CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №10(197)2024
PERSONA GRATA
A. I. Krivenkiy:
Public international and private international law: correlation and interaction
Interview with Alexander Ivanovich Krivenkiy, Ph.D. in historical sciences, professor
INTERNATIONAL LAW
Gigineyshvili M. T.
International treaty cooperation in combating cyber crime
Nabiullin B. Yu.
World experience in the use of research and analytical centers in the field of intellectual property and its application on the territory of the EAEU
Scobileva I. V., Makhonin D. D., Usachev A. S.
Protection of women’s rights in international law: normative regulation
Grushin Yu. O.
Preliminary analysis of the European Digital Infrastructure Consortia (EDIC)
Evdokimova A. A.
The impact of unilateral coercive measures on the implementation of international legal obligations to protect human rights
Mukhametgareeva N. M., Yusupova Z. A.
International legal protection of the marine environment and biological water resources from pollution
Paramuzova O. G., Bova E. I.
Political and legal discourse on the ineffectiveness of the international legal mechanism for the protection of cultural property
Liu Yuan
«Soft power» of the PRC in North Africa: cooperation in the spheres of education and culture
Monakhov G. D., Ushakov R. R.
China’s normative power in promoting its understanding of human rights
Sechin D. S.
The crisis of the idea of equality in modern international law
Sofjina O. A.
International public legal aspects of regulating maritime and environmental safety of maritime transport between the Russian Federation and the European Union under sanctions
Idelbaeva G. I.
Recognition of an international treaty as invalid and its legal consequences
INTERNATIONAL PRIVATE LAW
Bashilov B. I., Oleynik A.D.
Separate principles of the procedure of cross-border bankruptcy in the countries of the African region in the context of digitalization of legal proceedings
Nekrasov I. A.
Unification of mandatory rules in private international law
Zarubina E. A.
Digital platforms of dispute resolution for consumer contracts
LAW OF THE FOREIGN COUNTRIES
Zhivodrova S. A., Zhivodrova N. A.
Anti-corruption standards of the United Arab Emirates when placing government orders
THEORY OF STATE AND LAW
Serkerov S. E., Abdulmutalimova Z. M., Gasanalieva K. M.
The concept and specifics of the institution of legal responsibility: historical and legal analysis
Zubkova A. S.
On the question of the existence of complex branches of law in the modern legal system of Russia
Lednev A. A.
Experimental legal relations: features, classification and legal aspects
Stepanenko A. S.
The place and role of the institute of civil society in the theory of state and law
Khudoykina T. V., Buzakov A. Yu.
Legal and communicative competence of a lawyer in the process of resolving family conflicts (with psychological and pedagogical examination)
Shamgunova M. I.
Problems of distribution of the burden of proof in disputes on bringing to subsidiary liability in case of exclusion of a company from the Unified State Register of Legal Entities
Kolesov M. S.
Samuel Hangtington’s Political and Legal ideas: enduring relevance
HISTORY OF STATE AND LAW
Arsenjeva G. V., Korchagina I. V., Khramova I. S.
Retrospective of domestic legislation in the field of social protection of large families
Garashchenko A. Yu.
The use of artificial intelligence in law enforcement practice in Russia and foreign countries: risks and prospects
Zaytseva Yu. V.
The importance of education as a condition for sustainable development of the state in the works of Western European authors of the XVII – early XVIII centuries
Nedzelyuk T. G.
State-confessional policy in Tyva: based on the materials of the Office of Ambyn-noyon Tannu-Urianhai in the State Archive of the Republic of Tyva
Pavlov O. V.
The dichotomy of Ownership. Civil society in the legacy of the Empire of Ancient Rome. Objectification of history as a factor of continuity of Ancient Rome
Patrash N. V.
Organization of medical and sanitary provision of the Gdov house of detention in the 1920s.
CONSTITUTIONAL LAW
Gogleva K. Yu.
Judicial constitutional control as a way of the resolution of a public law conflict
Ermolaev V. O. Mikheeva T. N.
The main forms of interaction between state authorities and local self-government in a unified system of public authority
Kombarova E. V.
Сonstitutional and legal mechanism of interaction between public authorities in Russia
Magomedova Z. A.
The right to life in Russian constitutional law
ADMINISTRATIVE LAW
Alferov S. N.
Current areas of activity of the prosecutor’s office for the enforcement of laws in the environmental sphere (based on materials from the Republic of Crimea)
Andreev B. S., Abramitov S. A., Dneprovskaya M. A.
Legal interests in the civil service: on the issue of use of the term in regional legislation
Budnikova A. B.
Selected aspects of legal regulation of administrative responsibility for illegal drug use under the legislation of Russia and the CIS countries
Volkov P. A., Panfilova O. V.
On the issue of administrative liability for petty hooliganism at railway transport facilities
Zyryanov I. V., Bilokon V. P.
Prevention of the involvement of minors in destructive, including extremist activities
Maksimov S. N.
The specificity of applying synergetics methodology to form a dynamic model of administrative and legal provision of economic security
Osetrova A. Yu., Stepanova E. V.
Legal aspects of improving water quality and sustainable water management solutions in Russia and neighboring countries
Ponomarenko A. A.
Environmental quality management and regulation in the energy sector: a legal aspect
Savochkina D. O., Goroshko O. V., Dezhurny A. A.
Administrative supervision as a measure of state coercion
Fedorov A. V., Solomko V. A., Novichkova E. E.
Issues of systemic prevention of juvenile delinquency
Chelpanova M. M., Bilokon V. P.
The powers of the district Commissioner of the police to prevent neglect, homelessness, offenses and antisocial actions of minors
Shestak V. S.
The regulatory role of administrative law in the field of national security
Khalilev R. A.
Ways to resolve problems associated with the implementation of rights and duties of district police officers
Dinislamova A. Z.
On the issue of legal revision and clarification of the information terminology apparatus in the domestic legal system
Zyryanov I. V., Dezhurny A. A., Turskaya E. R.
Multifactorial analysis as a method of studying the causes and conditions contributing to the commission of violent offenses in the field of family and household relations
Nurmukhammadzoda F. J.
Role of administrative and legal regulation of information security policy in local self-government bodies in the Republic of Tajikistan
Mardonzoda S. R.
On a new approach to the analysis of migration legislation of the Russian Federation and the Republic of Tajikistan
Ponezhina L. Yu., Ponezhin M. Yu.
Retrospective characterization of the legal foundations of the circulation of edged weapons
CIVIL LAW
Ananjeva E. O., Kashintseva I. L.
On the issue of the observance of certain civil rights of convicts
Alexandrov A. A., Ermolina M. A.
Criteria for determining the capitalization of real estate objects
Litvinov R. V.
On the issue of division of common property of spouses
Smirnova M. I., Balatskaya Yu. Yu.
Implementation of the rights of people with disabilities in employment and education in Russia and Switzerland: a comparative analysis
Yastremskiy I. A.
The legal significance of consent to the use of a patient’s image in a contract for the provision of paid medical services in the plastic surgery profile
Gaymaleeva A. T.
To the question of the correlation of unjust enrichment with other requirements for the protection of civil rights
GalimkhanovI. A.
To the question of the relative invalidity of transactions
Grishin S. M.
Big data, the Internet of Things, the digital medical profile of a citizen and an electronic medical record in the context of legal regulation of healthcare digitalization
Dalkheev A. A.
The legal regime of heating networks: distribution of the burden of maintenance
Zaglyadina Ya. A.
Genesis of legal regulation of counteraction to unfair competition in the field of illegal use of information
Kudrin A. S.
On the issue of the development of collective agreement regulation in Russia: historical aspects
Mamakhanov G. S.
Force majeure in the context of a construction contract in the context of changing realities: from the COVID-19 pandemic to illegal actions of unfriendly countries on the territory of Russia during the Special Military Operation
Mikhaylova D. V.
The contents of the register of trademarks and service marks as a way to determine the limits of legal protection of trademarks and service marks
Yastremskiy I. A.
The evidentiary value of a specialist’s conclusion on a previously conducted forensic medical examination of a patient’s dispute with a plastic surgery clinic
CIVIL PROCESS
Petrov I. V., Dementeeva I. I.
Current trends in the use of digital technologies in civil and arbitration proceedings
LABOUR LAW AND SOCIAL SECURITY LAW
Aliev Sh. I., Aliev A. Sh.
Social partnership as a form of cooperation
Vladimirova O. A., Semenov D. T., Kadyntseva M. A.
Support for large families: regional experience
Gorelov R. O.
Problems of legal regulation of fixed-term employment contracts
Kozhukhova G. S., Kolodkina V. N.
Analysis of some characteristics of types of employment contract
TRADE LAW
Vasilevskiy I. S.
Overcoming a corporate deadlock complicated by the equal distribution of shares of the authorized capital of a limited liability company between participants, by forcibly excluding a participant
ENTREPRENEURIAL LAW
Osipov A. S.
Legal regulation of credit corporations management during the temporary administration period
BUSINESS LAW
Khanchukaeva L. A.
Price abuse of dominance by digital platforms operators
CORPORATE LAW
Smetanin A. I.
Corporate dispute as a subject of court proceedings: criteria and issues of differentiation
Tretyakov R. V.
Questions of definition of the concept of corporate conflict
ECOLOGICAL LAW
Kabysh N. F.
Ecology in Dagestan: current state and current problems
Smirnova A.V.
Urban planning standards as a basis for the observance of the human right to a favorable environment
Sukhova E. A., Abanina E. N.
Voluntary carbon market: mechanism of functioning, advantages, foreign experience of legal regulation
CRIMINAL LAW
Aliev Sh. I., Tailov A. G., Payzulaeva B. A.
Peculiarities of application of the institute of active repentance in the norms of the Criminal Code of the Russian Federation
Ardashev R. G., Lesnikova D. I.
On the issue of non-traditional methods of solving crimes of the past years
Alieva K. Z., Zeynalov M. M.
Theoretical, legal and practical aspects of criminal liability and punishment
Guseva E. V.
The legal content of the concept of “convicted person”
Idrisova A. D., Marianov A. A.
The influence of the object of the crime on the qualification of criminal acts
Zinchenko N. N.
The development of electronic payment systems and their impact on the criminal situation in Russia
Kornev A. S.
Problems of using terminology in the field of artificial intelligence
Latypova D. M., Musaleva A. V.
Problems of legislative regulation of criminal liability for hostage-taking
Maltseva S. N., Suleymanov T. A.
The legal nature of crimes against public safety
Pirova R. N.
Problems of combating corruption in law enforcement agencies
Semenov S. G., Roditeleva Ya. N., Burlin S. V., Zimin N. V.
The excess of the executor in criminal law: problems of qualification and judicial practice
Nigmatullin R.V.
On the problem of cooperation between the BRICS countries in countering terrorism
Taova L. Yu.
Criminal law characteristics of crimes against the person
Trudov I. Yu.
On the question of prevention of crime of minors and their features
Tyunin V. I., Kirikova M. V.
On the question of some signs of the objective side of hooliganism
Urusov Z. Kh., Dikinov A. Kh.
Criminal liability for crimes in the field of computer information in Russia
Shugaibova S. Sh., Marianov A. A.
On the issue of the concept of the institution of administrative prejudice in criminal law in modern Russia
Hussein Anmar Talal Hussein
The legal status of minors in the Republic of Iraq: a comparative analysis
Khutov K. M.
Some problems of regulating criminal liability for restricting competition in commodity markets
Piskur A. V.
Measures to prevent corruption in the internal affairs bodies: practical application and problems of implementation on the example of the Russian Federation and the Kyrgyz Republic
Balabkin D. A., Abrosimov I. S., Martinchuk N. A.
On the role of anti-corruption expertise of normative legal acts and their projects in the anti-corruption system
Huynh Huu Tinh
Some restrictions in the criminal legislation of Vietnam regarding illegal sentences and recommendations for improvement
CRIMINAL PROCESS
Abdurakhmonov D. A.
Interaction of authorized bodies in the implementation of international cooperation in criminal cases of an economic nature in the current realities (using the example of the Russian Federation and the Republic of Tajikistan)
Abdurakhmanov S. S., Asadueva S. A.
The indictment as the final procedural document of the criminal case
Zamurueva E. Yu.
Use of electronic evidence in criminal proceedings
Ibragimov M. I., Begova D. Ya.
Grounds for holding a preliminary hearing in a criminal trial
Kornelyuk O. V., Lifanova M. V.
Advantages and disadvantages of a special trial procedure
Maslennikova E. A.
The criminal and criminal procedural aspect of the investigation of fraud committed by persons sentenced to imprisonment
Ovchinnikova E. O.
Political and legal issues of extradition of citizens by the Russian Federation as a Member State of the BRICS association: to the problem statement
Olifirenko E. P.
Analysis of the practice of prosecutorial supervision in the field of countering extremism in the Russian Federation
Saakyan A. G., Skorikov D. G.
Criminal procedural and criminalistic features of the confrontation
Shcherbinin E. S., Khrushchev A. V.
Criminal procedural features of initiating criminal cases on crimes in the sphere of entrepreneurial activity
Abdurakhmanov S. S., Asadueva S. A.
Violation of the requirements of the Code of Criminal Procedure for the preparation of an indictment as a basis for the return of a criminal case
Ibragimov M. I., Begova D. Ya.
The procedure for conducting a preliminary hearing
Turshin A. I.
The place of artificial intelligence in evidence in the administration of justice in criminal cases
Shekolenko A. P.
Assessment of the sufficiency of evidence following preliminary hearings
Chasovnikova O. G., Smolyakov А. А., Mezentsev I. V.
Comparative features of the activity of the prosecutor in the Russian Federation and in the Republic of Belarus
CRIMINAL-EXECUTIVE LAW
Bazhanov S. A.
Issues of property relations in prisoners sentenced to forced labour
Golovastova Yu. A., Gordopolov A. N.
The behavior of convicts serving imprisonment as a criterion for assessing their personality and the degree of correction
Kotlyarov A. A.
Hierarchical distribution of convicts and a list of necessary knowledge required for an employee of the criminal justice system
Maksimenko M. V.
Foreign experience in execution of punishments not related to isolation of convicted persons from society
Mikheeva S. V., Deriglazova O. A.
Issues of criminal liability for the transfer of communications equipment and their components to convicts
Skobeleva O. O.
Peculiarities of correctional impact on convicts sentenced to life imprisonment
CRIMINALISTICS
Vnukov V. I., Sigerich M. Ya.
Selected issues of technical and forensic research on intersecting strokes in modern writing materials
Dzhuruk D. S., Shcheglov A. I., Pushechnikov A. A.
The concept, content and system of criminalistic support for the investigation of fraud with the use of information and telecommunication technologies
Zaletkina A. N., Yatskina I. A.
Application of a practice-oriented approach in the professional training of employees of preliminary investigation and inquiry units
Ryzhkov I. V., Saakyan A. G.
The current state of information support for forensic and technical forensic activities
Fayzullina A. A.
Motivation оf criminal behavior of serial killers
Sharifulin A. A., Sharifulin G. A.
On the issue of the peculiarities of the criminalistic characteristics of the theft of non-cash funds of individuals
Klyueva Yu. A.
The determining role of the preliminary stage of the forensic examination of psychoactive substances
Manakova E. A.
Special software as a type of special technical means used by an investigator in the investigation of crimes in the field of drug trafficking
CRIMINOLOGY
Bichenova A. R., Borukson S.L.
Personality Traits of a Violent Offender
Vtorushina V. V.
Armed attacks on educational institutions as an object of criminological research
Lutseva K. V.
Providing drug treatment assistance to convicts with drug addiction in the system of drug-related crime prevention
Pavlik E. M., Yakhontova O. S.
The main directions of prevention of theft of vehicles
Ragulina A. V.
The composition of iatrogenic crimes and problems of law enforcement practice
Shugaibova S. Sh., Marianov A. A.
Criminological aspects of rape
Fedorov A. F., Semenyuk R. A.
Victimological prevention of fraud committed using information and telecommunication technologies
Frizen P. D., Reshetnikova S. A.
Socio-economic determinants of women’s crime at the present stage
Alieva A. I.
The ecology of living and its impact on the criminogenic behavior of adolescents
JUDICIARY
Redkina E. N.
On the formation of juvenile justice in the Russian Federation at the present stage
JUDICIAL POWER
Moroz S. A., Komarova S. S.
Statistical analysis of data, when introducing automation of the judicial process, during the judicial watch, to identify common factors that hinder the development and establishment of justice in the Russian Federation
Urusov Z. Kh.
Legal status of the supreme court of Russia in the judicial system of the country: theoretical and practical aspects
LAW ENFORCEMENT AGENCIES
Akhiyarov R. A., Godovykh A. A., Baykalov V. A.
Psychophysiological aspects of shooting: stress management and concentration of attention among cadets
Iljina O. V.
Information support of management in the internal affairs bodies of the Russian Federation
Kireev I. M., Khabarov D. V., Ivanchenko E. S.
Issues of the use of unmanned aerial vehicles in the practical activities of internal affairs bodies
Koshkarova Yu. A., Astakhova A. A.
Features of the development of the police of Thailand: history and modernity
Malkova L. L.
Social guarantees for employees of the UIS: problems and ways to solve them
Magomedaliev A. M., Yakushev E. V., Goryagin R. A.
The introduction of a systematic approach to management activities in the department of internal affairs. Development prospects
Martynenko V. S., Karelkin E. N., Borisova N. I., Boyko A. D.
Pedagogical system of organization of physical training and sports in educational organizations of the MIA of Russia
Mirzaev M. A., Isamagomedov A. M.
Concept, meaning, features of the judiciary in the Russian Federation
Panova O. S., Podolskiy V. V., Zakomaldin A. S.
Physical training as a key component of the professional competence of an employee of the internal affairs bodies
SECURITY AND LAW
Doronin Yu. P.
Integrative orientation of the Russian law in anti-extremism cooperation
Ovchinskiy A. S., Zhuravlenko N. I., Ayupova A. R.
Prospects for using generative application of structural analysis in information combating destructive online communities
PEDAGOGY AND LAW
Alieva A. I.
Integration of sports programs into the system of prevention of juvenile delinquency: Russian and foreign experience
Verbilov A. F., Uraev R. R., Zhukova A. I., Kosovskaya D. V.
Interactive teaching methods: prospects and features of implementation
Dadov A. V.
Features of the application of innovative technologies in the process of physical training of students, cadets of educational organizations of the Ministry of Internal Affairs of Russia
Zhabkin A. S., Linevich Ya. V., Kosovskiy V. B., Strizhanov A. V.
Interactive teaching methods used in universities of the Ministry of Internal Affairs
Zorina N. S., Tsarkova E. G.
The socio-pedagogical aspects of the adaptation of juvenile offenders
Zvyagina A. V., Kutinova A. O.
Ensuring the scientific activities of the penal system of the Russian Federation through the training of highly qualified scientific and pedagogical personnel
Lavrichenko R. K., Kovalev V. V., Artamonova M. A., Taranin M. A.
Educational technologies used in the training of cadets and students of universities of the Ministry of Internal Affairs of Russia
Filimonov R. N., Mukhin I. A., Pankin A. M., Borovenskiy A. A.
The development of the ability of self-improvement within the framework of independent physical training of students of educational organizations of the Ministry of Internal Affairs of Russia
Sapronov S. V., Bayramov S. A., Budnik N. S.
Analysis of the effect of stimulants on improving the skills of fire training of cadets
Zorina N. S., Tsarkova E. G.
General characteristics of juvenile offenders in the FPS of Russia
PSYCHOLOGY AND LAW
Idrisov I. K., Pavlov I. M., Mandryka Yu. S., Bukhtoyarov I. I.
Factors influencing the behavior of minors and some aspects of the work of police officers with difficult teenagers
Mandryka Yu. S., Linevich Ya. V., Yuzvak S. A., Tsurov T. B.
On the importance of developing communication skills among police officers
Martynyuk S. N., Mukhataev N. A., Lazarev V. Yu., Burlin S. V.
Development of stress tolerance of police officers when performing tasks in special conditions
STATE AND LAW
Ryzhenkov R. A.
State coercion in the conditions of digital transformation: some problem aspects
Khabibullina G. R.
The right to work in the context of state employment policy
Sukhanov S. A.
Currency regulation in the digital economy: legal aspect
HUMAN RIGHTS
Kabakova E. S., Litvinov R. V.
Temporary exemption of persons affected by serious crimes from paying taxes
LANGUAGE AND LAW
Maslo Yu. V.
Difficulties in translating international legal documents
ECONOMY. LAW. SOCIETY
Abramovich E. T.
Problems and prospects for the development of customs authorities in the foreseeable future
Amirova I. G., Suleymanova A. M.
Problems of functioning of regional commercial banks
Achraf Badi, Rudneva Yu. R.
Methods for managing innovation activities of enterprises based on the project approach
Kobicheva A. M., Baranova T. A.
Analysis of the effectiveness of chat bot technology in studying foreign languages
Solovjeva I. A., Avdeyeva L. A., Amangildina R. F.
On the question of assessing the effectiveness of the HR management system of the organization
Tukaeva F. A.
Efficiency of the use of current assets in agricultural enterprises of the Republic of Bashkortostan
Orlova V. A.
Theoretical and methodological basis for analyzing the effectiveness of innovations in the context of orientation towards sustainable development
PHILOSOPHY. LAW. SOCIETY
Alshevskaya L. V.
The category of causality in the ontological doctrine of V. V. Rozanov (1856-1919)
Vakhnina E. A.
Sino-Russian intercultural communication at the regional level
Vezlomtsev V. E.
The modern discourse of corruption
Vinogradova V. I.
Anthropological concepts in spiritual heritage of Theodosiy Pechersky
Dallakyan K. A., Kungurtseva G. F.
The value bases of the student’s self-identification
Danilov V. L.
State-confessional relations in Russia in the 20th-21st centuries
Rubantsova T. A., Sotnikova E. V., Khayarov D. G.
The spiritual origins of humanism in the Middle Ages
Rudkevich E. Yu.
War: social change or change of the social?
Sabirzyanov A. M
The category of “will to power” in the context of environmental philosophy
Fedyaev D. M., Fedyaeva N. D.
The industrial factor of culture formation
Frolova I. V., Frolov K. A., Lukmanova R. Kh.
Building solidarity through university humanities disciplines: prospects of the project approach
Shevlyakova T. A., Orlova V. V.
Dynamics of ideas about mediation in the history of social and philosophical thought
Klyuchkova E. Yu.
Sociocultural horizons of the sound engineer’s activity in the perspective of philosophical analysis
Alshevskaya L. V.
Philosophy and methodology of science by V. V. Rozanov
Bliznyuk A. G.
Specific of understanding the phenomenon of kinship in classical anthropological studies
Kaziev N. R.
The evolution of the concept of «fraternity» in social philosophy
Karhotkina A. O.
The phenomenon of a career in the life of a modern Russian
Plintsovskiy A. S.
The inclusive potential of philosophical interpretations of creativity in a Western European perspective
KubrikovaA.S.,LisinaL.G.
Historical development of the state and the evolution of statehood: the bi-unity of the process
RomanovskayaV.B.,KrymovA.V.
State and legal ideals and values: the West and Russia
BikmetovE.Yu.,GaripovaG.R., Itkulova L. A., Lukyanov A. V., Pushkareva M. A.
Ethics of duty as a methodological research program of ecological thinking and behavior in the conditions of invironmental crisis
Timoschuk A. S.
Enclavization of Russia as a threat to sustainability
Rudkevich E. Yu.
War: conceptualization of the concept in the work of H. Hofmeister’s «The will to war or the impotence of politics»
Sigauri-Gorskii E. R.
Mutual lessons of «the ASEAN way» and Eurasian integration in the emergence of a multipolar world order: issues of sociology of law and political philosophy
Razinkova O. I.
Features of the formation of a child’s «network personality»: a socio-philosophical analysis
Fayzullin F. S., Komissarov S. N., Gezalov A. A.
Actualization of the problems of the development of national cultures of Russia in the context of globalization
Silyutina A. V.
Socio-philosophical aspect of the correlation of traditions and innovations in the social dynamics of modern society
BOOK REVIEW
Buryanov S.A.
The difficult path from the law of force to the force of law and from the balance of power to the balance of interests. Searching for the future of international law through understanding its past in the monograph by Ph.D. in Law Insura Zabirovich Farkhutdinov “Evolution of international law from Westphal to Versailles (1648 – 1919)”. – M.: Infra-M, 2024. – 446 p.
A. I. Krivenkiy:
Public international and private international law: correlation and interaction
Interview with Alexander Ivanovich Krivenkiy, Ph.D. in historical sciences, professor
INTERNATIONAL LAW
Gigineyshvili M. T.
International treaty cooperation in combating cyber crime
Nabiullin B. Yu.
World experience in the use of research and analytical centers in the field of intellectual property and its application on the territory of the EAEU
Scobileva I. V., Makhonin D. D., Usachev A. S.
Protection of women’s rights in international law: normative regulation
Grushin Yu. O.
Preliminary analysis of the European Digital Infrastructure Consortia (EDIC)
Evdokimova A. A.
The impact of unilateral coercive measures on the implementation of international legal obligations to protect human rights
Mukhametgareeva N. M., Yusupova Z. A.
International legal protection of the marine environment and biological water resources from pollution
Paramuzova O. G., Bova E. I.
Political and legal discourse on the ineffectiveness of the international legal mechanism for the protection of cultural property
Liu Yuan
«Soft power» of the PRC in North Africa: cooperation in the spheres of education and culture
Monakhov G. D., Ushakov R. R.
China’s normative power in promoting its understanding of human rights
Sechin D. S.
The crisis of the idea of equality in modern international law
Sofjina O. A.
International public legal aspects of regulating maritime and environmental safety of maritime transport between the Russian Federation and the European Union under sanctions
Idelbaeva G. I.
Recognition of an international treaty as invalid and its legal consequences
INTERNATIONAL PRIVATE LAW
Bashilov B. I., Oleynik A.D.
Separate principles of the procedure of cross-border bankruptcy in the countries of the African region in the context of digitalization of legal proceedings
Nekrasov I. A.
Unification of mandatory rules in private international law
Zarubina E. A.
Digital platforms of dispute resolution for consumer contracts
LAW OF THE FOREIGN COUNTRIES
Zhivodrova S. A., Zhivodrova N. A.
Anti-corruption standards of the United Arab Emirates when placing government orders
THEORY OF STATE AND LAW
Serkerov S. E., Abdulmutalimova Z. M., Gasanalieva K. M.
The concept and specifics of the institution of legal responsibility: historical and legal analysis
Zubkova A. S.
On the question of the existence of complex branches of law in the modern legal system of Russia
Lednev A. A.
Experimental legal relations: features, classification and legal aspects
Stepanenko A. S.
The place and role of the institute of civil society in the theory of state and law
Khudoykina T. V., Buzakov A. Yu.
Legal and communicative competence of a lawyer in the process of resolving family conflicts (with psychological and pedagogical examination)
Shamgunova M. I.
Problems of distribution of the burden of proof in disputes on bringing to subsidiary liability in case of exclusion of a company from the Unified State Register of Legal Entities
Kolesov M. S.
Samuel Hangtington’s Political and Legal ideas: enduring relevance
HISTORY OF STATE AND LAW
Arsenjeva G. V., Korchagina I. V., Khramova I. S.
Retrospective of domestic legislation in the field of social protection of large families
Garashchenko A. Yu.
The use of artificial intelligence in law enforcement practice in Russia and foreign countries: risks and prospects
Zaytseva Yu. V.
The importance of education as a condition for sustainable development of the state in the works of Western European authors of the XVII – early XVIII centuries
Nedzelyuk T. G.
State-confessional policy in Tyva: based on the materials of the Office of Ambyn-noyon Tannu-Urianhai in the State Archive of the Republic of Tyva
Pavlov O. V.
The dichotomy of Ownership. Civil society in the legacy of the Empire of Ancient Rome. Objectification of history as a factor of continuity of Ancient Rome
Patrash N. V.
Organization of medical and sanitary provision of the Gdov house of detention in the 1920s.
CONSTITUTIONAL LAW
Gogleva K. Yu.
Judicial constitutional control as a way of the resolution of a public law conflict
Ermolaev V. O. Mikheeva T. N.
The main forms of interaction between state authorities and local self-government in a unified system of public authority
Kombarova E. V.
Сonstitutional and legal mechanism of interaction between public authorities in Russia
Magomedova Z. A.
The right to life in Russian constitutional law
ADMINISTRATIVE LAW
Alferov S. N.
Current areas of activity of the prosecutor’s office for the enforcement of laws in the environmental sphere (based on materials from the Republic of Crimea)
Andreev B. S., Abramitov S. A., Dneprovskaya M. A.
Legal interests in the civil service: on the issue of use of the term in regional legislation
Budnikova A. B.
Selected aspects of legal regulation of administrative responsibility for illegal drug use under the legislation of Russia and the CIS countries
Volkov P. A., Panfilova O. V.
On the issue of administrative liability for petty hooliganism at railway transport facilities
Zyryanov I. V., Bilokon V. P.
Prevention of the involvement of minors in destructive, including extremist activities
Maksimov S. N.
The specificity of applying synergetics methodology to form a dynamic model of administrative and legal provision of economic security
Osetrova A. Yu., Stepanova E. V.
Legal aspects of improving water quality and sustainable water management solutions in Russia and neighboring countries
Ponomarenko A. A.
Environmental quality management and regulation in the energy sector: a legal aspect
Savochkina D. O., Goroshko O. V., Dezhurny A. A.
Administrative supervision as a measure of state coercion
Fedorov A. V., Solomko V. A., Novichkova E. E.
Issues of systemic prevention of juvenile delinquency
Chelpanova M. M., Bilokon V. P.
The powers of the district Commissioner of the police to prevent neglect, homelessness, offenses and antisocial actions of minors
Shestak V. S.
The regulatory role of administrative law in the field of national security
Khalilev R. A.
Ways to resolve problems associated with the implementation of rights and duties of district police officers
Dinislamova A. Z.
On the issue of legal revision and clarification of the information terminology apparatus in the domestic legal system
Zyryanov I. V., Dezhurny A. A., Turskaya E. R.
Multifactorial analysis as a method of studying the causes and conditions contributing to the commission of violent offenses in the field of family and household relations
Nurmukhammadzoda F. J.
Role of administrative and legal regulation of information security policy in local self-government bodies in the Republic of Tajikistan
Mardonzoda S. R.
On a new approach to the analysis of migration legislation of the Russian Federation and the Republic of Tajikistan
Ponezhina L. Yu., Ponezhin M. Yu.
Retrospective characterization of the legal foundations of the circulation of edged weapons
CIVIL LAW
Ananjeva E. O., Kashintseva I. L.
On the issue of the observance of certain civil rights of convicts
Alexandrov A. A., Ermolina M. A.
Criteria for determining the capitalization of real estate objects
Litvinov R. V.
On the issue of division of common property of spouses
Smirnova M. I., Balatskaya Yu. Yu.
Implementation of the rights of people with disabilities in employment and education in Russia and Switzerland: a comparative analysis
Yastremskiy I. A.
The legal significance of consent to the use of a patient’s image in a contract for the provision of paid medical services in the plastic surgery profile
Gaymaleeva A. T.
To the question of the correlation of unjust enrichment with other requirements for the protection of civil rights
GalimkhanovI. A.
To the question of the relative invalidity of transactions
Grishin S. M.
Big data, the Internet of Things, the digital medical profile of a citizen and an electronic medical record in the context of legal regulation of healthcare digitalization
Dalkheev A. A.
The legal regime of heating networks: distribution of the burden of maintenance
Zaglyadina Ya. A.
Genesis of legal regulation of counteraction to unfair competition in the field of illegal use of information
Kudrin A. S.
On the issue of the development of collective agreement regulation in Russia: historical aspects
Mamakhanov G. S.
Force majeure in the context of a construction contract in the context of changing realities: from the COVID-19 pandemic to illegal actions of unfriendly countries on the territory of Russia during the Special Military Operation
Mikhaylova D. V.
The contents of the register of trademarks and service marks as a way to determine the limits of legal protection of trademarks and service marks
Yastremskiy I. A.
The evidentiary value of a specialist’s conclusion on a previously conducted forensic medical examination of a patient’s dispute with a plastic surgery clinic
CIVIL PROCESS
Petrov I. V., Dementeeva I. I.
Current trends in the use of digital technologies in civil and arbitration proceedings
LABOUR LAW AND SOCIAL SECURITY LAW
Aliev Sh. I., Aliev A. Sh.
Social partnership as a form of cooperation
Vladimirova O. A., Semenov D. T., Kadyntseva M. A.
Support for large families: regional experience
Gorelov R. O.
Problems of legal regulation of fixed-term employment contracts
Kozhukhova G. S., Kolodkina V. N.
Analysis of some characteristics of types of employment contract
TRADE LAW
Vasilevskiy I. S.
Overcoming a corporate deadlock complicated by the equal distribution of shares of the authorized capital of a limited liability company between participants, by forcibly excluding a participant
ENTREPRENEURIAL LAW
Osipov A. S.
Legal regulation of credit corporations management during the temporary administration period
BUSINESS LAW
Khanchukaeva L. A.
Price abuse of dominance by digital platforms operators
CORPORATE LAW
Smetanin A. I.
Corporate dispute as a subject of court proceedings: criteria and issues of differentiation
Tretyakov R. V.
Questions of definition of the concept of corporate conflict
ECOLOGICAL LAW
Kabysh N. F.
Ecology in Dagestan: current state and current problems
Smirnova A.V.
Urban planning standards as a basis for the observance of the human right to a favorable environment
Sukhova E. A., Abanina E. N.
Voluntary carbon market: mechanism of functioning, advantages, foreign experience of legal regulation
CRIMINAL LAW
Aliev Sh. I., Tailov A. G., Payzulaeva B. A.
Peculiarities of application of the institute of active repentance in the norms of the Criminal Code of the Russian Federation
Ardashev R. G., Lesnikova D. I.
On the issue of non-traditional methods of solving crimes of the past years
Alieva K. Z., Zeynalov M. M.
Theoretical, legal and practical aspects of criminal liability and punishment
Guseva E. V.
The legal content of the concept of “convicted person”
Idrisova A. D., Marianov A. A.
The influence of the object of the crime on the qualification of criminal acts
Zinchenko N. N.
The development of electronic payment systems and their impact on the criminal situation in Russia
Kornev A. S.
Problems of using terminology in the field of artificial intelligence
Latypova D. M., Musaleva A. V.
Problems of legislative regulation of criminal liability for hostage-taking
Maltseva S. N., Suleymanov T. A.
The legal nature of crimes against public safety
Pirova R. N.
Problems of combating corruption in law enforcement agencies
Semenov S. G., Roditeleva Ya. N., Burlin S. V., Zimin N. V.
The excess of the executor in criminal law: problems of qualification and judicial practice
Nigmatullin R.V.
On the problem of cooperation between the BRICS countries in countering terrorism
Taova L. Yu.
Criminal law characteristics of crimes against the person
Trudov I. Yu.
On the question of prevention of crime of minors and their features
Tyunin V. I., Kirikova M. V.
On the question of some signs of the objective side of hooliganism
Urusov Z. Kh., Dikinov A. Kh.
Criminal liability for crimes in the field of computer information in Russia
Shugaibova S. Sh., Marianov A. A.
On the issue of the concept of the institution of administrative prejudice in criminal law in modern Russia
Hussein Anmar Talal Hussein
The legal status of minors in the Republic of Iraq: a comparative analysis
Khutov K. M.
Some problems of regulating criminal liability for restricting competition in commodity markets
Piskur A. V.
Measures to prevent corruption in the internal affairs bodies: practical application and problems of implementation on the example of the Russian Federation and the Kyrgyz Republic
Balabkin D. A., Abrosimov I. S., Martinchuk N. A.
On the role of anti-corruption expertise of normative legal acts and their projects in the anti-corruption system
Huynh Huu Tinh
Some restrictions in the criminal legislation of Vietnam regarding illegal sentences and recommendations for improvement
CRIMINAL PROCESS
Abdurakhmonov D. A.
Interaction of authorized bodies in the implementation of international cooperation in criminal cases of an economic nature in the current realities (using the example of the Russian Federation and the Republic of Tajikistan)
Abdurakhmanov S. S., Asadueva S. A.
The indictment as the final procedural document of the criminal case
Zamurueva E. Yu.
Use of electronic evidence in criminal proceedings
Ibragimov M. I., Begova D. Ya.
Grounds for holding a preliminary hearing in a criminal trial
Kornelyuk O. V., Lifanova M. V.
Advantages and disadvantages of a special trial procedure
Maslennikova E. A.
The criminal and criminal procedural aspect of the investigation of fraud committed by persons sentenced to imprisonment
Ovchinnikova E. O.
Political and legal issues of extradition of citizens by the Russian Federation as a Member State of the BRICS association: to the problem statement
Olifirenko E. P.
Analysis of the practice of prosecutorial supervision in the field of countering extremism in the Russian Federation
Saakyan A. G., Skorikov D. G.
Criminal procedural and criminalistic features of the confrontation
Shcherbinin E. S., Khrushchev A. V.
Criminal procedural features of initiating criminal cases on crimes in the sphere of entrepreneurial activity
Abdurakhmanov S. S., Asadueva S. A.
Violation of the requirements of the Code of Criminal Procedure for the preparation of an indictment as a basis for the return of a criminal case
Ibragimov M. I., Begova D. Ya.
The procedure for conducting a preliminary hearing
Turshin A. I.
The place of artificial intelligence in evidence in the administration of justice in criminal cases
Shekolenko A. P.
Assessment of the sufficiency of evidence following preliminary hearings
Chasovnikova O. G., Smolyakov А. А., Mezentsev I. V.
Comparative features of the activity of the prosecutor in the Russian Federation and in the Republic of Belarus
CRIMINAL-EXECUTIVE LAW
Bazhanov S. A.
Issues of property relations in prisoners sentenced to forced labour
Golovastova Yu. A., Gordopolov A. N.
The behavior of convicts serving imprisonment as a criterion for assessing their personality and the degree of correction
Kotlyarov A. A.
Hierarchical distribution of convicts and a list of necessary knowledge required for an employee of the criminal justice system
Maksimenko M. V.
Foreign experience in execution of punishments not related to isolation of convicted persons from society
Mikheeva S. V., Deriglazova O. A.
Issues of criminal liability for the transfer of communications equipment and their components to convicts
Skobeleva O. O.
Peculiarities of correctional impact on convicts sentenced to life imprisonment
CRIMINALISTICS
Vnukov V. I., Sigerich M. Ya.
Selected issues of technical and forensic research on intersecting strokes in modern writing materials
Dzhuruk D. S., Shcheglov A. I., Pushechnikov A. A.
The concept, content and system of criminalistic support for the investigation of fraud with the use of information and telecommunication technologies
Zaletkina A. N., Yatskina I. A.
Application of a practice-oriented approach in the professional training of employees of preliminary investigation and inquiry units
Ryzhkov I. V., Saakyan A. G.
The current state of information support for forensic and technical forensic activities
Fayzullina A. A.
Motivation оf criminal behavior of serial killers
Sharifulin A. A., Sharifulin G. A.
On the issue of the peculiarities of the criminalistic characteristics of the theft of non-cash funds of individuals
Klyueva Yu. A.
The determining role of the preliminary stage of the forensic examination of psychoactive substances
Manakova E. A.
Special software as a type of special technical means used by an investigator in the investigation of crimes in the field of drug trafficking
CRIMINOLOGY
Bichenova A. R., Borukson S.L.
Personality Traits of a Violent Offender
Vtorushina V. V.
Armed attacks on educational institutions as an object of criminological research
Lutseva K. V.
Providing drug treatment assistance to convicts with drug addiction in the system of drug-related crime prevention
Pavlik E. M., Yakhontova O. S.
The main directions of prevention of theft of vehicles
Ragulina A. V.
The composition of iatrogenic crimes and problems of law enforcement practice
Shugaibova S. Sh., Marianov A. A.
Criminological aspects of rape
Fedorov A. F., Semenyuk R. A.
Victimological prevention of fraud committed using information and telecommunication technologies
Frizen P. D., Reshetnikova S. A.
Socio-economic determinants of women’s crime at the present stage
Alieva A. I.
The ecology of living and its impact on the criminogenic behavior of adolescents
JUDICIARY
Redkina E. N.
On the formation of juvenile justice in the Russian Federation at the present stage
JUDICIAL POWER
Moroz S. A., Komarova S. S.
Statistical analysis of data, when introducing automation of the judicial process, during the judicial watch, to identify common factors that hinder the development and establishment of justice in the Russian Federation
Urusov Z. Kh.
Legal status of the supreme court of Russia in the judicial system of the country: theoretical and practical aspects
LAW ENFORCEMENT AGENCIES
Akhiyarov R. A., Godovykh A. A., Baykalov V. A.
Psychophysiological aspects of shooting: stress management and concentration of attention among cadets
Iljina O. V.
Information support of management in the internal affairs bodies of the Russian Federation
Kireev I. M., Khabarov D. V., Ivanchenko E. S.
Issues of the use of unmanned aerial vehicles in the practical activities of internal affairs bodies
Koshkarova Yu. A., Astakhova A. A.
Features of the development of the police of Thailand: history and modernity
Malkova L. L.
Social guarantees for employees of the UIS: problems and ways to solve them
Magomedaliev A. M., Yakushev E. V., Goryagin R. A.
The introduction of a systematic approach to management activities in the department of internal affairs. Development prospects
Martynenko V. S., Karelkin E. N., Borisova N. I., Boyko A. D.
Pedagogical system of organization of physical training and sports in educational organizations of the MIA of Russia
Mirzaev M. A., Isamagomedov A. M.
Concept, meaning, features of the judiciary in the Russian Federation
Panova O. S., Podolskiy V. V., Zakomaldin A. S.
Physical training as a key component of the professional competence of an employee of the internal affairs bodies
SECURITY AND LAW
Doronin Yu. P.
Integrative orientation of the Russian law in anti-extremism cooperation
Ovchinskiy A. S., Zhuravlenko N. I., Ayupova A. R.
Prospects for using generative application of structural analysis in information combating destructive online communities
PEDAGOGY AND LAW
Alieva A. I.
Integration of sports programs into the system of prevention of juvenile delinquency: Russian and foreign experience
Verbilov A. F., Uraev R. R., Zhukova A. I., Kosovskaya D. V.
Interactive teaching methods: prospects and features of implementation
Dadov A. V.
Features of the application of innovative technologies in the process of physical training of students, cadets of educational organizations of the Ministry of Internal Affairs of Russia
Zhabkin A. S., Linevich Ya. V., Kosovskiy V. B., Strizhanov A. V.
Interactive teaching methods used in universities of the Ministry of Internal Affairs
Zorina N. S., Tsarkova E. G.
The socio-pedagogical aspects of the adaptation of juvenile offenders
Zvyagina A. V., Kutinova A. O.
Ensuring the scientific activities of the penal system of the Russian Federation through the training of highly qualified scientific and pedagogical personnel
Lavrichenko R. K., Kovalev V. V., Artamonova M. A., Taranin M. A.
Educational technologies used in the training of cadets and students of universities of the Ministry of Internal Affairs of Russia
Filimonov R. N., Mukhin I. A., Pankin A. M., Borovenskiy A. A.
The development of the ability of self-improvement within the framework of independent physical training of students of educational organizations of the Ministry of Internal Affairs of Russia
Sapronov S. V., Bayramov S. A., Budnik N. S.
Analysis of the effect of stimulants on improving the skills of fire training of cadets
Zorina N. S., Tsarkova E. G.
General characteristics of juvenile offenders in the FPS of Russia
PSYCHOLOGY AND LAW
Idrisov I. K., Pavlov I. M., Mandryka Yu. S., Bukhtoyarov I. I.
Factors influencing the behavior of minors and some aspects of the work of police officers with difficult teenagers
Mandryka Yu. S., Linevich Ya. V., Yuzvak S. A., Tsurov T. B.
On the importance of developing communication skills among police officers
Martynyuk S. N., Mukhataev N. A., Lazarev V. Yu., Burlin S. V.
Development of stress tolerance of police officers when performing tasks in special conditions
STATE AND LAW
Ryzhenkov R. A.
State coercion in the conditions of digital transformation: some problem aspects
Khabibullina G. R.
The right to work in the context of state employment policy
Sukhanov S. A.
Currency regulation in the digital economy: legal aspect
HUMAN RIGHTS
Kabakova E. S., Litvinov R. V.
Temporary exemption of persons affected by serious crimes from paying taxes
LANGUAGE AND LAW
Maslo Yu. V.
Difficulties in translating international legal documents
ECONOMY. LAW. SOCIETY
Abramovich E. T.
Problems and prospects for the development of customs authorities in the foreseeable future
Amirova I. G., Suleymanova A. M.
Problems of functioning of regional commercial banks
Achraf Badi, Rudneva Yu. R.
Methods for managing innovation activities of enterprises based on the project approach
Kobicheva A. M., Baranova T. A.
Analysis of the effectiveness of chat bot technology in studying foreign languages
Solovjeva I. A., Avdeyeva L. A., Amangildina R. F.
On the question of assessing the effectiveness of the HR management system of the organization
Tukaeva F. A.
Efficiency of the use of current assets in agricultural enterprises of the Republic of Bashkortostan
Orlova V. A.
Theoretical and methodological basis for analyzing the effectiveness of innovations in the context of orientation towards sustainable development
PHILOSOPHY. LAW. SOCIETY
Alshevskaya L. V.
The category of causality in the ontological doctrine of V. V. Rozanov (1856-1919)
Vakhnina E. A.
Sino-Russian intercultural communication at the regional level
Vezlomtsev V. E.
The modern discourse of corruption
Vinogradova V. I.
Anthropological concepts in spiritual heritage of Theodosiy Pechersky
Dallakyan K. A., Kungurtseva G. F.
The value bases of the student’s self-identification
Danilov V. L.
State-confessional relations in Russia in the 20th-21st centuries
Rubantsova T. A., Sotnikova E. V., Khayarov D. G.
The spiritual origins of humanism in the Middle Ages
Rudkevich E. Yu.
War: social change or change of the social?
Sabirzyanov A. M
The category of “will to power” in the context of environmental philosophy
Fedyaev D. M., Fedyaeva N. D.
The industrial factor of culture formation
Frolova I. V., Frolov K. A., Lukmanova R. Kh.
Building solidarity through university humanities disciplines: prospects of the project approach
Shevlyakova T. A., Orlova V. V.
Dynamics of ideas about mediation in the history of social and philosophical thought
Klyuchkova E. Yu.
Sociocultural horizons of the sound engineer’s activity in the perspective of philosophical analysis
Alshevskaya L. V.
Philosophy and methodology of science by V. V. Rozanov
Bliznyuk A. G.
Specific of understanding the phenomenon of kinship in classical anthropological studies
Kaziev N. R.
The evolution of the concept of «fraternity» in social philosophy
Karhotkina A. O.
The phenomenon of a career in the life of a modern Russian
Plintsovskiy A. S.
The inclusive potential of philosophical interpretations of creativity in a Western European perspective
KubrikovaA.S.,LisinaL.G.
Historical development of the state and the evolution of statehood: the bi-unity of the process
RomanovskayaV.B.,KrymovA.V.
State and legal ideals and values: the West and Russia
BikmetovE.Yu.,GaripovaG.R., Itkulova L. A., Lukyanov A. V., Pushkareva M. A.
Ethics of duty as a methodological research program of ecological thinking and behavior in the conditions of invironmental crisis
Timoschuk A. S.
Enclavization of Russia as a threat to sustainability
Rudkevich E. Yu.
War: conceptualization of the concept in the work of H. Hofmeister’s «The will to war or the impotence of politics»
Sigauri-Gorskii E. R.
Mutual lessons of «the ASEAN way» and Eurasian integration in the emergence of a multipolar world order: issues of sociology of law and political philosophy
Razinkova O. I.
Features of the formation of a child’s «network personality»: a socio-philosophical analysis
Fayzullin F. S., Komissarov S. N., Gezalov A. A.
Actualization of the problems of the development of national cultures of Russia in the context of globalization
Silyutina A. V.
Socio-philosophical aspect of the correlation of traditions and innovations in the social dynamics of modern society
BOOK REVIEW
Buryanov S.A.
The difficult path from the law of force to the force of law and from the balance of power to the balance of interests. Searching for the future of international law through understanding its past in the monograph by Ph.D. in Law Insura Zabirovich Farkhutdinov “Evolution of international law from Westphal to Versailles (1648 – 1919)”. – M.: Infra-M, 2024. – 446 p.
PERSONA GRATA
A. I. Krivenkiy:
Public international and private international law: correlation and interaction
Interview with Alexander Ivanovich Krivenkiy, Ph.D. in historical sciences, professor
INTERNATIONAL LAW
GIGINEYSHVILI Mariya Teymurazovna
Ph.D. in Law, lecturer International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
INTERNATIONAL TREATY COOPERATION IN COMBATING CYBER CRIME
The article is devoted to the analysis of types of treaty cooperation between states for the purpose of combating cybercrime. As part of the study, cybercrimes must be understood in a broad sense as crimes in the field of computer information. The author classifies treaties on several grounds: by subject, by territorial principle. The paper presents regional agreements and describes the universal Draft UN Convention on Combating the Use of Information and Communication Technologies for Criminal Purposes.
Keywords: information and communication technologies, cybercrime, criminalization, combating crimes in the field of computer information.
Bibliographic list of articles
1. Cerezo, Ana & Lopez, Javier & Patel, Ahmed. (2007). International Cooperation to Fight Transnational Cybercrime. Proceedings – 2nd International Annual Workshop on Digital Forensics and Incident Analysis, WDFIA, 2007. – Р. 13-27. 10.1109/WDFIA.2007.
2. P. Arnell. Prosecution of Cybercrime – Why Transnational and Extraterritorial Jurisdiction Should be Resisted // International Review of Law, Computers and Technology. – 2023. – Vol. 37. Issue 1. – P. 29-51.
3. Buz S. I. Cybercrime: Concepts, Essence and General Characteristics // Jurist-Pravoved. – 2019. – No. 4 (91). – P. 78-82.
4. International Telecommunication Union (ITU). (2012). Understanding cybercrime: Phenomena, challenges and legal response. – Pp. 266-280.
5. Makaryan D. V. Information and communication technologies as a factor in international relations: political and legal aspects. Diss. … Cand. political sciences. – M., 2008. – P. 142. @@ Kucherkov I. A. On the concept of “cybercrime” in legislation and scientific doctrine // Legal science. – 2019. – No. 10. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-ponyatii-kiberprestuplenie-v-zakonodatelstve-i-nauchnoy-doktrine (date of access: 31.08.2024).
6. Puchkov D. V. Criminal-legal model of protection of telecommunications from criminal attacks: problems of theory and practice. Abstract of dis. … Doctor of Law. – Ekaterinburg, 2022. – P. 12.
INTERNATIONAL LAW
NABIULLIN Bulat Yurjevich
postgraduate student of the Kazan (Privolzhie) Federal University
WORLD EXPERIENCE IN THE USE OF RESEARCH AND ANALYTICAL CENTERS IN THE FIELD OF INTELLECTUAL PROPERTY AND ITS APPLICATION ON THE TERRITORY OF THE EAEU
The article considers the issues of ensuring effective legal support for the development of the sphere of protection and protection of intellectual property in the EAEU. The work contains a deep analysis of various aspects of interaction between the scientific community and the EAEU states in the field of protection and protection of intellectual property. Various types of research and analytical centers, their functionality and interaction with states are given. It is emphasized that in the light of the development and successful practice of applying research and analytical centers in the world in order to develop the field of intellectual property, a similar practice can be introduced at the level of the EAEU. Trends in the application of existing networks of higher educational institutions of the EAEU in the analytical activities of the Union are shown. Options for the development of the use of higher educational institutions of the EAEU in order to develop measures to ensure the protection and protection of intellectual property are described. The work proposes to concentrate on two types of research and analytical centers in the EAEU – an external consulting “hub” and a consulting body under the EAEU bodies. Characteristics and operation options of each type are given.
Keywords: intellectual property, parallel importing, EAEU.
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11. SHamahov V. A., Vovenda A. V., Koryagin P. A. Main management of the activities of expert-analytical centers (Think tanks) of state partners in EAES // Management consultation. 2016. Pp. 15-24.
12. Challenges facing sports event organisers in the digital environment // European Parliament: [Site]. [Electronic resource]. – Access mode: https://www.europarl.europa.eu/thinktank/en/document/EPRS_STU(2020)654205 (date of access: 07.25.2024).
13. Compulsory licensing of patents for crisis management // European Parliament: [Site]. [Electronic resource]. – Access mode: https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2024)757634 (date of access: 07/25/2024).
14. European Parliamentary Research Service // European Parliament: [Site]. [Electronic resource]. – Access mode: https://www.europarl.europa.eu/at-your-service/en/stay-informed/research-and-analysis (date of access: 07/25/2024).
15. Georgia Intellectual Property Alliance // GIPA: [Site]. [Electronic resource]. – Access mode: https://www.gaipalliance.org/ (date of access: 07.20.2024).
16. Gladun E. Forum of political parties, think tanks and non-governmental organizations of the BRICS group // BRICS Law Journal. 2017. No. 4 (3). pp. 136-145.
17. Inspire, Debate, Engage and Accelerate Action // European Commission: [Site]. [Electronic resource]. – Access mode: https://commission.europa.eu/about-european-commission/departments-and-executive-agencies/inspire-debate-engage-and-accelerate-action_en (date of access: 07.25.2024).
18. Intellectual Property for Fostering Innovation in the Arab Region // UNESCWA: [Site]. [Electronic resource]. – Access mode: https://www.unescwa.org/sites/default/files/pubs/pdf/intellectual-property-innovation-arab-region-english.pdf (date of access: 07.20.2024).
19. Interpat // Interpat: [Site]. [Electronic resource]. – Access mode: https://www.interpat.org/ (date of access: 07.20.2024).
20. The Vector Institute // Vector Institute: [Site]. [Electronic resource]. – Access mode: https://vectorinstitute.ai/ (date of access: 07.20.2024).
INTERNATIONAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 4th year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
MAKHONIN Danila Dmitrievich
student of the 4th year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
USACHEV Alexander Sergeevich
student of the 1st year of the master’s degree in the field of training M6124-40.04.01 usdop “Legal support of the activities of public authorities and representation in court” of the Law School of the Far Eastern Federal University, Vladivostok
PROTECTION OF WOMEN’S RIGHTS IN INTERNATIONALLAW: NORMATIVE REGULATION
The article analyzes the institutional and legal mechanisms for the protection of women’s rights under international law. Examining the historical development of women’s rights from the first feminist movements to modern international agreements such as the Convention on the Political Rights of Women, the Convention on the Elimination of All Forms of Discrimination against Women, etc. The article analyzes the existing problems and challenges faced by women today, including domestic violence, discrimination in the labor sphere and limited access to education and health care. The article analyzes the existing problems and challenges faced by women today, including domestic violence, discrimination in the workplace and limited access to education and health care. It concludes by emphasizing the need for a comprehensive approach to the protection of women’s rights, including strengthening law enforcement mechanisms, maintaining public awareness and involving women in decision-making. The study aims to broaden understanding of the importance of protecting women’s rights as an integral part of human rights and the sustainable development of societies in a global context.
Keywords: protection of women’s rights, gender equality, discrimination, domestic violence, human rights, international conventions.
Article bibliography
1. Convention on the Political Rights of Women (adopted by resolution 640 (VII) of the General Assembly of 20 December 1952). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/women_politrights.shtml (date of access: 02.09.2024).
2. Convention on Consent to Marriage, Minimum Age for Marriage and registration of marriages (opened for signature and ratification by General Assembly resolution 1763 A (XVII) of 7 November 1962). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/ conmarr.shtml (date accessed: 02.09.2024).
3. Convention on the Elimination of All Forms of Discrimination against Women (adopted by General Assembly resolution 34/180 of 18 December 1979). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/cedaw.shtml (date of access: 02.09.2024).
4. Federal Law “On Ratification of the Optional Protocol to the Convention on the Elimination of all forms of discrimination against women” of 19.06.2004 N 52-FZ;
5. Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará). [Electronic resource]. – Access mode: http://www.oas.org/en/mesecvi/docs/BelemDoPara-ENGLISH.pdf (date of access: 02.09.2024).
6. World Health Organization: article “Violence against women” from 03/09/2021. [Electronic resource]. – Access mode: https://www.who.int/ru/news-room/fact-sheets/detail/violence-against-women (date of access: 02.09.2024).
7. World Health Organization: article “COVID-19 and violence against women” from 04/07/2020. [Electronic resource]. – Access mode: https://iris.who.int/bitstream/handle/10665/331699/WHO-SRH-20.04-rus. pdf?ua=1 (date accessed: 02.09.2024).
8. Rbc.ru: article “Kazakhstan adopted a law on criminalization of domestic violence” dated 11.04.2024. [Electronic resource]. – Access mode: https://www.rbc.ru/society/11/04/2024/661811889a7947b9e4545dcf (date of access: 02.09.2024).
9. Office of the High Commissioner for Human Rights in cooperation with the International Bar Association. The most important regional documents on human rights and mechanisms for their implementation // Human Rights in the Administration of Justice: A Handbook on Human Rights for Judges, Prosecutors and Lawyers. 2003. P. 90-138.
10. Ibragimov A. M., Khadisova R. . G. International protection of women’s rights at the present stage // Civil service and personnel. 2019. No. 1. P. 41-43.
INTERNATIONAL LAW
GRUSHIN Yuriy Olegovich
postgraduate student of the 2nd course of Integration and European sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PRELIMINARY ANALYSIS OF THE EUROPEAN DIGITAL INFRASTRUCTURE CONSORTIA (EDIC)
This study provides a preliminary analysis of the European Digital Infrastructure Consortia (EDIC) mechanism, introduced into European Union law in 2022. EDIC is a legal entity for bringing together public and private partners to implement innovative digital technologies. Currently, three EDICs have been established: in the areas of linguistics, “smart city” and blockchain; they appear to be still in their infancy. Further observation of EDIC activities is required, as the European experience can be adapted for the purposes of interstate associations, in which Russia is a member.
Keywords: digital consortium, EDIC, EuropeanUnion, digitalization.
Article bibliography
1. Ignatov A. A. Digital economy in BRICS: prospects for multilateral cooperation // Bulletin of international organizations. – 2020. – Vol. 15. No. 1. – Pp. 31-62 (in Russian and English).
2. Myasnikovich M. V., Kovalev V. S. New pages of integration in the Eurasian Economic Union // Russia in global politics. – 2023. – T. 21. No. 2. – P. 207-218.
INTERNATIONAL LAW
EVDOKIMOVA Anastasiya Alexandrovna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE IMPACT OF UNILATERAL COERCIVE MEASURES ON THE IMPLEMENTATION OF INTERNATIONAL LEGAL OBLIGATIONS TO PROTECT HUMAN RIGHTS
The article focuses on the problems concerning the consequences of the application of unilateral coercive measures in the context of the implementation of international legal obligations of States to ensure respect for and protection of human rights and freedoms. Considerable attention has been paid to the study of the practice of international organizations and bodies in the field under consideration; the analysis of international legal acts and doctrines in this sphere; approaches are being established and proposed to resolve the identified problems.
Keywords: unilateral coercive measures, international protection of human rights, the principle of protection of human rights and freedoms, responsibility, peremptory norms, international law.
Article bibliography
1. Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Idriss Jazairy, of 26 July 2017. A/HRC/36/44. [Electronic resource]. – Access mode: https://documents.un.org/doc/undoc/gen/g17/224/30/pdf/g1722430.pdf?token=DxhTz12UmcBDSyQHhd&fe=true.
2. Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights “The negative impact of unilateral coercive measures on the enjoyment of human rights” of 17 July 2018. A/73/175. [Electronic resource]. – Access mode: https://documents.un.org/doc/undoc/gen/n18/227/38/pdf/n1822738.pdf?token=pEV7JibeeUlHfKCrbm&fe=true.
3. Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights “Targets of unilateral coercive measures: concept, categories and vulnerable groups” of 13 September 2021. A/76/174/Rev.1. [Electronic resource]. – Access mode: https://documents.un.org/doc/undoc/gen/n21/245/78/pdf/n2124578.pdf?token=r3ge4zTx9VBWKwO2kq&fe=true.
4. Abashidze A.Kh. The negative impact of unilateral coercive measures on human rights, development, cooperation, international relations // Bulletin of RUDN. Series: Legal Sciences. – 2015. – No. 1. – P. 64-69.
INTERNATIONAL LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technologies
INTERNATIONAL LEGAL PROTECTION OF THE MARINE ENVIRONMENT AND BIOLOGICAL WATER RESOURCES FROM POLLUTION
The article reviews international legal foundations, institutions and mechanisms for the implementation of measures to bring those responsible for pollution of the marine environment and causing other harm to aquatic biological resources to international legal responsibility. As a result of a comprehensive study of the international legal framework in this area, the authors conclude that there is a lack of systematic legal regulation of the procedure for assessing the admissibility of claims for recognizing harm as necessary for compensation and criteria for assessing harm caused to the marine environment. In the course of the research, the authors came to the conclusion that today the aspects of international legal protection of the marine environment and biological water resources from pollution of various kinds are quite incomplete and are mostly settled only formally, while when deciding on the actual involvement of those responsible for causing harm to the marine environment, the international community and the affected parties are faced with the problem of the actual implementation of international law in practice.
Keywords: environmental offense, international legal liability, marine environment, aquatic biological resources, oil pollution, international legal protection, economic activity.
Article bibliography
1. Landrigan P. J., Stegeman J., Fleming L., Allemand D., Anderson D., Backer L. et al. (2020) Human health and ocean pollution // Annals of Global Health. – 2020. – No. 86. – Pp. 1-64.
2. Yakimov A. V. Marine pollution by ship waste during pollock fishing // National (All-Russian) scientific and practical conference “Natural resources, their current state, protection, commercial and technical use”, (XIII). – 2022. – P. 213-216.
3. Vereina L. V. Regime of international legal liability for pollution of the marine environment from ships // Moscow Journal of International Law. – 2022. – No. 4. – P. 68-76.
4. Responsibility in international law. – 2nd ed., reprinted – Moscow: Statut, 2014. – 224 p.
INTERNATIONAL LAW
PARAMUZOVA Olga Gennadjevna
Ph.D. in Law, Associate Professor, Associate Professor of International and humanitarian law sub-faculty of the Northwestern Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
BOVA Evelina Igorevna
student of the Faculty of Law of the Northwestern Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
POLITICAL AND LEGAL DISCOURSE ON THE INEFFECTIVENESS OF THE INTERNATIONAL LEGAL MECHANISM FOR THE PROTECTION OF CULTURAL PROPERTY
This article is devoted to the study of political and legal problems of protection of cultural values both in armed conflicts and in peacetime. By analyzing the existing sources in this area of legal regulation, the fact of insufficiently high efficiency of the international legal mechanism for the protection of cultural values in the current geopolitical reality is determined. Based on the conducted research, the authors conclude that the aggravation of international political problems creates the need to modernize the source base and carry out new codification work in relation to objects of universal cultural heritage in general.
Keywords: cultural values, common heritage of mankind, cultural heritage, armed conflicts, protection of cultural property in peacetime, mechanism of international legal regulation, orderliness of international relations.
Article bibliographic list
1. Challenges in the Protection of Immovable Tangible Cultural Heritage in Kosovo // OSCE. 2014. 10. Distinctive Marking of Cultural Property Rules and Practices // UNESCO / Blue Shield International. 2021.
2. Anisimov I. O., Gulyaeva E. E., Dadashov M. N. O. Formation and development of international legal protection of cultural values // Bulletin of international scientists. – 2022. – No. 1 (19). – P. 142-158.
3. Shamanaev AV Loss of cultural monuments during the Crimean War // Bulletin of the Ural Federal University. Series 2. Humanities. – 2013. – Vol. 15. No. 3 (17). – P. 265-273. [Electronic resource]. – Access mode: https://journals.urfu.ru/index.php/Izvestia2/article/view/1591 (date of access: 14.03.2024).
4. Lipnikov AS International legal regulation of the protection of cultural property during an armed conflict // Moscow Journal of International Law. – 1999. – No. 2. – P. 291-300. [Electronic resource]. – Access mode: https://www.mjil.ru/jour/article/view/1660/1560 (date of access: 14.03.2024).
5. Dutli M. T. Legal norms in the field of protection of cultural values in the event of an armed conflict // 75 years of the Roerich Pact. – 2010. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru. 5.; Rybak K.E. Neutrality of cultural values and cultural institutions (the Roerich Pact: history and destinies) // Journal of the Heritage Institute. – 2017. – No. 2. [Electronic resource]. – Access mode: http://manage.nasledie-journal.ru.
6. Kozyakova L. D. Analysis of the Convention concerning the Protection of the World Cultural and Natural Heritage // Consolidation of intellectual resources as a foundation for the development of modern science: collection of articles of the IV International scientific and practical conference, Petrozavodsk, May 06, 2021. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya Irina Igorevna), 2021. – P. 12-15. – EDN WUDGOM @@ Beselman I. V. UNESCO Convention of 17.10.2003 – a fundamental international legal document for the protection of intangible cultural heritage // Ocean management. – 2023. – No. 1 (19).
7. Protection of Cultural Property Military Manual // UNESCO. – 2016
8. Yastrebova A. Yu. Certain approaches to the system of special principles of international humanitarian law: content and evolutioniya // Moscow Journal of International Law. – 2022. – No. 3. – P. 6-12.
9. Puzyreva Yu. V. International legal protection of cultural property in peacetime and wartime. – NIC INFRA-M, 2024.
INTERNATIONAL LAW
LIU Yuan
Ph.D. of the Faculty of International Relations, Political Issues of International Relations of Global and Regional Development of the Belarusian State University
“SOFT POWER” OF THE PRC IN NORTH AFRICA: COOPERATION IN THE SPHERES OF EDUCATION AND CULTURE
This study explores the strategic application of China’s “soft power” in North African nations, particularly focusing on the sectors of education and culture. The research delves into the various initiatives undertaken by the People’s Republic of China (PRC), including the establishment of Confucius Institutes, the provision of educational scholarships, and the promotion of cultural exchanges aimed at enhancing mutual understanding and collaboration. It analyzes how these endeavors fit within the broader framework of China’s global diplomacy and regional influence aspirations. Additionally, the effectiveness of these initiatives in strengthening China’s geopolitical stance in North Africa is critically assessed, with particular attention to the adaptability of Chinese cultural offerings to the diverse socio-political landscape of the region. This paper aims to provide a nuanced understanding of the impact of educational and cultural engagement as pivotal elements of China’s “soft power” strategy in North Africa.
Keywords: North Africa, China’s “soft power”, educational diplomacy, Confucius Institutes, cultural exchange, geopolitical influence, China-Africa relations.
Article bibliography
1. Nye Joseph S. Soft power: a way to achieve success in world politics // Public Affairs. – 2004. – P. 31, 8.
2. Kenneth K. China’s aid and ‘soft power’ in Africa: the case of education and training // James Currey. – 2013. – P. 50, 110.
3. Deitch T. L. China’s “soft power” in Africa: cooperation in the spheres of education and culture // Vestn. Mosk. state lingv. univ. Series of general sciences. – 2017. – No. 4 (788). – P. 44-56.
4. Deitch T. L. China in Africa: “neocolonialism” or “win-win” strategy? // Contours of global transformations: politics, economics, law. – 2018. – V. 11. – No. 5. – P. 119-141.
5. Forum on China-Africa Cooperation Dakar Action Plan (2022-2024). [Electronic resource]. – Access mode: http://www.focac.org/eng/zywx_1/zywj/202201/t20220124_10632444.html.
INTERNATIONAL LAW
MONAKHOV German Dmitrievich
magister student of the 1st course of the Oriental Institute School of Regional and International Studies of the Far Eastern Federal University, Vladivostok
USHAKOV Roman Radionovich
student of the 1st course of the Law School of the Far Eastern Federal University, Vladivostok
CHINA’S NORMATIVE POWER IN PROMOTING ITS UNDERSTANDING OF HUMAN RIGHTS
In this article, the authors touched upon the problem of China’s promotion of its own understanding of human rights. The origins of the Chinese concept of human rights can be found in ancient Confucian ideas and ideas about China as a “Celestial Empire” and a “Middle State”. The authors determined that the Chinese concept of human rights does not run counter to international law, but defines other accents in the priorities between individual and collective human rights in favor of the latter, which differs from the liberal approach to human rights. The authors also analyzed how China promotes its understanding of human rights. An important role in this direction of Chinese foreign policy is played by normative force, which can be defined as the ability of a state to convince other states to adopt certain standards of behavior, including in the form of legal norms. China’s main strategy in promoting its norms in the countries of the Global South is the socialization of political elites, which can be defined as the process by which principled ideas held by individuals become norms in the sense of a collective understanding of proper behavior.
Keywords: normative force, human rights, socialization of elites, transnational legal process, Chinese concept of human rights, human rights in Africa, collective human rights, changing the international order.
Article bibliography
1. Kozinets A. I. Unconventional approaches to the theory of international relations: comparative experience of Chinese and Indian experience: dis. … cand. political sciences: 23.00.04. – Vladivostok. – 2018. – P. 27.
2. Nechay A. A. The Role of China’s “Five Principles of Peaceful Coexistence” in Establishing a Multipolar World Order // EurasianRussian integration: economics, law, politics. – 2023. – P. 139-146.
3. Diversity of Civilization and Development of the World Human Rights Cause. Summary of “2019 South-South Human Rights Forum”. July 1, 2020. – [Electronic resource]. – Access mode: https://perma.cc/4AC8-HTHG.
4. French H. W. China’s second continent. How a million migrants are building a new empire in Africa // Alfred A. Knopf. – 2014.
5. Ginsburg T. Authoritarian International Law // The American Society of International Law. – 2020. – P. 221-260.
6. Guyuan C. China’s traditional worldview made it difficult for the Chinese to comprehend the multi-state system of the Western world // International Law in the Spring and Autumn Period. – 1937. – P. 196-219.
7. Hamilton D. S. The United States: A normative power? Who is a normative foreign policy actor? The European Union and its global partners // Center for European Policy Studies. – 2008. – P. 76-155.
8. Kavalski E. Normative power Europe and normative power China compared: Towards a relational knowledge-production in international relations // Korean Political Science Review. – 2017. – No. 51 (6). – pp. 147-170.
9. Koh K. The 1994 Roscoe Pound Lecture: Transnational Legal Process // Nevraska Law Review. – 1996. – Vol. 75. Iss. 1. – pp. 181-207.
10. Krasner S. Structural Causes and Regime Consequences: Regimes as Intervening Variables // International Organization: MIT Press. – Vol. 36. – No. 2. – P. 185-205.
11. Manners I. Normative power Europe: A contradiction in terms? Journal of Common Market Studies. – 2001. – No. 40 (2). – pp. 235-258.
12. Mueller S. Konzeptionen der Menschenrechte im China des 20 Jahrhunderts // Mitteilungen des Instituts für Asienkunde. – 1997. – P. 274.
13. Ngang C. Radical transformation and a reading of the right to development in the South African constitutional order // South African Journal on Human Rights. – 2019. – Vol. 35. – Iss. 1.
14. Taylor I. The Forum on China-Africa Cooperation (FOCAC) // Routledge. – 2011. – P. 138.
15. Tiwald J. Confucianism and human rights. T. Cushman // Handbook of Human Rights. Routledge. – 2011.
16. Tsvyk A. V., Tsvyk G. I. China’s human rights concept and its international promotion // RUDN Journal of Sociology. – 2019. – Vol. No. 1. – pp. 20-30.
17. Tudoroiu T. Normative Power China, Subnational Agency, and Structural Factors in the Global South. China in the Global South, Springer. – 2022. – P. 259-286.
18. Weatherley R. The Discourse of Human Rights in China: Historical and Ideological Perspectives. – New York: St. Martin’s Press. – 1999.
19. Weiming T. Confucianism and Human Rights. – New York: Columbia University Press. – 1998.
INTERNATIONAL LAW
SECHIN Daniil Sergeevich
postgraduate student of the St. Petersburg State University
THE CRISIS OF THE IDEA OF EQUALITY IN MODERN INTERNATIONAL LAW
The article analyzes the current state of the principle of equality in international law. The equality of states is a fundamental principle of international law, which is integrated into its structure and is specific to the relationship between states. This principle is reflected in the UN Charter and other documents, including the 1970 Declaration on Principles of International Law. Based on a critical approach to law, the concept of sovereignty underlying the concept of sovereign equality is examined. The practice of applying the concept of sovereign equality in legal discourse is explored. The principle of equality is isolated for its autonomous study without reference to other principles. The analysis of the positivist perception of the principle of equality leads to the conclusion that it is tautological and lacks an independent moral content. The insubstantiality of this idea, manifested in the absence of criteria for determining which subjects are equal and how they should interact, leads to the consolidation and legitimization of discriminatory practices. This problem is illustrated by the example of various international organizations where states exercise their sovereignty.
Keywords: sovereign equality, principle of equality, principle of international law, critical analysis of law, theory of international law.
Bibliographic list of articles
1. Crawford J. Chance, order, change: the course of international law, general course on public international law. – Brill, 2014. – Vol. 21.
2. Judgment of the Court (Grand Chamber), 18 July 2013. European Commission and Others v Yassin Abdullah Kadi.
3. Koskenniemi M., Kari V. Sovereign equality // The UN Friendly Relations Declaration at 50: An Assessment of the Fundamental Principles of International Law. – Cambridge University Press, 2020. – pp. 166-188.
4. Lucy W. Equality under and before the law // University of Toronto La.w Journal. – 2011. – Vol. 61. No. 3. – Rr. 411-465.
5. Island of Palmas case (Netherlands, USA), 4 April 1928. Report of international arbitral awards. – Vol. II. – Рp. 829-871.
6. Nijman J. E., Werner W. (ed.). Netherlands Yearbook of International Law 2012: Legal Equality and the International Rule of Law-Essays in Honor of PH Kooijmans. Springer Science & Business Media. – 2013. – 266 p.
7. Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom), Preliminary Objections, Judgment, I.C.J. Reports, 1998. – Р. 9.
8. Westen P. The empty idea of equality // Harvard Law Review. – 1982. – pp. 537-596.
9. Glazunova E. N. Theoretical aspects of promoting international development: modern discourse // Bulletin of Moscow University. Series 25. International Relations and World Politics. – 2014. – No. 2. – P. 3-33.
10. Agamben D. Profanations. – M.: Gilea, 2014. – 112 p.
11. Degterev D. A. Assistance to international development: Evolution of international legal regimes and the effectiveness of foreign aid. – M.: URSS, 2016. – 320 p.
12. Tolstykh V. L. Crisis of International Law: Diagnosis // Law. – 2022. – No. 12. – P. 122-133.
13. Fukuyama F. The End of History and the Last Man. – M.: AST , 2015. – 576 p.
INTERNATIONAL LAW
SOFJINA Olesya Alexandrovna
postgraduate student of the St. Petersburg State Maritime Technical University
INTERNATIONAL PUBLIC LEGAL ASPECTS OF REGULATING MARITIME AND ENVIRONMENTAL SAFETY OF MARITIME TRANSPORT BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION UNDER SANCTIONS
The article is devoted to the consideration of the legal application of the sanctions policy regarding maritime transport between the Russian Federation and the Member States of the European Union, which has a significant impact on the economy of both parties. Due to the introduction of sanctions against Russia, many European countries have limited or completely stopped trade with Russian companies. In the article, the author examines the legal aspects of the application of unilateral sanctions and makes proposals that can be considered effective steps to circumvent the sanctions policy and ensure unimpeded maritime trade between Russia and the countries of the European Union. However, for the successful implementation of these proposals, it is necessary to take into account the opinions and interests of all stakeholders.
Keywords: international law, public law, international sanctions, liquefied natural gas, national security, transit maritime transport, ship insurance, shadow fleet.
Article bibliography
1. Gevorgyan K. G. “Unilateral sanctions” and international law. Conclusion of the International Legal Council under the Russian Foreign Ministry // International Life. – 2012. – No. 8. – P. 93-104.
2. The fight against terrorism, sanctions and war. Unilateral coercive measures, IHL and Impartial Humanitarian Action: Interview with Elena Dovgan. – Moscow: International Review of the Red Cross (2021). – No. 916-917. – P. 27-58.
3. Keshner M. V. Economic sanctions in modern international law: monograph. – M.: Prospect, 2015. – P. 181.
4. Romashev Yu. S. Current international legal issues in combating piracy and armed robbery at sea. International maritime law. Articles in memory of A. L. Kolodkin. – M.: Statut, 2014. – P. 312-331.
5 . Starzhenetsky V.V., Butyrina V.A., Kuritsyna K.S. Russian anti-sanction regulation: current state and ways of improvement // Law. – 2021. – No. 3. – P. 119-142
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
RECOGNITION OF AN INTERNATIONAL TREATY AS INVALID AND ITS LEGAL CONSEQUENCES
“International treaties have legal force in accordance with the Vienna Convention of 1969 and the Vienna Convention of 1986.” According to international law, a contract can be valid and binding only if both parties agree to it and the law applies to it. International treaty law occupies an important place in the field of public international law.” International treaties are agreements between States and other entities that follow the norms of international law.
The main goal is to understand and establish the legal nature of the invalidation of contracts. The problems under consideration. One of the most intriguing and difficult topics in this area is whether contracts are legally binding or not. This scientific paper discusses the problems related to the non-enforceability of international agreements. Conclusions. The 1969 Vienna Convention on the Law of Treaties and the 1986 Vienna Convention provide for the principle of presumption of validity of international treaties. This principle assumes that the agreement of the parties participating in an international treaty can be justified solely on the basis of the norms of international law. In accordance with this principle, an international legal act with appropriate formal features is recognized as valid and capable of generating legal consequences in the form of the emergence, modification or termination of the rights and obligations of the participants.
Keywords: international treaty, invalidity, grounds for invalidity, international law, relative invalidity, absolute invalidity.
Bibliographic list of articles
1. ICR. Reports 1959. P. 209 et seq.
2. Martens de. C. Sec. 50. Fiore P. International Law Codified, N.Y., 1918. P. 333.
3. Sandorski J. Op. cit. 1978. P. 132.
4. U.N. Conference on the Law of Treaties. First session .1968. R. 267.
5. Litvinov M. P. Foreign policy of the USSR. M., 1937. P. 35.
6. Litvinov M. P. Foreign policy of the Soviet Union during the Patriotic War. M ., 1946. Vol. II. P. 59.
7. Talalaev A. N. Law of international treaties. Treaties with the participation of international organizations. M., 1989. P. 162.
8. Talalaev A. N. . Law of international treaties. General issues. M., 1980. P. 234.
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10. Hyde C. International Law. M., 1952. T. 4. P. 223.
INTERNATIONAL PRIVATE LAW
BASHILOV Boris Igorevich
Ph.D. in Law, associate professor 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
OLEYNIK Anton Denisovich
magister student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SEPARATE PRINCIPLES OF THE PROCEDURE OF CROSS-BORDER BANKRUPTCY IN THE COUNTRIES OF THE AFRICAN REGION IN THE CONTEXT OF DIGITALIZATION OF LEGAL PROCEEDINGS
Digitalization of Africa has become one of the most important conditions for the eco-nomic development of the region. Modern conditions require states to be open in economic cooperation. Due to economic growth, it is necessary to establish an effective and understandable system for protecting the interests of economic entities. Such a system can be established when establishing the fundamental principles of procedures for protecting interests, including in the case of bankruptcy of economic entities.
In the article, the authors consider the institution of cross-border bankruptcy in conditions of digitalization of the African region, and also propose a declaration of principles for digitalization of cross-border bankruptcy on the basis of theoretical developments.
Keywords: digitalization, countries in the African region, Africa , digital justice, artificial intelligence, judicial proceedings.
Article bibliography
1. Degterev D. A. Ohada – organization for the harmonization of commercial law in Africa // Moscow Journal of International Law. 2005. No. 1. P. 95-106.
2. Kryukov I. S. Improving the Arbitration System in African Countries // Asia and Africa Today. 2019. No. 2. P. 44-48.
3. Vorobyova E. F. Concept, principles and criteria of cross-border bankruptcy // Alley of Science. 2021. No. 11 (62). Volume 1. P. 979-986.
4. Degtyarev D. A. Ohada – an organization for the harmonization of commercial law in Africa // Moscow Journal of International Law. 2005. No. 1. P. 95-106.
5. Adzelu K. A. Cross-border insolvency in OHADA member countries // International law and international organizations. 2012. No. 3. P. 67-70.
6. Palyanova E. V. Transparency in civil proceedings. Correlation of the concepts of transparency, publicity, openness // Magistracy Bulletin. 2014. No. 2 (29).
7. Dudin M. N., Frolova E. E., Artemieva J. A., Rusakova E. P., Gugunskiy D. A. New format of interrelation between the countries of Africa and Russia: problems and perspectives of relations development // Man in India. 2016. Vol. 96. No. 10. P. 3493-3501.
8. Frolova E. E., Zankovsky S. S., Dudin M. N., Zinkovsky S. B., Kirsanov A. N. Studying concepts of the breakthrough economic reforms in selected developed and de-veloping countries and regions of the world: economic and legal aspect // Journal of Advanced Research in Law and Economics. 2018. Vol. 9. No. 4 (34). P. 1236-1242.
INTERNATIONAL PRIVATE LAW
NEKRASOV Ilya Alexandrovich
student of the 4th course of the North-Western branch of the Russian State University of Justice, St. Petersburg
UNIFICATION OF MANDATORY RULES IN PRIVATE INTERNATIONAL LAW
The purpose of the research is to identify the prospects for the unification of mandatory rules in private international law. The research was conducted using formal-logical and problem-theoretical methods, as well as the method of comparative legal analysis. The research revealed that the unification of mandatory rules will eliminate legal uncertainty when including transnational contracts, ensure uniformity of judicial practice and prevent arbitrary interpretation of most norms as mandatory rules. Based on the analysis of the legislation of Russia, China, France, Norway and Germany, it is concluded that there are similarities in approaches to determining the range of mandatory rules and the possibility and expediency of unification is established.
Keywords: mandatory rules, norms of direct application, the legal system of France, the legal system of Norway, the legal system of Germany, the legal system of China, unification.
Article bibliography:
1. Asoskov A. V. Conflict regulation of contractual obligations. – M.: Infotropic Media, 2017. – 640 p.
2. Alimova Ya. O., Viktorova N. N., Dmitrieva G. K. Unification and harmonization in international private law. Theoretical and practical issues. – M.: Norma, 2016. – 208 p.
3. Bogatina Yu. G. The public order clause in private international law: theoretical problems and modern practice. – M.: Statut, 2010. – P. 18.
4. Boguslavsky M. M. Modern international private law in Russia and the European Union. – M.: Norma, 2013. – P. 182
5. Varey-Sommier Pascal P. de, Getman-Pavlova I. V . International and domestic public order in the recognition and enforcement of foreign arbitration awards (law enforcement experience of France and Russia) // Law. Journal of the Higher School of Economics. — 2014. — No. 1. — P. 140-168.
6. Vaskevich V. P. Some issues of law enforcement in disputes related to the implementation of professional activities of an athlete // Bulletin of Civil Procedure. – 2022. – No. 3. – P. 52.
7. Vlasova N. V. Directive on independent commercial agents in the practice of the Court of Justice of the European Union // Journal of Russian Law. – 2015. – No. 3. – P. 131-141.
8. Danilova A. A. Norms of direct application in international private law: dis. … candidate of legal sciences. – M., 2006. – 202 p.
9. Zhiltsov A. N. Applicable law in international commercial arbitration (mandatory norms ): dis. … candidate of legal sciences. – M., 1998. – 250 p.
10. Zasemkova O. F. Super-mandatory norms of international private law: concept, features, practice: dis. … candidate of legal sciences. – M., 2017. – 250 p. .
11. Zasemkova O. F. On the issue of the concept and characteristics of super-mandatory norms of international private law // Problems of Economics and Legal Practice. – 2016. – No. 4. – P. 86-91.
12. Zasemkova O. F. On the issue of the application of super-mandatory norms of international private law by courts // Actual problems of Russian law. – 2014. – No. 10. – P. 2341-2345.
13. Zasemkova O. F. On the influence of excess norms on the validity and enforceability of arbitration and prorogation agreements // Gaps in Russian legislation. – 2016. – No. 7. – P. 103-106.
14. Kanashevsky V. A. International transactions: legal regulation. – M.: International Relations, 2019. – 704 p.
15. Krokhalev S. V. Category of public order in international civil procedure: Abstract of Cand. Sci. (Law) Diss. – Ekb., 2005. – 32 p.
16. Krutiy E. A. Modern codifications of international private law: Cand. Sci. (Law) Diss.– M., 2012. – 236 p.
17. Kudryavtseva E. V., Kurochkin S. A. Violation of public order as a basis for refusal to recognize and enforce arbitration decisions in the EAEU countries // Bulletin of Civil Procedure. – 2023. – No. 5. – P. 225-246.
18. Litarenko N. V. Norms on reduction (clarification) of penalties as super-mandatory norms in international commercial turnover // Actual problems of Russian law. – 2017. – No. 11 . – P. 130-139.
19. Tolstykh V. L. International private law: conflict of laws regulation. – SPb: Press, 2004. – 526 p.
20. Shestakova M. P. On the law applicable in resolving foreign economic disputes. Current issues // International public and private law. – 2023. – No. 3. – P . 15-21.
21. Shulakov A. A. Public order in international private law and problems of interpretation and application of super-mandatory and mandatory norms // Lex Russica. – 2018. – No. 4. – P. 81-97.
22. Fawcett J. J. Evasion of Law and Mandatory Rules in Private International Law // Cambridge Law Journal. – 1990. – Vol. 49. Iss. 1. – P. 44-62.
23. Merkel C., Szabados T. The Application of Overriding Mandatory Rules in Hungarian Private International Law // ELTE Law Journal. –2020. – Iss. 1. – P. 113-124.
24. Moss G.C. Recent Private International Law Codifications: National Report for Norway. [Electronic resource]. – Access mode: https://clck.ru/3Crjux / (date of access: 08/11/2024).
25. Nord N. Ordre Public et Lois de Police. Diss. – Strasbourg, 2003. – P. 28.
26. Mithcell J. To Override, and When; A Comparative Evaluation of the Doctrine of Mandatory Rules in South African Private International Law // South African Law Journal. – 2013. – Vol. 130. Iss. 4. – P. 757-777.
INTERNATIONAL PRIVATE LAW
ZARUBINA Elvira Anatoljevna
postgraduate student of International private law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
DIGITAL PLATFORMS OF DISPUTE RESOLUTION FOR CONSUMER CONTRACTS
Goal of research: purposing and explaining an online mechanism foreign dispute resolution for consumer contracts on the regional level international organizations
Methods used of research: system analysis, the comparative legal method and legal modeling
Results of research: as far of consideration of foreign disputes with consumer in courts have a procedurals (terms of consideration of disputes, recognition and enforcement of foreign judgment) and economics (needed have legal consultation and participation in foreign judicial process) subsequences for consumers. Author of this study consider is necessary of using online platform creates of states in international organizations based on international agreement. Application this alternative means of dispute resolution with states controls for mediators to promotes effectiveness, fairness and fastest resolving of disputes in cyberspaces.
Keywords: consumer, online traders, administrative person, online dispute resolution platform, cyberspace, CIS, EAEU.
Bibliographic list of articles
1. Borisova E. A. Alternative dispute resolution: textbook. – M.: Gorodets, 2019. – P. 67.
2. Cortes P. Online Dispute Resolution for Consumers in the European Union. P. 54 @@ Mercedes M. A., Gonzalez N. M., Feasibility Analysis of Online Dispute Resolution in Developing Countries // Inter-American Law Review. – 2012. – 44 p.
3. Gabov V. A. Online dispute resolution of participants digital platforms (ecosystems) // Bulletin of the Civil Procedure. – 2022. – No. 1 // SPS ConsultantPlus.
4. Vinogradova A. V. European Union Law: Opening of a Platform for Online Dispute Resolution with Consumer Participation (ODRPLATFORM) / / Science Time. – 2016. – No. 6 (30). – P. 66.
5. Rozhkova M. A. On the automation of online arbitration and online settlement of commercial and consumer disputes // E-commerce and related areas ( legal regulation): Collection of articles / Head of the author’s team and responsible ed. Doctor of Law M. A. Rozhkova. – M.: Statut, 2019. – P. 219.
6. Terekhov V. V., Lungu I. Concept and key features of online dispute resolution / / Civil Procedure Bulletin. – 2021. – No. 4 // SPS ConsultantPlus.
7. Thornburg G. E. Fast, cheap, and out of control: Lessons from the ICANN dispute resolution process // The Journal of small & emerging business law . – Vol. 6: 191. 2002. – P. 38.
8. Dyakonova M. O. Alternative methods of dispute resolution with the participation of consumers // Bulletin of civil procedure. – 2020. – No. 6 // SPS ConsultantPlus.
9. United Nations Commission on International Trade Law Working Group III (Online dispute resolution) Thirty-third session New York, 29 February-4 March 2016. – [Electronic resource] . – Access mode: https://documents.un.org/doc/undoc/ltd/v15/089/59/pdf/v1508959.pdf (date of access: 05.06.2024).
10. UNCITRAL Technical Notes on dispute resolution online. – [Electronic resource]. – Access mode: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/ru/17-00384_r_ebook_technical_notes_on_odr.pdf (date of access: 05.06.2024).
11 . 11/ Recommendation of the OECD Council on Consumer Protection in E-commerce. – [Electronic resource]. – Access mode: https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0422 (access date: 06/05/2024).
12. Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR); Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR).
13. ASEAN Guidelines on Online Dispute Resolution (ODR). – [Electronic resource]. – Access mode: https://aseanconsumer.org/file/ODR/ASEAN%20ODR%20Guidelines%20-%20FINAL.pdf (date of access: 06.06.2024).
14. Review of the state of affairs in the field of sweat protectionconsumers in e-commerce, the results of the application by the EAEU countries of the recommendation of the Board of the Eurasian Economic Commission of November 21, 2017, No. 27 “On general approaches to the implementation by the member states of the Eurasian Economic Union of a coordinated policy in the field of consumer protection in the sale of goods (works, services) remotely.” – 2018. – P. 18-19.
15. Protocol decision of the CIS Economic Council “On ensuring consumer rights in the field of e-commerce in the CIS member states” (Together with the “Report …”) (Adopted in Moscow on March 15, 2019) // SPS Consultant Plus.
16. Report of the Advisory Council for the Protection of Consumer Rights of the CIS Member States for 2022. – P. 31. – [Electronic resource]. – Access mode: https://braslav.vitebsk-region.gov.by/uploads/files/2023/O-sposobax.pdf (date accessed: 20.06.2024).
17. Agenda Item 3 a. Report on national and regional implementation of the United Nations guidelines for consumer protection. Intergovernmental Group of Experts on Consumer Law and Policy (IGE Consumer). 2nd SESSION 3-4 July 2017 Room XVII, Palais des Nations, Geneva. – [Electronic resource]. – Access mode: https://unctad.org/system/files/non-official-document/cicplp2nd_c_kca_imp_en.pdf (date accessed: 27.06.2024).
18. Draft Federal Law “On Amendments to the Law of the Russian Federation “On Protection of Consumer Rights” and the Federal Law “On an Alternative Dispute Resolution Procedure with the Participation of an Intermediary (Mediation Procedure)” in terms of creating a legal basis for the development of a system of alternative online dispute resolution mechanisms.
19. In the area of resolving domain disputes in accordance with the UDRP rules, the execution of decisions is carried out by an accredited registrar, by making an entry in the relevant register, with one exception: if legal proceedings are initiated, then enforcement will not take place until the completion of the legal proceedings. See UDRP Rules. – [Electronic resource]. – Access mode: https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en (date of access: 27.06.2024).
20. PayPal Buyer Protection Policy. – [Electronic resource]. – Access mode: https://www.paypalobjects.com/digitalassets/c/website/ua/pdf/DE/en/buyerprotection.pdf?locale.x=en_DE (date of access: 28.06.2024).
21. Ozon User Agreement. – [Electronic resource]. – Access mode: https://docs.ozon.ru/common/otmena-i-vozvrat-zakaza/vozvrat-deneg-i-ballov/?country=RU (date accessed: 28.06.2024).
22. Borisova E. A. Alternative dispute resolution: textbook. – M.: Gorodets, 2019. – P. 67.
23. Cortes P. Online Dispute Resolution for Consumers in the European Union. P. 54 @@ Mercedes M. A., Gonzalez N. M., Feasibility Analysis of Online Dispute Resolution in Developing Countries // Inter-American Law Review. – 2012. – 44.
24. Gabov V. A. Online dispute resolution of participants in digital platforms (ecosystems) // Bulletin of the civil process. – 2022. – No. 1 // SPS ConsultantPlus.
25. Vinogradova AV European Union Law: Opening of a Platform for Online Dispute Resolution with Consumer Participation (ODRPLATFORM) // Science Time. – 2016. – No. 6 (30). – P. 66.
26. Rozhkova MA On the Automation of Online Arbitration and Online Settlement of Commercial and Consumer Disputes // E-commerce and Interrelated Areas (Legal Regulation): Collection of Articles / Head of the Authors’ Col. and Editor-in-Chief, Doctor of Law M. A. Rozhkova. – Moscow: Statut, 2019. – P. 219.
27. Terekhov VV, Lungu I. Concept and Key Features of Online Dispute Resolution // Bulletin of Civil Procedure. – 2021. – No. 4 // SPS ConsultantPlus.
28. Thornburg G. E. Fast, cheap, and out of control: Lessons from the ICANN dispute resolution process // The Journal of small & emerging business law. – Vol. 6: 191. 2002. – P. 38.
29. Dyakonova M. O. Alternative methods of dispute resolution involving consumers // Bulletin of the civil process. – 2020. – No. 6 // SPS ConsultantPlus.
30. United Nations Commission on International Trade Law Working Group III (Online dispute resolution) Thirty-third session New York, 29 February-4 March 2016. – [Electronic resource]. – Access mode: https://documents.un.org/doc/undoc/ltd/v15/089/59/pdf/v1508959.pdf (date of access: 05.06.2024).
31. UNCITRAL Technical Notes on Online Dispute Settlement. – [Electronic resource]. – Access mode: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/ru/17-00384_r_ebook_technical_notes_on_odr.pdf (date of access: 05.06.2024).
32. 11/ Recommendation of the OECD Council on Consumer Protection in E-commerce. – [Electronic resource]. – Access mode: https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0422 (access date: 06/05/2024).
33. Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR); Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR).
34. ASEAN Guidelines on Online Dispute Resolution (ODR). – [Electronic resource]. – Access mode: https://aseanconsumer.org/file/ODR/ASEAN%20ODR%20Guidelines%20-%20FINAL.pdf (date of access: 06.06.2024).
35. Review of the state of affairs in the field of consumer protection in electronic commerce, the results of the application by the EAEU countries of the recommendation of the Board of the Eurasian Economic Commission of November 21, 2017 No. 27 “On general approaches to the implementation by the member states of the Eurasian Economic Union of a coordinated policy in the field of consumer protection in the sale of goods (works, services) remotely” . – 2018. – P. 18-19.
36. Protocol decision of the CIS Economic Council “On ensuring consumer rights in the field of electronic commerce in the CIS member states” (Together with the “Report…”) (Adopted in Moscow 03/15/2019) // SPS Consultant Plus.
37. Report of the Advisory Council for the Protection of Consumer Rights of the CIS Member States for 2022. – P. 31. – [Electronic resource]. – Access mode: https:// braslav.vitebsk-region.gov.by/uploads/files/2023/O-sposobax.pdf (date of access: 20.06.2024).
38. Agenda Item 3 a. Report on national and regional implementation of the United Nations guidelines for consumer protection. Intergovernmental Group of Experts on Consumer Law and Policy (IGE Consumer). 2nd SESSION 3-4 July 2017 Room XVII, Palais des Nations, Geneva. – [Electronic resource]. – Access mode: https://unctad.org/system/files/non-official-document/cicplp2nd_c_kca_imp_en.pdf (date of access : 06/27/2024).
39. Draft Federal Law “On Amendments to the Law of the Russian Federation “On Protection of Consumer Rights” and the Federal Law “On an Alternative Dispute Resolution Procedure with the Participation of an Intermediary (Mediation Procedure)” in terms of creating a legal basis for the development of a system of alternative online dispute resolution mechanisms.
40. In the area of domain dispute resolution under the UDRP, enforcement of decisions is carried out by an accredited registrar by making an entry in the relevant registry, with one exception: if litigation is initiated, then enforcement enforcement will not take place until the completion of the trial. See UDRP Rules. – [Electronic resource]. – Access mode: https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en (date of access: 27.06.2024).
41. PayPal Buyer Protection Policy. – [Electronic resource]. – Access mode: https://www.paypalobjects.com/digitalassets/c/website/ua/pdf/DE/en/buyerprotection.pdf?locale.x =en_DE (date accessed: 28.06.2024).
42. Ozon User Agreement. – [Electronic resource]. – Access mode: https://docs.ozon.ru/common/otmena-i-vozvrat-zakaza/vozvrat-deneg-i-ballov/?country=RU (date of access: 06/28/2024).
LAW OF FOREIGN STATES
ZHIVODROVA Svetlana Anatoljevna
Ph .D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
ANTI-CORRUPTION STANDARDS OF THE UNITED ARAB EMIRATES WHEN PLACING GOVERNMENT ORDERS
The article is devoted to the study of an urgent problem – combating corruption in the UAE, in the process of public procurement. The article analyzes the content of legal norms defining the matrix of delegation of authority, principles, standards for regulating procedures carried out by authorities to ensure procurement, as well as forms of control over the course of their implementation. It is concluded that, despite the small number of regulatory legal acts in the field of public procurement, the country has managed to practically solve the problem of violations of legislation in this area.
Keywords: government order, regulatory legal acts, anti-corruption standards in the field of procurement, criteria for evaluating applications, penalties.
Article bibliography
1. Grin’ko S. D. Combating corruption in public procurement // Civil service and personnel. – 2020. – No. 2. – P. 82-84.
2. Ivanov V. V., Grig I. I . Mechanisms for managing public procurement: monograph. – M.: INFRA-M, 2020. – 207 p.
3. Sheveleva A. V., Aksenova E. V. Organization of international trade in the sphere of supplies to a typical UAE market // Modern problems of foreign economic sphere management: Collection of articles II International Scientific Conferencestudents and postgraduates / All-Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation. Volume Issue 71. – M .: VAVTER, 2020. – P. 301-309.
THEORY OF STATE AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, Head of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ABDULMUTALIMOVA Zamira Magomedovna
Ph.D. in pedagogical sciences, associate professor of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
GASANALIEVA Karavany Magomedramazanovna
competitor of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE CONCEPT AND SPECIFICS OF THE INSTITUTION OF LEGAL RESPONSIBILITY: HISTORICAL AND LEGAL ANALYSIS
The article examines legal responsibility as a legal institution. A feature of the author’s approach is the definition of the institution from a broad perspective, including both positive and negative aspects. It is proved that until the moment of committing a crime, the institution of legal responsibility performs a regulatory function, defining the limits of what is permissible, directing the behavior of subjects of public relations in the right direction.
Keywords: institute of law, subject, direction, public relations.
Article bibliography
1. Rassolov M. M., Gorbunov M. A. Roman law: a textbook for universities. – Moscow: Unity, 2010. – P. 95.
2. Tomsinov V. A. Jurisprudence of Ancient Rus and the Legal Culture of Byzantium // Bulletin of Moscow University. Series 11: Law. – 2009. – № 4. – P. 3.
3. Ivannikov I. A. Legal liability in Russia: problems of theory and practice // Science and education: economy and economics; entrepreneurship; law and management. – 2010. – № 4. – P. 27.
4. Reader on the history of the state and law of Russia / edited by Titov Yu. P. – M.: Prospect, 2008. – P. 19.
5. Chistyakov O. I., Novitskaya T. E., Dyukov L. V. History of the domestic state and law. In 2 parts. Part 1. Textbook. – 5th ed. – M.: Yurait, 2011. – P. 23.
6. General theory of state and law. Academic course in 3 volumes / Ed. prof. M. N. Marchenko. T. 3. – 3rd ed., revised. and additional – M.: IKD Zertsalo-M, 2012. – P. 468.
THEORY OF STATE AND LAW
ZUBKOVA Anastasiya Sergeevna
competitor of Theory of law and state sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ON THE QUESTION OF THE EXISTENCE OF COMPLEX BRANCHES OF LAW IN THE MODERN LEGAL SYSTEM OF RUSSIA
The article addresses the issue of the correctness of the use of the term “complex branches of law”. The author defends the point of view on the substitution of concepts and the incorrect assignment of the status of complex branches of law to complex branches of legislation that currently exists in modern legal literature. The reason for the cited incorrect use of terms, in the author’s opinion, is the lack of a unified and clear understanding among scientists of the difference in the criteria for sectoral differentiation of the legal system and the legislative system.
Keywords: legal system; complex branch of the law; legal element; legal structure; complex legal regulation.
Article bibliography
1. Alekseev S. S. On the theoretical foundations of the classification of branches of Soviet law // Soviet state and law. – 1957. – No. 7.
2. Alekseev S. S. General theoretical problems of the system of Soviet law. – M., 1961.
3. Arzhanov M. A. On the principles of constructing the system of Soviet socialist law // Soviet state and law. – 1939. – No. 3.
4. Arzhanov M. A. Subject and method of legal regulation in connection with the issue of the system of Soviet law // Soviet state and law. – 1940. – No. 8-9.
5. Aslanyan N. P. “Complex branch of law” as a terminological misunderstanding // Modern law. – 2024. – No. 1.
6. Vaipan V. A. Concept and legal nature of digital law // Law and business. – 2024. – No. 2.
7. Ershova I. V. Entrepreneurial law: Textbook for bachelors / Ed. I. V. Ershova and G. D. Otnyukova. – M., 2014.
8. Kechekyan S. F. On the system of Soviet socialist law // Soviet state and law. – 1946. – No. 2.
9. Kovalenko A. Yu. System-forming and system-acquired connections of complex branches of law // Legal world. – 2015. – No. 7.
10. General theory of state and law:Academic course: in 3 volumes / Responsible. editor M. N. Marchenko. – M., 2002.
11. Protasov V. N. What and how regulates the law / textbook. – M., Jurist. – 1995.
12. Radko T. N., Golovina A. A. Modern systemic-legal theory: a new stage of development or a methodological crisis? // State and Law. – No. 2.
13. Reicher V. K. Social and historical types of insurance. – M.-L.: Publishing house of the USSR Academy of Sciences, 1947.
14. Rozhkova M. A. Is digital law a branch of law and should we expect the emergence of a Digital Code? // Business and Law. – 2020. – No. 4.
15. Theory of State and Law: Lecture Course / Ed. by N. I. Matuzov and A. V. Malko. – M., 2004.
16. Theory of State and Law: Textbook / Ed. by A. A. Klishas. – M., 2019.
17. Tikhomirov Yu. A. Management Based on Law. – M., 2007.
18. Tolstoy Yu. K. Civil Law and Civil Legislation // Jurisprudence. – 1998. – No. 2.
19. Tolstoy Yu. K. On the Theoretical Foundations of the Codification of Civil Legislation // Jurisprudence. – 1957. – № 1.
20. Shargorodsky M. D., Ioffe O. S. On the system of Soviet law // Soviet state and law. – 1957. – № 6.
THEORY OF STATE AND LAW
LEDNEV Artur Arturovich
adjunct of the Faculty of Training Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
EXPERIMENTAL LEGAL RELATIONS: FEATURES, CLASSIFICATION AND LEGAL ASPECTS
The article examines the features of experimental legal relations arising on the basis of special legal norms used to verify new legal institutions and procedures. The author analyzes the specifics of such legal relations, their classification by industry affiliation, content, individualization of subjects and legal function. The main attention is paid to the rights and obligations of participants in legal experiments, common to all legal experiments and specific, depending on the content of the experiment. Examples of legal experiments in the areas of partner financing, taxation of professional income and resort fees are discussed.
Keywords: legal experiments, experimental legal relations, subjective rights, legal obligations, partner financing, professional income tax, resort fee, legal regulation, special legal norms, public relations.
Article bibliography
1. Repyev A. G. Legal promises and legitimate expectations as components of the model of general regulatory legal relations // Bulletin of the Saratov State Law Academy. – 2023. – No. 1 (150). – P. 41-53.
2. Alekseev S. S. General Theory of Law: in two volumes. Vol. 2. – M.: Legal Literature, 1982. – P. 82.
3. Repyev A. G. Legal Experiment and Law-Making Experience as Special Models of Legal Regulation: Technique, Practice, Limits // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (97). – P. 44-52.
4. Degtyarev M. V. The Newest Regulatory Technologies and Tools: Regulatory Experiments, Sandboxes, Guillotines, Ecosystems, Platforms / Ed. by D.Sc. (Law), Prof. I.V. Ponkin. – M.: Buki Vedi, 2022. – 424 p.
5. Kuznetsova O. A. Legal experiment as a research method in civilistics // Methodological problems of civilistic research. – 2021. – Vol. 3. No. 3. – Pp. 297-318.
6. Golovina S. Yu., Zaitseva L. V. Electronic personnel document management: from legal experiment to practice // Law enforcement. – 2022. – Vol. 6. No. 2. – Pp. 241-256.
7. Repyev A. G., Senyakin I. N. Expert significance of the experimental norm of Russian law // Legal technique. – 2022. – No. 16. – P. 36-42.
THEORY OF 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
THE PLACE AND ROLE OF THE INSTITUTE OF CIVIL SOCIETY IN THE THEORY OF STATE AND LAW
Civil society originated from Aristotle’s political society and refers to a free and equal society governed by the rule of law, as opposed to the barbaric society of absolute monarchy. During the Enlightenment, civil society added a temporal dimension and became a relatively developed society governed by the rule of law rather than a state of nature. Hegel turns civil society into a structural concept: an organization that satisfies material needs, as opposed to the political state, and is the place where free and equal law is created. Marx and Engels inherited the Hegelian tradition of the dichotomy between civil society and the political state and turned it into the main category of historical materialism – the economic basis. Modern theories of civil society go to two poles: Gramsci’s theory of revolution and Habermas’s theory of establishing rational interaction. Habermas divides Hegel’s civil society into two parts: private and public, thus forming a triadic structure of civil society in the private sphere and civil society in the public sphere, non-governmental organizations and the political state. This new public sphere gives authority to the political state and is an effective institution for the rational interaction of civil society and the political state in the private sphere. Logically speaking, the theory of civil society starts from the scientific concept of social taxonomy, moves to a utopian ethical concept, and then transforms from a utopian ethical concept into a legal and philosophical concept in the sense of analyzing the social structure and returns to society and becomes a practical rational concept that promotes social evolution.
Keywords: civil society, political state, public sphere, civilized society, rule of law.
Bibliographic list of articles
1. Sagatovsky V. N. Civil Society in the Philosophy of Hegel and Marx // Man. State. Globalization. Issue 3 / Collection of philosophical articles. Ed. V. V. Partsvania. – St. Petersburg: St. Petersburg Philosophical Society, 2021. – P. 238-259.
2. Ponomarev V. A. The concept of G.V.F. Hegel on citizenship and civil society / V. A. Ponomarev. – Text: direct // Young scientist. – 2023. – No. 4 (242). – P. 454-456.
3. Hegel G. Philosophy of Law. – M.: Mysl, 2021. – 524 p.
4. Chimarov S. Yu. On the issue of “Principles Law enforcement” by Robert Peel // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (75). – P. 33-34.
5. Yu T., Urtaeva E. B. Prospects and modern trends in the development of the political and economic situation in Russia // Discussion. – 2024. – No. 2 (123). – P. 22-27. – DOI 10.46320/2077-7639-2024-2-123-22-27. – EDN NLMXDM.
THEORY OF STATE AND LAW
KHUDOYKINA Tatyana Viktorovna
Ph.D. in Law, professor, Head of Legal technologies and jurisprudence sub-faculty of the Institute of Law of the N. P. Ogarev National Research Mordovian State University
BUZAKOV Anton Yurjevich
postgraduate student of the 2nd year of the Institute of Law of the N. P. Ogarev National Research Mordovian State University
LEGAL AND COMMUNICATIVE COMPETENCE OF A LAWYER IN THE PROCESS OF RESOLVING FAMILY CONFLICTS (WITH PSYCHOLOGICAL AND PEDAGOGICAL EXAMINATION)
The article examines legal and communicative competence in the context of resolving conflict situations arising in family legal relations involving minors. It reflects the types of legal disputes that cannot be resolved without psychological and pedagogical expertise. It highlights the features of legal and communicative competence of a lawyer in the process of resolving family conflicts. It reveals the interrelations between psychological and pedagogical expertise and communicative competence of a lawyer, which influence the correct choice of a model of professional behavior.
Keywords: legal and communicative competence, psychological and pedagogical examination, family conflict, minor, child’s interests, resolution, dispute.
Article bibliography
1. Volkova V. V. Forensic psychological examination in cases of disputes between parents on issues of upbringing and determining the place of residence of the child: a methodological manual. – SPb: St. Petersburg Institute of Independent Expertise and Assessment, 2022. – 20 p.
2. Usmanova E. F., Khudoykina T. V., Adaeva O. V. Formation and development of legal-communicative competence in the framework of higher legal education // Perspectives of Science and Education. – 2023. – No. 5 (65). – P. 245-258.
THEORY OF STATE AND LAW
SHAMGUNOVA Maryam Ilgizovna
postgraduate student of Civil and business law sub-faculty of the University of Management «TISBI», Kazan; senior lawyer, «Shaymardanov & Sabitov” Law Firm
PROBLEMS OF DISTRIBUTION OF THE BURDEN OF PROOF IN DISPUTES ON BRINGING TO SUBSIDIARY LIABILITY IN CASE OF EXCLUSION OF A COMPANY FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES
Purpose of the study. The article analyzes the chronological progression of development of legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation in the issue of distribution of the burden of proof in disputes on bringing to subsidiary liability of management bodies in case of exclusion of a company from the Unified State Register of Legal Entities. The author analyzes the legal nature of the distribution of the burden of proof, raises issues of procedural inequality of the parties in matters of proof, the role of the court in assisting the applicant in collecting the necessary evidence. Conclusions. The author concludes that since 2020 the issue of distribution of the burden of proof in this category of cases is still key. To date, between the legal positions of the Supreme Court of Russia and the Constitutional Court of Russia there is actually a contradiction in the distribution of the burden of proof in disputes on bringing to subsidiary liability in the exclusion of the company from the Unified State Register of Legal Entities on the basis of paragraph 3.1 of Article 3 of the Law on LLC. Current court practice favors the positions of the Supreme Court of Russia, pointing to the need for the plaintiff to prove all the necessary circumstances in the case. In the author’s opinion, the essential importance for the applicant to obtain a favorable decision on the above disputes is the activity of the court in seeking and obtaining evidence necessary for the applicant to prove the circumstances of unreasonable and/or unfair actions (inaction) of management bodies.
Keywords: registering body, exclusion of a company from the Unified State Register of Legal Entities, administrative procedure, subsidiary liability, burden of proof, corpus delicti, presumption of innocence, unreasonable, bad faith actions, controlling persons, management bodies.
Article bibliography
1. Federal Law of 08.02.1998 No. 14-FZ (as amended on 08.08.2024) “On Limited Liability Companies” // Rossiyskaya Gazeta. – 1998. – February 17.
2. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 30.01.2020 No. 306-ES19-18285 in case No. A65-27181/2018 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cwz95.
3. Federal Law of 08.08.2001 No. 129-FZ (as amended on 08.08.2024) “On state registration of legal entities and individual entrepreneurs” // Rossiyskaya Gazeta. – 2001 . – August 10.
4. Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 08/25/2020 No. 307-ES20-20180 on case No. A21-15124/2018 // Arbitration Case File. – [Electronic resource]. – Mode access: https://clck.ru/3Cwzam.
5. Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated July 17, 2020 No. 302-ES20-8980 // SPS “ConsultantPlus”. – [Electronic resource].– Access mode: https://clck.ru/3Cwzdc.
6. Resolution of the Constitutional Court of the Russian Federation of 05/21/2021 No. 20-P “On the case of verifying the constitutionality of paragraph 3.1 of Article 3 of the Federal Law “On Limited Liability Companies” in connection with the complaint of citizen G. V. Karpuk” // Consultant Plus. – [Electronic resource]. – Access mode: https://clck.ru/3Cwzfx.
7. Resolution of the Arbitration Court of the North-West District dated 20.10 .2023 No. F07-14532/2023 for case No. A56-114971/2022 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cwz№K.
8. Resolution of the Arbitration Court of the North-West District dated 20.01.2023 No. F07-20898/2022 in case No. A56-23402/2022 // SPS ” ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3CwzoY.
9. Resolution of the Arbitration Court of the Far Eastern District dated 11/14/2022 No. F03-4920/2022 in case No. A24-3555/ 2021 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3CwzqJ.
10. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 03.11.2022 No. 305-ES22-11632 in case No. A40-73945/2021 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cwzt6.
11. Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 30.01.2023 No. 307-ES22-18671 on case No. A56-64205/2021 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cx242.
12. Resolution of the Constitutional Court of the Russian Federation dated 07.02.2023 No. 6-P “On the case of verifying the constitutionality of subparagraph 1 of paragraph 12 of Article 61.11 of the Federal Law “On Insolvency (Bankruptcy) )» and paragraph 3.1 of Article 3 of the Federal Law «On Limited Liability Companies» in connection with the complaint of citizen I. I. Pokul» // Consultant Plus. – [Electronic resource]. – Access mode: https://clck.ru/ 3Cx27q.
13. Gurvich M.A. Structure and movement of civil procedural legal relationship // Selected works. – Krasnodar: Council. Kuban, 2006. – V. 2. – P. 96.
14. Kurylev S. V. Legal nature of the burden of proof in legal proceedings // Problems of civil law and procedure.
15. Yudelson K. S. Selected: Soviet notary. The problem of proof in Soviet civil proceedings. – M.: Statut, 2005. – P. 140.
16. Vyshinsky A. Ya. Theory of judicial evidence in Soviet law. – M.: Legal Publishing House of the People’s Commissariat of Justice of the USSR, 1941. – P. 248.
17. Yablochkov T. M. Textbook of Russian civil procedure. 2nd ed., suppl. – Yaroslavl: Book Publishing House of I.K. Gassanov, 1912. – P. 39.
THEORY OF STATE AND LAW
KOLESOV Mikhail Sergeevich
magister student of the Diplomatic Academy of the MIA of Russia
SAMUEL HANGTINGTON’S POLITICAL AND LEGAL IDEAS: ENDURING RELEVANCE
The article reveals the content of Samuel Hangtington’s concept, which became widely known in the 90s of the twentieth century and retains its value at the present time. The controversy surrounding the idea of a clash of civilizations has escalated at the present time, new arguments have emerged against the theory of a conflict of civilizations, as well as new arguments in favor of Hangtington’s reflections on the inevitability of clashes between different religious and cultural areas. The author of the article analyzes the criticisms of the concept of the clash of civilizations, gives his arguments, and also states the significant influence of the American political scientist on the understanding of international relations in the world, on the importance of cultural and civilizational differences as a source of conflict.
Keywords: civilization, religion, culture, peripheral civilizations, globalization.
Bibliographic list of articles
1. Huntington Samuel P. The clash of civilizations and the remaking of world order. – 1996.
2. Huntington Samuel P. The clash of civilizations? // Foreign Affairs. – 1993. – Summer (vol. 72, no. 3). – P. 22-49.
3. Paradigm Lost: Huntington’s Unfulfilled Clash of Civilizations Prediction into the 21st Century // International Politics. – No. 42. – R. 428-457.
4. Russett, B. M.; Oneal, J. R.; Cox, M. “Clash of Civilizations, or Realism and Liberalism Déjà Vu? Some Evidence” // Journal of Peace Research. – 2000. – P. 37, 583-608.
HISTORY OF STATE AND LAW
ARSENJEVA Galina Vitaljevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
KORCHAGINA Irina Vyacheslavovna
Ph.D. in Law, Head of Civil law and legal regulation of innovative activities sub-faculty of the V. N. Tatishchev Astrakhan State University
KHRAMOVA Irina Sergeevna
Ph.D. in Law, associate professor of Civil law and legal regulation of innovative activities sub-faculty of the V. N. Tatishchev Astrakhan State University
RETROSPECTIVE OF DOMESTIC LEGISLATION IN THE FIELD OF SOCIAL PROTECTION OF LARGE FAMILIES
The article is devoted to the review of historical and legal documents that regulated the formation and development of the mechanism of social support for large families. The most significant legal structures on which the system of measures to support large families in different periods of the Russian state was built are presented. The progressive movement of the legislator in the field of expanding the list of instruments of the mechanism of social protection of large families, explained by the demographic policy of the state, is proven.
Keywords: large families, legislation, historical and legal acts, social protection, support measures.
Bibliographic list of articles
1. Decree of the President of the Russian Federation of 23.01.2024 No. 63 “On measures of social support for large families” // Collection of Legislation of the Russian Federation. – 29.01.2024. – No. 5. – Art. 665.
2. Constitution of the RSFSR of 1918 // Collection of Laws of the RSFSR. – 1918. – No. 51. – Art. 582. (the document has ceased to be in force)
3. Labor Code of 1918 // Collection of Laws of the RSFSR. – 1918. – No. 87-88. – Art. 905. (the document has ceased to be in force)
4. Labor Code of 1922 // Collection of Laws of the RSFSR. – 1922. – No. 70. – Art. 70. (document no longer in force)
5. Constitution of the RSFSR of 1924 // Bulletin of the Central Executive Committee, Council of People’s Commissars and Council of Defense of the USSR. – 1924. – No. 2. – Art. 24. (document no longer in force)
6. Constitution of the USSR of 1936 // Bulletin of the Central Executive Committee of the USSR and the All-Russian Central Executive Committee. – No. 283. – 06.12.1936. (document no longer in effect)
7. Resolution of the Central Executive Committee of the USSR No. 65 of June 27, 1936 “On the prohibition of abortions, increasing financial assistance to women in labor, establishing state assistance to large families, expanding the network of maternity hospitals, nurseries and kindergartens, increasing criminal penalties for non-payment of alimony and on certain changes in the legislation on divorces” // Collected Legislation of the USSR. – 1936. – No. 34. – Art. 309. (document no longer in effect)
8. Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944 “On increasing state assistance to pregnant women, mothers with many children and single mothers, strengthening the protection of motherhood and childhood, on establishing the honorary title of “Mother Heroine” andon the awarding of the Order of “Maternal Glory” and the Medal of “Motherhood Medal” // Vedomosti of the Supreme Soviet of the USSR. – 1944. – No. 37. (the document has ceased to be valid)
9. Decree of the Presidium of the Supreme Soviet of the USSR of March 26, 1956. – [Electronic resource]. – Access mode: https://ru.wikisource.org/wiki (date of access: 10.10.2024). (the document has ceased to be valid)
10. Resolution of the Council of Ministers of the USSR of July 26, 1973 No. 530 “On improving the provision of benefits for pregnancy and childbirth and for caring for a sick child” // SP USSR. – 1973. – No. 18. – Art. 102. (document no longer valid)
11. Decree of the Presidium of the Supreme Soviet of the USSR of September 25, 1974 No. 312-IX “On the introduction of benefits for children of low-income families” // Vedomosti of the Supreme Soviet of the USSR. – 1974. – No. 40. – Art. 663. (document no longer valid)
12. Constitution of the USSR of 1977 // Vedomosti of the Supreme Soviet of the USSR. – 1977. – No. 41. – Art. 617. (document no longer valid)
13. Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR of January 22, 1981 No. 235 “On measures to strengthen state assistance to families with children” // SP USSR. – 1981. – No. 13. – Art. 75. (the document has ceased to be valid)
14. Decree of the President of the Russian Federation of 05.05.1992 No. 431 (as amended on 25.02.2003) “On measures of social support for large families // Vedomosti SND and the Supreme Court of the Russian Federation. – 14.05.1992. – No. 19. – Art. 1044. (the document has ceased to be valid)
15. Basov N. F. Development of contempt and assistance to families in pre-revolutionary Russia // Bulletin of the Kostroma State University. – 2015. – Vol. 21. – No. 1. – P. 149-153.
16. Vasenin A. A. Study of the system of social protection of large families and development of proposals for its improvement // Business and Society. – 2024. – No. 1 (41). – P. 1-7.
17. Dolzhenkova E. V., Larina O. G., Baikov V. Yu. Social policy of the Soviet state towards large families in the 1920s-50s: an overview of state and legal regulation measures // In the collection: Social policy: history, modernity, prospects. – 2021. – P. 42.
18. Zakirova S. A. Large family as a socio-legal concept // In the collection: State policy in the field of child protection: status and prospects. – Rostov-on-Don, 2023. – P. 12-17.
19. Kudryashova N. V. Protection of motherhood and childhood in the first post-war years // In the collection: Scientific research of young scientists. – Penza, 2021. – P. 92-94.
20. Nikonova O. V. Social protection of the population: theoretical and conceptual aspects and retrospective of improvement // Social and labor studies. – 2022. – No. 4 (49). – P. 61-72.
21. Sokolenko A. V. The concept of a large family in Russian law // Rostov Scientific Journal. – 2017. – No. 6. – P. 160-165.
22. Sukacheva A. D. Historical aspects of social and legal protection of large families in Russia // In the collection: Modern aspects of economics and management. Novosibirsk. – 2023. – P. 260-264.
23. Tarasova O. E., Artemenko D. A. Social support for large families: historical aspect // In the collection: Protection of human rights: theory and regional practice. – Abakan, 2021. – P. 168-169.
24. Tarusina N. N. Family: value and formal-legal guidelines // Demidov Law Journal. – 2023. – Vol. 13. – P. 364-381.
HISTORY OF THE STATE AND LAW
GARASHCHENKO Alexander Yurjevich
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Nevinnomyssk Institute of Economics, Management and Law
CODIFICATION OF LAW DURING NEP: LEGAL TRANSFORMATIONS AND THEIR CONSEQUENCES
The intensive modernization of the entire legal system of Russia, which is currently taking place, actualizes research related to the transitional state of the state and law, state-legal phenomena. One of the most important components of the legal system of any modern state is the system of legislation in general and codified normative legal acts, in particular. Therefore, an urgent problem is the search for historical foundations of the codification of domestic law, which were most clearly manifested in the 20s of the twentieth century in the process of creating the first codified acts of the new Soviet government. Even greater epistemological potential has the correlation of these processes with the transformations that took place in the Soviet state and society against the background of the New Economic Policy. Using general scientific and special methods of cognition, relying on the historical and formal-legal approach, the authors of the article examine the features of the codification of legal norms regulating inheritance, labor, land, family, civil, criminal-legal relations. The conclusion is formulated that the first Soviet codification is a unique phenomenon, based on the principle of revolutionary and socialist legality, on the one hand, and on some legal principles and legal norms that were in force earlier, in tsarist Russia, on the other.
Keywords: New economic policy, codification of law, Soviet law, revolutionary legal consciousness, socialist legal consciousness, Soviet state and law.
Article bibliography
1. Avramenko O. A. Civil law of the RSFSR during the NEP period: dis. … candidate of legal sciences. – M., 2005. – 330 p.
2. Akhmedova N. A. History of inheritance in Russia // Young scientist. – 2023. – No. 51 (498). – P. 208-212.
3. Bondarenko A. V. The judicial system of the RSFSR under the NEP: dis. … candidate of legal sciences. – M., 2010. – 156 p.
4. Burdanov V. V. Features of the development of the domestic state and law during the new economic policy // Bulletin of the Academy of Law and Management. – 2015. – No. 1 (38). – P. 152-157.
5. Gavrilov K. G. Development of organizational and legal forms of private commercial enterprises during the NEP: dis. … candidate of legal sciences. – Penza, 2005. – 198 p.
6. Garashchenko A. Yu. Formation and development of tax authorities in Russia // Youth and Science: Reality and Future: VIII International Scientific and Practical Conference, Nevinnomyssk, March 03, 2015. Volume 2. – Nevinnomyssk, 2015. – P. 410-413.
7. Grebenshchikova I. V. Codification of criminal law norms of Soviet legislation in the context of the New Economic Policy // Science. Society. State. – 2023. – No. 4 (44). – P. 14-23.
8. Didenko M. S. Revolutionary legal consciousness as a source of Soviet law of the 20s of the twentieth century // Journal of Legal Anthropology and Conflictology. – 2023. – No. 2. – P. 94-102.
9. Kolesnyak E. V. Legal system of the Soviet state during the NEP: historical and legal research: dis. … Cand. of Law. – M., 2009. – 220 p.
10. Kursky D. I. On the paths of development of Soviet law: articles and speeches, 1919-1926. – M.: Legal Publishing House of N.K.Yu. RSFSR, 1927. – 118 p.
11. Lisitsyna E. A. On the Issue of Peculiarities of Legal Regulation of Inheritance in the Context of the New Economic Policy // Bulletin of the South Ural State University. Series: Law. – 2014. – Vol. 14. No. 1. – Pp. 16-22.
12. General Theory of the State: Classical and Modern Issues: Textbook / V. Ya. Lyubashits, A. Yu. Mordovtsev, A. Yu. Mamychev, E. A. Apolsky. – Moscow: Publishing House “Yurlitinform”, 2021. – 712 p.
13. General Theory of Law: Classical and Modern Issues: Textbook / V. Ya. Lyubashits, A. Yu. Mordovtsev, A. Yu. Mamychev, E. A. Apolsky. – M.: Publishing house “Yurlitinform”, 2021. – 456 p.
14. Pashukanis E. B. The main problems of the Marxist theory of law and state // The Soviet state and the revolution of law. – 1931. – No. 1 (January). – P. 11-40.
15. Rogachev A. G. Secret letter of V.I. Lenin of February 20, 1922 to the People’s Commissar of Justice of the RSFSR D.I. Kursky and further modernization of Soviet legal policy in the context of NEPA // Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. – 2024. – No. 1 (31). – P. 203-212.
16. Roshchin B. E. Codification of Russian labor legislation during the period of the new economic policy // Bulletin of the Kostroma State University. – 2013. – V. 19. No. 1. – P. 212-217.
17. Torpudzhiyan A.Kh. Lawmaking under the NEP of 1923-1929 // Legal Science and Education in the 21st Century: Collection of Articles Based on the Results of the International Scientific and Practical Conference (Chelyabinsk, September 9, 2017). – Sterlitamak, 2017. – P. 87-94.
HISTORY OF STATE AND LAW
ZAYTSEVA Yuliya Valerjevna
postgraduate student of History of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE IMPORTANCE OF EDUCATION AS A CONDITION FOR SUSTAINABLE DEVELOPMENT OF THE STATE IN THE WORKS OF WESTERN EUROPEAN AUTHORS OF THE XVII – EARLY XVIII CENTURIES
The article is devoted to the development of the idea of the importance of education as a condition for sustainable development of the state. The author considers the main ideas and concepts developed by scientists and enlighteners in the XVII – early XVIII centuries, which later influenced the transformative processes in the field of education in various countries. Reforming and regulating educational activities is an ongoing process that is influenced by both technological, cultural and historical changes in countries. That is why it is extremely important to know and take into account not only the experience of the past years, but also to identify the most popular ideas proposed by scientists at the moment.
Keywords: educational ideas, Western European enlighteners, the state, Francis Bacon, Rene Descartes, Thomas Hobbes, John Locke, John Toland.
Bibliographic list of articles
1. English materialists of the 18th century. Collection of works in three volumes. T. 1. – M.: Mysl, 1967.
2. Bacon F. New Organon // Bacon F. Works in 2 volumes. T. 2. – M.: Mysl, 1978.
3 . Bacon F. On the Dignity and Increase of Sciences // Bacon F. Works in 2 volumes. Vol. 1. – M.: Mysl, 1971.
4. Hobbes T. Leviathan // Hobbes T. Works in 2 -x t. T. 2. – M.: Mysl, 1991.
5. Hobbes T. Philosophical elements of the doctrine of the citizen // Hobbes T. Works in 2 t. T. 1. – M.: Mysl , 1989.
6. Descartes R. Discourse on method // Descartes R. Works in 2 volumes. Volume 1. – M.: Mysl, 1989.
7. Locke J. Thoughts on education // Locke J. Works in 3 volumes. Volume 3. – M.: Mysl, 1988.
8. Locke J. An Essay Concerning Human Understanding // Locke J. Works in 3 vols. Vol. 1. – M.: Mysl, 1985.
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, 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
STATE-CONFESSIONAL POLICY IN TYVA: BASED ON THE MATERIALS OF THE OFFICE OF AMBYN-NOYON TANNU-URIANHAI IN THE STATE ARCHIVE OF THE REPUBLIC OF TYVA
This publication is the latest in a series prepared by us in the context of the analysis of state-confessional relations in the Siberian region in its broadest sense. The factors that influenced the formation of the religious landscape of Tuva are revealed. The role of religious institutions in attempts to formulate the concept of statehood after leaving the Qing Empire is established. In the agenda of the First All-Tuvan Constituent Congress of the Seven Khoshuuns of Tanu-Tuva, which proclaimed the creation of the Tuvan People’s Republic, among others, the issue of confessional politics was also considered.
Keywords: Siberia, Uriankhai region, Tanu-Tuva, ambyn-noyon, Buddhism in Tuva, “yellow religion”, State Archive of the Republic of Tuva, Office of ambyn-noyon Tannu-Uriankhaya.
Article bibliographic list
1. State Archives of the Republic of Tyva (SA RT). Collection 115: Administration of the Noyons of Tannu-Uryankhai. – Op. 1. – D. 24, 38, 51a, 54, 65, 84, 113, 120, 121, 142, 143, 155, 192, 201, 209, 239, 243, 246, 249, 283a, 291, 302, 318 , 325.
2. History of the city in the center of Asia: a collection of archival documents. 1914-2014 / compiled by T. A. Bondarenko, M. Sh. Kuular, N. M. Mollerov. – Krasnoyarsk: Publishing house “Offset”, 2021. – 612 p., ill.
3. Mongush M. V. Traditional and non-traditional confessions in Tuva: history and modernity // Vostok. – 2007. – No. 1. – P. 16-32.
4. Munge B. V. History of archival affairs in Tuva: socio-philosophical analysis // New studies of Tuva. – 2020. – No. 2. – P. 4 -27.
5. Nedzelyuk T. G. Buddhism in the South of Siberia in the Context of the State-Confessional Policy of the Russian Empire (based on materials from the Russian State Historical Archive) // Eurasian Law Journal. – 2023. – No. 6. – P. 112 -113.
6. Khomushku O. M. Religion in the history of Tuvan culture. – Moscow: Institute of Ethnology and Anthropology, Russian Academy of Sciences, 1998. – 177 p., ill.
7. Chyrgalan S. Yu., Ayyzhy E. V. Buddhist monasteries in Tuva before the beginning of the 20th century // Current issues in the study of ethnoecological and ethnocultural traditionspeoples of Sayano-Altai. – Kyzyl: Publishing House of TyvSU, 2014. – P. 118-119.
HISTORY OF STATE AND LAW
PAVLOV Oleg Vitaljevich
postgraduate student of Theory and history of state and law sub-faculty of the Taganrog Institute of Management and Economics
THE DICHOTOMY OF OWNERSHIP. CIVIL SOCIETY IN THE LEGACY OF THE EMPIRE OF ANCIENT ROME. OBJECTIFICATION OF HISTORY AS A FACTOR OF CONTINUITY OF ANCIENT ROME
This article discusses an important topic of the development of Roman civilization and its influence on the formation of civil society institutions. The main idea of the author is that it was the connection between property rights and civil society that played a key role in the transformation processes from the republic to the empire. Studying the history of ancient Rome, the author emphasizes that the connection between these two aspects was crucial for the development of civilization. It is also important to note that the loss of this connection in the dark ages led to the stagnation of civilization. Protestant ethics, returning to the ancient foundations, contributed to the development of respect for private property and led to the rapid development of European civilization. The author also draws attention to the importance of self-reference and self-regulation of society through changes in the historical process. In general, the article draws attention to the importance of the connection between legal institutions and the formation of civil society on the example of ancient Rome and the influence of this connection on the development of civilization.
Keywords: civil society, Roman Empire, Ancient Rome, European civilization, property, legislative act.
Article bibliography
1. Ogoltsova E. G., Nehring E. S. Theory of self-referential systems of N. Luhmann. Text: direct // Young scientist. – 2022. – No. 50 (445). – P. 461-463. – [Electronic resource]. – Access mode: https://moluch.ru/archive/445/97613/ (date of access: 08/25/2024).
2. Golovin N. A. Luhmann N. The concept of society. Problems of sociological theory // Social and humanitarian sciences. Domestic and foreign literature. – 1996. – No. 3. – P. 25-42.
3. Luhmann N. Introduction to systems theory. – Moscow: Logos, 2007. – 306 p.
4. Matushanskaya Yu. G. Social and philosophical analysis of the theory of systems of Niklas Luhmann theory // Bulletin of KGEU. – 2012. – No. 3 (14). – P. 30-43.
5. Rezaev A. V., Tregubova N. D. Communication and communication in the system theory of Niklas Luhmann // Sociological studies. – 2015. – No. 11. – P. 148-155.
HISTORY OF STATE AND LAW
PATRASH Natalya Vasiljevna
Ph.D. in historical sciences, associate professor of Public law disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
ORGANIZATION OF MEDICAL AND SANITARY PROVISION OF THE GDOV HOUSE OF DETENTION IN THE 1920S.
The article examines the peculiarities of the organization of medical and sanitary provision of the Gdov detention house in the 1920s.; it is concluded that the unfavorable material and living conditions in the detention center were aggravated by the low level of medical care for prisoners, which was expressed in the lack of proper medical personnel, equipment and tools, medicines.
Keywords: Gdov county, detention center, medical and sanitary provision, penitentiary system.
Article bibliography
1. Bykov A. V. Medical and sanitary provision of places of detention in Western Siberia in the 1920s // Bulletin of Omsk University. Series “Historical Sciences”. – 2017. – No. 1 (13). – P. 102-109.
2. State Archives of the Pskov Region (hereinafter – GAPO). – F. R-432. – Op. 2. – D. 10.
3. GAPO. – F. R-432. – Op. 2. – D. 32.
4. Svetlova L. V. From the history of the Gdov prison // Pskov. – 2005. – No. 22. – P. 179-182.
CONSTITUTIONAL LAW
GOGLEVA Kseniya Yurjevna
Ph.D. in Law, Deputy Head of Constitutional and international law sub-faculty of the St. Petersburg University of the MIA of Russia
JUDICIAL CONSTITUTIONAL CONTROL AS A WAY OF THE RESOLUTION OF A PUBLIC LAW CONFLICT
The article deals with the issues of constitutional and legal protection of traditional spiritual and moral symbols of faith as a factor in the successful formation of a stable relationship between an individual and society in a modern Russian legal state. Based on the analysis of the regulatory legal framework, doctrinal sources and empirical material, the author attempts to describe the mechanism and role of public authorities in strengthening and preserving the traditional symbols of faith of the multinational people of the Russian Federation (using the example of the traditional Muslim confessional food – halal cuisine). Special attention is paid to the regulation of the concept of “traditional values” in normative and doctrinal sources, the need for concretization and expansion of the interpretation of this concept is indicated.
Keywords: The Constitution of the Russian Federation, traditional values, symbol of faith, constitutional and legal protection, halal, Islam, Muslim food, religious cuisine, ancestral heritage, national identity, multinational people of the Russian Federation.
Article bibliography
1. Vorobyov V. V. The Symbol of Faith and Its Influence on the Formation of Consciousness in Christianity and Buddhism: A Comparative Analysis // Bulletin of Kalmyk University. – 2024. – No. 1 (61). – P. 123-133.
2. Efimova S. V. Problems of nutrition of believers in the context of a global society // Vesti MANEB in Omsk region. – 2015. – No. 2 (7). – P. 36-38.
3. Zorkin V. D. Constitutional Court of Russia: doctrine and practice. – M .: Norma, 2019. – P. 127.
4. Medvedev D. A. 25 years of the Constitution: balance between freedom and responsibility // Law. – 2008. – No. 12. – P. 8-16.
5. Novikova M. V., Sultaeva N. L., Galitsky V. V. On the issue of the peculiarities of nutrition of adherents of various religious traditions // Service in Russia and abroad. – 2013. – No. 5. – 2013. – P. 96-103. N. Novikova
6. Rudenko V. V. Russian constitutional reform of 2020: transformation of the value system // Leningrad Law Journal. – 2020. – No. 4 (62). – P. 71-82.
7. Chimitdorzhiev Zh. Zh. Religious cuisines: valeological aspect // Far East in the mirror of ethnopolitics: Materials of the All-Russian scientific conference, Khabarovsk, October 25-26, 2019 / Edited by E. N. Spassky, O. A. Rudetsky. – Khabarovsk: Far Eastern State Transport University, 2019. – P. 245-248.
CONSTITUTIONAL LAW
ERMOLAEV Vladislav Olegovich
postgraduate student of Public law of Russia and foreign countries sub-faculty of the Mari State University, Yoshkar-Ola
MIKHEEVA Tatyana Nikolaevna
Ph.D. in Law, professor of Public law of Russia and foreign countries sub-faculty of the Mari State University, Yoshkar-Ola
THE MAIN FORMS OF INTERACTION BETWEEN STATE AUTHORITIES AND LOCAL SELF-GOVERNMENT IN A UNIFIED SYSTEM OF PUBLIC AUTHORITY
The constitutional novelty of a unified system of public authority has necessitated a scientific vision of the forms of interaction between state authorities and local self-government bodies. Today they have not received proper legislative reflection. The authors substantiated and analyzed the peculiarities of some forms of interaction between the levels of public power – coordination, exercising control, granting certain state powers to local self-government bodies. Some shortcomings in their legal regulation, which negatively affect the practical implementation of interaction between municipal and state authorities, have been revealed. The authors substantiated proposals for improving the legislation aimed at more effective cooperative activities in the system of public authority, supplemented by the conceptual apparatus of the institute of interaction.
Keywords: local government, state power, public power, interaction of levels of public power, unified system of public power.
Article bibliography
1. Allayarova E. S. State control over local government bodies // Forum of young scientists. – 2021. – No. 10 (62). – P. 10-20.
2. Barmenkova N. A. Mechanisms of interaction between regional and municipal government bodies / Ed. N. A. Barmenkov, I. V. Bitkin, A. G. Gladyshev. – Moscow: OOO “Nauchny Konsultant”, 2018. – 128 p.
3. Kitaeva V. E. Basic approaches to the forms of interaction of public authorities // Constitutional and municipal law. – 2024. – No. 2. – P. 6-10.
4. Kitaeva V. E. Constitutional and legal foundations for the interaction of state authorities of the constituent entities of the Russian Federation and local government // Bulletin of the Voronezh State University. Series: Law. – 2020. – No. 4 (43). – P. 58-67.
5. Mamleev A. A. On the issue of delegation of powers in the system of public authorities // Juvenis Scientia. – 2017. – No. 1. – P. 27-29.
6. Ostankov D. B. Problems of interaction of state authorities and local government in the Russian Federation // Modern problems of science and education. – 2018. – No. 2. – P. 3-5.
7. Spiridonov A. A. State, municipal and public control: the content and relationship of concepts from the standpoint of constitutional law // Actual problems of Russian law. – 2022. – V. 17. No.5 (138). – P. 33-45.
8. Khabrieva T. Ya., Klishas A. A. Thematic commentary on the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authority.” – Moscow: INFRA-M, 2020. – 240 p.
CONSTITUTIONAL LAW
KOMBAROVA Elena Valerjevna
Ph.D. in Law, associate professor of Professor I. E. Farber and Professor V. T. Kabyshev Constitutional law sub-faculty of the Saratov State Law Academy
CONSTITUTIONAL AND LEGAL MECHANISM OF INTERACTION BETWEEN PUBLIC AUTHORITIES IN RUSSIA
Based on the provisions of the Constitution of the Russian Federation, the doctrine of constitutional law and Russian legislation, the article examines the forms and procedures of interaction between public authorities at the federal level. The vectors of the 2020 constitutional reform are studied in the context of its impact on the fundamental principles of the system of public power. Various aspects of the influence of amendments to the Constitution of the Russian Federation in 1993, supported by citizens in the all-Russian vote, on the principles and process of interaction of public authorities in modern Russia, are analyzed, and possible prospects for improving legislation in this area are identified.
Public power and the mechanism of interaction of public authorities in Russia, as its necessary component, is a complex constitutional and political-legal institution. The provisions of the updated Constitution, which enshrine the constitutional mechanism of interaction between public authorities of Russia, must be used in order to improve the constitutional practice of modern Russia.
Keywords: public power, the system of public authorities, the mechanism of interaction of power, constitutional reform.
Article bibliography
1. Brezhnev O. V. Preliminary constitutional review and its implementation in Russia: problems of theory and practice // Actual problems of Russian law. – 2020. – No. 10. – P. 36-43.
2. Velieva D. S., Presnyakov M. V. Reform of the Constitutional Court of the Russian Federation in 2020: “Who will guard the guards” // Constitutional and municipal law. – 2021. – No. 1. – P. 12-22.
3. Zametina T. V. Constitutional and legal mechanism of public authority in Crimea: problems and development trends // Bulletin of the Saratov University. New series. Series: Economy. Management. Law. – 2017. – Vol. 17. No. 1. – P. 81-90.
4. Zorkin V. D. Letter and spirit of the Constitution // Rossiyskaya Gazeta. – 2018. – January 9. – [Electronic resource]. – Access mode: https://rg.ru/2018/10/09/zorkin-nedostatki-v-konstitucii-mozhno-ustranit-tochechnymi-izmeneniiami.html (date of access: 09/02/2024).
5. Kabyshev V. T. Power, culture and psychology in the system of constitutional relations of Russia: constitutional dimension // Scientific notes of the faculty of law. Issue 16 (26). St. Petersburg: Publishing house of the St. Petersburg state university of economics and finance, 2009. – P. 130-134.
6. Kombarova E. V. Constitutional and legal mechanism for resolving disagreements in the system of public authorities: dis. … Cand. of Law. – Saratov, 2009. – 240 p.
7. Kondrashev A. A. Doctrinal understanding of the place of the head of state in various republican forms of government // Russian Law Journal. – 2020. No. 4 (July-August). – P. 9-20.
8. Pavlov E. Ya. Constitutional and legal mechanism for implementing the foreign policy of the Russian Federation: dis. … Doctor of Law. – M, 2004. – 317 p.
9. Problems of the general theory of law and state / Ed. V. S. Nersesyants. – M., 2023. – 816 p.
10. Postnikov A. E., Bondar N. S., Pomazansky A. E. [et al.] Reform of the organization of public authority: main areas of implementation: monograph / Responsible. ed. A. E. Postnikov, L. V. Andrichenko; Institute of Legislation and Comparative Law under the Government of the Russian Federation. – Moscow: Norma: INFRA-M, 2023. – 200 p.
11. Ukhankin V. V. Constitutional and legal mechanism for ensuring territorial integrity: dis. … Cand. of Law. – M, 2009. – 250 p.
12. Chairman of the State Duma: the new format of “government hours” will allow for more effective problem solving. State Duma of the Federal Assembly of the Russian Federation. – [Electronic resource]. – Access mode: http://duma.gov.ru/news/59995/ (date of access: 09.20.2024).
CONSTITUTIONAL LAW
MAGOMEDOVA Zaripat Achavarayevna
Ph.D. in Law, associate professor of Constitutional and municipal law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE RIGHT TO LIFE IN RUSSIAN CONSTITUTIONAL LAW
The relevance of the topic is dueto the fact that in the circumstances of a difficult situation in the world as a whole, issues of the realization of personal human rights play a huge political and legal role for the state.
The personal rights and freedoms of man and citizen are a fundamental element of the legal status of an individual in a democratic State. The issue of determining the moment of the emergence and termination of the right to life is relevant within the framework of the Russian system of constitutional law, due to the fact that the right to life is an inalienable and personal human right enshrined in the provisions of the Constitution of the Russian Federation. In this work, the author reveals the features of the multicomponent legal category of the constitutional right to life, its place in the system of constitutional rights and the specifics of its functioning.
Keywords: the right to life, personal constitutional rights of man and citizen, guarantees of the constitutional right to life.
Bibliographic list of articles
1. Lebedev S. A. The right to life in Russian constitutional law // Actual problems of humanitarian and natural sciences. – 2010. – No. 5. – P. 22-25.
2. Nevinsky V. V. The human right to a decent life in the system of constitutional values of Russia// Constitutional and municipal law. – 2018. – No. 12. – P. 56-65.
3. Prusenyuk G.V. The right to life in armed conflicts: international legal aspect // The Russian state and society in new historical conditions. The main results of scientific work at the Nizhny Novgorod Institute of Management in 2022. Collection of scientific articles of the scientific and practical conference. – Nizhny Novgorod, 2023. – P. 74-78.
4. Romanovsky G. B. Right to privacy. – M.: MZ-Press, 2001. – 312 p.
5. Fomichenko G. M. Constitutional and legal problems of ensuring the right to life in the Russian Federation in the light of legal standards of the Council of Europe: Diss. … Cand. of Law . sciences. – M.: ProSoft-M., 2013. – P. 44-45.
ADMINISTRATIVE LAW
ALFEROV Sergey Nikolaevich
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University, Simferopol
CURRENT AREAS OF ACTIVITY OF THE PROSECUTOR’S OFFICE FOR THE ENFORCEMENT OF LAWS IN THE ENVIRONMENTAL SPHERE (BASED ON MATERIALS FROM THE REPUBLIC OF CRIMEA)
The article is devoted to the analysis of the current state of prosecutorial supervision over the implementation of environmental legislation in the Republic of Crimea. The work examines the current areas of activity of the prosecutor’s office aimed at ensuring compliance with environmental standards and protecting the environmental rights of citizens. A wide range of issues related to prosecutorial activity in the environmental sphere is considered, including: analysis of the practice of applying prosecutorial response measures to violations of environmental legislation; assessment of the effectiveness of the prosecutor’s office in the field of environmental protection; identification of typical violations of the law.
Particular attention is paid to such current areas as: supervision of compliance with legislation in the field of environmental protection and nature management; in the field of handling production and consumption waste; in the field of forest protection from fires and forest management revealed; in the field of water and air protection.
Based on the study, the author formulates conclusions about the state of environmental safety in the Republic of Crimea and identifies promising areas for improving prosecutorial supervision.
Keywords: prosecutorial supervision, environmental law, the Republic of Crimea, environmental protection, environmental legislation.
Article bibliography
1. Statistical form ON “Supervision of the implementation of laws, observance of human and civil rights and freedoms” // Official website of the Prosecutor’s Office of the Republic of Crimea. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/proc_91/activity/statistics/office/result (date of access: 11.09.2024).
2. Ermachenko S. V. Current issues of prosecutorial supervision for the implementation of legislation in the implementation of the national project “Ecology” // Problems of improving prosecutorial activity and law enforcement practice: a collection of articles based on the materials of the VII scientific and practical round table “Problems of preventing violations of environmental legislation”, Irkutsk, November 27, 2020 – Irkutsk: Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2020. – Issue 9. – P. 55-61.
3. The prosecutor’s office in Crimea identified more than 5 thousand violations of legislation in the field of environmental protection and nature management . [Electronic resource]. – Access mode: https://simferopol.bezformata.com/listnews/prokuratura-v-krimu-viyavila-bolee/113897935/ (date accessed: 11.09.2024).
4. Vinokurov A. Yu. On the issue of supervision of the implementation of laws by state environmental supervision bodies // Problems of improving prosecutorial activity and law enforcement practice: a collection of articles based on the materials of the VII scientific and practical round table “Problems of preventing violations of environmental legislation”, Irkutsk, November 27, 2020. – Irkutsk: Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2020. – Issue. 9. – pp. 12-19.
ADMINISTRATIVE LAW
ANDREEV Boris Serafimovich
senior lecturer of Theory of law, constitutional and administrative law sub-faculty of the Irkutsk National Research Technical University
ABRAMITOV Sergey Anatoljevich
Ph.D. in historical sciences, associate professor, associate professor of Theory of law, constitutional and administrative law sub-faculty of the Irkutsk National Research Technical University
DNEPROVSKAYA Marina Anatoljevna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University
LEGAL INTERESTS IN THE CIVIL SERVICE: ON THE ISSUE OF USE OF THE TERM IN REGIONAL LEGISLATION
The article is devoted to the analysis of the use of the category “legitimate interest” in legislative acts regulating issues of the state civil service when regulating the legal status of a state civil servant of a constituent entity of the Russian Federation. Attention is paid to the consideration of the controversial issue of understanding the concept of “legitimate interest”. The current legislative acts regulating the legal status of a state civil servant of a constituent entity of the Federation are analyzed both at the level of federal legislation and at the level of regional legislation. The authors made an attempt to identify problems in the use of the term “legitimate interests” in relation to the state civil service in these legislative acts.
Keywords: legitimate interest, legal status, state civil servant, legitimate interests in the civil service.
Article bibliography
1. Burmistrova S. A. Legitimate interests, subjective rights and freedoms as legal opportunities: the relationship between structure, content and implementation // State and Law. – 2019. – No. 3. – P. 180-187.
2. Maksimov V. A. On the issue of the relationship between the concepts of “legitimate interest”, “interest protected by law”, “legal interest”, “legal interest” // Pravda i zakon. – 2017. – No. 2. – P. 25-28.
3. Malko AV Subjective right and legitimate interest // News of higher educational institutions. Jurisprudence. – 2000. – No. 3 (230). – P. 30-48.
4. Raskotikov IS Evolution of the concept of “interest” in Russian law // Citizen and law. – 2014. – No. 3. – P. 61-70.
5. Subochev VV Legitimate interests and their role in the legal life of Russian society // Law and management. XXI century. – 2012. – No. 1 (22). – P. 10-17.
6. Tsvetkova EA Category of legitimate interest in legal science // Journal of Russian law. – 2016. – No. 3 (231). – P. 37-46.
7. Chernyshov A. V. On the Formation of the Concept of “Legitimate Interest” in Legal Science // Bulletin of the Saratov State Law Academy. – 2020. – No. 1 (132). – P. 45-50.
8. Shepelev D. V. On Understanding the Category of “Legitimate Interest” // Actual Problems of Russian Law. – 2010. – No. 2 (15). – pp. 42-51.
ADMINISTRATIVE LAW
BUDNIKOVA Anastasiya Borisovna
senior lecturer of Administrative law and administrative activity of the department of internal affairs sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
SELECTED ASPECTS OF LEGAL REGULATION OF ADMINISTRATIVE RESPONSIBILITY FOR ILLEGAL DRUG USE UNDER THE LEGISLATION OF RUSSIA AND THE CIS COUNTRIES
This article provides a comparative legal analysis of the legislation of the CIS member states, the author reveals the features of the normative legal regulation of individual aspects of administrative liability for illegal drug use, including issues of proceedings on administrative offenses. The identified differences in the normative legal regulation are proposed to be considered as areas for improving the legislation on administrative offenses.
Keywords: illegal drug use, administrative liability, proceedings on administrative offenses, administrative investigation.
Article bibliography
1. Anisiforova M. V. Conceptual foundations of administrative and legal regulation of drug trafficking: diss. … Doctor of Law: 5.1.2. – M., 2023. – 665 p.
2. Dugenets A.S., Maslennikov M. Ya. Administrative investigation of administrative offenses conducted by police officers // Scientific portal of the Ministry of Internal Affairs of Russia. – 2010. – No. 3 (11). – P. 3-12.
3. Tsukanov N. N. Model law on narcotic drugs, psychotropic substances and their precursors: significance and ways of improvement // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (36). – P. 65-71.
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
ON THE ISSUE OF ADMINISTRATIVE LIABILITY FOR PETTY HOOLIGANISM AT RAILWAY TRANSPORT FACILITIES
Railway transport is a potential place for crimes to be committed. Administrative liability measures play a special role in regulating order and safety in railway transport. Responsibility for petty hooliganism at transport facilities, including railways, is provided for in Article 20.1 of the Code of Administrative Offenses of the Russian Federation.
Due to the specifics of transport itself, a large flow of passengers, various conflict situations may arise, which are expressed in disrespect for other people or a specific person, addressing them with obscene language, offensive behavior, destruction or damage to other people’s property, arising in connection with increased psycho-emotional condition, misunderstanding, hostility or using other motives. Administrative liability measures are an important tool in the mechanism for ensuring public order and public safety in railway transport.
Keywords: administrative offense, administrative liability, petty hooliganism, railway transport, protocol, obscene language, guilty person.
Bibliographic list of articles
1. Kurakin A. V. On the concept and meaning of administrative responsibility in Russian law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 6. – P. 208.
2. Baranov A. N. Linguistic examination of the text. – M .: FLINTA; Science, 2007. – P. 34.
3. Kanunnikova N. G. On the legal characteristics of the objective side of petty hooliganism // Administrative law and process. – 2017. – No. 5. – P. 34.
4. Yakimov A. Yu. Strengthening the role of punishments in administrative-tort law (changes that have occurred and existing problems) // Administrative law and process, – 2019. – No. 10. – P. 45.
5. Zorkin V. E. Public morality as a generic feature of petty hooliganism // Administrative law and process. – 2019. – No. 4. – P. 44-47.
6. Olshevskaya A. V., Popovich O. M. On the issue of subjective features of administrative offenses that infringe on public order and public safety // Actual problems of administrative law and process, – 2019. – No. 4. – P. 41.
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
BILOKON Viktor Petrovich
senior lecturer of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
PREVENTION OF THE INVOLVEMENT OF MINORS IN DESTRUCTIVE, INCLUDING EXTREMIST ACTIVITIES
A number of criminologists and law enforcement officials consider criminal acts committed in the field under study to be the most significant and dangerous crimes that require urgent attention and the use of new methods in preventive and preventive activities. Social injustice in the distribution of material goods within society causes a kind of discomfort in a number of regions of Russia among the most vulnerable segments of the population, which in turn negatively affects the still unformed legal worldview of minors who are influenced by a criminal element trying to involve the latter in illegal, including extremist activities.
Keywords: causes and conditions, minors, destructive activity, extremism, police officers, crime, administrative offense.
Article bibliography
1. Vakulenko N.A., Achkasova M.G. Actual statistical and criminological parameters of modern domestic crime // Jurist-Pravoved. 2022. No. 2 (101). P. 90.
2. Criminology: Textbook for Universities / Ed. by prof. Malkov V.D. 4th ed., revised and enlarged. Moscow: ZAO “Yustitsinform”, 2011. Page 56.
3. Criminology / Ed. by Kudryavtsev V.N., Eminov V.E. 2nd ed. Moscow: Yurist, 1997. Page 76.
4. Federal Law of 23.06.2016 No. 182-FZ “On the Fundamentals of the Crime Prevention System in the Russian Federation” [Electronic resource] // Access from the reference – legal system “Garant”.
5. Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) [Electronic resource] // Access from the reference. -legal system “Garant”.
6. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Delinquency of Minors” [Electronic resource] // Access from the reference -legal system “Garant”.
7. Federal Law of February 7, 2011 No. 3-FZ “On the Police”. [Electronic resource] // Access from the reference -legal system “Garant”.
8. Universal Declaration of Human Rights (adopted by the UN General Assembly on 12/10/1948) [Electronic resource] // Access from the reference. -legal system “Garant”.
ADMINISTRATIVE LAW
MAKSIMOV Sergey Nikolaevich
Ph.D. Law, professor, professor of Jurisprudence sub-faculty of the Sevastopol Institute of Economics and Humanities, branch of the V. I. Vernadsky Crimean Federal University
THE SPECIFICITY OF APPLYING SYNERGETICS METHODOLOGY TO FORM A DYNAMIC MODEL OF ADMINISTRATIVE AND LEGAL PROVISION OF ECONOMIC SECURITY
This article addresses the pressing issue of applying interdisciplinary approaches to studying complex socio-economic systems. The authors focus on the methodology of synergetics and its potential for creating a dynamic model of administrative and legal provision of economic security.
The necessity of using a synergetic approach to analyze processes occurring in the sphere of economic security is substantiated. The authors emphasize that traditional research methods often do not fully account for the nonlinearity and self-organization of systems characteristic of modern economic relations.
The article examines in detail the basic principles of synergetics and their adaptation to the specifics of administrative and legal provision of economic security. The authors propose an original model that allows for considering factors such as: interaction between various economic actors; nonlinearity and unpredictability of economic processes; the role of institutional factors in ensuring security; and the dynamics of changes in the external and internal environment. It is noted that the synergetic approach opens up new perspectives for studying and managing complex systems in the field of economic security. The developed model can be used to develop effective mechanisms of state regulation and increase the resilience of the economy.
Keywords: synergetics, administrative and legal provision, economic security, dynamic model, self-organization.
Bibliographic list of articles
1. Philosophical Dictionary / Ed. by I. T. Frolov; [scientific editors-compilers: P. P. Apryshko, A. P. Polyakov, Yu. N. Solodukhin]. – Publ. 8-, revised. and add. – Moscow: Resp., Sovremennik, 2009. – 845, [1] p.
2. Bogdanov A. A. General organizational science (Tectology). Parts 1-3. – 3rd ed., revised. and add. – L.-M.: Kniga, 1925. [Electronic resource]. – Access mode: https://elib.fa.ru/oldbook/Bogdanov1.pdf/view (date accessed: 11.05.2024).
3. Barsova E. S. Methodological aspects of the study of security in modern society // Theory and practice of social development. – 2012. – No. 10. – [Electronic resource]. – Access mode: https://teoria-practica.ru›-10-2012/politics/barsova.pdf (date accessed: 11.05.2024).
4. Knyazeva E. N., Kurdyumov S. P. Laws of evolution and self-organization of complex systems; Rus. AN. – Moscow: Nauka, 1994. – 229 p.
5. Knyazeva E. N., Kurdyumov S. P. Foundations of synergetics: Regimes with aggravation, self-organization, tempoworlds / Institute of Philosophy. Keldysh Institute of Applied Mathematics of the Russian Academy of Sciences. – Scientific Publishing House – St. Petersburg: Aleteya, 2002. – 414 p.
6. Atamanchuk G. V. Synergetic aspects of public administration // Globalization: synergetic approach / Russian Academy of Public Administration under the President of the Russian Federation. [Electronic resource]. – Access mode: http://spkurdyumov.narod.ru/Rags10.htm#Glob25 (date of access: 09/26/2024).
7. Zinchenko Yu. P. Ideology of tolerance//National Psychological Journal. – 2011 – No. 2 (6). [Electronic resource]. – Access mode: http://www.vash-psiholog.info/nats/20186-metodologicheskie-osnovy-psixologii-bezopasnosti.html date of access: 09/26/2024).
8. Shishkin V. V. Synergetic approach in the theory of law: author’s abstract. dis. … candidate of legal sciences. – Nizhny Novgorod, 2007. – 35 p.
ADMINISTRATIVE LAW
OSETROVA Anna Yurjevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Volgograd Institute of Management, branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
STEPANOVA Ekaterina Vladimirovna
Ph.D. in philological sciences, associate professor of Linguistics and intercultural communication sub-faculty of the Volgograd Institute of Management, branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
LEGAL ASPECTS OF IMPROVING WATER QUALITY AND SUSTAINABLE WATER MANAGEMENT SOLUTIONS IN RUSSIA AND NEIGHBORING COUNTRIES
The protection, reproduction and rational use of natural resources is considered as a necessary condition for ensuring a favorable environment and environmental safety in the Fundamentals of Russia’s Environmental Development and individual strategic planning documents and government programs. In different legal systems of the world, special legal mechanisms have been created for the improvement of water bodies, and special attention is paid to improving the sustainability of water management systems and the renewal of water resources. The authors summarize that the task of restoring water bodies in various states is outlined and solved in the legal field, legal mechanisms for environmental rehabilitation and rehabilitation of water bodies have been worked out to varying degrees or are completely absent. In view of this, the environmental legal policy and water legislation of States should be formed on the basis of the priority of protection and restoration of water bodies and strengthening international cooperation on the management of transboundary water bodies.
Keywords: environmental policy, water law, improvement of water bodies, water resources of Russia.
References
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ADMINISTRATIVE LAW
PONOMARENKO Anna Alexandrovna
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University, Simferopol
ENVIRONMENTAL QUALITY MANAGEMENT AND REGULATION IN THE ENERGY SECTOR: A LEGAL ASPECT
The article examines the legal aspect of environmental quality management and regulation in the energy sector. The author explores the main problems related to the need to improve environmental legislation and legal regulation of relations in the energy sector. Special attention is paid to the analysis of the functions of law and the role of the regulatory function in ensuring environmental safety. The author emphasizes the importance of creating a system of public relations that corresponds to the legislative framework of responsible environmental management, contributing to the sustainable development of society. The article also discusses various methods of regulating environmental activities, such as administrative, economic and market ones. Special attention is paid to the analysis of legal mechanisms aimed at ensuring environmental safety in the energy sector. The author considers such tools as product quality standards, licensing, certification, payments for negative environmental impact, subsidies and other measures aimed at reducing the negative impact on the environment. The article is of interest to specialists in the field of law, ecology and energy , as well as to anyone interested in environmental protection and sustainable development.
Keywords: ecology, energy, law, regulation, management, environmental quality, sustainable development.
Article bibliography
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4. Frolov I. T. Philosophical Dictionary / Edited by I. T. Frolov. – 7th ed., revised and enlarged. Moscow: Republic, 2001. [Electronic resource]. – Access mode: http://logic-books.info/sites/default/files/frolov._filosofskiy_slovar.pdf (date of access: 09.09.2024).
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ADMINISTRATIVE LAW
SAVOCHKINA Darya Olegovna
Ph.D. in Law, senior lecturer of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
GOROSHKO Olga Vladimirovna
Ph.D. in Law, lecturer of Administrative law sub-faculty of the Rostov law Institute of MIA of Russia
DEZHURNY Anatoliy Alexeevich
Ph.D. in Law, professor of Administrative law and administrative service activity department sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
ADMINISTRATIVE SUPERVISION AS A MEASURE OF STATE COERCION
The article examines problematic issues of a theoretical and practical nature related to such a measure of state cooperation as administrative supervision. The analysis and comparative characteristics of the concepts of control and supervision are carried out. The signs of administrative supervision and the characteristics of its regulatory and legal consolidation are highlighted and structured. The system of sources of administrative supervision of the police is analyzed. The forms and methods of exercising supervisory powers by police officers are considered.
Keywords: administrative coercion, control, supervision, administrative supervision, executive authority, internal affairs bodies, forms and methods of administrative supervision.
Article bibliography
1. Bibikov M. A. Administrative supervision // World of science. Pedagogy and psychology. 2017. No. 4. P. 22.
2. Popov L. L. Administrative law of the Russian Federations: a textbook for bachelors / Ed. L. L. Popov. Moscow: Prospect, 2015. 568 p.
3. Ravnyushkin A. V. Administrative and police supervision as a means of preventing and neutralizing the dangers and risks of modern society // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2019. No. 3 (74). P. 43.
4. Samoyluk R.N., Vyzulin E.A.K. on the issue of the relationship between the concepts of control and supervision in the administrative activities of the police // Science. Thought: electronic periodical journal. 2016. No. 9. P. 115-116.
5. Chekashkin G. F. Legal basis for control and supervisory activities of the police at the present stage // Problems of law enforcement activities. 2019. No. 3. P. 6.
ADMINISTRATIVE LAW
FEDOROV Alexander Vitaljevich
Ph.D. in Law, associate professor, professor of Administrative law and criminal law disciplines sub-faculty of the Rostov State University of Railway Engineering
SOLOMKO Vladimir Alexandrovich
Ph.D. in Law, lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
NOVICHKOVA Elena Evgenjevna
associate professor of Administrative law and administrative activities sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ISSUES OF SYSTEMIC PREVENTION OF JUVENILE DELINQUENCY
The object of the study is social relations that are formed within the framework of the prevention of juvenile delinquency. The authors emphasize that the problem of deviant behavior of children has an interdisciplinary character, the solution of which requires the search for new legal, psychological and a number of other mechanisms. According to the authors, one of these mechanisms is mediation, which is expressed in relation to minors through restorative practices or school mediation. The study, based on foreign experience, examines the possibility of using mediation procedures in internal affairs bodies, draws conclusions about the need to involve civil society institutions, with this in mind, amendments to the legislation of the Russian Federation are proposed, which will allow in the long term to implement a mechanism of preventive action to reduce juvenile delinquency.
Keywords: police, Ministry of Internal Affairs of Russia, minor, children, offense, prevention, prevention , family, mediation, administrative and tort legislation, proceedings on administrative offenses
Article bibliography
1. Osyak A. N., Pestov R. A ., Shapovalova T. N., Chernobrovkina N. I. Social control as a subject of scientific reflection // Philosophy of Law. – 2017. – No. 3 (82). – P. 137-143.
2. Brovko N.V., Pestov R.A., Rydchenko K.D. Improving regulatory framework in the field of protecting minors from involvement in antisocial acts // Jurist-Pravoved. – 2018 . – No. 2 (85). – P. 113-118.
3. Rydchenko K. D., Pestov R. A. “Children’s curfew” according to regional legislation of the Voronezh and Rostov regions: problems and prospects of legal regulation / / Jurist-Pravoved. – 2014. – No. 2 (63). – P. 53-58.4.
4. Oborotova S. A. Application of mediation technology in resolving family and school conflicts // Pedagogy and psychology of education. – 2016. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-tehnologii-mediatsii-v-razreshenii-semeynyh-i-shkolnyh-konfliktov (date of access: 10.09.2024).
5. Kritskaya M. S. Administrative mediation as a form of public control over police activities // VSU Bulletin. Series: Law. – 2016. – No. 3 (26). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/administrativnaya-mediatsiya-kak-forma-osuschestvleniya-obschestvennogo-kontrolya-za-deyatelnostyu-politsii (date of access: 24.09.2024).
6. Extended meeting of the Collegium of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode http://www.kremlin.ru/events/president/transcripts/deliberations/73770 (date of access: 09.09.2024).
ADMINISTRATIVE LAW
CHELPANOVA Marina Mikhaylovna
Ph.D. in economical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, colonel of police
BILOKON Viktor Petrovich
senior lecturer of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
THE POWERS OF THE DISTRICT COMMISSIONER OF THE POLICE TO PREVENT NEGLECT, HOMELESSNESS, OFFENSES AND ANTISOCIAL ACTIONS OF MINORS
The article characterizes neglect, homelessness, offenses and antisocial actions of minors as objects of preventive activities of internal affairs bodies, analyzes the activities of departments, district police commissioners in the field of prevention of neglect, homelessness, offenses and antisocial actions of minors. The ways of improving the legal status of the organization of the activities of district police commissioners are proposed, taking into account changes in existing normative legal acts.
Keywords: district police commissioner, minors, prevention of offenses, neglect, homelessness, antisocial actions.
Article bibliography
1. On the performance of service by district police commissioners in the administrative area they serve and the organization of this activity: order of the Ministry of Internal Affairs of Russia dated 03/29/2019 No. 205 Garant.ru: website. [Electronic resource]. – Access mode: https://base.garant.ru/72288134/ (date of access: 19.08.2024).
2. On approval of the Instructions for organizing the activities of the juvenile affairs units of the internal affairs bodies of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated 15.10.2013 No. 845 // Garant.ru: website. [Electronic resource]. – Access mode: https://base.garant.ru/70585810/ (date of access: 19.08.2024).
3. Vikhlyaev A. A., Fedorova I. V., Shatkovskaya I. I. Actual issues of improving the activities of district police officers to prevent offenses and neglect among minors // Bulletin of Economic Security. – 2021. – No. 1. – P. 206
4. Report on the results of the activities of the Commissioner for Children’s Rights in the Republic of Crimea for 2023 [Electronic resource]. – Access mode: https://deti.gov.ru/Press-Centr/region-news/12482?ysclid=lzei0xgcoe301250757.
ADMINISTRATIVE LAW
SHESTAK Valentin Sergeevich
Ph.D. in Law, associate professor, professor of Administrative activities the internal affairs bodies sub-faculty of the Donetsk branch of the Volgograd Academy of the MIA of Russia
THE REGULATORY ROLE OF ADMINISTRATIVE LAW IN THE FIELD OF NATIONAL SECURITY
The author of the article, exploring the essence and features of national security as a phenomenon of modern reality, comes to the conclusion that an important place in determining the multidimensional content of this concept has an administrative and legal aspect. The concept of national security and the mechanism for ensuring it is based on a solid foundation of both general theoretical and sectoral research, this category has been in scientific circulation for a long time. When considering the process of formation of the conceptual and categorical apparatus “ensuring national security”, “legal provision of national security”, “administrative and legal provision of national security”, “administrative and public provision of national security”, etc. the author came to the conclusion that without a deep scientific perception of this phenomenon, its legislative consolidation becomes impossible, the development of basic legislative norms that regulate public relations in the process of ensuring the protection of the interests of the individual, society and the state from internal and external threats. During the analysis of the existing legal normsgulating public relations in the field of national security, the author formulated a classification of legal norms in this area. In the process of studying the role of administrative law in regulating public relations in the field of national security, the conclusion is formulated that in modern conditions administrative law should provide new opportunities in terms of ensuring the national security of the state. This industry should take into account, and accordingly reflect in its methods and means of regulation, those modern trends that take place in the field of public administration, which is due to the urgent need to improve it in the direction of developing interaction between the state and society.
Keywords: national security, administrative law, administrative and legal relations, legal provision of national security, administrative and legal provision of national security, state, publicity, threats to national security, law.
Bibliographic list of articles
1. Chetverikov V.S. Administrative law. Series “Higher Education”. – Rostov-on-Don: Phoenix, 204. – 512 p.
2. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language: 80,000 Words and Phraseological Expressions. – M.: Azbukovnik, 1999 . – P. 427.
3. Legal Encyclopedic Dictionary. – M.: Soviet Encyclopedia. 1984. – P. 201.
4. Military Encyclopedic Dictionary. – M.: Military Publishing House. 1983. – P. 496.
5. Barabanova S. V. Administrative and legal support for the constitutional right of citizens to higher professional education in the Russian Federation: Diss. … for the dissertation of Doctor of Law. – M., 2009. – 448 p.
6. Kunyaev N. N. Legal support of national interests of the Russian Federation in the information sphere. – M.: Logos, 2010. – 348 p.
7. Khabrieva T. Ya., Nozdrachev A. F., Tikhomirov Yu. A. Administrative reform: problems and solutions // In the book: “Administrative reform in Russia”. Scientific and practical manual / Ed. S. E. Naryshkin, T. Ya. Khabrieva. – M.: Legal firm “CONTRACT”: INFRA-M, 2006. – P. 11.
8. Polyakova T. A. Legal support of information security in the construction of an information society in Russia: Dis. . .. for the degree of Doctor of Law. – M., 2008. – 438 p.
9. Redkous V. M. Features of administrative and legal support of national security in modern conditions // Law and Right. – 2010. – No. 8. – P. 107-110.
10. Proletenkova S. E., Bykov B. A. Administrative and legal support for economic security: problems and prospects // Administrative law and process. – 2017. – No. 2. – P. 23-26.
11. Redkous V. M. “Administrative and legal support of national security in the member states of the Commonwealth of Independent States”. Dissertation for the degree of academician. senior doctor of law. – M.: RUDN, 2011. – P. 16.
12. Kardashevsky V. V. Administrative, legal and organizational support for the implementation of management decisions by staff units of internal affairs agencies (based on materials from the Main Directorate of Internal Affairs of Moscow): Dis. . … Cand. of Law. – M., 2005.
13. Ryzhak N. I. Legal regulation of the activities of special services in the system of ensuring national security of the Russian Federation: Monograph. 2nd ed., corrected and additional . – M.: EDAS-PAK, 2000. – P. 117.
14. Andrichenko L. V., Bogolyubov S. A., Vasilyeva L. N., Vishnyakov V. G., et al. Legal support security of the Russian Federation / Ed.: Vishnyakov V. G. – M.: Legal. lit., 2005. – 400 p.
15. Avdeev Yu. I. [et al.]. Legal basis for ensuring national security of the Russian Federation: monograph. – M.: UNITY-DANA, 2017. – P. 119- 120.
16. Kozbanenko V. A. Legal support for the status of state civil servants: theoretical and administrative aspects: Diss. … Doctor of Law. – M., 2003. – 598 p.
17. Kikot V. . I. Organizational, legal and information support for the implementation of the personnel policy of the Ministry of Internal Affairs of Russia in the field of personnel training: Diss. … Doctor of Law. – M., 2002. – 428 p.
18. Zhigalina O. S. Legal support activities of customs authorities of the Russian Federation: Diss. … Cand. of Law. – Saratov, 2007. – 180 p.
19. Vershilo N. D. On the issue of state environmental control and supervision // Laws of Russia: experience, analysis, practice. – 2017. – No. 6. – P. 35- 39.
20. Kucherov I. I. Components of financial security and its legal support // Journal of Russian Law. – 2017. – No. 6. – P. 69-79.
21. Melehin A. V. Administratively -legal mechanism for ensuring legality in the field of ecology // Lex Russica. – 2016. – No. 11. – P. 33-45.
22. Sinyugin V. Yu. Administrative and legal support for reforming the management activities of executive bodies of state power: Dis. . … Doctor of Law. – M., 2011. – 412 p.
23. Stakhov A. I. Administrative-public provision of security // Administrative law and process. – 2006. – No. 4. – P. 28-29.
24 . Stakhov A. I. Concept and distinctive features of the prizeoutline of the administrative-legal agreement on ensuring security // Administrative law and process. – 2007. – No. 1. – P. 21-25.
25. Stakhov AI Administrative-public security in the Russian Federation: Dis. … Doctor of Law. – M., 2007. – 429 p.
26. Stakhov AI Administrative-public security in the Russian Federation: monograph / Scientific editor BV Rossinsky. – M .: UNITY-DANA: Law and Law, 2006. – P. 3.
27. Maksimov SN Administrative-legal support of economic security in the Russian Federation: conceptual and methodological aspects: dissertation … Doctor of Law: 12.00.14. – M., 2014.
28. Kikot-Glukhodedova T. V. Administrative and legal support of national security in Russia, the USA and European countries (comparative study), dis. … for the candidate of academic degree. Doctor of Law. specialty. 12.00.14. M., 2019. – P. 13.
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, Simferopol
WAYS TO RESOLVE PROBLEMS ASSOCIATED WITH THE IMPLEMENTATION OF RIGHTS AND DUTIES OF DISTRICT POLICE OFFICERS
The activities of district police officers play a key role in maintaining public order and safety. However, existing working conditions, insufficient resource provision, and constant changes in the social sphere lead to a number of problems that hinder the effective implementation of officers’ powers.
The study identified the main problems hindering the effective work of district police officers, such as: high workload, insufficient material and technical base, insufficient qualifications, poor coordination with other services, and low public trust. Recommendations have been developed to optimize the workload, strengthen the material and technical base, improve qualifications, enhance coordination, and increase public trust.
It has been established that the activities of district police officers require constant improvement. The implementation of the proposed measures will increase the efficiency of their work, strengthen public trust in law enforcement agencies, and ultimately contribute to ensuring public order and safety.
The results of the study can be used to improve the regulatory framework, develop programs for the professional training and retraining of police officers, and to develop measures to improve the efficiency of law enforcement agencies as a whole.
Keywords: district police officers, problems, effectiveness, law enforcement agencies, public order, safety.
Bibliographic list of articles
1. Kuznetsov P.S. Measures of administrative procedural support // Bulletin of the magistracy. – 2020. – No. 4-3. – P. 73-75.
2. The Supreme Court prohibited considering intoxication itself as an aggravating circumstance. [Electronic resource]. — Access mode: https://www.vsrf.ru/press_center/mass_media/29447/ (date of access: 09/14/2024).
3. Order of the Ministry of Internal Affairs of Russia dated March 29, 2019 No. 205 “On the performance of service by district police officers in the serviced administrative area and the organization of this activity” // SPS Garant
4. Formation and development of the institute of district police officers. // [Electronic resource]. — Access mode: https://lektsia.com/8x2b24.html (date of access: 13.09.2024).
5. Code of the Russian Federation on Administrative Offenses of 30.12.2001 No. 195-FZ (as amended on 14.07.2022) (as amended and supplemented, entered into force on 01.09.2022) // SPS Garant.
6. Federal Law “On Police” of 07.02.2011 No. 3-FZ (latest revision) // SPS Garant.
ADMINISTRATIVE LAW
DINISLAMOVA Aiza Zubairovna
adjunct of the Krasnodar University of the MIA of Russia
ON THE ISSUE OF LEGAL REVISION AND CLARIFICATION OF THE INFORMATION TERMINOLOGY APPARATUS IN THE DOMESTIC LEGAL SYSTEM
The article examines the trends in the development of the inter-branch legal terminology apparatus used in regulating information legal relations. The destructiveness of artificial complication and division of basic information and legal terms, the abuse of synonymization of such definitions as “information”, “information resource”, “information environment”, “harmful information” are noted. Based on the study of the norms of information, administrative and criminal legislation, as well as taking into account modern trends in the development of information technology in the context of ongoing foreign policy pressure on the Russian Federation, a proposal is made to conduct a large-scale legal revision of the terminology apparatus of information law, clarifying the basic definitions and ensuring the accuracy of their use in the text of regulationory legal acts.
Keywords: information, information resource, information environment, malicious information, digitalization, information law, administrative law.
Article bibliography
1. Every third crime in 2023 is committed in the IT sphere. Website of the Interfax information group. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/927661 (date of access: 07/20/2024).
2. Streltsov A. A. Information as a general scientific category // Information as an object of research in natural, technical and social sciences: collection of scientific papers. – M., 2001. – P. 6-19.
3. Shevko N. R. Legal status of the concept of “Information” in Russian legislation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 4. – P. 166-168.
4. Lopatin V. N. Information security of Russia: Man. Society. State / Ministry of Internal Affairs of Russia, St. Petersburg University. – St. Petersburg: University, 2000. – 424 p.
5. Rydchenko K. D. Administrative and legal support of information and psychological security by the internal affairs bodies of the Russian Federation: author’s abstract. dis. … for the degree of candidate of legal sciences. – Voronezh, 2011. – 27 p.
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
DEZHURNY Anatoliy Alexeevich
Ph.D. in Law, professor of Administrative law and administrative and service activities of the department of internal affairs sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
TURSKAYA Elena Romanovna
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Administrative law and administrative and service activities of the department of internal affairs sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
MULTIFACTORIAL ANALYSIS AS A METHOD OF STUDYING THE CAUSES AND CONDITIONS CONTRIBUTING TO THE COMMISSION OF VIOLENT OFFENSES IN THE FIELD OF FAMILY AND HOUSEHOLD RELATIONS
At the moment, the Ministry of Internal Affairs of Russia is the main subject of ensuring public order, of course occupies a leading role in integrating civil society into the law enforcement process, which in turn serves as a catalyst for increasing the percentage of citizens who trust the police to protect their safety and gaining the country’s population’s strong trust in the law enforcement system of the state police, which in turn entails an increase in legal culture in the society, timely and effective response to committed offenses, identification and elimination of causes and conditions, contributing to them. Today, the most pressing issues in the activities of internal affairs bodies include increasing the effectiveness of preventive measures against persons on preventive registration, including those who commit offenses in the family and household sphere.
Keywords: causes and conditions, minors, destructive activity, police officers, crime, administrative offense.
Bibliographic list of articles
1. https://gufo.me/dict/epistemology_encyclopedia/%D0%BC%D0%B5%D1%82%D0%BE%D0%B4
2. https://slovarozhegova.ru/?ysclid=ljedmoq5ab492877067
3. https://slovarozhegova.ru/?ysclid=ljedmoq5ab492877067
4. https://slovardalja.net/?ysclid=ljedwqr9me157033773
5. https://fb.ru/article/457482/mnogofaktornyiy-analiz-vidyi-primeryi-metodyi-provedeniya-analiza-naznachenie-i-rezultatyi?ysclid=ljsbxgnczc5229611
6. https://studfile.net/preview/4205182/
7. https://www.elibrary.ru/ip_restricted.asp?rpage=https%3A%
8. Baraz V.R. Correlation and regression analysis of the relationship of commercial activity indicators using the Excel program / Baraz V.R. – Ekaterinburg, 2005. – 103с
ADMINISTRATIVE LAW
NURMUKHAMMADZODA Farhod Jurabek
adjunct of the Faculty of Training Scientific-pedagogical and Scientific Personnel of the V. Ya. Kikot of the Moscow University of the MIA of Russia
ROLE OF ADMINISTRATIVE AND LEGAL REGULATION OF INFORMATION SECURITY POLICY IN LOCAL SELF-GOVERNMENT BODIES IN THE REPUBLIC OF TAJIKISTAN
This article addresses the issues and aspects of improving the administrative and legal regulation of information security policy in local self-government bodies. It emphasizes that despite the decentralization of power, information security in these entities remains a crucial aspect of national information security. The roles of law enforcement agencies in information production are examined, and information threats, such as the dissemination of false information and discrediting of entities online, are identified. The article also underscores the need to define objects for information protection and proposes the development of a concept of information security in local self-government bodies.
Keywords: administrative and legal measures, information security, objects of administrative protection.
Article bibliography
1. Ibodov A.Kh. Information security: new challenges and threats in the process of transition to the information society (Based on the materials of the Republic of Tajikistan): dis. … candidate of political sciences. – Dushanbe, 2015. – 135 p.
2. Kalandarov F. Theoretical concept of information security and its sustainable role in the national security of the Republic of Tajikistan // Bulletin of the Tajik National University. – 2018. – No. 8. – P. 26-30.
3. Makhmadov P. A. The role of information security of political communication in ensuring security (the experience of Tajikistan) // Eurasian Law Journal. – 2016. – No. 1 (92). – P. 223-226.
4. Safiev K. I. Information security of the Republic of Tajikistan in the context of the modern political process: the essence and priorities of its provision: dissertation … candidate of political sciences: 23.00.02; [Place of protection: Tajik National University]. – Dushanbe, 2014. – 147 p.
5. Khalimov D. M. Informatization of society and its security in the information sovereignty of Tajikistan // Bulletin of Culture. – 2017. – No. 3 (39). – P. 93-96.
6. Kholikov F. A. Expansion of information warfare in the modern world and their impact on the national security of the Republic of Tajikistan // International relations and security. – 2023. – No. 3 (7). – P. 54-71.
7. Kholmatov M. M. Institutional aspects of the development of the digital economy of Tajikistan // Tajikistan and the modern world. – 2020. – No. 2 (70). – pp. 136-138.
ADMINISTRATIVE LAW
MARDONZODA Safarmuhammad Rahmatullo
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
ON A NEW APPROACH TO THE ANALYSIS OF MIGRATION LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN
In the article, the author examines modern approaches of scientists related to the analysis of migration processes in the Russian Federation and the Republic of Tajikistan. The interest in the topic is dictated by the relevance of this issue. The author explores the issues of bringing persons to administrative responsibility for violations of migration legislation and expresses his own opinion on possible ways to solve them. The novelty of the article is seen in the author’s view of migration legislation.
Keywords: migration, administrative offenses, administrative responsibility, temporary stay, migration processes.
Article bibliography
1. Zherebtsov A. N., Malyshev E. A. Migration security of the Russian Federation: problems of administrative and legal support // Society and Law. – 2018. – No. 3 (65). – P. 104-113. – EDN XZDJMT.
2. Bezrukov A. V., Iksanov I. S., Isaeva A. A. Legal basis for migration policy in Russia and the European Union // Bulletin of Tomsk State University. – 2021. – No. 467. – P. 225-230. – DOI 10.17223/15617793/467/27. – EDN UHSLJH.
3. Code of the Russian Federation on Administrative Offenses of 30.12.2001 N 195-FZ (as amended on 29.05.2024)
4. Soldatov A. P., Bratanovsky S. N. On improving the legal status of foreign citizens in Russia // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (58). – P. 50-56. – EDN KDNVVH.
ADMINISTRATIVE LAW
PONEZHINA Lyudmila Yurjevna
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
PONEZHIN Mikhail Yurjevich
Ph.D. in Law, associate professor, associate professor of Constitutional and municipal law sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
RETROSPECTIVE CHARACTERIZATION OF THE LEGAL FOUNDATIONS OF THE CIRCULATION OF EDGED WEAPONS
The article provides a historical analysis of the legal foundations of the circulation of cold weapons, which showed that the importance of the sphere of arms trafficking is associated with a potential danger to the life of society, it follows that the legal nature of the administrative and legal regime of weapons is to ensure the protection of rights and interests, at the same time it can be noted that in the legal regulationof the circulation of cold weapons a rudimentary place has been allocated, since cold steel of a concentrated mass (impact-crushing) remains behind the circle of subjects in the normatively fixed terminology.
Keywords: comparative analysis, evolution, regime, mechanism, cold steel, protection of public order.
Article bibliography
1. Butukhanova E. V. Arms smuggling in Russia: history and modernity // Scientific notes of the St. Petersburg branch of the Russian Customs Academy named after V. B. Bobkov. – 2013. – No. 3 (47). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontrabanda-vooruzheniya-v-rossii-istoriya-i-sovremennost (date of access: 24.02.2024).
2. Kulinsky A. N. Russian edged weapons of military, naval and civil officials of the 1800-1917. – St. Petersburg: “MAGIK-PRESS”, 1994. – S. 142.
3. Sumaroka A. M., Stalmakhov A. V., Egorov A. G. Cold and throwing weapons: Forensic examination: Textbook / Ed. A. G. Egorov. – Saratov: Syuri Institute of the Ministry of Internal Affairs of Russia, 2000. – S. 11.
4. Glinkina L. A. Illustrated explanatory dictionary of forgotten and difficult words of the Russian language. – M.: Mir encyclopedii Avanta+, 2008. – P. 284.
5. Myslivets N. L. Memory of the past in the space of the modern city // Sociological almanac. – 2018. – No. 9. – P. 107-113.
6. Sharapov R. D. The concept of weapons as a crime instrument // Journal of Russian law. – 2005. – No. 11. – P. 78.
7. Boytsov A. I. Crimes against property. – St. Petersburg, 2002. – P. 646.
8. Osyak A. N., Pestov R. A., Shapovalova T. N., Chernobrovkina N. I. Social control as a subject of scientific reflection // Philosophy of law. – 2017. – No. 3 (82). – pp. 137-143.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Academy of the FPS of Russia
KASHINTSEVA Irina Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Foreign languages sub-faculty, Deputy Director of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ON THE ISSUE OF THE OBSERVANCE OF CERTAIN CIVIL RIGHTS OF CONVICTS
This article examines the issues of observance of the rights of convicts to intellectual property, as well as their legal aspects in conditions of imprisonment. The legislation regulating the protection of intellectual property rights is analyzed and gaps in its application to this category of citizens are identified. Special attention is paid to practical examples and judicial practice. The article also offers recommendations on improving the protection of intellectual property for the category of citizens in question, which can contribute to their rehabilitation and social adaptation after release.
Keywords: civil legislation, intellectual property, the penal system, convicts, respect for civil rights.
Article bibliography
1. Ananyeva E. O., Frolovskaya Yu. I. Fundamentals of civil law: A tutorial. – Ryazan, 2023. – 338 p.
2. Ananyeva E. O., Makhiboroda M. N. Legal protection of intellectual property: A tutorial for students of higher educational institutions studying in the field of training “Jurisprudence” / (2nd edition, revised and supplemented). – Moscow, 2024. – 119 p.
3. Ananyeva E. O., Ananyev O. G. The right of convicts and the results of intellectual activity in places of deprivation of liberty // Agrarian and land law. – 2024. – No. 4 (232). – P. 191-193.
4. Omsk prisoners opened their own radio station – Rossiyskaya Gazetam. – [Electronic resource]. – Access mode: https://rg.ru/2016/05/05/reg-sibfo/omskie-zakliuchennye-radiostancia.html (date of access: 09/03/2024).
5. Kalina Krasnaya movement and competition – Kalina Krasnaya Tochka ru website. – [Electronic resource]. – Access mode: https://www.kalinakrasnaya.ru/ (date of access: 09/03/2024).
CIVIL LAW
ALEXANDROV Alexander Alexandrovich
magister student of the 2nd course of the program “Legal Regulation in the Sphere of Energy and Natural Resources” of the Higher School of Law and Forensic Science of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate Professor of the Higher School of Law and Forensic Science of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
CRITERIA FOR DETERMINING THE CAPITALIZATION OF REAL ESTATE OBJECTS
The article raises the problem of the insufficiency of the criteria necessary to qualify an object as a capital construction project. The main goal of this work is to identify new criteria for qualifying things as capital construction projects. To achieve this goal, a formal legal method was used to study regulatory legal acts, including building codes and rules, as well as an analysis of materials from judicial practice. The result of the study is to identify new criteria for determining capital, which can be used to improve urban planning legislation.
Keywords: real estate object, criteria of capitalization, law enforcement practice, expertise of object capitalization.
Article bibliography
1. Aseeva M. A., Gleba O. V. Legal regime of capital construction projects: problems of legislative regulation // Agrarian and land law – 2020. – No. 10 (190). – P. 185-189.
2. Zharkova O. A. “Turnover” of a capital construction project // Property relations in the Russian Federation – 2021. – No. 1 (232). – P. 65-75.
CIVIL LAW
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF DIVISION OF COMMON PROPERTY OF SPOUSES
One of the most common problems that are acute between spouses, before or after divorce, is the division of their common property. Disputes related to the division of property are avoided by couples who have entered into a marriage contract. However, in Russia, the practice of concluding a marriage contract is not widespread, and the property acquired by spouses during marriage is recognized as their joint property and is subject to division. Spouses do not often resolve disputes regarding the division of acquired property peacefully. Having failed to reach an agreement on the division of common property, spouses (former spouses) are forced to refer the dispute to the court for resolution.
Keywords: spouses, divorce, joint property, division of common property, marriage contract, dispute, court decision, allocation of share, payment of compensation.
Bibliographic list of articles
1. “Civil Code of the Russian Federation” of 30.11.1994 No. 51-FZ (as amended on 08.08.2024) (date of access: 30.08.24).
2. “Family Code of the Russian Federation” of 29.12.1995 No. 223-FZ (as amended on 31.07.2023) (as amended and supplemented, entered into force on 26.10.2023) (date of access: 30.08.24).
CIVIL LAW
SMIRNOVA Maya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Humanitarian and social-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
BALATSKAYA Yuliya Yurjevna
lecturer of Humanitarian and socio-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
IMPLEMENTATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES IN EMPLOYMENT AND EDUCATION IN RUSSIA AND SWITZERLAND: A COMPARATIVE ANALYSIS
The article provides a comparative analysis of the implementation of the rights of people with disabilities in the Russian Federation and Switzerland in the field of education and employment. Legislative initiatives and their implementation in practice are described. It is noted that programs aimed at supporting people with disabilities improve their quality of life and the level of social justice, create conditions for their integration into public activities, eliminating the possibility of discrimination against disabled people.
Keywords: people with disabilities, supported employment, accessible environment, social protection, education, disabled person, discrimination, inclusive environment, right to work.
Article bibliographic list
1. Convention on the Rights of Persons with Disabilities of December 13, 2006 // IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
2. On the social protection of disabled people in the Russian Federation: Federal Law of November 24, 1995 No. 181-FZ // IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
3. On measures to create an accessible living environment for people with disabilities: Decree of the President of the Russian Federation of October 2, 1992 No. 1156-FZ // IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
4. Federal Law of May 3, 2012 No. 46-FZ “On Ratification of the Convention on the Rights of Persons with Disabilities” (current version) // IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
5. Federal Law of December 30, 2012. No. 296-FZ “On Amendments to Articles 14 and 19 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” (current version) // IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
6. Federal Law of 29.12.2012 No. 273-FZ (as amended on 17.02.2023) “On Education in the Russian Federation” (as amended and supplemented, entered into force on 28.02.2023). – [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
7. Federal Law of 1 December 2014 No. 419-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Social Protection of Disabled Persons in Connection with the Ratification of the Convention on the Rights of Persons with Disabilities” / (current version) / IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
8. Federal Act on the Elimination of Discrimination against People with Disabilities of 13 December 2002 (Status as of 1 July 2020). – [Electronic resource]. – Access mode: https://www.fedlex.admin.ch (date of access: 09.09.2024).
9. Federal Constitution Switzerland 1999 (rev. 2002). – [Electronic resource]. – Access mode: https://www.constituteproject.org/constitution/Switzerland_2002 (date of access: 09.09.2024).
10. Balatskaya Yu. Yu., Aleksanova V. A. Features of inclusive communication with deaf and hard of hearing people // Ensuring public safety and combating crime: tasks, problems and prospects: Materials of the V All-Russian scientific and practical conference, Simferopol, May 19, 2023 / Under the general editorship of S. A. Butkevich. – Krasnodar: FGKOU HPE “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2023. – P. 19-22.
11. State program of the Russian Federation “Accessible Environment”. – [Electronic resource]. – Access mode: https://mintrud.gov.ru/ministry/programms/3/0?y (date of access: 09.09.2024).
12. Scientific and methodological recommendations based on best practices to promote employment of students with disabilities. – [Electronic resource]. – Access mode: chrome-extension://mhjfbmdgcfjbbpaeojofohoefgiehjai/index.html (date of access: 09.09.2024).
13. Handbook “Answers to frequently asked questions when employing disabled people and people with disabilities.” – [Electronic resource]. – Access mode: rkig.edu.ru›doc/sst/2022/spravochnik.pdf (date of access: 09.09.2024).
14. Tikhonova S. A. Foreign practice of education of children with disabilities in accordance with the requirements of the UN Convention on the Rights of Persons with Disabilities. – Text: direct // Theory and practice of education in the modern world: materials of the I Int. scientific conf. (St. Petersburg, February 2012). – T. 2. – St. Petersburg: Renome, 2012. – P. 422-427. – [Electronic resource]. – Access mode: https://moluch.ru/conf/ped/archive/21/1618/ (date of access: 09.09.2024).
15. Shcherbakova, Tatyana. Methods of inclusive education of children in Switzerland / Tatyana Shcherbakova // International Scientific and Practical Conference “Inclusive Education: Dimensions, Propositions, Solutions”, ed. on the 2nd, October 7, 2016 = II International Scientific and Practical Conference “Inclusive Education: Directions, Problems, Solutions”. – Bulgaria: [s.n.], 2016. – P. 186-191.
16. Felkendorff, K., Luder, R. School systems and background. In: Inclusive Pedagogical and Didactic. Zürich: Druck gdz AG. ISBN 978-3-03755-139-4, S. 22-30.
17. Swiss Paraplegic Group. – [Electronic resource]. – Access mode: https://www.paraplegie.ch/en/ (date of access: 09.09.2024).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF CONSENT TO THE USE OF A PATIENT’S IMAGE IN A CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE PLASTIC SURGERY PROFILE
The article analyzes the legal significance of consent to the use of a patient’s image in a contract for the provision of paid medical services in the plastic surgery profile. It has been established that the law prohibits the processing and distribution of photographs containing the patient’s image without his consent. The essence and meaning of the patient’s consent as a condition for the publication and use of his image are revealed. It is justified that the patient’s consent should contain all possible types and forms of using his images. It is noted that it is necessary to obtain the patient’s consent to receive (produce) an image (photography or videotaping) and to use and distribute it. In case of non-compliance with this requirement, the patient has the right to go to court, using the methods provided for by law to protect civil rights. At the same time, if the use of photo and video filming is required during the implementation of medical care, the patient’s consent to their conduct is fixed in the contract for the provision of medical services. In order to reduce the risks of plastic surgery clinics, it is proposed to have two separate forms of consent for photographing: for internal and external use.
Keywords: patient, consent, photograph, image, publication, surgeon, clinic, personal data, medical secrecy, responsibility.
Article bibliography
1. Gushchina Ya. E. Protection of a citizen’s image on the Internet // Law and society: history, problems, prospects. Materials of the XXVI Interuniversity International Scientific and Practical Conference of Students and Postgraduates, dedicated to the 70th anniversary of Krasnoyarsk State Agrarian University. Krasnoyarsk, 2022.
2. Kamensky M. A. A citizen’s right to an image: current problems // Bulletin of the South-West State University. Series: History and Law. 2022. Vol. 12. No. 6.
3. Kovalenko Yu. A. Actual problems of protecting a citizen’s image on the Internet // Law. Society. State: collection of scientific papers of students and graduate students / Ed. E. V. Trofimov. St. Petersburg: St. Petersburg Institute, 2021.
4. Krivogin M. S. Features of legal regulation of biometric personal data // Law. Journal of the Higher School of Economics. 2017. No. 2.
5. Lushina V. E. Illegal use of photographs of citizens posted on the Internet // Bulletin of the Magistracy. 2015. No. 3 (42).
6. Mazaev D. V. Protection of a citizen’s image on the Internet // Bulletin of the Saratov State Law Academy. 2016. No. 6 (113).
7. Mikryukov V. A. On differentiated consent of a citizen to the publication and use of his own image // Law and Economics. 2013. No. 2.
8. Politsyna A. A., Dmitriev R. O. Photographic works and methods of their protection // Skif. Issues of student science. 2019. No. 2 (32).
9. Friedman V. The right to an image: features of legal regulation and methods of protection // Intellectual property. Copyright and related rights. 2019. No. 8.
CIVIL LAW
GAYMALEEVA Aysylu Tagirovna
Ph.D. in Law, Dean of the Law Faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
TO THE QUESTION OF THE CORRELATION OF UNJUST ENRICHMENT WITH OTHER REQUIREMENTS FOR THE PROTECTION OF CIVIL RIGHTS
In the article, the author conducts a comparative analysis of the requirement of unjust enrichment with the requirement to claim property by the owner from someone else’s illegal possession, the requirement to invalidate the transaction and the requirement to cause harm. By examining in detail the characteristics of the compared institutions, it is concluded that they have quite a lot in common. Resolving the key question of the ratio of claims, a conclusion is made about the subsidiary application of the condition and the impossibility of competition of claims. Based on the basic principles of the application of the law, in the presence of a general and special rule, each of which may be applicable to the relevant relationship, a special rule is subject to application.
Keywords: obligation due to unjust enrichment, conditioning, restitution, vindication, tort claim, competition of claims, subsidiarity of the conditioning claim.
Bibliographic list by article
1. Shershenevich G. F. Textbook of Russian civil law. According to the 1907 edition . M.: Spark, 1995. 556 p.
2. Ioffe O. S. Selected works: in 4 volumes. Volume 3 Law of Obligations. SPb.: Publishing House “Legal Center Press”, 2004. 837 p.
3. Civil Law. Textbook. T. 1 / Agarkov M. M., Bratus S. N., Genkin D. M., Serebrovsky V. I., and others; Ed. by: Agarkov M. M., Genkin D. M. M.: Legal Publishing House of the People’s Commissariat of Justice of the USSR, 1944. 419 p.
4. Svirin Yu. A. On Some problems of the institution of condictio in civil law // Modern law. 2015. No. 5. P. 50-53.
5. Novak D. V., Gerbutov V. S. Key problems of obligations from unjust enrichment // Bulletin of the Supreme Arbitration Court Russian Federation. 2014. No. 1. P. 58-95.
6. Novak D. V., Gerbutov V. S. Key issues of obligations from unjust enrichment // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014. No. 1. P. 58 -95.
7. Tuzov D. O. Restitution in case of invalidity of transactions and protection of a bona fide purchaser in Russian civil law. Moscow: Statut, 2007. 206 p.
8. Danilov I. A. Issues of improving civil legislation , regulating relations in the sphere of invalidity of transactions: diss. … candidate of legal sciences. Moscow, 2006. 187 p.
9. Tuzov D. O. Restitution and restitution legal relations in the civil law of Russia // Civilistic research: collection of scientific papers. Works in memory of prof. I.V. Fedorov. Issue 1 / Edited by B. L. Khaskelberg, D. O. Tuzov. Moscow, 2004. Pp. 213-245.
10. Sklovsky K. I. Property in civil law: a textbook for universities. 5th ed., revised and enlarged. Moscow: Yurait Publishing House, 2024. 1016 p.
11. Shestakova L. S. Basic conditions and stages of emergence of conditional obligations in Russian civil legislation // Legal Bulletin of DSU. 2020. Vol. 36. No. 4. Pp. 100-105.
12. Ryasentsev V. A. Obligations arising from the unjustified acquisition or unjustified saving of property // Soviet civil right. Lecture notes / Ed. V. A. Ryasentsev. Moscow, 1973. 404 p.
12. Tolstoy Yu. K. The problem of the relationship between the requirements for the protection of civil rights // Jurisprudence. 1999. No. 2. P. 138 -148.
13. Bozieva Yu. G. Conditional obligations in the system of civil-law obligations: dis. … candidate of legal sciences. Krasnodar, 2003. 204 p.
CIVIL LAW
GALIMKHANOV Ilyas Azatovich
student of the 2nd course of the Faculty of Law of the M. V. Lomonosov Moscow State University
TO THE QUESTION OF THE RELATIVE INVALIDITY OF TRANSACTIONS
The article ponders contentious issues concerning relative invalidity of legal transactions. Historical aspects of legal theory development as well as problems arising from the classical definition of relative invalidity of legal transactions are examined in the publication. The article provides examples of various viewpoints, expressed by Russian and foreign scholars, on the possibility of existence and admissibility of such a category of invalid transactions as relative invalidity of legal transactions (alongside with voidable and void transactions). Numerous examples pertaining to relative invalidity of legal transactions cited in the research paper.
Keywords: invalidity of legal transactions, voidable and void transactions, relative invalidity of legal transactions, protection of creditors, court injunction restraining the disposal of property.
Bibliographic list of articles
1. Beer H. Die relative Unwirksamkeit. – Berlin.: Duncker & Humblot, 1975. – T. 1. – 226 S.
2. Brandis H. Ueber absolute und relative Nichtigkeit // Zeitschrift für Zivilrecht und Prozeßrecht VII. – Linde; Marezol; Schröter, 1834.
3. Japiot R. Des nullites en matiere d’actes juridiques. Essai d’une theory nouvelle. – Paris: Librairie Nouvelle de Droit et de Jurisprudence “Arthur Rousseau”, 1909. III. – 964 p.
4. Kuhlmann F. Relative (einseitige) Unwirksamkeit. – Diss. Marburg, 1936.
5. Mitteis L. Zur Lehre von der Ungültigkeit der Rechtsgeschäfte // Jahrbücher für die Dogmatik des heutigen römischen und deutschen Privatrechts. XXVIII. – Jena, 1889.
6. Motive zu dem Entwurfe eines Bürgerlichen Gesetzbuches für das Deutsche Reich: Allgemeiner Theil. 1. Germany: J. Guttentag (D. Collin), 1888. – 399 pp.
7. Reichmayr H. Die Idee der Gläubigeranfechtung. 1913 // Zeitschrift für deutschen Zivilprozeß (Bd. 44 (1914)). – 651 p.
8. Staudinger J. Staudingers Kommentar zum Bürgerlichen Gesetzbuch, Band I: Allgemeiner Teil (erläutert von Franz Brändl und Helmut Coing), 11 // Aufl., Berlin. 1957. – T. 1.
9. Windscheid B., Kipp T. Lehrbuch des Pandektenrechts, Bd. 2, 8 // Aufl., Frankfurt aM, 1900.
10. Agarkov M. M. The concept of a transaction under Soviet civil law // SGP. – 1946. – No. 3-4. – P. 41-55.
11. Genkin D. M. Relative invalidity of transactions // Bulletin of civil law. – 2014. – Vol. 14. No. 4. – P. 190-220.
12. Civil law: textbook: in 4 volumes. / Ed. Dr. of Law, Prof. E. A. Sukhanov. 3rd ed., revised and enlarged. – Moscow: Statut, 2023. – Vol. 1. – 622 p.
13. Julliot de la Morandiere L. Civil Law of France / Trans. E. A. Fleishits. Vol. 1. – Moscow: Publishing House foreign literature, 1958. – 742 p.
14. Karapetyan A. G., Tuzov D. O. Transactions concluded in contradiction with mandatory norms of the law, in the context of the new version of Art. 168 of the Civil Code of the Russian Federation // Bulletin of Civil Law. – 2016. – Vol. 16. No. 5.
15. Meyer D. I. Russian civil law. In 2 parts. Part 1. – M.: Statut, 1997 [corrected and supplemented 8 -th edition of 1902]. – 290 p.
16. Ryasentsev V. A. Lectures on the topic “Transactions under Soviet civil law” (1st and 2nd) for students of the VYuZI. – M., 1951. – 48 p.
17. Sklovsky K. I. Transaction and its effect (2nd ed.). Commentary on Chapter 9 of the Civil Code of the Russian Federation (concept, types and form of transactions. Invalidity of transactions). – M.: Statut, 2015.
18. Slyshchenkov V. A. Sale and Purchase Agreement and Transfer of Ownership: Comparative Legal Study. – M.: Statut, 2011.
19. Tuzov D. O. Theory of Invalidity of Transactions: Experience of Russian Law in the Context of the European Legal Tradition. – M.: Statut, 2007. – V. 602. – 311 p.
20. Tserkovnikov M. Liability of the seller in case of seizure of goods from the buyer. – Litres, 2022.
21. Shershenevich G. F. Textbook Russian civil law. – M.: Spark, 1995 [based on the 1907 edition]. – 556 p.
22. Enneckerus L. Course of German civil law. T. I. Half-volume 2: Introduction and general part: Per. . from the 13th German edition of 1931 – M.: Foreign Literature, 1950. – 484 p.
23. Lange H. BGB, allgemeiner Teil: ein Studienbuch, 12 // Aufl., München, 1969.
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”
BIG DATA, THE INTERNET OF THINGS, THE DIGITAL MEDICAL PROFILE OF A CITIZEN AND AN ELECTRONIC MEDICAL RECORD IN THE CONTEXT OF LEGAL REGULATION OF HEALTHCARE DIGITALIZATION
The article analyzes the key normative legal acts characterizing the development of national legislation on digital technologies (Internet of Things, digital medical profile of a citizen and electronic medical record). The key advantages of technologies and development trends at the present stage are revealed. It is concluded that legislation on digital technologies is currently being actively formed, there is a noticeable tendency to adopt special legal regimes that expand their application, as well as the implementation of successful foreign regulatory experiences in this area.
Keywords: digital healthcare, Big Data, the Internet of Things, a digital medical profile of
a citizen and an electronic medical card.
Article bibliography
1. Aksenova E. I., Gorbatov S. Yu. Application of Internet of Things
technologies in healthcare // Health of the metropolis. 2021. No. 4. P. 110.
2. Aksenova E. I., Gorbatov S. Yu. Digitalization of healthcare: experience and examples of transformation in healthcare systems around the world. Moscow: State Budgetary Institution “Research Institute of Healthcare of the Moscow Department of Healthcare”, 2020.
P. 5.
3. Bulanova V. S. Information and legal support for the provision of telemedicine services
in the context of digital transformation: dis. … Cand. of Law: 12.00.13 / Bulanova Valeria Sergeevna. Moscow, 2021. P. 142.
4. Grishin S. M. Modern directions of digitalization of healthcare: regulation, problems of implementation and development trends // Comparative legal aspects of legal relations of civil turnover in the modern world. Collection of articles. International Scientific Legal Forum in memory of Professor V.K. Puchinsky. Moscow: RUDN, 2022. P. 61.
5. Demkina A. E. Evolution of digital medicine. World and domestic experience. // Bulletin of Moscow University. Series 21. Management (state and society). 2023. No. 2.
P. 10.
6. Kirillova E. A. Legal status and principles of using big data technology (Big Data) // Russian Justice. 2021. No. 2. P. 68-69.
7. Smirnova K. M. The problem of information security in the context of using the “Internet of Things” in medicine // “Medical Law”, 2019, no. 1. p. 31.
8. Tsvetkova L. A., Cherchenko O. V. Big Data Technology in Medicine and Healthcare in Russia and the World // Doctor and Information Technology. 2016. no. 3. pp. 62-63.
9. Chelysheva N. Yu. Features of Legal Regulation of the Use of Digital Technologies in Healthcare as a Guarantee of Ensuring the Adequate Quality of Medical Services // Law and Digital Economy. 2021. no. 2. p. 18.
10. Shaderkin I. A. Is It Possible to Make a Diagnosis Remotely? // Journal of Telemedicine and Healthcare. 2022. no. 1. p. 78.
11. Elberg P. B. Electronic patient records and innovation in health care services // International Journal of Medical Informatics. 2001. Vol. 64. P. 201–205.
12. Grishin, S. M. Main trends in development and law regulation of electronic health in the European Union / S. M. Grishin, S. V. Odintsov // Cardiometry. – 12/25/2022. – P. 27.
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
THE LEGAL REGIME OF HEATING NETWORKS: DISTRIBUTION OF THE BURDEN OF MAINTENANCE
Within the framework of this article, the doctrine of the proprietary right to heating networks as an object of civil turnover is refracted. Various legal regimes are used to ensure registration of property rights to heating networks in order to determine the most equitable. When solving problems, the analysis of the lege ferenda is given. In addition, the problems of equitable distribution of the burden of maintaining heating networks between the main market participants: heat supply organizations, heating grid organizations, consumers are investigated. As recommendations, proposals are formulated to improve the concept of the methodology for distributing such a burden.
Keywords: principle of good faith, energy, energy supply, energy, protection of civil rights.
Article bibliography
1. Bevzenko R. S. Lease of a part of a thing // Journal of the Russian School of Economics. – 2018. – No. 1.
2. Bevzenko R. S. Land plot with buildings on it: introduction to Russian real estate law [Electronic publication]. – M: M-Logos, 2017. – P. 37.
3. Nebroeva A. A., Savelyev E. D. Legal status of a single real estate complex // Issues of Russian justice. – 2021. – No. 16. – P. 235.
4. Saitov L. I. Development rights (superficies) as a promising tool for a developer // VEPS. – 2020. – No. 1. – P. 79.
CIVIL LAW
ZAGLYADINA Yanina Alexandrovna
postgraduate student of Entrepreneurial law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
GENESIS OF LEGAL REGULATION OF COUNTERACTION TO UNFAIR COMPETITION IN THE FIELD OF ILLEGAL USE OF INFORMATION
The author analyzes the emergence, development, formation of the legal regulation of unfair competition associated with the misuse of information in the domestic legal order. Unfair competition as an independent phenomenon arose at the end of the 19th century due to the emergence of outsiders who attempted to overcome barriers to market entry through the use of unseemly methods, in particular related to the misuse of information. The postgraduate student considers legal acts regulating unfair competition in the field of information in various periods of time, starting from the section 10 bis of the Paris Convention for the Protection of Industrial Property of 1883, ending with the Law on the Protection of Competition, analyzes them. The postgraduate student also notes that in addition to the Law on Protection of Competition, modern legal regulation in the field of unfair competition on the misuse of information is carried out by legal acts belonging to different branches of law and having different legal force. In conclusion, the author made a proposal on the need to improve legislation by expanding the named forms of unfair competition associated with the misuse of information in the era of digitalization.
Keywords: unfair competition, information, defamation, misrepresentation, incorrect comparison, legally protected secret.
Article bibliography
1. Eremenko V. I. New version of the law on competition: achievements and miscalculations // Legislation and Economics. – 2003. – No. 2. – P. 37-46.
2. Kaminka A. I. Essays on commercial law. – St. Petersburg, 1911. – 349 p.
3. Gorodov O. A., Petrov A. V., Shmigelskaya N. A. Unfair competition: a teaching aid / Ed. O. A. Gorodova. – M.: Yustitsinform, 2020. – 324 p.
4. Parashchuk S. A. Prohibition of unfair competitionntions: general and special prohibitions // Business law. – 2023. – No. 2. – P. 2-9.
5. Parashchuk S. A. Concept and types of unfair competition in the draft amendments to the legislation on the protection of competition // Jurist. – 2015. – No. 1. – P. 15-22.
6. Shershenevich G. F. Course in commercial law. – St. Petersburg, 1908. – Vol. II. – 624 p.
7. Shreter V. N. Unfair competition // Collection of articles on civil and commercial law. – Moscow: Edition of the Bashmakov brothers, 1915. – P. 427-455.
8. Yudanov A. Yu. Competition: theory and practice. – M., 1998. – 384 pp.
9. Deutch M. Unfair Competition and the “Misappropriation Doctrine” – A Renewed Analysis // Saint Louis University Law Journal. – 2004. – No. 2. – R. 503-548.
CIVIL LAW
KUDRIN Anton Sergeevich
Ph.D. in Law, associate professor, associate professor of Public administration and history sub-faculty of the Perm National Research Polytechnic University; associate professor of Civil law disciplines sub-faculty of the Perm branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
ON THE ISSUE OF THE DEVELOPMENT OF COLLECTIVE AGREEMENT REGULATION IN RUSSIA: HISTORICAL ASPECTS
The article discusses some issues of the formation of collective contractual regulation in Russia. A number of aspects of the legal regulation of social and labor relations are analyzed. It is noted that collective agreements, depending on the historical stage, played a different role – from the legal and social protection of workers to a way to increase labor productivity. It is concluded that collective agreements and contracts should serve as a legal means of effective social dialogue between employers and employees in order to improve the working and living conditions of employees and ensure the development of social and labour relations.
Keywords: collective agreement, agreement, labour relations, state, evolution.
Article bibliography
1. Arkhipova B. A. Collective agreement and local regulation of labor at state socialist enterprises: author’s abstract. diss. … candidate of legal sciences. Moscow, 1971. P. 8-9.
2. Arkhipova B. A., Pisareva L. N. Collective agreement and trade union committee: manual. M.: Profizdat, 1988. Page 19.
3. The All-Union Communist Party (b) in resolutions and decisions of congresses, conferences and plenary sessions of the Central Committee (1898-1935) / Ed.: V. V. Adoratsky, A. N. Poskrebyshev, M. A. Savelyev, I. P. Tovstukha; Marx-Engels-Lenin Institute under the Central Committee of the All-Union Communist Party (b). – 5th ed., corrected and enlarged. M.: Partizdat, 1936. Page 66.
4. Goncharov A. F. History of the state and law of the USSR: in 2 parts / Ed. G. S. Kalinin. Part 2. M.: Legal Publishing House. lit., 1966. P. 264-265.
5. Kiselev I. Ya. Labor law of Russia. Historical and legal study. M.: INFRA-NORMA, 2001. P. 268-270.
6. Lushnikov A. M., Lushnikova M. V. Course of labor law: Textbook: In 2 volumes. Volume 2. Collective labor law. Individual labor law. Procedural labor law. M.: Statut, 2009. P. 155.
7. Nikolaevsky L. The first contract in Russia // Trade unions and economics. 1992. No. 4. P. 61-64.
8. Soviet labor law / Ed. N. G. Alexandrov. M.: State Publishing House of Legal. lit., 1949. P. 162-165.
9. Tatarnikova S. N. Collective agreement: development, conclusion, control over implementation. M.: Educational and Research Center of the Moscow Federation of Trade Unions, 2013. P. 10.
10. Labor law of Russia / Ed. A. M. Kurennoy. M.: Prospect, 2015. P. 156.
11. Labor law of Russia / Ed. A. S. Pashkov. SPb: Publishing house of St. Petersburg University, 1993. P. 84.
12. Schweitzer D. Collective agreement// Methodical materials of the All-Russian Union of Trade Unions. Issue. 2. M., 1948. P. 34.
13. Shvernik N. M. Tasks of trade unions in light of decisions of the 18th Congress of the All-Union Communist Party (Bolsheviks) // Trade Unions of the USSR. 1940. No. 4-5. P. 5.
CIVIL LAW
MAMAKHANOV Georgiy Sergeevich
postgraduate student of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
FORCE MAJEURE IN THE CONTEXT OF A CONSTRUCTION CONTRACT IN THE CONTEXT OF CHANGING REALITIES: FROM THE COVID-19 PANDEMIC TO ILLEGAL ACTIONS OF UNFRIENDLY COUNTRIES ON THE TERRITORY OF RUSSIA DURING THE SPECIAL MILITARY OPERATION
Nowadays, treaty parties are increasingly confronted with unforeseen circumstances that impede the fulfillment of their obligations. COVID-19 pandemic, which broke out in December 2019, and the resulting restrictions, sanctions of unfriendly countries aimed at weakening the economy of the country, as well as unfriendly military and technical actions – all these factors had a significant impact on the economy, including construction. The protection of rights and legalThe interests of the parties to the contract are of social importance, since it affects all objects of life support of the population. In this regard, it is more important than ever to highlight the facts that the parties may invoke as circumstances of force majeure and the gaps that require attention by the parties when entering into assignment contracts.
Keywords: construction contract, COVID-19 pandemic, sanctions of unfriendly countries, protection of the rights of parties under force majeure, insurmountable force, losses caused by failure to perform obligations, liability of parties.
Article bibliography
1. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation, dated December 1994 – No. 32. – Art. 3301.
2. Budman Sh. I., Pavlodsky E. A. Impossibility of fulfilling obligations in modern contract law // Problems of modern civil law. – M.: Gorodets, 2000.
3. Kuznetsov R. N. Correlation of categories of force majeure and force majeure in Russian civil law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2008. – No. 11.
4. Dzyuba I. A. Limits of possibilities for establishing in the contract conditions on limitation and release from liability // Law and Economics. – 2003. – No. 8.
5. Korshunova N. P. Force majeure: a new look at an old problem // Journal of Russian Law. – 2008. – № 3.
6. Ivanova S. N. Force Majeure Circumstances in Modern Civil Law. Diss. … Cand. Sci. (Law). – 2009.
7. Golovin N. M. The Phenomenon of Force Majeure: Civilistic Research. Diss. … Cand. Sci. (Law). – 2013.
8. Bogdanov D. V. Release from Liability and Its Exclusion in Russian Civil Law. Diss. … Cand. Sci. (Law). – 2012.
9. Skobeleva I. A. Terms of Agreements on Limitation and Exclusion of Liability. Diss. … Cand. Sci. (Law). – 2003.
10. Popov N. V. Theoretical and Practical Issues of Amending and Terminating a Civil Law Contract Due to Changes in Circumstances. Diss. … Cand. of Law. – 2007.
11. Frolov A. I. Emergency situation: civilistic aspect. Dis. … Cand. of Law. – 2013.
CIVIL LAW
MIKHAYLOVA Darya Vadimovna
assistant of Civil law sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg; Head of the Trademark Practice Z&G.Patent
THE CONTENTS OF THE REGISTER OF TRADEMARKS AND SERVICE MARKS AS A WAY TO DETERMINE THE LIMITS OF LEGAL PROTECTION OF TRADEMARKS AND SERVICE MARKS
The article analyzes the register of trademarks and service marks as the only publicly available source of knowledge about the limits of their legal protection. The content of the register is analyzed in order to determine what knowledge it provides about the legal protection of a registered trademark. The author argues for the need to expand the content of registries in order to ensure the implementation of the principles of reliability and publicity of the registry. In particular, the author notes the need for public posting of a textual description of the registered designation, indicating the elements included in it and, if necessary, their transliteration, as well as the type of trademark.
Keywords: trademark, trademark registration, trademark registry, limits of legal protection of trademarks.
Article bibliographic list
1. Novoselova L. A., Grin’ E. S. Principles of state registration of the results of intellectual activity and means of individualization // Lex Russica. – 2019. – No. 7. – P. 9-18.
2. Kolzdorf M. A. Protocol No. 19 of the meeting of the Scientific Advisory Council at the Court for Intellectual Property Rights of the Russian Federation // Journal of the Court for Intellectual Property Rights. – 2018. – No. 21. – P. 7-29.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE EVIDENTIARY VALUE OF A SPECIALIST’S CONCLUSION ON A PREVIOUSLY CONDUCTED FORENSIC MEDICAL EXAMINATION OF A PATIENT’S DISPUTE WITH A PLASTIC SURGERY CLINIC
The article examines the evidentiary value of a specialist’s conclusion on a previously conducted forensic medical examination of a patient’s dispute with a plastic surgery clinic. The concept and consequences of defects in medical care are revealed. It is noted that expert opinions are not without problems, since experts are not without prejudice and may idealize standards of medical care or fail to adequately take into account the context in which medical care was provided. The reasons for the production, the concept, the essence of the review (consultation, explanation) of a specialist for the conclusion of the examination are given. It is established that the main element of the review of the examination is the identification of errors in the expert’s opinion. It is noted that the review by a specialist of the conclusion of a forensic examination is not regulated by law, therefore there is no clarity in understanding the review of the conclusion of a forensic examination and its application as evidence in court proceedings. It is concluded that if a specialist gives advice, making judgments or clarifying questions about the circumstances that are part of the subject of proof in the case, the specialist’s consultation should have the status of evidence. It is proposed to establish normatively that a specialist can be involved in the process to provide a review of the conclusion of a forensic examination.
Keywords: specialist, expert opinion, review, consultation, examination, forensic examination, expert.
Bibliographic list of articles
1. Dyakonova O. G. Expert review of the forensic examination report: concept, essence, regulatory framework // Journal of Russian Law. 2023. No. 4. P. 84-97.
2. Zhukov S. P., Viter V. I . Legal assessment of medical evidence. Izhevsk, 2004.
3. Zernov S. I. On the issue of reviewing an expert’s opinion on claims in civil and arbitration proceedings // Arbitration and civil procedure. 2021. No. 1.
4 . Linev A. N. On the issue of the procedural status of a review of an expert’s opinion // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020. No. 1.
5. Orlov Yu. K. Modern problems of proof and the use of special knowledge in criminal proceedings: scientific .-study guide. M., 2016.
6. Rossinskaya E. R. Code of Administrative Procedure and Problems of Unification of Legislation on Forensic Activity // Administrative Law and Process. 2014. No. 2.
7. Starchikov M. Yu. Civil-legal regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical manual // SPS ConsultantPlus. 2022.
8. Stelmakh V. Yu. Expert opinion in criminal proceedings: legal nature and prospects for use in proof // Electronic supplement to the “Russian Law Journal”. 2017. No. 4.
CIVIL PROCEDURE
PETROV Igor Valentinovich
Ph.D. in economical sciences, professor, professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
DEMENTEEVA Irina Iljinichna
Ph.D. in Law, associate professor, associate professor of Labor and civil law sub-faculty of the Kuban Institute of Socio-Economics and Law (branch) of the Academy of Labor and Social Relations, Krasnodar
CURRENT TRENDS IN THE USE OF DIGITAL TECHNOLOGIES IN CIVIL AND ARBITRATION PROCEEDINGS
The purpose of this work is to identify regulatory gaps in the regulation of electronic evidence. The issues of introducing artificial intelligence, determining the legal status of the presented technology are studied. The authors study the ethical aspects of using AI and compare definitions, including data from the National Strategy for the Development of Artificial Intelligence. The introduction of digital technologies in civil and arbitration proceedings will make a significant contribution to removing the problems of making court decisions in civil cases in a remote format.
Keywords: information technology, artificial intelligence, digitalization, electronic evidence, electronic signature.
Article bibliography
1. Budylin S. L. Electronic message as a document and evidence // Law. – 2014. – No. 10. – P. 45-61.
2. Vekhov V. B. Computer crimes, methods of committing investigation methods. – M., 1996. – 182 p.
3. Kozhich I. S. Digitalization of civil procedure// Young scientist. – 2022. – No. 20 (415). – P. 306-307.
LABOR LAW AND SOCIAL SECURITY LAW
ALIEV Shapi Izievich
Ph.D. in sociological sciences, Ph.D. in Law, associate professor, Head of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ALIEV Ali Shapievich
lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, Makhachkala
SOCIAL PARTNERSHIP AS A FORM OF COOPERATION
Modern society, facing multiple challenges of globalization, economic crises and social inequality, needs new forms of interaction and cooperation. Social partnership becomes a tool capable of solving complex and multifacetedproblems, such as improving working conditions, raising the standard of living of the population, developing education and health. It is important to note that the successful functioning of the social partnership system requires an active and engaged position of all stakeholders, as well as legislative and institutional support.
Social partnership involves interaction between the state, business and civil society. Trust among all stakeholders is a key factor in successful social partnership. To form and maintain it requires transparent interaction, openness in discussions and decision-making, as well as respect for the interests and needs of each party. It is important to consider that social partnership does not have rigid and unified schemes, it is built on flexibility and ability to adapt to changing conditions and the specifics of a particular region or community.
Keywords: institute of social partnership, regulation of social relations, balance, analysis of mechanisms of interaction.
Bibliographic list of articles
1. Balandina T. M., Petrov N. R. Improving social partnership in the context of the current stage of socio-economic development of Russia // Bulletin of the Saratov University. New series. Series: Sociology. Political Science. – 2019. – V. 19. No. 4. – P. 423-426.
2. Barabanov A. Potential of social partnership in modern Russia // Bulletin of St. Petersburg State University. Sociology. – 2019. – Vol. 12. Issue. 3 – P. 78-89.
3. Jakhongir A. B. u. The relationship between social partnership and social justice in the development of civil society // Current scientific research in the modern world. – 2019. – No. 3-6 (47). – P. 120-124.
4. Kazakova S. N. The role of social partnership in solving urgent socio-economic problems // Bulletin of the Moscow Humanitarian and Economic Institute. – 2019. – No. 3. – P. 58-62.
5. Social partnership and social protection of workers: study guide / L. S. Morozova [et al.]. – M .: Alfa-M: INFRA-M, 2018. – 272 p.
LABOR LAW AND SOCIAL SECURITY LAW
VLADIMIROVA Oksana Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SEMENOV Danila Timurovich
cadet of the Samara Law Institute of the FPS of Russia
KADYNTSEVA Mariya Andreevna
cadet of the Samara Law Institute of the FPS of Russia
SUPPORT FOR LARGE FAMILIES: REGIONAL EXPERIENCE
The article is devoted to the analysis of regional support for large families in the Russian Federation, the key aspect of which is the adaptation of state support to local conditions and needs. Large families, as an important element of the social structure, play a central role in the demographic and social policy of the country. Supporting these families not only helps to increase the birth rate, but also stimulates the social and economic development of the regions.
Attention is paid to regional programs of Tatarstan, Bashkortostan and the Penza region, which demonstrate a variety of approaches to solving the problems of large families through social payments, housing initiatives, medical care and educational support. Examples of specific measures aimed at improving the lives of large families are given, and their effectiveness is assessed.
Keywords: large families, regional support, demographic policy, social development, economic development, Tatarstan, Bashkortostan, Penza region, social payments, housing initiatives, medical care, educational support, program effectiveness, long -term demographic development.
Bibliographic list of articles
1. Demographic yearbook of the Republic of Tatarstan. Statistical collection // Tatarstan-stat. – Kazan: Publishing center of Tatarstanstat, 2019. – 159 p.
2. Esina K. S., Yunusbaeva V. F. Measures of social support for large families in the Russian Federation // Conference proceedings of the Research Center Sociosphere. – 2013. – Issue No. 33 . – 178 p.
3. Ildarkhanova Ch. I., Ibragimova A. A. Quality of life of large families (case of the Republic of Tatarstan) // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. Series: Social Sciences. – 2021 . – No. 1 (61). – P. 73-82.
4. Nazarova G. I. State support for large families in the Republic of Bashkortostan // Economy and Society. – 2017. – No. 4 (35). – P. 992-995.
5. Plemyannikova Yu. I. Support for large families in the Penza region // Models, systems, networks in economics, technology, nature and society. – 2013. – No. 3 (7). – P. 276-280.
LABOR LAW AND SOCIAL SECURITY LAW
GORELOV Roman Olegovich
postgraduate student of the Russian State University of Justice
PROBLEMS OF LEGAL REGULATION OF FIXED-TERM EMPLOYMENT CONTRACTS
In this article we will analyze the problems of regulating fixed-term labor relations, the trends in the development of fixed-term labor relations, and their practical application at present. Let’s consider the issues of deterioration of the legal status of an employee performing a labor function under a fixed-term employment contract in comparison with an employee performing the same labor function in homogeneous conditions under an employment contract concluded for an indefinite period and when such situations are possible. Possible adjustments to the labor legislation of the Russian Federation are considered to contribute to the protection of the rights of workers, including categories of citizens in need of increased state protection, improving the legal status of workers, ensuring a balance of labor relations within the framework of fixed-term legal relations.
Keywords: employee, fixed-term employment relationship, protection of employees’ labor rights, employer dominance, abuse of rights, fixed-term employment contract , employer, term.
Article bibliography
1. Abalduev V. A. “Multiple” fixed-term employment relations: how to protect the rights and interests of employees ( experience of Russian justice) // Journal of Russian Law. – 2021. – Vol. 25. No. 4.
2. Batusova E. S. Fixed-term employment contract as a form of atypical employment in Eastern European countries // Law. – 2019. – No. 11.
3. Ershova E. A. Labor law in Russia. – M.: Statute, 2007.
LABOR AND SOCIAL SECURITY LAW
KOZHUKHOVA Galina Stanislavovna
senior lecturer of Civil law sub-faculty of the Rostov branch of the Russian State University of Justice
KOLODKINA Vera Nikolaevna
associate professor of Civil law sub-faculty of the Rostov branch of the Russian State University of Justice, retired judge
ANALYSIS OF SOME CHARACTERISTICS OF TYPES OF EMPLOYMENT CONTRACT
The article discusses some features of the conclusion of fixed-term employment contracts with certain categories of employees. An employment contract, being a key institution of labor law, regulates labor relations from the moment of their occurrence. At the heart of the classification of employment contracts, labor law theorists consider various signs and characteristics, but there is no single classification of contracts. Due to the social and economic changes that are taking place in society, new types of labor relations are emerging. The legislator does not always keep up with the changes taking place in society promptly, therefore, new labor relations are not regulated or are not fully regulated by the norms of law. According to the authors, the appearance of atypical labor relations should not violate existing guarantees of labor rights.
Keywords: employment contract, fixed-term employment contract, the content of the employment contract, the specifics of including an employment contract with certain categories of employees.
Bibliographic list of articles
1. Orlovsky Yu. P. Labor legislation in the twenty-first century // “Law and Economics”. – 2021. – No. 1. [Electronic resource]. – Access mode: http://www.consultant.ru/.
1. Lushnikova M. V., Lushnikov A. M. Course in labor law. Textbook in 2 -x volumes. T. 2. – M.: Statut, 2009. – P. 357.
2. Varshavsky K. M. Labor Law of the USSR. – M.: Legal Literature, 1924. – P. 148. [ Electronic resource]. – Access mode: http://www.consultant.ru/.
3. Bezina A.K., Bikeev A.A., Safina D.A. Individual contractual regulation of labor of workers and employees.- Kazan: Kazan University Publishing House, 1984.
4. Gusov K. N. Labor contracts in labor law during the formation of a market economy: author’s abstract. dis. … for the candidate’s academic degree. Doctor of Law. [Electronic resource]. – Access mode: http://www.consultant.ru/.
5. Tolkunova V. N. Labor law. – M.: Prospect, 2013. – P. 114-115.
6 . Tkachenko S. V., Kudryashov A. V., Tkachenko V. V. Employment contract: theory and practice. – Samara, 2017. [Electronic resource]. – Access mode: http://www.consultant.ru/.
7. Zakalyuzhnaya N.V. Legal regulation of atypical labor relations. Monograph. – M.: Contract, 2013. [Electronic resource]. – Access mode: http://www.consultant.ru/.
TRADE LAW
VASILEVSKIY Ivan Stanislavovich
magister student of the O. E. Kutafina Moscow State Law University (MSAL), FAS Russia, Moscow
OVERCOMING A CORPORATE DEADLOCK COMPLICATED BY THE EQUAL DISTRIBUTION OF SHARES OF THE AUTHORIZED CAPITAL OF A LIMITED LIABILITY COMPANY BETWEEN PARTICIPANTS, BY FORCIBLY EXCLUDING A PARTICIPANT
This article examines the current practice of the Supreme Court of the Russian Federation regarding the resolution of the issue of excluding a founding member from a limited liability company when resolving a corporate conflict (deadlock – from the English deadlock), complicated by the equal division of the authorized capital between two founding members.
The purpose of the study was to determine the approach of the Supreme Court to resolving this situation, determining the methods of proving the need to exclude a member.
The research methods were general and special, such as: synthesis, induction, deduction, analysis, comparison, review of judicial practice, analysis of legislation, interpretation of laws, etc.
The results of the study were the identification of the approach of current judicial practice to resolving the problem of deadlock and methods of proving the validity of excluding a member from the company.
The Supreme Court notes that the main objective of excluding a member from the company is to prevent the preservation of a situation in which other participants are largely deprived of what they had the right to expect when concluding an agreement on the establishment of the company or joining it.
The court also notes that in order to prove the need to exclude a participant, It is necessary to present project documentation of the company’s activities or other documents reflecting the stages of implementation of the statutory goals. In this case, it is necessary to prove the fact that in the event of the participant’s exclusion, the company will be able to carry out the relevant activities.
Keywords: exclusion from LLC, corporate conflict, deadlock, judicial practice, corporate law.
Article bibliography
1. Gutnikov O. V. Exclusion of a participant in a legal entity: measure of responsibility and method of protecting corporate rights // Bulletin of Economic Justice of the Russian Federation. – 2015. – No. 2. – P. 102- 127.
2. Kuznetsov A. A. Exclusion of a participant from a limited liability company. – M.: Statut, 2014.
3. Lomakin D. V. Corporate legal relations: general theory and practice of its application in business entities. – M.: Statut, 2008. – 425 p.
4. Scientific and practical commentary to the Federal Law “On Limited Liability Companies”. Ed. by I. S. Shitkina. – Volume 1 ed. – M.: “ Statute”, 2021. – 622 p.
5. Sikachev M. N. Features of changing and terminating an agreement on the establishment of a legal entity // “Legislation and Economics”. – 2013. – No. 10.
BUSINESS LAW
OSIPOV Alexander Sergeevich
postgraduate student of the 1st course of the O. E. Kutafin Moscow State Law University, Head of the Department of the “State Corporation Deposit Insurance Agency”
LEGAL REGULATION OF CREDIT CORPORATIONS MANAGEMENT DURING THE TEMPORARY ADMINISTRATION PERIOD
The article is devoted to the legal regulation of the management of credit corporations during the period of temporary administration.
Particular attention is paid to the issues of managing credit institutions during the crisis period after the appointment of a temporary administration. The provisions of the law concerning the reduction of the powers of the executive bodies of credit institutions are analyzed. Two alternative consequences have been identified: either the suspension of the powers of the executive bodies or their restriction. The criteria for making such decisions by the Bank of Russia are considered.
An opinion is expressed on the essence of the temporary administration, while the issue of managing credit institutions during the period of temporary administration requires further development in the doctrine, taking into account changes in legislation.
Keywords: credit corporations, temporary administration, powers of executive bodies, suspension of powers, restriction of powers, Bank of Russia, bankruptcy of a credit institution.
Article bibliography
1. Ivanenko N. A. On the issue of appealing the actions (inaction) of the temporary administration of a credit institution // Arbitration and civil procedure. – 2019. – No. 12. – P. 8-13.
2. Ivanenko N. A. Procedural features of bankruptcy of credit institutions : diss. … cand. jurid. sciences. – M., 2020.
3. Kobenya R. R. Legal nature of the temporary administration // Gaps in Russian legislation. – 2019. – No. 4. – P. 145-148.
4. Mogilevsky S. D., Samoilov I. A. Corporations in Russia: legal status and principles of activity: Textbook. manual. – Moscow: Delo, 2006. – 280 p.
5. Popondopulo V. F. Russian system of legislative regulation of relations bankruptcy: status and development trends // Jurist. – 2021. – No.5. – P. 10-16.
6. Tarasenko O. A. Bankruptcy of credit institutions: features and problems of legal regulation // Actual problems of Russian law. – 2016. – No. 8 (69) August. – P. 84-95.
7. Shitkina I. S. Executive bodies of a business entity: monograph. – Moscow: Statute, 2022. – 316 p.
COMMERCIAL LAW
KHANCHUKAEVA Luiza Aptievna
postgraduate student of Business law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PRICE ABUSE OF DOMINANCE BY DIGITAL PLATFORMS OPERATORS
Because of the tendency of increasing amount of price violations of antitrust legislation by platform business owners, the study of the legal aspects of price abuses of a dominant position by digital platforms operators is of particular relevance. Using the example of actions to impose contractual conditions on price parity clause, the author attempts to study the permissible legal limits of the influence of digital platform operators on the pricing of suppliers of goods and services presented on the platform. Based on the results of the study, the author comes to the conclusion that if sellers of goods and services do not have the opportunity to refuse contractual terms that limit the freedom of their pricing, including conditions on price parity, without losing the basic benefits of using a digital platform, the corresponding actions of the digital platform owner should be assessed as anticompetitive, constituting price abuse of a dominant position using digital platforms.
Keywords: dominant position, abuse of dominant position, price abuse, price parity clause, digital platform, digital market.
Article bibliography
1. Alekseenko A.P. Chinese approach to counteracting anticompetitive agreements and abuse of dominant position of e-commerce platforms // Jurist. 2021. No. 8. P. 72-77.
2. Bashlakov-Nikolaev I. V., Maksimov S. V. Resolution of the Plenum of the Supreme Court of the Russian Federation on the application of antimonopoly legislation by the courts: scientific and practical commentary. Moscow: Prospect, 2022. 184 p.
3. Volos A. A. Freedom of contract and its limits in the digital environment // Bulletin of Perm University. Legal sciences. 2024. No. 2. P. 254-273.
4. Egorova M. A. Legal regimes of anticompetitive actions: monograph. Moscow: Yustitsinform, 2021. 244 p.
5. Zhmulina D. A. Electronic commerce through digital platforms: trends and prospects // Competition law. 2023. No. 4. P. 17-19.
6. Kozhemyakin D. V., Mironova S. M. Antimonopoly aspects of the activities of digital platform operators in the gig economy // Law. 2024. No. 3. P. 150-159.
7. Parashchuk S. A. Legal foundations of the state competition policy of Russia // Business law. 2019. No. 2. P. 63-70.
8. Petrov D. A. Legal mechanisms of price and non-price competition // Competition law. 2024. No. 3. P. 22-26.
9. Popondopulo V. F. Pricing as a condition for the formation of market competition // Banking law. 2024. No. 1. P. 57-65.
10. Popondopulo V. F., Petrov D. A., Silina E. V. Problems of Legal Protection of Economic Competition in the Context of Digitalization of the Economy // Competition Law. 2019. No. 3. P. 7-11.
11. 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. Moscow: Yustitsinform, 2024. P. 244. 520 p.
12. Savelyev A. I. Scientific and Practical Article-by-Article Commentary to the Federal Law “On Personal Data”. 2nd ed., revised and enlarged. Moscow: Statut, 2021. 468 p.
13. Kharitonova Yu. S., Sun Qi. Digitalization of Public Relations and the Rule of Law: Experience of Rethinking in Russia and China // Civil Law. 2022. No. 2. Pp. 3-8.
14. Shaikheev T. I. Price Violations of Antimonopoly Legislation // Information and Analytical Journal “Arbitration Disputes”. 2016. No. 4. P. 133-146.
CORPORATE LAW
SMETANIN Anton Igorevich
lawyer, in 2007 graduated from the Faculty of Law of the M. V. Lomonosov Moscow State University
CORPORATE DISPUTE AS A SUBJECT OF COURT PROCEEDINGS: CRITERIA AND ISSUES OF DIFFERENTIATION
In order to determine the rules of legal proceedings applicable to the resolution of a particular dispute, it is necessary to determine its legal nature. When corporate defining disputes, the legislator drew attention to their features and provided a certain list of such disputes, which acts as a guide for law enforcers, however, in order to form a more accurate, broad and practically significant idea of corporate disputes, it is necessary to be based on the essence of relations that precede and are a necessarycondition for the emergence of corporate disputes – corporate relations. Another question is how feasible it is in the case of discrepancies in the regulation of substantive and procedural aspects of this type of cases. The article is aimed at highlighting the legal reality in the procedural regulation of consideration and resolution of corporate disputes in the context of their qualification on the basis of the Russian legislation.
Keywords: corporate disputes, corporate relations, qualification criteria, procedural legislation, substantive legislation.
Article bibliography
1. Andreev V.K., Laptev V.A. Corporate law of modern Russia: monograph. 3rd ed., revised and enlarged. – Moscow: Prospect, 2023. – 432 p.
2. Bonner A.T.K. Marx on the relationship between substantive law and process // Jurisprudence. – 1978. – No. 4. – P. 23-31.
3. Vyalykh E. I. Procedural Features of Consideration of Corporate Disputes in the Russian Federation: dis. … Cand. of Law. – Voronezh, 2018. – 251 p.
4. Gabov A. V., Molotnikov A. E., Glazkova M. E. Jurisdiction of a Corporate Dispute from the Standpoint of Interpretation of the Norms of Substantive and Procedural Law // Legislation. – 2013. – No. 11. – P. 56-71.
5. Civil Procedural Law: textbook: in 2 volumes / T. K. Andreeva, S. F. Afanasyev, V. V. Blazheev et al.; edited by P. V. Krasheninnikov. 2nd ed., revised. and add. – Moscow: Statut, 2022. Vol. 2: Special Part. Proceedings by Individual Categories. – 348 p.
6. Terentyev A. V. Corporate Disputes in Modern Russian Legislation // Electronic Supplement to the Russian Law Journal. – 2019. – No. 3. – P. 69-74.
CORPORATE LAW
TRETYAKOV Roman Vadimovich
postgraduate student of Arbitration process sub-faculty of the Saratov State Law Academy
QUESTIONS OF DEFINITION OF THE CONCEPT OF CORPORATE CONFLICT
This study raises the issue of the modern understanding of the concept of corporate conflict. The purpose of the study is to form a new interpretation of corporate conflict based on the established legal doctrine. The study was conducted through the study of scientific and legal literature and regulatory legal acts. At the same time, the article analyzes existing approaches to defining corporate conflict as a legal phenomenon, and assesses their completeness and validity.
Keywords: corporate conflict, cause of conflict, reason for conflict, corporate control, corporate assets.
Article bibliography
1. Gabov A. V. Interested party transactions in the practice of joint-stock companies: problems of legal regulation [Text]. – M.: Statut, 2005. – 410 p.
2. Danelyan A. A. Corporations and corporate conflicts: dis. … Cand. of Law [Text]. – M., 2006. – 160 p.
3. Dedov D. I. Conflict of interest [Text]. – M., 2004. – 272 p.
4. Makarova O. A. Corporate Law: Textbook [Text]. – M.: Publishing House Yurait, 2023. – 514 p.
5. Nikologorskaya E. I. Settlement of corporate conflicts in shareholder legal relations [Text] // Laws of Russia: experience, analysis, practice. – 2007. – No. 7. – P. 46-51.
ENVIRONMENTAL LAW
KABYSH Natalia Faridovna
Ph.D. in biological sciences, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ECOLOGY IN DAGESTAN: CURRENT STATE AND CURRENT PROBLEMS
The article analyzes the state of the environment and environmental problems of Dagestan. In recent decades, the state of the environment in Dagestan has caused serious concern among both local residents and environmental scientists. The main problems of the region are pollution of reservoirs, land degradation and deforestation. Due to active human activity and insufficient control over compliance with environmental standards, many natural resources of the region are under threat, which can lead to serious environmental and economic consequences. One of the most acute problems is the pollution of rivers and lakes, which is primarily associated with unauthorized discharges of domestic and industrial wastewater. This has a negative impact on the quality of drinking water and the biodiversity of the water areas. Agriculture, which is an important economic sector of Dagestan, also has a significant impact on the ecology of the region. Improper use of land resources, excessive use of fertilizers and pesticides leading to deterioration of soil quality and environmental pollution. It is impossible not to mention the problem of deforestation, which leads to loss of biodiversity and disruption of the ecological balance. Active public participationn and attracting investments in the field of ecotourism can contribute to the preservation of the unique natural landscapes of the region.
Keywords: Dagestan, environment, water pollution, destruction of forests, unique landscapes, environmental problems.
Article bibliography
1. Zalibekov Z. G. Desertification processes and their influence on soil cover. – Moscow: Nauka, 2000. – 178 p.
2. Lepekhina A. A. Flora and vegetation of Dagestan. – Makhachkala, 2002. – 350 p.
3. Magomedov M. R-D. Modern environmental problems of Dagestan // South of Russia: ecology, development. – 2006. – No. 4. – P. 89.
4. Environmental protection in Dagestan. ed. Gadzhiev A.G. – Makhachkala, 1987. – 128 p.
ECOLOGICAL LAW
SMIRNOVA Anastasiya Vladimirovna
postgraduate student of Land and environmental law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia: Deputy chief administrative and legal department of case management Ministry of natural resources and ecology of the Russian Federation
URBAN PLANNING STANDARDS AS A BASIS FOR THE OBSERVANCE OF THE HUMAN RIGHT TO A FAVORABLE ENVIRONMENT
The study is devoted to assessing the impact of urban planning standards in the process of urban planning activities on ensuring a favorable environment in dense urban development. In the work, the author substantiates the need to amend the legislation of the Russian Federation and introduce new approaches to the design of urban planning standards in order to create favorable living conditions.
Keywords: “green” construction, standards of urban planning, urban planning activities, a favorable environment.
Article bibliography
1. Vakula M.A., Umnova-Konyukhova I.A. Environmental law in the 21st century: current problems, challenges and solutions. Monograph. Moscow, RUDN University, 2021.
2. Pakhomov S., Stepashin S., Slutskaya M., Bashmakov I., Bulgakova I., Dzyuba G., Polukhina D., Sivaev S., Kvasha E., Genzler I., Lykova T. Energy efficiency of housing. Opinions // Bulletin of the Accounts Chamber of the Russian Federation: electronic journal. 2023. No. 8. Pp. 68-90.
3. Trunova N. Report on the results of the expert-analytical event “Analysis of factors influencing the increase in energy efficiency of apartment buildings in the context of the global energy transition” // “Bulletin of the Accounts Chamber of the Russian Federation”. 2023. No. 8.
4. Kichigin N. V. Environmental potential of urban planning instruments // Environmental and legal problems of sustainable development of settlements: Abstracts of reports of the scientific and practical conference / Under the general editorship of E. L. Minina. M., 2013. P. 24.
5. Trutnev E. K. Urban regulation. Legal support for urban planning: alternative models of legislation and a program for correcting its errors. M., Institute of Urban Economics. 2019. P. 682.
6. Zhigachev A. V. On the Importance of Urban Development Standards in Urban Development Relations // Information and Legal System “ConsultantPlus”. 2012.
ENVIRONMENTAL LAW
SUKHOVA Elena Alexandrovna
Ph.D. in Law, associate professor of Land and environmental law sub-faculty of the Saratov State Law Academy
ABANINA Elena Nikolaevna
Ph.D. in Law, professor, Head of Land and environmental law sub-faculty of the Saratov State Law Academy
VOLUNTARY CARBON MARKET: MECHANISM OF FUNCTIONING, ADVANTAGES, FOREIGN EXPERIENCE OF LEGAL REGULATION
The article is devoted to the study of development trends, advantages and potential problems of the functioning of voluntary carbon unit markets. The article reveals the categories of carbon markets: mandatory (regulated) and voluntary. The greatest attention is paid to the analysis of the mechanism of functioning of voluntary carbon markets. In order to find the best foreign practices, a study was conducted of the legal and organizational experience of Brazil and India, which are making efforts to finance climate projects and technologies to achieve zero carbon dioxide emissions by 2050. The advantages and disadvantages of modern voluntary carbon markets and their legal support are noted. In conclusion, approaches of foreign countries are defined that can be used as a positive experience that can be used in Russia when forming a voluntary market of carbon units.
Keywords: voluntary carbon market, reduction of greenhouse gas emissions, carbon units, climate project.
Article bibliography
1. Korytsev M.A., Morozov S.A. Greenhouse gas emission trading systems: analysis of international experience and prospects for application in Russia // State and municipalcentral management. Scientific notes. 2023. No. 1. P. 89-96.
2. Skvortsova M. A., Tyaglov S. G. Formation and development of the Russian market of carbon units // Journal of Economic Regulation. 2022. Vol. 13. No. 4. P. 89-98.
3. Reshetnyak D. N., Mokhunov V. Yu., Guly N. I., Stenyakin S. S. Leading standards of voluntary carbon markets for use in Russia // Subsoil use of the XXI century. 2023. No. 3-4. P.15-27
CRIMINAL LAW
ALIEV Shapi Izievich
Ph.D. in Law, Ph.D. in sociological sciences, associate professor, Director of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, Head of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the Dagestan State University, branch in Izberbash
PAYZULAEVA Burliyat Aigumovna
Ph.D. in Law, Deputy Director for Educational Work of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
PECULIARITIES OF APPLICATION OF THE INSTITUTE OF ACTIVE REPENTANCE IN THE NORMS OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article analyzes the peculiarities of application of the institution of active repentance in the norms of the Criminal Code of the Russian Federation. The authors note that one of the key aspects of application of the institution of active repentance is the establishment and verification of sincerity and good faith repentance of a person who committed a crime. Courts and investigative bodies should assess the extent to which the actions of the accused or suspect actually contribute to the establishment of the truth in the case and the elimination of the consequences of the criminal act. For this approach, both material evidence, in addition to the testimony of the repentant person himself or herself, and the reasoned conclusions of investigators and prosecutors are important.
It should be noted that the institution of active repentance in the Criminal Code of the Russian Federation is one of the ways to achieve justice and humanity in criminal proceedings. Implementation of such a legal mechanism promotes greater involvement of citizens in legal processes, strengthening of law and order and stimulates offenders to reconsider their anti-social actions, generating positive changes for both individuals and society as a whole.
Keywords: active repentance, court judgment, legal uncertainty, humanism, improvement of legislation.
Bibliographic list of articles
1. Commentary on the Criminal Code of the Russian Federation (article-by-article) / Ed. A. I. Chuchaeva. – M.: Contract, 2016. – 624 p.
2. Kokhan M. S. The Importance of Active Repentance as a Basis for Exempting a Person from Criminal Liability // Crimean Academic Bulletin. – 2017. – No. 2. – P. 90-98.
3. Knyazkov A. A. Problems of Distinction and Normative Modernization of Conditional and Unconditional Types of Exemption from Criminal Liability // Laws of Russia: Experience, Analysis, Practice. – 2016. – No. 8. – P. 55-60.
4. Protsenko S. V. On the Need to Amend the Rules Governing Exemption from Criminal Liability // Russian Investigator. – 2017. – No. 12. – P. 21-24.
5. Rubanova S. N. Main Directions for Optimizing the Normative Regulation of Notes to Articles of the Criminal Code of the Russian Federation // Society and Law. – 2017. – No. 2. – P. 165-170.
CRIMINAL LAW
ARDASHEV Roman Georgievich
Ph.D. in Law, Ph.D. in philosophical sciences, Head of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty of the Institute of Social Sciences of Irkutsk State University
LESNIKOVA Darya Igorevna
student of the 4th course of Jurisprudence sub-faculty of the Institute of Economics, Management and Law of the Irkutsk National Research Technical University
ON THE ISSUE OF NON-TRADITIONAL METHODS OF SOLVING CRIMES OF THE PAST YEARS
The authors consider the problems of the poor quality of the work of investigators on unsolved crimes of the past years. The pseudoscientific basis of some “non-traditional” methods of crime detection is shown. A critical assessment of the statements of a number of authors about the application of special knowledge in this category of cases is given. Some positive directions for improving the efficiency of crime detection are given.
Keywords: crimes of the past, unsolved crimes, special knowledge, pseudoscience, non-traditional methods.
State Biblegraphical list
1. Samiev N. M. Investigation of unsolved crimes of past years (based on materials from the Republic of Tajikistan and the Russian Federation): specialty 12.00.12 “Criminalistics; forensic activity; operational-search activity”: abstract of a dissertation for the degree of candidate of legal sciences. – Moscow, 2017. – P. 4
2. Protasevich A. A., Obraztsov V. A., Bogomolova S. N. et al. Monologues. Forensic scientists about their science, designed to adequately counter modern crime. – Irkutsk: Irkutsk State. Economic Academy, 1999. – P. 23-27.
3. Kitaeva V. N. The relationship between cruelty to animals and criminal behavior // Legality. – 2007. – No. 12 (878). – P. 42-45.
4. Ishchenko E. P., Vodyanova N. B. Algorithmization of investigative activity: monograph. – Moscow: Yurlitinform, 2010. — 302 p.
5. Shatalov A. S. Problems of algorithmization of crime investigation: specialty 12.00.09 “Criminal procedure”: dissertation for the degree of Doctor of Law. – Moscow, 2000. – 411 p.
6. Protopopov A. L., Ardashev R. G. Issues of using special knowledge in crime investigation: monograph. – Ulan-Ude: Dorzhi Banzarov Buryat State University, 2020. – 252 p.
7. Sokol V. Yu. The Protracted Triumph of Reflection Theory in Domestic Forensic Science: Monograph. – Krasnodar: ASV Polygraphy, 2019. – 324 p.
8. Kitaeva V. N., Kitaev N. N., Ardashev R. G. On the Danger of Pseudoscience Penetration into Forensic Science and Operational-Investigative Activities // Law and Right. – 2016. – No. 7. – P. 168-171.
9. Kruglyakov E. P. “Scientists” from the Highway-2 / RAS, Commission for Combating Pseudoscience and Falsification of Scientific Research. – Moscow: FSUE “Academic Scientific Publishing, Production, Printing and Book Distribution Center “Nauka”, 2006. – P. 96-119.
10. Kitaev N. N., Negreeva M. B., Shenderov V. A. Identification Possibilities of Biomechanical Expertise in Forensic Science // Bulletin of Forensic Science. – 2007. – Issue 2 (22). – P. 61-63.
11. Kitaev N. N. Psychophysiological Expertise – “Illegitimate Child” of the ORD // Legality. – 2007. – No. 3 (869). – P. 37-40.
12. Maltsev V. V. On the Concept of Unconventional Research Methods in Forensic Science // Far Eastern Forensic Readings. – Vladivostok, 1999. Issue 4. – P. 88.
13. Plotkin D. M., Ishchenko E. P. The latest methods of examining material evidence in forensic science: a scientific and practical manual. – Ryazan. 2005. – P. 154-204.
14. Ardashev R. G., Kitaev N. N., Kitaeva V. N. The essence and definition of the concept of “exposure of the guilty” in forensic science // Law and Right. – 2018. – No. 3. – P. 154-156.
15. Ardashev R. G., Arkhipova A. N., Kitaev N. N. The use of the factor of “personal interest” of operatives by the investigator in solving murders “without a corpse” // Law and Right. – 2016. – No. 5. – P. 162-164.
16. Shamurzaev T. T., Ardashev R. G. Activities of law enforcement agencies in searching for missing persons and corpses of victims: monograph. – Bishkek: Kyrgyz-Russian Slavic University, 2022. – P. 43-45.
17. Obraztsov V. A., Bogomolova S. N. Forensic psychology. – Moscow, 2002. – P. 273-299.
18. Kitaev N. N. Hypnosis in forensic science // Legality. – 2004. – No. 6. – P. 55-56.
19. Kitaev N. N., Kitaeva V. N. The use of hypnosis in the search for a human corpse: problematic issues // Law and Right. – 2018. – No. 12. – P. 142-144.
20. Ardashev R. G., Turkova V. N. Problematic issues of non-traditional methods in forensic science // Law and Right. – 2018. – No. 6. – P. 130-131.
21. Arkhipova A. N., Kitaev N. N., Kitaeva V. N. Issues of solving and investigating murders “without a corpse”: monograph. – Irkutsk: Publishing house of IRNITU, 2018. – P. 71-104.
22. Protopopov A. L. Investigation of serial murders. – St. Petersburg: Publishing house of St. Petersburg state. University, 2006. – P. 166.
23. Kitaev N. N. “Forensic psychic” Wolf Messing: truth and fiction / Federal Agency for Education, Baikal state. University of Economics and Law. – Irkutsk: Publishing house BGUEP, 2006. – P. 39.
CRIMINAL LAW
ALIEVA Kamilla Ziyavudinovna
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 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 liability are 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.
Bibliographic list of articles
1. Borzenkova K. Yu. Features of the application of compulsory medical measures // Youth and the XXI century – 2018: materials of the VIII International youth scientific conference, Kursk, February 21-22, 2018 / South-West State University. Volume 3. – Kursk: Closed joint-stock company society “University Book”, 2018. – P. 48-50.
2. Lukoyanov S. V. compulsory medical measures // Current issues of legal science and practice: materials of the III All-Russian scientific and practical conference with student participation, Khabarovsk , May 30, 2022. – Khabarovsk: Pacific State University, 2022. – P. 253-258.
3. Stepashin V. M. Legal basis for the application of compulsory medical measures: the current state of the problem // Bulletin of the Kuzbass Institute. – 2020. – No. 4 (45). – P. 187-194.
4. Titov D. V. Compulsory measures of a medical nature // Actual problems of public law: collection of scientific papers, Vladimir, November 18-19, 2021 / Federal State Budgetary Educational Institution of Higher Education “Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletov”. Volume Issue 15. – Vladimir: CopyA-Service, 2022. – P. 305-308.
5. Shelevaya A.K., Kuznetsova O. V. Application of compulsory medical measures to insane persons // University Science. – 2020. – No. 1 (9). – P. 226-229.
CRIMINAL LAW
GUSEVA Ekaterina Vasiljevna
Ph.D. in psychological sciences, associate professor of Legal psychology, pedagogy and organization of educational work with convicts sub-faculty of the Samara Law Institute of the FPS of Russia
THE LEGAL CONTENT OF THE CONCEPT OF “CONVICTED PERSON”
The article is devoted to the consideration of issues related to the legal content of the concept of “convict”, consideration of the general concept of law, legal norms, criteria determining the inclusion of measures in the system of criminal penalties.
The article considers the implementation of rehabilitation and restorative measures for the freedoms and rights of individuals who have been violated by a criminal and the rehabilitation of public order, coercion of a criminal nature, which is a meaningful measure in relation to criminal liability. The article analyzes the norms of the legal profile, the goals of punishment, which are social results, the achievement of which is regulated by the establishment of a specific punishment in court, the types of punishment that can restrict this type of activity in freedom.
In conclusion, attention is drawn to the fact that the correction of a convicted person implies an awareness of the importance of a citizen.
Keywords: convict, legal norms, norms of the legal profile, goals of punishment, types of punishment correction of the convict.
Article bibliography
1. Ponomarev P. G. Efficiency legal norms governing the application of the main means of correction and re-education of persons sentenced to imprisonment. – M.: Statut, 2017. – 327 p.
2. Stanislavich M. Ya. Criminal-executive law. – M.: Novyi Yurist, 2017. – 469 p.
3. Criminal-executive law: Textbook / Edited by A. I. Zubkov. – M.: NORMA Publishing House, 2016. – 623 p.
4. Ivasenko Ya. S. Education as a factor in successful social adaptation of persons released from places of deprivation of liberty // Legislative support for social adaptation of persons released from places of deprivation of liberty: materials of the round table (Moscow, May 17, 2007). – M., 2017. – P. 10.
CRIMINAL LAW
IDRISOVA Aida Dzhupalavna
Ph.D. in historical sciences, senior lecturer of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, of Legal disciplines sub-faculty of the Dagestan State Pedagogical University, Makhachkala
THE INFLUENCE OF THEOBJECT OF THE CRIME ON THE QUALIFICATION OF CRIMINAL ACTS
The authors of the article aim to provide a criminal legal assessment of the object of the crime and its various types. The article examines the concept of “object of crime”, defines the signs of the corpus delicti, analyzes the problems of crime classification, and presents criteria for the public danger of crimes. It is noted that there is a need to improve criminal law measures to counter criminal manifestations.
Keywords: object of crime, classification of crime, criminal law, corpus delicti.
Bibliographic list of articles
1. Arutyunov A. A. On the issue of causality in criminal law // Bulletin of the Moscow State Pedagogical University. Series: Legal sciences. – 2013. – No. 2 (12). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-prichinnoy-svyazi-v-ugolovnom-prave (date of access: 18.02.2024).
2 . Galachieva M. M., Tomaeva D. M. International peace and security of mankind as objects of criminal-legal protection // Agrarian and land law. – 2023. – No. 4 (220). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodnyy-mir-i-bezopasnost-chelovechestva-kak-obekty-ugolovno-pravovoy-ohrany (date of access: 18.02.2024).
3. Demilkhanov I. The role of the object and consequences in the qualification of crimes // Eurasian Scientific Journal. – 2017. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-obekta-i-posledstviy-v-kvalifikatsii-prestupleniy (date of access: 18.02.2024) .
4. Kozlov S. I. Problematic issues of the object of the crime when qualifying the organization of an extremist community // Science. Society. State. – 2018. – No. 1 (21). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemnye-voprosy-obekta-prestupleniya-pri-kvalifikatsii-organizatsii-ekstremistskogo-soobschestva (date of access: 18.02.2024).
5. Levitsky G. A. In Memory of Nikolai Stepanovich Tagantsev // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2006. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pamyati-nikolaya-stepanovicha -tagantseva (date of access: 18.02.2024).
6. Salakhova Zh. V. Influence of the object and subject of the crime on the qualification of crimes against property // Bulletin of ChelSU. – 2007. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-obekta-i-predmeta-prestupleniya-na-kvalifikatsiyu-prestupleniy-protiv-sobstvennosti (date accessed: 04.05.2024).
7. Cherepanova D. V. The concept of the object of the crime provided for in Article 232 of the Criminal Code of the Russian Federation // Bulletin of the Magistracy. – 2020. – No. 1-4 (100). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-obekta-prestupleniya-predusmotrennogo-statiey-232-uk-rf (date of access: 02.18.2024).
CRIMINAL LAW
ZINCHENKO Nikolay Nikolaevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
THE DEVELOPMENT OF ELECTRONIC PAYMENT SYSTEMS AND THEIR IMPACT ON THE CRIMINAL SITUATION IN RUSSIA
This article examines the growth of non-cash payments and electronic payment systems in the global and Russian context. Great importance is attached to legal regulation, including strategies for the development of the national payment system. The author highlights the role of electronic payment systems in the commission of crimes, emphasizing the need for subsequent legislative regulation of this area. This article focuses on the importance of developing electronic payment systems in compliance with proper legality and regulation to ensure the security and stability of financial transactions.
Keywords: non-cash funds, payment infrastructure, legal regulation, national payment system, electronic money, payment systems.
Article bibliography
1. Varfolomeva V. A., Ivanova N. A. Formation of the national payment systems of the Russian Federation // Journal of Applied Research. – 2021. – P. 57-62.
2. Starzhenetsky V.V., Butyrina V.A., Kuritsyna K.S. Russian anti-sanction regulation: current state and ways of improvement // Law. – 2021. – No. 3. – P. 119-142.
3. Baeva O. B. Electronic money and payment systems // Economics. – 2015. – No. 3 (4). – P. 33-36.
4. Karvai K. V. Modern electronic currency on the example of the electronic payment system WebMoney: characteristics, features, significance. // Bulletin of the Plekhanov Russian University of Economics. – 2013. – No. 6 (60). – P. 63-67.
5. Korchagin O. N. The role and place of electronic payment systems in illegal drug trafficking in the territory of the Russian Federation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2012. – No. 2 (11). – P. 45-52.
CRIMINAL LAW
KORNEV Alexander Sergeevich
Ph.D. in Law, associate professor of Criminal law, process and criminalistics sub-faculty of the Lipetsk branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
PROBLEMS OF USING TERMINOLOGY IN THE FIELD OF ARTIFICIAL INTELLIGENCE
In modern conditions, one of the priority tasks for any state is to ensure the normal and effective development of artificial intelligence systems, as well as the suppression of criminal encroachments on this area. In addition, along with stimulating the development of these technologies, it is important to develop a set of measures aimed at preventing the use of artificial intelligence systems for criminal purposes. At the same time, the implementation of these tasks is impossible without a clear understanding of the essence and content of such a phenomenon as artificial intelligence. In this work, the author examines examples of the use of concepts related to artificial intelligence in various regulatory legal acts. In order to ensure sustainable and effective development of these technologies, including criminal-legal protection of public relations in this area, the need for further improvement of legal regulation in the field of artificial intelligence is noted. In particular, today there is a need to clarify the concept of artificial intelligence in relation to its results, types and characteristics for specific systems and technologies. This, in turn, will allow systematizing the conceptual apparatus in the area under consideration, avoiding ambiguous interpretation and arbitrary application of specific norms.
Keywords: artificial intelligence, criminal law, crimes.
Bibliographic list of articles
1. GOST R 43.0.5-2009. National standard of the Russian Federation. Information support of technology and operator activities. Information exchange processes in technical activities. General provisions (approved and put into effect by the Order of Rostekhregulirovanie dated 15.12.2009 No. 959-st). – [Electronic resource]. – Access mode: SPS ConsultantPlus (date accessed: 16.08.2024).
2. Katunina E. A. What are cognitive functions? – [Electronic resource]. – Access mode: https://neuroreab.ru/article/chto-takoe-kognitivnye-funkczii/ (date of access: 11.08.2024).
3. Verdict of the Kstovsky City Court of the Nizhny Novgorod Region No. 1-25/2024 1- 308/2023 of February 22, 2024 in case No. 1-115/2023. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/aM5NTfvRNg6j/ (date of access: 08/16/2024) .
4. PNST 761-2023. Preliminary national standard of the Russian Federation. Safety in emergency situations. Safe city. Terms and definitions. (approved and put into effect by the Order of Rosstandart dated 06.03.2023 No. 12-pnst). – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
5. Dictionary of a practical psychologist. – M.: AST, Harvest. S. Yu. Golovin, 1998. – [Electronic resource]. – Access mode: https://psychology.academic.ru/554/%D0%B4%D0%B5%D1%8F%D1%82%D0%B5%D0%BB%D1%8C%D0%BD%D0 %BE%D1%81%D1%82%D1%8C (date accessed: 15.08.2024).
6. Explanatory Dictionary of the Living Great Russian Language: In 4 volumes / Dahl V. I. – M .: RIPOL classic, 2006 / Volume 4. R-Ya. – [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Spravochniki/tolkovyj-slovar-zhivogo-velikorusskogo-jazyka-v-i-dalja-bukva-t/ (date of access: 11.08.2024).
7. Decree of the President RF from 10.10.2019 No. 490 “On the development of artificial intelligence in the Russian Federation”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 11.08.2024).
8. Decree of the President of the Russian Federation from 09.05.2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017–2030”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
9. 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”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
10. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
11. Federal Law of 26.07.2017 No. 187-FZ “On the Security of Critical Information Infrastructure of the Russian Federation”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
12. Federal Law of 26.07.2017 No. 187-FZ “On the Security of Critical Information Infrastructure of the Russian Federation”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
CRIMINAL LAW
LATYPOVA Dinara Mansurovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
MUSALEVA Anna Vladimirovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal Correction System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Correction System of the Federal State Institution “Scientific Research Institute of the Federal Penitentiary Service” of Russia
PROBLEMS OF LEGISLATIVE REGULATION OF CRIMINAL LIABILITY FOR HOSTAGE-TAKING
The article considers the corpus delicti provided for in Article 206 of the Criminal Code of the Russian Federation – hostage-taking, committed including in a correctional institution. The issues of legislative regulation of the norm and its gaps are analyzed. Examining the composition of the crime, attention is drawn to the issues of qualification and determination of the constructive features of the composition. The issues of differentiation of the composition of Article 206 of the Criminal Code of the Russian Federation from related norms are investigated. The qualifying features of the composition are also analyzed, examples of inconsistency of explanations of judicial practice in the resolution of the Plenum of the The Supreme Court of the Russian Federation and the content of the current norm of Article 206 of the Criminal Code of the Russian Federation are given. Amendments to the current criminal legislation are proposed.
Keywords: hostage-taking, violence, correctional institutions, qualification, corpus delicti.
Article bibliography
1. Commentary on individual provisions of the Criminal Code of the Russian Federation in decisions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation (article by article): monograph (Khromov E.V.). – Especially for the GARANT system, 2023.
2. Commentary on the Criminal Code of the Russian Federation (article by article; eleventh edition, revised and supplemented) (collective authors; edited by Doctor of Law G. A. Esakov). – M.: “Prospect”, 2023. – 896 p.
3. Commentary on the Criminal Code of the Russian Federation (collective authors; editor-in-chief Doctor of Law, Professor A. I. Rarog; 13- (Ed., revised and enlarged). – M.: “Prospekt”, 2022. – 992 pp.
CRIMINAL LAW
MALTSEVA Svetlana Nikolaevna
Ph.D. in Law, Head of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia, associate professor of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
THE LEGAL NATURE OF CRIMES AGAINST PUBLIC SAFETY
The purpose of this article is to reveal the legal nature of crimes against public safety. Public safety, as a benefit and value for citizens, society and the state, is one of the main components of national security. The study of statistical indicators indicates that the number of crimes in the field of public security remains high and tends to increase. The growth of this group of crimes is an indicator of the vulnerability of ensuring the safety of citizens and society on the part of law enforcement agencies of the state. The persistence of the current situation in the field of crimes against public safety poses a threat to the sovereignty of the Russian Federation. The unfriendly policy of the NATO member states against Russia is a factor in the growth of terrorist crimes, banditry, and illegal migration. A distinctive feature of a group of crimes against public safety is the scale and breadth of the harm caused by the safe living conditions of society and the state.
Keywords: public safety, public order, public health, social institutions, the state, countering threats.
Article bibliography
1. Decree of the President of the Russian Federation of 02.07.2021 No. 400 . Art. 5.
2. Yusupaliev I.K. Characteristics of crimes against public safety // Agrarian and land law. – 2022. – No. 7 (211). – P. 128-132.
3. Garmyshev Ya. V., Garmyshev V. V. Legal nature of the object of criminal-legal protection of crimes against public safety in the criminal legislation of Russia // Education and Law. – 2022. – No. 10. – P. 334-340.
4. Malkov S. M., Shesler A. V. Crimes against public safety. – Krasnoyarsk, 2022. – P. 22.
5. Selivanovsky D. O. On some aspects of xcharacteristics of the objective side of crimes against public safety related to the violation of special rules // Law and Practice. – 2020. – No. 2. – P. 75.
6. Predein P. Yu. Legislative structures of individual complex crimes // Bulletin of Perm University. Legal Sciences. – 2011. – No. 4. – P. 169-179.
7. Drozhzhina E. A. Public safety as a complex object of crime // Problems of Economics and Legal Practice. – 2015. – No. 2. – P. 86.
CRIMINAL LAW
PIROVA Rena Nizamievna
Ph.D. in historical sciences, associate professor of Economic, legal and general educational disciplines sub-faculty branch of the Dagestan State University in Kizlyar
PROBLEMS OF COMBATING CORRUPTION IN LAW ENFORCEMENT AGENCIES
This article examines the danger of corruption in law enforcement agencies for the national security of the country and how it differs from corruption in other areas. The types of illegal actions committed by corrupt law enforcement officers and their tendency to be prosecuted are analyzed. The causes of corruption and the conditions conducive to its occurrence and spread are established, and measures to combat corruption are proposed.
Keywords: corruption, corruption crime, criminal activity, causes, conditions, spread, threats, prevention, counteraction, countermeasures.
Bibliographic list of articles
1. Aleksandrova L. I. Problems of combating corruption in customs authorities // Corruption: state of combating and directions for optimizing the fight. – M., 2015. – P. 155-161.
2. Mokhov E. A. Corruption in law enforcement and measures to limit it // Corruption: state of combating and directions for optimizing the fight. – M., 2015. – P. 189-194.
3. Koroleva M. V. The role of corruption and criminalization of law enforcement activities // Actual problems of Russian law. – 2009. – No. 1. – P. 32-36.
4. Koroleva M. V. Corruption as a factor in self-determination of crime // Corruption: state of combating and directions for optimizing the fight. – M., 2015. – P. 71-78.
5. Iliy S.K., Pavlovskaya N.V. Status and main problems of combating corruption in law enforcement agencies // Corruption: status of counteraction and directions of optimization of the fight. – M., 2015. – P. 179-189.
6. Smirnov A.Yu. Selfish official crimes committed by employees of internal affairs bodies: criminal-legal and criminological characteristics: author’s abstract. dis. … candidate of legal sciences. – Tomsk, 2010. – 34 p.
CRIMINAL LAW
RODITELEVA Yana Nikolaevna
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodarsk University of the MIA of Russia, lieutenant colonel of police
SEMENOV Sergey Gennadjevich
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
BURLIN Sergey Vladimirovich
lecturer of the Cynology Cycle of the Ufa School of Training Dog Handlers of the MIA of Russia, major of police
ZIMIN Nikita Vladimirovich
adjunct of the Nizhny Novgorod Academy of the MIA of Russia, senior lieutenant of police
THE EXCESS OF THE EXECUTOR IN CRIMINAL LAW: PROBLEMS OF QUALIFICATION AND JUDICIAL PRACTICE
The article explores the concept of the performer’s excess as a key element of complicity in a crime. The authors analyze the differences between quantitative and qualitative excesses, as well as their legal consequences for the participants in the crime. The current difficulties in law enforcement practice related to the definition and qualification of excess, including the variety of approaches in court decisions and the uncertainty of terminology, are considered. The authors emphasize the need to develop clear criteria for evaluating the actions of performers, which will reduce legal risks and ensure a unified practice of applying the law.
Keywords: excess of the perpetrator, qualification of the crime, participation in the crime, quantitative excess, qualitative excess, crime, perpetrator.
Article bibliography
1. Zimin N. . V. Some features of the qualification of the excess of the performer // Law and Right. – 2024. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-osobennosti-kvalifikatsii-ekstsessa- ispolnitelya (date of access: 30.08.2024).NIGMATULLIN Rishat Vakhidovich 2. Ivanova L. V. Signs of excess of the perpetrator of the crime // Vestn. Tomsk. state University. – 2007. – No. 305. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/priznaki-ekstsessa-ispolnitelya-prestupleniya (date of access: 08/30/2024).
3. Mamedov R. A. Some problems of qualification of excess of the perpetrator and other accomplices of the crime // Questions of Russian justice. – 2020. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy -kvalifikatsii-ekstsessa-ispolnitelya-i-other-souchastnikov-prestupleniya (date of access: 30.08.2024).
4. Shatov S. A. Qualification of the excess of the performer. Theory and practice // Law and Right. – 2018. – No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvalifikatsiya-ekstsessa-ispolnitelya-teoriya-i-praktika (date of access: 08/30/2024).
CRIMINAL LAW
NIGMATULLIN Rishat Vakhidovich
Ph.D. in Law, Professor, Head of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
ON THE PROBLEM OF COOPERATION BETWEEN THE BRICS COUNTRIES IN COUNTERING TERRORISM
The BRICS countries have been countering terrorism for a long period. The basis for this is the strong condemnation of terrorism in all its forms and manifestations, without justifying terrorist acts based on ideological, religious, political, racial, ethnic, or other motives. Currently, special attention is being paid to foreign terrorist fighters who pose a threat to many States. The fight against terrorism is carried out on the basis of an anti-terrorist Strategy. The events held during the year of the BRICS presidency of the Russian Federation allow us to speak about the progressive nature of cooperation.
Keywords: BRICS, SCO, CIS, anti-terrorist strategy, foreign terrorist fighters, Afghanistan, Syria, Sahel, deradicalization, resocialization.
Article bibliography
1. Deitch T. L. China’s position in the issue of combating internal and external terrorist threats // Conflictology / Nota Bene. – 2018. – No. 1. – P. 1-11.
2. Kokoshina Z. A. The role of the Shanghai Cooperation Organization in countering terrorism and extremism in the post-Soviet space // Bulletin of Moscow University. Series 25: International Relations and World Politics. – 2017. – Vol. 9. No. 4. – P. 97-123.
3. Nigmatullin R. V. International legal problems of counteracting foreign terrorist fighters // International law as a basis for dialogue and guarantees of peace: Materials of the round table table of the XIX International Congress “Blishchenko Readings”, Moscow, April 15, 2023. – Moscow: Peoples’ Friendship University of Russia, 2024. – P. 262-281.
4. Petrova G.V. New level formats forpolitical and economic integration within the EAEU, CIS, BRICS, SCO: security, investment, law, finance // International cooperation of Eurasian states: politics, economics, law. – 2019. – No. 3. – P. 50-62.
CRIMINAL LAW
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
CRIMINAL LAW CHARACTERISTICS OF CRIMES AGAINST THE PERSON
This article is an analysis and criminal law characterization of crimes against the person. In modern society, issues related to crimes against the person have become relevant and require serious consideration. The article examines the main aspects of this problem, including the types of crimes under consideration, their motivation, social and psychological factors affecting crime.
The article also examines issues related to the detection and punishment of crimes against the person, as well as examines the factors influencing the commission of these crimes.
Finally, the article highlights the importance of further research and the development of more effective strategies to combat crimes against the person in order to ensure justice and security for all members of society.
Keywords: crimes against the person, protection of human and civil rights and freedoms, types of violent crimes, crime prevention, crime prevention.
Article bibliography
1. 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) // Rossiyskaya Gazeta. – 2020. – No. 144 (8198).
2. Criminal Code of the Russian Federation: Federal Law of 13.06.1996 No. 63-FZ: official text as of 04.08.2023 // Collected Legislation of the Russian Federation. – 2023. – No. 50. – Art. 8070.
3. Afanasyeva O. R., Goncharova M. V., Shiyan V. I. Criminology: textbook and workshop for universities. – Moscow: Yurait Publishing House, 2023. – 340 p.
4. Baychorova F. Kh. Trends in Female Crime // Trends in the Development of Science and Education. – 2018. – No. 34-3. – P. 5-8.
5. Vyatkina A. S. The Image of a Modern Female Criminal (based on the materials of the Astrakhan Region) // Caspian Region: Politics, Economics, Culture. – 2018. – No. 3 (24). – P. 16-21.
6. Zhalinsky A. E. Selected Works [Text]: in 4 volumes / Comp. K. A. Barysheva, O. L. Dubovik, I. I. Nagornaya, A. A. Popov; ed. O. L. Dubovik; Nat. Research University “Higher School of Economics”. – M.: Publ. House of the Higher School of Economics, 2015. – 30 p.
7. Naumov A. V. Criminal law in 2 volumes. Volume 1. General part: textbook for universities / A. V. Naumov [et al.]; editors-in-chief A. V. Naumov, A. G. Kibalnik. – 5th ed., revised and enlarged. – Moscow: Yurayt Publishing House, 2023. – 410 p.
CRIMINAL LAW
TRUDOV Ivan Yurjevich
lecturer of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
ON THE QUESTION OF PREVENTION OF CRIME OF MINORS AND THEIR FEATURES
As part of the scientific research, an analysis of juvenile delinquency was carried out, the causes and conditions for committing crimes by minors were determined. Under existing legislation, insufficient attention is paid to an integrated approach to the prevention of juvenile crime. The lack of a clear mechanism of interaction between various government agencies leads to the fact that many adolescents are left without help and control, which creates conditions for the formation of relapse. The lack of professional personnel and a systematic approach only aggravates the problem. This issue should be addressed not only by lawyers, but also by psychologists, sociologists and teachers in order to create an integrated system that will prevent crimes and promote the positive socialization of adolescents. Based on the study, the main directions of preventive work with minors in order to prevent the commission of crimes were identified.
Keywords: juvenile delinquency, causes and conditions of crime, family, neglect, prevention.
Bibliographic list of articles
1. Brazhnikov S.A. Neglect as a factor in juvenile delinquency in the Russian Federation // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – P. 113.
2. Kleiberg Yu. A. Criminal deviation of adolescent and youth groups // Society and Law. – 2019. – No. 11. – P. 145.
3. Kubyakin E. O. The problem of criminalization of youth culture // Bulletin of the Krasnodar Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 10. – P. 42.
ANGLEENVIRONMENTAL LAW
TYUNIN Vladimir Ilyich
Ph.D. in Law, professor, professor of Criminal law sub-faculty of the St. Petersburg University of the MIA of Russia
KIRIKOVA Marina Vladimirovna
lecturer of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
ON THE QUESTION OF SOME SIGNS OF THE OBJECTIVE SIDE OF HOOLIGANISM
The doctrine of criminal law has confidently formed the belief that the objective side of hooliganism is characterized by an act exclusively in the form of an action, and the criminal consequences of this crime are beyond the objective side of the corpus delicti. However, other opinions are expressed regarding the two mentioned signs of the objective side of hooliganism. In the article, the authors analyze various points of view regarding the characteristics of the act and criminal consequences as signs of the objective side of hooliganism, expressing their own opinion on this issue.
Keywords: objective side, deed, action, inaction, criminal consequences, hooliganism.
Article bibliography
1. Borisov S. V. Hooliganism: criminal-legal and criminological aspects. Diss. … Cand. of Law. – M., 2005. – 234 p.
2. Veklenko S. V., Ragozina I. G. Criminal liability for hooliganism: a teaching and practical manual. – Omsk: Omsk Law Institute, 2008. – 61 p.
3. Egorov V. S. Criminal liability for hooliganism. Diss. … Cand. of Law. – M., 2000. – 169 p.
4. Korzhansky N. I. Qualification of hooliganism: a textbook. – Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1989. – 56 p.
5. Kosarev I. I. Criminal liability for crimes committed for hooligan motives. Diss. … cand. . jurid. sciences. – M., 2008. – 179 p.
6. Piontkovsky A. A. Soviet criminal law. Volume 2. Special part. – Moscow-Leningrad, 1928. – 428 p.
7. Tsareteli T. V. Causal relationship in criminal law. – Tbilisi: Publishing house of Tbilisi University, 1957. – 276 p.
8. Shinkaruk V. M. Responsibility for hooliganism in Russian criminal law. Diss. … Cand. of Law. – Volgograd, 2002. – 210 p.
CRIMINAL LAW
URUSOV Zamir Khasanovich
Ph.D. in pedagogical sciences, associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of the Department of Scientific Research and Innovation of the H. M. Berbekov Kabardino-Balkarian State University
CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF COMPUTER INFORMATION IN RUSSIA
The article examines the problems of determining criminal liability for crimes in the field of computer information in Russia. Crimes committed in the field of computer information are a pressing issue, since crimes against computer information require increased attention from the state and law enforcement agencies. Crimes committed in the field of computer information have their own specifics, which determines the difficulties in determining the measure of responsibility for crimes committed in the field of information technology. The development of information technology has both positive trends and negative consequences, which include an increase in the number of crimes committed with computer information. Crimes committed in the field of computer information were first defined in the Criminal Code of the Russian Federation. The Criminal Code of the Russian Federation defines articles that regulate crimes in the field of computer technology. A complex problem is determining the subject of criminal acts, since determining criminal acts in relation to information is not only a legal issue, but also a technical one. The correct definition of the subject of criminal acts is the main issue in determining criminal liability for crimes in the field of computer information in Russia
Keywords: computer information, cybercrime, information security, criminal liability, subject, information technology, blocking, legal protection, law enforcement officer.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 08.08.2024).
2. Federal Law “On Communications” of 07.07.2003 No. 126-FZ (latest revision).
3. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest revision).
4. Decree of the President of the Russian Federation dated April 3, 1995 No. 334 “On measures to ensure compliance with the law in the field of development, production, implementation and operation of encryption tools, as well ase provision of services in the field of information encryption” (with amendments and additions).
5. 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”.
CRIMINAL LAW
SHUGAIBOVA Saida Shugaibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
MARIANOV Alikhan Abdulayevich
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State Pedagogical University, Makhachkala
ON THE ISSUE OF THE CONCEPT OF THE INSTITUTION OF ADMINISTRATIVE PREJUDICE IN CRIMINAL LAW IN MODERN RUSSIA
The article analyzes the main provisions concerning the existence of the institution of administrative prejudice in Russian criminal law. Various points of view on the concept of administrative prejudice are considered, norms with administrative prejudice in modern Russian criminal law are classified according to various criteria, normative solutions for criminalizing acts are proposed, problems of applying norms with administrative prejudice in practice are considered.
Keywords: administrative prejudice, criminal law, crime, administrative offense, administrative supervision.
Bibliographic list of articles
1. Bobrovich P. P. Administrative Prejudice in Criminal Law // Criminologist’s Library. Scientific Journal. – 2013. – No. 2 (7). – P. 46-50. – EDN PXWNAV.
2. Doctrinal, Legislative and Judicial Concepts in Modern Criminal Law of Russia in 7 Volumes / Under the scientific editorship of N. I. Chechel. – Stavropol: Publishing House of Saratov State University, 2009. – Vol. 1. – P. 14.
3. Concepts of Development of Russian Legislation / Institute of Legislation and Comparative Law under the Government of the Russian Federation; edited by T. Ya. Khabrieva, Yu. A. Tikhomirov. – Moscow: Publishing House “Eksmo”, 2010. – 732 p. – ISBN 978-5-699-46154-7. – EDN QRUSYJ.
4. Odoev O. S. Administrative prejudice in the criminal law of Russia and the CIS countries. – M.: Jurisprudence Publishing House, 2018.
5. Serkova T. V. Repeated criminal behavior: theoretical and applied research: dis. … candidate of legal sciences. – Nizhny Novgorod, 2016. – P. 163.
6. Khudyakov E. A. Effectiveness of applying norms with administrative prejudice: textbook. manual. – M., 1981. – P. 9.
CRIMINAL LAW
HUSSEIN Anmar Talal Hussein
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
THE LEGAL STATUS OF MINORS IN THE REPUBLIC OF IRAQ: A COMPARATIVE ANALYSIS
The article analyzes the legal status of minors in the Republic of Iraq. A comprehensive study of the norms of national legislation and international law regulating the rights and freedoms of minors, including those related to education and work, is being carried out. Conclusions are drawn about the ineffectiveness of international law, non-compliance with national legislation regarding the labor exploitation of minors, and the impossibility of a number of citizens realizing the right to education.
Keywords: Iraq, rights and freedoms of minors, citizens of the Republic of Iraq, discrimination, gender inequality.
Article bibliography
1. Universal Declaration of Human Rights Adopted by resolution 217 A (III) of the UN General Assembly on 10 December 1948. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml (date of access: 27.11.2023).
2. Convention on the Rights of the Child (New York, 20 November 1989). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/childcon.shtml (date of access: 22.11.2023).
3. Baravi M. V. Mechanisms ensuring international legal security of children in the context of extremism and terrorism in Iraq and Syria // Megatrends of world politics: globalization, polarization, extremism: Collection of materials of the International scientific and practical conference, Moscow, October 26-28, 2022. – Moscow: Moscow State Linguistic University, 2023. – P. 205-210.
4. Report of the UN Secretary-General S/2014/339 of May 15, 2014. [Electronic resource]. – Access mode: https://childrenandarmedconflict.un.org/ru/document/report-of-the-secretary-gener-al-on-children-and-armed-conflict-in-the-syrian-arab-republic/ (date of access: 27.11.2023).
5. Constitution of the Republic of Iraq 2005. [Electronic resource]. – Access mode: https://www.constituteproject.org/constitution/Iraq_2005?lang=ar (date of access: 27.11.2023).
6. Juvenile-welfare-law-Iraq-76-of-1983.pdf. [Electronic resource]. – Access mode: https://juvenilejusticecentre.org/wp-content/uploads/2019/01/juvenile-welfare-law-Iraq-76-of-1983.pdf (accessed on 27.11.2023).
7. Legislative Review of the Draft Law on Child Protection Prepared by the Institute for International Law and Human Rights May 2023. [Electronic resource]. – Access mode: https://iilhr.org/wp-content/uploads/2023/06/ChildProtectionDraft21May23_EN.pdf (accessed on 27.11.2023).
8. Universal Islamic Declaration of Human Rights. [Electronic resource]. – Access mode: https://www.worldislamlaw.ru/?p=2671 (date of access: 06/09/2024).
9. Law No. 118 of 1979 “On Compulsory Education”. [Electronic resource]. – Access mode: http://www.moedu.gov.iq (date of access: 06/09/2024).
10. Law No. 37 of 2015 “On Labor”. [Electronic resource]. – Access mode: http://www.ilo.org/dyn/NATLEX (date of access: 06/09/2024).
11. Save the Children | What We Do | Iraq. [Electronic resource]. – Access mode: https://iraq.savethechildren.net/what-we-do (date accessed: 06/09/2024).
12. Ali Jimad Ammar Raad. Civil (personal) and political rights in the Russian Federation and the Republic of Iran: a comparative legal study: author’s abstract. … master’s dis. – Saratov, 2017. – 25 p.
13. Two million children in Iraq need proper nutrition, education and health care. [Electronic resource]. – Access mode: https://news.un.org/ru/story/2007/12/1117791 (date accessed: 06/09/2024).
14. Kochoi S. M., Hasan H. A. The fight against terrorism in Iraq: legislation and practice // All-Russian Criminological Journal. – 2019. – No. 1. – P. 94-102.
15. Mohammed Abduladhim Nimah Al Khafaji. Constitutional right to education in the Republic of Iraq: problems of implementation // Education. Science. Scientific personnel. – 2019. – No. 4. – P. 71-72.
16. Criminal procedure system of Iraq: monograph / Abdulkarim Fakil Abdulbasit A, P. A. Gusenova, A. D. Nazarov, N. G. Stoyko; scientific. head of the authors’ collective N. G. Stoyko. – Krasnoyarsk: Sib. federal. univ., 2022. – 152 p.
CRIMINAL LAW
KHUTOV Kazbek Muhamedovich
Ph.D. in Law, associate professor, associate professor of Criminal and penitentiary law sub-faculty of the Saratov State Academy of Law, lawyer.
SOME PROBLEMS OF REGULATING CRIMINAL LIABILITY FOR RESTRICTING COMPETITION IN COMMODITY MARKETS
The legislative regulation of criminal liability for restricting competition in commodity markets should make it possible to effectively counteract such a very dangerous phenomenon as criminal monopolism. In this article, the author comprehends the problems of partial decriminalization of the restriction of competition, which occurred due to a change in the values of criminalizing signs and comes to the conclusion that such a step by the legislator had no objective prerequisites.
Keywords: criminal law, criminal monopolism, restriction of competition, partial decriminalization, cartel.
Article bibliography
1. Kinev A. Yu., Tenishev A. P. On criminal liability for cartels // Jurist. – 2017. – No. 1. – P. 7-13.
2. Lopashenko N. A. Crimes in the sphere of economic activity: theoretical and applied analysis: monograph. In 2 parts. Part II. – M.: Yurlitinform, 2015. – 640 p.
3. Chelyshev M. Yu., Talan M. V., Mikhailov A. V. Restriction of competition: inter-branch connections of criminal law and other legal entities // Scientific notes of Kazan University. Humanities. – 2015. – Vol. 157. Book 6. – P. 256-266.
4. Shishko I. V., Derevyagina O. E. Criminal restriction of competition (part 1 of article 178 of the Criminal Code of the Russian Federation): signs of the objective side // All-Russian criminological journal. – 2017. – No. 3. T. 11. – P. 551-561.
CRIMINAL LAW
PISKUR Anastasiya Vladimirovna
postgraduate student of the St. Petersburg University of the MIA of Russia, captain of police
MEASURES TO PREVENT CORRUPTION IN THE INTERNAL AFFAIRS BODIES: PRACTICAL APPLICATION AND PROBLEMS OF IMPLEMENTATION ON THE EXAMPLE OF THE RUSSIAN FEDERATION AND THE KYRGYZ REPUBLIC
The article reveals the main directions of combat and preventing corruption in the internal affairs bodies on the example of the Russian Federation and the Kyrgyz Republic. The appeal to the practical application of the normative legal and organizational foundations of preventive activities in this area allowed us to state the insufficient effectiveness of the implementation of appropriate measures.
The factors contributing to a decrease in the effectiveness of corruption prevention activities in the internal affairs bodies of selected states have been identified: a low level of material and technical support and social guarantees for the activities of police officers, an insufficient level of legal awareness, the closeness of police activities and a kind of official “bail” aimed at non-disclosure and concealment of facts of corruption manifestations. The directions of improving the effectiveness of measures to prevent corruption in the Internal Affairs of the Russian Federation and the Kyrgyz Republic have been developed.
Keywords: internal affairs agencies, corruption, counteraction, prevention.
Article bibliography
1. Baigubatova N. R., Sarmanova B. O. On the issue of corruption-generating factors in the activities of the penal system of the Kyrgyz Republic // Journal of Foreign Legislation and Comparative Law. 2018. No. 4 (71). P. 146-153.
2. Baisalueva E. F., Baisaluev I. S. Anti-corruption measures in the internal affairs bodies // Bulletin of the Chelyabinsk State University. Series: Law. 2021. No. 4. P. 18-22.
3. Jefferson T. On Democracy. SPb: Lenizdat, 1992. 336 p.
4. Is Corruption Getting Worse? Kyrgyzstan Lost 20 Positions in TI Rating [Electronic Resource]. – Access Mode: https://www.transparency.org/ru/press/cpi2023-corruption-perceptions-index-weakening-justice-systems-leave-corruption-unchecked (date accessed: 09/03/2024).
5. Stupina S. A., Karabaev N. A. Some Aspects of the Legal Framework for Combating Corruption: A Comparative Legal Analysis of the Legislation of the Kyrgyz Republic and the Russian Federation // Scientific and Educational Potential of Youth in Solving Actual Problems of the 21st Century. 2020. No. 16. P. 211-216.
6. Sumina E. A., Schmidt A. K. Prevention of corrupt behavior of employees of internal affairs bodies // Legal science. 2019. No. 6. P. 53-56.
7. Corruption Perceptions Index for 2023 [Electronic resource]. – Access mode: https://www.transparency.org/en/cpi/2023 (access date: 09/03/2024).
CRIMINAL LAW
BALABKIN Dmitriy Alexeevich
magister student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
magister student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
MARTINCHUK Nikita Alexandrovich
magister student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ON THE ROLE OF ANTI-CORRUPTION EXPERTISE OF NORMATIVE LEGAL ACTS AND THEIR PROJECTS IN THE ANTI-CORRUPTION SYSTEM
The article discusses issues related to the place and role of anti-corruption expertise of regulatory legal acts in the anti-corruption system, as well as the relationship of laws to each other and their application in practice. According to the authors, the main task of the anti-corruption examination of regulations is to prevent corruption and, even if the act is adopted, it will still follow this task. It is concluded that the role of examination of regulations in the anti-corruption system is increasing.
Keywords: corruption, countermeasures, examination, regulatory legal acts, draft regulations.
Article bibliography
1. Gazizova O. V. Anti-corruption examination // StudNet. – 2020. – No. 12. – P. 1402-1408.
2. Isaev M. A. History of the state and law of foreign countries in 2 volumes. – Vol. 1. Introduction to the history of law. The ancient world: a textbook for universities. – Moscow: Publishing house “Yurait”, 2023. – 423 p.
3. Sazhayeva M. A. On the issue of the system of combating crime (corruption) // Law and Right. – 2018. – No. 7. – P. 115-117.
4. Tatishvili T. M. Anti-corruption expertise in the system of measures to combat and prevent corruption // Law and modern states. – 2013. – No. 3. – P. 41-48.
CRIMINAL LAW
HUYNH Huu Tinh
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Patrice Lummba People’s Friendship University of Russia; senior lecturer of the People’s Security University, Ministry of Public Security, Vietnam
SOME RESTRICTIONS IN THE CRIMINAL LEGISLATION OF VIETNAM REGARDING ILLEGAL SENTENCES AND RECOMMENDATIONS FOR IMPROVEMENT
The issuance of illegal sentences falls under the group of crimes that infringe upon judicial activity, as stipulated in by the Criminal Code of the Socialist Republic of Vietnam in 2015. Although these substantiated scientific provisions of the previous Criminal Code of the Socialist Republic of Vietnam of 1999, the practical situation in Vietnam, but the issuance of an illegal sentence in the current criminal code stillhas some restrictions in the provisions of criminal law. These restrictions lead to a lack of uniformity in application, as well as difficulties in applying this crime in practice. The article notes some of the shortcomings of this crime and suggests directions for their improvement.
Keywords: crime, abusive sentencing, infringement of judicial activities, Criminal code of Vietnam 2015.
Bibliographic list of articles
1. Criminal Code of the Socialist Republic of Vietnam 2015
2. Criminal Code of the Socialist Republic of Vietnam 1999
3. Criminal Procedure Code of the Socialist Republic of Vietnam 2015
4. Regulation No. 04-HDTPTANDTC/NQ dated 29 November 1986. The Council of Judges of the Supreme People’s Court on the instructions for the application of a number of sections of the Criminal Code.
5. Hanoi Law University. Textbook Criminal Law. Volume 2. Hanoi: Publishing House. People’s Police.
6. Dinh Van Que. Scientific Commentary on the Criminal Code. Volume 10.
7. Bui Duc Bang (2013). Some Theoretical and Practical Issues of Illegal Sentencing in Vietnamese Criminal Law. Master’s Thesis. Faculty of Law, Hanoi National University.
CRIMINAL PROCEDURE
ABDURAKHMONOV Davron Amonovich
postgraduate student of P. M. Davydov judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
INTERACTION OF AUTHORIZED BODIES IN THE IMPLEMENTATION OF INTERNATIONAL COOPERATION IN CRIMINAL CASES OF AN ECONOMIC NATURE IN THE CURRENT REALITIES (USING THE EXAMPLE OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN)
This article is devoted to the current problems of international cooperation in the investigation and prevention of economics at the current stages of development of Russia and crimes Tajikistan. The author analyzed the work of individual competent bodies on international cooperation in the current realities. The fundamental principles on which the interaction of countries in the fight against transnational crime in the economic sphere is based, both generally accepted and enshrined in the legislation of Russia and Tajikistan, are studied. Having analyzed these principles, the author identified current problematic aspects of international cooperation in the field of combating transnational crime. Taking into account the sanctions imposed by foreign states against Russia, the author proposed possible options for their solution by amending the Criminal Procedure Code of the Russian Federation in order to improve the interaction between countries in the framework of international cooperation in criminal matters.
Keywords: Criminal Procedure Code, criminal procedure, criminal procedural law, international cooperation, extradition, legislation.
Bibliographic list of articles
1. Kudratov N. A., Abdulloev P. S., Akhmedzhonov I. G. International legal cooperation in criminal, civil and arbitration cases: collection of international documents. – Dushanbe, 2013. – 463 p.
2. Abdulloev P. S. International cooperation in the field of criminal procedure of the Republic of Tajikistan. Application of international legal acts. – M., 2013. – 504 p.
3. Mikheenkova M. A. International cooperation in the field of criminal proceedings // Course of criminal procedure / Under ed. Doctor of Law, Professor L. V. Golovko. – M., 2016. – P. 1254-1255, 1275.
4. Korolev G. N. The doctrine of criminal procedural activity of the prosecutor. Book one. – N. Novgorod, 2004. – P. 133-141.
5. Sattorov A. A. Legal basis for international criminal-procedural cooperation of the police of the Republic of Tajikistan // Works of the Academy of the Ministry of Internal Affairs of the Republic of Tajikistan. – 2011. – No. 1 (15 ). – P. 58.
6. Iskandarov, Z. Kh., Makhmudov, I. T., Abdulloev, P. S. Development of criminal procedure legislation during the period of development of state independence // 30 years of state independence and development legal system of Tajikistan (in Tajik). – Dushanbe, 2021. – P. 133.
7. Abdulloev P. S. International legal assistance in collecting and verifying evidence in criminal cases (Criminal Procedure Code of the Republic of Tajikistan): author’s abstract . diss. … candidate of legal sciences. – M., 2014. – P. 13-14.
8. Klimova A. N. On the issue of the concept and characteristics of entrepreneurial activity // Bulletin of Kostroma State University. – 2016. – No. 6. – P. 182.
9. Shalagin A. E., Grebenkin M. Yu. Criminological and criminal-legal characteristics of crimes against property // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 4. – P. 81.
10. Shalagin A.E., Grebenkin M.Yu. Criminological and criminal-legal characteristics of crimes against property // Scientific notes of the Kazan Law Institute of the Ministry of JusticeD of Russia. – 2017. – No. 4. – P. 81.
11. Grishin AV, Grishina MV Criminal Procedure Policy of the State to Combat Crimes in the Sphere of Entrepreneurial and Other Economic Activities: Modern Problems of Implementation // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V.V. Lukyanov. – 2018. – No. 3 (76). – P. 32-35.
12. Grishin AV, Grishina MV Actual Problems Related to the Investigation of Crimes Committed by Commercial (Sales) Representatives or Counterparties in Case of Abuse of Law // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V.V. Lukyanov. – 2016. – No. 3 (68). – P. 40-42.
13. Grishin AV Problematic aspects of criminal prosecution for crimes committed in the sphere of entrepreneurial activity // Jurist-Pravoved. – 2017. – No. 3 (82). – P. 61-66.
14. Barabash AS, Brester AA Method of Russian criminal procedure. – St. Petersburg, 2013.
15. Pobedkin AV On the main function of criminal proceedings and the method of criminal procedural regulation // Library of the criminalist. Scientific journal. – 2015. – No. 1 (18).
16. Davletov AA, Barabash AS Place and role of publicity in criminal proceedings // Russian law journal. – 2011. – No. 4.
CRIMINAL PROCEDURE
ABDURAKHMANOV Shamkhal Saidovich
magister student of the 2nd course of the correspondence forms of education 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
THE INDICTMENT AS THE FINAL PROCEDURAL DOCUMENT OF THE CRIMINAL CASE
The article considers the indictment as the final procedural document of a criminal case, its structure and content in accordance with the Criminal Procedure Code of the Russian Federation. The main requirements for the preparation of an indictment are analyzed, including the wording of the charge, the list of evidence, circumstances mitigating and aggravating punishment. Special attention is paid to ensuring the rights of the accused and the victim at the stage of preparation of this document. The mechanisms of interaction between the investigator and other participants in the criminal process in the preparation of an indictment are investigated. The role of the prosecutor in approving and transferring a criminal case to the court is being considered. The article also highlights the practical aspects of the application of the law related to the indictment. The article is aimed at expanding the understanding of legal responsibility and ensuring justice in criminal proceedings.
Keywords: indictment, criminal case, evidence, investigator, Code of Criminal Procedure, prosecutor, rights of the accused.
Bibliographic list of articles
1. Zaitsev A. A. Implementation of the principles of Russian legislation in the indictment // Legal technique. – 2020. – No. 14. – P. 576-577.
2. Samoilova T. S. The indictment as the final document of the preliminary investigation: history, modernity and development prospects // Criminal proceedings in Russia and foreign countries: problems and development prospects: materials of the international scientific and practical conference, St. Petersburg, December 02, 2022. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 328-334.
3. Selivanov S. A. Completion of the preliminary investigation by drawing up an indictment for penitentiary offenses in the penal system // Man: crime and punishment: Collection of materials of the International scientific and theoretical conference of adjuncts, graduate students, applicants, cadets and students. In 3 parts, Ryazan, March 27, 2020. Volume Part 1. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2020. – Pp. 231-236.
4. Khomenko A. V. Indictment as the basis for the prosecutor’s activities to support the state prosecution // Transformation of Law in the Information Society: Materials of the I All-Russian Scientific and Practical Forum of Young Scientists and Students, Yekaterinburg, March 21-22, 2019 / Editor-in-Chief O. A. Puchkov. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2019. – P. 289-294.
CRIMINAL PROCEEDINGS
ZAMURUEVA Elizaveta Yurjevna
Ph.D. in Law, lecturer of Criminal process sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
USE OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS
The current criminal procedure legislation is not fully adapted to such sources of information as mobile phones, tablets, smartphones, etc., which can be important and sometimes decisive in the investigation of a criminal case. Therefore, digital novelties of reality become the object of study of the science of criminal procedure law. The article examines the role and importance of electronic evidence in modern law enforcement practice. The author analyzes the possibility of using electronic evidence in the process of establishing the truth in a criminal case.
Keywords: electronic evidence, process of proof, admissibility of evidence, digitization.
Bibliographic list of articles
1. Golovko L.V. Course in criminal procedure / Ed. Doctor of Law, Prof. L. V. Golovko. – M.: Statut, 2016. – 1276 p.
2. Merkulova M. S., Kalentieva T. A. Electronic evidence in criminal proceedings: admissibility issues // Legal sciences. – 2022. – No. 5-3 ( 68). – P. 139-143.
3. Okonenko R. I. “Electronic evidence” and problems of ensuring the rights of citizens to protect their privacy in criminal proceedings: a comparative analysis of the legislation of the United States of America and the Russian Federation: dis. … Cand. of Law. – M., 2016.
4. Pastukhov P. S. On the development of criminal procedural proof using electronic evidence // Seventh Perm Congress of Legal Scientists: Collection of scientific articles, Perm, November 18-19, 2016 / Editors-in-Chief V.G. Golubtsov, O.A. Kuznetsova. – Perm: OOO “Izdatelstvo” STATUT “, 2017. – P. 558-566.
5. Cheretskikh A. V. Digital (electronic) evidence in criminal proceedings // Law and order: history, theory, practice. – 2023. – No. 4 (39). – pp. 110-116.
CRIMINAL PROCEDURE
IBRAGIMOV Murad Ismailovich
magister student of the 3rd course of correspondence education of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
GROUNDS FOR HOLDING A PRELIMINARY HEARING IN A CRIMINAL TRIAL
The article discusses the grounds for conducting a preliminary hearing in criminal proceedings, regulated by Article 229 of the Code of Criminal Procedure of the Russian Federation. The main attention is paid to the analysis of the petitions of the parties and the initiatives of the court to exclude evidence, return the case to the prosecutor, suspend or terminate the case, as well as the connection and separation of cases. The importance of the preliminary hearing for ensuring the legality and rights of participants in the criminal process is noted. Special attention is paid to the procedural grounds affecting the course and outcome of the trial. The conditions under which it is possible to conduct a trial with the participation of jurors and to consider cases in a special order are investigated. The procedural deadlines and requirements for filing petitions by the parties are analyzed. The conclusion is made about the importance of the preliminary hearing as a mechanism for ensuring justice in criminal proceedings.
Keywords: preliminary hearing, Code of Criminal Procedure, petition, exclusion of evidence, return of the case to the prosecutor, jury trial, criminal trial.
Bibliographic list of articles
1. Andreev D. V. Should the procedure for conducting a preliminary hearing provide for a judicial investigation? (Some judgments) // Law and justice in the modern world: current problems of public and private law: a collection of scientific articles by young researchers. – St. Petersburg: Center for Scientific and Information technologies “Asterion”, 2021. – P. 535-540.
2. Bazhutkina E. N. On the issue of procedural features of conducting a preliminary hearing in criminal proceedings // WORLD OF SCIENCE: collection of articles of the III International scientific and practical conference, Penza, March 30, 2023. – Penza: Science and Education (IP Gulyaev G.Yu.), 2023. – P. 145-148.
3. Kostenko R.V. Features of the process of proof during the preliminary hearing in criminal affairs // Legal Bulletin of the Kuban State University. – 2017. – No. 2 (31). – P. 22-29.
4. Mikhailova I. V. Grounds for preliminary hearing // Student South Ural forensic readings: Collection of materials of the All-Russian scientific and practical conference, Ufa, December 14 2020 / Responsible editor I. A. Makarenko. – Ufa: Bashkir State University, 2020. – P. 45-48.
5. Yudanova, Ya. I. Problematic issues of the grounds for holding a preliminary hearing in a criminal case in thein the Russian criminal process // Youth. Science. Culture: Proceedings of the IX All-Russian Scientific and Practical Conference, Saransk, December 16, 2021 / Editorial Board: G. P. Kuleshova (editor-in-chief) [et al.]. – Saransk: Limited Liability Company “YurEksPraktik”, 2022. – P. 520-527.
CRIMINAL PROCEEDINGS
KORNELYUK Oksana Vladimirovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology
LIFANOVA Marina Vladislavovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology
ADVANTAGES AND DISADVANTAGES OF A SPECIAL TRIAL PROCEDURE
The article discusses the legal conditions of a special procedure for judicial proceedings. The positive and negative sides of this legal institution are analyzed, as well as possible risks in its implementation. The study shows the dynamics of changes in legislation on the issue under study. It is noted that the main purpose of this legal procedure is to reduce the burden on the judicial and investigative systems, to expand the dispositive principles of the criminal process. Based on the studied theory, practice and judicial statistics, the author draws conclusions about the prospects for the development of this legal phenomenon in criminal proceedings in Russia.
Keywords: special procedure for judicial proceedings, criminal proceedings, rights and legitimate interests of participants in criminal proceedings, accused, victim, prosecutor, punishment.
Article bibliography
1. Radzhabov A. R. On the issue of a special procedure for judicial consideration of criminal cases // Law and Right. – 2024. – No. 1. – P. 253-255.
2. Koryakina Z. I., Lebedeva S. M. Grounds and conditions for a special procedure for making a judicial decision if the accused agrees with the charges brought against him // Agrarian and land law. – 2022. – No. 6 (210). – 113-115.
3. Grinenko A. V. Development of a special procedure for trial in criminal cases in the Russian Federation // Bulletin of Economic Security. – 2023. – No. 1. – P. 57-59.
CRIMINAL PROCEEDINGS
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
THE CRIMINAL AND CRIMINAL PROCEDURAL ASPECT OF THE INVESTIGATION OF FRAUD COMMITTED BY PERSONS SENTENCED TO IMPRISONMENT
The article provides a statistical analysis of the commission of a crime in the form of fraud on the territory of our state. The official statistics of law enforcement agencies investigating fraud and the commission of this type of crime as a percentage of the total number of crimes committed are shown. An analysis has been conducted in the field of fraud investigation over the past five years. The gaps in the criminal and criminal procedure law are indicated, which are necessary in the field of investigating fraud committed by persons sentenced to imprisonment. The analysis of the norms of legislation, namely the criminal law, the criminal procedure and Penal enforcement law of the Russian Federation, as well as the order of the Ministry of Justice of the Russian Federation “On approval of the Internal Regulations of correctional institutions and the Internal Regulations of correctional centers of the penal enforcement system” in the field of fraud investigation. The problems that arise during the disclosure of this type of pr are indicated.
Keywords: fraud, persons sentenced to imprisonment, criminal law, penal enforcement law, Internal regulations, investigative actions, statistical data.
Article bibliographic list
1. Statistical data on crimes committed in the period from 2018 to 2023 // Official website of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://мвд.рф/reports?ysclid=m0euu7b04f969733210.
2. Order of the Ministry of Justice of the Russian Federation of 04.07.2022 No. 110 “On approval of the internal regulations of pre-trial detention facilities of the penal system, the internal regulations of correctional institutions and the internal regulations of correctional centers of the penal system (as amended on 29.11.2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http: //pravo.gov.ru-11/30/2023.
CRIMINAL PROCEDURE
OVCHINNIKOVA Elizaveta Olegovna
senior lecturer of International cooperation in the field of prosecutorial activity, ensuring representation and protection of the iinterests of the Russian Federation in interstate bodies, foreign and international (interstate) courts, foreign and international arbitration courts sub-faculty of the University of the Prosecutor’s Office of the Russian Federation
POLITICAL AND LEGAL ISSUES OF EXTRADITION OF CITIZENS BY THE RUSSIAN FEDERATION AS A MEMBER STATE OF THE BRICS ASSOCIATION: TO THE PROBLEM STATEMENT
The article examines the organizational and legal aspects of the extradition of persons in relation to the Russian Federation in the light of the current geopolitical situation. The principle of expediency of considering extradition as a criminal procedure institution is substantiated. The conclusion is made about the need to strengthen cooperation in the field of criminal justice between the BRICS Member States.
Keywords: extradition, extradition of persons, international cooperation, criminal justice, legal assistance, BRICS, criminal procedure, branches of law, Prosecutor General’s Office of the Russian Federation.
Article bibliography
1. Safarov N. A . Institute of extradition (issuance): experience of national-legal regulation // Moscow Journal of International Law. – 2005. – No. 2. – P. 119.
2. Valeev R. M. Extradition of criminals in modern international law (some issues theory and practice). – Kazan, 1976. – 127 p.
3. Kaisin D. V. Sources of the criminal-legal system of the Russian Federation: diss. … cand. jurid. sciences. – M., 2005. – 184 p.
4. Criminal law of Russia. General part / Edited by A. I. Rarog. – M., 2009. – 443 p.
5. Volzhenkina V. . M. On the issue of developing the law “On extradition” // Criminal law. – 2000. – No. 1. – P. 6-9.
6. Shaibakova K. D. Extradition in modern international law: genesis , legal nature, implementation: dis. … candidate of legal sciences. – Kazan, 2020. – 262 p.
7. Yakubovich N., Bykov E., Koroteev B. Draft Federal Law of the Russian Federation “On extradition (extradition) » // Criminal law. – 2000. – No. 3. – P. 58-62.
8. Kursaev A. V. Criminal liability in the territory of new subjects of the Russian Federation // Criminal law. – 2024. – No. 1. – SPS “ConsultantPlus” »
9. Kulikova G. L. Refusal to extradite: national and international aspect / Lecture. – M., University of the Prosecutor’s Office of the Russian Federation, 2023. – 47 p.
CRIMINAL PROCEEDINGS
OLIFIRENKO Ekaterina Pavlovna
Ph.D. in political sciences, associate professor of Criminal law and process sub-faculty of the North Caucasus State Academy, Cherkessk
ANALYSIS OF THE PRACTICE OF PROSECUTORIAL SUPERVISION IN THE FIELD OF COUNTERING EXTREMISM IN THE RUSSIAN FEDERATION
The article discusses the current problems of prosecutorial supervision over the implementation of legislation on countering extremist activities. The author pays attention to the organization of prosecutorial supervision in this area, as well as to the consideration of the practice of the prosecutor’s office exercising its powers to prevent and suppress extremist manifestations. In the course of the study, some problems of prosecutorial activity and gaps in the current federal legislation in this area were identified. Noting the shortcomings of work in this area, the author suggests a number of recommendatory measures aimed at improving the effectiveness of prosecutorial supervision in the field of countering extremism.
Keywords: prosecutor’s office , prosecutor’s supervision, extremism, extremist activity, extremist organizations, information, youth.
Article bibliography
1. Agapov P. V. Organized crime in modern Russia: status, trends and measures of prosecutorial response // Bulletin of the Law Institute of MIIT. – 2019. – No. 3 (27).
2. Agapov P. V. Prosecutor’s supervision of the implementation of laws in the field of counteracting manifestations of extremism in the context of radicalization and the growth of protest activity of the population: issues of theory and practice // All-Russian Criminological Journal. – 2020. – V. 14. No. 6.
3. Agutin A. V. Prosecutor’s supervision of the implementation of laws in the investigation of extremist crimes: a tutorial. – Moscow, 2017.
4. Interview with the Prosecutor General of the Russian Federation Igor Krasnov “Izvestia” // Izvestia. 01/23/2023.
5. Matvienko S.V. Problems of youth in the information space // Health is the basis of human potential: problems and solutions. – 2018. – V. 13. No. 1.
6. Merkuryev V.V., Borisov S.V. Improving the regulation of legal means of prosecutorial response to extremist offenses // Monitoring of law enforcement. – 2016. – No. 3 (20).
7. Chukreev V. A. Theoretical and practical aspects of prosecutorial supervision over the implementation of legislation on combating extremismactivity: abstract of dis. … candidate of legal sciences. – Ekaterinburg, 2011.
CRIMINAL PROCEEDINGS
SAAKYAN Artyom Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminology sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
SKORIKOV Dmitriy Gennadjevich
Ph.D. in Law, Head of Organization of investigative work sub-faculty of the Educational and Scientific Complex on Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
CRIMINAL PROCEDURAL AND CRIMINALISTIC FEATURES OF THE CONFRONTATION
Confrontation is one of the investigative actions that cause the greatest difficulties in its preparation and production. Evaluation of the results of the confrontation allows you to obtain evidence in a criminal case. The article proposes algorithms for the investigator’s actions to comply with the criminal procedural and criminalistic aspects of confrontation, with the aim of obtaining evidence in a criminal case. It is noted that conducting a confrontation is the right of the investigator, not an obligation. The possibility of conducting a confrontation in conditions excluding visual surveillance in compliance with measures to ensure state protection is substantiated.
Keywords: investigative action, confrontation, evidence, investigator, state protection, video conferencing.
Article bibliography
1. 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.
2. Criminal Procedure Code of the Russian Federation: Federal Law of 18.12.2001 No. 174-FZ: as amended on 29.05.2024 No. 174-FZ // SZ RF. – 2024. – No. 32. – Art. 2201.
3. Gura G. M. Concept and meaning of confrontation in the system of investigative actions // Territory of science. – 2013. – No. 2. – P. 258.
4. Kolovorotny A. A., Skorikov D. G. Features of interrogation tactics of suspects, accused in criminal cases on crimes provided for by Art. 210 of the Criminal Code of the Russian Federation // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (41). – P. 80.
CRIMINAL PROCEDURE
SHCHERBININ Evgeniy Sergeevich
lecturer of the Barnaul Law Institute of the MIA of Russia
KHRUSHCHEV Alexander Viktorovich
senior lecturer of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
CRIMINAL PROCEDURAL FEATURES OF INITIATING CRIMINAL CASES ON CRIMES IN THE SPHERE OF ENTREPRENEURIAL ACTIVITY
The article examines the relevance of criminal proceedings in cases of economic orientation. The main directions of reforming the criminal law policy in this area and its intermediate results are noted. The main goal pursued by the authors is to highlight the criminal procedural features of initiating criminal cases on crimes in the sphere of entrepreneurial activity. In the course of studying this topic, the features of the stage of initiating criminal cases on crimes in the sphere of entrepreneurial activity, classified by the legislator as cases of private-public prosecution, were revealed, the requirement for the mandatory presence of a statement from the victim when initiating criminal cases of this category, including in the absence of data on the person who committed the crime, was substantiated. Based on the results of the study, a set of procedural aspects was formulated that must be clarified when deciding to initiate a criminal case on a crime in the sphere of entrepreneurial activity.
Keywords: democratization of criminal law policy, crimes in the sphere of entrepreneurial activity, private-public mechanism for initiating a criminal case, victim’s statement, proper applicant.
Article bibliography
1. Dikarev I. S. Initiation of criminal cases of private and private-public prosecution for crimes committed by persons whose details are unknown // Magistrate. Publishing group “Yurist”. – Moscow, 2010. – No. 1. – P. 20-24.
2. Mazyuk R. V. Institute of criminal prosecution in Russian criminal proceedings. – Moscow: Institute of Scientific Information on Social Sciences of the Russian Academy of Sciences, 2009. – 216 p.
CRIMINAL PROCEEDINGS
ABDURAKHMANOV Shamkhal Saidovich
master student of the 2nd course of the correspondence forms of education 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
VIOLATION OF THE REQUIREMENTS OF THE CODE OF CRIMINAL PROCEDURE FOR THE PREPARATION OF AN INDICTMENT AS A BASIS FOR THE RETURN OF A CRIMINAL CASE
The article examines the institution of returning criminal cases to the prosecutor within the framework of Article 237 of the Code of Criminal Procedure of the Russian Federation, with an emphasis on the evolution of legislative changes and their impact on law enforcement practice. The causes and consequences of the return of cases are analyzed, as well as systemic errors made by the investigative authorities at the stage of the preliminary investigation are revealed. Special attention is paid to the role of the courts and their law enforcement practice based on the violations identified in the indictment and other procedural documents. Examples from judicial practice are considered, which illustrate typical mistakes of investigators and their consequences for the judicial process. Proposals for improving legislation to improve the quality of the preliminary investigation and reduce the number of returns of cases to the prosecutor are being discussed separately. The article suggests mechanisms for correcting technical errors in indications at the preliminary hearing stage. The findings highlight the need for a comprehensive approach to improving the work of investigative agencies and the judicial system.
Keywords: criminal proceedings, return of the case to the prosecutor, indictment, preliminary investigation, investigation errors, judicial practice, law enforcement.
Article bibliography
1. Zaitsev A. A. Typical mistakes of the investigator when forming an indictment in a criminal case // Bulletin Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (31). – P. 18-26.
2. Kumpan K. M. Violation of the requirements of the Criminal Procedure Code of the Russian Federation for drawing up an indictment as a basis for returning a criminal case // Science and Society – 2021: Proceedings of the international scientific conference, Rostov-on-Don, April 09, 2021 / Edited by N. B. Osipyan, I. V. Makarova, M. I. Zhbannikova. – Moscow: Moscow University named after S. Yu. Witte, 2021. – P. 203-208.
3. Mushegyan A. V. Indictment as a basis for initiating a case in court // Modern science and its resource provision: innovative paradigm: collection of articles from the VI International scientific and practical conference, Petrozavodsk, January 25, 2021. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya Irina Igorevna), 2021. – P. 109-113.
4. Naumenko T. S. Problematic issues of drafting an indictment by an investigator // Criminal proceedings in Russia and foreign countries states: problems and development prospects: materials of the international scientific and practical conference, St. Petersburg, November 12, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2021. – P. 271-274.
5. Stelmakh V. Yu. Return of a criminal case by the prosecutor to re-draft the indictment // Trends in the development of modern criminal procedural legislation of the Russian Federation: collection of scientific papers, Yekaterinburg, April 17, 2021. Volume Issue 6. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2021. – P. 143-146.
CRIMINAL PROCEDURE
IBRAGIMOV Murad Ismailovich
magister student of the 3rd course of correspondence education of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE PROCEDURE FOR CONDUCTING A PRELIMINARY HEARING
The scientific article examines the procedure for conducting a preliminary hearing in the criminal proceedings of the Russian Federation, its legal significance and procedural features. Special attention is paid to the admissibility of evidence, the procedural rights of the parties and the role of the judge in making decisions at this stage. The grounds for holding a closed hearing and excluding evidence from the case file are described. The variants of the judge’s decisions based on the results of the preliminary hearing were also investigated, including the termination of the case, its return to the prosecutor and the appointment of a court session. The procedural guarantees of the rights of the accused and the defense are analyzed, such as requests for evidence and the addition of new materials. The issues of interrogation of witnesses and procedural restrictions for persons with witness immunity are considered.
Keywords: preliminary hearing, Code of Criminal Procedure of the Russian Federation, admissibility of evidence, petitions of the parties, decisions of the judge, trial, rights of the accused.
Article bibliography
1. Andreev D. V. Should the procedure for conducting a preliminary hearing provide for a judicial investigation? (Some judgments) // Law and justice in the modern world: current problems of public and private law: a collection of scientific articles by young researchers. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 535-540.
2. Bazhutkina E. N. On the issue of procedural features of conducting a preliminary hearing in criminal proceedings // WORLD OF SCIENCE: collection of articles from the III International Scientific and Practical Conference, Penza, March 30, 2023. – Penza: Science and Education (IP Gulyaev G.Yu.), 2023. – P. 145-148.
3. Kostenko R. V. Features of the process of proof during the preliminary hearing in criminal cases // Legal Bulletin of the Kuban State University. – 2017. – No. 2 (31). – P. 22-29.
4. Sidorenko E. V., Sukhankina L. I. Preliminary hearing: problematic issues of investigative actions (some judgments) // Forensic science from Hans Gross to the present day: forensic aspects of the implementation of constitutional rights and guarantees of man and citizen: Collection of scientific articles based on the materials of the V International Scientific and Practical Round Table, St. Petersburg, February 26, 2021. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 6-14.
5. Yudanova Ya. I. Problematic issues of the grounds for holding a preliminary hearing in a criminal case in Russian criminal proceedings // Youth. Science. Culture: Proceedings of the IX All-Russian Scientific and Practical Conference, Saransk, December 16, 2021 / Editorial board: G. P. Kuleshova (editor-in-chief) [et al.]. – Saransk: Limited Liability Company “YurExPractik”, 2022. – P. 520-527.
CRIMINAL PROCEDURE
TURSHIN Andrey Ivanovich
postgraduate student of N. V. Radutnaya Criminal process law sub-faculty of the Russian State University of Justice
THE PLACE OF ARTIFICIAL INTELLIGENCE IN EVIDENCE IN THE ADMINISTRATION OF JUSTICE IN CRIMINAL CASES
The article is dedicated to defining the role of artificial intelligence (AI) in proving in criminal proceedings. A special feature of the study is the consideration of the dual role of AI. It can be used as a tool for committing crimes, for example, facilitating the substitution of identity using deepfake or automating hacker attacks. On the other hand, AI has the potential to achieve the goals of criminal justice, for example by making it easier to detect the falsification of audio or video recordings. In this regard, the need to develop legal regulation of the use of this technology in evidence is emphasized. A conclusion is made about the importance of using AI on the principles of transparency, security and reliability of the results of its application.
Keywords: artificial intelligence, proof, electronic evidence, criminal procedure, falsification of evidence.
Article bibliography
1. Andreeva O. I., Ivanov V. V., Nesterov A. Yu., Trubnikova T. V. Facial recognition technologies in criminal proceedings: the problem of the grounds for legal regulation of the use of artificial intelligence // Vestn. Vol. state University. – 2019. – No. 449. – P. 201-212.
2. Berezina E. A. Use of artificial intelligence in legal activity // Actual problems of Russian law. – 2022. – No. 12 (145). – P. 25-38.
3. Derishev Yu. V. On healthy conservatism of criminal procedure // Bulletin of Omsk State University. Law Series. – 2008. – No. 1. – P. 42-48.
4. Dremlyuga R. I. Use of artificial intelligence for criminal purposes: criminal-legal characteristics // Asian-Pacific region: economics, politics, law. – 2021. – No. 3. – P. 153-164.
5. Kravchuk N. V. Artificial intelligence as a judge: prospects and concerns // Social and humanitarian sciences. Domestic and foreign literature. Series. 4. State and law: Abstract journal. – 2021. – No. 1. – P. 115-122.
6. Laptev V. A., Solovyanenko N. I. Digital justice. Digital document: monograph. – Moscow: Prospect, 2022. – 248 p.
7. Momotov V. V. Artificial intelligence in legal proceedings: status, prospects of use // Bulletin of the O. E. Kutafin University. – 2021. – No. 5 (81). – P. 188-191.
8. Ostroukh A. V. Introduction to Artificial Intelligence: monograph. – Krasnoyarsk, 2020. – 250 p.
9. Rossinsky S. B. Reflections on the essence of proof in criminal proceedings // Lex russica. – 2020. – Vol. 73. No. 9. – P. 63-76.
10. Spiridonov M. S. Artificial Intelligence Technologies in Criminal Procedure Proof // Journal of Digital Technologies and Law. – 2023. – No. 2. – P. 481-496.
11. Stelmakh V. Yu. The system of evidence in the pre-trial stages of criminal proceedings: problems of theory, regulation and practice: diss. … doctor of law. – Ekaterinburg, 2021. – 522 p.
12. Caldwell M., Andrews J. T. A., Tanay T. et al. AI-enabled future crime. Crime Sci 9, 14 (2020). [Electronic resource]. – Access mode: https://crimesciencejournal.biomedcentral.com/articles/10.1186/s40163-020-00123-8 (date of access: 09/02/2024).
13. Reiling A. D. Courts and Artificial Intelligence. International Journal for Court Administration. 2020. No. 11 (2). [Electronic resource]. – Access mode: https://iacajournal.org/articles/10.36745/ijca.343 (date accessed: 09/07/2024).
14. Yampolskiy R. V. Unexplainability and Incomprehensibility of Artificial Intelligence. (2019). [Electronic resource]. – Access mode: https://www.researchgate.net/publication/334360690_Unexplainability_and_Incomprehensibility_of_Artificial_Intelligence (access date: 09/04/2024).
CRIMINAL PROCEDURE
SHEKOLENKO Angelina Pavlovna
сompetitor of Criminal process sub-faculty of the Kuban State University, Krasnodar, assistant Judge of the Judicial Collegium for Civil Cases Fourth Cassation Court of General Jurisdiction
ASSESSMENT OF THE SUFFICIENCY OF EVIDENCE FOLLOWING PRELIMINARY HEARINGS
In the content of this article, the author addresses critically important aspects of assessing the sufficiency of evidence following preliminary hearings in criminal proceedings, focusing on the complexities of such assessments. The article emphasizes that preliminary hearings serve as a “filter” for criminal cases, where the judge evaluates whether the evidence collected is sufficient to ensure a reasoned and fair trial. The author analyzes how the preliminary assessment of evidence sufficiency could potentially violate the principle of the presumption of innocence if the judge is biased against the evidence even before the full trial begins. The article also discusses ways to minimize the risks of premature conclusions. In the context of preliminary hearings, the author suggests that judges should conduct a thorough assessment of the gathered evidence regarding its sufficiency. Furthermore, the author believes that applying the standard of “high probability” for assessing evidence sufficiency, based on the judge’s internal conviction during the preliminary hearing, represents an optimal approach towards achieving the justification of such cognitive activity. However, the effective implementation of this approach within the national criminal procedural system requires legislative and practical integration of, firstly, standards of proof, and secondly, investigative judges.
Keywords: criminal proceedings, preliminary hearing, reliability of evidence, assessment of evidence reliability.
Article bibliography
1. Kablukov I. V. Standards of proof of the grounds for procedural decisions as a criterion for the sufficiency of evidence // Law and Practice. 2020. No. 1. P. 103-106.
2. Kondrashova O. V. Examination of evidence at the stage of preparing a criminal case for a court hearing // Young scientist. 2023. No. 44 (491). P. 219-221.
3. Lozovskaya S. V. Certainty of Law and Standards of Proof // State Authority and Local Self-Government. 2023. No. 5. P. 15-19.
4. Mashovets A. O. Standards and Burden of Proof: Correlation of Concepts // Actual Problems of Judicial, Law Enforcement, Human Rights, Criminal Procedure Activities and National Security: Proc. Int. scientific-practical. conf. dedicated to the 50th anniversary of the formation of the Department of Criminal Procedure. In 2 parts, Krasnodar, March 17-18, 2022 / Ed. V. A. Semenov. Volume Part 1. Krasnodar: Kuban State University, 2022. Pp. 352-359.
5. Musin A. R. Standards of evidence in criminal proceedings // Education and Law. 2023. No. 2. Pp. 459-463.
6. Rudenko A. V., Senchikova M. V. Application of standards of evidence in the practice of courts of general jurisdiction // Society: politics, economics, law. 2021. No. 5 (94). Pp. 58-62.
7. Rudenko A. V., Senchikova M. V. Standards of evidence in the practice of courts of general jurisdiction of the Fourth Cassation District // Society: politics, economics, law. 2021. No. 7 (96). P. 44-48.
8. Serednev V. A. Examination of evidence at the stage of preparation of a criminal case for a trial // Law and order: history, theory, practice. 2020. No. 2 (25). P. 62-68.
9. Trezubov E. S. Standard of proof // National interactive encyclopedic portal “Knowledge”. 2022. No. 11.
CRIMINAL PROCEEDINGS
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
SMOLYAKOV Anatoliy Antonovich
Ph.D. in, professor, professor of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia, Honored Lawyer of the Russian Federation
MEZENTSEV Igor Vyacheslavovich
senior lecturer of Investigative activities management sub-faculty (Higher Academic Courses) of the Faculty of Advanced Studies of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
COMPARATIVE FEATURES OF THE ACTIVITY OF THE PROSECUTOR IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS
The article provides a comparison of the prosecutor in the Russian Federation and in the Republic of Belarus. At the present stage of the prosecutor’s office, the importance of understanding a unified centralized system of bodies is emphasized, the range of activities of which includes supervision of compliance with the Constitution of the Russian Federation and other legislative acts. A comparative study of the current state of the prosecutor’s office is being conducted. The fixed types of prosecutorial supervision and control are discussed. The similarity of the criminal procedural legislation of the Russian Federation and the Republic of Belarus at the pretrial stage is determined, but differences are also identified at other stages.
Keywords: prosecutor authorities, prosecutorial control and supervision, prosecutor general, military prosecutor’s office, criminal prosecution, public prosecution.
Bibliographic list of articles
1. 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) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://publication.pravo.gov. ru/Document/View/0001202007040001/ (date accessed: 18.01.2024).
2. Order of the Prosecutor General’s Office of Russia dated 30.01.2013 No. 45 (as amended on 28.09.2021) “On approval and entry into force of the Instruction on the procedure for considering appeals and reception of citizens in the prosecutor’s office of the Russian Federation” // Legality. – 2013. – No. 4.
3. Koreshnikova N. R. The status of the prosecutor in the criminal proceedings of the CIS member states. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/status- prokurora-v-ugolovnom-protsesse-stran-uchastnits-sng (date of access: 18.01.2024).
4. Klimova Ya. A. Comparative analysis of the prosecutor’s powers (Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the Republic of Belarus) // Current issues of criminal procedure and forensics: V International scientific and practical conference. collection of articles. – Mogilev, 2019. – P. 93.
CRIMINAL PROCEDURE
BAZHANOV Sergey Andreevich
leading researcher of the Center for the Study of Problems of Management and Reform of the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ISSUES OF PROPERTY RELATIONS IN PRISONERS SENTENCED TO FORCED LABOUR
According to the current penal enforcement legislation, those sentenced to forced labor, which does not involve imprisonment, in addition to funds held by court decision to the state’s income, reimburse the costs of the correctional center for housing and communal services and the maintenance of the institution’s property. Meanwhile, those sentenced to imprisonment are exempt from such expenses for the maintenance of the property of the In order to eliminate legal uncertainty, it is necessary to amend the penal enforcement legislation, which would eliminate conditions that worsen the legal situation of those sentenced to forced labor, compared with those sentenced to imprisonment.
Keywords: criminal-executive legislation, forced labor, self-sufficiency, maintenance of property, legal uncertainty.
Article bibliographic list
1. Seregina E. V., Slepchenko O. V. Forced labor: problems of legislative regulation and possible ways of improvement // Gaps in Russian legislation. – 2020. – No. 1. – P. 130-134. – EDN FTEUSX.
2. Andreeva Yu. V., Semenyuk I. A. Legal problems of execution of criminal punishment in the form of forced labor // Criminal policy in the sphere of ensuring rights and legitimate interests of participants in criminal proceedings and the use of modern technologies: materials of the All-Russian (national) scientific and practical conference, Krasnoyarsk, November 13-14, 2020. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2021. – P. 3-9. – EDN ZRVXEA.
3. Dvoryanskov I. V. Experience of organizing the execution of forced labor at enterprises using the labor of convicts // Scientific works of the Federal State Institution Research Institute of the Federal Penitentiary Service of Russia: Scientific and practical quarterly publication / Federal State Institution Research Institute of the Federal Penitentiary Service of Russia. Volume Issue 1. – Moscow: Federal State Institution Research Institute of the Federal Penitentiary Service of the Russian Federation, 2021. – Pp. 35-39. – EDN LJUBIM.
CRIMINAL-EXECUTIVE LAW
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
GORDOPOLOV Andrey Nikolaevich
Ph.D. in Law, lecturer of Organization of the regime and supervision in the penitentiary system sub-faculty, senior lecturer of Theory of state and law, international and European law sub-faculty of the Academy of the FPS of Russia
THE BEHAVIOR OF CONVICTS SERVING IMPRISONMENT AS A CRITERION FOR ASSESSING THEIR PERSONALITY AND THE DEGREE OF CORRECTION
The article is devoted to the characteristics of convicts serving imprisonment who have different role positions: positively characterized, neutrally characterized, negatively characterized and malicious violators of the regime. Their socio-demographic, criminal law and penal enforcement characteristics are presented. The conclusion is formulated that the behavior of convicts is the main criterion for assessing the personality of convicts and the degree of their correction.
Keywords: sad, positively characterized; neutrally characterized; negatively characterized; malicious violator of the regime.
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): monograph / Under the scientific editorship of V. I. Seliverstov. Moscow, Prospect, 2024. 96 p.
2. Gordopolov A. N. Legal capacity of a malicious penitentiary violator of the punishment regime // Bulletin of the Samara Law Institute. 2021. No. 3 (44). P. 117-121.
3. Characteristics of persons sentenced to imprisonment. Based on materials from the special census of 1999 / Edited by A. S. Mikhlin. M.: Jurisprudence, 2001. 464 p.
CRIMINAL PRINCIPAL LAW
KOTLYAROV Andrey Andreevich
senior lecturer of Regime organization, security and escort sub-faculty of the Perm Institute of the FPS of Russia, lieutenant colonel of the internal service
HIERARCHICAL DISTRIBUTION OF CONVICTS AND A LIST OF NECESSARY KNOWLEDGE REQUIRED FOR AN EMPLOYEE OF THE CRIMINAL JUSTICE SYSTEM
The article deals with the problem of dependence of the domestic penitentiary system on the hierarchy of criminally infected elements in correctional institutions of the Russian penal system. In the context of the dynamically social policy of the state, one of the most important complex problems requiring significant attention is the issue of the use of corrective measures against persons serving sentences in correctional institutions of the Federal Penitentiary Service of Russia, taking into account the criminogenic specifics that have developed over the years. This is directly related to the real capabilities of correctional officers to positively influence convicts in order to correct them.
Keywords: concept, development, penal enforcement system, restriction of freedom, punishment.
CRIMINAL PRINCIPAL LAW
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
FOREIGN EXPERIENCE IN EXECUTION OF PUNISHMENTS NOT RELATED TO ISOLATION OF CONVICTED PERSONS FROM SOCIETY
The article examines the specifics of the appointment and some issues of execution of criminal penalties alternative to imprisonment in accordance with the legislation of foreign countries. It notes the prevalence of a fine as the main and additional type of punishment for committing a crime by a person in the law enforcement practice of foreign countries, considers the methods of its calculation and the procedure for the actions of authorized persons in case of evasion of its payment by the distinguished person. The fenatures of the execution of other punishments not related to imprisonment, as well as other consequences established by judicial acts, in foreign countries are studied. Parallels are drawn with the procedure for the execution of punishments without isolation from society and measures of a criminal-legal nature provided for by Russian legislation. A conclusion is made about the prospects of the trend of humanization of criminal policy in Russia and foreign countries, which is manifested in the growth of the number of punishments assigned to the guilty, alternative to imprisonment, the execution of which does not lead to the rupture of social ties of the disappointing person and his maladjustment.
Keywords: execution of sentences, punishment without isolation from society, foreign penal law, community service, fine, probation.
Bibliographic list of articles
1. Voronov D. A. Problems of implementation of criminal penalties not related to imprisonment in Russia and abroad (comparative legal characteristics) // Law. Society. State. Collection of scientific papers of students and postgraduates. – St. Petersburg, 2018. – P. 82-84.
2. Latukhina V. S. Comparative legal analysis of the penal policy of Russia and France // Economics, sociology and law. – 2016. – No. 5. – P. 95-100.
3. Lukovkin K. E. Foreign model of execution of criminal punishment in the form of a fine on the example of countries with a continental legal system // Criminal-executive law. – 2018. – T. 13 (1-4). No. 3. – P. 334-338.
4. Mayorova E. O. Features of the application of punishments without isolating the convicted person from society and the definition of their goals in the legislation of foreign countries: a comparative legal analysis // Journal of the Belarusian State University. Law. – 2019. – No. 3. – P. 80-85.
5. Snytkin R. I. Types of punishments imposed on minors // Actual problems of law and state in the 21st century. – 2011. – V. 3. No. 5 -1. – P. 153-157.
6. Sakhno A. N., Girenok G. A. Work of the probation service in England and Wales // Problems and prospects of development of the penal system of Russia at the present stage: Materials of the International scientific and practical conference of adjuncts, postgraduates, cadets and students. – 2018. – V. 3. – P. 287-289.
7. Shabanov V. B., Budanova L. Yu. Foreign experience in the execution of sentences on sentencing persons to punishments without isolation from society // State and Law in XXI century. Proceedings of the international scientific and practical conference dedicated to the 95th anniversary of the Faculty of Law of the Belarusian State University. Editorial board: T. N. Mikhaleva (editor-in-chief) [et al.]. – Minsk, 2021. – P. 71-81 .
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor, associate professor of Regime and security in the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
DERIGLAZOVA Olga Alexeevna
cadet of the Samara Law Institute of the FPS of Russia
ISSUES OF CRIMINAL LIABILITY FOR THE TRANSFER OF COMMUNICATIONS EQUIPMENT AND THEIR COMPONENTS TO CONVICTS
At present, an urgent area of activity of the penal correctional system is to counteract the use by convicts of various means of communication, including cell phones in the territory of the correctional institution. In order to improve the effectiveness of prevention of the use of these means of communication, in December 2023 the CAO RF and the Criminal Code of the RF were supplemented with the corpus delicti, providing responsibility for the transfer of means of communication and components to convicts .
Keywords: telephone fraud, regime of serving punishment, correctional institution, official, means of communication, components, criminal responsibility, administrative responsibility.
Bibliographic list of articles
1. Key performance indicators of the penal system: information and analytical collection (January – December 2019 Tver, 2020; January – December 2020 Tver, 2021; January – December 2021 Tver, 2022; January – December 2022 Tver , 2023; January – December 2023) // Federal State Institution Research Institute of Information Technology (FKU NIIIT FSIN of Russia). – Tver, 2024.
2. Verdict of the Pugachevsky District Court of the Saratov Region dated July 14, 2020 in case No. 1-137/2020 [Electronic resource] // SPS “Consultant Plus” (date accessed: 05/20/2024).
CRIMINAL-EXECUTIVE LAW
SKOBELEVA Oksana Olegovna
Ph.D. in pedagogical sciences, Head of Humanitarian, socio-economic and information management technologies sub-faculty of the Samara Law Institute of the FPS of Russia
PECULIARITIES OF CORRECTIONAL IMPACT ON CONVICTS SENTENCED TO LIFE IMPRISONMENT
This article examines some of the problems of serving a sentence for those sentenced to life imprisonment. Life imprisonment and long-term imprisonment pose comparable problems for serving the sentence: social isolation, total dependence, suspension, loneliness and loss of responsibility combined with the orderliness of life imprisonment and the variety of problems underlying their criminal behavior. The study analyzes the psychological and social problems arising in the process of long-term isolation from society, which is not very favorable to the behavior and health of convicts.
Keywords: disappointing persons, life imprisonment, correctional impact, prison, social isolation.
Bibliographic list of articles
1. Buxtel L., Killman P. Psychological consequences of imprisonment for prisoners. // Psychological bulletins. – 2004. – Vol. 88. – P. 469.
2. Zambl M., Porporino F. Overcoming, imprisonment and rehabilitation: some data and their consequences. // Criminal justice and behavior. – 1990. – Vol. 17. No. 1. – P. 53-70.
3. Mackenzie D. L., Goodstein L. Consequences of long-term imprisonment and characteristics of individuals who committed long-term crimes: an empirical analysis. // Criminal justice and behavior. – 1985. – Vol. 12. No. 4. – P. 395-414.
4. Sapford R. Convicts sentenced to life imprisonment: Reactions, responses and decisions. – Buckingham: Open University Press, 1983. – P. . 23.
5. Sapsford. Convicts sentenced to life imprisonment: psychological changes during serving a sentence. // British Journal of Criminology. – 1978. – Vol. 18. No. 2. – P. 128-145.
CRIMINALISTICS
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
SIGERICH Mikhail Yaroslavich
lecturer of Document examination sub-faculty of the Training and Scientific Complex of Expert-Criminalistic Activity of the Volgograd Academy of the MIA of Russia
SELECTED ISSUES OF TECHNICAL AND FORENSIC RESEARCH ON INTERSECTING STROKES IN MODERN WRITING MATERIALS
This article discusses the study of the technical and forensic aspects of examining documents containing intersecting strokes created using modern writing materials. It examines the methodology for studying intersecting strokes and the features of applying this technique to modern writing materials. An experimental study conducted to determine the possibility of determining the sequence of strokes depending on the technique used. The article presents the results of the experiment, describes the algorithm used, and concludes on the reliability of the findings.
Keywords: technical and forensic examination of documents, stroke study, writing materials, intersecting strokes.
Article bibliography
1. Korukhov Yu. G. Methodological foundations of forensic expert diagnostics // Bulletin of the University named after O.E. Kutafina (MSAL). – 2020. – No. 6 (70). – P. 177-189.
2. Dosova A. V., Lyapichev V. E., Sigerich M. Ya., Koshmanov P. M. The Importance of Expert Research in Proving a Crime Event Related to the Use of a Forged Document // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (60). – P. 85-91.
3. Novikov I. G., Butyrkina K. D. On the suitability of objects of expert examination in solving the problem of establishing the limitation period for the execution of document details // Herald of criminalistics. – 2022. – No. 1 (81). – P. 47-56.
4. Plinatus A. A., Zakharova I. G. Possibilities of establishing the sequence of execution of document details // Theory and practice of forensic examination in modern conditions: Proceedings of the VII International Scientific and Practical Conference, Moscow, January 17-18, 2019. – Moscow: RG-Press, 2019. – P. 379-382.
5. Uskov I. N., Chetverkin P. A., Efimenko A. V. Modern methodological approaches to determining the sequence of execution of requisites in the absence of areas of mutual intersection // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 3. – P. 212-216.
CRIMINALISTICS
DZHURUK Dmitriy Sergeevich
Ph.D. in technical sciences, Head of Information technologies sub-faculty of the East-Siberian institute of the MIA of Russia, Irkutsk
SHCHEGLOV Alexander Ivanovich
senior lecturer of Firearms and technical training sub-faculty of the Barnaul law institute of the MIA of Russia
PUSHECHNIKOV Alexander Anatoljevich
lecturer of Management and administrative activities of the internal affairs bodies sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE CONCEPT, CONTENT AND SYSTEM OF CRIMINALISTIC SUPPORT FOR THE INVESTIGATION OF FRAUD WITH THE USE OF INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
In the article the authors consider the main issues relevant to the forensic support of the investigation of fraud with the use of information and telecommunication technologies. The authors investigate the main points of view on the concept, content and system of forensic support of the considered category of crimes.
Keywords: fraud, forensic support, crime investigation, information crimes, remote control fraud, cybercrime, hacking, computerized information, information and communications technology, cybercrime, hacking, computer information, information and communication technology, account hacking.
Article bibliography
1. Vinogradov A. A. Forensic support for crime investigation – a method of forensic science // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (29). – P. 121-125.
2. Cit. by: Gavrilin Yu. V. On the concept and content of the state scientific and technical policy in the field of forensic support of law enforcement activities (forensic policy) // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (62). – P. 96-102.
3. Forensic support of the activities of the criminal police and preliminary investigation bodies: textbook / edited by T. V. Averianova, R. S. Belkin. – M., 1997. – P. 64.
4. Forensic support for the disclosure and investigation of crimes: a textbook / A. F. Volynsky; Kikot Moscow University of the Ministry of Internal Affairs of the Russian Federation. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikotya, 2016. – P. 55.
5. Zhurikhina A. V. General characteristics of crimes related to remote theft of funds from bank accounts, and the problem of their distinction // Young scientist. – 2023. – No. 43 (490). – P. 117-122.
6. Shamoyan F. R., Sarychev I. A., Kolomytseva A. A. Collection and analysis of information from publicly available sources // Tools for project management and data analysis in decision support systems. collection of materials of the III International conference. – Donetsk, 2022. – P. 300-305 @@ Gavrilin Yu. V. Development of digital forensics methods: limits of admissibility // Criminal procedure and forensics: theory, practice, didactics. Collection of materials of the VII All-Russian scientific and practical conference. – Ryazan, 2022. – pp. 69-75.
CRIMINALISTICS
ZALETKINA Anna Nikolaevna
Ph.D. in Law, associate professor of Criminology sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
YATSKINA Inna Alexandrovna
Ph.D. in Law, senior lecturer of Criminology and operational investigative activities sub-faculty of the Rostov Law Institute of the MIA of Russia
APPLICATION OF A PRACTICE-ORIENTED APPROACH IN THE PROFESSIONAL TRAINING OF EMPLOYEES OF PRELIMINARY INVESTIGATION AND INQUIRY UNITS
The article is devoted to the implementation of a practice-oriented approach in the training of young specialists of preliminary investigation and inquiry units undergoing initial training in departmental educational organizations. When preparing the article, the authors analyzed the main normative legal acts regulating vocational training (training) in the system of internal affairs bodies. General scientific methods of analysis, synthesis, as well as data generalization and modeling were used. The article reveals a particular method of implementing a variable discipline – a professionally specialized cycle, providing for the specifics of the position of investigator and inquirer. The authors consider some problematic issues faced by young professionals and offer specific recommendations to eliminate them in the process of implementing practical classes based on solving practice-oriented tasks. The most important positive aspect of the considered methodology is the rapid replenishment of the missing theoretical knowledge and practical skills related to the investigation of criminal cases and especially theproduction of investigative actions. Upon completion of the training, the teaching staff notes the satisfactory level of acquired practical skills among the students regarding the demonstration of the production of investigative actions.
Keywords: practice-oriented approach, initial training, practical training, preliminary investigation, inquiry.
Article bibliography
1. Pavlenkov R.V., Deryugin R.A. Implementation of a practice-oriented training model using a mobile educational forensic laboratory (UPKL-2019) as a training and testing center // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2020. No. 4 (56). P. 53-59.
2. Krasinskaya E.S. The essence and significance of a practice-oriented approach in the process of implementing professional training programs in educational organizations of the Ministry of Internal Affairs of Russia // Police activity. 2019. No. 6. P. 1-7.
3. Cheretskikh A. V. Justification for the preparation and implementation in educational organizations of the Ministry of Internal Affairs of Russia of an additional professional advanced training program “Information Security in the Internal Affairs Bodies of the Russian Federation” // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. 2022. No. 2 (19). P. 173-180.
4. Smirnova Zh. V., Luneva Yu. B., Vaganova O. I., Practice-oriented approach in professional education // Innovative Economy: Prospects for Development and Improvement. 2018. No. 6 (32). P. 122-126.
5. Bashinskaya I. G., Ashkhotova L. A. Practice-oriented approach to the formation of professional skills in educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2018. No. 4 (54). P. 119-122.
6. Egorov E. V., Vlasov V. V., Shalagin A. S. Practical classes: essence, goals, recommendations for the methodology of their implementation // Special equipment and technologies of transport. 2020. No. 7 (45). P. 224-232.
7. Sabinin A. A. Formation of professional competencies of students of departmental educational organizations of the Ministry of Internal Affairs of Russia in the paradigm of a practice-oriented approach to training // Modern problems of science and education. 2022. No. 3. P. 23.
8. Roditeleva Ya. N. Pedagogical aspect of training students of educational organizations of the Ministry of Internal Affairs in individual investigative actions // Problems of modern pedagogical education. 2022. No. 76-1. P. 265-268.
9. Izakson R. A., Smirnova K. V. Organization of a training session with middle and senior commanding officers of internal affairs bodies studying under educational programs based on higher legal education // In the collection: Training of personnel for law enforcement agencies: modern trends and educational technologies. Proceedings of the twentieth All-Russian scientific and methodological conference. 2015. pp. 47-50.
CRIMINALISTICS
RYZHKOV Ivan Viktorovich
Ph.D. in Law, Deputy Head of Forensic technology sub-faculty of the Educational and Scientific Complex of Forensic Activities of the Volgograd Academy of the MIA of Russia
SAAKYAN Artyom Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminology sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
THE CURRENT STATE OF INFORMATION SUPPORT FOR FORENSIC AND TECHNICAL FORENSIC ACTIVITIES
One of the key factors determining the effectiveness of forensic and technical forensic activities in the system of the Ministry of Internal Affairs of Russia is the quality of information support for employees of the forensic departments of the Ministry of Internal Affairs of Russia. The article examines the types and contents of reference and information funds currently functioning in territorial forensic units, as well as the provisions of the relevant legislative and regulatory framework. Taking into account the practice of using existing information funds, their positive and negative sides are noted. The conclusion is made about the expediency of using artificial intelligence in the creation of forensic data banks.
Keywords: information support, forensic activities, technical and forensic activities, reference and information funds, reference and auxiliary records.
Article bibliography
1. Rossinskaya E. R., Galyashina E. I., Zinin A. M. Theory of forensic examination: textbook / Ed. E. R. Rossinskaya. – Moscow: Norma, 2009. – 368 p.
2. Ryzhkov I. V. Theoretical foundations and modern trends in the organization of the functioning of natural collections: dis. … Cand. of Law. – Volgograd, 2023. – 213 p.
CRIMINALISTICS
FAYZULLINA Alina Anisovna
Ph.D. in Law, associate professor, associate professor of Criminalistics sub-faculty of the Institute ofLaw of the Ufa University of Science and Technology
MOTIVATION OF CRIMINAL BEHAVIOR OF SERIAL KILLERS
The detection and investigation of serial murders has its own peculiarities related to the need for a deep analysis of the individual psychological properties of the criminal’s personality, the motivation for criminal behavior. The peculiarity of the criminal behavior of a serial killer is that along with the conditions of a specific situation, it is also determined by internal factors, in particular, the motives and goals of the crime, the form of guilt. The use of data on the forensic characteristics of the personality of a serial killer (social status, occupation, criminal connections, character and temperament, motives and goals of the crime, etc.) ensures the effectiveness of planning and conducting investigative actions and operational search activities, allows you to correctly choose the most optimal ways to search for the criminal and the direction of the investigation as a whole.
Keywords: personality of the criminal, serial killer , motivation of criminal behavior, individual psychological characteristics of the personality, investigation of the crime
Article bibliography
1. Antonyan Yu. M., Vereshchagin V. A., Potapov S. A., Shostakovich B. V. Serial sexual murders. Moscow, 1997. P. 4.
2. Anfinogenov A. I. Psychological portrait of a criminal, its development in the process of investigating a crime: dissertation . … candidate of psychological sciences. Moscow, 1997. 183 p.
3. Yablokov N. P. Forensic Science: Textbook and Workshop for Bachelor’s and Specialist Degrees. 3rd ed., revised and enlarged. Moscow: Yurayt Publishing House, 2024. 239 p.
CRIMINALISTICS
SHARIFULIN Artem Arturovich
student of the 5th course of the Institute of the Prosecutor’s Office of the O. E. Kutafin Moscow State Law University (MSAL)
SHARIFULIN Gennady Arturovich
magister student of the 2nd course of the Vladimir Law Institute of the FPS of Russia, major of police
ON THE ISSUE OF THE PECULIARITIES OF THE CRIMINALISTIC CHARACTERISTICS OF THE THEFT OF NON-CASH FUNDS OF INDIVIDUALS
The article is dedicated to debatable issues of both the general criminalistic characteristics of crimes and the criminalistic characteristics of theft of non-cash funds of individuals. Based on the doctrinal provisions of criminalistics and forensic investigative practice, the author’s definition of criminalistic characteristics is formulated; approaches to determining the criminalistic The characteristics of theft of non-cash funds of individuals have been identified; his own modernized basic approach to criminalistic characteristics of this group of crimes has been developed.
Keywords: criminalistic characteristics of crime, theft, stealing, fraud, computer fraud, non-cash funds, individual, method of crime, criminalistics.
Article bibliography
1. Belykh Yu . P., Lyashchev D. V. Theft of non-cash funds: criminal-legal, criminal-procedural and forensic aspects // Bulletin of Tyumen State University. Socio-economic and legal research. – 2022. – Vol. 8. No. 2 (30). – P. 152-163. – DOI: 10.21684/2411-7897-2022-8-2-152-163.
2. Volohova O. V. Features of the investigation of fraud committed against citizens: Abstract of Cand. Sci. (Law) Dissertation. – M., 2003. – 24 p.
3. Gasparyan G. Z. Investigation of embezzlement of funds funds committed using information banking technologies: Dis. … Cand. of Law. Sciences. – M., 2021. – 300 p.
4. Ishchenko E. P. Forensic Science: Lecture Course. – M.: Law Firm ” CONTRACT”; AST-MOSCOW, 2007. – 416 p.
5. Klepitsky I. A. Introduction to Economic Criminal Law: a tutorial. – M.: Publishing Center of the O. E. Kutafin University (MSAL), 2022. – 186 p.
6. Klepitsky I. A. Commentary on the Criminal Code of the Russian Federation (article by article). – 9th ed. – M .: RIOR: INFRA-M, 2018. – 710 p. – DOI: https:/ /doi.org/10.12737/24764.
7. Klepitsky I. A. New economic criminal law: monograph. – M .: Prospect, 2022. – 984 p. – DOI: 10.31085/9785392331284-2020-984.
8. Forensic Science: Textbook for Bachelors and Specialists / Ed. E. P. Ishchenko. – M.: Prospect, 2020. – 560 p. – DOI: 10.31085 /9785392299386-2020-560.
9. Mailyan A. V. Improving the methodology for investigating theft using electronic means of payment: Abstract of Cand. of Law Dissertation. – Rostov n / D, 2021. – 25 p.
10. Malikov S. V., Balashov D. N., Balashov N. M. Forensic Science: Textbook. – 7th ed. – M.: RIOR: INFRA-M, 2022. – 242 p. – DOI: https: //doi.org/10.29039/01883-5.
11. Ushakov R. M. Qualification of thefts committed using information technologies: monograph. –M.: Yustitsinform, 2023. – 160 p.
12. Sharifulin A. A. Features of consideration of the report on theft of non-cash funds of individuals // Legal almanac. – 2024. – No. 5 (36). – pp. 58-67.
CRIMINALISTICS
KLYUEVA Yuliya Alexeevna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
THE DETERMINING ROLE OF THE PRELIMINARY STAGE OF THE FORENSIC EXAMINATION OF PSYCHOACTIVE SUBSTANCES
The article examines the features of preliminary research in the production of forensic examination of psychoactive substances and substantiates the need to separate it into a separate stage. A comparison was made of various departmental orders regulating the production of forensic examinations in terms of a preliminary study of the received materials.
Keywords: stages of the forensic examination, psychoactive substances, preliminary research, suspension of the suspension of the forensic examination, departmental orders, legal conflicts.
Article bibliography
1. Averianova T. V. Forensic examination. General theory course. – Moscow: Norma, 2009. – 480 p.
2. Arotsker L. E. Theoretical foundations of Soviet forensic examination // Forensic examination. – 1966. – Issue I. – P. 60-61.
3. Belkin R. S. Forensic encyclopedia. – M.: Megatron XXI, 2000. – 334 p.
4. Vinberg A. I. Forensic examination in Soviet criminal proceedings. – M.: Gosyurizdat, 1956. – 220 p.
5. Vladimirov V. Yu. Theory and practice of forensic weapons science. – St. Petersburg SPb: Fund “University”, 2003. – 400 p.
6. Zinin A. M., Mailis N. P. Scientific and legal foundations of forensic examination. Lecture course. – M.: UOP Mosk. akad. MVD of Russia, 2001. – 205 p.
7. Kol’din V. Ya. Identification in the production of forensic examinations. – M.: Gosyurizdat, 1957. – 152 p.
8. Rossinskaya E. R. Forensic examination in civil, arbitration and criminal proceedings. – M.: Norma: INFRA-M, 2011. – 736 p.
9. Shlyakhov A. R. Forensic examination and justice. – M.: Knowledge, 1981. – 64 p.
CRIMINALISTICS
MANAKOVA Elizaveta Alexeevna
adjunct of the 3rd faculty (Training of Scientific and Scientific-Pedagogical Personnel) of the Academy of Management of the MIA of Russia
SPECIAL SOFTWARE AS A TYPE OF SPECIAL TECHNICAL MEANS USED BY AN INVESTIGATOR IN THE INVESTIGATION OF CRIMES IN THE FIELD OF DRUG TRAFFICKING
The article deals with the problem of the investigator’s use of special software used as a special technical tool in the investigation of crimes, including taking into account the specifics of the investigation of crimes that are elements of transnational drug trafficking. The position is justified, which consists in the need for legislative changes to the norms of the Code of Criminal Procedure of the Russian Federation concerning the use of technical means. This regulation, in the author’s opinion, will shorten the time frame for the investigation of a criminal case, as well as make the investigation process complete, comprehensive and objective. Along with this, solving this problem will help investigators to use modern technologies in the investigation of crimes without fear of their admissibility.
Keywords: preliminary investigation, investigative actions, special software, special technical means, analytics, investigative action plan, drug trafficking.
Article bibliography
1. Ishchenko P. P. Information support of investigative activity: dissertation … candidate of legal sciences: 12.00.09; [Place of defense: Acad. General. Prosecutor’s Office of the Russian Federation]. – Moscow, 2009. – 202 p.
2. Burdanova V. S. Search for truth in criminal procedure. St. Petersburg University of the Ministry of Internal Affairs of Russia. – SPb.: Legal. Center Press, 2003. – 260 pp.
CRIMINOLOGY
BICHENOVA Anna Rolandjevna
senior lecturer of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
BORUKSON Sofya Leonidovna
cadet of the 3rd year of the 3rd platoon of the Samara Law Institute of the FPS of Russia
PERSONALITY TRAITS OF A VIOLENT OFFENDER
This article examines the key personality traits of a violent offender, identified through an analysis of the psychosocial and criminological aspects of his or her behavior. Particular attention is paid to factors that contribute to the development of violent tendencies, such as family upbringing, social environment, and individual psychological characteristics. Various types of violent offenders, their motivations, and behavior patterns are examined, which allows for a deeper understanding of the causes of violence. The main findings of the article are aimed at developing effective measures to prevent violence, as well as supporting the rehabilitation and resocialization of offenders. The article will be useful for researchers, practitioners in criminology, psychology, and social sciences, as well as specialists involved in the prevention of violence in society.
Keywords: violent offender, personality of the offender, psychosocial factors, criminology, violence, motivation, behavior, prevention, social protection, individual psychological characteristics, sociopath.
Article bibliography
1. Avdeeva Ya. O. Personality characteristics of a violent criminal. – Text: direct // Young scientist. – 2022. – No. 26 (421). – P. 80-81. [Electronic resource]. – Access mode: https://moluch.ru/archive/421/93705/ (date of access: 10/12/2024).
2. Voide E. G., Manuilova E. V. Features of the personality of a violent criminal // Criminological journal. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-lichnosti-nasilstvennogo-prestupnika (date of access: 10/12/2024).
3. Mozolevskaya A. G. Personality of a criminal committing serious violent crimes // Young scientist. – 2019. – No. 49 (287). – P. 367-368.
4. Mikhailov A. E., Ashin A. A. Criminological characteristics of the personality of a violent criminal: modern indicators // Bulletin of the Vladimir Law Institute. – 2021. – No. 1 (58). – P. 74-79.
5. Nagoeva M. A., Kolesnikova O. Yu. On the issue of typology of the personality of a criminal. // Law and Management. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-tipologizatsii-lichnosti-prestupnika (date of access: 10/12/2024).
6. Krivosheev S. V. Concept and characteristics of the personality of a criminal committing violent crimes in a pre-trial detention center. // Bulletin [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-osobennosti-lichnosti-prestupnika-sovershayuschego-nasilstvennye-prestupleniya-v-sledstvennom-izolyatore (date of access: 12.10.2024).
CRIMINOLOGY
VTORUSHINA Veronika Vitaljevna
postgraduate student of the St. Petersburg Law Institute (branch) University of the Prosecutor’s Office of the Russian Federation, assistant prosecutor of the Pervomaisky district of Vladivostok, Primorsky Krai
ARMED ATTACKS ON EDUCATIONAL INSTITUTIONS AS AN OBJECT OF CRIMINOLOGICAL RESEARCH
The article is devoted to the study of such a criminological phenomenon as armed attacks on educational institutions. The paper provides some statistical data on the commission of attacks on educational institutions, the number of victims, and the weapons used. The author investigated the most famous cases of armed attacks on educational institutions in the United States and Russia, based on the results of the analysis, which proposed the main signs and characteristic features of schoolshooting, as well as some personality traits of the “school shooter”. The work also focuses on the reasons for the commission of armed attacks on educational institutions. The article is relevant and will be of interest to law enforcement officials, juvenile delinquency prevention systems, and educational institutions.
Keywords: schoolshooting, columbine, bullying, educational institutions, security, armed attacks.
Article bibliography
1. Abramov A. E. School shooting in educational organizations as a particularly dangerous phenomenon of our time: prevention and counteraction to motiveless terrorist acts // Society: politics, economics, law. 2023. No. 3. P. 39-45.
2. Volchetskaya T. S., Avakyan M. V., Osipova E. V. Criminological characteristics and prevention of school shooting and cyberbullying in Russia and foreign countries // All-Russian Criminological Journal. 2021. No. 13. P. 155-159.
3. Vyatkina N. V., Shchukina R. I., Fedotova P., Gadzhieva M. T. Schoolshooting in Russia: a look at the problem of researchers and ordinary people // Bulletin of Perm National Research Polytechnic University. Social and Economic Sciences. 2023. No. 1. P. 120-130.
4. Davydov D. G., Khlomov K. D. Mass murders in educational institutions: mechanisms, causes, prevention // National Psychological Journal. 2018. No. 13. P. 202-206.
5. Karpova A. Yu., Maksimova N. G. Schoolshooting in Russia: what matters? // Power. 2021. No. 13. P. 154-159.
6. Nikishin V. D. Columbine (school shooting): essence, legal qualification, forensic diagnostics // Lex Russica. 2021. No. 11. P. 111-115. Prokazova V.. K. Schoolshooting: criminological characteristics and prevention // Collection of abstracts of speeches of participants of the international scientific and theoretical conference “Security of the individual, society and the state: theoretical and legal aspects. 2019. Pp. 564-568.
8. Ranenkova E. A., Kasaev I. Kh. Personality of the armed criminal who committed an attack on an educational organization in Russia: criminological aspect // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2023. No. 2 (65). Pp. 47-57.
9. Chuchin A. S. The phenomenon of schoolshooting in modern Russia. Legal aspect // Review. NCPT. 2020. No. 12. P. 444-447.
CRIMINOLOGY
LUTSEVA Kseniya Vladimirovna
lecturer of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
PROVIDING DRUG TREATMENT ASSISTANCE TO CONVICTS WITH DRUG ADDICTION IN THE SYSTEM OF DRUG-RELATED CRIME PREVENTION
The principles of treatment of drug addicted convicts serving sentences not related to imprisonment, laid down during the Soviet Union, were successfully implemented and allowed to return these persons to society after serving their sentence, prevent their further use of drugs, as well as recidivism. However, in the 1990s, this experience was lost, which affected drug crime, as well as the level of drug addicts. The adoption of the Federal Law «On Probation in the Russian Federation» served as a starting point for amending the regulatory legal acts governing the activities of criminal-executive inspectorates in the field of crime prevention of convicts with drug addiction.
Keywords: drug crime, persons with drug addiction, drug addiction, drug addiction treatment, medical and social rehabilitation, executive probation.
Article bibliography
1. 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: [dated November 23, 2020, No. 733] // Coll. legislation of the Russian Federation. – 2020. – No. 48. – Art. 7710.
2. On Probation in the Russian Federation”: federal law: [dated February 6, 2023, No. 10-FZ] // Coll. legislation of the Rus. Federation. – 2023. – No. 6. – Art. 917.
CRIMINOLOGY
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
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
THE MAIN DIRECTIONS OF PREVENTION OF THEFT OF VEHICLES
The presented article will address the problems of preventing theft of vehicles. Despite the dynamics of a decrease in the number of registered crimes – theft of vehicles, the problem of prevention of the crimes under consideration remains relevant, since traditionally theft of vehicles remains crimes with low detection. The article will list measures, both general and special. Special attention is paid to special criminological and individual measures of an organizational and technical nature.
Keywords: prevention, theft, vehicle, anti-theft systems, legislation.
Article bibliography
1. Kolesnikov R. V. The main methods of committing hijackings and thefts of vehicles and measures to prevent them // Bulletin of Tambov University. Series: Humanities. – 2011. – No. 7 (99). – P. 239-244.
2. Sorokun N. S. Issues of combating illegal seizure of a vehicle by non-governmental organizations // Jurist-Pravoved. – 2008. – No. 6 (31). – P. 113-115.
3. Kislov V. Thousands of dollars on wheels – this is the image that haunts a car thief when looking at any car parked on the street // Security. Reliability. Information. – 2006. – No. 65. – P. 6-11.
CRIMINOLOGY
RAGULINA Anastasiya Vyacheslavovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE COMPOSITION OF IATROGENIC CRIMES AND PROBLEMS OF LAW ENFORCEMENT PRACTICE
In this article, a study of the composition of iatrogenic crimes is carried out. It is noted that in the science of criminal law, there has not been a unified approach to solving the question of which crimes belong to those. A list of such crimes is provided. The elements and signs of the compositions of iatrogenic crimes are highlighted. Based on the results of the analysis, it is concluded that in order to more effectively apply the norms on iatrogenicit is necessary to solve the problem of crimes determining the moment of the beginning of human life. To do this, you need to perform three consecutive actions. Highlighting the objective side of iatrogenic crimes, the author comes to the conclusion that it consists in non-provision (inaction) or improper provision (action) of medical care. The quality of medical care is evidenced by its compliance with the requirements established in the relevant regulations, procedures, clinical recommendations, standards. In some cases (as law enforcement practice has shown), in the absence of these documents, doctors should rely on appropriate textbooks and manuals, instructions for medicines. When assessing the quality of medical care, its process, not the result, should be taken into account.
Keywords: iatrogenic crimes, components of iatrogenic crimes, object and objective side of iatrogenic crimes, subject and subjective side of iatrogenic crimes, medical care, medical care, medical worker.
Article bibliography
1. Kovalev M. I . Legal problems of protection of life, health and genetic dignity of a person. – Ekaterinburg, 1996. – 82 p.
2. Criminal law. Special part: Textbook for universities / Ed. Kozachenko I. Ya., Neznamovogo S. A. – M., 1997. – 516 p.
3. Rybakova T. I. Iatrogenic crimes: concept, essence, legislative regulation // Issues of Russian justice. – Issue 26 . – P. 386-392.
4. Ulezko S. I. The concept of iatrogenic crimes // Society and Law. – 2018. – No. 2 (64). – P. 46-51.
5. Utevsky B.S. Criminal law. – M., 1950 – 280 p.
CRIMINOLOGY
SHUGAIBOVA Saida Shugaibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
MARIANOV Alikhan Abdulayevich
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State Pedagogical University, Makhachkala
CRIMINOLOGICAL ASPECTS OF RAPE
This article is dedicated to the criminological analysis of crimes related to rape. It examines the main characteristics of this type of crime, including the motivation of the perpetrators, the characteristics of the victims, as well as the social and psychological factors contributing to the commission of such crimes.
Special attention is paid to the typology of criminals who commit rape, their personality characteristics and criminal biography.
Keywords: Rape, sexual violence, combating crimes against sexual integrity.
Bibliographic list of articles
1. Iksanov R. A., Akhtyamova A. R., Tukhbatullina Z. V. Rape: concept, composition and preventive measures // Alley of Science. – 2018. – T. 2. No. 4 (20). – P. 113-116. – EDN UPTQFO.
2. Koreneva M.K. Prevention and warning // Young scientist. – 2017. – No. 17 (151). – pp. 172-175. – EDN YMFAIP.
CRIMINOLOGY
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SEMENYUK Ruslan Alexandrovich
Ph.D. in Law, associate professor, Head of Civil law, fundamentals of human rights and law enforcement sub-faculty of the Altai Institute of Economics, branch of the St. Petersburg University of Management and Economics Technologies
VICTIMOLOGICAL PREVENTION OF FRAUD COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
The article deals with issues related to the analysis of the current state, level and dynamics of fraudulent crimes committed with the help of information and telecommunication technologies. In this regard, the psychological characteristics of the personality of victims of fraudulent attacks and methods of criminal influence on victims are revealed, taking into account these characteristics. Based on the information received, victimological prevention measures are proposed, implemented by public authorities and management at all levels.
Keywords: victimological prevention, fraud, information and telecommunication technologies.
Bibliographic list of articles
1. Botvin I. V. On the issue of modern causes and conditions of crime in the economic sphere // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. 2020. No. 2 (39). P. 170-172.
2. In 2023, banks prevented fraudulent embezzlement of 5.8 trillion rubles // Official website of the Bank of Russia. [Electronic resource]. – Access mode: https://www.cbr.ru/press/event/?id=18419/ (date of access: 10.08.2024) .
3. Sberbank announced an increase in the number of leaksto the personal data of Russians. [Electronic resource]. – Access mode: https://finance.mail.ru/2024-09-06/v-sbere-zayavili-o-roste-utechek-personalnyh-dannyh-rossiyan-62685804/ (date of access: 09/06/2024).
4. The Prosecutor General of the Russian Federation proposed introducing electronic identification of sellers on the Internet. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/21774021/(date accessed: 09/06/2024).
5. On the performance of service by district police officers in the serviced administrative area and the organization of this activity: order of the Ministry of Internal Affairs of Russia dated 03/29/2019 No. 205. [Electronic resource] Access from the reference and legal system “Consultant Plus”.
6. A pensioner from the Pavlovsky district took out loans and transferred 650,000 rubles to a “safe account” // Official website of the Main Directorate of the Ministry of Internal Affairs of Russia for the Altai Territory. [Electronic resource]. – Access mode: https://22.мвд.рф/news/item/54387385/ (date accessed: 08/30/2024).
7. The state of crime // Official website of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://мвд.рф/folder/101762/ (date of access: 10.08.2024).
CRIMINOLOGY
FRIZEN Peter Dmitrievich
Ph.D. in Law, associate professor, professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
RESHETNIKOVA Sofya Alexandrovna
Ph.D. in sociological sciences, Chairman of the Personnel and Municipal Service Committee of the Barnaul City Administration
SOCIO-ECONOMIC DETERMINANTS OF WOMEN’S CRIME AT THE PRESENT STAGE
The article examines the socio-economic causes and conditions of women’s crime in Russia, which the author divides into the following groups: adverse processes in the social and cultural spheres; causes related to women’s professional activities; problems in family life and the household sphere. In addition, the author also identifies a number of factors contributing to the growth of this type of crime: alcoholization and drug addiction of society, which affect the commission of crimes by women, and leads to loss of reproductive function, increased mortality of the population; features of a woman’s psychoemotional state, her psychological discomfort, unstable emotional background, which has a direct impact on her behavior.
Keywords: female crime, determinants, negative social phenomena, stalking, domestic crime.
Article bibliography
1. Botvin I. V. Modern determinants of crimes against property // Almanac of young scientists: Collection of scientific articles. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2022. – P. 47-50.
2. Botvin I. V. Modern problems of preventing domestic violent crime by district police officers // Current problems of combating crimes and other offenses. – 2022. – No. 22-2. – P. 12-13.
3. Voloshin I. A., Akmollaeva A. D. Certain aspects of female crime // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2016. – Vol. 2 (68). No. 3. – P. 52-57.
4. Grudinin N. S. Causal complex and personality of a female criminal // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (33). – P. 144-151.
5. Order of the Government of the Russian Federation of 29.12.2022 No. 4356-r “On approval of the National Strategy of Action in the Interests of Women for 2023-2030”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_436691/f62ee45faefd8e2a11d6d88941ac66824f848bc2/ (date of access: 04.04.2023).
6. Labor Code of the Russian Federation of 30.12.2001 No. 197-FZ [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/ (date of access: 04.04.2023).
7. Utkina E. Yu., Bogunova G. V. Criminological characteristics of female crime // Scientific notes of TSU. – 2014. – T. 5. No. 4. – P. 390-395.
CRIMINOLOGY
ALIEVA Asiyat Islamutdinovna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE ECOLOGY OF LIVING AND ITS IMPACT ON THE CRIMINOGENIC BEHAVIOR OF ADOLESCENTS
The article examines the relationship between the ecology of teenagers’ living and their criminogenic behavior. The author examines the influence of social, economic and cultural factors, such as the physical living environment, population density, family income, quality of educational institutions and access to cultural information, on the development of criminogenic behavior among adolescents. The author identifies several areas of prevention of criminogenic behavior of adolescents based on improving environmental living conditions.
Keywords: teenagers, ecology of living, criminogenic behavior, deviant behavior, crime prevention, social environment, crime rate, school environment, subculture.
Article bibliography
1. Kleiberg Yu. A. Psychology of deviant behavior: textbook and practical training for universities. – 5th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2020. – P. 48.
2. Ilyin V. A. Ecology of the urban environment and its influence on the social behavior of adolescents // Sociology of the city. – 2016. – No. 1. – P. 45.
3. Karpov L. K. Criminogenic determinants in the system of factors influencing juvenile delinquency // Bulletin of St. Petersburg University. Series 12: Psychology. Sociology. Pedagogy. – 2018. – Vol. 8. No. 1. – P. 61.
4. Petrova E. V. The influence of environmental living conditions on deviant behavior of adolescents // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. Series: Social Sciences. – 2019. – No. 2 (54). – P. 84.
LEGAL PROCEEDINGS
REDKINA Elena Nikolaevna
Ph.D. in Law, 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 FORMATION OF JUVENILE JUSTICE IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE
In this publication, the author conducted a study of the approbation of the introduction of juvenile justice institutions in the Russian Federation. Pilot projects in the field under study have proven the effectiveness and efficiency of juvenile justice, but they have not received legislative regulation and full implementation into law enforcement practice. The author reveals the challenges and problems faced by juvenile justice in the Russian Federation, and suggests specific measures to eliminate them. At the end of the study, the author concludes that it is necessary to legislate the features of juvenile justice in certain normative legal acts, as well as the active introduction into domestic legal proceedings of norms establishing an integrated approach to the protection of the rights of minors.
Keywords: minors, crime prevention, judicial protection, judicial reform, juvenile courts, juvenile justice.
Article bibliography
1. Berezyuk A. I. On the issue of juvenile technologies in criminal proceedings // StudNet. – 2021. – No. 2. – P. 41-44.
2. Goncharova E. V. History of the creation of juvenile justice in Russia // The role of student science in the development of economics and cooperation, Belgorod, April 16-18, 2013 / Belgorod University of Cooperation, Economics and Law. Volume 3. – Belgorod: Belgorod University of Cooperation, Economics and Law, 2013. – P. 53-56.
3. Kuzmina V. M. Formation of juvenile justice in Russia // Bulletin of Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2011. – No. 2. – P. 57-68.
JUDICIARY
MOROZ Sergey Alexandrovich
student of Jurisprudence sub-faculty of the Moscow International University, engineer of the Russian Federation “Central Research Institute “Electron””
KOMAROVA Sofya Sergeevna
student of the specialization “Economics of enterprises and organizations” of Industrial technologies and design sub-faculty of the St. Petersburg State University
STATISTICAL ANALYSIS OF DATA, WHEN INTRODUCING AUTOMATION OF THE JUDICIAL PROCESS, DURING THE JUDICIAL WATCH, TO IDENTIFY COMMON FACTORS THAT HINDER THE DEVELOPMENT AND ESTABLISHMENT OF JUSTICE IN THE RUSSIAN FEDERATION
The purpose of this work is to resolve interrelated issues in the form of the introduction of theory, products of scientific knowledge into judicial practice, the establishment of the cult of science and education, raising the status of active scientists, judges, teachers, as a result of the introduction of digital technologies.
The mechanism and novelty in this work is determined by the development and implementation of an independent program for the examination of judicial acts in judicial proceedings.
The basis for the development of judicial proceedings is the poor quality of training of current judges, improper conduct of trials, revealed as a result of the judicial watch program.
The essence of the problems and legal conflicts was revealed by the statistics of public opinion and the judicial watch program, obtained directly in the Courts of the Russian Federation, with analysis in scientific centers of Russia and friendly countries. The head and members of the United Russia Party of the Russian Federation decided to introduce a neural system into the legal field, which led to a study of problems in court proceedings, conflict resolution and the receipt of data converted to digital format.
By the decision of the United Russia Party and the approval of D.A. Medvedev, the public scientific and student movement, it was decided to conduct the Judicial Watch program in the Russian Federation.
Some of the main goals are,
1. Obtaining data on the level of justice;
2. calculation of the effectiveness of legal proceedings;
3. establishing the level of competence and compliance of judgments with modern legal requirements and scientific principles;
4. identification of negative factors in judicial proceedings: corruption, incompetence, etc.
The goal is not only to provide data, calculations, but also to introduce effective methods into legal proceedings, bypassing bureaucracy and corruption and “eternal” coordination in the state. the system.
The conclusions will be the result of the general problem formed and the options for its solution in real judicial practice, with a positive effect of interrelated issues.
Keywords: neural network, tabular form of the matrix system, legal proceedings, social adaptation, automatic transcription of the minutes of the meeting, examination of the judicial act, systematically complex analysis of the probabilistic dependence of the logical justification of cause-and-effect relationships.
Article bibliography
1. Galyashina E. I. Forensic linguistic examination: textbook. – Moscow: Prospect, 2021. – 421 p.
2. Galyashina E. I. Forensic speech science: textbook. – Moscow: Norma. INFRA-M, 2023. – 320 p.
3. Forensic examination in civil proceedings: scientific and practical manual / Ed. E. R. Rossinskaya. Civil law. – Moscow: Prospect, 2023. – 704 p.
4. Legal conflictology: theory and research methodology / Study guide Moscow State University named after M. V. Lomonosov / Doctor of Law M. N. Marchenko, 2022
5. Samsonova M. V., Streltsova E. G., Chaikina A. V., Chernykh I. I. Digital technologies in civil and administrative proceedings. Practice, analytics, prospects: Monograph. – M.: Infotropic Media, 2022. – 336 p.
6. Maryina A. A., Moroz S. A., Morozova I. G. Implementation of a neural system in the legal field based on a system-complex method of probabilistic dependence of causal investigative connections // Journal “Student Bulletin”. – 2024. – No. 20 (306). Part 8.
7. Ivanchin A. V. Construction of the elements of a crime: theory and practice: monograph / ed. L. L. Kruglikov. – Moscow: Prospect, 2023. -352 p.
8. Constitutional law and problems of corruption: the vision of young scientists: collective monograph / Responsible. editor S. N. Sheverdyaev. – M .: Yustitsinform, 2016. – 452 pp.
9. Aleshukina S. A. et al. Judicial protection: innovations and traditions in theory, legislation and law enforcement: monograph / Under. general. editorship L. V. Tumanova. – Moscow: Prospect, 2021. – 232 p.
10. Ruling of the Constitutional Court of the Russian Federation dated 02/28/2023 No. 304-O “On the refusal to accept for consideration the complaint of citizen Sergei Aleksandrovich Moroz on the violation of his constitutional rights by paragraph 1 of Article 49 of the Civil Procedure Code of the Russian Federation.
11. Mirkin B. G. Basic methods of data analysis: textbook and practical training for universities. – 2nd ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 303 p.
12. On the protection of the rights of consumers of poor-quality legal services // Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
13. The general part of the obligatory law in judicial and arbitration practice. Collection of current clarifications. Civil law. – Moscow: Statut, 2021.
14. Davydov V. A., Kolokolov N. A., Razinkina A. N., Yartsev R. V. Samples of procedural documents. Judicial proceedings / Under the general editorship of V. A. Davydov. – 2nd ed., revised and enlarged. – Moscow: Yurayt Publishing House, 2020. – 440 pp.
JUDICIARY
URUSOV Zamir Khasanovich
Ph.D. in pedagogical sciences, associate professor of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL STATUS OF THE SUPREME COURT OF RUSSIA IN THE JUDICIAL SYSTEM OF THE COUNTRY: THEORETICAL AND PRACTICAL ASPECTS
The article examines the regulations defining the legal status of the Supreme Court of the Russian Federation. It is concluded that the Supreme Court of the Russian Federation is the highest governing body of the judicial system. The study of the regulations defining the legal status of the Supreme Court of the Russian Federation gives it the right to administer justice in cases under the jurisdiction of the courts of the system of courts of general jurisdiction and the system of arbitration courts, as well as the right to exercise judicial control over them. The following conclusions can be drawn. This provision allows the Supreme Court of the Russian Federationration to clarify its functions and determine its place in the judicial system of the Russian Federation.
Keywords: rule of law, justice, judicial system, courts, judicial authority, judicial supervision, Supreme Court of the Russian Federation.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 No. 6-FKZ, of 30.12.2008 No. 7-FKZ, of 05.02.2014 No. 2-FKZ , from 21.07.2014 No. 11-FKZ, from 14.03.2020 No. 1-FKZ) // Official Internet portal of legal information http://www.pravo.gov.ru (date of access 04.09.2024).
2 . Protasova A.S. Legal status of the Supreme Court of the Russian Federation and its place in the judicial system // Materials of the Afanasyev Readings. – 2022. – No. 3 (40). – P. 76-83.
3. Federal Constitutional Law of 31.12.1996 No. 1-FKZ (as amended on 16.04.2022) “On the Judicial System of the Russian Federation” // Collection of Legislation of the Russian Federation. – 1997. – No. 1. – Art. 1.
4. Federal Constitutional Law of February 5, 2014 No. 3-FKZ “On the Supreme Court of the Russian Federation” (as amended on July 14, 2022) / / Collection of legislation of the Russian Federation. – 2014. – No. 6. – Art. 550.
5. Mekhrentseva N. A., Papulova Z. A. On the issue of the conceptual apparatus of the Russian judicial system // Lex Russica. – 2022. – No. 7 (188). – P. 148-152.
6. Mekhrentseva N. A. Development of judicial processes in Russia: generalization of the results of 1991-2021 // Legal science. – 2021. – No. 12 . – P. 72-75.
7. Art. 17 of the Federal Constitutional Law of 31.12.1996 No. 1-FKZ (as amended on 16.04.2022) “On the Judicial System of the Russian Federation” // Collection of Legislation of the Russian Federation. – 1997 . – No. 1. – Art. 1.
LAW ENFORCEMENT AUTHORITIES
AKHIYAROV Robert Ayratovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
GODOVYKH Alexander Alexandrovich
lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
BAYKALOV Vladislav Alexandrovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PSYCHOPHYSIOLOGICAL ASPECTS OF SHOOTING: STRESS MANAGEMENT AND CONCENTRATION OF ATTENTION AMONG CADETS
The article discusses modern methods of training cadets to shooting perform exercises, including psychophysiological approaches for stress management and improving concentration. The influence of stress on the physiological reactions and cognitive abilities of cadets, as well as the effectiveness of individualized training using biofeedback and cognitive behavioral therapy are analyzed. Recommendations are presented for the creation of training programs that take into account the individual differences of cadets in perception and reaction to stress.
Keywords: stress and its overcoming, fire training, cadet, practicing shooting exercises, concentration of attention.
Bibliographic list of articles
1. Weinshtein L. M. Pistol weapons: educational method. Pistol shooting manual: educational and methodological manual. – M., 2002. – 205 p.
2. Domracheva E. Yu., Ilyakhina O. Yu., Dorokhova A. V. Fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: theory and practice // Epoch of Science. – 2020. – No. 22. – P. 40-42.
3. Nikolaev N. Yu., Akhiyarov R. A., Koshevets G. V. Development of psychological stability of students of the Russian Ministry of Internal Affairs system in fire training classes and prospects application of psychological techniques for overcoming stress in practical activities // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 417-418. – EDN ZWXJXP.
4. Lavrichenko R.K., Lapshin I.E., Voskoboev A.I., Dyachenko E.A., Gushchin D.N. Improving the Methodology of Teaching Shooting from a Makarov Pistol: Methodological Recommendations. – Rostov-on-Don, 2018. – 56 p.
5. Skripkin N. P., Laptev A. A. Formation of cadets’ readiness for actions with weapons // Theory and practice of military education. – 2023. – No. 1 ( 1). – P. 68-74.
6. Taran A. N., Boykov A. A. Psychophysiological features of fire training of cadets in educational institutions of the Ministry of Internal Affairs of Russia // Society and Law. – 2014. – No. 1 (47 ). – P. 325-329.
7. Taksanov D. E. Fire training as one of the aspects of moral and psychological stability of cadets of educational institutions of the Federal Penitentiary Service of Russia // Young scientist. – 2022. – No. 49 (444). – P. 536-538.
LAW ENFORCEMENT AGENCIES
ILJINA Olga Vasiljevna
Ph.D. in Law, Associate Professor of Law Enforcement Sub-Faculty of the Penza State University
INFORMATION SUPPORT OF MANAGEMENT IN THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
The processes taking place in the modern world increase the level of threats to information security, ensuring confidentiality, integrity and accessibility of information. Electronic devices and networks became the instrument of the crime, objects in electronic form became the target of illegal actions, and the virtual environment became the place of commission. The information support system for the activities of internal affairs bodies is a system of information and communication technologies that ensure the collection, storage and access to information related to various aspects of the activities of the Department of Internal Affairs. The information processing and storage system has always been an important area of development for the Department of Internal Affairs, but in the era of information technology development it has received wide opportunities for improvement. Currently, this system operates at three levels (federal, regional and local), providing administrative, organizational and operational work of the Department of Internal Affairs with modern tools for collecting, storing, recording and accessing information.
Keywords: information support, information system, information security, information technology, internal affairs agencies.
Article bibliography
1. Gogaeva A. L. Functions and methods of administrative activities of the Internal Affairs Directorate (police) in the field of ensuring information security // Human rights in the context of the development of the information society and institutions of electronic democracy. Materials of the international scientific and practical conference. – Vladikavkaz: VSU, 2024. – P. 62.
2. Korelov O. A. Some problems of ensuring information security when using artificial intelligence in the management activities of internal affairs agencies // Information security as an element of national security. Collection of scientific articles based on the results of the All-Russian scientific and practical conference. – M.: Yurait, 2024. – P. 95-97.
3. Kishkovsky I. A. Priorities of information security in law enforcement // Cybersecurity: technical and legal aspects of information protection: materials of the interuniversity student scientific and practical conference , Moscow, April 27, 2022. – Volgograd: IP Chernyaeva Yulia Igorevna (Publishing House “Sirius”), 2022. – P. 107.
4. Matveev M. D. Digital technologies in the activities of law enforcement agencies of the Russian Federation // Current problems of justice and law enforcement: Proceedings of the IV All-Russian scientific and practical conference April 26, 2023, Pyatigorsk, April 26, 2023. – Pyatigorsk: PSU, 2023. – P. 259.
5. Shashkova V. N. Possibilities of information support for the activities of employees of internal affairs bodies // Bulletin of pedagogical sciences. – 2023. – No. 4. – P. 94-99.
LAW ENFORCEMENT AUTHORITIES
KIREEV Ildar Marseljevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
KHABAROV Dmitriy Valentinovich
associate professor of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
IVANCHENKO Evgeniy Sergeevich
Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ISSUES OF THE USE OF UNMANNED AERIAL VEHICLES IN THE PRACTICAL ACTIVITIES OF INTERNAL AFFAIRS BODIES
The presented work covers issues related to the potential and practical benefits of using unmanned aerial vehicles in the activities of law enforcement officers. The possibilities and risks of using unmanned aerial vehicles in this area are being considered. The results of the ongoing research are based on the analysis of the existing scientific literature on the use of unmanned aerial vehicles in the practical activities of the police. At the conclusion of the study, conclusions were drawn about the significant benefits that the introduced practice can bring, expressed in improving the efficiency of work, the safety of police officers and citizens.
Keywords: unmanned aerial vehicles, law enforcement agencies, increased efficiency, practical significance, mobility, sustainability.
Bibliographic list of articles
1. Sabinin A. A. On the issue of using unmanned aerial vehicles in the activities of traffic police officers // Current state and prospects for ensuring road safety: theory and practice. – 2023. – P. 149-153.
2. Kosovsky V. B ., Martynyuk S. N. Current issues of practical application of unmanned technology in the internal affairs bodies of the Russian Federation // Society: politics, economics, law. – 2021. – No. 3 (80). – P. 25-29.
3 . Bogdanov E.V., Stepantsova M. V., Vasekha M. S. Unmanned aerial vehicles of internal affairs bodies. Main aspects of using unmanned aerial vehicles // BBK 68.5/7ya73. – 2023. – P. 18.
4. Baranov A. R., Uskova M. A. Basics of using unmanned aerial vehicles by internal affairs bodies // BBK 68.5/7ya73. – 2023. – P. 10.
5. Dronova O. B., Prokofieva E. V. Problems of using unmanned aerial vehicles in supporting the activities of the units of the Ministry of Internal Affairs of Russia // Modern criminal procedural law – lessons of history and problems of further reform. – 2022. – T. 1. No. 1. – P. 212-217.
LAW ENFORCEMENT AUTHORITIES
KOSHKAROVA Yuliya Alexandrovna
Ph.D. in cultural studies, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
ASTAKHOVA Armini Avetikovna
Ph.D. in psychological sciences, senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
FEATURES OF THE DEVELOPMENT OF THE POLICE OF THAILAND: HISTORY AND MODERNITY
The article examines the features of the historical development and current state of the Thai police. The influence of English, Japanese and American traditions on the formation of Thai police agencies and their activities is noted. The modern structure and regulatory framework of the police are presented. The features characterizing the Thai police are revealed. Special attention is paid to the Strategy of the police department and its role in the process of improving the activities of law enforcement agencies in Thailand.
Keywords: Royal Thai Police, law and order, improvement of the police system, National Police Management Strategy.
Bibliographic list of articles
1. Royal Thai Police: Official website. [Electronic resource]. – Access mode: http://www.royalthaipolice.go.th/index.php (date of access: 20.06.2024).
2. National Police Management Strategy for 20 Years (2018-2037). [Electronic resource]. – Access mode: http://www.royalthaipolice.go.th/downloads/rtpstrategy20years.pdf (date of access: 20.06.2024).
3. World population review. [Electronic resource]. – Access mode: https://worldpopulation-review.com/country-rankings (date of access: 10.07.2024).
LAW ENFORCEMENT AGENCIES
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
SOCIAL GUARANTEES FOR EMPLOYEES OF THE UIS: PROBLEMS AND WAYS TO SOLVE THEM
The article presents a scientific analysis of individual problems of legal regulation of social guarantees for employees of the penal enforcement system of the Russian Federation, and makes proposals for improving legislation and law enforcement activities aimed at increasing the level of their social protection.
Keywords: penal enforcement system, social protection, social guarantees, housing, medical care, pension provision.
Bibliographic list of articles
1. Malkova L. L. Organizational and legal means of reducing staff turnover in the penal system of the Russian Federation // Ius Publicum et Privatum. – 2022. – No. 5 (20). – P. 43-51.
2. Derbina O. V. Organizational and legal problems of the implementation of the right of employees of the penal system to receive monetary compensation for the rental (sublease) of residential premises // Bulletin of the Institute: Crime, Punishment, Correction. – 2014. – No. 1 (25). – P. 56-59.
3. Smusenok A. V. Problems of administrative and legal regulation of the provision of social guarantees to employees of the penal system // The penal system at the present stage, taking into account the implementation of the Concept of development of the penal system of the Russian Federation for the period up to 2030. Coll. t. int. sci.-pract. conf. (Ryazan, November 17-18, 2022). – Ryazan, 2022. – P. 1116-1119.
4. Nerobova E. V. Problems of administrative and legal regulation of medical care for employees of the penal system of the Russian Federation // Actual problems of law: a scientific approach of young researchers: a collection of scientific articles by students of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia / under the general editorship of V. N. Nekrasov. – Vologda, 2020. – P. 170-174.
5. Bortnikov S. P., Popova L. N. Some issues of social security in the penal system // Bulletin of the Samara Legalinstitute. – 2022. – No. 2 (48). – P. 23-26.
6. Golodov P. V. Organizational and legal problems of pension provision for employees of the penal system // Bulletin of the Kuzbass Institute. – 2019. No. 4 (41). – P. 152-165.
7. Aniskina N. V. Tax benefits as one of the necessary elements for the formation of a system of social and legal guarantees provided to employees of the penal system // Social and legal guarantees and measures of social protection of employees of the Federal Penitentiary Service of Russia. Coll. of materials. interuniversity scientific-practical. seminar (Pskov, December 9, 2022). – Pskov, 2023. – pp. 9-16.
LAW ENFORCEMENT AUTHORITIES
MAGOMEDALIEV Aliyulakh Magomedalievich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Eduard Vadimovich
associate professor of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GORYAGIN Roman Alexeevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
THE INTRODUCTION OF A SYSTEMATIC APPROACH TO MANAGEMENT ACTIVITIES IN THE DEPARTMENT OF INTERNAL AFFAIRS. DEVELOPMENT PROSPECTS
The article is devoted to the urgent problem of improving the efficiency of management in the internal affairs bodies by introducing a systematic approach. It analyzes the shortcomings of the traditional management model based on functional separation, and demonstrates the need to move to a system vision that takes into account the interconnection of all elements of the system and their interaction. Modern processes of reforming all spheres of life in Russian society, focused on institutions of containment of society and a democratic rule of law state, are characterized by complexity and inconsistency. The state of law enforcement, which has become one of the most serious aspects of subsequent reforms, is of particular concern.
Keywords: internal affairs bodies, system, management, structure, management work.
Article bibliography
1. Klychnikov V. M. Organizational technologies in the management system of law enforcement agencies: theoretical and methodological aspect: Dis. … Cand. of Law: 12.00.11. – Moscow, 2003 – 195 p. RSL OD, 61:04-12/89
2. The doctrine of I. P. Pavlov on higher nervous activity. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/uchenie-i-p-pavlova-o-vysshey-nervnoy-deyatelnosti, free (date of access: 06/27/2024).
3. Antonov V. V., Kalimullin N. R. Method of forming an integrated decision support system for heads of departments and personnel services in internal affairs bodies. In the collection: Information technologies of intellectual decision support (ITIDS’2019). Proceedings of the VII All-Russian scientific conference (with invitation of foreign scientists): in 3 volumes, 2019. – P. 180-183.
4. Technical Association ZENIT. Psychology as a metrologically sound science. [Electronic resource]. – Access mode: https://skies.land/tozenit (date of access: 27.06.2024).
5. Educational portal “ZNANIO”. What is system-vector psychology and how does its study contribute to personal development? [Electronic resource]. – Access mode: https://zen.yandex.ru/media/znanio/chto-takoe-sistemnovektornaia-psihologiia-i-kak-ee-izuchenie-sposobstvuet-razvitiiu-lichnosti-5e5cc843cdb5b2604ab65080 (date of access: 27.06.2024).
6. Psychology. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/klinicheskie-ekspertnye-metody-psihologicheskoy-diagnostiki-v-professionalnom-otbore-sotrudnikov-pravoohranitelnyh-organov-na, free (date of access: 27.06.2024).
LAW ENFORCEMENT AGENCIES
MARTYNENKO Vladislav Sergeevich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
KARELKIN Evgeniy Nikolaevich
Ph.D. in sociological sciences, associate professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
BORISOVA Natalya Ivanovna
lecturer of Operational investigative activities of the internal affairs bodies sub-faculty of the Omsk Academy of the MIA of Russia
BOYKO Alexander Dmitrievich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
PEDAGOGICAL SYSTEM OF ORGANIZATION OF PHYSICAL TRAINING AND SPORTS IN EDUCATIONAL ORGANIZATIONS OF THE MIA OF RUSSIA
Physical training, as well as sports in educational organizations of the Ministry of Internal Affairs of Russia are integral elementsof educational activities, which are characterized by the presence of a service-applied nature. Physical training is one of the fundamental disciplines in the professional training of cadets and students. In general, this discipline is represented by a single pedagogical process, which is aimed at developing and improving the speed-strength qualities of law enforcement officers, is a guarantee of the effective implementation of service and operational combat missions, as well as the competent use of physical strength and high performance in the process of future service activities.
The level of formation of physical readiness and improvement of skills, abilities and competencies of physical orientation depends on the professional competence of teaching staff. It is the personal professional qualities of the teacher in the educational process that affect the organization of physical training, the level of physical qualities of students, the methodology of conducting classes, electives and sports sections.
The work presents pedagogical tools, methods and generally explains the influence and importance of the pedagogical process for the development and improvement of physical skills and abilities of students from educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: pedagogical process, teacher, professional competence, physical training, professional activity, sports and physical training, training process.
Article bibliography
1. Struganov S. M., Panova O. S., Ukrainsky S. V. Improving special-applied qualities in physical training classes using the method of knocking down factors // Current issues in the development of hand-to-hand combat: problems , solutions, prospects: Collection of scientific papers of the International scientific and practical conference, Moscow, October 5-6, 2023. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2023. – P. 133-137. – EDN LNLMVS.
2. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodological and practical foundations of physical education and training of students of educational organizations of the Ministry of Internal Affairs of Russia: Textbook. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p. – ISBN 978-5-7247-1179- 1. – EDN GBDLJV.
3. Babin A. V. Methodological recommendations for the formation and development of physical qualities for police officers to act in special conditions // Modern approaches to training personnel in the interests of ensuring legality and law and order: issues of modernization and improvement: Collection materials of the educational and methodological meeting, Ufa, February 21-22, 2024. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – P. 29-32. – EDN FBSBXQ.
4. Babin A. V. The Importance of Physical Fitness in the formation of a healthy lifestyle of students of educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of the internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd, February 1 – March 1, 2023 / Editorial board: R. V. Kamnev, O. S. Panova , D. G. Ovechkin [and others]. Issue 5. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 23-27. – EDN BZFBAO.
5. Babin A. V., Yachmenev S. P. The influence of physical training of educational organizations of the Ministry of Internal Affairs of Russia on the motivation of physical activity among students // Current issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training of employees of internal affairs bodies: Proceedings of the international scientific and practical conference, St. Petersburg, May 25-27, 2023. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 16-19. – EDN HZRMHE.
6. Gabdrashitova K. I. Sports leisure as an element of independent training, influencing the increase in the level of physical abilities of students of educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of the internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd , July 01 – July 30, 2022 / Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [et al.]. Volume Issue 4. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2022 . – P. 137-141. – EDN KRXGFG.
LAW ENFORCEMENT AGENCIES
MIRZAEV Mirza Abdullaevich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
ISAMAGOMEDOV Abdulkader Magomedovich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
CONCEPT, MEANING, FEATURES OF THE JUDICIARY IN THE RUSSIAN FEDERATION
The article describes the significance and characteristics of the judiciary in the Russian Federation, gives its concept, interpreted by scientists. It is characterized by its main features. In connection with the said purpose of this study can be defined as the identification of the characteristics of the judiciary in our country and its importance. The concept of judicial power is given: it is a branch of state authority, representing the set of judicial bodies whose main purpose is to exercise justice in protecting citizens’ rights and freedoms, resolving disputes between them, as well as between state authorities. It is said about its essence, The importance of the judiciary in Russia is due to the fact that it guarantees the development of the country and is a prerequisite for building the rule of law. The problem of lack of concept of judicial power in the Constitution of the Russian Federation and the Federal Constitutional Law of 31 December 1996 1-FKZ “About the judicial system of the Russian Federation” is highlighted, therefore legal scholars interpret it ambiguously. The main methods of the research are formal-legal, comparative-legal, analysis method. Emphasis is placed on the changes made by the 2020 amendments to the implementation of the judiciary. The study concluded that the principle of justice is a determining factor in the organization of the judiciary. The large number of features inherent only to the judiciary, shows its uniqueness compared with other branches of government.
Keywords: state, judicial power, justice, state power , amendments of 2020, the Constitution of the Russian Federation, economic space, respect for the rights of each citizen, autonomy, rule of law, absence of notion of judiciary, meaning of judicial power in the Russian Federation, legal conflicts.
Article bibliography
1. Aleshkova I. A., Vlasova T. V. Judicial power in the system of separation of powers in the Russian Federation: modern understanding // Russian judge . – 2012. – No. 8. – P. 5-8.
2. Denisenko S. V. On the issue of the concept and characteristics of judicial power // Bulletin of the Faculty of Law of the Southern Federal University. – 2022. – V. 9. No. 2. – P. 23-28.
3. Dikova I. V. Specifics of the Judicial Authority in the System of Separation of Powers // Law and Right. – 2022. – No. 6. – P. 24-26.
4 . Knyazeva E. V. Justice as the main function of the judiciary // Modern problems of state and law: collection of materials. International scientific and practical conference dedicated to the 65th anniversary of the Siberian University of Consumer Cooperatives (Novosibirsk, December 10, 2020). – Novosibirsk: Siberian University of Consumer Cooperation, 2020. – P. 110-112.
5. Kovalenko S. G. Judicial power in the Russian Federation: concept and principles // Law. Right. State. – 2023. – No. 4 (40). – P. 157-158.
6. Romanovsky G. B., Shishkin A. D. Concept, meaning, features of judicial power in the Russian Federation // Legal policy of the state: theory, history, practice. – 2014. – No. 4 (8). – P. 1-14.
7. Sorokin R. S. Concept and characteristics of judicial power as a type of state power // Judicial system and civil society of Russia: Saratov: Volga Region Institute of Management named after P. A. Stolypin – branch of the Federal State Budgetary Educational Institution of Higher Professional Education “Russian Presidential Academy of National Economy and Public Administration” service under the President of the Russian Federation”, 2015. – P. 41-43.
8. Terentyev A. V. Concept, essence and significance of judicial activity in the Russian Federation // Trends in the development of science and education. – 2023. – No. 95 -3. – P. 155-158.
9. Terentyev A. V. The essence and significance of the judiciary in the Russian Federation // Trends in the development of science and education. – 2022. – No. 91-4. – P. 24-27.
10. Khodareva T. V. The role and significance of the judiciary in the legal system // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 4 (15). – P. 34–38.
LAW ENFORCEMENT AGENCIES
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
PODOLSKIY Vladimir Vyacheslavovich
associate professor of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
ZAKOMALDIN Alexander Sergeevich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
PHYSICAL TRAINING AS A KEY COMPONENT OF THE PROFESSIONAL COMPETENCE OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES
The article considers physical training as a key component of the professional competence of an employee of the internal affairs bodies. The essence of the professional competence of an IAB employee and its structure, in which physical training occupies an important place, are revealed. The main elements of physical training as a component of professional competence are described in detail: the development of physical qualities, the formation of applied motor skills, and the maintenance of functional readiness of the body. It is noted that a high level of physical fitness provides an employee of the Department of Internal Affairs with psychophysical stability, the ability to effectively use physical force, confidence in their actions and has a positive effect on other components of professional competence. The article also discusses the main elements of the organization of physical training of police officers, including regulatory and legal regulation, educational and methodological, logistical and personnel support. In conclusion, the conclusion is made about the key role of physical training in ensuring the effectiveness and safety of the official activity of an employee of the internal affairs bodies.
Keywords: physical training, professional competence, an employee of the internal affairs bodies, regulatory and legal regulation.
Bibliographic list of articles
1. Ivanov A. V. The role of physical training in the formation of professional competencies of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 123-128.
2. Sidorov S. A. The influence of physical training on efficiency of official activity of employees of the Internal Affairs Directorate // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 42-49.
3. Kuznetsov M. M. Features of the organization of physical training in the system of professional training of employees of the Internal Affairs Directorate / / Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 67-73.
4. Smirnov I. V. An integrated approach to the physical training of employees of internal affairs bodies // Scientific notes of the P. F. . Lesgaft. – 2022. – No. 3. – P. 281-286.
SAFETY AND LAW
DORONIN Yuriy Petrovich
Ph.D. in historical sciences, associate professor, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
INTEGRATIVE ORIENTATION OF THE RUSSIAN LAW IN ANTI-EXTREMISM COOPERATION
In this article the author examines the integrative guidelines of the Russian law aimed at countering extremism in international cooperation and proposes some forms of cooperation in this area. The author analyzes the provisions of the Federal Law “On Counteracting Extremism-Related Activities”, the National Security Strategy of the Russian Federation, the Strategy to Counteract Extremism in the Russian Federation until 2025 and a number of implemented international regulatory legal acts. p> Keywords: extremism, the United Nations Organization, security, counteraction, international cooperation, countering extremism.
Article bibliography
1. Borisov D. A. Extremism and the UN counter-terrorism agenda in the 21st century // World Politics. – 2018. – No. 1. – P. 48-57. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=24348 (date accessed: 10.07.2024).
2. UN Global Counter-Terrorism Strategy [Electronic document]: UN General Assembly Resolution No. 60/288 of 09/08/2006. – [Electronic resource]. – Access mode: https://base.garant.ru/70309134/?ysclid=lyfxapfeg470379622 (date of access: 07/10/2024).
3. Shanghai Convention on the Suppression of Terrorism , separatism and extremism of 15.06.2001 // On the ratification of the Shanghai Convention on Combating Terrorism, Separatism and Extremism: Federal Law of 10.01.2003 No. 3-FZ. – [Electronic resource]. – Access mode: https://https://docs.cntd.ru/document/901837728 (date of access: 10.07.2024).
4. Convention of the Shanghai Cooperation Organization on countering extremism of 9.06. .2017 // On the ratification of the Convention of the Shanghai Cooperation Organization on Countering Extremism: Federal Law of 26.06.2019 No. 196-FZ. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/560761959 (date of access: 10.07.2024).
5. On the national security strategy of the Russian Federation: Decree of the President of the Russian Federation of July 2, 2021 No. 400. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
6. On combating extremist activity: Federal Law of 25.07.2002 No. 114-FZ. – [Electronic resource]. – Access mode: Access from the reference and legal “ConsultantPlus” system.
7. Criminal Code of the Russian Federation: Federal Law of 13.06.1996 No. 63-FZ. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
8 . Code of the Russian Federation on Administrative Offenses of the Federation: Federal Law of 30.12.2001 No. 195-FZ. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
9. On approval of the Strategy for countering extremism in RussiaRussian Federation until 2025: Decree of the President of the Russian Federation of May 29, 2014 No. 344. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
SECURITY AND LAW
OVCHINSKIY Anatoliy Semenovich
Ph.D. in technical sciences, professor, professor of Information security of the educational and scientific complex of information technologies sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, Academician of the Russian Academy of Natural Sciences
ZHURAVLENKO Nikolay Ivanovich
Ph.D. in Law, associate professor, associate professor of Mathematical modeling and information security sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology, Corresponding Member of the Russian Academy of Natural Sciences
AYUPOVA Aygul Rafisovna
Ph.D. in physical and mathematical sciences, associate professor of Mathematical modeling and information security sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology
PROSPECTS FOR USING GENERATIVE APPLICATION OF STRUCTURAL ANALYSIS IN INFORMATION COMBATING DESTRUCTIVE ONLINE COMMUNITIES
The article discusses both cybercentric and anthropocentric approaches to ensuring information security. In the information war, there are actions that are carried out “here and now”, and deep, prolonged operations that are carried out for years and decades, as well as spiritual and worldview expansion. It is noted that our country has more than once found itself on the verge of collapse as a result of infection with “progressive” ideas and the aggravation of social contradictions, which were initiated and “fueled” by external hostile forces. Currently, with the development of Internet communications, network resources are beginning to play a significant role in the formation of worldview and intellectual positions. At the same time, network communities are coming to the forefront of the mental-cognitive war, uniting on the basis of destructive ideas. In the fight against such communities, the article proposes to identify their vulnerabilities associated with their organization, structure and what is their unifying principle.
Keywords: information security, system-structural analysis, prolonged information war, destructive online communities, mental-cognitive warfare, destructive ideologies.
Article bibliography
1. Weller M. Kyiv and Moscow. Divergence. – M .: AST, 2023.
2. Bismarck on Russia and Ukraine // Otechestvo Magazine. [Electronic resource]. – Access mode: https://Jonal-otechestvo.ru.
3. Metropolitan Tikhon (Shevkunov G.A.). The Death of an Empire. Russian Lesson. – M.: Free Wanderer, 2024. – 400 pp.
EDAGOGY AND LAW
ALIEVA Asiyat Islamutdinovna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
INTEGRATION OF SPORTS PROGRAMS INTO THE SYSTEM OF PREVENTION OF JUVENILE DELINQUENCY: RUSSIAN AND FOREIGN EXPERIENCE
This scientific article is dedicated to the urgent problem of preventing juvenile delinquency through the integration of sports programs. The author of the article suggests considering the potential of sports programs as a tool for preventing offenses among adolescents and their successful socialization. A sports team can become a positive reference group for a teenager, replacing an antisocial company. Russia has also accumulated some experience in using sports programs to prevent juvenile delinquency.
Keywords: juvenile delinquency, crime prevention, deviant behavior, integration, sports programs, socialization of adolescents, social adaptation, sports, project.
Article bibliography
1. Belsky A. I., Yagodin R. S. Sports programs as an effective means of preventing juvenile delinquency // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (33). – P. 39.
2. Karpov V. Yu., Skorosov K. K. Sports programs in the system of juvenile delinquency prevention: the US experience // Scientific notes of P. F. Lesgaft University. – 2018. – No. 4 (158). – P. 46.
3. Kashuba Yu. A., Khomutov M. I. Sports as a method of preventing juvenile delinquency // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (49). – P. 34.
4. Konovalova I. A. The role of physical education and sports in the prevention of deviant behavior of adolescents // Pedagogical, psychological and medical-biological problems of physical education and sports. – 2017. – V. 12. No. 2. – P. 72.
5. Shestakov V. A. Foreign experience of usingof sports in the prevention of juvenile delinquency // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (85). – P. 55.
PEDAGOGY AND LAW
VERBILOV Alexey Fedorovich
Ph.D. in technical sciences, associate professor, professor of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia, colonel of police
URAEV Rail Raufovich
Ph.D. in sociological sciences, associate professor, Head of Socio-economic and humanitarian disciplines sub-faculty of the Bashkir State Agrarian University
ZHUKOVA Anastasiya Igorevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
KOSOVSKAYA Daria Vyacheslavovna
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
INTERACTIVE TEACHING METHODS: PROSPECTS AND FEATURES OF IMPLEMENTATION
In this article, interactive teaching methods are considered as an effective tool for improving the quality of the educational process. The author analyzes the main types of interactive methods, including role-playing games, brainstorming, discussions, etc. The advantages of interactive teaching methods are discussed, such as increasing the motivation of students, developing critical thinking, improving communication skills and developing teamwork skills. The article also focuses on the prospects for the introduction of interactive methods in educational organizations, emphasizing the need to adapt traditional approaches to modern requirements and challenges. In conclusion, the authors conclude that interactive teaching methods open up new horizons for pedagogy, contributing to the creation of a more dynamic and engaged educational environment.
Keywords: interactive teaching methods, teaching methods, brainstorming method, interactive form of learning, competence approach.
Article bibliography
1. Bystrova N.V., Zinovieva S.A., Voronina I.R. Use of the “brainstorming” method in teaching legal disciplines // Problems of modern pedagogical education. – 2021. – No. 72-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-metoda-mozgovoy-shturm-v-prepodavanii-pravovyh-distsiplin (date of access: 08/30/2024).
2. Granitshaya A. S. Teach to think and act: Adaptive. teaching system in schools: Book for the teacher. – M .: Education, 1991. – 172 p.
3. Dokhoyan A. M. Interactive learning in higher education – requirements of FSES-3 // Humanitarian, socio-economic and social sciences. – 2014. – No. 5-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie-v-vysshey-shkole-trebovaniya-fgos-3 (date of access: 08/30/2024).
4. Egshatyan M. I., Titova E. R. Interactive teaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 08/30/2024).
5. Mukhametzhanova A. O., Aidarbekova K. A., Mukhametzhanova B. O. Interactive teaching methods at the university // International journal of applied and fundamental research. – 2016. – No. 2-1. – P. 84-88. [Electronic resource]. – Access mode: https://applied-research.ru/ru/article/view?id=8432 (date of access: 08/30/2024).
6. Fozilova M. A. Interactive teaching methods at the university // Economy and society. – 2022. – No. 9 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-v-vuze (date of access: 08/30/2024).
7. Shirpal (Boltovskaya) E. N. Advantages and disadvantages of interactive teaching methods // Pedagogical Bulletin. – 2022. – No. 23. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/preimuschestva-i-nedostatki-metodov-interaktivnogo-obucheniya (date of access: 08/30/2024).
EDAGOGY AND LAW
DADOV Aslan Vladimirovich
senior lecturer of Physical Training sub-faculty of the North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, major of police
FEATURES OF THE APPLICATION OF INNOVATIVE TECHNOLOGIES IN THE PROCESS OF PHYSICAL TRAINING OF STUDENTS, CADETS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the features of the application of innovative technologies in the process of physical training of students, cadets of educational organizations of the Ministry of Internal Affairs of Russia. The system of physical training implemented in educational organizations of the Mhistory of Internal Affairs of Russia needs to be improved due to the constant increase in requirements for the level of physical fitness of employees of the internal affairs bodies (OVD). Employees of the internal affairs bodies must have a certain level of professional competencies in the field of physical training, as they must counteract offenders with the use of physical force, special means and various types of firearms. There are many methods and mechanisms for improving the system of physical training in educational organizations of the Ministry of Internal Affairs of Russia. Taking into account modern trends in digitalization and informatization in the field of education, the most optimal and relevant is the use of innovative technologies. In pedagogy, innovative mechanisms contribute to increasing the effectiveness of physical training of students, cadets of educational organizations of the Ministry of Internal Affairs of Russia. It is in the educational process that the foundations of physical fitness of future employees of the internal affairs bodies are formed, and it is training that forms in the employees of the internal affairs bodies the ability to self-improvement of physical skills and qualities. A high level of physical fitness allows you to effectively counter offenders and minimize the risk of injury to all participants in illegal activities.
Keywords: innovations, physical training, innovative technologies, improvement , cadets, speed-strength qualities, competencies, skills, abilities, digitalization.
Article bibliography
1. Altunin A. Yu. Improving the process of physical training of cadets and students of universities of the Ministry of Internal Affairs through innovative technologies in the system of physical education and sports // Science-2020. – 2022. – No. 3 (57). – P. 141-147.
2. Gvozdkov P. Yu., Gilmutdinova N. I., Bondarenko D. M. Application of innovative technologies in the educational process for physical training of cadets (students) of universities of the Ministry of Internal Affairs of Russia // Scientific notes University named after P. F. Lesgaft. – 2023. – No. 1. – P. 104-108.
3. Gubenkov A. O. The influence of motivation on sports achievements // Improving the physical training of law enforcement officers: a collection of scientific articles ( Orel, June 23, 2022). – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 64-69.
4. Inozemtsev S. V. On some problems of modernization and use of new technologies in the field of physical education and sports // Improving fire and tactical – special training of law enforcement officers: Collection of materials of the All-Russian conference (Orel, May 19, 2022). – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 105-111.
5. Olkhovskaya I. V. Application of information and communication technologies in educational activities of sports educational institutions // International Journal of Humanities and Natural Sciences. – 2020. – No. 1-2 (40). – P. 37-39.
PEDAGOGY AND LAW
ZHABKIN Anton Sergeevich
Ph.D. in Law, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
LINEVICH Yan Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
STRIZHENOV Alexey Vyacheslavovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
INTERACTIVE TEACHING METHODS USED IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS
The article discusses modern interactive teaching methods used in educational organizations of the Ministry of Internal Affairs of Russia. Special attention is paid to their importance for the formation of professional skills among future specialists. The authors focus on various teaching methods, such as case studies, organizational and activity games and game design, which contribute to the development of critical thinking and the development of practical skills among students.
The study demonstrates how interactive methods actively involve students in the learning process, increasing their motivation and interest in professional activities. In conclusion, the article emphasizes the need to introduce interactive approaches into the educational process, which meets modern requirements for training personnel for the Ministry of Internal Affairs, and offers recommendations for their further application to improve educational results.
Keywords: case study, brainstorming method, game design, interactive teaching methods, teaching methods.
Article bibliography
1. Egshatyan M. I., Titova E. R. Interactive teaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 09/29/2024)
2. Koldina M. I., Voronina I. R. Using the brainstorming method in a university // Innovative economy: prospects for development and improvement. – 2020. – No. 2 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-metoda-mozgovogo-shturma-v-vuze (date of access: 09/29/2024).
3. Kutseeva E. L., Kutseev V. V. Modification of the brainstorming method in professional education // MNIZH. – 2016. – No. 2-4 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modifikatsiya-metoda-mozgovogo-shturma-v-professionalnom-obrazovanii (date of access: 09/29/2024).
4. Maltseva T. V., Mikhailova V. K. Use of active and interactive teaching methods in the educational process of the university of the Ministry of Internal Affairs of Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-aktivnyh-i-interaktivnyh-metodov-obucheniya-v-obrazovatelnom-protsesse-vuza-mvd-rossii (date of access: 09/29/2024).
5. Russkova Yu. N., Ulyanova I. V. Formation of professional competencies of cadets of educational organizations of the Ministry of Internal Affairs of Russia through interactive technologies // Psychopedagogy in law enforcement agencies. – 2018. – No. 4 (75). – P. 65-71. DOI: 10. 24411/1999-6241-2018-14012.
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
THE SOCIO-PEDAGOGICAL ASPECTS OF THE ADAPTATION OF JUVENILE OFFENDERS
The article deals with socio-pedagogical aspects of adaptation of juvenile convicts. Special attention is paid to the influence of educational and educational programs on the re-socialization of adolescents in prison conditions. The main problematic issues related to the adaptation processes are outlined, and possible ways of their solution with an emphasis on innovative approaches are proposed.
Keywords: Adaptation, juvenile offenders, resocialization, pedagogy, educational programs.
Article bibliography
1. Dubrovina I. V. Psychological support of children and adolescents in a crisis situation. – M.: Institute of Psychology of the Russian Academy of Sciences, 2020. – 312 p.
2. Andreeva G. M. Social Psychology: textbook. – 5th ed., revised and enlarged. – M.: Aspect Press, 2018. – 368 p.
3. Vinogradova N. A., Serov A. B. Pedagogical technologies for the resocialization of juvenile offenders. – M.: Pedagogical Society of Russia, 2019. – 274 p.
4. Tsarkova E. G., Antonovsky A. V. E-learning as a modern format of educational activities // Applied Psychology and Pedagogy. – 2022. – Vol. 7. No. 1. – P. 39-50.
5. Zorina N. S. Problems of adaptation of juvenile convicts in a correctional colony // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 447-448.
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 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 Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service” of Russia
ENSURING THE SCIENTIFIC ACTIVITIES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION THROUGH THE TRAINING OF HIGHLY QUALIFIED SCIENTIFIC AND PEDAGOGICAL PERSONNEL
The article reflects some regulatory legal acts regulating the provision of scientific activities in the penal system of the Russian Federation and the procedure for the work of postgraduate studies in educational organizations of the Federal Penitentiary Service of Russia. The scientific specialties for which highly qualified scientific and pedagogical personnel are trained in postgraduate educational organizations of the Federal Penitentiary Service of Russia, and the presence of existing dissertation councils operating on the basis of educational and scientific organizations of the Federal Penitentiary Service of Russia are considered . Some reasons were identified due to which the defense of dissertation research among postgraduate graduates did not take place during the period under study.
Keywords: postgraduate studies, dissertation, highly qualified scientific and pedagogical personnel, penal system of the Russian Federation.
Article bibliographic list
1. Grushin F. V. Training of scientific and pedagogical personnel for the penal system systems: some problems and possible solutions // Administrative law and process. 2024. No. 5. P. 35-38.
2. 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 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. Pp. 293-297.
3. Grushin F.V., Kashtanova A.O ., Zvyagina A. V., Shirkin A. A. Evaluation of the effectiveness of postgraduate studies in educational organizations of the Federal Penitentiary Service of Russia: analytical review / UK FSIN of Russia, FKU Research Institute of the Federal Penitentiary Service of Russia. M., 2023. 63 p.
EDAGOGY AND LAW
LAVRICHENKO Ruslan Konstantinovich
Ph.D. in pedagogical sciences, Deputy Head of International police cooperation and combating crime through Interpol channels of the center for training law enforcement officers to participate in peacekeeping missions of the All-Russian Institute for Advanced Training of the VIPK of the MIA of Russia, colonel of police
KOVALEV Vitaliy Vitaljevich
Ph.D. in technical sciences, Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia, colonel of police
ARTAMONOVA Mariya Alexandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
EDUCATIONAL TECHNOLOGIES USED IN THE TRAINING OF CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses modern educational technologies used in the process of training cadets and students of universities of the Ministry of Internal Affairs of Russia. The authors analyze the effectiveness of various technologies and methods, such as distance learning, problem-based research training, as well as their impact on the formation of professional competencies among future law enforcement officers. The study provides examples of successful implementation of innovative approaches in the educational process, highlights the problems faced by educational organizations. The conclusions emphasize the importance of integrating new technologies to improve the quality of education and training of highly qualified specialists in the field of law enforcement.
Keywords: teaching methods, interactive methods, learning technologies, educational process, distance learning, problem-based learning.
Article bibliographyphysical list
1. Dobrynina T. N., Gulyaevskaya N. V. Interactive learning technologies in the context of pedagogical innovations // Journal of Siberian Medical Sciences. – 2015. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-tehnologii-obucheniya-v-usloviyah-pedagogicheskih-innovatsiy (date of access: 08/21/2024).
2. Panina T. S., Vavilova L. N. Interactive learning // Education and Science. – 2007. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie (date of access: 21.08.2024).
3. Razbegaev P. V. Innovative technologies in the educational system of the Ministry of Internal Affairs of the Russian Federation // MNKO. – 2022. – No. 4 (95). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovatelnoy-sisteme-mvd-rf (date of access: 30.08.2024).
4. Russkova Yu. N. The essence and content of interactive learning technologies as a means of forming professional competencies among cadets of educational organizations of the Ministry of Internal Affairs of Russia // Proceedings of the XI International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2019/article/2018017605 (date accessed: 21.08.2024).
5. Tikhonova I. V., Pigida K. S., Ivanov I. I. Modern teaching technologies and ways of their implementation // Problems of modern pedagogical education. – 2020. – No. 66-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-tehnologii-obucheniya-i-puti-ih-realizatsii (date accessed: 21.08.2024).
6. Urakova E. A., Mikhailenko D. M., Sidorov A. N. Innovative educational technologies of the vocational education system // Problems of modern pedagogical education. – 2021. – No. 71-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-obrazovatelnye-tehnologii-sistemy-professionalnogo-obrazovaniya (date of access: 08.19.2024).
EDAGOGY AND LAW
FILIMONOV Rodion Nikolaevich
Head of Physical training and sports sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MUKHIN Igor Anatoljevich
lecturer of 15th Physical training sub-faculty of the Omsk Automobile and Armored Engineering Institute
PANKIN Andrey Mikhaylovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BOROVENSKIY Anton Alexandrovich
lecturer of Physical training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE DEVELOPMENT OF THE ABILITY OF SELF-IMPROVEMENT WITHIN THE FRAMEWORK OF INDEPENDENT PHYSICAL TRAINING OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Currently, special attention is paid to motivation and stimulation for independent physical improvement, sports activities of students, as this is necessary to realize the potential in the motor needs of cadets and trainees at the time of studying physical training, where a certain level of motor activity is required. The formation of an understanding of the need for independent physical education is the main goal of physical training teachers.
The concept of “physical literacy” is derived from physical self-improvement and actualizes this idea, emphasizing the importance of self-development of coordination, balance, endurance and speed, mastering various techniques for the safe and effective use of training plans, understanding the theory of sports and related meanings for understanding socio-cultural norms. physical perfection as physical literacy requires both logical thinking and creative skills to develop effective strategies for achieving personal success in a given environment.
Keywords: physical self-improvement, self-development, sports activity, physical qualities, level of physical fitness, self-observation, introspection, self-assessment.
Bibliographic list of articles
1. Panova O. S., Beletsky A. A., Babin A. V., Shanko V. V. Organization of the process of independent physical training of students of educational organizations of the Ministry of Internal Affairs of Russia as an element of improving professional training // Global scientific potential. – 2022. – No. 11 (140). – P. 180-184. – EDN YTWYCS.
2. Babin A. V. The importance of physical training in the formation of a healthy lifestyle of students of educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of the internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd, February 01 – 01.2023 / Editorial board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [et al.]. Volume Issue 5. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation,2023. – P. 23-27. – EDN BZFBAO.
3. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodical and practical foundations of physical education and training of students of educational organizations of the Ministry of Internal Affairs of Russia: Textbook. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p. – ISBN 978-5-7247-1179-1. – EDN GBDLJV.
PEDAGOGY AND LAW
SAPRONOV Sergey Vladimirovich
Ph.D. in technical sciences, senior lecturer of Tactical and special training sub-faculty of the Stavropol Branch of the Krasnodar University of the MIA of Russia
BAYRAMOV San Ajisayatovich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
BUDNIK Nikita Stanislavovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ANALYSIS OF THE EFFECT OF STIMULANTS ON IMPROVING THE SKILLS OF FIRE TRAINING OF CADETS
The article is aimed at a comprehensive analysis of the effectiveness of simulators used in the process of fire training of cadets, identifying their impact on improving practice-oriented skills of fire training, as well as developing recommendations for their use in educational organizations. The study is based on comparing the results of cadets’ training using simulators and without them, analyzing their interaction with traditional methods of fire training of students.
Keywords: fire training, shooting simulators, cadet training, effective shooting.
Article bibliography
1. Afonin D. A., Kapustin V. V. Integration of electronic firing simulators into the course of fire training of police officers / In the collection: Current issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training of police officers // Proceedings of the international scientific-practical conference. – St. Petersburg, 2022. – P. 54-56.
2. Arkhipov S. N. Use of the SKATT shooting simulator in fire training classes with special forces personnel // Concept. – 2014. – Vol. 20. – P. 3711-3715.
3. Blagovatin A. B. The main problems arising during the training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia within the framework of fire training // Epoch of Science. – 2019. – No. 19. – P. 9-11.
4. Kochurov A. G., Gedugoshev R. R. Development of professional competencies of employees of internal affairs bodies in the field of fire training // Modern scientist. – 2023. – No. 5. – P. 270-274.
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
GENERAL CHARACTERISTICS OF JUVENILE OFFENDERS IN THE FPS OF RUSSIA
The article is devoted to the analysis of social and psychological characteristics of juvenile inmates in penitentiary institutions of the Federal Penitentiary Service of Russia. The main socio-demographic and psychological factors influencing the criminal behavior of adolescents, the role of detention conditions and measures for their resocialization are considered. The problems related to the implementation of legislative norms and the effectiveness of re-socialization programs are emphasized. Special attention is paid to the consideration of directions of work to reduce recidivism.
Keywords: juvenile offenders, penal institutions, resocialization, criminal subculture, recidivism.
Article bibliography
1. Voroshchuk VB, Mashkin SG, Shevchenko EY General characteristics of the Slavic type of European penitentiary systems // Agrarian and land law. – 2023. – No. 4 (220). – P. 189-193.
2. Kostyuk MF, Kunts EV Minors as an object of criminal law and penitentiary research // Eurasian Advocacy. – 2024. – No. 2 (67). – P. 99-102.
3. Vilkova A. V., Fadeeva S. A., Lukashenko D. V. Extracurricular and educational work with juvenile convicts: similarities and differences // Bulletin of the Samara Law Institute. – 2023. – No. 2 (53). – P. 113-118.
4. Slabkaya D. N. Individually differentiated approach to counteracting the criminal subculture among minors held in institutions of the Federal Penitentiary Service of Russia // Psychology. Historical and critical reviews and modern research. – 2023. – P. 231.
Psychology and Law
IDRISOV Idris Kerimovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
PAVLOV Igor Mikhaylovich
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
MANDRYKA Yuliya Sergeevna
senior lecturer of Criminal process sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
BUKHTOYAROV Ivan Ivanovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
FACTORS INFLUENCING THE BEHAVIOR OF MINORS AND SOME ASPECTS OF THE WORK OF POLICE OFFICERS WITH DIFFICULT TEENAGERS
In this article, the biological factor is considered as one of the factors influencing the behavior of a juvenile offender. The authors consider the effect of hormones on adolescent behavior, as well as give examples of building effective communication with a juvenile offender. The authors list specific steps of preventive action against juvenile offenders and note the importance of knowledge about the factors influencing the behavior of adolescents.
Keywords: juvenile behavior, preventive impact, police officer, biological factor, difficult teenagers.
Article bibliography
1. Maistrenko G. A., Maistrenko A. G. Psychoanalytic view of juvenile delinquency // Education and Law. – 2023. – No. 11. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihoanaliticheskiy-vzglyad-na-podrostkovuyu-prestupnost (date of access: 09/01/2024).
2. Okutina N. N., Zabelich L. V. Juvenile delinquency in Russia: state and preventive measures // Bulletin of the UYU. – 2023. – No. 1 (99). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prestupnost-nesovershennoletnih-v-rossii-sostoyanie-i-mery-profilaktiki (date of access: 09/01/2024).
3. Silantyev V. I. Personality traits of juvenile offenders // Innovative science. – 2022. – No. 3-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-lichnosti-nesovershennoletnih-prestupnikov (date of access: 12.09.2024).
4. Tvorogova N. N. Establishing psychological contact with juvenile offenders // Society, law, statehood: retrospective and prospect. – 2022. – No. 3 (11). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ustanovlenie-psihologicheskogo-kontakta-s-nesovershennoletnimi-pravonarushitelyami (date of access: 17.09.2024).
5. Chekanova M. O. Social and psychological characteristics of juvenile offenders // Organization of work with youth. – 2018. – No. 3. – P. 2. – EDN XROXXF.
Psychology and Law
MANDRYKA Yuliya Sergeevna
senior lecturer of Criminal process sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
LINEVICH Yan Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
TSUROV Timirlan Beslanovich
lecturer of Fire Training sub-faculty of the Voronezh Institute of the MIA of Russia, senior lieutenant of police
ON THE IMPORTANCE OF DEVELOPING COMMUNICATION SKILLS AMONG POLICE OFFICERS
This article covers key aspects related to the effectiveness of law enforcement agencies in modern conditions. The authors emphasize that highly developed communication skills are a prerequisite for successful interaction between police officers and citizens, as well as within the team. The role of communication in the process of establishing trust, conflict resolution and crime prevention is described. The authors analyze modern methods of effective communication, paying special attention to the methods of active and passive, etc. In cinclusion, the article focuses on the fact that the development of communication skills is a strategic step towards creating a safer and more harmonious society, where dialogue between the police and the population becomes the basis for joint solutions to emerging problems.
Keywords: communication skills, police officer, professional training, psychology of communication, communication of police officers.
Article bibliography
1. Kochesokova Z. Kh. Psychology of communication of an employee of the internal affairs agency // Gaps in Russian legislation. – 2018. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-obscheniya-sotrudnika-organa-vnutrennih-del (date accessed: 09/28/2024).
2. Mashekuasheva M.Kh., Gelyakhova L.A. Formation of communicative competence of employees of internal affairs bodies taking into account modern psychotechnologies // Gaps in Russian legislation. – 2018. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-kommunikativnoy-kompetentnosti-sotrudnikov-organov-vnutrennih-del-s-uchetom-sovremennyh-psihotehnologiy (date of access: 09/06/2024).
3. Polyakova T. A., Golikova N. L. Communicative communication in professional activity // International journal of applied sciences and technologies “Integral”. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnoe-obschenie-v-professionalnoy-deyatelnosti (date accessed: 09/28/2024).
4. Rodin V. F., Balashova V. A. Communication in the activities of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschenie-v-deyatelnosti-sotrudnikov-politsii (date accessed: 09/06/2024).
5. Rodin V. F., Tsvetkov V. L. Communicative communication in the professional activities of the employees of the Ministry of Internal Affairs of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnoe-obschenie-v-professionalnoy-deyatelnosti-sotrudnikov-ovd-rf (date of access: 09/28/2024).]
6. Semchuk I. V., Slobodchikova Yu. V. Formation of communicative competence of employees of the internal affairs bodies in the process of professional activity // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-kommunikativnoy-kompetentnosti-sotrudnikov-ovd-v-protsesse-professionalnoy-deyatelnosti (date of access: 09.28.2024).
Psychology and Law
MARTYNYUK Sergey Nikolaevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
MUKHATAEV Nikolay Anatoljevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, senior lieutenant of police
LAZAREV Vladimir Yurjevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
BURLIN Sergey Vladimirovich
lecturer of the Cycle of cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
DEVELOPMENT OF STRESS TOLERANCE OF POLICE OFFICERS WHEN PERFORMING TASKS IN SPECIAL CONDITIONS
In the conditions of modern society, employees of law enforcement agencies face many stressful situations, which necessitates the development of stress tolerance as a key competence element. This article is devoted to the study of methods and approaches that contribute to increasing the stress tolerance of police officers when performing tasks in special conditions. The authors analyze the existing theoretical concepts and practical aspects of stress resistance formation. The authors note that the development of emotional stability can not only improve the quality of police work, but also minimize the risks of professional burnout.
Keywords: stress tolerance, police officer, special conditions, extreme conditions, psychological assistance, mental state.
Article bibliography
1. Zueva E. G., Barinova M. G. Psychophysiological characteristics of law enforcement officers taking into account the extreme nature of their activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (76). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihofiziologicheskie-osobennosti-sotrudnikov-pravoohranitelnyh-organov-s-uchyotom-ekstremalnogo-haraktera-deyatelnosti (date of access: 09/17/2024).
2. Samvelyan F. G., Kora N. A. Stress resistance of the individual as a psychological phenomenon // StudNet. – 2020. – No. 3. [Electronic resource]. – Modeaccess mode: https://cyberleninka.ru/article/n/stressoustoychivost-lichnosti-kak-sihologicheskiy-fenomen (date of access: 17.09.2024).
3. Samokhvalova E. A., Nosov A. V. Psychological methods of overcoming professional stress by employees facing extreme situations // Scientific journal. – 2017. – No. 10 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-metody-preodoleniya-professionalnogo-stressa-sotrudnikami-stalkivayuschimisya-s-ekstremalnymi-situatsiyami (date of access: 17.09.2024).
4. Dictionary of career guidance and psychological support / Comp. N. E. Druzhinin. – Kemerovo Regional Center for Professional Guidance of Youth and Psychological Support of the Population; Tomsk Center for Professional Guidance, 2003.
5. Urusova A. M., Bostanova S. N. Psychological characteristics of adolescents and stress resistance // Scientific notes of Lesgaft University. – 2022. – No. 5 (207). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-osobennosti-podrostkov-i-stressoustoychivost (date of access: 09.17.2024).
STATE AND LAW
RYZHENKOV Ruslan Andreevich
postgraduate student of the A. S. Griboedov Moscow University
STATE COERCION IN THE CONDITIONS OF DIGITAL TRANSFORMATION: SOME PROBLEM ASPECTS
The article examines the significance of state coercion, emphasizing its importance for maintaining public order and security. It raises the issue of the digitalization of public administration and the need to develop information systems to ensure the mechanism of state coercion. The prospects for using artificial intelligence to make decisions regarding the application of state coercion measures are discussed.
Keywords: state coercion, goals of state coercion, coercive measures, legal regulation, digitalization, artificial intelligence.
Article bibliography
1. Kaplunov A. I. On the main features and concept of state coercion // State and Law. – 2004. – No. 12. – P. 10-17.
2. 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) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 06/15/2024).
3. Maslov I. A. State coercion and state violence in modern political and legal doctrine // Legal Thought. – 2019. – No. 4-5. – P. 33-40.
4. Petrenko M. N. On the content, theoretical foundations and criteria for the admissibility of state-legal coercion // Legal state: theory and practice. – 2018. – No. 1 (51). – P. 75-80.
5. Karkhalev D. N. Digital rights in civil circulation // Siberian legal review. – 2022. – No. 2. – P. 134-141.
6. Sanavvarov G. B. On the theory of applying administrative coercion measures // ELS. – 2022. – No. 5. – P. 196-201.
STATE AND LAW
KHABIBULLINA Gulnara Rushanovna
Ph.D. in Law, associate professor, professor of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
GALEEV Ruslan Ilgizyarovich
postgraduate student of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
THE RIGHT TO WORK IN THE CONTEXT OF STATE EMPLOYMENT POLICY
This article focuses on the regulation of labor relations and the protection of workers’ rights, which is particularly relevant in the context of modern socio-economic conditions. The norms of the Constitution and the legislation of the Russian Federation form the foundation of the existing system of protection against unemployment, defining the limits of the rights and obligations of both parties to labor relations and creating a legal framework for their interaction. Protection from unemployment is an important task of constitutional and legal regulation in the field of labor. This activity is aimed at minimizing unemployment and its negative effects on social stability and well-being of the population. Since lack of work is directly linked to falling living standards and social discontent, the development and implementation of effective strategies to reduce unemployment and mitigate its consequences is considered a priority task in ensuring public well-being and reducing poverty.
Keywords: employment, state, right to work, freedom of work, guarantees, unemployment, welfare state, politics.
Article bibliography
1. Anishina V. I., Poponov Yu. G. Freedom of labor or the right to work? // Journal of Russian Law. – 2007. – No. 4.
2.Aseeva M. A., Gleba O. V., Zolkin A. L., Sverdlikova E. A. State employment policy in terms of ensuring the institutional rights of citizens // Management accounting. – 2021. – No. 7-1.
3. Geykhman V. L. Constitution of the Russian Federation and the right to work // Labor law in Russia and abroad. – 2019. – No. 1.
4. Zapolnova L. A. Employment of the population in the Russian Federation: essence and main trends // Economy and management: problems, solutions. – 2020. – Vol. 2. – No. 4 (100).
5. Kozlov Yu. A. Transformation of individual institutions of labor law in the context of digitalization // Labor law in Russia and abroad. – 2022. – № 1.
6. Mugaeva E. V. Features of the functioning of the labor market and employment of the population // Economy and business: theory and practice. – 2022. – № 6-2 (88).
7. Romanovskaya O. V., Ryzhkova A. V. Problematic aspects of the implementation of constitutional guarantees in the field of labor in modern conditions // Science. Society. State. – 2020. – Vol. 8. № 3.
8. Rodionova O. V. Social function of the modern state: Abstract of PhD in Law. – Moscow, 2007.
9. Russkikh T. V. Freedom of the parties to an employment contract upon its conclusion, modification, termination and the limits of its restriction: Dis. … Cand. of Law. – Izhevsk, 2011.
10. Fedin V. V. The relationship between the principle of freedom of labor and the right to work // Lex russica. – 2004. – No. 2.
11. Chikanova L. A. The right to work: constitutional and international aspects // Journal of Russian Law. – 2018. – No. 5 (257).
STATE AND LAW
SUKHANOV Stanislav Andreevich
postgraduate student of the North-West Institute of Management – branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
CURRENCY REGULATION IN THE DIGITAL ECONOMY: LEGAL ASPECT
The article examines the impact of the digital transformation of the economy on currency regulation. Dematerialization of the economy inevitably entails the dematerialization of means of payment. It is noted that the focus of currency regulation is on digital assets issued, registered, stored, transferred or traded using blockchain technology and smart contracts: cryptocurrencies, digital financial assets, tokens, etc.; digital assets that are not related to this technology (virtual gaming and corporate currencies, platform currencies, etc.) are ignored. It is concluded that currently the norms of currency legislation are of a framework nature, rather they indicate a general trend in currency policy – the need to streamline the use of digital assets in currency transactions. It is noted that the inclusion of requirements for “settlements through an electronic wallet” in the legislation on currency regulation seems illogical from the point of view of delimiting the spheres of legal regulation.
Keywords: currency regulation, cryptocurrency, digital assets, digital financial assets, digital economy, currency transactions.
Article bibliography
1. Development of the digital asset market in the Russian Federation. Bank of Russia report for public consultations. – 2022. – [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/141991/Consultation_Paper_07112022.pdf (date of access: 15.07.2024).
2. Cryptocurrencies: trends, risks, measures. Bank of Russia report for public consultations. – 2022. – [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/132241/Consultation_Paper_20012022.pdf (date accessed: 16.07.2024).
3. Kolychev A. M., Rassolov I. M. Legal support of the economy: textbook and workshop for universities. 2nd ed., corr. and add. – Moscow: Yurait Publishing House, 2023. – 403 p.
4. Savenko N. E. Legaltech in the digital economy and legal regulation of economic activity of citizens // Law. Journal of the Higher School of Economics. – 2023. – Vol. 16. No. 1. – P. 145-171. – DOI: 10.17323/2072-8166.2023.1.145.171.
5. Ishchenko M. V. Digital economy in the theoretical aspect // SIBIT Bulletin. – 2020. – No. 4 (36). – P. 20-36. doi:10.24412/2225-8264-2020-436-20-26.
6. Ovechkin A. P. Currency regulation as a category of currency law // Law and state: theory and practice. – 2019. – No. 11 (179). – P. 141-142.
7. Yakovlev O. K. Analysis of the legal definition of digital currency // Eurasian Advocacy. – 2021. – No. 1 (50). – P. 39-43. – DOI 10.52068/2304-9839_2021_50_1_39.
8. Girich M. G., Ermokhin I. S., Levashenko A. D. Comparative analysis of legal regulation of digital financial assets in Russia and other countries // Bulletin of international organizations. – 2022. – Vol. 17. No. 4. – P. 176-192. – doi:10.17323/1996-7845-2022-04-07.
9. Zainutdinova E. V. Models of legal regulation of the circulation of digital rights and digital currency // Law. Journal of the Higher School of Economics. – 2023. – Vol. 16. No. 4. – P. 149-182. DOI: 10.17323/2072-8166.2023.4.149.182.
10. Ponomarenko V. E., Dibina D. V. Legal regulation of crypto assets in advanced crypto jurisdictions of Europe: Malta, Liechtenstein, Switzerland // Journal of Legal Research. – 2021. – No. 2. – P. 107-118.
HUMAN RIGHTS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
TEMPORARY EXEMPTION OF PERSONS AFFECTED BY SERIOUS CRIMES FROM PAYING TAXES
Tax exemption for victims of serious crime is an important issue that requires serious discussion. Victims of crime often face physical and emotional suffering as well as financial problems. Temporary exemption of victims from tax obligations can be a form of compensation for the damage caused and help victims to restore their financial well-being. This article analyzes the categories of crimes, and considers the issue of temporary tax exemption for victims of serious crimes. Every year thousands of people become victims of crimes that dramatically change their lives. These may include robbery, robbery, fraud, serious injury to health, including death, as well as other types of crime that cause significant damage not only to the health but also to the financial situation of the victims. It is important to recognise that recovery from trauma can be a long and difficult process, and any form of support from the state can play a key role in this process.
Keywords: crimes, serious crime, tax, victims, tax payment, offences against the person, victim, support.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended)
2. Criminal law: general and special parts: textbook for universities / [Vetrov N. I. et al.]; edited by N. G. Kadnikov. – Moscow: Gorodets, 2006. – 911 p.
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).
LANGUAGE AND LAW
MASLO Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DIFFICULTIES IN TRANSLATING INTERNATIONAL LEGAL DOCUMENTS
In the modern world, where international relations are increasingly developing, there is a need for translation of documents. This applies particularly to the translation of legal documents, including regulatory legal acts and contracts. Thus, the purpose of this article is to analyze the works of various scientists and authors who have identified the features and problems of translation of legal documents. The analysis given will help to form a list of problems that translators encounter most often. This work is based mainly on a qualitative method: the authors examined and analyzed the theoretical side of the issue, identified problems that arise when translating legal documents. The identified problems were then illustrated in specific documents, which were reviewed in Russian and English. Thus, the authors applied a comparative method.
Keywords: legal translation, normative legal acts, legal terms, translation problems.
References
1. Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950.
2. The UN Convention on the Rights of the Child: approved by the UN General Assembly 11/20/1989; entered into force for the USSR on 09/15/1990 // ConsultantPlus: help. the legal system. – [Electronic resource]. – Access mode: http://www.consultant.ru/document /cons_doc_LAW_9959/
3. Anokhin D. A. Features of English-Russian translation in the legal field / D. A. Anokhin, E. B. Sevostyanova. // Young scientist. – 2019. – No. 4 (242). – Pp. 435-437.
4. Baranovskaya B. V. Legal terms in linguistics: concepts and types / B. V. Baranovskaya // Young scientist. – 2023. – No. 40 (487). – Pp. 139-142. – [Electronic resource]. – Access mode: https://moluch.ru/archive/487/106364 / (date of access: 03/08/2024).
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6. Framer I. (2005). Interpreters as officer of the court: Scope and limitations of practice. Proteus, The Newsletter of the National Association of Judiciary Interpreters and Translators. – 14 (2). – pp. 3-5.
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8. Kosenko E. I. Problemy perevoda terminov s angliyskogo na russkikh v yuridicheskikh dokumentakh [Problems of translation of terms from English to Russian in legal documents] / E. I. Kosenko // Mezhdunarodnyy akademicheskiy vestnik. – 2019. – № 2(34). – Pр. 54-56.
9. Kupriyanova A., Shkilev R., Litwinowa M., Vorotilina T., Tagibov K., Shichiyakh R. Legal regulation of the reliability and quality of translations of official documents and texts // Journal of Law and Sustainable Development. – 2023. – P. 1-16.
10. Larin A. A., & Obidina L. B. (2016). Uchastie perevodchika v sude i na dosudebnykh stadiiakh protsessa: Problemy i puti ikh resheniia [Court and prejudicial translators and interpreters: Problems and potential solutions] // Vestnik of Lobachevsky University of Nizhni Novgorod, 3. – pp. 143-147.
11. Larin A. A., & Obidina L. B. (2020). Pravovoe regulirovanie sudebnogo perevoda v Rossii i ES: Obshchie problemy i puti resheniia [Legal framework of court translation and interpreting in Russia and EU: Similar problems and solutions] // Legality and Legal Order, 1. – pp. 10-14.
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18. Nekrasova T. P. Features of the translation of legal terminology from Russian into English: dis. cand. Nekrasova Tamara Petrovna Ph.D.: 02/10/20. – M., 2013. – 391 p.
ECONOMY. RIGHT. SOCIETY
ABRAMOVICH Ekaterina Tamazievna
Ph.D. in Law, associate professor of the Socio-Economic Institute of the Yu. A. Gagarin Saratov State Technical University
PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF CUSTOMS AUTHORITIES IN THE FORESEEABLE FUTURE
The formation of the economic sustainability of the state occurs through the functioning and work of customs administration bodies that control foreign economic transactions and activities. However, in modern practice, the problems associated with the quality of customs control and the effectiveness of the fight against counterfeit products entering the Russian market due to cross-border illegal trade are relevant. At the same time, the active dissemination of information technologies increases the pace of digital transformation of the customs authorities, which is the main prospect for their development in the foreseeable future. The purpose of the scientific article is to analyze modern problems and determine the prospects for the development of the customs administration system of Russia in the foreseeable future. The relevance of the study is since the quality of the customs authorities affects the effectiveness of the state’s foreign economic policy, ensuring the goals in tax, economic and budgetary regulation.
Keywords: customs authorities, customs regulation, customs administration, customs management, customs policy.
Article bibliographic list
1. Kozhukhanov N. M. Problems of functioning of customs authorities of the Russian Federation in the context of introduction of new information technologies // Bulletin of the Russian Customs Academy. – 2020. – No. 1. – P. 41-50.
2. Glazkova G. V., Sukhareva I. V. Digital transformation of customs clearance and customs control technologies // Auditor. – 2022. – V. 8. No. 9. – P. 25-28.
3. Maly A. A. Some aspects of the technology of selecting objects of customs control after the release of goods at the customs of actual control through the use of the “Postcontrol” CPS // Academic Bulletin of the Rostov Branch of the Russian Customs Academy. – 2023. – No. 2 (51). – P. 37-45.
4. Muravyov S. I. The fight against crimes in the sphere of foreign economic activity in the system of functions of the customs authorities of the Russian Federation // Issues of Russian Justice. – 2021. – No. 14. – P. 471-482.
5. Kaemova Yu. A. Problems of customs administration // International Journal of Humanities and Natural Sciences. – 2021. – No. 2-2 (53). – P. 143-145.
6. Luzgina Yu. V. Administration of customs duties in the Russian Federation, problems and basisimportant directions for improving the application // Vector of Economics. – 2023. – No. 3 (81).
7. Subbotin Yu. B. Problems of customs control of goods at the present stage // Bulletin of Tver State University. Series: Law. – 2021. – No. 2 (66). – P. 67-70.
ECONOMY. LAW. SOCIETY
SULEYMANOVA Aminat Musaevna
Ph.D. in economical sciences, associate professor of Economics and general education sub-faculty of the Dagestan State University, branch in Izberbash
AMIROVA Maryam Gatamovna
Ph.D. in economical sciences, senior lecturer of Economics and General education sub-faculty of the Dagestan State University, branch in Izberbash
PROBLEMS OF FUNCTIONING OF REGIONAL COMMERCIAL BANKS
The modern banking system currently operates in conditions of increased competition of the banking services offered, significant interference by the state and supervisory authorities. Regional banks are losing their competitive position in comparison with large federal banks. In this regard, the possibility of regional banks’ influence on the development of the real economy, and primarily on the support of small and medium-sized businesses, is significantly reduced.
It is becoming increasingly difficult for regional banking institutions to maintain their previous positions in the banking market due to stricter supervisory requirements, increased costs of complying with these requirements, while objectively reducing the profitability of many banking services. As a result, the return on equity decreases and regional banks lose their former, long-standing ties with their established clientele.
Keywords: regional banks, the shadow sector, household incomes, credit risks, regional infrastructure.
Article bibliography
1. Bystryakov A. Ya., Grekov I. E., Koika K. A. Development strategies of regional banking markets // Accounting and statistics. – 2022. – No. 3 (67). – P. 15-23.
2. Verbinenko E. A., Badylevich R. V. Development trends and problems of regional banking credit organizations at the present stage // Fundamental research. – 2022. – No. 12. – P. 19-24.
3. Zhogin K. A. Promising business strategies for forming the credit policy of Sberbank PJSC // Vector of Economy. – 2023. – No. 6.
4. The Republic of Dagestan in figures. – [Electronic resource]. – Access mode: https://fedstats.ru/dagestan/
5. The Republic of Tatarstan in figures. – [Electronic resource]. – Access mode: https://fedstats.ru/tatar/
6. Strogonov A. A. Fundamentals of forming the credit policy of a commercial bank // Economy and Politics. – 2021. – No. 2 (3). – P. 190-193.
7. Digital Russia: new reality. – [Electronic resource]. – Access mode: https://www.mckinsey.com/~/media/mckinsey/locations/europe%20and %20middle%20east/russia/our%20insights/digital%20russia/digital-russia-report.ashx.
ECONOMY. RIGHT. SOCIETY
BADI Achraf
postgraduate student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
METHODS FOR MANAGING INNOVATION ACTIVITIES OF ENTERPRISES BASED ON THE PROJECT APPROACH
The scientific article presents the results of a study of the characteristics of the main methods of managing the innovative activities of enterprises based on the project approach. The advantages and disadvantages of the project approach in managing innovation activities are analyzed. The conclusions are established that the use of methods for managing the innovative activities of enterprises should lean toward flexible project management technologies that allow them to adapt to the current conditions of economic uncertainty in the external business environment.
Keywords:innovation activity, innovation activity management, project approach, project management, project management, project management methods.
Bibliographic list of articles
1. Vakorin M. P., Sulkowski J. Problems of project management in modern IT companies and directions for improving project management // Young scientist. – 2023. – No. 9 (456). – P. 82-84.
2. Varfolomeeva V. A., Ivanova N. A., Sokolova O. L. Problems of innovative development in Russia // Economy of the North-West: problems and development prospects. – 2022. – No. 2 (69). – P. 155-161.
3. Kudryavtsev A. I. The importance of improving project management // Innovations. Science. Education. – 2021. – No. 25. – P. 1033-1036.
4. Mikhailova A. V., Popova L. N.Agile Methodology as a Tool for Efficiency and Adaptation to Changes // Economy and Entrepreneurship. – 2021. – No. 6 (131). – P. 801-806.
5. Poddubnaya M. N., Chicherina P. A. Project Management Methodologies in International Business // Economy and Business: Theory and Practice. – 2023. – No. 5-3 (99). – P. 12-18.
6. Polischuk E. A., Polischuk M. A. Innovation Process in Russia and Some Problems of Its Development // Bulletin of Udmurt University. Series Economy and Law. – 2022. – Vol. 32. No. 4. – P. 641-648.
7. Tsgoeva N. A. On the Application of the Critical Path Method in Project Management // Trends in the Development of Science and Education. – 2022. – No. 87-4. – pp. 146-150.
ECONOMY. RIGHT. SOCIETY
KOBICHEVA Alexandra Maximovna
Ph.D. in economical sciences, associate Professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
BARANOVA Tatyana Anatoljevna
Head of the Department for Model Lawmaking of the Interparliamentary Assembly of the CIS Member States
ANALYSIS OF THE EFFECTIVENESS OF CHAT BOT TECHNOLOGY IN STUDYING FOREIGN LANGUAGES
The aim of this study is to analyze the effectiveness of integrating chatbot technology into a blended learning environment in foreign language learning. The study examined students’ academic performance and engagement in the learning process, which were assessed in traditional blended learning (N=104) and chatbot-enabled blended learning (N=107). Mean scores, standard deviations (σ), and Student’s t-test for independent samples were used for comparison. We also calculated the Pearson correlation coefficient for all analyzed indicators. The results of the current study confirmed the positive impact of using artificial intelligence in blended learning, as it increases students’ emotional engagement, which directly and significantly affects their academic performance.
Keywords: chatbot technology, blended learning, engagement level, student performance.
Bibliographic list of articles
1. Aucejo E. M., French J., Araya M. P. U. and Zafar B. The impact of COVID-19 on student experiences and expectations: Evidence from a survey // Journal of Public Economics. Vol. 191. doi:10.1016/j.jpubeco.2020.104271
2. Baranova T. A., Kobicheva A. M. and Tokareva E. Y. Effects of an integrated learning approach on students’ outcomes in St. Petersburg Polytechnic University // ACM International Conference Proceeding Series. 2019. pp. 77-81. doi.org/10.1145/3369199.3369245
3. Adnan M. and Anwar K. Online learning amid the COVID-19 pandemic: Students’ perspectives // Journal of Pedagogical Sociology and Psychology. 2020. Vol. 2.No. 1.Pp. 45-51. https://doi.org/10.33902/JPSP. 2020261309.
4. Burki T. K. COVID-19: consequences for higher education // The Lancet Oncology. 2020. Vol. 21.No. 6. P. 758.
5. Bates A. W., Technology, E-learning and Distance Education (2nd ed.). New York: Routledge-Falmer, 2005.
6. Knapp N. F. Increasing interaction in a flipped online classroom through video conferencing // TechTrends. 2018. Vol. 62.No. 6.Pp. 618-624. DOI: 10.1007/s11528-018-0336-z
7. Mare S. and Mutezo A. T. The Effectiveness of E-tutoring in an Open and Distance E-learning Environment: Evidence from the University of South Africa // Open Learning: The Journal of Open, Distance and e-Learning. 2020. pp. 1-17. DOI: 10.1080/02680513.2020.1717941
8. Chen E., Kaczmarek K. and Ohyama H. Student perceptions of distance learning strategies during COVID-19 // Journal of Dental Education. 202. Vol. 1-2. DOI: 10.1002/jdd.12339
9. Tarasova N. V., Pastukhova I. P. How the transfer of the educational process to distance learning affects educational outcomes now and will affect them in the future. 2020. [Electronic resource]. – Access mode https://firo.ranepa.ru/novosti/105-monitoring-obrazovaniya-na-karantine/803-tarasova-ekspertiza.
10. Ait Baha, T., El Hajji, M., Es-saady Y., & Fadili H. Towards highly adaptive Edu-Chatbot // Pro-cedia Computer Science. 2022. No. 198. P. 397-403. https://doi.org/10.1016/j.procs.2021.12.260
11. Sandoval & Zoroayka. Design and implementation of a chatbot in online higher education set-tings // Issues in Information Systems. 2018. No. 19 (4).
12. Gabrielli S., Rizzi S., Carbone S., & Donisi V. A Chatbot-Based Coaching Intervention for Adolescents to Promote Life Skills: Pilot Study. JMIR Human Factors. 2020. No. 7 (1). e16762. https://doi.org/10.2196/16762
13. Chen H.-L., Vicki Widarso G., & Sutrisno H. A ChatBot for Learning Chinese: Learning Achievement and Technology Acceptance // Journal of Educational Computing Research. 2020. No. 58 (6). P. 1161-1189. https://doi.org/10.1177/0735633120929622
14.Pham X. L., Pham T., Nguyen Q. M., Nguyen T. H., & Cao T. T. H. Chatbot as an Intelligent Personal Assistant for Mobile Language Learning. Proceedings of the 2018 2nd International Conference on Education and E-Learning. 2020. 16-21. https://doi.org/10.1145/3291078.3291115
15. Liu Q., Huang J., Wu L., Zhu K., & Ba S. CBET: Design and evaluation of a domain-specific chatbot for mobile learning // Universal Access in the Information Society. 2020. No. 19 (3). P. 655-673. https://doi.org/10.1007/s10209-019-00666-x
16. Yin J., Goh T.-T., Yang B., & Xiaobin Y. Conversation Technology With Micro-Learning: The Impact of Chatbot-Based Learning on Students’ Learning Motivation and Performance // Journal of Educational Computing Research. 2020. https://doi.org/10.1177/0735633120952067
17. Lee K., Jo J., Kim J., & Kang Y. Can Chatbots Help Reduce the Workload of Administrative Officers? – Implementing and Deploying FAQ Chatbot Service in a University. In C. Stephanidis (Ed.), HCI International 2019. Posters. pp. 348-354. Springer International Publishing. https://doi.org/10.1007/978-3-030-23522-2_45
18. Mamani J. R. C., Álamo Y. J. R., Aguirre J. A. A., & Toledo E. E. G. Cognitive services to improve user experience in searching for academic information based on chatbot. 2019 IEEE XXVI International Conference on Electronics, Electrical Engineering and Computing (INTERCON). 2019. 1-4. https://doi.org/10.1109/INTERCON.2019.8853572
19. Mendoza S., Hernández-León M., Sánchez-Adame L. M., Rodríguez J., Decouchant D., & Meneses-Viveros A. Supporting Student-Teacher Interaction Through a Chatbot. In P. Zaphiris & A. Ioannou (Eds.). Learning and Collaboration Technologies. Human and Technology Ecosystems. 2020. 93-107. Springer International Publishing. https://doi.org/10.1007/978-3-030-50506-6_8
20. Xiao Z., Zhou M. X., & Fu W.-T. Who should be my teammates: Using a conversational agent to understand individuals and help teaming // Proceedings of the 24th International Conference on Intelligent User Interfaces. 2019. 437-447. [Electronic resource]. – Access mode: https://doi.org/10.1145/3301275.3302264
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
AVDEEVA Larisa Alexeevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
AMANGILDINA Regina Fuatovna
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
ON THE QUESTION OF ASSESSING THE EFFECTIVENESS OF THE HR MANAGEMENT SYSTEM OF THE ORGANIZATION
The article considers a set of indicators for assessing the effectiveness of the organization’s personnel management. The recommended evaluation indicators are grouped into 2 groups: indicators characterizing the effectiveness of the personnel management system as a whole and indicators characterizing the effectiveness of the performance of functions by individual subsystems of personnel management system. A goal-oriented approach is proposed, within the framework of which a comprehensive indicator of the effectiveness of the organization’s personnel management system is determined through established goals that must be achieved with minimal costs.
Keywords: personnel management system, evaluation and monitoring, key performance indicators, integrated indicator, goal-oriented approach.
Article bibliography
1. Stepanenko D. O. Methodological approaches to assessing the effectiveness of the organization’s personnel management system // Bulletin of OSU. – 2012. – No. 8 (144). – P. 80-84.
2. Tilkunov A. L. Efficiency map: what This is a method of express diagnostics // Personnel. – 2007. – No. 2.
3. Odegov Yu. G., Abdurakhmanov K. Kh., Kotova L. R. Evaluation of the effectiveness of work with personnel: Methodological approach: training and practical manual. – M.: Alpha -Press, 2011. – P. 171-172.
4. Bernard Marr. Key performance indicators. 75 indicators that every manager should know. – M.: Knowledge Laboratory, 2019. – P. 255-300.
5. Kabalina V. I., Makarova A. V. Employee engagement: systematization of approaches to definition and measurement // Organizational Psychology. – 2022. – Vol. 12. No. 3. – P. 110-137.
6. Bormotov P. 9 indicators of the effectiveness of the personnel management service. [Electronic resource]. – Access mode: https://hrtime.ru/material/9-pokazateley-effektivnosti-sluzhby-upravleniia-personalom-49139/ (date of access: 09/19/2024).
ECONOMY. LAW. SOCIETY
TUKAEVA Flyuza Anvarovna
Ph.D. in Economical Sciences, associate professor of Management in the internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
EFFICIENCY OF THE USE OF CURRENT ASSETS IN AGRICULTURAL ENTERPRISES OF THE REPUBLIC OF BASHKORTOSTAN
The article analyzes the composition, structure and efficiency of the use of current assets of agricultural enterprises of the Republic of Bashkortostan for 2015-2023. An assessment of the influence of factors on the turnover of working capital and total capital has been carried out. The dynamics of the operational, financial and production cycles has been studied. The results of the analysis revealed a tendency to decrease the efficiency of using current assets and the main reasons for its occurrence: a gradual slowdown in the growth rate of revenue from sales of products, with outpacing growth rates of current assets; changes in the structure of working capital. The main directions for a positive change in the current situation have been identified.
Keywords: current assets, efficiency, turnover, profitability.
Article bibliography
1. Vasilyeva N.K., Sidorchukova E.V., Aptsiauri K.G., Idzhinskaya S.V. Analysis of the efficiency of using current assets in agricultural organizations // Bulletin of the Academy of Knowledge. – 2022. – No. 51 (4). – P. 57-63.
2. Vinnichek L. B., Badmaeva D. G. Management of current assets in agricultural enterprises // Scientific support for the development of the agro-industrial complex in the context of import substitution: Collection of scientific papers based on the materials of the international scientific and practical conference dedicated to the Year of Science and Technology, St. – Petersburg – Pushkin, May 26-28, 2021. – St. Petersburg: St. Petersburg State Agrarian University, 2021. – P. 448-453.
3. Girfanova I. N. Features of the formation and circulation of working capital in agriculture // Scientific support for sustainable functioning and development of the agro-industrial complex: materials of the All-Russian scientific and practical conference with international participation within the framework of the XIX International specialized exhibition “AgroComplex-2009”, Ufa, March 0-5, 2009. Volume Part IV. – Ufa: Bashkir State Agrarian University, 2009. – P. 96-98.
4. Nikitina A. A. Analysis and diagnostics of financial and economic activity of the enterprise. – Kumertau: State Unitary Enterprise RB Kumertau City Printing House, 2017. – 157 p.
PHILOSOPHY. RIGHT. SOCIETY
ORLOVA Valeriya Alexandrovna
competitor of World economy and financial management sub-faculty of the V. G. Shukhov Belgorod State Technological University
THEORETICAL AND METHODOLOGICAL BASIS FOR ANALYZING THE EFFECTIVENESS OF INNOVATIONS IN THE CONTEXT OF ORIENTATION TOWARDS SUSTAINABLE DEVELOPMENT
The article, which is published based on the results of the dissertation research, examines the modern understanding of sustainable development. The author substantiates the need to transform innovation activities in the context of the problem of ensuring sustainable development. The importance of taking into account the component of the transformation of consumer behavior when analyzing the effectiveness of sustainable innovations is noted. It is proposed to expand the ESG transformation model by adding a fourth factor – consumer behavior – and interpret it as an ESGC transformation model. In accordance with the expanded ESGC transformation model, the problems of implementing sustainable development goals in innovation activities are identified and ways to solve them are outlined.
Keywords: sustainable development, sustainable innovation , ESG transformation, effectiveness of sustainable innovations, ESGC-transformation model.
Article bibliographic list
1. Buchnev A. O. Fundamental trends in the development of the regions of the Far East in line with global geopolitical factors // Bulletin of the Russian Academy of Natural Sciences. – 2024. – Vol. 24. No. 2. – P. 64-71.
2. Ivaschenko N. S. Modeling the assessment of environmental potential as a tool for managing the sustainable development of an organization // News of higher educational institutions. Technology of textile industry. – 2024. – No. 1 (409). – P. 173-179.
3. Radko S. G. Landmarks of sustainable industrial development in the system of national priorities // News of higher educational institutions. Technology of the textile industry. – 2024. – No. 3 (411). – P. 39 -49.
4. Podchufarov A. Yu., Galkina A. N., Vanina S. S. Advanced development of nuclear energy as a necessary factor in ensuring sustainable development of mankind // News of higher educational institutions. Nuclear energy. – 2024. – № 1. – P. 132-146.
5. Si F., Bobyleva A. Z., Lvova O. A. Formation of the system of state management of sustainable development (on the example ofRussia and China) // Bulletin of Moscow University. Series 21: Management (state and society). – 2024. – Vol. 21. No. 2. – P. 20-36.
6. Pak H. S., Krivenko A. V., Kuprin A. A., Tarasova T. N. Sustainable Development Management of SMEs: World Practice // Transport Business of Russia. – 2024. – No. 4. – P. 102-106.
7. Yurkov A. V., Babaeva J. R. ESG ratings: nonparametric methods of construction // Management Consulting. – 2024. – No. 2 (182). – P. 92-107.
8. Abramov R. A. Relationship between economic diversification and sustainable development of the regions of the Russian Federation // Bulletin of the University. – 2024. – No. 1. – P. 41-49.
9. Volodina A. O., Trachenko M. B. Sustainable growth as a consequence of the implementation of the concept of sustainable development of Chinese companies // Bulletin of the University. – 2024. – No. 6. – P. 112-120.
10. Lebedev V. V., Terpugov A. E. Comparative analysis of modern theoretical approaches to sustainable economic development // Bulletin of the University. – 2024. – No. 6. – P. 145-151.
11. Ivanov P. M. Global transformation: from chaotization of the world order to managed development // Bulletin of the Kabardino-Balkarian Scientific Center of the Russian Academy of Sciences. – 2024. – V. 26. No. 4. – P. 11-27.
12. Tuganov T. Z., Tanina A. V. Waste management system as an element of sustainable development of St. Petersburg // Bulletin of the Altai Academy of Economics and Law. – 2024. – No. 4-3. – P. 514-519.
13. Gasanov E. A., Korobkova O. K., Krasota T. G. Dominant factors of neo-industrial development of the economy in the context of “Industry 4.0” // Bulletin of the Altai Academy of Economics and Law. – 2024. – No. 5-2. – P. 202-207.
14. Rassudimov M. E., Sologub V. A. Analysis of the effectiveness of state support for the agro-industrial complex in the Russian Federation and its impact on the sustainable development of processing industries // Bread baking of Russia. – 2024. – Vol. 68. No. 2. – P. 143-151
15. Vaskova Yu. I. Paradigm of balanced enterprise development: conceptual approaches // Bulletin of the Samara State University of Economics. – 2024. – No. 1 (231). – P. 57-65.
16. Jafari M., Popov S. M. Factors influencing the effectiveness of marketing strategies that ensure increased economic sustainability of the enterprise // Interactive science. – 2021. – No. 5 (60). – P. 85-87.
17. Barbier E. B. The concept of sustainable economic development // Environmental Conservation. – 1987. – Vol. 14 (2). – P. 101-110.
18. Sachs J.D. The Age of Sustainable Development. Columbia University Press, 2015. – 543 p.
19. Sokolitsyna N. A. Theory and methodology of sustainable economic development of integrated industrial structures: dis. … Doctor of Economics. – St. Petersburg, 2024. – 484 p.
20. Ryabova E. Yu. The concept of ethical consumption in the context of digitalization // Economic and social-humanitarian studies. – 2024. – No. 1 (41). – P. 159-164.
21. Zavyalov D. V., Zavyalova N. B., Saginova O. V. The concept of responsible consumption // Epomen. Global. – 2023. – No. S34. – P. 170-175.
PHILOSOPHY. LAW. SOCIETY
ALSHEVSKAYA Larisa Vladimirovna
Ph.D. in philosophical sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
THE CATEGORY OF CAUSALITY IN THE ONTOLOGICAL DOCTRINE OF V. V. ROZANOV (1856-1919)
The relevance of Russian philosophy in the modern era is indisputable. The work continues the study of the philosophical worldview of V. V. Rozanov. In particular, causality is considered as an integral part of the categorical apparatus of the philosophy of science of the famous Russian philosopher. The place and role of this category in the structure of ontological problems is determined. The essential side of the relationship between the concept of “causality” and the main dialectical concepts is investigated. The conclusion is made about the fundamental priority of causality in the studied scientific and philosophical model of the worldview of the Russian philosopher. The concept and the problem of causality are considered by the author to require serious study in the future. The main purpose of the work is the study of the dialectic of causality.
Keywords: V. V. Rozanov, causality, expediency, knowledge, science, dialectics, categories, cause and effect, methodology of science.
Article bibliography
1. Augustine A. Confession. – M.: Gendalf, 1992. – 544 p.
2. Hegel G. V. G. Works of different years. In two volumes. Vol. 2. – M.: Mysl, 1971. – 630 p.
3. Vdovenko K. V., Samygin S. I. History of religious philosophy. – Rostov-on-Don: Phoenix, 2015. – 252 p.
4. Lao Tzu. The Book of the Path of Life Tao Te Ching. – M.: AST, 2018. – 256 p.
5. Lenin V. I. Works / V. I. Lenin. Works. T. 14. – M.: Publishing House of Political Literature, 1972. – 564 p.
6. Lenin V. I. Philosophical Notebooks. – M.: State Publishing Houselit. lit., 1947. – 469 p.
7. Lossky N. O. History of Russian Philosophy. – Moscow: Progress, 1994. – 460 p.
8. Rozanov V. V. On Understanding. An Experiment in Studying the Nature, Boundaries, and Internal Structure of Science as Integral Knowledge. – St. Petersburg: Nauka, 1994. – 542 p.
9. Theory of Causality. – [Electronic resource]. – Access mode: https://simposium.ru/ru/node/12074– 10.08.2024.
10. Torchinov E. Life as a Philosophical Category. – St. Petersburg: Palmyra, 2018. – 430 p.
11. Philosophical Encyclopedia. – [Electronic resource]. – Access mode: https://terme.ru/termin/filosofiya-sluzhanka-bogoslovija.html – 10.08.2024.
12. Florensky P. A. Reason and Dialectics // P. A. Florensky. Works: in 4 volumes. Vol. 2. – M., 1996. – 878 p.
13. Engels F. Anti-Dühring. – M.: Publishing House of Political Literature, 1988. – 482 p.
14. Essler V. K. On the typology of types of dialectics of dialectical logic in Hegel // Hegel’s Philosophy: Problems of Dialectics. – M.: Nauka, 1992. – P. 135 – 145.
PHILOSOPHY. RIGHT. SOCIETY
VAKHNINA Elena Anatoljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and natural science disciplines sub-faculty of the Western branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
SINO-RUSSIAN INTERCULTURAL COMMUNICATION AT THE REGIONAL LEVEL
The article is devoted to the study of the urgent problem of intercultural interaction between cross-border regions of Russia and China. A comparative analysis of the spiritual and moral priorities of the two countries is carried out. As a result, it contributes to the formation of an idea of the similarities and differences in the value orientations of the representatives of Russia and China. It is mentioned that the socio-cultural interaction and mutual influence of cross-border regions is based on cultural, educational, scientific and religious dialogues. The idea is proposed to include the tasks of socio-cultural co-development with the territories of China in the processes of socio-cultural and economic development remote cross-border regions. Methods of solving this issue are described.
Keywords: intercultural communication, moral values, spiritual heritage, dialogue, cross-border regionalism, development of the state.
Article bibliographic list
1. Abramova N. A. Chinese culture and its translation into the socio-cultural space of Russia // Humanitarian and socio-economic sciences. – 2010. – No. 3.
2. Li Beiqi, Huang Enzhong. Zhongguo gaibian shijie (China is changing the world). – Beijing, 2008.
3. Morozova V. S. Regional culture in the socio-cultural space of the Russian and Chinese borderland: diss. … doctor of philosophy. – Chita, 2013.
4. Osinsky I. I. Traditional values in the spiritual culture of the Buryat national intelligentsia // Socis. – 2001. – No. 3. – P. 80.
5. President of the Russian Federation V. V. Putin at the opening ceremony of the Years of Culture of Russia and China, May 16, 2024. [Electronic resource]. – Access mode: https://roscongress.org/materials/rossiya-i-kitay-nam-po-puti/ (date of access: 10.09.2024).
6. Rudenko B. Feng Shui. Ambush for a simpleton. [Electronic resource]. – Access mode: http://stavroskrest.ru.
7. Ji Yuesheng. Formation and implementation of China’s foreign cultural policy in the context of globalization // Power. – 2017. – No. 10. – P. 148-154.
8. Shcherbakov A. A., Unda S. I. Features of intercultural communication in the modern world // Young scientist. – 2016. – No. 7. – P. 95-96. [Electronic resource]. – Access mode: https://moluch.ru/archive/111/2792 (date of access: 05/08/2024).
9. Yangutov L. E. Buddhism as a factor of soft power in China’s political strategy // Philosophical Thought. – 2019. – No. 10. – P. 49-53.
PHILOSOPHY. LAW. SOCIETY
VEZLOMTSEV Viktor Evgenjevich
Ph.D. in philosophical sciences, Deputy Head of Philosophy and history sub-faculty of the Academy of Law Management of the FPS of Russia
THE MODERN DISCOURSE OF CORRUPTION
This article attempts to place the paradigm of legal-rational domination, which underlies Weber’s understanding of rational bureaucracy, in various social and historical contexts in order to show the limitations of the classical definition of corruption. Using various socio-philosophical methods and approaches, we will try to show that their application to the analysis of the phenomenon of corruption can significantly expand our understanding of this phenomenon.
Keywords: corruption, definition of corruption, social context, historical context, fight against corruption.
Bibliographic list of articles
1. Gray Cheryl W. & Kaufmann, DanielCorruption and Development // Finance and Development. 1998. March. Р. 7-10.
2. Leslie Holmes. Corruption. A very short introduction. NY, 2015. Р. 28.
3. Nye J. Corruption and political development: a cost-benefit analysis. // American Political Science Review. 1967. Vol. 56. Р. 419.
4. Price P. Cosmologies and Corruption in (South) India. // Forum for Development Studies. 1999. No. 2. Р. 315-327.
5. Theobald R. Corruption, Development and Underdevelopment. London: The MacMillan Press LTD, 1990. Р. 191.
6. United Nations Convention against Corruption. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/corruption.shtml (Accessed: 22.09.2020).
7. Nisnevich Yu. A. Politics and corruption: corruption as a factor in the global political process: monograph. Moscow: Yurait Publishing House, 2017. P. 240.
8. Satarov G. A. Corruption relations: agency model and related approaches // Social sciences and modernity. 2004. No. 2. P.60-61.
9. Urukagina, Urukagina // Chronos. World history on the Internet. [Electronic resource]. – Access mode: http://www.hrono.ru/biograf/bio_u/urukagina.php (date of access: 16.04.2023).
PHILOSOPHY. LAW. SOCIETY
VINOGRADOVA Valentina Ivanovna
specialist in excursion and exhibition work of the I. P. Pavlov Institute of Physiology of the Russian Academy of Sciences, St. Petersburg
ANTHROPOLOGICAL CONCEPTS IN SPIRITUAL HERITAGE OF THEODOSIY PECHERSKY
The article studies the formation of philosophical and theological ideas of the Orthodox religion in early Christian Rus’ using the example of the works of Theodosius of Pechersk, which are devoted to both the eternal problems of human existence, the definition of the meaning of life, the interpretation of the relationship between man and the universe, and social issues; the influence of the mystical-ascetic direction on the religious and philosophical concepts of ancient Russian monasticism is considered. Anthropological philosophical reflections in the worldview of Theodosius of Pechersk are inseparable from ideas about a wise life. It combined both Byzantine concepts of Christian teachings and Slavic worldviews that existed in ancient Russian society. Theodosius of Pechersk examined epistemological concepts and solved ontological problems from the point of view of Christian Orthodox teachings. The peculiarity of the philosophizing of the ancient Russian thinker is contained in the understanding of the sacredness of Christian values, the adoption of asceticism, and mentoring.
Keywords: monasticism, saint, teachings, spirituality, personal development, feudal fragmentation, mentoring.
Article bibliography
1. Vasikhovskaya N. S. Feodosiy Pechersky and Sergiy Radonezhsky – the founding fathers of “true monasticism” in Rus’ // Bulletin of Udmurt University. Series “History and Philology”. – 2011. – Issue 3. – P. 75-79.
2. Gaidenko Petr, hieromonk. Several remarks on the social aspects of ancient Russian monasticism of the 11th – first half of the 13th centuries. // Bulletin of the Yekaterinburg Theological Seminary. – 2015. – Issue 4 (12). – P. 48-78.
3. Gromov M. N., Kozlov N. S. Russian philosophical thought of the 10th-17th centuries: Textbook. manual. – M.: Moscow State University Publishing House, 1990. – 288 p.
4. Eremin I. P. Lectures on Old Russian Literature / Ed. V. Ya. Propp. – L.: Leningrad University Publishing House, 1968. – 208 p.
5. Zamaleev A. F. Philosophical thought in medieval Rus’ (11th-16th centuries). – L.: Science, 1987. – 248 p.
6. Zlatostruy. Ancient Rus’ of the 10th-13th centuries. / Comp., author’s text, comment. A. G. Kuzmina, A. Yu. Karpova; Designed by artist Yu. V. Ignatyeva, V. V. Sitnikova. – M .: Mol. gvardia, 1990 .– 320 [2] p., ill. – (Roads of human thought).
7. Karasev N. A. Formation of monasticism as an experiential path of knowledge of God // Bulletin of ASU. – 2016 .– No. 3 (184). – P. 127-132.
8. Meyendorff John (Archpriest). Introduction to Patristic Theology. – Mn .: Rays of Sophia, 2007 .– 384 p.
9. Mekushin A. A., Vodenko K. V. History of religious philosophy: study guide / Don State Technical University. – Rostov-on-Don: Profpress Publishing House, 2019. – 231 p.
10. Nikishchenkova G. V. Messages and Teachings of Theodosius of the Caves. Problems of Poetics. Abstract of Dissertation … for Cand. Degree. in Philology. – Orel, 2010. – 27 p.
PHILOSOPHY. LAW. SOCIETY
DALLAKYAN Karlen Ashotovich
Ph.D. in philosophical sciences, professor of the Ufa Law Institute of the MIA, M. Akmulla Bashkir State Pedagogical University
KUNGURTSEVA Guzel Fanuzovna
Ph.D. in sociological sciences, professor of the Ufa University of Science and Technology, M. Akmulla Bashkir State Pedagogical University
THE VALUE BASES OF THE STUDENT’S SELF-IDENTIFICATION
The development of a person’s ability to self-improvement and self-realization is an important task of modern Russian society. The basis of self-identification, formation and development of personality are the values that manifest themselves in the motives of activity. The dynamics of social life and the effectiveness of the functioning of all spheres of activity depend both on the level of development of knowledge, skills, intellectual potential of a modern person, as well as his spiritual, moral and cultural qualities. Therefore, the motives, cultural attitudes, and values that have developed in the minds of students are of great importance, which will influence the qualities of a future specialist, decision-making, and therefore the nature, goals and objectives of their activities in the future .
Keywords: personality, self-identification, values, norms, self-realization, freedom, personality development, student youth.
Article bibliographic list
1. Vygotsky L. S. Thinking and speech. – M.: AST, 2019.
2. Goethe I. V. The sufferings of young Werther. – M.: Azbuka, 2015. 1991.
3. Giddens A. Modernity and self-identity. Stanford (Calif.): Stanford univ. Press.
4. Dallakyan K. A. Will as a Phenomenon of Environmental Attitude. – Ufa: Thaler, 1998.
5. Dallakyan K. A. Personality as an Institution of Civil Society and the Rule of Law // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs Russia. – 2021. – No. 2 (92).
6. Ilyenkov E. V. What is personality? // Where does personality begin. – M .: Politizdat, 1979.
7. Kungurtseva G. F. Intellectual potential as a basic resource for the development of the management system of modern society: diss. … doctor of sociological sciences. – Ufa, 2012.
8. Leontiev A. N. Activity. Consciousness. Personality. – M.: Politizdat, 1975.
9. Rubinstein S. L. Being and consciousness. – SPb.: Piter, 2017.
10. Stolyarenko L. D., Samygin S. I. Psychology of personality. – Rostov-on-Don: Phoenix, 2014.
PHILOSOPHY. LAW. SOCIETY
DANILOV Vyacheslav Leonidovich
Ph.D. in historical sciences, associate professor of Theology, philosophy and cultural studies sub-faculty of the Faculty of History, Theology and International Relations of the F. M. Dostoevsky Omsk State University
STATE-CONFESSIONAL RELATIONS IN RUSSIA IN THE 20TH-21st CENTURIES
This article is devoted to the analysis of state-confessional relations in Russia in the 20th-21st centuries. It examines the historical dynamics and transformation of these relations, including the transitional period at the turn of the centuries. Special attention is paid to institutional changes, legislative initiatives, and the formation of a new model of interaction between the state and religious organizations. The article explores the peculiarities of relations with various confessions, including the Muslim population. The study is based on an analysis of contemporary scientific literature and historical sources.
Keywords: state-confessional relations, Russia, 20th-21st centuries, religious policy, secular state, religious organizations, Islam, Orthodoxy, religious legislation, institutional changes.
Article bibliography
1. Gorshkova M. Changing the model of state-confessional relations in Russia on throughout the XX-XXI centuries // Youth. Science. Future: International student scientific and practical conference, Orenburg, May 19-21, 2021. – Orenburg: Orenburg State Pedagogical University, 2021. – P. 91-93.
2 . Dorskaya A. A. Types of legal understanding and challenges of a changing world: report on R&D. – Saint Petersburg: Russian State Pedagogical University named after A. I. Herzen, 2016.
3. Kunacheva F. G., Dzhazaeva I. A. A. History of state-confessional relations in Russia // The power of history and history authorities. – 2022. – V. 8. No. 8 (42). – P. 35-38.
4. Odintsov M. I., Pinkevich V. K. History of state-confessional relations in Russia // Studia Religiosa Rossica: scientific journal on religion. – 2022. – No. 3. – P. 112-123. – DOI 10.28995/2658-4158-2022-3-112-123.
5. Ozhiganov A. N. Some aspects of the study of state-confessional relations in the Russian Empire in the second half of the 19th century – early 20th century in modern Russian historiography // Social integration and development of ethnocultures in the Eurasian space. – 2019. – Vol. 2. No. 8. – P. 211-217.
6. Omarov M. A., Shabaev Yu. P. History of the formation of Russia as multinational and multi-confessional state // Interethnic and interconfessional relations in modern Russia. – Moscow: RSUH, 2023. – P. 15-45.
7. Polunov A. Yu. State-confessional relations in Russia: history and modernity. – Moscow: Prometheus, 2024. – 126 p. –ISBN 978-5-00172-645-6.
8. Sgibneva O. I. State-confessional relations in modern Russia: traditions and transformations // Cultural heritage of the North Caucasus as a resource for interethnic harmony: program and abstracts of reports of participants of the Ninth international scientific forum, Kabardinka village, Gelendzhik, September 21-24, 2023. – Krasnodar: Heritage Institute, 2023. – P. 198.
9. Slobozhannikova V. S. Socio-political practices of adjusting state-confessional relations in Russia at the turn of the 20th-21st centuries // Bulletin of Tomsk State University. – 2020. – No. 460. – P. 121-132. – DOI 10.17223/15617793/460/15.
10. Torosyan G. A. State-confessional relations as a direction of domestic policy // Domestic policy: problems and technologies of management: (based on materials of conferences and seminars), Moscow, April 1-30, 2019. Volume Issue 2. – Moscow: Publishing house “Scientific library”, 2019. – P. 208-212.
PHILOSOPHY. LAW. SOCIETY
RUBANTSOVA Tamara Antonovna
Ph.D. in philosophical sciences, professor, professor of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
SOTNIKOVA Elena Vyacheslavovna
Ph.D. in historical sciences, associate professor, Head of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
KHAYAROV Damir Gareevich
Ph.D. in historical sciences, associate professor, associate professor of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
THE SPIRITUAL ORIGINS OF HUMANISM IN THE MIDDLE AGES
The article is devoted to the analysis of the origins of humanism in Christian spiritual life in Western Europe in the Middle Ages. This problem has not been fully disclosed by researchers from the point of view of the origin of the ideological origins of humanism in the socio-political and philosophical tradition of that time. It should not be forgotten that the Renaissance was prepared by social processes and the development of the theoretical thought of the Middle Ages, including Christian anthropology. The article analyzes social processes and concepts that later had a significant impact on the development of humanistic thought in the Renaissance. Spiritual processes in medieval culture prepared the conditions for the development of humanism in the Renaissance. Among the prerequisites of the humanistic tradition, one can single out utopian humanistic ideals, which were widely represented in social dreams of rebuilding the world, which a kind and wise ruler would make. At this time, the society is in the process of discussing social changes in society. It was still very far from the formation of social democratic political institutions, however, ideas are beginning to form in the public consciousness, which in the future will be developed in the democratic reconstruction of the world. The medieval anthropology of A. Augustine and Th. Aquinas is distinguished by a humanistic approach. Christian theology draws attention to the divine nature of man and reinterprets his earthly nature. Good deeds of people, a merciful attitude towards people are encouraged, the question of the role of man in earthly life is discussed, love for God extends to all Christians.
Keywords: humanistic values, human dignity, the principle of justice, mercy.
Article bibliography
1. Augustine A. Confession / Translated from Latin. M. K. Sergienko. – Moscow: Renessans, 1991. – P. 146.
2. Aquinas F. Summa Theologica / Translated from Latin. S. E. Eremeeva, A. A. Yudina. – Kyiv: Elga. – Moscow: Nika – Center, 2002. – P. 137.
3. Marru A – M. Saint Augustine and Augustinianism. – Moscow: Vestkom, 1999. – P. 35.
PHILOSOPHY. LAW. SOCIETY
RUDKEVICH Elena Yurjevna
Ph.D. in philosophical sciences, associate professor, professor of Military and political work in the troops (forces) sub-faculty of the branch of the Military Educational and Scientific Center of the Air Force “Professor N. E. Zhukovsky and Yu. A. Gagarin Air Force Academy” in Syzran
WAR: SOCIAL CHANGE OR CHANGE OF THE SOCIAL?
Sociality is not something given and unchangeable, being in constant formation and formation, sociality transforms all the elements and phenomena that make up its content. War, as one of the most important social phenomena accompanying the development of mankind since ancient times, is undergoing major changes. Being the cause of transformations of the social, war, in turn, acts as the basis for transformations of sociality. The impact occurs in accordance with the complex nature of modern society in all possible directions: through science, education, on the basis of influence on political and military elites, mechanisms of sanctions, information blockades and stuffing.
Keywords: modern society, social changes, war, modern wars, social phenomenon.
Article bibliography
1. Aristotle. Works in 4 volumes. Vol. 4. – M.: Mysl, 1984. – 830 p.
2. Wallerstein I. Social change is eternal: Nothing ever changes // Socis. – No. 1. – 1997. – P. 8-21.
3. Golovin N. N. Science of war: selected works. – M.: Astrel, 2008. – 1008 p.
4. Grotius G. On the Law of War and Peace. – M.: Scientific Publishing Center Ladomir, 1994. – 867 p.
5. Kant I. Towards Eternal Peace. – [Electronic resource]. – Access mode: http://history.pstu.ru/wpcontent/uploads/2013/04/files_File_Kant_K_vechnomu_miru.pdf. (date of access: 03.03.2024).
6. Clausewitz K. On War. The Most Important Causes of War. – M.: Azbkua, 2023. – 864 p.
7. Rotterdamsky E. The Complaint of the World, Expelled and Defeated from Everywhere // Treatises on Eternal Peace. – SPb.: Aleteya, 2003. – P. 29-59.
8. Serebryannikov V. V. Evolution of war as a socio-political phenomenon // Sociology of power. – 2010. – No. 4. – P. 47-57.
9. Snesarev A. E. Philosophy of war. – M.: «Lomonosov», 2013. – 288 p.
10. Fukuyama F. The Great Divide. – M.: OOO «Izd-vo AST», 2003. – 476 p.
11. Huntington S. Clash of civilizations. – M.: Publishing house AST, 2003. – 603 p.
12. Shakirova E. Yu. General idea of the structure and dynamics of the modern socio-cultural space // Bulletin of the Voronezh State University. Series: Philosophy. – 2013. – No. 2 (10). – P. 108-124.
13. Shtompka P. Great personalities as agents of change // Psychology and psychoanalysis of power: anthology / D. Ya. Raigorodsky. Part 2. – Samara: Publishing house “Bakhrakh”, 1999. – P. 37-54.
14. Shtompka P. Contradictions of the great transformation and the chances of sociotechnics / RZh “Sociology”. Series 11. – 1994. – P. 66-69.
PHILOSOPHY. RIGHT. SOCIETY
SABIRZYANOV Azat Mannurovich
Ph.D. in philosophical sciences, associate professor, Acting Head of Philosophy and humanitarian sciences sub-faculty of the University of Management “TISBI”, associate professor of Philosophy sub-faculty of the A. N. Tupolev Kazan National Research Technical University – KAI, corresponding member of the Russian Academy of Cosmonautics named after K. E. Tsiolkovsky
THE CATEGORY OF “WILL TO POWER” IN THE CONTEXT OF ENVIRONMENTAL PHILOSOPHY
The article presents the basic principles of environmental philosophy. The author’s definition of the category “Will to power” is given. The concept of the “mental body” in the author’s interpretation is introduced, which makes it possible to more clearly identify the phenomenon of the will to power in the sphere of social existence and human existence. It is concluded that the will to power is a natural state of the human psyche. An understanding of the eco-friendly and non-ecological will to power is given. The boundaries of the realization of the will to power or its actualization are indicated. The levels of human existence are described through the prism of ecological consciousness (awareness) and the causes of the will to power at these levels.
Keywords: will, power, will to power, man, social system, society, nature, psyche, psychology, philosophy, philosophical anthropology, harmony, noosphere, unity, integrity, ecological philosophy, ecology, ethics, aesthetics, spirituality, levels of human existence.
Bibliographic list of articles
1. History of philosophy. Encyclopedia. Comp. Gritsanov A. A. – Mn.: Interpressservice; Book House, 2002. – 1376 p.
2. Gaivoronskaya M. A., Zavyalova G. I. The Concept of the Superman and the “Will to Power” // University Complex as a Regional Center of Education, Science and Culture / Proceedings of the All-Russian Scientific and Methodological Conference. Orenburg State University. – 2017. – [Electronic resource]. – Access mode: https://conference.osu.ru/assets/files/conf_info/conf13/s12.pdf (date of access: 12.05.2024).
3. Philosophical and Terminological Dictionary / Malyshevsky A. F. – Kaluga: Publishing Pedagogical Center “Grif”, 2004. – P. 330.
4. Russian Philosophy: Terminological Dictionary / I. A. Belyaev. – Orenburg: State Educational Institution Orenburg State University, 2006. – 26 p.
5. Skakun E. V. Lecture Notes / Test Questions of the Integrated Module “Political Science” in the Discipline “Political Science” // Brest State University named after A. S. Pushkin. – [Electronic Resource]. – Access Mode: https://studfile.net/preview/1725926/page:4 (Accessed: 04/09/2024).
6. Schopengrauer A. The World as Will and Representation / A. Schopenhauer; [translated from German by J. Aichenwald; introduction by A. Markov]. – M .: RIPOL classic, 2020. – 616 p.
7. Nietzsche F. The Will to Power. An Experience of Revaluation of All Values / Translated from German by E. Gertsyk et al. – Moscow: Cultural Revolution, 2005. – 880 p.
8. Nietzsche F. Antichrist. Ecce Homo. Twilight of the Idols: [translated from German]. / Friedrich Nietzsche. – Moscow: AST Publishing House, 2019. – 352 p.
9. Sabirzyanov A. M. The Problem of Social and Personal Situation in Environmental Philosophy // Dissertation for the Degree of Candidate of Philosophical Sciences / Kazan State University. Kazan, 2008. – 207 p.
10. Sabirzyanov A. M. Philosophical and Environmental Situations in the Management of Social Systems. // Philosophy. Tolerance. Globalization. East and West – a dialogue of worldviews: abstracts of reports of the VII Russian Philosophical Congress (Ufa, October 6-10, 2015). In 3 volumes. Volume 1. – Ufa: RIC BashSU, 2015. – 372 p.
11. Egorov N. P. Will as a metaphysical principle // Fundamental research. – 2008. – No. 3 – P. 81-83. – [Electronic resource]. – Access mode: https://fundamental-research.ru/ru/article/view?id=2791 (date of access: 04/09/2024).
12. Batyrshin A. R., Mazilov V. A. “Historical representation of the categories “will” and “volitional regulation” in domestic psychology textbooks”. Yaroslavl Pedagogical Bulletin – 2014. – No. 4. – Volume II (Psychological and Pedagogical Sciences).
PHILOSOPHY. RIGHT. SOCIETY
FEDYAEV Dmitriy Mikhaylovich
Ph.D. in philosophical sciences, professor, professor of Philosophy sub-faculty of the Omsk State Pedagogical University
FEDYAEVA Natalya Dmitrievna
Ph.D. in philological sciences, associate professor, professor of Russian language and linguodidactics sub-faculty, Dean of the Philological Faculty at Omsk State Pedagogical University
THE INDUSTRIAL FACTOR OF CULTURE FORMATION
The formation of culture takes place under the influence of many factors. The influence nature of one of them, industrial, is considered on the basis of the culture of the USA and the USSR. In the USA the formation of a specifically American culture and industrialization took place simultaneously. The Scientific Organization of Labor (SOL), created in the USA, had a significant influence on the philosophy of pragmatism, as well as on the ideology of education. SOL was created and developed in harmony with Protestantism.
In Soviet Russia at the end of the Civil War the industry restoration and development became vitally important. The basis was the American model SOL – the Taylor system, which was sought not only to apply, but also to transform in accordance with the principles of socialism. The ideological basis of industrialization was Marxist philosophy. The results were impressive, but they were significantly influenced by the traditional values of Russian culture, identified in due time by N. A. Berdyaev and F. M. Dostoevsky. Soviet industry proved to be more capable of creating unique rather than mass-produced products, and philosophy and education were influenced primarily by Europe rather than America.
It is quite possible that in the cultural system traditional value components remain relevant and effective even when conditions change significantly.
Keywords: culture, ideal, industry, machine technology, Taylorism, scientific organization of labor, Protestantism, Marxism, tradition.
Bibliographic list of articles
1. Berdyaev N. A. The Fate of Russia. – M.: Moscow State University Publishing House, 1990. – P. 4-25.
2. Gastev A. How to work // Scientific organization of labor and management. – M.: Economica, 1966. – P. 85.
3. Dostoevsky F. M. Pushkin. Essay // Dostoevsky F. M. Collected Works. in 10 volumes. Volume 10 – Moscow: State Publishing House of Artistic Literature, 1958. – P. 459.
4. History of Soviet Psychology of Labor. Texts (20s – 30s of the 20th century) . – M.: Publishing house of Moscow University, 1983. – P. 9.
5. Klyuchevsky V. O. Course of Russian history. Works. V. 9 v. V. 4. – M.: Publishing House of Social and Economic Literature, 1958 – P. 234.
6. Lenin V. I. Taylor’s System – Enslavement of Man by Machine // Complete Collected Works. Vol. 24. – P. 369 -371.
7. Lenin V. I. Original version of the article “The Immediate Tasks of Soviet Power // Complete. collected works. Vol. 36. – P. 212.
8. Marx K. Capital. Critique of Political Economy. Vol. 1 // Marx K., Engels F. Works. Vol. 23. – P. 385.
9. Pivovarov D. V. The Problem of Synthesis of the Basic Definitions of Culture // Pivovarov D. V. Synthetic Paradigm in Philosophy: Selected Articles. – Ekaterinburg: Publishing House of the Ural University, 2011. – P. 4- 5.
10. Stalin I. V. Economic problems of socialism in the USSR. – M.: Gospolitizdat, 1952. – P. 40.
11. Tarle E. V. Essays on the colonial policy of Western European states (late 15th – early 19th century) / E. V. Tarle. – 2nd ed. – Moscow: Yurait Publishing House, 2021. – P. 226, 227.
12. Fedyaev D. M. Machine and Machinery // Modern Philosophical Dictionary / Under the general editorship of V. E. Kemerov. – 2nd ed. , corrected and supplemented. – London, Frankfurt am Main, Paris, Luxembourg, Moscow, Minsk / Panprint, 1998. – P. 475.
13. Hill T. I. Modern Theories of Knowledge. – M.: Progress, 1965. – P. 293, 318.
14. Church G. Fundamentals of production management // Scientific organization of labor and management. – M., 1966. – P. 228, 236.
15. Emerson G. . Twelve principles of productivity // Scientific organization of labor and management. – M., 1966. – P. 279, 298
PHILOSOPHY. RIGHT. SOCIETY
FROLOVA Irina Vasiljevna
Ph.D. in philosophical sciences, professor of Russian history, historiography, and source studies sub-faculty of the Ufa University of Science and Technology
FROLOV Konstantin Andreevich
junior researcher of the Ufa University of Science and Technology
LUKMANOVA Raushaniya Khusainovna
Ph.D. in philosophical sciences, professor of Russian history, historiography, and source studies sub-faculty of the Ufa University of Science and Technology
BUILDING SOLIDARITY THROUGH UNIVERSITY HUMANITIES DISCIPLINES: PROSPECTS OF THE PROJECT APPROACH
The article is devoted to the humanities in higher education as a resource for the formation of social solidarity among students. The authors emphasize the importance of the integrative knowledge and values of teamwork they form to counter individualism and the fragmentation of society. The article substantiates the position that educational policy in terms of teaching humanities should focus on project-based learning and civic initiatives.
Keywords: solidarity, humanities, project-based learning, civic initiatives.
Article bibliography
1. Barbrook R. Internet revolution. – Moscow: Ad Marginem Press, 2015. – 128 p.
2. Vidyakova Z. V. Basic ideas of John Dewey’s democratic pedagogy // Issues of modern science and practice. Vernadsky University. – 2012. – No. 3 (41). – P. 85-92.
3. Efimova E. A., Khavenson T. E. Master’s programs of the Institute of Education of the National Research University Higher School of Economics: practices of applying project-based learning: Study guide / National Research University Higher School of Economics, Institute of Education. – M .: Publishing house of the Higher School of Economics, 2023. – 68 p.
4. Zubanova L. B., Zykhovskaya N. L. Transit solidarity in modern network culture: between carnival and trauma // Sociological research. – 2019. – Vol. 45. No. 5. – P. 119-128.
5. Koryakovtseva O. A. Advantages and problems of applying the point-rating system in the university // Humanities. – 2021. – No. 1 (53). – P. 62-68. [Electronic resource]. – Access mode: https://clck.ru/3D98XY (date accessed: 09/06/2024).
6. Nachkebia M. S. The role of higher education institutions in the consolidation of urban communities // Social consolidation of urban communities: opportunities and limitations in the context of digitalization of the urbanized environment: collection of scientific papers. – Belgorod: KONSTANTA, 2021. – P. 54-58.
7. Project “History of My District” – HSE Project Fair // HSE. [Electronic resource]. – Access mode: https://clck.ru/3D98Tv (date accessed: 09/06/2024).
8. Sazonov B. A. Point-rating systems for assessing knowledge and ensuring the quality of the educational process // Higher education in Russia. – 2012. – No. 6. -P. 28-40. [Electronic resource]. – Access mode: https://clck.ru/3D98bH (date of access: 09/06/2024).
9. Social consolidation of urban communities: opportunities and limitations in the context of digitalization of the urbanized environment. Collection of scientific papers. Edited by V. P. Babintsev. – Belgorod, 2021. – P. 54-57.
10. Yasaveev I. G. “Move the block”: the experience of public sociology within the framework of a university course // Public sphere: theory, methodology, case study: collective. monograph. – M .: OOO “Variant”: TsSPGI, 2013. – P. 107-112.
11. Greeno J. G. Learning in activity. In R. K. Sawyer (Ed.), The Cambridge handbook of the learning sciences. – New York: Cambridge University Press, 2006. – R. 79-96.
PHILOSOPHY. RIGHT. SOCIETY
SHEVLYAKOVA Tatyana Anatoljevna
postgraduate student of the Tomsk State University of Control Systems and Radioelectronics, TUSUR
ORLOVA Vera Veniaminovna
Ph.D. in sociological sciences, professor, Head of Philosophy and sociology sub-faculty of the Tomsk State University of Control Systems and Radioelectronics, TUSUR
DYNAMICS OF IDEAS ABOUT MEDIATION IN THE HISTORY OF SOCIAL AND PHILOSOPHICAL THOUGHT
Society as the basis of human existence in the world, as a rule, is associated with two opposite types of relations: competition and solidarity. The article examines mediation from its first mentions in the history of the ancient world to the present day, suggesting that it is one of the effective technologies for transforming relationships, providing society with effective algorithms for conflict-free communication or a painless way out of an already existing conflict situation.
The research conducted in the article confirms that among the tasks of modern society there is still the problem of finding an effective social mechanism for reconciliation in social conflicts. The article considers changes in the ways of conflict resolution within organizations, the use of mediation in all possible cases of social conflicts, which can contribute to the process of introducing a culture of reconciliation into various spheres of public relations. Readiness for conciliation procedures is becoming a factor of adaptation in modern public relations.
Keywords: mediation, mediation, solidarity, competition, conflict.
Article bibliography
1. Allakhverdova O. V. Mediation in the philosophical, psychological and legal context / Development of mediation in Russia: theory, practice, education: collection of articles / Ed. E. I. Nosyreva, D. G. Filchenko. – M .: Infotropic Media, 2012. – 320 p.
2. Ancient philosophy: Encyclopedic dictionary / Russian acad. sciences, Institute of Philosophy; [Editorial board: M. A. Solopova (editor-in-chief) and others]. – M.: Progress-Tradition, 2008. – 895 p.
3. Veselova E. K. Spinoza’s teachings as a methodological basis for the psychology of spiritual and moral development of the individual. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/uchenie-spinozy-kak-metodologicheskaya-osnova-psihologii-duhovno-nravstvennogo-razvitiya-lichnosti/viewer (date of access: 06/14/2024).
4. Vyazov A. L., Yungus G. A. The problem of the irrational in human behavior: a philosophical aspect // New science and the formation of integrative-holistic thinking / Ed. S. V. Kuzmin. – Kazan, 2017. – P. 62-64.
5. Kropotkin P. A. Ethics: Selected Works. – M.: Politizdat, 1991.
6. Sevolobova S. A. Formation of Mediation in Russia // Young Scientist. – 2021. – No. 22 (364). – P. 388-391. [Electronic resource]. – Access mode: https://moluch.ru/archive/364/81585/ (date of access: 06/16/2024).
7. Stanford Encyclopedia of Philosophy. [Electronic resource]. – Access mode: https://plato.stanford.edu/entries/hobbes-moral/index.html (date of access: 12.08.2024).
8. Yungus G. A. Mediation as a socio-philosophical analysis. [Electronic resource]. – Access mode: https://www.dissercat.com/content/mediatsiya-sotsialno-filosofskii-analiz (date of access: 14.06.2024).
9. Tarakanov P. S. Philosophical biographical dictionary, illustrated with thoughts. – M .: Eksmo Publishing House, 2004. – P. 726.
10. Shamlikashvili Ts. A. Mediation is a modern method of out-of-court dispute resolution. – M.: Publishing House of OOO “Interregional Center for Management and Political Consulting”, 2017. – 77 p.
PHILOSOPHY. LAW. SOCIETY
KRYUCHKOVA Elena Yurjevna
competitor of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Head of the Laboratory for the Development and Promotion of Media Content at the Moscow Technical University of Communications and Informatics, member of the Russian Philosophical Society, member of the Russian Cultural Society, lecturer of Musical sound engineering sub-faculty of the Moscow Financial and Industrial University “Synergy”
SOCIOCULTURAL HORIZONS OF THE SOUND ENGINEER’S ACTIVITY IN THE PERSPECTIVE OF PHILOSOPHICAL ANALYSIS
The relevance of this study is due to the stermic development of audio content, which contributes to the preservation of the identity of modern culture and plays an important role in the sphere of mass communications. To analyze the sociocultural influence of these phenomena of cultural philosophy, it is appropriate to use phenomenological analysis. The importance of studying cultural aspects, especially in the context of mass culture and its separate element of sound engineering, involves much more than simply observing the influence of various social structures on human actions. The main emphasis is on actively tracing changes in these structures and their adjustment to the steadily changing conditions of life. As a result of this study, a close relationship between sound directing and current socio-philosophical currents was revealed, demonstrating their mutual influence and dependence.
Keywords: sound, sound engineer, sound engineering, philosophy of sound, sound image, sound picture, mass communications, culture, art.
Bibliographic list of articles
1. Montesquieu S. L. On the spirit of laws / Comp., translation and commentary: A. V. Mateshuk. – M.: Mysl, 1999.
2. Parsons T. On the Structure of Social Action / Under. general. editorship V. F. Chesnokova, S. A. Belanovsky. 2nd ed. M.: Acad. project, 2002.
3. Weber A. Selected: The Crisis of European Culture / A. Weber; [Transl.: M. I. Levina, T. E. Egorova]. St. Petersburg: Univ. book, 1999. 564, [1] p.; 22 cm. – (Book of light).; ISBN 5-7914-0032-2
4. Alexander J. The Promise of Cultural Sociology: Technological Discourse and Sacred and Profane Information Machines // Contexts of Modernity – II: Reader. 2nd ed., revised and enlarged. / Comp. and editor S. A. Erofeev. Kazan: Kazan University Press, 2001. Pp. 91-99.
5. Berger P. L. Social Construction of Reality: A Treatise on Sociological Knowledge: [Translation] / Peter Berger, Thomas Luckmann. Moscow: Moscow Philosophical Foundation, 1995. 322 p.
6. Luhmann N. Social Systems: An Outline of a General Theory / Translated from German by N. A. Golovin. St. Petersburg: Nauka, 2007.
7. Crane D. Sociology of Culture: A Challenge to Sociology as a Discipline // Contexts of Modernity. 1: Current Issues of Society and Culture in Western Social Theory / Reader: Translated from English and German – 2nd ed., revised and enlarged. Kazan: Kazan University Press, 2000. 176 p. P. 96-100.
8. Elias N. On the process of civilization: Sociogenetic and psychogenetic research / Norbert E.; Acad. research. culture. – M.; SPb.: Univ. book, 2001. (University Library. Sociology).; ISBN 5-7914-0023-3 (Book of light)
9. Jaspers K. The Origins of History and Its Purpose: [2nd issue] / K. Jaspers; Translated by M. I. Levina; USSR Academy of Sciences, INION. Moscow: INION, 1991. 215 p.
PHILOSOPHY. LAW. SOCIETY
ALSHEVSKAYA Larisa Vladimirovna
Ph.D. in philosophical sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
PHILOSOPHY AND METHODOLOGY OF SCIENCE BY V. V. ROZANOV
The article examines the concept of scientific knowledge proposed by the Russian philosopher V. V. Rozanov (1886 – 1919). It is especially emphasized that this little-studied aspect of the thinker’s work, which constitutes the most important philosophical part of his philosophical reflection, is decisive for his entire philosophy, literature, journalism, public and private life. It is fundamentally important that Rozanov’s main work devoted to this problem, the book “On Understanding”, published in 1886, remained either almost unnoticed by the majority of readers in Russia at that time, or caused a negative reaction from his contemporaries. Nevertheless, this work can be called a program manifesto, proclaiming science as an integral, unified way of knowledge, the essence of which is understanding. In this work, Rozanov outlines a path of knowledge that units philosophy and other areas of science (private, highly specialized), as well as art and religion, taking into account the possibilities and significance of the phenomenon of understanding in moving towards the true goal of knowledge, which he designs as good. He notes the special activity of the subject in cognition. Being a religious philosopher, methodologically he remains on the side of dialectics.
Keywords: science, philosophy, process of cognition, understanding.
Bibliographic list of articles
1. Varlamov A. The name of Rozanov. – M.: Young Guard, 2022. – 512 p.
2. Varlamov A. Rozanov. – M.: Molodaya Gvardiya, 2022. – 700 p.
3. Vasily Rozanov. From Dostoevsky to Berdyaev. Reflections on the Fate of Russia. – M.: Algorithm, 2017. – 560 p.
4. V. V. Rozanov: Pro et contra: Anthology. – St. Petersburg: Russian Christian Humanitarian University, 1995. – 512 p.
5. Gollerbakh E. F. V. V. Rozanov. Life and Work. – M.: Kvazar, 1991. – 84 p.
6. Nikolyukin A. N. 60 Years with Rozanov, or 30 Years in His Archive // Literary Studies Journal. – 2019. – No. 45. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/60-let-s-rozanovym-ili-30-let-v-ego-arhive (date accessed: 29.06.2024).
7. Under the wheels of history. Correspondence of V. V. Rozanov and P. P. Pertsov. In 2 volumes. – St. Petersburg: Pushkin House, 2023.
8. Rozanov V. V. Apocalypse of our time. – Moscow: World of Philosophy. Dmitry Sechin, 2018. – 640 p.
9. Rozanov V. V. The Legend of the Grand Inquisitor by F. M. Dostoevsky. – Moscow: Republic, 1996. – 702 p.
10. Rozanov V. V. On understanding. An attempt to study the nature, boundaries and internal structure of science as integral knowledge. – SPb.: Nauka, 1994. – 540 p.
11. Rozanov V. V. Nature and history. – M.: Respublika, 2008. – 766 p.
12. Rozanov V. V. Religion and culture. – M.: Respublika, 2008. – 894 p.
13. Rozanov V. V. Works. – M.: Sovetskaya Rossiya, 1990. – 592 p.
14. Rozanov V. V. The purpose of human life // The meaning of life in Russian philosophy. – SPb.: Nauka, 1995. – pp. 165-219.
15. Rozanov V. V. Aesthetic understanding of history // Russian philosophers: Anthology. – M.: Knizhnaya palata, 1994. – P. 43-125.
16. Fateev V. A. Rozanov: Life, creativity, personality. – M.: Publishing house: Mysl, 1990. – 208 p.
PHILOSOPHY. LAW. SOCIETY
BLIZNYUK Alexander Gennadjevich
postgraduate student of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
SPECIFIC OF UNDERSTANDING THE PHENOMENON OF KINSHIP IN CLASSICAL ANTHROPOLOGICAL STUDIES
The article considers the main approaches to the understanding of kinship in the works that anthropology formed as a scientific discipline. It reveals the established practice in the study of kinship and the prospects of using classical anthropological research for modern research within the framework of philosophical anthropology.
Keywords: philosophical anthropology, kinship, kinship ties, history of anthropological studies.
Article bibliography
1. Morgan L. G. Ancient society / Translated from English by M. O. Kosven. 2nd ed., stereot. – Leningrad: Publishing house of the Institute of the Peoples of the North of the Central Executive Committee of the SSR, 1935. – 386 p.
2. Henry Sumner Maine. Lectures on the early history of institutions. – John Murray, 1875. – 412 p.
3. Maine G. S. Ancient plaw, its connection with the ancient history of society and its relation to the latest ideas / Translated by N. Belozerskaya from the 4th English edition. – St. Petersburg: D. E. Kozhanchikov, 1873. – 312 p.
4. John Ferguson McLennan. The patriarchal theory: Based on the papers of the late John Ferguson McLennan. – London: Macmillan, 1885. – 355 p.
5. Lowie R. The Origin of the State / Translated from English by Alexey Snigirov; under the scientific editorship of Maria Chernova. – Moscow: Publishing House “Delo” RANEPA, 2023. – 126 p.
6. Bronislaw Malinowski. A Scientific Theory of Culture and Other Essays. – New York: Oxford University Press, 1960. – 228 p.
7. Radcliffe-Brown A. R. Structure and Function in Primitive Society: Essays and Lectures. – Moscow: Vost. lit., 2001. – 303 p.
8. Kenneth Allan. Explorations in Classical Sociological Theory: Seeing the Social World. – Pine Forge Press, 2010. – 451 p.
9. Claude Lévi-Strauss. The Elementary Structures of Kinship. – Boston: Beacon Press, 1969. – 524 p.
10. Franz Boas. Anthropology and Modern Life. – London: George Allen & Unwin LTD, 1929. – 256 p.
PHILOSOPHY. RIGHT. SOCIETY
KAZIEV Nikita Rasulovich
postgraduate student of Philosophy and sociology sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
THE EVOLUTION OF THE CONCEPT OF “FRATERNITY” IN SOCIAL PHILOSOPHY
The search for perfect forms of social interaction has always remained an urgent problem for social philosophy. One of the little-studied problems from the point of view of social philosophy was the phenomenon of “brotherhood”. In the current era, the problem has been actualized by twinning issues, the crisis of relations with the West, unilaterally severing twinning relations with Russian cities and universities. The complexity of the issues is also dictated by the entry of new territories into Russia, the need to develop new ethical and axiological standards based on centuries-old traditions. The task of building a civilizationally competitive network of cultural ties within multinational Russia, which ensured its unity in diversity in the international arena, requires careful attention to the phenomenon of brotherhood in the history of philosophy, the evolution of ideas about this phenomenon in a variety of philosophical schools and worldview paradigms. The purpose of the work is a brief historiographical excursion into the philosophy of brotherhood on the example of the socio-philosophical reflection of this phenomenon in key philosophical directions.
Keywords: friendship, fraternity, paradiplomacy, brotherhood, universal human value, value.
Article bibliography
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2. Bauman Z. Individualized society. – Moscow: Logos, 2005. – P. 90.
3. Bacon. Works. In 2 volumes. T. I. – M.: Mysl, 1971. – P. 153.
4. Voltaire. Philosophical Works. -M.: EKSMO, 2005. – P. 138.
5. Hegel. Works. T. VII. Philosophy of Law. – M.-L.: SOTSEKGIZ, 1934. – P. 73.
6. Herzen. A. I. Works in 2 volumes: T. 2. – M.: Mysl, 1986. – P. 1 07.
7. Jefferson. Autobiography. Notes on the State of Virginia. – L.: Science, Leningrad Branch, 1990. – P. 63.
8. The Gospel of Matthew. Chapter 23. Verse 8.
9. Camus. Works. In 5 volumes. Vol. 3. – Kharkov: Folio, 1998. – P. 119.
10. Camus A. Works. In 5 volumes. Vol. 5. – Kharkov: Folio, 1998. – P. 68. (410 p.)
11. Lenin V. I. Collected Works. Fifth edition. Vol. 11. July-October 1905. – Moscow: Publishing House of Political Literature, 1968. – P. 329.
12. Lenin V. I. Collected Works. Fifth edition. Vol. 12. October 1905 – April 1906. – Moscow: Publishing House of Political Literature, 1968. – P. 69.
13. Lenin V. I. Collected Works. Fifth edition. T. 34. July-October 1917. – M.: Publishing house of political literature, 1969. – P. 380.
14. Locke J. Works: In 3 volumes. T. 3. – M.: Mysl, 1988. – P. 230.
15. Makulin A. V., Kaziyev N. R. Phenomenology of brotherhood and twinning: from paradiplomacy to digital twins of cities // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and social sciences. – 2023. – T. 23. No. 5. – P. 114-121.
16. Makulin A. V. 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.
17. Marx K. and Engels F. The Alliance of Socialist Democracy and the International Workingmen’s Association. Report and documents published by resolution / Marx K., Engels F. Works. – 2nd ed. – Moscow: Gospolitizdat, 1961. – Vol. 18. – P. 452.
18. Marx K. and Engels F. To the Committee of the Social Democratic Labor Party / Marx K., Engels F. Works. – 2nd ed. – Moscow: Gospolitizdat, 1960. – Vol. 16. – P. 450.
19. Marx K. Speech on Free Trade / Marx K., Engels F.. Works. – 2nd ed. – M.: Gospolitizdat, 1955. – Vol. 4. – P. 416.
20. Marx K., Engels F. Works. – 2nd ed. – M.: Gospolitizdat, 1961. – Vol. 25. – Part 1. 1961. – P. 217.
21. Neretina S. S. Vernadsky’s “Brotherhood” // Landmarks … Issue 9. – M.: Institute of Philosophy of the Russian Academy of Sciences. 2014. – P. 70-82.
22. Owen R. Selected Works. T. I. – M.-L.: Publishing House of the USSR Academy of Sciences, 1950. – P. 361-362.
23. Ricoeur P. History and Truth. – St. Petersburg: Aletheia, 2002. – Page 127.
24. Rassokha I. N. Phoenician Philosophy and the Bible. The Discovery of America by the Phoenicians. – Kharkov: KhNAMG, 2009. – 388 p.
25. Russo J. J. Treatises. – Moscow: Nauka, 1969. – Page 309.
26. Frank S. L. God is with us. – Moscow: OOO “Izdatelstvo AST”, 2003. – Page 343.
27. Chaadaev P. Ya. Complete Works and Selected Letters. T. 1. – M.: Nauka, 1991. – P. 572.
28. Engels F. Outlines of a Critique of Political Economy / Marx K., Engels F. Works. – 2nd ed. –M.: Gospolitizdat, 1955. – T. 1. – P. 271.
29. Engels F. To the Sixth Congress of the Belgian Sections of the International Workingmen’s Association / Marx K., Engels F. Works. 2nd ed. – M.: Gospolitizdat, 1960. – T. 17. –P. 285.
30. Engels F. Democratic Pan-Slavism / Marx K., Engels F. Works. 2nd ed. –M.: Gospolitizdat, 1957. – Vol. 6. – P. 292.
31. Engels F. to Karl Kautsky, February 20, 1889 / Marx K., Engels F. Works. 2nd ed. – M.: Gospolitizdat, 1965. – Vol. 37. – P. 127.
PHILOSOPHY. LAW. SOCIETY
KARKHOTKINA Anna Olegovna
postgraduate student of Philosophy, sociology and history sub-faculty of the Russian uni-versity of Transport (MIIT)
THE PHENOMENON OF A CAREER IN THE LIFE OF A MODERN RUSSIAN
Aim. To investigate the phenomenon of career in the life of a modern Russian, to identify the main factors influencing career aspirations and success, as well as to consider career strategies in the context of socio-economic and cultural changes in Russia.
Methodology. The methodological basis of the study was based on systematic, ac-tivity-based, socio-cultural and prognostic approaches, as well as methods of analysis and synthesis, questionnaires and interviews.
Results. The study found that the phenomenon of career for a modern Russian is becoming more and more significant, playing a key role in the formation of personal and social identity. The main factors influencing career aspirations include education, social networks, economic conditions and cultural values. The study also revealed a variety of career strategies that include entrepreneurship, working in large corporations and the public sector. Socio-economic changes such as digitalization and globalization have a significant impact on career paths, providing new opportunities, but also creating new challenges and inequalities.
Research implications. The results of the study contribute to a deeper understanding-ing of career processes in modern Russian society and can be used to develop recommendations to support professional growth and a successful career. The study highlights the importance of adapting educational and career programs to rapidly changing labor market conditions.
Keywords: career, career strategies, professional growth, digitalization, professional self-determination, youth, Russian society.
Article bibliography
1. Balog M. M., Demidova S. E., Troyan V. V. The impact of digitalization of the economy on the labor market // ETAP. – 2021. – No. 5.
2. Vorontsov V. S. Formation, development and transformation of national elites in the USSR and the Russian Federation // Bulletin of Udmurt University. Sociology. Political Science. International Relations. – 2019. – № 2.
3. Gorbacheva N. B. Young people’s view of professional choice and demand for professions in the labor market // KNZh. – 2015. – № 3 (12).
4. Gudashova L. E. Entrepreneurship in Russia: problems and features // Modern competition. – 2013. – № 2 (38).
5. Evdokimova M. V. Career orientations of modern youth // Economy and society. – 2016. – №10 (29).
6. Zhukovskaya O. V. Designing a professional career for Russian youth in the higher education system: management aspect, 2010.
7. Kozhokina L. Yu. Causes of unemployment, its positive and negative consequences // E-Scio. – 2019. – No. 12 (39).
8. Kupyanskaya M. A., Dotsenko D. A. Analysis of the dynamics of unemployment in Russia // International Journal of Humanities and Natural Sciences. – 2019.
9. Levchenko V. V., Pleshivykh K. A. Social aspects of career growth of employees at a modern Russian enterprise // Bulletin of the State University of Management. – 2016. – No. 9.
10. Romanovskaya E. V., Terekhova A. E., Emelyanova A. M., Sulimova I. D. Study of unemployment problems in a market economy // Successes of modern science. – 2017. – No. 2. – P. 121-123.
11. Smolentseva E. V. Unemployment in the Russian Federation: assessment and features// Moscow Economic Journal. – 2019. – No. 6.
12. Staursky E. S., Staursky S. S. Trends in the Development of the Russian Labor Market // Bulletin of the Cluster University. – 2022. – No. 1 (1).
13. Tonkikh N. V., Baranova N. V. Work-life balance in the system of values of young people: research methodology // Discussion. – 2020. – No. 5 (102).
14. Shibarshina O. Yu. On the issue of the dynamics of unemployment rates in Russia // Innovative economy: prospects for development and improvement. – 2019. – No. 1 (35).
15. Yakovlev A. A., Egorov M. N. Career strategies of young people as a path to promising activities // Humanitarian, socio-economic and social sciences. – 2024. – No. 1.
16. Yarovaya T. V., Kalinkina V. V. Unemployment in the Russian Federation and its causes. Educational projects of the state as an effect of changes in the labor market during the COVID-19 pandemic // Moscow Economic Journal. – 2022. – No. 1.
PHILOSOPHY. LAW. SOCIETY
PLINTSOVSKIY Andrey Sergeevich
postgraduate student of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE INCLUSIVE POTENTIAL OF PHILOSOPHICAL INTERPRETATIONS OF CREATIVITY IN A WESTERN EUROPEAN PERSPECTIVE
The article attempts to analyze philosophical interpretations of creativity in a Western European perspective on the subject of inclusive potential. In almost every area of philosophy, there are points of contact with the ideas of inclusion, which indicates an appeal to human problems at almost any time interval.
Keywords: inclusion, disability, people with health deficits, creativity, retrospective analysis, philosophical interpretation.
Article bibliography
1. Adler A. Understanding the nature of man / A. Adler; [translated from German by E. Tsypin]. – Moscow: AST Publishing House, 2021. – 320 p. – (Philosophy – Neoclassic).
2. Berdyaev N. A. The meaning of creativity. The experience of human justification. – Moscow: Yurait Publishing House, 2018. – 256 p. – (Anthology of Thought).
3. Zenko N. N. The Problem of Creative Self-Realization of the Individual in the Works of Renaissance Thinkers // Bulletin of the I. P. Shamyakin Moscow State Pedagogical Univ. – 2017. – No. 2 (50). – P. 78-82.
4. Komarov A. I. Ancient Philosophy (Democritus, Plato) and the Problem of Creativity // Economic and Social-Humanitarian Studies. – 2014. – No. 2 (2). – P. 55-63.
5. Nesterova O. Yu. Freedom of Choice as the Basis of Creativity in the Philosophy of Thomas Aquinas // Almanac of Modern Science and Education. – Tambov: Gramota, 2017. – No. 3 (117). – P. 65-67.
6. Rorty R. Chance, Irony, and Solidarity / Rorty R. Translated from English by I. Hestanova, R. Hestanova. – M.: Russian Phenomenological Society, 1996. – 282 p.
7. Sudakova N. E. Philosophy of Inclusion: Paths to the Receiving Society // Music in the Information Space of the Culture of the Third Millennium: Problems, Opinions, Prospects: Collection of scientific papers. Issue VII. – M.: RSSU, 2012.
8. Sudakova N. E. Man in the Era of Inclusion: The Birth of Participatory Being: Monograph. – M.: Buki Vedi, 2018.
PHILOSOPHY. LAW. SOCIETY
KUBRIKOVA Anna Sergeevna
senior lecturer of the M. F. Reshetnev Siberian State University of Science and Technology, postgraduate student of the V. P. Astafjev Krasnoyarsk State Pedagogical University
LISINA Larisa Georgievna
Ph.D. in philosophical sciences, associate professor, Head of Philosophy, economics and law sub-faculty of the V. P. Astafjev Krasnoyarsk State Pedagogical University
HISTORICAL DEVELOPMENT OF THE STATE AND THE EVOLUTION OF STATEHOOD: THE BI-UNITY OF THE PROCESS
The article examines the relationship between the formation of statehood and the historical development of the state. This dual, two-sided process is influenced by many factors of both internal and external nature. Two approaches to understanding the evolution of statehood are compared: formational and civilizational. The formational approach, based on the principle of changing socio-economic structures, is certainly fruitful, but it does not always explain the unique features of a particular state. The civilizational approach takes into account the unique features of the country and the people, allowing for various trajectories of statehood formation. Russia, which has gone through a difficult path from monarchy to a modern democratic system, serves as a vivid example that allows us to understand how historical processes influence the structure and development of the state, ensuring its adaptation to various global challenges.
Keywords: state, statehood, formation approach, civilization approach, historical development, typology of states, global challenges.
Article bibliography
1. Grechnev A. V. Interaction of the state and the individual in the focus of the formational approach // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 55-57. – EDN KHDXZX.
2. Farkhutdinov L. I. Ignoramusetignorabimus: the problem of the theory of capitalist crisis from the point of view of the methodology of science // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 555-557. – EDN LFEITJ.
3. Pogosyan V. G. The phenomenon of modernization in light of the civilizational and formational approaches // Social Policy and Sociology. – 2016. – V. 15. № 2(115). – P. 138-146. – DOI 10.17922/2071-3665-2016-15-2-138-146. – EDN WXQIIH.
4. Rozanov F. I., Danilova A. A. Common and Different in Understanding the Historical Process by Formational and Civilizational Approaches // New Science: History of Formation, Current State, Development Prospects: A Collection of Articles Following the Results of the International Scientific and Practical Conference, Kazan, April 26, 2018. Volume Part 2. – Kazan: Limited Liability Company “Agency for International Research”, 2018. – P. 160-162. – EDN YXALRP.
5. Davydenko E. N. From the formational and civilizational approach to development to a multidimensional approach to understanding socio-historical reality // Methodology of understanding history: objective mechanisms of development versus political projectivism (Series “Socio-humanitarian research of Donbass scientists”): Proceedings of the X All-Russian scientific and practical conference with international participation, Donetsk, April 19, 2024. – Donetsk: Donetsk National Technical University, 2024. – P. 65-72. – EDN EURBBU.
6. Farkhutdinov I. Z. “Russian trace” in Morocco. El-Maghrib: The Far West of the Arab East in the context of Eurasian geopolitics // Eurasian Law Journal. – 2021. – No. 6 (157). – P. 18-25. – EDN EUTQSL.
7. Shirokova M. A. Civilizational approach in the content of the course “Fundamentals of Russian statehood” // Actual culture. – 2024. – No. 1. – EDN KWTICJ.
8. Dubrovin M. A. The state in the context of globalization challenges: an integration approach // Eurasian Law Journal. – 2022. – No. 5 (168). – P. 66-67. – EDN LBRMEU.
9. Musayeva A. G., Agasieva M. N. Political regime: as an element of the form of state // Eurasian Law Journal. – 2024. – No. 5 (192). – P. 93-94. – EDN QXUJIV.
10. Sinodskiy A. V. Human Rights in the Context of Globalization: A Civilizational Approach // Proceedings of Bratsk State University. Series: Humanitarian and Social Problems of Development of Siberian Regions. – 2005. – Vol. 1. – Pp. 126-128. – EDN SJKTZD.
PHILOSOPHY. LAW. SOCIETY
ROMANOVSKAYA Vera Borisovna
Ph.D. in Law, professor, Head of Theory and history of state and law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
KRYMOV Andrey Vladimirovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
STATE AND LEGAL IDEALS AND VALUES: THE WEST AND RUSSIA
The article reveals the fundamental discrepancy in scientific approaches to the problems of the state, law and society in the West and in Russia, the danger of relying on Western concepts of the rule of law, democracy, and human rights, which are constantly used to destabilize political regimes disloyal to the collective West. The neglect of domestic philosophical and legal ideas of state building and social development threatens the sovereignty of the country.
The views of Russian Eurasians and their criticism of Western approaches to the world order as common and universal for all countries are analyzed. The question is raised about the need to strengthen national scientific sovereignty in the field of jurisprudence and in other areas of social science, taking into account the current devaluation of many Western legal values and institutions.
Keywords. Democracy, Eurasianism, ideocracy, culture, liberalism, scientific sovereignty, religious and moral values.
Article bibliography
1. Alekseev N. N. Eurasians and the state // Eurasian chronicle / Ed. P. N. Savitsky. Issue IX. – Paris: Eurasian book publishing house, 1927. – 101 p.
2. Vysheslavtsev B. P. Crisis of industrial culture. Selected works. – M. Astrel, 2006. – 1037 p.
3. Gasparov, M. L. Entertaining Greece: Stories about Ancient Greek Culture. – M.: New Literary Review, 1998. – 384 p.
4. Dostoevsky, F. M. Complete Works in Thirty Volumes. Volume 15. Notes / USSR Academy of Sciences, Institute of Russian Literature (Pushkin House); editorial board: V. G. Bazanov (editor-in-chief), G. M. Friedlender (deputy editor-in-chief), V. V. Vinogradov, and others. – Science. LeningradDepartment, 1972-1990. – 624 p.
5. Eurasianism. (Formulation of 1927) // Eurasian Chronicle / Ed. by P. N. Savitsky. Issue IX. – Paris: Eurasian Book Publishing House, 1927. – 101 p.
6. Levin, Ya. A. Operation Ajax in CIA Analytics: Colonial Knowledge in the Postcolonial Era // Samara Scientific Bulletin. – 2018. – Vol. 7. No. 2 (23). – P. 200-203.
7. Nazmutdinov, B. V. The Concept of the State in the Works of the Classics of Eurasianism // Law. Journal of the Higher School of Economics. – 2012. – No. 4. – P. 163-176.
8. Savitsky P. N. Selected Works / P. N. Savitsky; compiled by, author of the introduction E. L. Petrenko; authors of the comments M. I. Ivanov, T. V. Ivanova, A. L. Petrenko. – M.: Russian Political Encyclopedia (ROSSPEN), 2010. – 776 p.
PHILOSOPHY. LAW. SOCIETY
BIKMETOV Evgeniy Yurjevich
Ph.D. in sociological sciences, professor of the Ufa University of Science and Technology
GARIPOVA Galiya Rizvanovna
Ph.D. in philosophical sciences, associate professor of the Ufa University of Science and Technology
ITKULOVA Leysian Akhmetovna
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
LUKYANOV Arkadiy Viktorovich
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
PUSHKAREVA Marina Alexeevna
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
ETHICS OF DUTY AS A METHODOLOGICAL RESEARCH PROGRAM OF ECOLOGICAL THINKING AND BEHAVIOR IN THE CONDITIONS OF INVIRONMENTAL CRISIS
The article develops philosophical and ethical foundations of ecological thinking and behavior in the context of ethics of duty. The authors understand the ethics of duty as the potency, the power of harmony, on which the hope for the effectiveness of moral efforts of mankind and its revival in the future is based. The ethics of duty is connected with deontology, opposing consequentialism, utilitarianism and narrow-pragmatic approach to the consideration of social phenomena, defines the requirements for human actions, which should not destroy existence in the future and do not threaten the preservation of life. Ecological thinking and behavior do not arise randomly and automatically, but require moral effort. The applied dialectical method, which is based on the principle of activity of self-consciousness, is associated with rising above utilitarianism, overcoming consumerist, technocratic attitude to the surrounding world, operating with quantitative indicators of intellectual progress. The research is based on the principle of additionality of sensuality and reason, pleasure and duty.
Keywords: ethics of duty, ecological thinking, dialectical method, environmental crisis, complementarity principle.
Bibliographic list of articles
1. Elkington J. Towards the Sustainable Corporation: Win-Win-Win Business Strategies for Sustainable Development // California Management Review. – 1994. – Vol. 36. – P. 90-100.
2. Jonas H. Das Prinzip Verantwortung: Versuch einer Ethik für die technologische Zivilisation. Neuausgabe mit einem Nachwort von R. Habeck. – Berlin, 2020.
3. Brennan A. The Moral Standing of Natural Objects // Environmental Ethics. – 1984. – Vol. 6. – P. 35-56.
4. Katz E. Nature as Subject. Human Obligation and Natural Community. – New York: Rowman & Littlefield Publishers, 1997.
5. Badiou A. Metaphysics and the Critique of Metaphysics // Pli. – 2000. – Vol. 10. – P. 174-190.
6. Leyenberger G. Metaphores de la presence. II. La philosophie de Hölderlin. – Editions Osiris, 1994.
7. Wagner F. The Concept of the Personality of God by Ficnte and Hegel. – Gütersloh, 1971.
8. Bloch E. Understanding the Concepts in Philosophy. – Suhrkamp Verlag, 1963.
9. Lukyanov A. V. The Idea of Metacriticism of “Pure” Love (A Philosophical Introduction to the Problem of the Relationship between Dialectics and Metaphysics). – Ufa: BashSU, 2001.
10. Limits to Growth: The 30-Year Update. With D. Meadows, J. Randers, D. Meadows. – Chelsea Green Publishing, 2004.
11. Thomas Aquinas. Sum of Theology: with Comments and Explanations / Transl., compiled, commented by K. Bandurovsky. – M .: AST, 2019.
12. Aristotle. Works: In 4 volumes. Vol. 1 / Ed. V. F. Asmus. – M .: Mysl, 1976.
13. Kant I. Works. In 6 volumes. Vol. 6 / Ed. A. V. Gulyg; trans. B. A. Focht. – M .: Mysl, 1964.
14. Girndt H. The “I” Whose Works Are the Foundations of the Historical Wisdom in the History of the Wisdom of 1804 // Fichte-Studien. – 1997. – Vol. 10. – P. 319-333.
15. Lauth R. Die transzendentale Naturlehre Fichtes nach den Prinzipien der Wissenschaftslehre // Tijdschrift Voor Filosofie. – 1986. – Vol. 48(1). – P. 141-142.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
ENCLAVIZATION OF RUSSIA AS A THREAT TO SUSTAINABILITY
Convicts Abdullaev, Arslonov, Ganiev, Dzhabborov, Zhumayev, and Turabayev, who were serving sentences for drug dealing, rape, and robbery, made a 65-meter-long dig in Lipetsk Penitentiary Institution-2. This emergency was another in a series of alarm bells related to migrants in Russia this year. The apogee of brazenness and cynicism was the terrorist attack in Crocus, where 120 people were killed. It was carried out, like many other provocations by guest workers, on the orders of Western intelligence services. It is only today that a sober understanding of simple truths comes to light: “migrants remain loyal to their countries and their communities”, “diasporas cannot be filled with power, they will not protect Russia”, “the growth of migrants in cities with millions of inhabitants is a strategic risk”, “shawarma construction is a redundant form of economy”, “the UAE formula for migrants ‘no families and no children’ is optimal for construction business and production”.
Keywords: xenophobia, enclavization, ethnodemography, sustainable development.
Bibliographic list of articles
1. Zakharova O. V., Timoshchuk A. S. Ethnoconfessional heterogeneity and security of Russian society // Social relations. – 2024. – No. 3 (30). – P. 105-117.
2. Babich A. A. Influence migration processes on crime and its prevention (based on materials from the Russian Federation and the Republic of Kazakhstan) // Abstract of Cand. Sci. (Law). – M.: MU MVD, 2023. – 31 p.
3. Magomedov E. B. Criminological characteristics of crime of foreign migrants in the republics of the North Caucasian Federal District and its prevention: author’s abstract. dis. … candidate of legal sciences. – Grozny: ChSU, 2021. – 19 p.
4. Rybakovsky L. . L. The demographic future of Russia and migration processes // Sociological research. – 2005. – No. 3. –P. 71-81.
5. Yurkov D. V. Migration policy of the United Arab Emirates: problems and prospects // Bulletin of Economics, Law and Sociology. – 2015. – No. 4. – P. 150-154.
PHILOSOPHY. LAW. SOCIETY
RUDKEVICH Elena Yurjevna
Ph.D. in philosophical sciences, professor of Military and political work in the military (forces) sub-faculty, branch of the Military Educational Scientific Center “Professor N. E. Zhukovsky and Yu. A. Gagarin Air Force Academy” in Syzran
WAR: CONCEPTUALIZATION OF THE CONCEPT IN THE WORK OF H. HOFMEISTER’S “THE WILL TO WAR OR THE IMPOTENCE OF POLITICS”
In Hofmeister’s theory, war is an integral part of the state, despite the fact that states were created in the hope of putting an end to violence and wars. Without denying the connection between war and politics (as a special activity of the state), the researcher shows war not as a means of conducting politics, but as the absence of politics. Hofmeiter’s main thesis, derived in the title of the work, is consistently proven and confirmed on the pages of the work itself. The author confirms that the thematization of war is possible only within the framework of philosophical knowledge.
Keywords: politics, modern society, war, violence, H. Hofmeister.
Article bibliography
1. Dostoevsky F. M. Paradoxalist // Russian philosophers on war. – M.; Zhukovsky: Kuchkovo pole, 2005. – P. 11-18.
2. Jouvenel B. de. Power. The natural history of its growth. – M.: IRISEN; Mysl, 2010. – 544 p.
3. Kaldor M. New and old wars: the organization of violence in the global era. – M.: Gaidar Institute Publishing House, 2015. – 416 p.
4. Krasikov V. I. Violence and Culture // Bulletin of the Kemerovo State University of Culture and Arts. – 2008. – No. 6. – P. 63-77.
5. Lyubimova T. B. War: Fate or evil will? // Electronic philosophical journal Vox / Voice. [Electronic resource]. – Access mode: http://vox-journal.org Issue 18 (June 2015)
6. Maltsev K. G., Maltseva A. . V., Lomako L. L. War in the horizon of the “concept of the political” (K. Schmitt) and the “impotence of politics” (H. Hofmeister) // Bulletin of the State Regional University. Series: History and political sciences. – 2022. – No. 4. – P. 124-138.
7. Matyash D. V. Death, war, blood, Motherland: tradition and non-tradition // Philosophy of Law. – 2003. – No. 1 (7 ). – P. 70-74.
8. Matyash D. V., Kharisov R. Z. Social and anthropological dimension of power // Humanitarian and socio-economic sciences. – 2006. – No. 2 (21). – P. 53-57.
9. Melkov S. A., Mikryukov V. O. Summary-review of the book by a modern polyphilosophical philosopher // GosReg: state regulation of public relations. – 2017. – No. 2 (20). – P. 21.
10. Rudkevich E. Yu., Cherepanov A. Yu. Typology of wars: basics of socio-philosophical analysis // Bulletin of the Academy of Military Sciences. – 2018. – No. 3 (64). – P. 16-21.
11. Hofmeister H. The will to war or the impotence of politics. – St. Petersburg: IC “Humanitarian Academy”, 2006. – 288 p.
PHILOSOPHY. LAW. SOCIETY
SIGAURI-GORSKII Egor Ruslanovich
scientific research of the Centre for Vietnam and ASEAN Studies, Institute of China and Contemporary Asia of the Russian Academy of Sciences
MUTUAL LESSONS OF «THE ASEAN WAY» AND EURASIAN INTEGRATION IN THE EMERGENCE OF A MULTIPOLAR WORLD ORDER: ISSUES OF SOCIOLOGY OF LAW AND POLITICAL PHILOSOPHY
The goal of the study is to provide an inquiry regarding the possibilities of using the example of ASEAN Way diplomacy for integration processes in the Eurasian space. The diplomatic practice of the «ASEAN Way» is considered from the perspective of O. Ehrlich’s sociology of law approach. The significance of the ASEAN Way as a reflection of the «living law» of Southeast Asian states, formed by traditional patterns of behavior, is emphasized in the context of the pluralism of Southeast Asian legal culture, which includes the influence of different legal systems and traditions. It seems that the ASEAN «living law» can serve as a certain reference point for the EAEU, whose legal culture is still in the process of formation. The key common factor of further foreign policy development for the EEU and ASEAN is integration based on the pluralism of cultural diversity and respect for the sovereign interests of partners in the context of global changes in the world order.
Keywords: ASEAN, EAEU, ASEAN Way, Eurasian integration, Southeast Asia, pluralism, sociology of law, sociological jurisprudence, political philosophy.
Article bibliography
1. Globalization and integration processes in the Asia-Pacific region (legal and economic study): monograph / I. I. Shuvalov, T. Ya. Khabrieva, A. Ya. Kapustin [et al.]; edited by Academician of the RAS T. Ya. Khabrieva. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2019. – 332 p.
2. Efremova K. A. ASEAN as a “normative force”: subject field of discussion // Comparative politics. – 2019. – Vol. 10. No. 4. – Pp. 97-107.
3. Schmitt K. State and political form [Text] / Trans. from Ger. O. V. Kildyushova; compiled by V. V. Anashvili, O. V. Kildyushov; State University – Higher School of Economics. – Moscow: Publishing House of the State University – Higher School of Economics, 2010. – 272 p. – (Political Theory).
4. Blickman M. A. F.S.C. Northrop’s Legal Science and International Law: A Solution to Ideological Conflict Through Law // Boston College International & Comparative Law Journal. – 1977. – Vol. 1. № 1. – P. 337-355.
5. Northrop F.S.C. The Meeting of East and West. An Inquiry Concerning World Understanding. – The MacMillan Company, 1947. – 531 p.
PHILOSOPHY. LAW. SOCIETY
RAZINKOVA Oksana Igorevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty, Russian University of Transport (RUT (MIIT), Corresponding Member of the International Academy of Sciences of Pedagogical Education
FEATURES OF THE FORMATION OF A CHILD’S «NETWORK PERSONALITY»: A SOCIO-PHILOSOPHICAL ANALYSIS
The article examines the phenomenon of «network personality» as one of the forms of identification of the younger generation. Based on the analysis of studies devoted to the influence of Internet content and social networks on the formation of a child’s worldview, the features of the «network personality» are described, on the one hand, implying unlimited freedom of communication, behavior, assessment of what is happening, on the other, generating a number of threats and challenges associated with the psychological and mental health of children and adolescents under the influence of constant presence in the Internet space.
Keywords: network personality, teenagers, children, parents, Internet, social networks, younger generation, identification, worldview.
Article bibliography
1. Akhayan A. A. Network personality as a pedagogical concept (invitation to reflection): on one feature of network personality // Educational dynamics of network personality materials of the 1st international scientific and practical conference. Herzen State Pedagogical University of Russia, 2018.
2. Elkina I. M. On new didactic concepts: rhizome-like learning // FN. – 2016. – No. 11.
3. Zakharov K. P. Bulletin “On network personality and features of its formation” // Bulletin of PSU Series No. 1. Psychological and pedagogical sciences.
4. Koroleva D. O. Study of everyday life of modern teenagers: presence in social networks as an integral part of communication [Electronic resource] // Modern foreign psychology. – 2016. – Vol. 5. – No. 2.
5. Muranova A. Seven phobias born of gadgets and the Internet // Russian Seven. [Electronic resource]. – Access mode: https://russian7.ru/post/7-fobij-rozhdennyx-gadzhetami-i-internetom.
6. Nechaev V. D., Durneva E. E. “Digital generation”: psychological and pedagogical study of the problem // Pedagogy. – 2016. – No. 1 (39).
PHILOSOPHY. LAW. SOCIETY
FAYZULLIN Fanil Saitovich
Ph.D. in philosophical sciences, professor, Academician of the Academy of Sciences of the Republic Bashkortostan, chief researcher, Institute for Social and Economic Researches, Ufa Federal Research Centre of the Russian Academy of Sciences
KOMISSAROV Sergey Nikolaevich
Ph.D. in philosophical sciences, professor, Head of the sector, Institute of Sociology of the Russian Academy of Sciences
GEZALOV Ariz Avazoglu
Ph.D. in philosophical sciences, leading researcher, Institute of Sociology of the Russian Academy of Sciences
ACTUALIZATION OF THE PROBLEMS OF THE DEVELOPMENT OF NATIONAL CULTURES OF RUSSIA IN THE CONTEXT OF GLOBALIZATION
The article is devoted to important questions about how Russia, being a multinational state, can maintain its unity and be competitive in the global community in the conditions of modern globalization. It is proved that the main goal of state policy in the new conditions of integration should be aimed at strengthening national unity by forming deep feelings of patriotism, respect and rapprochement between different ethnic groups. The need to confront the negative trends of modern globalization and the importance of preserving and developing the cultural diversity of the peoples of Russia and creating harmonious interethnic relations in the context of the transformation of public relations is emphasized.
Keywords: culture, globalization, state, national unity, interethnic relations, competitiveness.
Article bibliography
1. Lindsay S. Culture, mental models and national prosperity. Moscow: MSPI, 2019. 125 p.
2. Gezalov A. A. Sociocultural context of the transformation of Russian society // Social and humanitarian knowledge. 2023. No. 11. Pp. 105-110.
3. Karpushin O. I., Komissarov S. N. State policy in the sphere of culture in the mirror of sociology // Humanitarian of the South of Russia. 2018. Vol. 7, No. 5. 129-138.
4. Abdulatipov R. G. Cultural code of multinational Russia. Moscow, 2011. 437 p.
5. Zaripov A. Ya., Faizullin F. S. Peculiarities of ethnic consciousness of modern society. Saarbrücken: Lambert, 2016. 247 p.
6. Fayzullin F. S., Zaripov A. Ya. Ethnicity as a subject of social relations. Ufa: Gilem, 2013. 320 pp.
7. Likhachev D. S. Russian art. From antiquity to avant-garde. M.: Art (Leningrad branch), 2009. 451 p.
PHILOSOPHY. LAW. SOCIETY
SILYUTINA Alla Valerjevna
lecturer of Constitutional and international law sub-faculty, Institute of Law, North Caucasus Federal University, Stavropol
SOCIO-PHILOSOPHICAL ASPECT OF THE CORRELATION OF TRADITIONS AND INNOVATIONS IN THE SOCIAL DYNAMICS OF MODERN SOCIE-TY
The article examines the processes of traditionalization and innovative development, their sociocultural aspects and the philosophical approach to their consideration. The analysis is carried out on the basis of W. Ogborn’s theory of “cultural lag,” which shows the uneven development of different social spheres and the lag of adaptive culture from material culture. This une-venness is especially noticeable in modern society, in which there are too many innovations, and the ability of society to adapt to them is not enough to synchronize social development. As a result, a cultural value-normative gap accumulates, influencing public consciousness, giving rise to a variety of effects in the perception of innovative processes – from uncritical admiration for innovations to mythological negativity of any innovations. The problem of the relationship between traditions and innovations requires a balanced, comprehensive axiological approach to social reflection, the development of an attitude towards innovation and an acceptable measure of the introduction of innovations into social development.
Keywords: society, tradition, innovation, social dynamics, globalization, archaization.
Article bibliography
1. Baklanov I. S., Baklanova O. A., Semkina E. N. Processes of digitalization of life in modern society: challenges and social risks // Scientific Bulletin of the State Autonomous Educational Institution of Higher Education “Nevinnomyssk State Humanitarian and Technical Institute”. – 2024. – No. 2. – P. 16-19.
2. Baklanova O. A., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: socio-philosophical aspect // Bulletin of Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
3. Efremenko D. V. William Ogborn and the idea of \u200b\u200bcultural lag. On the Centenary of the Hypothesis // Philosophy of Science and Technology. – 2022. – Vol. 27, No. 2. – P. 58-71.
4. Ogborn W. F. From the book “Social Change”, Part IV. Social Discrepancies // Philosophy of Science and Technology. – 2022. – Vol. 27, No. 2. – P. 72-84.
5. Spitsina D. D., Baklanov I. S., Kadanina A. V. Ideological Foundations of the Formation of a Digital Society: Value and Temporal Orientations of Modern Youth as Generation Z // Eurasian Law Journal. – 2024. – No. 2 (189).
– P. 547-548.
6. Ustyantsev V. B., Orlov M. O., Ivanov A. V., et al. Risk society: management strategies and alternative styles of thinking. – Saratov: Saratov source, 2009. – 240 p.
BOOK REVIEW
BURYANOV Sergey Anatoljevich
Ph.D. in Law, associate professor, Scientific Director of the Global Law Forum
THE DIFFICULT PATH FROM THE LAW OF FORCE TO THE FORCE OF LAW AND FROM THE BALANCE OF POWER TO THE BALANCE OF INTERESTS. SEARCHING FOR THE FUTURE OF INTERNATIONAL LAW THROUGH UNDERSTANDING ITS PAST IN THE MONOGRAPH BY Ph.D. in LAW INSUR ZABIROVICH FARKHUTDINOV “EVOLUTION OF INTERNATIONAL LAW FROM WESTPHAL TO VERSAILLES (1648 – 1919)”. – Moscow: INFRA-M, 2024. – 446 p.
In the context of the globalization of international relations, the monograph by Insur Zabirovich Farkhutdinov is considered. Review of the scientific publication: Farkhutdinov I. Z. Evolution of international law – from Westphal to Versailles: monograph / I. Z. Farkhutdinov. – Moscow: INFRA-M, 2024. – 446 p. – (Scientific thought). – DOI 10.12737/2135819.
It is concluded that not only the stability of the international system and international security will depend on the evolution of international law, but also the possibility of resolving global negative consequences, as well as the very existence of human civilization.
Keywords: international relations, international law, evolution of international law, Westphalian-Vienna system, globalization, I. I. Lukashuk
Bibliographic list of articles
1. Buryanov M. S. The Importance of Law in the Context of Modern Global Processes // Actual Problems of Formation and Development of the Legal System of the Russian Federation // Collection of Materials of the II All-Russian Scientific and Practical Conference of Students, Masters and Postgraduates. – M. 2018. – P. 130-133.
2. Buryanov M. S. Digital Rights of the Child: Monograph. – Moscow: RUSAINS, 2023. – 294 p; Buryanov M. S. Digital Human Rights as a Response to the Threats of Globalization 4.0 // Globalistics-2020: Global Problems and the Future of Humanity. Collection of Articles of the International Scientific Congress. – M., 2020. – P. 395-398.
3. Buryanov S. A. International Recognition of the Right to Freedom of Conscience and Problems of Its Implementation in the Russian Federation in the Context of Modern Global Processes. – M. 2020. – 624 p.
4. Buryanov S. A., Buryanov M. S. The concept of evolutionary transition to human-oriented global governance // Century of globalization. – 2021. – No. 3. – pp. 86-100. DOI: 10.30884/vglob/2021.03.07.
5. Buryanov S. A., Buryanov M. S. Human rights as a key factor in achieving sustainable managed development // Century of globalization. – 2022. – No. 4 (44). – pp. 97-110. DOI: 10.30884/vglob/2022.04.07.
6. Lukashuk I. I. Globalization and Law // State and Law. – 2005. – № 12. – P. 112-115.
7. Lukashuk I. I. Globalization, State, Law, XXI Century. – Moscow: Spark, 2000. – 279 p.
8. Lukashuk I. I. International Law. General Part: Textbook for Students of Law Faculties and Universities. – 3rd Edition, Revised and Supplemented. – Moscow: Wolters Kluwer, 2005.
9. Lukashuk I. I. International Law. General Part: Textbook for Students of Law Faculties and Universities. – 3rd Edition, Revised and Supplemented. – M.: Wolters Kluwer, 2005.
10. International Law: Special Part: Textbook for Students of Law Faculties and Universities. Lukashuk I. I. – M.: Wolters Kluwer, 2005.
11. Rudinsky F. M. Civil Human Rights in Russia: Modern Problems of Theory and Practice. M. ZAO “TF “MIR”. Third Edition. Supplemented. – M., 2010. – 624 p.
12. Farkhutdinov I. Z. American Doctrine of a Preventive Military Strike (International Legal Aspects). – M. 2017. – 338 p.
13. Farkhutdinov I. Z. The American Doctrine of Preventive Strike from Monroe to Trump: International Legal Aspects. – M. 2018. – 419 p.
14. Farkhutdinov I. Z. The Versailles-Washington System – 20 Years of Peace. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. – No. 5 (144). – P. 36-43.
15. Farkhutdinov I. Z. War and Peace in the Context of International Law. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. – No. 2 (141). – P. 25-33.
16.Farkhutdinov I. Z. The Doctrine of the Westphalian Peace System: Myths and Realities // Eurasian Law Journal. – 2019. – No. 6 (133). – P. 21-31.
17. Farkhutdinov I. Z. The Israeli Doctrine of Preventive Self-Defense and International Law // Eurasian Law Journal. – 2016. – No. 8. – P. 15-32.
18. Farkhutdinov I. Z. The Iranian Doctrine of Preventive Self-Defense and International Law (end) // Eurasian Law Journal. – 2017. – No. 2. – P. 15-25.
19. Farkhutdinov I. Z. International or Global Law // International Lawyer. All-Russian Journal of International Law. – 2004. – № 4. – P. 15-23.
20. Farkhutdinov I. Z. International Law in the Context of Globalization // Law and Politics. – 2003. – № 8. – P. 141-149.
21. Farkhutdinov I. Z. International Law and the US Doctrine of Preventive Self-Defense // Eurasian Law Journal. – 2016. – № 2. – P. 23-31.
22. Farkhutdinov I. Z. International Law on the Use of Military Force by a State against Non-State Actors // Eurasian Law Journal. – 2016. – No. 7 (98). – P. 59-76.
23. Farkhutdinov I. Z. International Law on the Principle of Non-Use of Force or Threat of Force: History and Modernity // Eurasian Law Journal. – 2015. – No. 11 (90). – P. 34-38.
24. Farkhutdinov I. Z. International Law on Self-Defense of States // Eurasian Law Journal. – 2016. – No. 1. – P. 91-100.
25. Farkhutdinov I. Z. Post-Utrecht Europe – Endless Wars in the 18th Century. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of the Development of International Law (continued) // Eurasian Law Journal. – 2019. No. 12 (139). P. 22-33.
26. Farkhutdinov I. Z. The Collapse of the Vienna System of International Relations at the Turn of the XIX-XX Centuries. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. No. 3 (142). – P. 22-30.
27. Farkhutdinov I. Z. The Role of Revolutions in the Formation of International Law. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. No. 1 (140). – P. 15-21.
28. Farkhutdinov I. Z. The Treaty of Utrecht: The Beginning or the End of Westphalia? An Experience of Doctrinal Research on the Problems of Formation of a Modern Model of International Relations in the Context of the Development of International Law (continued) // Eurasian Law Journal. – 2019. – No. 10 (137). – P. 23-29.
29. Farkhutdinov I. The Hague Peace Conferences of 1899 and 1907. Who Started the First World War. An Experience of Doctrinal Research on the Problems of Formation of a Modern Model of International Relations in the Context of the Development of International Law // Eurasian Law Journal. – 2020. – No. 4 (143). – P. 29-36.
30. Farkhutdinov I. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. – Cambridge Scholars Publishing. 2020. – 533 p.
A. I. Krivenkiy:
Public international and private international law: correlation and interaction
Interview with Alexander Ivanovich Krivenkiy, Ph.D. in historical sciences, professor
INTERNATIONAL LAW
GIGINEYSHVILI Mariya Teymurazovna
Ph.D. in Law, lecturer International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
INTERNATIONAL TREATY COOPERATION IN COMBATING CYBER CRIME
The article is devoted to the analysis of types of treaty cooperation between states for the purpose of combating cybercrime. As part of the study, cybercrimes must be understood in a broad sense as crimes in the field of computer information. The author classifies treaties on several grounds: by subject, by territorial principle. The paper presents regional agreements and describes the universal Draft UN Convention on Combating the Use of Information and Communication Technologies for Criminal Purposes.
Keywords: information and communication technologies, cybercrime, criminalization, combating crimes in the field of computer information.
Bibliographic list of articles
1. Cerezo, Ana & Lopez, Javier & Patel, Ahmed. (2007). International Cooperation to Fight Transnational Cybercrime. Proceedings – 2nd International Annual Workshop on Digital Forensics and Incident Analysis, WDFIA, 2007. – Р. 13-27. 10.1109/WDFIA.2007.
2. P. Arnell. Prosecution of Cybercrime – Why Transnational and Extraterritorial Jurisdiction Should be Resisted // International Review of Law, Computers and Technology. – 2023. – Vol. 37. Issue 1. – P. 29-51.
3. Buz S. I. Cybercrime: Concepts, Essence and General Characteristics // Jurist-Pravoved. – 2019. – No. 4 (91). – P. 78-82.
4. International Telecommunication Union (ITU). (2012). Understanding cybercrime: Phenomena, challenges and legal response. – Pp. 266-280.
5. Makaryan D. V. Information and communication technologies as a factor in international relations: political and legal aspects. Diss. … Cand. political sciences. – M., 2008. – P. 142. @@ Kucherkov I. A. On the concept of “cybercrime” in legislation and scientific doctrine // Legal science. – 2019. – No. 10. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-ponyatii-kiberprestuplenie-v-zakonodatelstve-i-nauchnoy-doktrine (date of access: 31.08.2024).
6. Puchkov D. V. Criminal-legal model of protection of telecommunications from criminal attacks: problems of theory and practice. Abstract of dis. … Doctor of Law. – Ekaterinburg, 2022. – P. 12.
INTERNATIONAL LAW
NABIULLIN Bulat Yurjevich
postgraduate student of the Kazan (Privolzhie) Federal University
WORLD EXPERIENCE IN THE USE OF RESEARCH AND ANALYTICAL CENTERS IN THE FIELD OF INTELLECTUAL PROPERTY AND ITS APPLICATION ON THE TERRITORY OF THE EAEU
The article considers the issues of ensuring effective legal support for the development of the sphere of protection and protection of intellectual property in the EAEU. The work contains a deep analysis of various aspects of interaction between the scientific community and the EAEU states in the field of protection and protection of intellectual property. Various types of research and analytical centers, their functionality and interaction with states are given. It is emphasized that in the light of the development and successful practice of applying research and analytical centers in the world in order to develop the field of intellectual property, a similar practice can be introduced at the level of the EAEU. Trends in the application of existing networks of higher educational institutions of the EAEU in the analytical activities of the Union are shown. Options for the development of the use of higher educational institutions of the EAEU in order to develop measures to ensure the protection and protection of intellectual property are described. The work proposes to concentrate on two types of research and analytical centers in the EAEU – an external consulting “hub” and a consulting body under the EAEU bodies. Characteristics and operation options of each type are given.
Keywords: intellectual property, parallel importing, EAEU.
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INTERNATIONAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 4th year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
MAKHONIN Danila Dmitrievich
student of the 4th year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
USACHEV Alexander Sergeevich
student of the 1st year of the master’s degree in the field of training M6124-40.04.01 usdop “Legal support of the activities of public authorities and representation in court” of the Law School of the Far Eastern Federal University, Vladivostok
PROTECTION OF WOMEN’S RIGHTS IN INTERNATIONALLAW: NORMATIVE REGULATION
The article analyzes the institutional and legal mechanisms for the protection of women’s rights under international law. Examining the historical development of women’s rights from the first feminist movements to modern international agreements such as the Convention on the Political Rights of Women, the Convention on the Elimination of All Forms of Discrimination against Women, etc. The article analyzes the existing problems and challenges faced by women today, including domestic violence, discrimination in the labor sphere and limited access to education and health care. The article analyzes the existing problems and challenges faced by women today, including domestic violence, discrimination in the workplace and limited access to education and health care. It concludes by emphasizing the need for a comprehensive approach to the protection of women’s rights, including strengthening law enforcement mechanisms, maintaining public awareness and involving women in decision-making. The study aims to broaden understanding of the importance of protecting women’s rights as an integral part of human rights and the sustainable development of societies in a global context.
Keywords: protection of women’s rights, gender equality, discrimination, domestic violence, human rights, international conventions.
Article bibliography
1. Convention on the Political Rights of Women (adopted by resolution 640 (VII) of the General Assembly of 20 December 1952). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/women_politrights.shtml (date of access: 02.09.2024).
2. Convention on Consent to Marriage, Minimum Age for Marriage and registration of marriages (opened for signature and ratification by General Assembly resolution 1763 A (XVII) of 7 November 1962). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/ conmarr.shtml (date accessed: 02.09.2024).
3. Convention on the Elimination of All Forms of Discrimination against Women (adopted by General Assembly resolution 34/180 of 18 December 1979). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/cedaw.shtml (date of access: 02.09.2024).
4. Federal Law “On Ratification of the Optional Protocol to the Convention on the Elimination of all forms of discrimination against women” of 19.06.2004 N 52-FZ;
5. Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará). [Electronic resource]. – Access mode: http://www.oas.org/en/mesecvi/docs/BelemDoPara-ENGLISH.pdf (date of access: 02.09.2024).
6. World Health Organization: article “Violence against women” from 03/09/2021. [Electronic resource]. – Access mode: https://www.who.int/ru/news-room/fact-sheets/detail/violence-against-women (date of access: 02.09.2024).
7. World Health Organization: article “COVID-19 and violence against women” from 04/07/2020. [Electronic resource]. – Access mode: https://iris.who.int/bitstream/handle/10665/331699/WHO-SRH-20.04-rus. pdf?ua=1 (date accessed: 02.09.2024).
8. Rbc.ru: article “Kazakhstan adopted a law on criminalization of domestic violence” dated 11.04.2024. [Electronic resource]. – Access mode: https://www.rbc.ru/society/11/04/2024/661811889a7947b9e4545dcf (date of access: 02.09.2024).
9. Office of the High Commissioner for Human Rights in cooperation with the International Bar Association. The most important regional documents on human rights and mechanisms for their implementation // Human Rights in the Administration of Justice: A Handbook on Human Rights for Judges, Prosecutors and Lawyers. 2003. P. 90-138.
10. Ibragimov A. M., Khadisova R. . G. International protection of women’s rights at the present stage // Civil service and personnel. 2019. No. 1. P. 41-43.
INTERNATIONAL LAW
GRUSHIN Yuriy Olegovich
postgraduate student of the 2nd course of Integration and European sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PRELIMINARY ANALYSIS OF THE EUROPEAN DIGITAL INFRASTRUCTURE CONSORTIA (EDIC)
This study provides a preliminary analysis of the European Digital Infrastructure Consortia (EDIC) mechanism, introduced into European Union law in 2022. EDIC is a legal entity for bringing together public and private partners to implement innovative digital technologies. Currently, three EDICs have been established: in the areas of linguistics, “smart city” and blockchain; they appear to be still in their infancy. Further observation of EDIC activities is required, as the European experience can be adapted for the purposes of interstate associations, in which Russia is a member.
Keywords: digital consortium, EDIC, EuropeanUnion, digitalization.
Article bibliography
1. Ignatov A. A. Digital economy in BRICS: prospects for multilateral cooperation // Bulletin of international organizations. – 2020. – Vol. 15. No. 1. – Pp. 31-62 (in Russian and English).
2. Myasnikovich M. V., Kovalev V. S. New pages of integration in the Eurasian Economic Union // Russia in global politics. – 2023. – T. 21. No. 2. – P. 207-218.
INTERNATIONAL LAW
EVDOKIMOVA Anastasiya Alexandrovna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE IMPACT OF UNILATERAL COERCIVE MEASURES ON THE IMPLEMENTATION OF INTERNATIONAL LEGAL OBLIGATIONS TO PROTECT HUMAN RIGHTS
The article focuses on the problems concerning the consequences of the application of unilateral coercive measures in the context of the implementation of international legal obligations of States to ensure respect for and protection of human rights and freedoms. Considerable attention has been paid to the study of the practice of international organizations and bodies in the field under consideration; the analysis of international legal acts and doctrines in this sphere; approaches are being established and proposed to resolve the identified problems.
Keywords: unilateral coercive measures, international protection of human rights, the principle of protection of human rights and freedoms, responsibility, peremptory norms, international law.
Article bibliography
1. Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Idriss Jazairy, of 26 July 2017. A/HRC/36/44. [Electronic resource]. – Access mode: https://documents.un.org/doc/undoc/gen/g17/224/30/pdf/g1722430.pdf?token=DxhTz12UmcBDSyQHhd&fe=true.
2. Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights “The negative impact of unilateral coercive measures on the enjoyment of human rights” of 17 July 2018. A/73/175. [Electronic resource]. – Access mode: https://documents.un.org/doc/undoc/gen/n18/227/38/pdf/n1822738.pdf?token=pEV7JibeeUlHfKCrbm&fe=true.
3. Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights “Targets of unilateral coercive measures: concept, categories and vulnerable groups” of 13 September 2021. A/76/174/Rev.1. [Electronic resource]. – Access mode: https://documents.un.org/doc/undoc/gen/n21/245/78/pdf/n2124578.pdf?token=r3ge4zTx9VBWKwO2kq&fe=true.
4. Abashidze A.Kh. The negative impact of unilateral coercive measures on human rights, development, cooperation, international relations // Bulletin of RUDN. Series: Legal Sciences. – 2015. – No. 1. – P. 64-69.
INTERNATIONAL LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technologies
INTERNATIONAL LEGAL PROTECTION OF THE MARINE ENVIRONMENT AND BIOLOGICAL WATER RESOURCES FROM POLLUTION
The article reviews international legal foundations, institutions and mechanisms for the implementation of measures to bring those responsible for pollution of the marine environment and causing other harm to aquatic biological resources to international legal responsibility. As a result of a comprehensive study of the international legal framework in this area, the authors conclude that there is a lack of systematic legal regulation of the procedure for assessing the admissibility of claims for recognizing harm as necessary for compensation and criteria for assessing harm caused to the marine environment. In the course of the research, the authors came to the conclusion that today the aspects of international legal protection of the marine environment and biological water resources from pollution of various kinds are quite incomplete and are mostly settled only formally, while when deciding on the actual involvement of those responsible for causing harm to the marine environment, the international community and the affected parties are faced with the problem of the actual implementation of international law in practice.
Keywords: environmental offense, international legal liability, marine environment, aquatic biological resources, oil pollution, international legal protection, economic activity.
Article bibliography
1. Landrigan P. J., Stegeman J., Fleming L., Allemand D., Anderson D., Backer L. et al. (2020) Human health and ocean pollution // Annals of Global Health. – 2020. – No. 86. – Pp. 1-64.
2. Yakimov A. V. Marine pollution by ship waste during pollock fishing // National (All-Russian) scientific and practical conference “Natural resources, their current state, protection, commercial and technical use”, (XIII). – 2022. – P. 213-216.
3. Vereina L. V. Regime of international legal liability for pollution of the marine environment from ships // Moscow Journal of International Law. – 2022. – No. 4. – P. 68-76.
4. Responsibility in international law. – 2nd ed., reprinted – Moscow: Statut, 2014. – 224 p.
INTERNATIONAL LAW
PARAMUZOVA Olga Gennadjevna
Ph.D. in Law, Associate Professor, Associate Professor of International and humanitarian law sub-faculty of the Northwestern Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
BOVA Evelina Igorevna
student of the Faculty of Law of the Northwestern Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
POLITICAL AND LEGAL DISCOURSE ON THE INEFFECTIVENESS OF THE INTERNATIONAL LEGAL MECHANISM FOR THE PROTECTION OF CULTURAL PROPERTY
This article is devoted to the study of political and legal problems of protection of cultural values both in armed conflicts and in peacetime. By analyzing the existing sources in this area of legal regulation, the fact of insufficiently high efficiency of the international legal mechanism for the protection of cultural values in the current geopolitical reality is determined. Based on the conducted research, the authors conclude that the aggravation of international political problems creates the need to modernize the source base and carry out new codification work in relation to objects of universal cultural heritage in general.
Keywords: cultural values, common heritage of mankind, cultural heritage, armed conflicts, protection of cultural property in peacetime, mechanism of international legal regulation, orderliness of international relations.
Article bibliographic list
1. Challenges in the Protection of Immovable Tangible Cultural Heritage in Kosovo // OSCE. 2014. 10. Distinctive Marking of Cultural Property Rules and Practices // UNESCO / Blue Shield International. 2021.
2. Anisimov I. O., Gulyaeva E. E., Dadashov M. N. O. Formation and development of international legal protection of cultural values // Bulletin of international scientists. – 2022. – No. 1 (19). – P. 142-158.
3. Shamanaev AV Loss of cultural monuments during the Crimean War // Bulletin of the Ural Federal University. Series 2. Humanities. – 2013. – Vol. 15. No. 3 (17). – P. 265-273. [Electronic resource]. – Access mode: https://journals.urfu.ru/index.php/Izvestia2/article/view/1591 (date of access: 14.03.2024).
4. Lipnikov AS International legal regulation of the protection of cultural property during an armed conflict // Moscow Journal of International Law. – 1999. – No. 2. – P. 291-300. [Electronic resource]. – Access mode: https://www.mjil.ru/jour/article/view/1660/1560 (date of access: 14.03.2024).
5. Dutli M. T. Legal norms in the field of protection of cultural values in the event of an armed conflict // 75 years of the Roerich Pact. – 2010. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru. 5.; Rybak K.E. Neutrality of cultural values and cultural institutions (the Roerich Pact: history and destinies) // Journal of the Heritage Institute. – 2017. – No. 2. [Electronic resource]. – Access mode: http://manage.nasledie-journal.ru.
6. Kozyakova L. D. Analysis of the Convention concerning the Protection of the World Cultural and Natural Heritage // Consolidation of intellectual resources as a foundation for the development of modern science: collection of articles of the IV International scientific and practical conference, Petrozavodsk, May 06, 2021. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya Irina Igorevna), 2021. – P. 12-15. – EDN WUDGOM @@ Beselman I. V. UNESCO Convention of 17.10.2003 – a fundamental international legal document for the protection of intangible cultural heritage // Ocean management. – 2023. – No. 1 (19).
7. Protection of Cultural Property Military Manual // UNESCO. – 2016
8. Yastrebova A. Yu. Certain approaches to the system of special principles of international humanitarian law: content and evolutioniya // Moscow Journal of International Law. – 2022. – No. 3. – P. 6-12.
9. Puzyreva Yu. V. International legal protection of cultural property in peacetime and wartime. – NIC INFRA-M, 2024.
INTERNATIONAL LAW
LIU Yuan
Ph.D. of the Faculty of International Relations, Political Issues of International Relations of Global and Regional Development of the Belarusian State University
“SOFT POWER” OF THE PRC IN NORTH AFRICA: COOPERATION IN THE SPHERES OF EDUCATION AND CULTURE
This study explores the strategic application of China’s “soft power” in North African nations, particularly focusing on the sectors of education and culture. The research delves into the various initiatives undertaken by the People’s Republic of China (PRC), including the establishment of Confucius Institutes, the provision of educational scholarships, and the promotion of cultural exchanges aimed at enhancing mutual understanding and collaboration. It analyzes how these endeavors fit within the broader framework of China’s global diplomacy and regional influence aspirations. Additionally, the effectiveness of these initiatives in strengthening China’s geopolitical stance in North Africa is critically assessed, with particular attention to the adaptability of Chinese cultural offerings to the diverse socio-political landscape of the region. This paper aims to provide a nuanced understanding of the impact of educational and cultural engagement as pivotal elements of China’s “soft power” strategy in North Africa.
Keywords: North Africa, China’s “soft power”, educational diplomacy, Confucius Institutes, cultural exchange, geopolitical influence, China-Africa relations.
Article bibliography
1. Nye Joseph S. Soft power: a way to achieve success in world politics // Public Affairs. – 2004. – P. 31, 8.
2. Kenneth K. China’s aid and ‘soft power’ in Africa: the case of education and training // James Currey. – 2013. – P. 50, 110.
3. Deitch T. L. China’s “soft power” in Africa: cooperation in the spheres of education and culture // Vestn. Mosk. state lingv. univ. Series of general sciences. – 2017. – No. 4 (788). – P. 44-56.
4. Deitch T. L. China in Africa: “neocolonialism” or “win-win” strategy? // Contours of global transformations: politics, economics, law. – 2018. – V. 11. – No. 5. – P. 119-141.
5. Forum on China-Africa Cooperation Dakar Action Plan (2022-2024). [Electronic resource]. – Access mode: http://www.focac.org/eng/zywx_1/zywj/202201/t20220124_10632444.html.
INTERNATIONAL LAW
MONAKHOV German Dmitrievich
magister student of the 1st course of the Oriental Institute School of Regional and International Studies of the Far Eastern Federal University, Vladivostok
USHAKOV Roman Radionovich
student of the 1st course of the Law School of the Far Eastern Federal University, Vladivostok
CHINA’S NORMATIVE POWER IN PROMOTING ITS UNDERSTANDING OF HUMAN RIGHTS
In this article, the authors touched upon the problem of China’s promotion of its own understanding of human rights. The origins of the Chinese concept of human rights can be found in ancient Confucian ideas and ideas about China as a “Celestial Empire” and a “Middle State”. The authors determined that the Chinese concept of human rights does not run counter to international law, but defines other accents in the priorities between individual and collective human rights in favor of the latter, which differs from the liberal approach to human rights. The authors also analyzed how China promotes its understanding of human rights. An important role in this direction of Chinese foreign policy is played by normative force, which can be defined as the ability of a state to convince other states to adopt certain standards of behavior, including in the form of legal norms. China’s main strategy in promoting its norms in the countries of the Global South is the socialization of political elites, which can be defined as the process by which principled ideas held by individuals become norms in the sense of a collective understanding of proper behavior.
Keywords: normative force, human rights, socialization of elites, transnational legal process, Chinese concept of human rights, human rights in Africa, collective human rights, changing the international order.
Article bibliography
1. Kozinets A. I. Unconventional approaches to the theory of international relations: comparative experience of Chinese and Indian experience: dis. … cand. political sciences: 23.00.04. – Vladivostok. – 2018. – P. 27.
2. Nechay A. A. The Role of China’s “Five Principles of Peaceful Coexistence” in Establishing a Multipolar World Order // EurasianRussian integration: economics, law, politics. – 2023. – P. 139-146.
3. Diversity of Civilization and Development of the World Human Rights Cause. Summary of “2019 South-South Human Rights Forum”. July 1, 2020. – [Electronic resource]. – Access mode: https://perma.cc/4AC8-HTHG.
4. French H. W. China’s second continent. How a million migrants are building a new empire in Africa // Alfred A. Knopf. – 2014.
5. Ginsburg T. Authoritarian International Law // The American Society of International Law. – 2020. – P. 221-260.
6. Guyuan C. China’s traditional worldview made it difficult for the Chinese to comprehend the multi-state system of the Western world // International Law in the Spring and Autumn Period. – 1937. – P. 196-219.
7. Hamilton D. S. The United States: A normative power? Who is a normative foreign policy actor? The European Union and its global partners // Center for European Policy Studies. – 2008. – P. 76-155.
8. Kavalski E. Normative power Europe and normative power China compared: Towards a relational knowledge-production in international relations // Korean Political Science Review. – 2017. – No. 51 (6). – pp. 147-170.
9. Koh K. The 1994 Roscoe Pound Lecture: Transnational Legal Process // Nevraska Law Review. – 1996. – Vol. 75. Iss. 1. – pp. 181-207.
10. Krasner S. Structural Causes and Regime Consequences: Regimes as Intervening Variables // International Organization: MIT Press. – Vol. 36. – No. 2. – P. 185-205.
11. Manners I. Normative power Europe: A contradiction in terms? Journal of Common Market Studies. – 2001. – No. 40 (2). – pp. 235-258.
12. Mueller S. Konzeptionen der Menschenrechte im China des 20 Jahrhunderts // Mitteilungen des Instituts für Asienkunde. – 1997. – P. 274.
13. Ngang C. Radical transformation and a reading of the right to development in the South African constitutional order // South African Journal on Human Rights. – 2019. – Vol. 35. – Iss. 1.
14. Taylor I. The Forum on China-Africa Cooperation (FOCAC) // Routledge. – 2011. – P. 138.
15. Tiwald J. Confucianism and human rights. T. Cushman // Handbook of Human Rights. Routledge. – 2011.
16. Tsvyk A. V., Tsvyk G. I. China’s human rights concept and its international promotion // RUDN Journal of Sociology. – 2019. – Vol. No. 1. – pp. 20-30.
17. Tudoroiu T. Normative Power China, Subnational Agency, and Structural Factors in the Global South. China in the Global South, Springer. – 2022. – P. 259-286.
18. Weatherley R. The Discourse of Human Rights in China: Historical and Ideological Perspectives. – New York: St. Martin’s Press. – 1999.
19. Weiming T. Confucianism and Human Rights. – New York: Columbia University Press. – 1998.
INTERNATIONAL LAW
SECHIN Daniil Sergeevich
postgraduate student of the St. Petersburg State University
THE CRISIS OF THE IDEA OF EQUALITY IN MODERN INTERNATIONAL LAW
The article analyzes the current state of the principle of equality in international law. The equality of states is a fundamental principle of international law, which is integrated into its structure and is specific to the relationship between states. This principle is reflected in the UN Charter and other documents, including the 1970 Declaration on Principles of International Law. Based on a critical approach to law, the concept of sovereignty underlying the concept of sovereign equality is examined. The practice of applying the concept of sovereign equality in legal discourse is explored. The principle of equality is isolated for its autonomous study without reference to other principles. The analysis of the positivist perception of the principle of equality leads to the conclusion that it is tautological and lacks an independent moral content. The insubstantiality of this idea, manifested in the absence of criteria for determining which subjects are equal and how they should interact, leads to the consolidation and legitimization of discriminatory practices. This problem is illustrated by the example of various international organizations where states exercise their sovereignty.
Keywords: sovereign equality, principle of equality, principle of international law, critical analysis of law, theory of international law.
Bibliographic list of articles
1. Crawford J. Chance, order, change: the course of international law, general course on public international law. – Brill, 2014. – Vol. 21.
2. Judgment of the Court (Grand Chamber), 18 July 2013. European Commission and Others v Yassin Abdullah Kadi.
3. Koskenniemi M., Kari V. Sovereign equality // The UN Friendly Relations Declaration at 50: An Assessment of the Fundamental Principles of International Law. – Cambridge University Press, 2020. – pp. 166-188.
4. Lucy W. Equality under and before the law // University of Toronto La.w Journal. – 2011. – Vol. 61. No. 3. – Rr. 411-465.
5. Island of Palmas case (Netherlands, USA), 4 April 1928. Report of international arbitral awards. – Vol. II. – Рp. 829-871.
6. Nijman J. E., Werner W. (ed.). Netherlands Yearbook of International Law 2012: Legal Equality and the International Rule of Law-Essays in Honor of PH Kooijmans. Springer Science & Business Media. – 2013. – 266 p.
7. Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom), Preliminary Objections, Judgment, I.C.J. Reports, 1998. – Р. 9.
8. Westen P. The empty idea of equality // Harvard Law Review. – 1982. – pp. 537-596.
9. Glazunova E. N. Theoretical aspects of promoting international development: modern discourse // Bulletin of Moscow University. Series 25. International Relations and World Politics. – 2014. – No. 2. – P. 3-33.
10. Agamben D. Profanations. – M.: Gilea, 2014. – 112 p.
11. Degterev D. A. Assistance to international development: Evolution of international legal regimes and the effectiveness of foreign aid. – M.: URSS, 2016. – 320 p.
12. Tolstykh V. L. Crisis of International Law: Diagnosis // Law. – 2022. – No. 12. – P. 122-133.
13. Fukuyama F. The End of History and the Last Man. – M.: AST , 2015. – 576 p.
INTERNATIONAL LAW
SOFJINA Olesya Alexandrovna
postgraduate student of the St. Petersburg State Maritime Technical University
INTERNATIONAL PUBLIC LEGAL ASPECTS OF REGULATING MARITIME AND ENVIRONMENTAL SAFETY OF MARITIME TRANSPORT BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION UNDER SANCTIONS
The article is devoted to the consideration of the legal application of the sanctions policy regarding maritime transport between the Russian Federation and the Member States of the European Union, which has a significant impact on the economy of both parties. Due to the introduction of sanctions against Russia, many European countries have limited or completely stopped trade with Russian companies. In the article, the author examines the legal aspects of the application of unilateral sanctions and makes proposals that can be considered effective steps to circumvent the sanctions policy and ensure unimpeded maritime trade between Russia and the countries of the European Union. However, for the successful implementation of these proposals, it is necessary to take into account the opinions and interests of all stakeholders.
Keywords: international law, public law, international sanctions, liquefied natural gas, national security, transit maritime transport, ship insurance, shadow fleet.
Article bibliography
1. Gevorgyan K. G. “Unilateral sanctions” and international law. Conclusion of the International Legal Council under the Russian Foreign Ministry // International Life. – 2012. – No. 8. – P. 93-104.
2. The fight against terrorism, sanctions and war. Unilateral coercive measures, IHL and Impartial Humanitarian Action: Interview with Elena Dovgan. – Moscow: International Review of the Red Cross (2021). – No. 916-917. – P. 27-58.
3. Keshner M. V. Economic sanctions in modern international law: monograph. – M.: Prospect, 2015. – P. 181.
4. Romashev Yu. S. Current international legal issues in combating piracy and armed robbery at sea. International maritime law. Articles in memory of A. L. Kolodkin. – M.: Statut, 2014. – P. 312-331.
5 . Starzhenetsky V.V., Butyrina V.A., Kuritsyna K.S. Russian anti-sanction regulation: current state and ways of improvement // Law. – 2021. – No. 3. – P. 119-142
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
RECOGNITION OF AN INTERNATIONAL TREATY AS INVALID AND ITS LEGAL CONSEQUENCES
“International treaties have legal force in accordance with the Vienna Convention of 1969 and the Vienna Convention of 1986.” According to international law, a contract can be valid and binding only if both parties agree to it and the law applies to it. International treaty law occupies an important place in the field of public international law.” International treaties are agreements between States and other entities that follow the norms of international law.
The main goal is to understand and establish the legal nature of the invalidation of contracts. The problems under consideration. One of the most intriguing and difficult topics in this area is whether contracts are legally binding or not. This scientific paper discusses the problems related to the non-enforceability of international agreements. Conclusions. The 1969 Vienna Convention on the Law of Treaties and the 1986 Vienna Convention provide for the principle of presumption of validity of international treaties. This principle assumes that the agreement of the parties participating in an international treaty can be justified solely on the basis of the norms of international law. In accordance with this principle, an international legal act with appropriate formal features is recognized as valid and capable of generating legal consequences in the form of the emergence, modification or termination of the rights and obligations of the participants.
Keywords: international treaty, invalidity, grounds for invalidity, international law, relative invalidity, absolute invalidity.
Bibliographic list of articles
1. ICR. Reports 1959. P. 209 et seq.
2. Martens de. C. Sec. 50. Fiore P. International Law Codified, N.Y., 1918. P. 333.
3. Sandorski J. Op. cit. 1978. P. 132.
4. U.N. Conference on the Law of Treaties. First session .1968. R. 267.
5. Litvinov M. P. Foreign policy of the USSR. M., 1937. P. 35.
6. Litvinov M. P. Foreign policy of the Soviet Union during the Patriotic War. M ., 1946. Vol. II. P. 59.
7. Talalaev A. N. Law of international treaties. Treaties with the participation of international organizations. M., 1989. P. 162.
8. Talalaev A. N. . Law of international treaties. General issues. M., 1980. P. 234.
9. Talalaev A.N. Problems of International Law. M., 1961. P. 116.
10. Hyde C. International Law. M., 1952. T. 4. P. 223.
INTERNATIONAL PRIVATE LAW
BASHILOV Boris Igorevich
Ph.D. in Law, associate professor 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
OLEYNIK Anton Denisovich
magister student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SEPARATE PRINCIPLES OF THE PROCEDURE OF CROSS-BORDER BANKRUPTCY IN THE COUNTRIES OF THE AFRICAN REGION IN THE CONTEXT OF DIGITALIZATION OF LEGAL PROCEEDINGS
Digitalization of Africa has become one of the most important conditions for the eco-nomic development of the region. Modern conditions require states to be open in economic cooperation. Due to economic growth, it is necessary to establish an effective and understandable system for protecting the interests of economic entities. Such a system can be established when establishing the fundamental principles of procedures for protecting interests, including in the case of bankruptcy of economic entities.
In the article, the authors consider the institution of cross-border bankruptcy in conditions of digitalization of the African region, and also propose a declaration of principles for digitalization of cross-border bankruptcy on the basis of theoretical developments.
Keywords: digitalization, countries in the African region, Africa , digital justice, artificial intelligence, judicial proceedings.
Article bibliography
1. Degterev D. A. Ohada – organization for the harmonization of commercial law in Africa // Moscow Journal of International Law. 2005. No. 1. P. 95-106.
2. Kryukov I. S. Improving the Arbitration System in African Countries // Asia and Africa Today. 2019. No. 2. P. 44-48.
3. Vorobyova E. F. Concept, principles and criteria of cross-border bankruptcy // Alley of Science. 2021. No. 11 (62). Volume 1. P. 979-986.
4. Degtyarev D. A. Ohada – an organization for the harmonization of commercial law in Africa // Moscow Journal of International Law. 2005. No. 1. P. 95-106.
5. Adzelu K. A. Cross-border insolvency in OHADA member countries // International law and international organizations. 2012. No. 3. P. 67-70.
6. Palyanova E. V. Transparency in civil proceedings. Correlation of the concepts of transparency, publicity, openness // Magistracy Bulletin. 2014. No. 2 (29).
7. Dudin M. N., Frolova E. E., Artemieva J. A., Rusakova E. P., Gugunskiy D. A. New format of interrelation between the countries of Africa and Russia: problems and perspectives of relations development // Man in India. 2016. Vol. 96. No. 10. P. 3493-3501.
8. Frolova E. E., Zankovsky S. S., Dudin M. N., Zinkovsky S. B., Kirsanov A. N. Studying concepts of the breakthrough economic reforms in selected developed and de-veloping countries and regions of the world: economic and legal aspect // Journal of Advanced Research in Law and Economics. 2018. Vol. 9. No. 4 (34). P. 1236-1242.
INTERNATIONAL PRIVATE LAW
NEKRASOV Ilya Alexandrovich
student of the 4th course of the North-Western branch of the Russian State University of Justice, St. Petersburg
UNIFICATION OF MANDATORY RULES IN PRIVATE INTERNATIONAL LAW
The purpose of the research is to identify the prospects for the unification of mandatory rules in private international law. The research was conducted using formal-logical and problem-theoretical methods, as well as the method of comparative legal analysis. The research revealed that the unification of mandatory rules will eliminate legal uncertainty when including transnational contracts, ensure uniformity of judicial practice and prevent arbitrary interpretation of most norms as mandatory rules. Based on the analysis of the legislation of Russia, China, France, Norway and Germany, it is concluded that there are similarities in approaches to determining the range of mandatory rules and the possibility and expediency of unification is established.
Keywords: mandatory rules, norms of direct application, the legal system of France, the legal system of Norway, the legal system of Germany, the legal system of China, unification.
Article bibliography:
1. Asoskov A. V. Conflict regulation of contractual obligations. – M.: Infotropic Media, 2017. – 640 p.
2. Alimova Ya. O., Viktorova N. N., Dmitrieva G. K. Unification and harmonization in international private law. Theoretical and practical issues. – M.: Norma, 2016. – 208 p.
3. Bogatina Yu. G. The public order clause in private international law: theoretical problems and modern practice. – M.: Statut, 2010. – P. 18.
4. Boguslavsky M. M. Modern international private law in Russia and the European Union. – M.: Norma, 2013. – P. 182
5. Varey-Sommier Pascal P. de, Getman-Pavlova I. V . International and domestic public order in the recognition and enforcement of foreign arbitration awards (law enforcement experience of France and Russia) // Law. Journal of the Higher School of Economics. — 2014. — No. 1. — P. 140-168.
6. Vaskevich V. P. Some issues of law enforcement in disputes related to the implementation of professional activities of an athlete // Bulletin of Civil Procedure. – 2022. – No. 3. – P. 52.
7. Vlasova N. V. Directive on independent commercial agents in the practice of the Court of Justice of the European Union // Journal of Russian Law. – 2015. – No. 3. – P. 131-141.
8. Danilova A. A. Norms of direct application in international private law: dis. … candidate of legal sciences. – M., 2006. – 202 p.
9. Zhiltsov A. N. Applicable law in international commercial arbitration (mandatory norms ): dis. … candidate of legal sciences. – M., 1998. – 250 p.
10. Zasemkova O. F. Super-mandatory norms of international private law: concept, features, practice: dis. … candidate of legal sciences. – M., 2017. – 250 p. .
11. Zasemkova O. F. On the issue of the concept and characteristics of super-mandatory norms of international private law // Problems of Economics and Legal Practice. – 2016. – No. 4. – P. 86-91.
12. Zasemkova O. F. On the issue of the application of super-mandatory norms of international private law by courts // Actual problems of Russian law. – 2014. – No. 10. – P. 2341-2345.
13. Zasemkova O. F. On the influence of excess norms on the validity and enforceability of arbitration and prorogation agreements // Gaps in Russian legislation. – 2016. – No. 7. – P. 103-106.
14. Kanashevsky V. A. International transactions: legal regulation. – M.: International Relations, 2019. – 704 p.
15. Krokhalev S. V. Category of public order in international civil procedure: Abstract of Cand. Sci. (Law) Diss. – Ekb., 2005. – 32 p.
16. Krutiy E. A. Modern codifications of international private law: Cand. Sci. (Law) Diss.– M., 2012. – 236 p.
17. Kudryavtseva E. V., Kurochkin S. A. Violation of public order as a basis for refusal to recognize and enforce arbitration decisions in the EAEU countries // Bulletin of Civil Procedure. – 2023. – No. 5. – P. 225-246.
18. Litarenko N. V. Norms on reduction (clarification) of penalties as super-mandatory norms in international commercial turnover // Actual problems of Russian law. – 2017. – No. 11 . – P. 130-139.
19. Tolstykh V. L. International private law: conflict of laws regulation. – SPb: Press, 2004. – 526 p.
20. Shestakova M. P. On the law applicable in resolving foreign economic disputes. Current issues // International public and private law. – 2023. – No. 3. – P . 15-21.
21. Shulakov A. A. Public order in international private law and problems of interpretation and application of super-mandatory and mandatory norms // Lex Russica. – 2018. – No. 4. – P. 81-97.
22. Fawcett J. J. Evasion of Law and Mandatory Rules in Private International Law // Cambridge Law Journal. – 1990. – Vol. 49. Iss. 1. – P. 44-62.
23. Merkel C., Szabados T. The Application of Overriding Mandatory Rules in Hungarian Private International Law // ELTE Law Journal. –2020. – Iss. 1. – P. 113-124.
24. Moss G.C. Recent Private International Law Codifications: National Report for Norway. [Electronic resource]. – Access mode: https://clck.ru/3Crjux / (date of access: 08/11/2024).
25. Nord N. Ordre Public et Lois de Police. Diss. – Strasbourg, 2003. – P. 28.
26. Mithcell J. To Override, and When; A Comparative Evaluation of the Doctrine of Mandatory Rules in South African Private International Law // South African Law Journal. – 2013. – Vol. 130. Iss. 4. – P. 757-777.
INTERNATIONAL PRIVATE LAW
ZARUBINA Elvira Anatoljevna
postgraduate student of International private law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
DIGITAL PLATFORMS OF DISPUTE RESOLUTION FOR CONSUMER CONTRACTS
Goal of research: purposing and explaining an online mechanism foreign dispute resolution for consumer contracts on the regional level international organizations
Methods used of research: system analysis, the comparative legal method and legal modeling
Results of research: as far of consideration of foreign disputes with consumer in courts have a procedurals (terms of consideration of disputes, recognition and enforcement of foreign judgment) and economics (needed have legal consultation and participation in foreign judicial process) subsequences for consumers. Author of this study consider is necessary of using online platform creates of states in international organizations based on international agreement. Application this alternative means of dispute resolution with states controls for mediators to promotes effectiveness, fairness and fastest resolving of disputes in cyberspaces.
Keywords: consumer, online traders, administrative person, online dispute resolution platform, cyberspace, CIS, EAEU.
Bibliographic list of articles
1. Borisova E. A. Alternative dispute resolution: textbook. – M.: Gorodets, 2019. – P. 67.
2. Cortes P. Online Dispute Resolution for Consumers in the European Union. P. 54 @@ Mercedes M. A., Gonzalez N. M., Feasibility Analysis of Online Dispute Resolution in Developing Countries // Inter-American Law Review. – 2012. – 44 p.
3. Gabov V. A. Online dispute resolution of participants digital platforms (ecosystems) // Bulletin of the Civil Procedure. – 2022. – No. 1 // SPS ConsultantPlus.
4. Vinogradova A. V. European Union Law: Opening of a Platform for Online Dispute Resolution with Consumer Participation (ODRPLATFORM) / / Science Time. – 2016. – No. 6 (30). – P. 66.
5. Rozhkova M. A. On the automation of online arbitration and online settlement of commercial and consumer disputes // E-commerce and related areas ( legal regulation): Collection of articles / Head of the author’s team and responsible ed. Doctor of Law M. A. Rozhkova. – M.: Statut, 2019. – P. 219.
6. Terekhov V. V., Lungu I. Concept and key features of online dispute resolution / / Civil Procedure Bulletin. – 2021. – No. 4 // SPS ConsultantPlus.
7. Thornburg G. E. Fast, cheap, and out of control: Lessons from the ICANN dispute resolution process // The Journal of small & emerging business law . – Vol. 6: 191. 2002. – P. 38.
8. Dyakonova M. O. Alternative methods of dispute resolution with the participation of consumers // Bulletin of civil procedure. – 2020. – No. 6 // SPS ConsultantPlus.
9. United Nations Commission on International Trade Law Working Group III (Online dispute resolution) Thirty-third session New York, 29 February-4 March 2016. – [Electronic resource] . – Access mode: https://documents.un.org/doc/undoc/ltd/v15/089/59/pdf/v1508959.pdf (date of access: 05.06.2024).
10. UNCITRAL Technical Notes on dispute resolution online. – [Electronic resource]. – Access mode: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/ru/17-00384_r_ebook_technical_notes_on_odr.pdf (date of access: 05.06.2024).
11 . 11/ Recommendation of the OECD Council on Consumer Protection in E-commerce. – [Electronic resource]. – Access mode: https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0422 (access date: 06/05/2024).
12. Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR); Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR).
13. ASEAN Guidelines on Online Dispute Resolution (ODR). – [Electronic resource]. – Access mode: https://aseanconsumer.org/file/ODR/ASEAN%20ODR%20Guidelines%20-%20FINAL.pdf (date of access: 06.06.2024).
14. Review of the state of affairs in the field of sweat protectionconsumers in e-commerce, the results of the application by the EAEU countries of the recommendation of the Board of the Eurasian Economic Commission of November 21, 2017, No. 27 “On general approaches to the implementation by the member states of the Eurasian Economic Union of a coordinated policy in the field of consumer protection in the sale of goods (works, services) remotely.” – 2018. – P. 18-19.
15. Protocol decision of the CIS Economic Council “On ensuring consumer rights in the field of e-commerce in the CIS member states” (Together with the “Report …”) (Adopted in Moscow on March 15, 2019) // SPS Consultant Plus.
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24. Gabov V. A. Online dispute resolution of participants in digital platforms (ecosystems) // Bulletin of the civil process. – 2022. – No. 1 // SPS ConsultantPlus.
25. Vinogradova AV European Union Law: Opening of a Platform for Online Dispute Resolution with Consumer Participation (ODRPLATFORM) // Science Time. – 2016. – No. 6 (30). – P. 66.
26. Rozhkova MA On the Automation of Online Arbitration and Online Settlement of Commercial and Consumer Disputes // E-commerce and Interrelated Areas (Legal Regulation): Collection of Articles / Head of the Authors’ Col. and Editor-in-Chief, Doctor of Law M. A. Rozhkova. – Moscow: Statut, 2019. – P. 219.
27. Terekhov VV, Lungu I. Concept and Key Features of Online Dispute Resolution // Bulletin of Civil Procedure. – 2021. – No. 4 // SPS ConsultantPlus.
28. Thornburg G. E. Fast, cheap, and out of control: Lessons from the ICANN dispute resolution process // The Journal of small & emerging business law. – Vol. 6: 191. 2002. – P. 38.
29. Dyakonova M. O. Alternative methods of dispute resolution involving consumers // Bulletin of the civil process. – 2020. – No. 6 // SPS ConsultantPlus.
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40. In the area of domain dispute resolution under the UDRP, enforcement of decisions is carried out by an accredited registrar by making an entry in the relevant registry, with one exception: if litigation is initiated, then enforcement enforcement will not take place until the completion of the trial. See UDRP Rules. – [Electronic resource]. – Access mode: https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en (date of access: 27.06.2024).
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LAW OF FOREIGN STATES
ZHIVODROVA Svetlana Anatoljevna
Ph .D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
ANTI-CORRUPTION STANDARDS OF THE UNITED ARAB EMIRATES WHEN PLACING GOVERNMENT ORDERS
The article is devoted to the study of an urgent problem – combating corruption in the UAE, in the process of public procurement. The article analyzes the content of legal norms defining the matrix of delegation of authority, principles, standards for regulating procedures carried out by authorities to ensure procurement, as well as forms of control over the course of their implementation. It is concluded that, despite the small number of regulatory legal acts in the field of public procurement, the country has managed to practically solve the problem of violations of legislation in this area.
Keywords: government order, regulatory legal acts, anti-corruption standards in the field of procurement, criteria for evaluating applications, penalties.
Article bibliography
1. Grin’ko S. D. Combating corruption in public procurement // Civil service and personnel. – 2020. – No. 2. – P. 82-84.
2. Ivanov V. V., Grig I. I . Mechanisms for managing public procurement: monograph. – M.: INFRA-M, 2020. – 207 p.
3. Sheveleva A. V., Aksenova E. V. Organization of international trade in the sphere of supplies to a typical UAE market // Modern problems of foreign economic sphere management: Collection of articles II International Scientific Conferencestudents and postgraduates / All-Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation. Volume Issue 71. – M .: VAVTER, 2020. – P. 301-309.
THEORY OF STATE AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, Head of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ABDULMUTALIMOVA Zamira Magomedovna
Ph.D. in pedagogical sciences, associate professor of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
GASANALIEVA Karavany Magomedramazanovna
competitor of Legal disciplines and teaching methods sub-faculty of the Faculty of Management and Law of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE CONCEPT AND SPECIFICS OF THE INSTITUTION OF LEGAL RESPONSIBILITY: HISTORICAL AND LEGAL ANALYSIS
The article examines legal responsibility as a legal institution. A feature of the author’s approach is the definition of the institution from a broad perspective, including both positive and negative aspects. It is proved that until the moment of committing a crime, the institution of legal responsibility performs a regulatory function, defining the limits of what is permissible, directing the behavior of subjects of public relations in the right direction.
Keywords: institute of law, subject, direction, public relations.
Article bibliography
1. Rassolov M. M., Gorbunov M. A. Roman law: a textbook for universities. – Moscow: Unity, 2010. – P. 95.
2. Tomsinov V. A. Jurisprudence of Ancient Rus and the Legal Culture of Byzantium // Bulletin of Moscow University. Series 11: Law. – 2009. – № 4. – P. 3.
3. Ivannikov I. A. Legal liability in Russia: problems of theory and practice // Science and education: economy and economics; entrepreneurship; law and management. – 2010. – № 4. – P. 27.
4. Reader on the history of the state and law of Russia / edited by Titov Yu. P. – M.: Prospect, 2008. – P. 19.
5. Chistyakov O. I., Novitskaya T. E., Dyukov L. V. History of the domestic state and law. In 2 parts. Part 1. Textbook. – 5th ed. – M.: Yurait, 2011. – P. 23.
6. General theory of state and law. Academic course in 3 volumes / Ed. prof. M. N. Marchenko. T. 3. – 3rd ed., revised. and additional – M.: IKD Zertsalo-M, 2012. – P. 468.
THEORY OF STATE AND LAW
ZUBKOVA Anastasiya Sergeevna
competitor of Theory of law and state sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ON THE QUESTION OF THE EXISTENCE OF COMPLEX BRANCHES OF LAW IN THE MODERN LEGAL SYSTEM OF RUSSIA
The article addresses the issue of the correctness of the use of the term “complex branches of law”. The author defends the point of view on the substitution of concepts and the incorrect assignment of the status of complex branches of law to complex branches of legislation that currently exists in modern legal literature. The reason for the cited incorrect use of terms, in the author’s opinion, is the lack of a unified and clear understanding among scientists of the difference in the criteria for sectoral differentiation of the legal system and the legislative system.
Keywords: legal system; complex branch of the law; legal element; legal structure; complex legal regulation.
Article bibliography
1. Alekseev S. S. On the theoretical foundations of the classification of branches of Soviet law // Soviet state and law. – 1957. – No. 7.
2. Alekseev S. S. General theoretical problems of the system of Soviet law. – M., 1961.
3. Arzhanov M. A. On the principles of constructing the system of Soviet socialist law // Soviet state and law. – 1939. – No. 3.
4. Arzhanov M. A. Subject and method of legal regulation in connection with the issue of the system of Soviet law // Soviet state and law. – 1940. – No. 8-9.
5. Aslanyan N. P. “Complex branch of law” as a terminological misunderstanding // Modern law. – 2024. – No. 1.
6. Vaipan V. A. Concept and legal nature of digital law // Law and business. – 2024. – No. 2.
7. Ershova I. V. Entrepreneurial law: Textbook for bachelors / Ed. I. V. Ershova and G. D. Otnyukova. – M., 2014.
8. Kechekyan S. F. On the system of Soviet socialist law // Soviet state and law. – 1946. – No. 2.
9. Kovalenko A. Yu. System-forming and system-acquired connections of complex branches of law // Legal world. – 2015. – No. 7.
10. General theory of state and law:Academic course: in 3 volumes / Responsible. editor M. N. Marchenko. – M., 2002.
11. Protasov V. N. What and how regulates the law / textbook. – M., Jurist. – 1995.
12. Radko T. N., Golovina A. A. Modern systemic-legal theory: a new stage of development or a methodological crisis? // State and Law. – No. 2.
13. Reicher V. K. Social and historical types of insurance. – M.-L.: Publishing house of the USSR Academy of Sciences, 1947.
14. Rozhkova M. A. Is digital law a branch of law and should we expect the emergence of a Digital Code? // Business and Law. – 2020. – No. 4.
15. Theory of State and Law: Lecture Course / Ed. by N. I. Matuzov and A. V. Malko. – M., 2004.
16. Theory of State and Law: Textbook / Ed. by A. A. Klishas. – M., 2019.
17. Tikhomirov Yu. A. Management Based on Law. – M., 2007.
18. Tolstoy Yu. K. Civil Law and Civil Legislation // Jurisprudence. – 1998. – No. 2.
19. Tolstoy Yu. K. On the Theoretical Foundations of the Codification of Civil Legislation // Jurisprudence. – 1957. – № 1.
20. Shargorodsky M. D., Ioffe O. S. On the system of Soviet law // Soviet state and law. – 1957. – № 6.
THEORY OF STATE AND LAW
LEDNEV Artur Arturovich
adjunct of the Faculty of Training Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
EXPERIMENTAL LEGAL RELATIONS: FEATURES, CLASSIFICATION AND LEGAL ASPECTS
The article examines the features of experimental legal relations arising on the basis of special legal norms used to verify new legal institutions and procedures. The author analyzes the specifics of such legal relations, their classification by industry affiliation, content, individualization of subjects and legal function. The main attention is paid to the rights and obligations of participants in legal experiments, common to all legal experiments and specific, depending on the content of the experiment. Examples of legal experiments in the areas of partner financing, taxation of professional income and resort fees are discussed.
Keywords: legal experiments, experimental legal relations, subjective rights, legal obligations, partner financing, professional income tax, resort fee, legal regulation, special legal norms, public relations.
Article bibliography
1. Repyev A. G. Legal promises and legitimate expectations as components of the model of general regulatory legal relations // Bulletin of the Saratov State Law Academy. – 2023. – No. 1 (150). – P. 41-53.
2. Alekseev S. S. General Theory of Law: in two volumes. Vol. 2. – M.: Legal Literature, 1982. – P. 82.
3. Repyev A. G. Legal Experiment and Law-Making Experience as Special Models of Legal Regulation: Technique, Practice, Limits // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (97). – P. 44-52.
4. Degtyarev M. V. The Newest Regulatory Technologies and Tools: Regulatory Experiments, Sandboxes, Guillotines, Ecosystems, Platforms / Ed. by D.Sc. (Law), Prof. I.V. Ponkin. – M.: Buki Vedi, 2022. – 424 p.
5. Kuznetsova O. A. Legal experiment as a research method in civilistics // Methodological problems of civilistic research. – 2021. – Vol. 3. No. 3. – Pp. 297-318.
6. Golovina S. Yu., Zaitseva L. V. Electronic personnel document management: from legal experiment to practice // Law enforcement. – 2022. – Vol. 6. No. 2. – Pp. 241-256.
7. Repyev A. G., Senyakin I. N. Expert significance of the experimental norm of Russian law // Legal technique. – 2022. – No. 16. – P. 36-42.
THEORY OF 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
THE PLACE AND ROLE OF THE INSTITUTE OF CIVIL SOCIETY IN THE THEORY OF STATE AND LAW
Civil society originated from Aristotle’s political society and refers to a free and equal society governed by the rule of law, as opposed to the barbaric society of absolute monarchy. During the Enlightenment, civil society added a temporal dimension and became a relatively developed society governed by the rule of law rather than a state of nature. Hegel turns civil society into a structural concept: an organization that satisfies material needs, as opposed to the political state, and is the place where free and equal law is created. Marx and Engels inherited the Hegelian tradition of the dichotomy between civil society and the political state and turned it into the main category of historical materialism – the economic basis. Modern theories of civil society go to two poles: Gramsci’s theory of revolution and Habermas’s theory of establishing rational interaction. Habermas divides Hegel’s civil society into two parts: private and public, thus forming a triadic structure of civil society in the private sphere and civil society in the public sphere, non-governmental organizations and the political state. This new public sphere gives authority to the political state and is an effective institution for the rational interaction of civil society and the political state in the private sphere. Logically speaking, the theory of civil society starts from the scientific concept of social taxonomy, moves to a utopian ethical concept, and then transforms from a utopian ethical concept into a legal and philosophical concept in the sense of analyzing the social structure and returns to society and becomes a practical rational concept that promotes social evolution.
Keywords: civil society, political state, public sphere, civilized society, rule of law.
Bibliographic list of articles
1. Sagatovsky V. N. Civil Society in the Philosophy of Hegel and Marx // Man. State. Globalization. Issue 3 / Collection of philosophical articles. Ed. V. V. Partsvania. – St. Petersburg: St. Petersburg Philosophical Society, 2021. – P. 238-259.
2. Ponomarev V. A. The concept of G.V.F. Hegel on citizenship and civil society / V. A. Ponomarev. – Text: direct // Young scientist. – 2023. – No. 4 (242). – P. 454-456.
3. Hegel G. Philosophy of Law. – M.: Mysl, 2021. – 524 p.
4. Chimarov S. Yu. On the issue of “Principles Law enforcement” by Robert Peel // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (75). – P. 33-34.
5. Yu T., Urtaeva E. B. Prospects and modern trends in the development of the political and economic situation in Russia // Discussion. – 2024. – No. 2 (123). – P. 22-27. – DOI 10.46320/2077-7639-2024-2-123-22-27. – EDN NLMXDM.
THEORY OF STATE AND LAW
KHUDOYKINA Tatyana Viktorovna
Ph.D. in Law, professor, Head of Legal technologies and jurisprudence sub-faculty of the Institute of Law of the N. P. Ogarev National Research Mordovian State University
BUZAKOV Anton Yurjevich
postgraduate student of the 2nd year of the Institute of Law of the N. P. Ogarev National Research Mordovian State University
LEGAL AND COMMUNICATIVE COMPETENCE OF A LAWYER IN THE PROCESS OF RESOLVING FAMILY CONFLICTS (WITH PSYCHOLOGICAL AND PEDAGOGICAL EXAMINATION)
The article examines legal and communicative competence in the context of resolving conflict situations arising in family legal relations involving minors. It reflects the types of legal disputes that cannot be resolved without psychological and pedagogical expertise. It highlights the features of legal and communicative competence of a lawyer in the process of resolving family conflicts. It reveals the interrelations between psychological and pedagogical expertise and communicative competence of a lawyer, which influence the correct choice of a model of professional behavior.
Keywords: legal and communicative competence, psychological and pedagogical examination, family conflict, minor, child’s interests, resolution, dispute.
Article bibliography
1. Volkova V. V. Forensic psychological examination in cases of disputes between parents on issues of upbringing and determining the place of residence of the child: a methodological manual. – SPb: St. Petersburg Institute of Independent Expertise and Assessment, 2022. – 20 p.
2. Usmanova E. F., Khudoykina T. V., Adaeva O. V. Formation and development of legal-communicative competence in the framework of higher legal education // Perspectives of Science and Education. – 2023. – No. 5 (65). – P. 245-258.
THEORY OF STATE AND LAW
SHAMGUNOVA Maryam Ilgizovna
postgraduate student of Civil and business law sub-faculty of the University of Management «TISBI», Kazan; senior lawyer, «Shaymardanov & Sabitov” Law Firm
PROBLEMS OF DISTRIBUTION OF THE BURDEN OF PROOF IN DISPUTES ON BRINGING TO SUBSIDIARY LIABILITY IN CASE OF EXCLUSION OF A COMPANY FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES
Purpose of the study. The article analyzes the chronological progression of development of legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation in the issue of distribution of the burden of proof in disputes on bringing to subsidiary liability of management bodies in case of exclusion of a company from the Unified State Register of Legal Entities. The author analyzes the legal nature of the distribution of the burden of proof, raises issues of procedural inequality of the parties in matters of proof, the role of the court in assisting the applicant in collecting the necessary evidence. Conclusions. The author concludes that since 2020 the issue of distribution of the burden of proof in this category of cases is still key. To date, between the legal positions of the Supreme Court of Russia and the Constitutional Court of Russia there is actually a contradiction in the distribution of the burden of proof in disputes on bringing to subsidiary liability in the exclusion of the company from the Unified State Register of Legal Entities on the basis of paragraph 3.1 of Article 3 of the Law on LLC. Current court practice favors the positions of the Supreme Court of Russia, pointing to the need for the plaintiff to prove all the necessary circumstances in the case. In the author’s opinion, the essential importance for the applicant to obtain a favorable decision on the above disputes is the activity of the court in seeking and obtaining evidence necessary for the applicant to prove the circumstances of unreasonable and/or unfair actions (inaction) of management bodies.
Keywords: registering body, exclusion of a company from the Unified State Register of Legal Entities, administrative procedure, subsidiary liability, burden of proof, corpus delicti, presumption of innocence, unreasonable, bad faith actions, controlling persons, management bodies.
Article bibliography
1. Federal Law of 08.02.1998 No. 14-FZ (as amended on 08.08.2024) “On Limited Liability Companies” // Rossiyskaya Gazeta. – 1998. – February 17.
2. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 30.01.2020 No. 306-ES19-18285 in case No. A65-27181/2018 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cwz95.
3. Federal Law of 08.08.2001 No. 129-FZ (as amended on 08.08.2024) “On state registration of legal entities and individual entrepreneurs” // Rossiyskaya Gazeta. – 2001 . – August 10.
4. Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 08/25/2020 No. 307-ES20-20180 on case No. A21-15124/2018 // Arbitration Case File. – [Electronic resource]. – Mode access: https://clck.ru/3Cwzam.
5. Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated July 17, 2020 No. 302-ES20-8980 // SPS “ConsultantPlus”. – [Electronic resource].– Access mode: https://clck.ru/3Cwzdc.
6. Resolution of the Constitutional Court of the Russian Federation of 05/21/2021 No. 20-P “On the case of verifying the constitutionality of paragraph 3.1 of Article 3 of the Federal Law “On Limited Liability Companies” in connection with the complaint of citizen G. V. Karpuk” // Consultant Plus. – [Electronic resource]. – Access mode: https://clck.ru/3Cwzfx.
7. Resolution of the Arbitration Court of the North-West District dated 20.10 .2023 No. F07-14532/2023 for case No. A56-114971/2022 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cwz№K.
8. Resolution of the Arbitration Court of the North-West District dated 20.01.2023 No. F07-20898/2022 in case No. A56-23402/2022 // SPS ” ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3CwzoY.
9. Resolution of the Arbitration Court of the Far Eastern District dated 11/14/2022 No. F03-4920/2022 in case No. A24-3555/ 2021 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3CwzqJ.
10. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 03.11.2022 No. 305-ES22-11632 in case No. A40-73945/2021 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cwzt6.
11. Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 30.01.2023 No. 307-ES22-18671 on case No. A56-64205/2021 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3Cx242.
12. Resolution of the Constitutional Court of the Russian Federation dated 07.02.2023 No. 6-P “On the case of verifying the constitutionality of subparagraph 1 of paragraph 12 of Article 61.11 of the Federal Law “On Insolvency (Bankruptcy) )» and paragraph 3.1 of Article 3 of the Federal Law «On Limited Liability Companies» in connection with the complaint of citizen I. I. Pokul» // Consultant Plus. – [Electronic resource]. – Access mode: https://clck.ru/ 3Cx27q.
13. Gurvich M.A. Structure and movement of civil procedural legal relationship // Selected works. – Krasnodar: Council. Kuban, 2006. – V. 2. – P. 96.
14. Kurylev S. V. Legal nature of the burden of proof in legal proceedings // Problems of civil law and procedure.
15. Yudelson K. S. Selected: Soviet notary. The problem of proof in Soviet civil proceedings. – M.: Statut, 2005. – P. 140.
16. Vyshinsky A. Ya. Theory of judicial evidence in Soviet law. – M.: Legal Publishing House of the People’s Commissariat of Justice of the USSR, 1941. – P. 248.
17. Yablochkov T. M. Textbook of Russian civil procedure. 2nd ed., suppl. – Yaroslavl: Book Publishing House of I.K. Gassanov, 1912. – P. 39.
THEORY OF STATE AND LAW
KOLESOV Mikhail Sergeevich
magister student of the Diplomatic Academy of the MIA of Russia
SAMUEL HANGTINGTON’S POLITICAL AND LEGAL IDEAS: ENDURING RELEVANCE
The article reveals the content of Samuel Hangtington’s concept, which became widely known in the 90s of the twentieth century and retains its value at the present time. The controversy surrounding the idea of a clash of civilizations has escalated at the present time, new arguments have emerged against the theory of a conflict of civilizations, as well as new arguments in favor of Hangtington’s reflections on the inevitability of clashes between different religious and cultural areas. The author of the article analyzes the criticisms of the concept of the clash of civilizations, gives his arguments, and also states the significant influence of the American political scientist on the understanding of international relations in the world, on the importance of cultural and civilizational differences as a source of conflict.
Keywords: civilization, religion, culture, peripheral civilizations, globalization.
Bibliographic list of articles
1. Huntington Samuel P. The clash of civilizations and the remaking of world order. – 1996.
2. Huntington Samuel P. The clash of civilizations? // Foreign Affairs. – 1993. – Summer (vol. 72, no. 3). – P. 22-49.
3. Paradigm Lost: Huntington’s Unfulfilled Clash of Civilizations Prediction into the 21st Century // International Politics. – No. 42. – R. 428-457.
4. Russett, B. M.; Oneal, J. R.; Cox, M. “Clash of Civilizations, or Realism and Liberalism Déjà Vu? Some Evidence” // Journal of Peace Research. – 2000. – P. 37, 583-608.
HISTORY OF STATE AND LAW
ARSENJEVA Galina Vitaljevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
KORCHAGINA Irina Vyacheslavovna
Ph.D. in Law, Head of Civil law and legal regulation of innovative activities sub-faculty of the V. N. Tatishchev Astrakhan State University
KHRAMOVA Irina Sergeevna
Ph.D. in Law, associate professor of Civil law and legal regulation of innovative activities sub-faculty of the V. N. Tatishchev Astrakhan State University
RETROSPECTIVE OF DOMESTIC LEGISLATION IN THE FIELD OF SOCIAL PROTECTION OF LARGE FAMILIES
The article is devoted to the review of historical and legal documents that regulated the formation and development of the mechanism of social support for large families. The most significant legal structures on which the system of measures to support large families in different periods of the Russian state was built are presented. The progressive movement of the legislator in the field of expanding the list of instruments of the mechanism of social protection of large families, explained by the demographic policy of the state, is proven.
Keywords: large families, legislation, historical and legal acts, social protection, support measures.
Bibliographic list of articles
1. Decree of the President of the Russian Federation of 23.01.2024 No. 63 “On measures of social support for large families” // Collection of Legislation of the Russian Federation. – 29.01.2024. – No. 5. – Art. 665.
2. Constitution of the RSFSR of 1918 // Collection of Laws of the RSFSR. – 1918. – No. 51. – Art. 582. (the document has ceased to be in force)
3. Labor Code of 1918 // Collection of Laws of the RSFSR. – 1918. – No. 87-88. – Art. 905. (the document has ceased to be in force)
4. Labor Code of 1922 // Collection of Laws of the RSFSR. – 1922. – No. 70. – Art. 70. (document no longer in force)
5. Constitution of the RSFSR of 1924 // Bulletin of the Central Executive Committee, Council of People’s Commissars and Council of Defense of the USSR. – 1924. – No. 2. – Art. 24. (document no longer in force)
6. Constitution of the USSR of 1936 // Bulletin of the Central Executive Committee of the USSR and the All-Russian Central Executive Committee. – No. 283. – 06.12.1936. (document no longer in effect)
7. Resolution of the Central Executive Committee of the USSR No. 65 of June 27, 1936 “On the prohibition of abortions, increasing financial assistance to women in labor, establishing state assistance to large families, expanding the network of maternity hospitals, nurseries and kindergartens, increasing criminal penalties for non-payment of alimony and on certain changes in the legislation on divorces” // Collected Legislation of the USSR. – 1936. – No. 34. – Art. 309. (document no longer in effect)
8. Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944 “On increasing state assistance to pregnant women, mothers with many children and single mothers, strengthening the protection of motherhood and childhood, on establishing the honorary title of “Mother Heroine” andon the awarding of the Order of “Maternal Glory” and the Medal of “Motherhood Medal” // Vedomosti of the Supreme Soviet of the USSR. – 1944. – No. 37. (the document has ceased to be valid)
9. Decree of the Presidium of the Supreme Soviet of the USSR of March 26, 1956. – [Electronic resource]. – Access mode: https://ru.wikisource.org/wiki (date of access: 10.10.2024). (the document has ceased to be valid)
10. Resolution of the Council of Ministers of the USSR of July 26, 1973 No. 530 “On improving the provision of benefits for pregnancy and childbirth and for caring for a sick child” // SP USSR. – 1973. – No. 18. – Art. 102. (document no longer valid)
11. Decree of the Presidium of the Supreme Soviet of the USSR of September 25, 1974 No. 312-IX “On the introduction of benefits for children of low-income families” // Vedomosti of the Supreme Soviet of the USSR. – 1974. – No. 40. – Art. 663. (document no longer valid)
12. Constitution of the USSR of 1977 // Vedomosti of the Supreme Soviet of the USSR. – 1977. – No. 41. – Art. 617. (document no longer valid)
13. Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR of January 22, 1981 No. 235 “On measures to strengthen state assistance to families with children” // SP USSR. – 1981. – No. 13. – Art. 75. (the document has ceased to be valid)
14. Decree of the President of the Russian Federation of 05.05.1992 No. 431 (as amended on 25.02.2003) “On measures of social support for large families // Vedomosti SND and the Supreme Court of the Russian Federation. – 14.05.1992. – No. 19. – Art. 1044. (the document has ceased to be valid)
15. Basov N. F. Development of contempt and assistance to families in pre-revolutionary Russia // Bulletin of the Kostroma State University. – 2015. – Vol. 21. – No. 1. – P. 149-153.
16. Vasenin A. A. Study of the system of social protection of large families and development of proposals for its improvement // Business and Society. – 2024. – No. 1 (41). – P. 1-7.
17. Dolzhenkova E. V., Larina O. G., Baikov V. Yu. Social policy of the Soviet state towards large families in the 1920s-50s: an overview of state and legal regulation measures // In the collection: Social policy: history, modernity, prospects. – 2021. – P. 42.
18. Zakirova S. A. Large family as a socio-legal concept // In the collection: State policy in the field of child protection: status and prospects. – Rostov-on-Don, 2023. – P. 12-17.
19. Kudryashova N. V. Protection of motherhood and childhood in the first post-war years // In the collection: Scientific research of young scientists. – Penza, 2021. – P. 92-94.
20. Nikonova O. V. Social protection of the population: theoretical and conceptual aspects and retrospective of improvement // Social and labor studies. – 2022. – No. 4 (49). – P. 61-72.
21. Sokolenko A. V. The concept of a large family in Russian law // Rostov Scientific Journal. – 2017. – No. 6. – P. 160-165.
22. Sukacheva A. D. Historical aspects of social and legal protection of large families in Russia // In the collection: Modern aspects of economics and management. Novosibirsk. – 2023. – P. 260-264.
23. Tarasova O. E., Artemenko D. A. Social support for large families: historical aspect // In the collection: Protection of human rights: theory and regional practice. – Abakan, 2021. – P. 168-169.
24. Tarusina N. N. Family: value and formal-legal guidelines // Demidov Law Journal. – 2023. – Vol. 13. – P. 364-381.
HISTORY OF THE STATE AND LAW
GARASHCHENKO Alexander Yurjevich
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Nevinnomyssk Institute of Economics, Management and Law
CODIFICATION OF LAW DURING NEP: LEGAL TRANSFORMATIONS AND THEIR CONSEQUENCES
The intensive modernization of the entire legal system of Russia, which is currently taking place, actualizes research related to the transitional state of the state and law, state-legal phenomena. One of the most important components of the legal system of any modern state is the system of legislation in general and codified normative legal acts, in particular. Therefore, an urgent problem is the search for historical foundations of the codification of domestic law, which were most clearly manifested in the 20s of the twentieth century in the process of creating the first codified acts of the new Soviet government. Even greater epistemological potential has the correlation of these processes with the transformations that took place in the Soviet state and society against the background of the New Economic Policy. Using general scientific and special methods of cognition, relying on the historical and formal-legal approach, the authors of the article examine the features of the codification of legal norms regulating inheritance, labor, land, family, civil, criminal-legal relations. The conclusion is formulated that the first Soviet codification is a unique phenomenon, based on the principle of revolutionary and socialist legality, on the one hand, and on some legal principles and legal norms that were in force earlier, in tsarist Russia, on the other.
Keywords: New economic policy, codification of law, Soviet law, revolutionary legal consciousness, socialist legal consciousness, Soviet state and law.
Article bibliography
1. Avramenko O. A. Civil law of the RSFSR during the NEP period: dis. … candidate of legal sciences. – M., 2005. – 330 p.
2. Akhmedova N. A. History of inheritance in Russia // Young scientist. – 2023. – No. 51 (498). – P. 208-212.
3. Bondarenko A. V. The judicial system of the RSFSR under the NEP: dis. … candidate of legal sciences. – M., 2010. – 156 p.
4. Burdanov V. V. Features of the development of the domestic state and law during the new economic policy // Bulletin of the Academy of Law and Management. – 2015. – No. 1 (38). – P. 152-157.
5. Gavrilov K. G. Development of organizational and legal forms of private commercial enterprises during the NEP: dis. … candidate of legal sciences. – Penza, 2005. – 198 p.
6. Garashchenko A. Yu. Formation and development of tax authorities in Russia // Youth and Science: Reality and Future: VIII International Scientific and Practical Conference, Nevinnomyssk, March 03, 2015. Volume 2. – Nevinnomyssk, 2015. – P. 410-413.
7. Grebenshchikova I. V. Codification of criminal law norms of Soviet legislation in the context of the New Economic Policy // Science. Society. State. – 2023. – No. 4 (44). – P. 14-23.
8. Didenko M. S. Revolutionary legal consciousness as a source of Soviet law of the 20s of the twentieth century // Journal of Legal Anthropology and Conflictology. – 2023. – No. 2. – P. 94-102.
9. Kolesnyak E. V. Legal system of the Soviet state during the NEP: historical and legal research: dis. … Cand. of Law. – M., 2009. – 220 p.
10. Kursky D. I. On the paths of development of Soviet law: articles and speeches, 1919-1926. – M.: Legal Publishing House of N.K.Yu. RSFSR, 1927. – 118 p.
11. Lisitsyna E. A. On the Issue of Peculiarities of Legal Regulation of Inheritance in the Context of the New Economic Policy // Bulletin of the South Ural State University. Series: Law. – 2014. – Vol. 14. No. 1. – Pp. 16-22.
12. General Theory of the State: Classical and Modern Issues: Textbook / V. Ya. Lyubashits, A. Yu. Mordovtsev, A. Yu. Mamychev, E. A. Apolsky. – Moscow: Publishing House “Yurlitinform”, 2021. – 712 p.
13. General Theory of Law: Classical and Modern Issues: Textbook / V. Ya. Lyubashits, A. Yu. Mordovtsev, A. Yu. Mamychev, E. A. Apolsky. – M.: Publishing house “Yurlitinform”, 2021. – 456 p.
14. Pashukanis E. B. The main problems of the Marxist theory of law and state // The Soviet state and the revolution of law. – 1931. – No. 1 (January). – P. 11-40.
15. Rogachev A. G. Secret letter of V.I. Lenin of February 20, 1922 to the People’s Commissar of Justice of the RSFSR D.I. Kursky and further modernization of Soviet legal policy in the context of NEPA // Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. – 2024. – No. 1 (31). – P. 203-212.
16. Roshchin B. E. Codification of Russian labor legislation during the period of the new economic policy // Bulletin of the Kostroma State University. – 2013. – V. 19. No. 1. – P. 212-217.
17. Torpudzhiyan A.Kh. Lawmaking under the NEP of 1923-1929 // Legal Science and Education in the 21st Century: Collection of Articles Based on the Results of the International Scientific and Practical Conference (Chelyabinsk, September 9, 2017). – Sterlitamak, 2017. – P. 87-94.
HISTORY OF STATE AND LAW
ZAYTSEVA Yuliya Valerjevna
postgraduate student of History of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE IMPORTANCE OF EDUCATION AS A CONDITION FOR SUSTAINABLE DEVELOPMENT OF THE STATE IN THE WORKS OF WESTERN EUROPEAN AUTHORS OF THE XVII – EARLY XVIII CENTURIES
The article is devoted to the development of the idea of the importance of education as a condition for sustainable development of the state. The author considers the main ideas and concepts developed by scientists and enlighteners in the XVII – early XVIII centuries, which later influenced the transformative processes in the field of education in various countries. Reforming and regulating educational activities is an ongoing process that is influenced by both technological, cultural and historical changes in countries. That is why it is extremely important to know and take into account not only the experience of the past years, but also to identify the most popular ideas proposed by scientists at the moment.
Keywords: educational ideas, Western European enlighteners, the state, Francis Bacon, Rene Descartes, Thomas Hobbes, John Locke, John Toland.
Bibliographic list of articles
1. English materialists of the 18th century. Collection of works in three volumes. T. 1. – M.: Mysl, 1967.
2. Bacon F. New Organon // Bacon F. Works in 2 volumes. T. 2. – M.: Mysl, 1978.
3 . Bacon F. On the Dignity and Increase of Sciences // Bacon F. Works in 2 volumes. Vol. 1. – M.: Mysl, 1971.
4. Hobbes T. Leviathan // Hobbes T. Works in 2 -x t. T. 2. – M.: Mysl, 1991.
5. Hobbes T. Philosophical elements of the doctrine of the citizen // Hobbes T. Works in 2 t. T. 1. – M.: Mysl , 1989.
6. Descartes R. Discourse on method // Descartes R. Works in 2 volumes. Volume 1. – M.: Mysl, 1989.
7. Locke J. Thoughts on education // Locke J. Works in 3 volumes. Volume 3. – M.: Mysl, 1988.
8. Locke J. An Essay Concerning Human Understanding // Locke J. Works in 3 vols. Vol. 1. – M.: Mysl, 1985.
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, 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
STATE-CONFESSIONAL POLICY IN TYVA: BASED ON THE MATERIALS OF THE OFFICE OF AMBYN-NOYON TANNU-URIANHAI IN THE STATE ARCHIVE OF THE REPUBLIC OF TYVA
This publication is the latest in a series prepared by us in the context of the analysis of state-confessional relations in the Siberian region in its broadest sense. The factors that influenced the formation of the religious landscape of Tuva are revealed. The role of religious institutions in attempts to formulate the concept of statehood after leaving the Qing Empire is established. In the agenda of the First All-Tuvan Constituent Congress of the Seven Khoshuuns of Tanu-Tuva, which proclaimed the creation of the Tuvan People’s Republic, among others, the issue of confessional politics was also considered.
Keywords: Siberia, Uriankhai region, Tanu-Tuva, ambyn-noyon, Buddhism in Tuva, “yellow religion”, State Archive of the Republic of Tuva, Office of ambyn-noyon Tannu-Uriankhaya.
Article bibliographic list
1. State Archives of the Republic of Tyva (SA RT). Collection 115: Administration of the Noyons of Tannu-Uryankhai. – Op. 1. – D. 24, 38, 51a, 54, 65, 84, 113, 120, 121, 142, 143, 155, 192, 201, 209, 239, 243, 246, 249, 283a, 291, 302, 318 , 325.
2. History of the city in the center of Asia: a collection of archival documents. 1914-2014 / compiled by T. A. Bondarenko, M. Sh. Kuular, N. M. Mollerov. – Krasnoyarsk: Publishing house “Offset”, 2021. – 612 p., ill.
3. Mongush M. V. Traditional and non-traditional confessions in Tuva: history and modernity // Vostok. – 2007. – No. 1. – P. 16-32.
4. Munge B. V. History of archival affairs in Tuva: socio-philosophical analysis // New studies of Tuva. – 2020. – No. 2. – P. 4 -27.
5. Nedzelyuk T. G. Buddhism in the South of Siberia in the Context of the State-Confessional Policy of the Russian Empire (based on materials from the Russian State Historical Archive) // Eurasian Law Journal. – 2023. – No. 6. – P. 112 -113.
6. Khomushku O. M. Religion in the history of Tuvan culture. – Moscow: Institute of Ethnology and Anthropology, Russian Academy of Sciences, 1998. – 177 p., ill.
7. Chyrgalan S. Yu., Ayyzhy E. V. Buddhist monasteries in Tuva before the beginning of the 20th century // Current issues in the study of ethnoecological and ethnocultural traditionspeoples of Sayano-Altai. – Kyzyl: Publishing House of TyvSU, 2014. – P. 118-119.
HISTORY OF STATE AND LAW
PAVLOV Oleg Vitaljevich
postgraduate student of Theory and history of state and law sub-faculty of the Taganrog Institute of Management and Economics
THE DICHOTOMY OF OWNERSHIP. CIVIL SOCIETY IN THE LEGACY OF THE EMPIRE OF ANCIENT ROME. OBJECTIFICATION OF HISTORY AS A FACTOR OF CONTINUITY OF ANCIENT ROME
This article discusses an important topic of the development of Roman civilization and its influence on the formation of civil society institutions. The main idea of the author is that it was the connection between property rights and civil society that played a key role in the transformation processes from the republic to the empire. Studying the history of ancient Rome, the author emphasizes that the connection between these two aspects was crucial for the development of civilization. It is also important to note that the loss of this connection in the dark ages led to the stagnation of civilization. Protestant ethics, returning to the ancient foundations, contributed to the development of respect for private property and led to the rapid development of European civilization. The author also draws attention to the importance of self-reference and self-regulation of society through changes in the historical process. In general, the article draws attention to the importance of the connection between legal institutions and the formation of civil society on the example of ancient Rome and the influence of this connection on the development of civilization.
Keywords: civil society, Roman Empire, Ancient Rome, European civilization, property, legislative act.
Article bibliography
1. Ogoltsova E. G., Nehring E. S. Theory of self-referential systems of N. Luhmann. Text: direct // Young scientist. – 2022. – No. 50 (445). – P. 461-463. – [Electronic resource]. – Access mode: https://moluch.ru/archive/445/97613/ (date of access: 08/25/2024).
2. Golovin N. A. Luhmann N. The concept of society. Problems of sociological theory // Social and humanitarian sciences. Domestic and foreign literature. – 1996. – No. 3. – P. 25-42.
3. Luhmann N. Introduction to systems theory. – Moscow: Logos, 2007. – 306 p.
4. Matushanskaya Yu. G. Social and philosophical analysis of the theory of systems of Niklas Luhmann theory // Bulletin of KGEU. – 2012. – No. 3 (14). – P. 30-43.
5. Rezaev A. V., Tregubova N. D. Communication and communication in the system theory of Niklas Luhmann // Sociological studies. – 2015. – No. 11. – P. 148-155.
HISTORY OF STATE AND LAW
PATRASH Natalya Vasiljevna
Ph.D. in historical sciences, associate professor of Public law disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
ORGANIZATION OF MEDICAL AND SANITARY PROVISION OF THE GDOV HOUSE OF DETENTION IN THE 1920S.
The article examines the peculiarities of the organization of medical and sanitary provision of the Gdov detention house in the 1920s.; it is concluded that the unfavorable material and living conditions in the detention center were aggravated by the low level of medical care for prisoners, which was expressed in the lack of proper medical personnel, equipment and tools, medicines.
Keywords: Gdov county, detention center, medical and sanitary provision, penitentiary system.
Article bibliography
1. Bykov A. V. Medical and sanitary provision of places of detention in Western Siberia in the 1920s // Bulletin of Omsk University. Series “Historical Sciences”. – 2017. – No. 1 (13). – P. 102-109.
2. State Archives of the Pskov Region (hereinafter – GAPO). – F. R-432. – Op. 2. – D. 10.
3. GAPO. – F. R-432. – Op. 2. – D. 32.
4. Svetlova L. V. From the history of the Gdov prison // Pskov. – 2005. – No. 22. – P. 179-182.
CONSTITUTIONAL LAW
GOGLEVA Kseniya Yurjevna
Ph.D. in Law, Deputy Head of Constitutional and international law sub-faculty of the St. Petersburg University of the MIA of Russia
JUDICIAL CONSTITUTIONAL CONTROL AS A WAY OF THE RESOLUTION OF A PUBLIC LAW CONFLICT
The article deals with the issues of constitutional and legal protection of traditional spiritual and moral symbols of faith as a factor in the successful formation of a stable relationship between an individual and society in a modern Russian legal state. Based on the analysis of the regulatory legal framework, doctrinal sources and empirical material, the author attempts to describe the mechanism and role of public authorities in strengthening and preserving the traditional symbols of faith of the multinational people of the Russian Federation (using the example of the traditional Muslim confessional food – halal cuisine). Special attention is paid to the regulation of the concept of “traditional values” in normative and doctrinal sources, the need for concretization and expansion of the interpretation of this concept is indicated.
Keywords: The Constitution of the Russian Federation, traditional values, symbol of faith, constitutional and legal protection, halal, Islam, Muslim food, religious cuisine, ancestral heritage, national identity, multinational people of the Russian Federation.
Article bibliography
1. Vorobyov V. V. The Symbol of Faith and Its Influence on the Formation of Consciousness in Christianity and Buddhism: A Comparative Analysis // Bulletin of Kalmyk University. – 2024. – No. 1 (61). – P. 123-133.
2. Efimova S. V. Problems of nutrition of believers in the context of a global society // Vesti MANEB in Omsk region. – 2015. – No. 2 (7). – P. 36-38.
3. Zorkin V. D. Constitutional Court of Russia: doctrine and practice. – M .: Norma, 2019. – P. 127.
4. Medvedev D. A. 25 years of the Constitution: balance between freedom and responsibility // Law. – 2008. – No. 12. – P. 8-16.
5. Novikova M. V., Sultaeva N. L., Galitsky V. V. On the issue of the peculiarities of nutrition of adherents of various religious traditions // Service in Russia and abroad. – 2013. – No. 5. – 2013. – P. 96-103. N. Novikova
6. Rudenko V. V. Russian constitutional reform of 2020: transformation of the value system // Leningrad Law Journal. – 2020. – No. 4 (62). – P. 71-82.
7. Chimitdorzhiev Zh. Zh. Religious cuisines: valeological aspect // Far East in the mirror of ethnopolitics: Materials of the All-Russian scientific conference, Khabarovsk, October 25-26, 2019 / Edited by E. N. Spassky, O. A. Rudetsky. – Khabarovsk: Far Eastern State Transport University, 2019. – P. 245-248.
CONSTITUTIONAL LAW
ERMOLAEV Vladislav Olegovich
postgraduate student of Public law of Russia and foreign countries sub-faculty of the Mari State University, Yoshkar-Ola
MIKHEEVA Tatyana Nikolaevna
Ph.D. in Law, professor of Public law of Russia and foreign countries sub-faculty of the Mari State University, Yoshkar-Ola
THE MAIN FORMS OF INTERACTION BETWEEN STATE AUTHORITIES AND LOCAL SELF-GOVERNMENT IN A UNIFIED SYSTEM OF PUBLIC AUTHORITY
The constitutional novelty of a unified system of public authority has necessitated a scientific vision of the forms of interaction between state authorities and local self-government bodies. Today they have not received proper legislative reflection. The authors substantiated and analyzed the peculiarities of some forms of interaction between the levels of public power – coordination, exercising control, granting certain state powers to local self-government bodies. Some shortcomings in their legal regulation, which negatively affect the practical implementation of interaction between municipal and state authorities, have been revealed. The authors substantiated proposals for improving the legislation aimed at more effective cooperative activities in the system of public authority, supplemented by the conceptual apparatus of the institute of interaction.
Keywords: local government, state power, public power, interaction of levels of public power, unified system of public power.
Article bibliography
1. Allayarova E. S. State control over local government bodies // Forum of young scientists. – 2021. – No. 10 (62). – P. 10-20.
2. Barmenkova N. A. Mechanisms of interaction between regional and municipal government bodies / Ed. N. A. Barmenkov, I. V. Bitkin, A. G. Gladyshev. – Moscow: OOO “Nauchny Konsultant”, 2018. – 128 p.
3. Kitaeva V. E. Basic approaches to the forms of interaction of public authorities // Constitutional and municipal law. – 2024. – No. 2. – P. 6-10.
4. Kitaeva V. E. Constitutional and legal foundations for the interaction of state authorities of the constituent entities of the Russian Federation and local government // Bulletin of the Voronezh State University. Series: Law. – 2020. – No. 4 (43). – P. 58-67.
5. Mamleev A. A. On the issue of delegation of powers in the system of public authorities // Juvenis Scientia. – 2017. – No. 1. – P. 27-29.
6. Ostankov D. B. Problems of interaction of state authorities and local government in the Russian Federation // Modern problems of science and education. – 2018. – No. 2. – P. 3-5.
7. Spiridonov A. A. State, municipal and public control: the content and relationship of concepts from the standpoint of constitutional law // Actual problems of Russian law. – 2022. – V. 17. No.5 (138). – P. 33-45.
8. Khabrieva T. Ya., Klishas A. A. Thematic commentary on the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authority.” – Moscow: INFRA-M, 2020. – 240 p.
CONSTITUTIONAL LAW
KOMBAROVA Elena Valerjevna
Ph.D. in Law, associate professor of Professor I. E. Farber and Professor V. T. Kabyshev Constitutional law sub-faculty of the Saratov State Law Academy
CONSTITUTIONAL AND LEGAL MECHANISM OF INTERACTION BETWEEN PUBLIC AUTHORITIES IN RUSSIA
Based on the provisions of the Constitution of the Russian Federation, the doctrine of constitutional law and Russian legislation, the article examines the forms and procedures of interaction between public authorities at the federal level. The vectors of the 2020 constitutional reform are studied in the context of its impact on the fundamental principles of the system of public power. Various aspects of the influence of amendments to the Constitution of the Russian Federation in 1993, supported by citizens in the all-Russian vote, on the principles and process of interaction of public authorities in modern Russia, are analyzed, and possible prospects for improving legislation in this area are identified.
Public power and the mechanism of interaction of public authorities in Russia, as its necessary component, is a complex constitutional and political-legal institution. The provisions of the updated Constitution, which enshrine the constitutional mechanism of interaction between public authorities of Russia, must be used in order to improve the constitutional practice of modern Russia.
Keywords: public power, the system of public authorities, the mechanism of interaction of power, constitutional reform.
Article bibliography
1. Brezhnev O. V. Preliminary constitutional review and its implementation in Russia: problems of theory and practice // Actual problems of Russian law. – 2020. – No. 10. – P. 36-43.
2. Velieva D. S., Presnyakov M. V. Reform of the Constitutional Court of the Russian Federation in 2020: “Who will guard the guards” // Constitutional and municipal law. – 2021. – No. 1. – P. 12-22.
3. Zametina T. V. Constitutional and legal mechanism of public authority in Crimea: problems and development trends // Bulletin of the Saratov University. New series. Series: Economy. Management. Law. – 2017. – Vol. 17. No. 1. – P. 81-90.
4. Zorkin V. D. Letter and spirit of the Constitution // Rossiyskaya Gazeta. – 2018. – January 9. – [Electronic resource]. – Access mode: https://rg.ru/2018/10/09/zorkin-nedostatki-v-konstitucii-mozhno-ustranit-tochechnymi-izmeneniiami.html (date of access: 09/02/2024).
5. Kabyshev V. T. Power, culture and psychology in the system of constitutional relations of Russia: constitutional dimension // Scientific notes of the faculty of law. Issue 16 (26). St. Petersburg: Publishing house of the St. Petersburg state university of economics and finance, 2009. – P. 130-134.
6. Kombarova E. V. Constitutional and legal mechanism for resolving disagreements in the system of public authorities: dis. … Cand. of Law. – Saratov, 2009. – 240 p.
7. Kondrashev A. A. Doctrinal understanding of the place of the head of state in various republican forms of government // Russian Law Journal. – 2020. No. 4 (July-August). – P. 9-20.
8. Pavlov E. Ya. Constitutional and legal mechanism for implementing the foreign policy of the Russian Federation: dis. … Doctor of Law. – M, 2004. – 317 p.
9. Problems of the general theory of law and state / Ed. V. S. Nersesyants. – M., 2023. – 816 p.
10. Postnikov A. E., Bondar N. S., Pomazansky A. E. [et al.] Reform of the organization of public authority: main areas of implementation: monograph / Responsible. ed. A. E. Postnikov, L. V. Andrichenko; Institute of Legislation and Comparative Law under the Government of the Russian Federation. – Moscow: Norma: INFRA-M, 2023. – 200 p.
11. Ukhankin V. V. Constitutional and legal mechanism for ensuring territorial integrity: dis. … Cand. of Law. – M, 2009. – 250 p.
12. Chairman of the State Duma: the new format of “government hours” will allow for more effective problem solving. State Duma of the Federal Assembly of the Russian Federation. – [Electronic resource]. – Access mode: http://duma.gov.ru/news/59995/ (date of access: 09.20.2024).
CONSTITUTIONAL LAW
MAGOMEDOVA Zaripat Achavarayevna
Ph.D. in Law, associate professor of Constitutional and municipal law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE RIGHT TO LIFE IN RUSSIAN CONSTITUTIONAL LAW
The relevance of the topic is dueto the fact that in the circumstances of a difficult situation in the world as a whole, issues of the realization of personal human rights play a huge political and legal role for the state.
The personal rights and freedoms of man and citizen are a fundamental element of the legal status of an individual in a democratic State. The issue of determining the moment of the emergence and termination of the right to life is relevant within the framework of the Russian system of constitutional law, due to the fact that the right to life is an inalienable and personal human right enshrined in the provisions of the Constitution of the Russian Federation. In this work, the author reveals the features of the multicomponent legal category of the constitutional right to life, its place in the system of constitutional rights and the specifics of its functioning.
Keywords: the right to life, personal constitutional rights of man and citizen, guarantees of the constitutional right to life.
Bibliographic list of articles
1. Lebedev S. A. The right to life in Russian constitutional law // Actual problems of humanitarian and natural sciences. – 2010. – No. 5. – P. 22-25.
2. Nevinsky V. V. The human right to a decent life in the system of constitutional values of Russia// Constitutional and municipal law. – 2018. – No. 12. – P. 56-65.
3. Prusenyuk G.V. The right to life in armed conflicts: international legal aspect // The Russian state and society in new historical conditions. The main results of scientific work at the Nizhny Novgorod Institute of Management in 2022. Collection of scientific articles of the scientific and practical conference. – Nizhny Novgorod, 2023. – P. 74-78.
4. Romanovsky G. B. Right to privacy. – M.: MZ-Press, 2001. – 312 p.
5. Fomichenko G. M. Constitutional and legal problems of ensuring the right to life in the Russian Federation in the light of legal standards of the Council of Europe: Diss. … Cand. of Law . sciences. – M.: ProSoft-M., 2013. – P. 44-45.
ADMINISTRATIVE LAW
ALFEROV Sergey Nikolaevich
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University, Simferopol
CURRENT AREAS OF ACTIVITY OF THE PROSECUTOR’S OFFICE FOR THE ENFORCEMENT OF LAWS IN THE ENVIRONMENTAL SPHERE (BASED ON MATERIALS FROM THE REPUBLIC OF CRIMEA)
The article is devoted to the analysis of the current state of prosecutorial supervision over the implementation of environmental legislation in the Republic of Crimea. The work examines the current areas of activity of the prosecutor’s office aimed at ensuring compliance with environmental standards and protecting the environmental rights of citizens. A wide range of issues related to prosecutorial activity in the environmental sphere is considered, including: analysis of the practice of applying prosecutorial response measures to violations of environmental legislation; assessment of the effectiveness of the prosecutor’s office in the field of environmental protection; identification of typical violations of the law.
Particular attention is paid to such current areas as: supervision of compliance with legislation in the field of environmental protection and nature management; in the field of handling production and consumption waste; in the field of forest protection from fires and forest management revealed; in the field of water and air protection.
Based on the study, the author formulates conclusions about the state of environmental safety in the Republic of Crimea and identifies promising areas for improving prosecutorial supervision.
Keywords: prosecutorial supervision, environmental law, the Republic of Crimea, environmental protection, environmental legislation.
Article bibliography
1. Statistical form ON “Supervision of the implementation of laws, observance of human and civil rights and freedoms” // Official website of the Prosecutor’s Office of the Republic of Crimea. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/proc_91/activity/statistics/office/result (date of access: 11.09.2024).
2. Ermachenko S. V. Current issues of prosecutorial supervision for the implementation of legislation in the implementation of the national project “Ecology” // Problems of improving prosecutorial activity and law enforcement practice: a collection of articles based on the materials of the VII scientific and practical round table “Problems of preventing violations of environmental legislation”, Irkutsk, November 27, 2020 – Irkutsk: Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2020. – Issue 9. – P. 55-61.
3. The prosecutor’s office in Crimea identified more than 5 thousand violations of legislation in the field of environmental protection and nature management . [Electronic resource]. – Access mode: https://simferopol.bezformata.com/listnews/prokuratura-v-krimu-viyavila-bolee/113897935/ (date accessed: 11.09.2024).
4. Vinokurov A. Yu. On the issue of supervision of the implementation of laws by state environmental supervision bodies // Problems of improving prosecutorial activity and law enforcement practice: a collection of articles based on the materials of the VII scientific and practical round table “Problems of preventing violations of environmental legislation”, Irkutsk, November 27, 2020. – Irkutsk: Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2020. – Issue. 9. – pp. 12-19.
ADMINISTRATIVE LAW
ANDREEV Boris Serafimovich
senior lecturer of Theory of law, constitutional and administrative law sub-faculty of the Irkutsk National Research Technical University
ABRAMITOV Sergey Anatoljevich
Ph.D. in historical sciences, associate professor, associate professor of Theory of law, constitutional and administrative law sub-faculty of the Irkutsk National Research Technical University
DNEPROVSKAYA Marina Anatoljevna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University
LEGAL INTERESTS IN THE CIVIL SERVICE: ON THE ISSUE OF USE OF THE TERM IN REGIONAL LEGISLATION
The article is devoted to the analysis of the use of the category “legitimate interest” in legislative acts regulating issues of the state civil service when regulating the legal status of a state civil servant of a constituent entity of the Russian Federation. Attention is paid to the consideration of the controversial issue of understanding the concept of “legitimate interest”. The current legislative acts regulating the legal status of a state civil servant of a constituent entity of the Federation are analyzed both at the level of federal legislation and at the level of regional legislation. The authors made an attempt to identify problems in the use of the term “legitimate interests” in relation to the state civil service in these legislative acts.
Keywords: legitimate interest, legal status, state civil servant, legitimate interests in the civil service.
Article bibliography
1. Burmistrova S. A. Legitimate interests, subjective rights and freedoms as legal opportunities: the relationship between structure, content and implementation // State and Law. – 2019. – No. 3. – P. 180-187.
2. Maksimov V. A. On the issue of the relationship between the concepts of “legitimate interest”, “interest protected by law”, “legal interest”, “legal interest” // Pravda i zakon. – 2017. – No. 2. – P. 25-28.
3. Malko AV Subjective right and legitimate interest // News of higher educational institutions. Jurisprudence. – 2000. – No. 3 (230). – P. 30-48.
4. Raskotikov IS Evolution of the concept of “interest” in Russian law // Citizen and law. – 2014. – No. 3. – P. 61-70.
5. Subochev VV Legitimate interests and their role in the legal life of Russian society // Law and management. XXI century. – 2012. – No. 1 (22). – P. 10-17.
6. Tsvetkova EA Category of legitimate interest in legal science // Journal of Russian law. – 2016. – No. 3 (231). – P. 37-46.
7. Chernyshov A. V. On the Formation of the Concept of “Legitimate Interest” in Legal Science // Bulletin of the Saratov State Law Academy. – 2020. – No. 1 (132). – P. 45-50.
8. Shepelev D. V. On Understanding the Category of “Legitimate Interest” // Actual Problems of Russian Law. – 2010. – No. 2 (15). – pp. 42-51.
ADMINISTRATIVE LAW
BUDNIKOVA Anastasiya Borisovna
senior lecturer of Administrative law and administrative activity of the department of internal affairs sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
SELECTED ASPECTS OF LEGAL REGULATION OF ADMINISTRATIVE RESPONSIBILITY FOR ILLEGAL DRUG USE UNDER THE LEGISLATION OF RUSSIA AND THE CIS COUNTRIES
This article provides a comparative legal analysis of the legislation of the CIS member states, the author reveals the features of the normative legal regulation of individual aspects of administrative liability for illegal drug use, including issues of proceedings on administrative offenses. The identified differences in the normative legal regulation are proposed to be considered as areas for improving the legislation on administrative offenses.
Keywords: illegal drug use, administrative liability, proceedings on administrative offenses, administrative investigation.
Article bibliography
1. Anisiforova M. V. Conceptual foundations of administrative and legal regulation of drug trafficking: diss. … Doctor of Law: 5.1.2. – M., 2023. – 665 p.
2. Dugenets A.S., Maslennikov M. Ya. Administrative investigation of administrative offenses conducted by police officers // Scientific portal of the Ministry of Internal Affairs of Russia. – 2010. – No. 3 (11). – P. 3-12.
3. Tsukanov N. N. Model law on narcotic drugs, psychotropic substances and their precursors: significance and ways of improvement // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (36). – P. 65-71.
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
ON THE ISSUE OF ADMINISTRATIVE LIABILITY FOR PETTY HOOLIGANISM AT RAILWAY TRANSPORT FACILITIES
Railway transport is a potential place for crimes to be committed. Administrative liability measures play a special role in regulating order and safety in railway transport. Responsibility for petty hooliganism at transport facilities, including railways, is provided for in Article 20.1 of the Code of Administrative Offenses of the Russian Federation.
Due to the specifics of transport itself, a large flow of passengers, various conflict situations may arise, which are expressed in disrespect for other people or a specific person, addressing them with obscene language, offensive behavior, destruction or damage to other people’s property, arising in connection with increased psycho-emotional condition, misunderstanding, hostility or using other motives. Administrative liability measures are an important tool in the mechanism for ensuring public order and public safety in railway transport.
Keywords: administrative offense, administrative liability, petty hooliganism, railway transport, protocol, obscene language, guilty person.
Bibliographic list of articles
1. Kurakin A. V. On the concept and meaning of administrative responsibility in Russian law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 6. – P. 208.
2. Baranov A. N. Linguistic examination of the text. – M .: FLINTA; Science, 2007. – P. 34.
3. Kanunnikova N. G. On the legal characteristics of the objective side of petty hooliganism // Administrative law and process. – 2017. – No. 5. – P. 34.
4. Yakimov A. Yu. Strengthening the role of punishments in administrative-tort law (changes that have occurred and existing problems) // Administrative law and process, – 2019. – No. 10. – P. 45.
5. Zorkin V. E. Public morality as a generic feature of petty hooliganism // Administrative law and process. – 2019. – No. 4. – P. 44-47.
6. Olshevskaya A. V., Popovich O. M. On the issue of subjective features of administrative offenses that infringe on public order and public safety // Actual problems of administrative law and process, – 2019. – No. 4. – P. 41.
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
BILOKON Viktor Petrovich
senior lecturer of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
PREVENTION OF THE INVOLVEMENT OF MINORS IN DESTRUCTIVE, INCLUDING EXTREMIST ACTIVITIES
A number of criminologists and law enforcement officials consider criminal acts committed in the field under study to be the most significant and dangerous crimes that require urgent attention and the use of new methods in preventive and preventive activities. Social injustice in the distribution of material goods within society causes a kind of discomfort in a number of regions of Russia among the most vulnerable segments of the population, which in turn negatively affects the still unformed legal worldview of minors who are influenced by a criminal element trying to involve the latter in illegal, including extremist activities.
Keywords: causes and conditions, minors, destructive activity, extremism, police officers, crime, administrative offense.
Article bibliography
1. Vakulenko N.A., Achkasova M.G. Actual statistical and criminological parameters of modern domestic crime // Jurist-Pravoved. 2022. No. 2 (101). P. 90.
2. Criminology: Textbook for Universities / Ed. by prof. Malkov V.D. 4th ed., revised and enlarged. Moscow: ZAO “Yustitsinform”, 2011. Page 56.
3. Criminology / Ed. by Kudryavtsev V.N., Eminov V.E. 2nd ed. Moscow: Yurist, 1997. Page 76.
4. Federal Law of 23.06.2016 No. 182-FZ “On the Fundamentals of the Crime Prevention System in the Russian Federation” [Electronic resource] // Access from the reference – legal system “Garant”.
5. Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) [Electronic resource] // Access from the reference. -legal system “Garant”.
6. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Delinquency of Minors” [Electronic resource] // Access from the reference -legal system “Garant”.
7. Federal Law of February 7, 2011 No. 3-FZ “On the Police”. [Electronic resource] // Access from the reference -legal system “Garant”.
8. Universal Declaration of Human Rights (adopted by the UN General Assembly on 12/10/1948) [Electronic resource] // Access from the reference. -legal system “Garant”.
ADMINISTRATIVE LAW
MAKSIMOV Sergey Nikolaevich
Ph.D. Law, professor, professor of Jurisprudence sub-faculty of the Sevastopol Institute of Economics and Humanities, branch of the V. I. Vernadsky Crimean Federal University
THE SPECIFICITY OF APPLYING SYNERGETICS METHODOLOGY TO FORM A DYNAMIC MODEL OF ADMINISTRATIVE AND LEGAL PROVISION OF ECONOMIC SECURITY
This article addresses the pressing issue of applying interdisciplinary approaches to studying complex socio-economic systems. The authors focus on the methodology of synergetics and its potential for creating a dynamic model of administrative and legal provision of economic security.
The necessity of using a synergetic approach to analyze processes occurring in the sphere of economic security is substantiated. The authors emphasize that traditional research methods often do not fully account for the nonlinearity and self-organization of systems characteristic of modern economic relations.
The article examines in detail the basic principles of synergetics and their adaptation to the specifics of administrative and legal provision of economic security. The authors propose an original model that allows for considering factors such as: interaction between various economic actors; nonlinearity and unpredictability of economic processes; the role of institutional factors in ensuring security; and the dynamics of changes in the external and internal environment. It is noted that the synergetic approach opens up new perspectives for studying and managing complex systems in the field of economic security. The developed model can be used to develop effective mechanisms of state regulation and increase the resilience of the economy.
Keywords: synergetics, administrative and legal provision, economic security, dynamic model, self-organization.
Bibliographic list of articles
1. Philosophical Dictionary / Ed. by I. T. Frolov; [scientific editors-compilers: P. P. Apryshko, A. P. Polyakov, Yu. N. Solodukhin]. – Publ. 8-, revised. and add. – Moscow: Resp., Sovremennik, 2009. – 845, [1] p.
2. Bogdanov A. A. General organizational science (Tectology). Parts 1-3. – 3rd ed., revised. and add. – L.-M.: Kniga, 1925. [Electronic resource]. – Access mode: https://elib.fa.ru/oldbook/Bogdanov1.pdf/view (date accessed: 11.05.2024).
3. Barsova E. S. Methodological aspects of the study of security in modern society // Theory and practice of social development. – 2012. – No. 10. – [Electronic resource]. – Access mode: https://teoria-practica.ru›-10-2012/politics/barsova.pdf (date accessed: 11.05.2024).
4. Knyazeva E. N., Kurdyumov S. P. Laws of evolution and self-organization of complex systems; Rus. AN. – Moscow: Nauka, 1994. – 229 p.
5. Knyazeva E. N., Kurdyumov S. P. Foundations of synergetics: Regimes with aggravation, self-organization, tempoworlds / Institute of Philosophy. Keldysh Institute of Applied Mathematics of the Russian Academy of Sciences. – Scientific Publishing House – St. Petersburg: Aleteya, 2002. – 414 p.
6. Atamanchuk G. V. Synergetic aspects of public administration // Globalization: synergetic approach / Russian Academy of Public Administration under the President of the Russian Federation. [Electronic resource]. – Access mode: http://spkurdyumov.narod.ru/Rags10.htm#Glob25 (date of access: 09/26/2024).
7. Zinchenko Yu. P. Ideology of tolerance//National Psychological Journal. – 2011 – No. 2 (6). [Electronic resource]. – Access mode: http://www.vash-psiholog.info/nats/20186-metodologicheskie-osnovy-psixologii-bezopasnosti.html date of access: 09/26/2024).
8. Shishkin V. V. Synergetic approach in the theory of law: author’s abstract. dis. … candidate of legal sciences. – Nizhny Novgorod, 2007. – 35 p.
ADMINISTRATIVE LAW
OSETROVA Anna Yurjevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Volgograd Institute of Management, branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
STEPANOVA Ekaterina Vladimirovna
Ph.D. in philological sciences, associate professor of Linguistics and intercultural communication sub-faculty of the Volgograd Institute of Management, branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
LEGAL ASPECTS OF IMPROVING WATER QUALITY AND SUSTAINABLE WATER MANAGEMENT SOLUTIONS IN RUSSIA AND NEIGHBORING COUNTRIES
The protection, reproduction and rational use of natural resources is considered as a necessary condition for ensuring a favorable environment and environmental safety in the Fundamentals of Russia’s Environmental Development and individual strategic planning documents and government programs. In different legal systems of the world, special legal mechanisms have been created for the improvement of water bodies, and special attention is paid to improving the sustainability of water management systems and the renewal of water resources. The authors summarize that the task of restoring water bodies in various states is outlined and solved in the legal field, legal mechanisms for environmental rehabilitation and rehabilitation of water bodies have been worked out to varying degrees or are completely absent. In view of this, the environmental legal policy and water legislation of States should be formed on the basis of the priority of protection and restoration of water bodies and strengthening international cooperation on the management of transboundary water bodies.
Keywords: environmental policy, water law, improvement of water bodies, water resources of Russia.
References
1. Dzhumagulov A. M. Current Problems of formation of Legal Regulation Policy of the Kyrgyz Republic in the International Water Use Sphere // Bulletin of Science and Practice. – 2019. – No. 1. – P. 311.
2. Decree of the President of the Russian Federation dated July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // Collection of legislation of the Russian Federation. – 2021. – No. 27 (part II). – Art. 5351.
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6. Review of the environmental pollution in the Russian Federation for 2022 / Ed.-in-chief G. M. Chernogaeva. – M., 2023. – P. 102.
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ADMINISTRATIVE LAW
PONOMARENKO Anna Alexandrovna
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University, Simferopol
ENVIRONMENTAL QUALITY MANAGEMENT AND REGULATION IN THE ENERGY SECTOR: A LEGAL ASPECT
The article examines the legal aspect of environmental quality management and regulation in the energy sector. The author explores the main problems related to the need to improve environmental legislation and legal regulation of relations in the energy sector. Special attention is paid to the analysis of the functions of law and the role of the regulatory function in ensuring environmental safety. The author emphasizes the importance of creating a system of public relations that corresponds to the legislative framework of responsible environmental management, contributing to the sustainable development of society. The article also discusses various methods of regulating environmental activities, such as administrative, economic and market ones. Special attention is paid to the analysis of legal mechanisms aimed at ensuring environmental safety in the energy sector. The author considers such tools as product quality standards, licensing, certification, payments for negative environmental impact, subsidies and other measures aimed at reducing the negative impact on the environment. The article is of interest to specialists in the field of law, ecology and energy , as well as to anyone interested in environmental protection and sustainable development.
Keywords: ecology, energy, law, regulation, management, environmental quality, sustainable development.
Article bibliography
1. On environmental protection: Federal Law of 10.01.2002 No. 7-FZ (as amended on 08.08.2024) (as amended and add., entered into force on 01.09.2024) // Rossiyskaya Gazeta. 12.01.2002. № 6.
2. Bukas T. V., Buiko L. A. Economics of the organization: a teaching aid for full-time students majoring in economics. BF BGEU, 2012 119 p. [Electronic resource]. – Access mode : https://studopedia.org/2-69769.html (date accessed: 09.09.2024).
3. Studopedia.ru The essence of state regulation. The relationship of state regulation with public administration. [Electronic resource]. – Access mode: https://studopedia.ru/10_259064_sushchnost-gosudarstvennogo-regulirovaniya-sootnoshenie-gosudarstvennogo-regulirovaniya-s-gosudarstvennim-upravleniem.html (date of access: 10.09.2024).
4. Frolov I. T. Philosophical Dictionary / Edited by I. T. Frolov. – 7th ed., revised and enlarged. Moscow: Republic, 2001. [Electronic resource]. – Access mode: http://logic-books.info/sites/default/files/frolov._filosofskiy_slovar.pdf (date of access: 09.09.2024).
5. Decree of the President of the Russian Federation “On the Strategy of Environmental Safety of the Russian Federation for the period up to 2025″ dated 01.04.1996 No. 440. [Electronic resource]. – Access mode: http://static.kremlin.ru/media/acts/files/006.pdf (date of access: 11.09.2024 ).
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7. On the state information system of the fuel and energy complex: federal law of 03.12.2011 . No. 382-FZ. (as amended on 19.10.2023) (as amended and supplemented, entered into force on 01.01.2024) // Collected Legislation of the Russian Federation. 05.12.2011. No. 49 (Part V). Art. . 7060.
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ADMINISTRATIVE LAW
SAVOCHKINA Darya Olegovna
Ph.D. in Law, senior lecturer of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
GOROSHKO Olga Vladimirovna
Ph.D. in Law, lecturer of Administrative law sub-faculty of the Rostov law Institute of MIA of Russia
DEZHURNY Anatoliy Alexeevich
Ph.D. in Law, professor of Administrative law and administrative service activity department sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
ADMINISTRATIVE SUPERVISION AS A MEASURE OF STATE COERCION
The article examines problematic issues of a theoretical and practical nature related to such a measure of state cooperation as administrative supervision. The analysis and comparative characteristics of the concepts of control and supervision are carried out. The signs of administrative supervision and the characteristics of its regulatory and legal consolidation are highlighted and structured. The system of sources of administrative supervision of the police is analyzed. The forms and methods of exercising supervisory powers by police officers are considered.
Keywords: administrative coercion, control, supervision, administrative supervision, executive authority, internal affairs bodies, forms and methods of administrative supervision.
Article bibliography
1. Bibikov M. A. Administrative supervision // World of science. Pedagogy and psychology. 2017. No. 4. P. 22.
2. Popov L. L. Administrative law of the Russian Federations: a textbook for bachelors / Ed. L. L. Popov. Moscow: Prospect, 2015. 568 p.
3. Ravnyushkin A. V. Administrative and police supervision as a means of preventing and neutralizing the dangers and risks of modern society // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2019. No. 3 (74). P. 43.
4. Samoyluk R.N., Vyzulin E.A.K. on the issue of the relationship between the concepts of control and supervision in the administrative activities of the police // Science. Thought: electronic periodical journal. 2016. No. 9. P. 115-116.
5. Chekashkin G. F. Legal basis for control and supervisory activities of the police at the present stage // Problems of law enforcement activities. 2019. No. 3. P. 6.
ADMINISTRATIVE LAW
FEDOROV Alexander Vitaljevich
Ph.D. in Law, associate professor, professor of Administrative law and criminal law disciplines sub-faculty of the Rostov State University of Railway Engineering
SOLOMKO Vladimir Alexandrovich
Ph.D. in Law, lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
NOVICHKOVA Elena Evgenjevna
associate professor of Administrative law and administrative activities sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ISSUES OF SYSTEMIC PREVENTION OF JUVENILE DELINQUENCY
The object of the study is social relations that are formed within the framework of the prevention of juvenile delinquency. The authors emphasize that the problem of deviant behavior of children has an interdisciplinary character, the solution of which requires the search for new legal, psychological and a number of other mechanisms. According to the authors, one of these mechanisms is mediation, which is expressed in relation to minors through restorative practices or school mediation. The study, based on foreign experience, examines the possibility of using mediation procedures in internal affairs bodies, draws conclusions about the need to involve civil society institutions, with this in mind, amendments to the legislation of the Russian Federation are proposed, which will allow in the long term to implement a mechanism of preventive action to reduce juvenile delinquency.
Keywords: police, Ministry of Internal Affairs of Russia, minor, children, offense, prevention, prevention , family, mediation, administrative and tort legislation, proceedings on administrative offenses
Article bibliography
1. Osyak A. N., Pestov R. A ., Shapovalova T. N., Chernobrovkina N. I. Social control as a subject of scientific reflection // Philosophy of Law. – 2017. – No. 3 (82). – P. 137-143.
2. Brovko N.V., Pestov R.A., Rydchenko K.D. Improving regulatory framework in the field of protecting minors from involvement in antisocial acts // Jurist-Pravoved. – 2018 . – No. 2 (85). – P. 113-118.
3. Rydchenko K. D., Pestov R. A. “Children’s curfew” according to regional legislation of the Voronezh and Rostov regions: problems and prospects of legal regulation / / Jurist-Pravoved. – 2014. – No. 2 (63). – P. 53-58.4.
4. Oborotova S. A. Application of mediation technology in resolving family and school conflicts // Pedagogy and psychology of education. – 2016. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-tehnologii-mediatsii-v-razreshenii-semeynyh-i-shkolnyh-konfliktov (date of access: 10.09.2024).
5. Kritskaya M. S. Administrative mediation as a form of public control over police activities // VSU Bulletin. Series: Law. – 2016. – No. 3 (26). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/administrativnaya-mediatsiya-kak-forma-osuschestvleniya-obschestvennogo-kontrolya-za-deyatelnostyu-politsii (date of access: 24.09.2024).
6. Extended meeting of the Collegium of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode http://www.kremlin.ru/events/president/transcripts/deliberations/73770 (date of access: 09.09.2024).
ADMINISTRATIVE LAW
CHELPANOVA Marina Mikhaylovna
Ph.D. in economical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, colonel of police
BILOKON Viktor Petrovich
senior lecturer of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
THE POWERS OF THE DISTRICT COMMISSIONER OF THE POLICE TO PREVENT NEGLECT, HOMELESSNESS, OFFENSES AND ANTISOCIAL ACTIONS OF MINORS
The article characterizes neglect, homelessness, offenses and antisocial actions of minors as objects of preventive activities of internal affairs bodies, analyzes the activities of departments, district police commissioners in the field of prevention of neglect, homelessness, offenses and antisocial actions of minors. The ways of improving the legal status of the organization of the activities of district police commissioners are proposed, taking into account changes in existing normative legal acts.
Keywords: district police commissioner, minors, prevention of offenses, neglect, homelessness, antisocial actions.
Article bibliography
1. On the performance of service by district police commissioners in the administrative area they serve and the organization of this activity: order of the Ministry of Internal Affairs of Russia dated 03/29/2019 No. 205 Garant.ru: website. [Electronic resource]. – Access mode: https://base.garant.ru/72288134/ (date of access: 19.08.2024).
2. On approval of the Instructions for organizing the activities of the juvenile affairs units of the internal affairs bodies of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated 15.10.2013 No. 845 // Garant.ru: website. [Electronic resource]. – Access mode: https://base.garant.ru/70585810/ (date of access: 19.08.2024).
3. Vikhlyaev A. A., Fedorova I. V., Shatkovskaya I. I. Actual issues of improving the activities of district police officers to prevent offenses and neglect among minors // Bulletin of Economic Security. – 2021. – No. 1. – P. 206
4. Report on the results of the activities of the Commissioner for Children’s Rights in the Republic of Crimea for 2023 [Electronic resource]. – Access mode: https://deti.gov.ru/Press-Centr/region-news/12482?ysclid=lzei0xgcoe301250757.
ADMINISTRATIVE LAW
SHESTAK Valentin Sergeevich
Ph.D. in Law, associate professor, professor of Administrative activities the internal affairs bodies sub-faculty of the Donetsk branch of the Volgograd Academy of the MIA of Russia
THE REGULATORY ROLE OF ADMINISTRATIVE LAW IN THE FIELD OF NATIONAL SECURITY
The author of the article, exploring the essence and features of national security as a phenomenon of modern reality, comes to the conclusion that an important place in determining the multidimensional content of this concept has an administrative and legal aspect. The concept of national security and the mechanism for ensuring it is based on a solid foundation of both general theoretical and sectoral research, this category has been in scientific circulation for a long time. When considering the process of formation of the conceptual and categorical apparatus “ensuring national security”, “legal provision of national security”, “administrative and legal provision of national security”, “administrative and public provision of national security”, etc. the author came to the conclusion that without a deep scientific perception of this phenomenon, its legislative consolidation becomes impossible, the development of basic legislative norms that regulate public relations in the process of ensuring the protection of the interests of the individual, society and the state from internal and external threats. During the analysis of the existing legal normsgulating public relations in the field of national security, the author formulated a classification of legal norms in this area. In the process of studying the role of administrative law in regulating public relations in the field of national security, the conclusion is formulated that in modern conditions administrative law should provide new opportunities in terms of ensuring the national security of the state. This industry should take into account, and accordingly reflect in its methods and means of regulation, those modern trends that take place in the field of public administration, which is due to the urgent need to improve it in the direction of developing interaction between the state and society.
Keywords: national security, administrative law, administrative and legal relations, legal provision of national security, administrative and legal provision of national security, state, publicity, threats to national security, law.
Bibliographic list of articles
1. Chetverikov V.S. Administrative law. Series “Higher Education”. – Rostov-on-Don: Phoenix, 204. – 512 p.
2. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language: 80,000 Words and Phraseological Expressions. – M.: Azbukovnik, 1999 . – P. 427.
3. Legal Encyclopedic Dictionary. – M.: Soviet Encyclopedia. 1984. – P. 201.
4. Military Encyclopedic Dictionary. – M.: Military Publishing House. 1983. – P. 496.
5. Barabanova S. V. Administrative and legal support for the constitutional right of citizens to higher professional education in the Russian Federation: Diss. … for the dissertation of Doctor of Law. – M., 2009. – 448 p.
6. Kunyaev N. N. Legal support of national interests of the Russian Federation in the information sphere. – M.: Logos, 2010. – 348 p.
7. Khabrieva T. Ya., Nozdrachev A. F., Tikhomirov Yu. A. Administrative reform: problems and solutions // In the book: “Administrative reform in Russia”. Scientific and practical manual / Ed. S. E. Naryshkin, T. Ya. Khabrieva. – M.: Legal firm “CONTRACT”: INFRA-M, 2006. – P. 11.
8. Polyakova T. A. Legal support of information security in the construction of an information society in Russia: Dis. . .. for the degree of Doctor of Law. – M., 2008. – 438 p.
9. Redkous V. M. Features of administrative and legal support of national security in modern conditions // Law and Right. – 2010. – No. 8. – P. 107-110.
10. Proletenkova S. E., Bykov B. A. Administrative and legal support for economic security: problems and prospects // Administrative law and process. – 2017. – No. 2. – P. 23-26.
11. Redkous V. M. “Administrative and legal support of national security in the member states of the Commonwealth of Independent States”. Dissertation for the degree of academician. senior doctor of law. – M.: RUDN, 2011. – P. 16.
12. Kardashevsky V. V. Administrative, legal and organizational support for the implementation of management decisions by staff units of internal affairs agencies (based on materials from the Main Directorate of Internal Affairs of Moscow): Dis. . … Cand. of Law. – M., 2005.
13. Ryzhak N. I. Legal regulation of the activities of special services in the system of ensuring national security of the Russian Federation: Monograph. 2nd ed., corrected and additional . – M.: EDAS-PAK, 2000. – P. 117.
14. Andrichenko L. V., Bogolyubov S. A., Vasilyeva L. N., Vishnyakov V. G., et al. Legal support security of the Russian Federation / Ed.: Vishnyakov V. G. – M.: Legal. lit., 2005. – 400 p.
15. Avdeev Yu. I. [et al.]. Legal basis for ensuring national security of the Russian Federation: monograph. – M.: UNITY-DANA, 2017. – P. 119- 120.
16. Kozbanenko V. A. Legal support for the status of state civil servants: theoretical and administrative aspects: Diss. … Doctor of Law. – M., 2003. – 598 p.
17. Kikot V. . I. Organizational, legal and information support for the implementation of the personnel policy of the Ministry of Internal Affairs of Russia in the field of personnel training: Diss. … Doctor of Law. – M., 2002. – 428 p.
18. Zhigalina O. S. Legal support activities of customs authorities of the Russian Federation: Diss. … Cand. of Law. – Saratov, 2007. – 180 p.
19. Vershilo N. D. On the issue of state environmental control and supervision // Laws of Russia: experience, analysis, practice. – 2017. – No. 6. – P. 35- 39.
20. Kucherov I. I. Components of financial security and its legal support // Journal of Russian Law. – 2017. – No. 6. – P. 69-79.
21. Melehin A. V. Administratively -legal mechanism for ensuring legality in the field of ecology // Lex Russica. – 2016. – No. 11. – P. 33-45.
22. Sinyugin V. Yu. Administrative and legal support for reforming the management activities of executive bodies of state power: Dis. . … Doctor of Law. – M., 2011. – 412 p.
23. Stakhov A. I. Administrative-public provision of security // Administrative law and process. – 2006. – No. 4. – P. 28-29.
24 . Stakhov A. I. Concept and distinctive features of the prizeoutline of the administrative-legal agreement on ensuring security // Administrative law and process. – 2007. – No. 1. – P. 21-25.
25. Stakhov AI Administrative-public security in the Russian Federation: Dis. … Doctor of Law. – M., 2007. – 429 p.
26. Stakhov AI Administrative-public security in the Russian Federation: monograph / Scientific editor BV Rossinsky. – M .: UNITY-DANA: Law and Law, 2006. – P. 3.
27. Maksimov SN Administrative-legal support of economic security in the Russian Federation: conceptual and methodological aspects: dissertation … Doctor of Law: 12.00.14. – M., 2014.
28. Kikot-Glukhodedova T. V. Administrative and legal support of national security in Russia, the USA and European countries (comparative study), dis. … for the candidate of academic degree. Doctor of Law. specialty. 12.00.14. M., 2019. – P. 13.
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, Simferopol
WAYS TO RESOLVE PROBLEMS ASSOCIATED WITH THE IMPLEMENTATION OF RIGHTS AND DUTIES OF DISTRICT POLICE OFFICERS
The activities of district police officers play a key role in maintaining public order and safety. However, existing working conditions, insufficient resource provision, and constant changes in the social sphere lead to a number of problems that hinder the effective implementation of officers’ powers.
The study identified the main problems hindering the effective work of district police officers, such as: high workload, insufficient material and technical base, insufficient qualifications, poor coordination with other services, and low public trust. Recommendations have been developed to optimize the workload, strengthen the material and technical base, improve qualifications, enhance coordination, and increase public trust.
It has been established that the activities of district police officers require constant improvement. The implementation of the proposed measures will increase the efficiency of their work, strengthen public trust in law enforcement agencies, and ultimately contribute to ensuring public order and safety.
The results of the study can be used to improve the regulatory framework, develop programs for the professional training and retraining of police officers, and to develop measures to improve the efficiency of law enforcement agencies as a whole.
Keywords: district police officers, problems, effectiveness, law enforcement agencies, public order, safety.
Bibliographic list of articles
1. Kuznetsov P.S. Measures of administrative procedural support // Bulletin of the magistracy. – 2020. – No. 4-3. – P. 73-75.
2. The Supreme Court prohibited considering intoxication itself as an aggravating circumstance. [Electronic resource]. — Access mode: https://www.vsrf.ru/press_center/mass_media/29447/ (date of access: 09/14/2024).
3. Order of the Ministry of Internal Affairs of Russia dated March 29, 2019 No. 205 “On the performance of service by district police officers in the serviced administrative area and the organization of this activity” // SPS Garant
4. Formation and development of the institute of district police officers. // [Electronic resource]. — Access mode: https://lektsia.com/8x2b24.html (date of access: 13.09.2024).
5. Code of the Russian Federation on Administrative Offenses of 30.12.2001 No. 195-FZ (as amended on 14.07.2022) (as amended and supplemented, entered into force on 01.09.2022) // SPS Garant.
6. Federal Law “On Police” of 07.02.2011 No. 3-FZ (latest revision) // SPS Garant.
ADMINISTRATIVE LAW
DINISLAMOVA Aiza Zubairovna
adjunct of the Krasnodar University of the MIA of Russia
ON THE ISSUE OF LEGAL REVISION AND CLARIFICATION OF THE INFORMATION TERMINOLOGY APPARATUS IN THE DOMESTIC LEGAL SYSTEM
The article examines the trends in the development of the inter-branch legal terminology apparatus used in regulating information legal relations. The destructiveness of artificial complication and division of basic information and legal terms, the abuse of synonymization of such definitions as “information”, “information resource”, “information environment”, “harmful information” are noted. Based on the study of the norms of information, administrative and criminal legislation, as well as taking into account modern trends in the development of information technology in the context of ongoing foreign policy pressure on the Russian Federation, a proposal is made to conduct a large-scale legal revision of the terminology apparatus of information law, clarifying the basic definitions and ensuring the accuracy of their use in the text of regulationory legal acts.
Keywords: information, information resource, information environment, malicious information, digitalization, information law, administrative law.
Article bibliography
1. Every third crime in 2023 is committed in the IT sphere. Website of the Interfax information group. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/927661 (date of access: 07/20/2024).
2. Streltsov A. A. Information as a general scientific category // Information as an object of research in natural, technical and social sciences: collection of scientific papers. – M., 2001. – P. 6-19.
3. Shevko N. R. Legal status of the concept of “Information” in Russian legislation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 4. – P. 166-168.
4. Lopatin V. N. Information security of Russia: Man. Society. State / Ministry of Internal Affairs of Russia, St. Petersburg University. – St. Petersburg: University, 2000. – 424 p.
5. Rydchenko K. D. Administrative and legal support of information and psychological security by the internal affairs bodies of the Russian Federation: author’s abstract. dis. … for the degree of candidate of legal sciences. – Voronezh, 2011. – 27 p.
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
DEZHURNY Anatoliy Alexeevich
Ph.D. in Law, professor of Administrative law and administrative and service activities of the department of internal affairs sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
TURSKAYA Elena Romanovna
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Administrative law and administrative and service activities of the department of internal affairs sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
MULTIFACTORIAL ANALYSIS AS A METHOD OF STUDYING THE CAUSES AND CONDITIONS CONTRIBUTING TO THE COMMISSION OF VIOLENT OFFENSES IN THE FIELD OF FAMILY AND HOUSEHOLD RELATIONS
At the moment, the Ministry of Internal Affairs of Russia is the main subject of ensuring public order, of course occupies a leading role in integrating civil society into the law enforcement process, which in turn serves as a catalyst for increasing the percentage of citizens who trust the police to protect their safety and gaining the country’s population’s strong trust in the law enforcement system of the state police, which in turn entails an increase in legal culture in the society, timely and effective response to committed offenses, identification and elimination of causes and conditions, contributing to them. Today, the most pressing issues in the activities of internal affairs bodies include increasing the effectiveness of preventive measures against persons on preventive registration, including those who commit offenses in the family and household sphere.
Keywords: causes and conditions, minors, destructive activity, police officers, crime, administrative offense.
Bibliographic list of articles
1. https://gufo.me/dict/epistemology_encyclopedia/%D0%BC%D0%B5%D1%82%D0%BE%D0%B4
2. https://slovarozhegova.ru/?ysclid=ljedmoq5ab492877067
3. https://slovarozhegova.ru/?ysclid=ljedmoq5ab492877067
4. https://slovardalja.net/?ysclid=ljedwqr9me157033773
5. https://fb.ru/article/457482/mnogofaktornyiy-analiz-vidyi-primeryi-metodyi-provedeniya-analiza-naznachenie-i-rezultatyi?ysclid=ljsbxgnczc5229611
6. https://studfile.net/preview/4205182/
7. https://www.elibrary.ru/ip_restricted.asp?rpage=https%3A%
8. Baraz V.R. Correlation and regression analysis of the relationship of commercial activity indicators using the Excel program / Baraz V.R. – Ekaterinburg, 2005. – 103с
ADMINISTRATIVE LAW
NURMUKHAMMADZODA Farhod Jurabek
adjunct of the Faculty of Training Scientific-pedagogical and Scientific Personnel of the V. Ya. Kikot of the Moscow University of the MIA of Russia
ROLE OF ADMINISTRATIVE AND LEGAL REGULATION OF INFORMATION SECURITY POLICY IN LOCAL SELF-GOVERNMENT BODIES IN THE REPUBLIC OF TAJIKISTAN
This article addresses the issues and aspects of improving the administrative and legal regulation of information security policy in local self-government bodies. It emphasizes that despite the decentralization of power, information security in these entities remains a crucial aspect of national information security. The roles of law enforcement agencies in information production are examined, and information threats, such as the dissemination of false information and discrediting of entities online, are identified. The article also underscores the need to define objects for information protection and proposes the development of a concept of information security in local self-government bodies.
Keywords: administrative and legal measures, information security, objects of administrative protection.
Article bibliography
1. Ibodov A.Kh. Information security: new challenges and threats in the process of transition to the information society (Based on the materials of the Republic of Tajikistan): dis. … candidate of political sciences. – Dushanbe, 2015. – 135 p.
2. Kalandarov F. Theoretical concept of information security and its sustainable role in the national security of the Republic of Tajikistan // Bulletin of the Tajik National University. – 2018. – No. 8. – P. 26-30.
3. Makhmadov P. A. The role of information security of political communication in ensuring security (the experience of Tajikistan) // Eurasian Law Journal. – 2016. – No. 1 (92). – P. 223-226.
4. Safiev K. I. Information security of the Republic of Tajikistan in the context of the modern political process: the essence and priorities of its provision: dissertation … candidate of political sciences: 23.00.02; [Place of protection: Tajik National University]. – Dushanbe, 2014. – 147 p.
5. Khalimov D. M. Informatization of society and its security in the information sovereignty of Tajikistan // Bulletin of Culture. – 2017. – No. 3 (39). – P. 93-96.
6. Kholikov F. A. Expansion of information warfare in the modern world and their impact on the national security of the Republic of Tajikistan // International relations and security. – 2023. – No. 3 (7). – P. 54-71.
7. Kholmatov M. M. Institutional aspects of the development of the digital economy of Tajikistan // Tajikistan and the modern world. – 2020. – No. 2 (70). – pp. 136-138.
ADMINISTRATIVE LAW
MARDONZODA Safarmuhammad Rahmatullo
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
ON A NEW APPROACH TO THE ANALYSIS OF MIGRATION LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN
In the article, the author examines modern approaches of scientists related to the analysis of migration processes in the Russian Federation and the Republic of Tajikistan. The interest in the topic is dictated by the relevance of this issue. The author explores the issues of bringing persons to administrative responsibility for violations of migration legislation and expresses his own opinion on possible ways to solve them. The novelty of the article is seen in the author’s view of migration legislation.
Keywords: migration, administrative offenses, administrative responsibility, temporary stay, migration processes.
Article bibliography
1. Zherebtsov A. N., Malyshev E. A. Migration security of the Russian Federation: problems of administrative and legal support // Society and Law. – 2018. – No. 3 (65). – P. 104-113. – EDN XZDJMT.
2. Bezrukov A. V., Iksanov I. S., Isaeva A. A. Legal basis for migration policy in Russia and the European Union // Bulletin of Tomsk State University. – 2021. – No. 467. – P. 225-230. – DOI 10.17223/15617793/467/27. – EDN UHSLJH.
3. Code of the Russian Federation on Administrative Offenses of 30.12.2001 N 195-FZ (as amended on 29.05.2024)
4. Soldatov A. P., Bratanovsky S. N. On improving the legal status of foreign citizens in Russia // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (58). – P. 50-56. – EDN KDNVVH.
ADMINISTRATIVE LAW
PONEZHINA Lyudmila Yurjevna
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
PONEZHIN Mikhail Yurjevich
Ph.D. in Law, associate professor, associate professor of Constitutional and municipal law sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
RETROSPECTIVE CHARACTERIZATION OF THE LEGAL FOUNDATIONS OF THE CIRCULATION OF EDGED WEAPONS
The article provides a historical analysis of the legal foundations of the circulation of cold weapons, which showed that the importance of the sphere of arms trafficking is associated with a potential danger to the life of society, it follows that the legal nature of the administrative and legal regime of weapons is to ensure the protection of rights and interests, at the same time it can be noted that in the legal regulationof the circulation of cold weapons a rudimentary place has been allocated, since cold steel of a concentrated mass (impact-crushing) remains behind the circle of subjects in the normatively fixed terminology.
Keywords: comparative analysis, evolution, regime, mechanism, cold steel, protection of public order.
Article bibliography
1. Butukhanova E. V. Arms smuggling in Russia: history and modernity // Scientific notes of the St. Petersburg branch of the Russian Customs Academy named after V. B. Bobkov. – 2013. – No. 3 (47). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontrabanda-vooruzheniya-v-rossii-istoriya-i-sovremennost (date of access: 24.02.2024).
2. Kulinsky A. N. Russian edged weapons of military, naval and civil officials of the 1800-1917. – St. Petersburg: “MAGIK-PRESS”, 1994. – S. 142.
3. Sumaroka A. M., Stalmakhov A. V., Egorov A. G. Cold and throwing weapons: Forensic examination: Textbook / Ed. A. G. Egorov. – Saratov: Syuri Institute of the Ministry of Internal Affairs of Russia, 2000. – S. 11.
4. Glinkina L. A. Illustrated explanatory dictionary of forgotten and difficult words of the Russian language. – M.: Mir encyclopedii Avanta+, 2008. – P. 284.
5. Myslivets N. L. Memory of the past in the space of the modern city // Sociological almanac. – 2018. – No. 9. – P. 107-113.
6. Sharapov R. D. The concept of weapons as a crime instrument // Journal of Russian law. – 2005. – No. 11. – P. 78.
7. Boytsov A. I. Crimes against property. – St. Petersburg, 2002. – P. 646.
8. Osyak A. N., Pestov R. A., Shapovalova T. N., Chernobrovkina N. I. Social control as a subject of scientific reflection // Philosophy of law. – 2017. – No. 3 (82). – pp. 137-143.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Academy of the FPS of Russia
KASHINTSEVA Irina Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Foreign languages sub-faculty, Deputy Director of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ON THE ISSUE OF THE OBSERVANCE OF CERTAIN CIVIL RIGHTS OF CONVICTS
This article examines the issues of observance of the rights of convicts to intellectual property, as well as their legal aspects in conditions of imprisonment. The legislation regulating the protection of intellectual property rights is analyzed and gaps in its application to this category of citizens are identified. Special attention is paid to practical examples and judicial practice. The article also offers recommendations on improving the protection of intellectual property for the category of citizens in question, which can contribute to their rehabilitation and social adaptation after release.
Keywords: civil legislation, intellectual property, the penal system, convicts, respect for civil rights.
Article bibliography
1. Ananyeva E. O., Frolovskaya Yu. I. Fundamentals of civil law: A tutorial. – Ryazan, 2023. – 338 p.
2. Ananyeva E. O., Makhiboroda M. N. Legal protection of intellectual property: A tutorial for students of higher educational institutions studying in the field of training “Jurisprudence” / (2nd edition, revised and supplemented). – Moscow, 2024. – 119 p.
3. Ananyeva E. O., Ananyev O. G. The right of convicts and the results of intellectual activity in places of deprivation of liberty // Agrarian and land law. – 2024. – No. 4 (232). – P. 191-193.
4. Omsk prisoners opened their own radio station – Rossiyskaya Gazetam. – [Electronic resource]. – Access mode: https://rg.ru/2016/05/05/reg-sibfo/omskie-zakliuchennye-radiostancia.html (date of access: 09/03/2024).
5. Kalina Krasnaya movement and competition – Kalina Krasnaya Tochka ru website. – [Electronic resource]. – Access mode: https://www.kalinakrasnaya.ru/ (date of access: 09/03/2024).
CIVIL LAW
ALEXANDROV Alexander Alexandrovich
magister student of the 2nd course of the program “Legal Regulation in the Sphere of Energy and Natural Resources” of the Higher School of Law and Forensic Science of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate Professor of the Higher School of Law and Forensic Science of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
CRITERIA FOR DETERMINING THE CAPITALIZATION OF REAL ESTATE OBJECTS
The article raises the problem of the insufficiency of the criteria necessary to qualify an object as a capital construction project. The main goal of this work is to identify new criteria for qualifying things as capital construction projects. To achieve this goal, a formal legal method was used to study regulatory legal acts, including building codes and rules, as well as an analysis of materials from judicial practice. The result of the study is to identify new criteria for determining capital, which can be used to improve urban planning legislation.
Keywords: real estate object, criteria of capitalization, law enforcement practice, expertise of object capitalization.
Article bibliography
1. Aseeva M. A., Gleba O. V. Legal regime of capital construction projects: problems of legislative regulation // Agrarian and land law – 2020. – No. 10 (190). – P. 185-189.
2. Zharkova O. A. “Turnover” of a capital construction project // Property relations in the Russian Federation – 2021. – No. 1 (232). – P. 65-75.
CIVIL LAW
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF DIVISION OF COMMON PROPERTY OF SPOUSES
One of the most common problems that are acute between spouses, before or after divorce, is the division of their common property. Disputes related to the division of property are avoided by couples who have entered into a marriage contract. However, in Russia, the practice of concluding a marriage contract is not widespread, and the property acquired by spouses during marriage is recognized as their joint property and is subject to division. Spouses do not often resolve disputes regarding the division of acquired property peacefully. Having failed to reach an agreement on the division of common property, spouses (former spouses) are forced to refer the dispute to the court for resolution.
Keywords: spouses, divorce, joint property, division of common property, marriage contract, dispute, court decision, allocation of share, payment of compensation.
Bibliographic list of articles
1. “Civil Code of the Russian Federation” of 30.11.1994 No. 51-FZ (as amended on 08.08.2024) (date of access: 30.08.24).
2. “Family Code of the Russian Federation” of 29.12.1995 No. 223-FZ (as amended on 31.07.2023) (as amended and supplemented, entered into force on 26.10.2023) (date of access: 30.08.24).
CIVIL LAW
SMIRNOVA Maya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Humanitarian and social-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
BALATSKAYA Yuliya Yurjevna
lecturer of Humanitarian and socio-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
IMPLEMENTATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES IN EMPLOYMENT AND EDUCATION IN RUSSIA AND SWITZERLAND: A COMPARATIVE ANALYSIS
The article provides a comparative analysis of the implementation of the rights of people with disabilities in the Russian Federation and Switzerland in the field of education and employment. Legislative initiatives and their implementation in practice are described. It is noted that programs aimed at supporting people with disabilities improve their quality of life and the level of social justice, create conditions for their integration into public activities, eliminating the possibility of discrimination against disabled people.
Keywords: people with disabilities, supported employment, accessible environment, social protection, education, disabled person, discrimination, inclusive environment, right to work.
Article bibliographic list
1. Convention on the Rights of Persons with Disabilities of December 13, 2006 // IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
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4. Federal Law of May 3, 2012 No. 46-FZ “On Ratification of the Convention on the Rights of Persons with Disabilities” (current version) // IPO “Garant”. [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 09.09.2024).
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10. Balatskaya Yu. Yu., Aleksanova V. A. Features of inclusive communication with deaf and hard of hearing people // Ensuring public safety and combating crime: tasks, problems and prospects: Materials of the V All-Russian scientific and practical conference, Simferopol, May 19, 2023 / Under the general editorship of S. A. Butkevich. – Krasnodar: FGKOU HPE “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2023. – P. 19-22.
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14. Tikhonova S. A. Foreign practice of education of children with disabilities in accordance with the requirements of the UN Convention on the Rights of Persons with Disabilities. – Text: direct // Theory and practice of education in the modern world: materials of the I Int. scientific conf. (St. Petersburg, February 2012). – T. 2. – St. Petersburg: Renome, 2012. – P. 422-427. – [Electronic resource]. – Access mode: https://moluch.ru/conf/ped/archive/21/1618/ (date of access: 09.09.2024).
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CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF CONSENT TO THE USE OF A PATIENT’S IMAGE IN A CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE PLASTIC SURGERY PROFILE
The article analyzes the legal significance of consent to the use of a patient’s image in a contract for the provision of paid medical services in the plastic surgery profile. It has been established that the law prohibits the processing and distribution of photographs containing the patient’s image without his consent. The essence and meaning of the patient’s consent as a condition for the publication and use of his image are revealed. It is justified that the patient’s consent should contain all possible types and forms of using his images. It is noted that it is necessary to obtain the patient’s consent to receive (produce) an image (photography or videotaping) and to use and distribute it. In case of non-compliance with this requirement, the patient has the right to go to court, using the methods provided for by law to protect civil rights. At the same time, if the use of photo and video filming is required during the implementation of medical care, the patient’s consent to their conduct is fixed in the contract for the provision of medical services. In order to reduce the risks of plastic surgery clinics, it is proposed to have two separate forms of consent for photographing: for internal and external use.
Keywords: patient, consent, photograph, image, publication, surgeon, clinic, personal data, medical secrecy, responsibility.
Article bibliography
1. Gushchina Ya. E. Protection of a citizen’s image on the Internet // Law and society: history, problems, prospects. Materials of the XXVI Interuniversity International Scientific and Practical Conference of Students and Postgraduates, dedicated to the 70th anniversary of Krasnoyarsk State Agrarian University. Krasnoyarsk, 2022.
2. Kamensky M. A. A citizen’s right to an image: current problems // Bulletin of the South-West State University. Series: History and Law. 2022. Vol. 12. No. 6.
3. Kovalenko Yu. A. Actual problems of protecting a citizen’s image on the Internet // Law. Society. State: collection of scientific papers of students and graduate students / Ed. E. V. Trofimov. St. Petersburg: St. Petersburg Institute, 2021.
4. Krivogin M. S. Features of legal regulation of biometric personal data // Law. Journal of the Higher School of Economics. 2017. No. 2.
5. Lushina V. E. Illegal use of photographs of citizens posted on the Internet // Bulletin of the Magistracy. 2015. No. 3 (42).
6. Mazaev D. V. Protection of a citizen’s image on the Internet // Bulletin of the Saratov State Law Academy. 2016. No. 6 (113).
7. Mikryukov V. A. On differentiated consent of a citizen to the publication and use of his own image // Law and Economics. 2013. No. 2.
8. Politsyna A. A., Dmitriev R. O. Photographic works and methods of their protection // Skif. Issues of student science. 2019. No. 2 (32).
9. Friedman V. The right to an image: features of legal regulation and methods of protection // Intellectual property. Copyright and related rights. 2019. No. 8.
CIVIL LAW
GAYMALEEVA Aysylu Tagirovna
Ph.D. in Law, Dean of the Law Faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
TO THE QUESTION OF THE CORRELATION OF UNJUST ENRICHMENT WITH OTHER REQUIREMENTS FOR THE PROTECTION OF CIVIL RIGHTS
In the article, the author conducts a comparative analysis of the requirement of unjust enrichment with the requirement to claim property by the owner from someone else’s illegal possession, the requirement to invalidate the transaction and the requirement to cause harm. By examining in detail the characteristics of the compared institutions, it is concluded that they have quite a lot in common. Resolving the key question of the ratio of claims, a conclusion is made about the subsidiary application of the condition and the impossibility of competition of claims. Based on the basic principles of the application of the law, in the presence of a general and special rule, each of which may be applicable to the relevant relationship, a special rule is subject to application.
Keywords: obligation due to unjust enrichment, conditioning, restitution, vindication, tort claim, competition of claims, subsidiarity of the conditioning claim.
Bibliographic list by article
1. Shershenevich G. F. Textbook of Russian civil law. According to the 1907 edition . M.: Spark, 1995. 556 p.
2. Ioffe O. S. Selected works: in 4 volumes. Volume 3 Law of Obligations. SPb.: Publishing House “Legal Center Press”, 2004. 837 p.
3. Civil Law. Textbook. T. 1 / Agarkov M. M., Bratus S. N., Genkin D. M., Serebrovsky V. I., and others; Ed. by: Agarkov M. M., Genkin D. M. M.: Legal Publishing House of the People’s Commissariat of Justice of the USSR, 1944. 419 p.
4. Svirin Yu. A. On Some problems of the institution of condictio in civil law // Modern law. 2015. No. 5. P. 50-53.
5. Novak D. V., Gerbutov V. S. Key problems of obligations from unjust enrichment // Bulletin of the Supreme Arbitration Court Russian Federation. 2014. No. 1. P. 58-95.
6. Novak D. V., Gerbutov V. S. Key issues of obligations from unjust enrichment // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014. No. 1. P. 58 -95.
7. Tuzov D. O. Restitution in case of invalidity of transactions and protection of a bona fide purchaser in Russian civil law. Moscow: Statut, 2007. 206 p.
8. Danilov I. A. Issues of improving civil legislation , regulating relations in the sphere of invalidity of transactions: diss. … candidate of legal sciences. Moscow, 2006. 187 p.
9. Tuzov D. O. Restitution and restitution legal relations in the civil law of Russia // Civilistic research: collection of scientific papers. Works in memory of prof. I.V. Fedorov. Issue 1 / Edited by B. L. Khaskelberg, D. O. Tuzov. Moscow, 2004. Pp. 213-245.
10. Sklovsky K. I. Property in civil law: a textbook for universities. 5th ed., revised and enlarged. Moscow: Yurait Publishing House, 2024. 1016 p.
11. Shestakova L. S. Basic conditions and stages of emergence of conditional obligations in Russian civil legislation // Legal Bulletin of DSU. 2020. Vol. 36. No. 4. Pp. 100-105.
12. Ryasentsev V. A. Obligations arising from the unjustified acquisition or unjustified saving of property // Soviet civil right. Lecture notes / Ed. V. A. Ryasentsev. Moscow, 1973. 404 p.
12. Tolstoy Yu. K. The problem of the relationship between the requirements for the protection of civil rights // Jurisprudence. 1999. No. 2. P. 138 -148.
13. Bozieva Yu. G. Conditional obligations in the system of civil-law obligations: dis. … candidate of legal sciences. Krasnodar, 2003. 204 p.
CIVIL LAW
GALIMKHANOV Ilyas Azatovich
student of the 2nd course of the Faculty of Law of the M. V. Lomonosov Moscow State University
TO THE QUESTION OF THE RELATIVE INVALIDITY OF TRANSACTIONS
The article ponders contentious issues concerning relative invalidity of legal transactions. Historical aspects of legal theory development as well as problems arising from the classical definition of relative invalidity of legal transactions are examined in the publication. The article provides examples of various viewpoints, expressed by Russian and foreign scholars, on the possibility of existence and admissibility of such a category of invalid transactions as relative invalidity of legal transactions (alongside with voidable and void transactions). Numerous examples pertaining to relative invalidity of legal transactions cited in the research paper.
Keywords: invalidity of legal transactions, voidable and void transactions, relative invalidity of legal transactions, protection of creditors, court injunction restraining the disposal of property.
Bibliographic list of articles
1. Beer H. Die relative Unwirksamkeit. – Berlin.: Duncker & Humblot, 1975. – T. 1. – 226 S.
2. Brandis H. Ueber absolute und relative Nichtigkeit // Zeitschrift für Zivilrecht und Prozeßrecht VII. – Linde; Marezol; Schröter, 1834.
3. Japiot R. Des nullites en matiere d’actes juridiques. Essai d’une theory nouvelle. – Paris: Librairie Nouvelle de Droit et de Jurisprudence “Arthur Rousseau”, 1909. III. – 964 p.
4. Kuhlmann F. Relative (einseitige) Unwirksamkeit. – Diss. Marburg, 1936.
5. Mitteis L. Zur Lehre von der Ungültigkeit der Rechtsgeschäfte // Jahrbücher für die Dogmatik des heutigen römischen und deutschen Privatrechts. XXVIII. – Jena, 1889.
6. Motive zu dem Entwurfe eines Bürgerlichen Gesetzbuches für das Deutsche Reich: Allgemeiner Theil. 1. Germany: J. Guttentag (D. Collin), 1888. – 399 pp.
7. Reichmayr H. Die Idee der Gläubigeranfechtung. 1913 // Zeitschrift für deutschen Zivilprozeß (Bd. 44 (1914)). – 651 p.
8. Staudinger J. Staudingers Kommentar zum Bürgerlichen Gesetzbuch, Band I: Allgemeiner Teil (erläutert von Franz Brändl und Helmut Coing), 11 // Aufl., Berlin. 1957. – T. 1.
9. Windscheid B., Kipp T. Lehrbuch des Pandektenrechts, Bd. 2, 8 // Aufl., Frankfurt aM, 1900.
10. Agarkov M. M. The concept of a transaction under Soviet civil law // SGP. – 1946. – No. 3-4. – P. 41-55.
11. Genkin D. M. Relative invalidity of transactions // Bulletin of civil law. – 2014. – Vol. 14. No. 4. – P. 190-220.
12. Civil law: textbook: in 4 volumes. / Ed. Dr. of Law, Prof. E. A. Sukhanov. 3rd ed., revised and enlarged. – Moscow: Statut, 2023. – Vol. 1. – 622 p.
13. Julliot de la Morandiere L. Civil Law of France / Trans. E. A. Fleishits. Vol. 1. – Moscow: Publishing House foreign literature, 1958. – 742 p.
14. Karapetyan A. G., Tuzov D. O. Transactions concluded in contradiction with mandatory norms of the law, in the context of the new version of Art. 168 of the Civil Code of the Russian Federation // Bulletin of Civil Law. – 2016. – Vol. 16. No. 5.
15. Meyer D. I. Russian civil law. In 2 parts. Part 1. – M.: Statut, 1997 [corrected and supplemented 8 -th edition of 1902]. – 290 p.
16. Ryasentsev V. A. Lectures on the topic “Transactions under Soviet civil law” (1st and 2nd) for students of the VYuZI. – M., 1951. – 48 p.
17. Sklovsky K. I. Transaction and its effect (2nd ed.). Commentary on Chapter 9 of the Civil Code of the Russian Federation (concept, types and form of transactions. Invalidity of transactions). – M.: Statut, 2015.
18. Slyshchenkov V. A. Sale and Purchase Agreement and Transfer of Ownership: Comparative Legal Study. – M.: Statut, 2011.
19. Tuzov D. O. Theory of Invalidity of Transactions: Experience of Russian Law in the Context of the European Legal Tradition. – M.: Statut, 2007. – V. 602. – 311 p.
20. Tserkovnikov M. Liability of the seller in case of seizure of goods from the buyer. – Litres, 2022.
21. Shershenevich G. F. Textbook Russian civil law. – M.: Spark, 1995 [based on the 1907 edition]. – 556 p.
22. Enneckerus L. Course of German civil law. T. I. Half-volume 2: Introduction and general part: Per. . from the 13th German edition of 1931 – M.: Foreign Literature, 1950. – 484 p.
23. Lange H. BGB, allgemeiner Teil: ein Studienbuch, 12 // Aufl., München, 1969.
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”
BIG DATA, THE INTERNET OF THINGS, THE DIGITAL MEDICAL PROFILE OF A CITIZEN AND AN ELECTRONIC MEDICAL RECORD IN THE CONTEXT OF LEGAL REGULATION OF HEALTHCARE DIGITALIZATION
The article analyzes the key normative legal acts characterizing the development of national legislation on digital technologies (Internet of Things, digital medical profile of a citizen and electronic medical record). The key advantages of technologies and development trends at the present stage are revealed. It is concluded that legislation on digital technologies is currently being actively formed, there is a noticeable tendency to adopt special legal regimes that expand their application, as well as the implementation of successful foreign regulatory experiences in this area.
Keywords: digital healthcare, Big Data, the Internet of Things, a digital medical profile of
a citizen and an electronic medical card.
Article bibliography
1. Aksenova E. I., Gorbatov S. Yu. Application of Internet of Things
technologies in healthcare // Health of the metropolis. 2021. No. 4. P. 110.
2. Aksenova E. I., Gorbatov S. Yu. Digitalization of healthcare: experience and examples of transformation in healthcare systems around the world. Moscow: State Budgetary Institution “Research Institute of Healthcare of the Moscow Department of Healthcare”, 2020.
P. 5.
3. Bulanova V. S. Information and legal support for the provision of telemedicine services
in the context of digital transformation: dis. … Cand. of Law: 12.00.13 / Bulanova Valeria Sergeevna. Moscow, 2021. P. 142.
4. Grishin S. M. Modern directions of digitalization of healthcare: regulation, problems of implementation and development trends // Comparative legal aspects of legal relations of civil turnover in the modern world. Collection of articles. International Scientific Legal Forum in memory of Professor V.K. Puchinsky. Moscow: RUDN, 2022. P. 61.
5. Demkina A. E. Evolution of digital medicine. World and domestic experience. // Bulletin of Moscow University. Series 21. Management (state and society). 2023. No. 2.
P. 10.
6. Kirillova E. A. Legal status and principles of using big data technology (Big Data) // Russian Justice. 2021. No. 2. P. 68-69.
7. Smirnova K. M. The problem of information security in the context of using the “Internet of Things” in medicine // “Medical Law”, 2019, no. 1. p. 31.
8. Tsvetkova L. A., Cherchenko O. V. Big Data Technology in Medicine and Healthcare in Russia and the World // Doctor and Information Technology. 2016. no. 3. pp. 62-63.
9. Chelysheva N. Yu. Features of Legal Regulation of the Use of Digital Technologies in Healthcare as a Guarantee of Ensuring the Adequate Quality of Medical Services // Law and Digital Economy. 2021. no. 2. p. 18.
10. Shaderkin I. A. Is It Possible to Make a Diagnosis Remotely? // Journal of Telemedicine and Healthcare. 2022. no. 1. p. 78.
11. Elberg P. B. Electronic patient records and innovation in health care services // International Journal of Medical Informatics. 2001. Vol. 64. P. 201–205.
12. Grishin, S. M. Main trends in development and law regulation of electronic health in the European Union / S. M. Grishin, S. V. Odintsov // Cardiometry. – 12/25/2022. – P. 27.
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
THE LEGAL REGIME OF HEATING NETWORKS: DISTRIBUTION OF THE BURDEN OF MAINTENANCE
Within the framework of this article, the doctrine of the proprietary right to heating networks as an object of civil turnover is refracted. Various legal regimes are used to ensure registration of property rights to heating networks in order to determine the most equitable. When solving problems, the analysis of the lege ferenda is given. In addition, the problems of equitable distribution of the burden of maintaining heating networks between the main market participants: heat supply organizations, heating grid organizations, consumers are investigated. As recommendations, proposals are formulated to improve the concept of the methodology for distributing such a burden.
Keywords: principle of good faith, energy, energy supply, energy, protection of civil rights.
Article bibliography
1. Bevzenko R. S. Lease of a part of a thing // Journal of the Russian School of Economics. – 2018. – No. 1.
2. Bevzenko R. S. Land plot with buildings on it: introduction to Russian real estate law [Electronic publication]. – M: M-Logos, 2017. – P. 37.
3. Nebroeva A. A., Savelyev E. D. Legal status of a single real estate complex // Issues of Russian justice. – 2021. – No. 16. – P. 235.
4. Saitov L. I. Development rights (superficies) as a promising tool for a developer // VEPS. – 2020. – No. 1. – P. 79.
CIVIL LAW
ZAGLYADINA Yanina Alexandrovna
postgraduate student of Entrepreneurial law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
GENESIS OF LEGAL REGULATION OF COUNTERACTION TO UNFAIR COMPETITION IN THE FIELD OF ILLEGAL USE OF INFORMATION
The author analyzes the emergence, development, formation of the legal regulation of unfair competition associated with the misuse of information in the domestic legal order. Unfair competition as an independent phenomenon arose at the end of the 19th century due to the emergence of outsiders who attempted to overcome barriers to market entry through the use of unseemly methods, in particular related to the misuse of information. The postgraduate student considers legal acts regulating unfair competition in the field of information in various periods of time, starting from the section 10 bis of the Paris Convention for the Protection of Industrial Property of 1883, ending with the Law on the Protection of Competition, analyzes them. The postgraduate student also notes that in addition to the Law on Protection of Competition, modern legal regulation in the field of unfair competition on the misuse of information is carried out by legal acts belonging to different branches of law and having different legal force. In conclusion, the author made a proposal on the need to improve legislation by expanding the named forms of unfair competition associated with the misuse of information in the era of digitalization.
Keywords: unfair competition, information, defamation, misrepresentation, incorrect comparison, legally protected secret.
Article bibliography
1. Eremenko V. I. New version of the law on competition: achievements and miscalculations // Legislation and Economics. – 2003. – No. 2. – P. 37-46.
2. Kaminka A. I. Essays on commercial law. – St. Petersburg, 1911. – 349 p.
3. Gorodov O. A., Petrov A. V., Shmigelskaya N. A. Unfair competition: a teaching aid / Ed. O. A. Gorodova. – M.: Yustitsinform, 2020. – 324 p.
4. Parashchuk S. A. Prohibition of unfair competitionntions: general and special prohibitions // Business law. – 2023. – No. 2. – P. 2-9.
5. Parashchuk S. A. Concept and types of unfair competition in the draft amendments to the legislation on the protection of competition // Jurist. – 2015. – No. 1. – P. 15-22.
6. Shershenevich G. F. Course in commercial law. – St. Petersburg, 1908. – Vol. II. – 624 p.
7. Shreter V. N. Unfair competition // Collection of articles on civil and commercial law. – Moscow: Edition of the Bashmakov brothers, 1915. – P. 427-455.
8. Yudanov A. Yu. Competition: theory and practice. – M., 1998. – 384 pp.
9. Deutch M. Unfair Competition and the “Misappropriation Doctrine” – A Renewed Analysis // Saint Louis University Law Journal. – 2004. – No. 2. – R. 503-548.
CIVIL LAW
KUDRIN Anton Sergeevich
Ph.D. in Law, associate professor, associate professor of Public administration and history sub-faculty of the Perm National Research Polytechnic University; associate professor of Civil law disciplines sub-faculty of the Perm branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
ON THE ISSUE OF THE DEVELOPMENT OF COLLECTIVE AGREEMENT REGULATION IN RUSSIA: HISTORICAL ASPECTS
The article discusses some issues of the formation of collective contractual regulation in Russia. A number of aspects of the legal regulation of social and labor relations are analyzed. It is noted that collective agreements, depending on the historical stage, played a different role – from the legal and social protection of workers to a way to increase labor productivity. It is concluded that collective agreements and contracts should serve as a legal means of effective social dialogue between employers and employees in order to improve the working and living conditions of employees and ensure the development of social and labour relations.
Keywords: collective agreement, agreement, labour relations, state, evolution.
Article bibliography
1. Arkhipova B. A. Collective agreement and local regulation of labor at state socialist enterprises: author’s abstract. diss. … candidate of legal sciences. Moscow, 1971. P. 8-9.
2. Arkhipova B. A., Pisareva L. N. Collective agreement and trade union committee: manual. M.: Profizdat, 1988. Page 19.
3. The All-Union Communist Party (b) in resolutions and decisions of congresses, conferences and plenary sessions of the Central Committee (1898-1935) / Ed.: V. V. Adoratsky, A. N. Poskrebyshev, M. A. Savelyev, I. P. Tovstukha; Marx-Engels-Lenin Institute under the Central Committee of the All-Union Communist Party (b). – 5th ed., corrected and enlarged. M.: Partizdat, 1936. Page 66.
4. Goncharov A. F. History of the state and law of the USSR: in 2 parts / Ed. G. S. Kalinin. Part 2. M.: Legal Publishing House. lit., 1966. P. 264-265.
5. Kiselev I. Ya. Labor law of Russia. Historical and legal study. M.: INFRA-NORMA, 2001. P. 268-270.
6. Lushnikov A. M., Lushnikova M. V. Course of labor law: Textbook: In 2 volumes. Volume 2. Collective labor law. Individual labor law. Procedural labor law. M.: Statut, 2009. P. 155.
7. Nikolaevsky L. The first contract in Russia // Trade unions and economics. 1992. No. 4. P. 61-64.
8. Soviet labor law / Ed. N. G. Alexandrov. M.: State Publishing House of Legal. lit., 1949. P. 162-165.
9. Tatarnikova S. N. Collective agreement: development, conclusion, control over implementation. M.: Educational and Research Center of the Moscow Federation of Trade Unions, 2013. P. 10.
10. Labor law of Russia / Ed. A. M. Kurennoy. M.: Prospect, 2015. P. 156.
11. Labor law of Russia / Ed. A. S. Pashkov. SPb: Publishing house of St. Petersburg University, 1993. P. 84.
12. Schweitzer D. Collective agreement// Methodical materials of the All-Russian Union of Trade Unions. Issue. 2. M., 1948. P. 34.
13. Shvernik N. M. Tasks of trade unions in light of decisions of the 18th Congress of the All-Union Communist Party (Bolsheviks) // Trade Unions of the USSR. 1940. No. 4-5. P. 5.
CIVIL LAW
MAMAKHANOV Georgiy Sergeevich
postgraduate student of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
FORCE MAJEURE IN THE CONTEXT OF A CONSTRUCTION CONTRACT IN THE CONTEXT OF CHANGING REALITIES: FROM THE COVID-19 PANDEMIC TO ILLEGAL ACTIONS OF UNFRIENDLY COUNTRIES ON THE TERRITORY OF RUSSIA DURING THE SPECIAL MILITARY OPERATION
Nowadays, treaty parties are increasingly confronted with unforeseen circumstances that impede the fulfillment of their obligations. COVID-19 pandemic, which broke out in December 2019, and the resulting restrictions, sanctions of unfriendly countries aimed at weakening the economy of the country, as well as unfriendly military and technical actions – all these factors had a significant impact on the economy, including construction. The protection of rights and legalThe interests of the parties to the contract are of social importance, since it affects all objects of life support of the population. In this regard, it is more important than ever to highlight the facts that the parties may invoke as circumstances of force majeure and the gaps that require attention by the parties when entering into assignment contracts.
Keywords: construction contract, COVID-19 pandemic, sanctions of unfriendly countries, protection of the rights of parties under force majeure, insurmountable force, losses caused by failure to perform obligations, liability of parties.
Article bibliography
1. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation, dated December 1994 – No. 32. – Art. 3301.
2. Budman Sh. I., Pavlodsky E. A. Impossibility of fulfilling obligations in modern contract law // Problems of modern civil law. – M.: Gorodets, 2000.
3. Kuznetsov R. N. Correlation of categories of force majeure and force majeure in Russian civil law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2008. – No. 11.
4. Dzyuba I. A. Limits of possibilities for establishing in the contract conditions on limitation and release from liability // Law and Economics. – 2003. – No. 8.
5. Korshunova N. P. Force majeure: a new look at an old problem // Journal of Russian Law. – 2008. – № 3.
6. Ivanova S. N. Force Majeure Circumstances in Modern Civil Law. Diss. … Cand. Sci. (Law). – 2009.
7. Golovin N. M. The Phenomenon of Force Majeure: Civilistic Research. Diss. … Cand. Sci. (Law). – 2013.
8. Bogdanov D. V. Release from Liability and Its Exclusion in Russian Civil Law. Diss. … Cand. Sci. (Law). – 2012.
9. Skobeleva I. A. Terms of Agreements on Limitation and Exclusion of Liability. Diss. … Cand. Sci. (Law). – 2003.
10. Popov N. V. Theoretical and Practical Issues of Amending and Terminating a Civil Law Contract Due to Changes in Circumstances. Diss. … Cand. of Law. – 2007.
11. Frolov A. I. Emergency situation: civilistic aspect. Dis. … Cand. of Law. – 2013.
CIVIL LAW
MIKHAYLOVA Darya Vadimovna
assistant of Civil law sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg; Head of the Trademark Practice Z&G.Patent
THE CONTENTS OF THE REGISTER OF TRADEMARKS AND SERVICE MARKS AS A WAY TO DETERMINE THE LIMITS OF LEGAL PROTECTION OF TRADEMARKS AND SERVICE MARKS
The article analyzes the register of trademarks and service marks as the only publicly available source of knowledge about the limits of their legal protection. The content of the register is analyzed in order to determine what knowledge it provides about the legal protection of a registered trademark. The author argues for the need to expand the content of registries in order to ensure the implementation of the principles of reliability and publicity of the registry. In particular, the author notes the need for public posting of a textual description of the registered designation, indicating the elements included in it and, if necessary, their transliteration, as well as the type of trademark.
Keywords: trademark, trademark registration, trademark registry, limits of legal protection of trademarks.
Article bibliographic list
1. Novoselova L. A., Grin’ E. S. Principles of state registration of the results of intellectual activity and means of individualization // Lex Russica. – 2019. – No. 7. – P. 9-18.
2. Kolzdorf M. A. Protocol No. 19 of the meeting of the Scientific Advisory Council at the Court for Intellectual Property Rights of the Russian Federation // Journal of the Court for Intellectual Property Rights. – 2018. – No. 21. – P. 7-29.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE EVIDENTIARY VALUE OF A SPECIALIST’S CONCLUSION ON A PREVIOUSLY CONDUCTED FORENSIC MEDICAL EXAMINATION OF A PATIENT’S DISPUTE WITH A PLASTIC SURGERY CLINIC
The article examines the evidentiary value of a specialist’s conclusion on a previously conducted forensic medical examination of a patient’s dispute with a plastic surgery clinic. The concept and consequences of defects in medical care are revealed. It is noted that expert opinions are not without problems, since experts are not without prejudice and may idealize standards of medical care or fail to adequately take into account the context in which medical care was provided. The reasons for the production, the concept, the essence of the review (consultation, explanation) of a specialist for the conclusion of the examination are given. It is established that the main element of the review of the examination is the identification of errors in the expert’s opinion. It is noted that the review by a specialist of the conclusion of a forensic examination is not regulated by law, therefore there is no clarity in understanding the review of the conclusion of a forensic examination and its application as evidence in court proceedings. It is concluded that if a specialist gives advice, making judgments or clarifying questions about the circumstances that are part of the subject of proof in the case, the specialist’s consultation should have the status of evidence. It is proposed to establish normatively that a specialist can be involved in the process to provide a review of the conclusion of a forensic examination.
Keywords: specialist, expert opinion, review, consultation, examination, forensic examination, expert.
Bibliographic list of articles
1. Dyakonova O. G. Expert review of the forensic examination report: concept, essence, regulatory framework // Journal of Russian Law. 2023. No. 4. P. 84-97.
2. Zhukov S. P., Viter V. I . Legal assessment of medical evidence. Izhevsk, 2004.
3. Zernov S. I. On the issue of reviewing an expert’s opinion on claims in civil and arbitration proceedings // Arbitration and civil procedure. 2021. No. 1.
4 . Linev A. N. On the issue of the procedural status of a review of an expert’s opinion // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020. No. 1.
5. Orlov Yu. K. Modern problems of proof and the use of special knowledge in criminal proceedings: scientific .-study guide. M., 2016.
6. Rossinskaya E. R. Code of Administrative Procedure and Problems of Unification of Legislation on Forensic Activity // Administrative Law and Process. 2014. No. 2.
7. Starchikov M. Yu. Civil-legal regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical manual // SPS ConsultantPlus. 2022.
8. Stelmakh V. Yu. Expert opinion in criminal proceedings: legal nature and prospects for use in proof // Electronic supplement to the “Russian Law Journal”. 2017. No. 4.
CIVIL PROCEDURE
PETROV Igor Valentinovich
Ph.D. in economical sciences, professor, professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
DEMENTEEVA Irina Iljinichna
Ph.D. in Law, associate professor, associate professor of Labor and civil law sub-faculty of the Kuban Institute of Socio-Economics and Law (branch) of the Academy of Labor and Social Relations, Krasnodar
CURRENT TRENDS IN THE USE OF DIGITAL TECHNOLOGIES IN CIVIL AND ARBITRATION PROCEEDINGS
The purpose of this work is to identify regulatory gaps in the regulation of electronic evidence. The issues of introducing artificial intelligence, determining the legal status of the presented technology are studied. The authors study the ethical aspects of using AI and compare definitions, including data from the National Strategy for the Development of Artificial Intelligence. The introduction of digital technologies in civil and arbitration proceedings will make a significant contribution to removing the problems of making court decisions in civil cases in a remote format.
Keywords: information technology, artificial intelligence, digitalization, electronic evidence, electronic signature.
Article bibliography
1. Budylin S. L. Electronic message as a document and evidence // Law. – 2014. – No. 10. – P. 45-61.
2. Vekhov V. B. Computer crimes, methods of committing investigation methods. – M., 1996. – 182 p.
3. Kozhich I. S. Digitalization of civil procedure// Young scientist. – 2022. – No. 20 (415). – P. 306-307.
LABOR LAW AND SOCIAL SECURITY LAW
ALIEV Shapi Izievich
Ph.D. in sociological sciences, Ph.D. in Law, associate professor, Head of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ALIEV Ali Shapievich
lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, Makhachkala
SOCIAL PARTNERSHIP AS A FORM OF COOPERATION
Modern society, facing multiple challenges of globalization, economic crises and social inequality, needs new forms of interaction and cooperation. Social partnership becomes a tool capable of solving complex and multifacetedproblems, such as improving working conditions, raising the standard of living of the population, developing education and health. It is important to note that the successful functioning of the social partnership system requires an active and engaged position of all stakeholders, as well as legislative and institutional support.
Social partnership involves interaction between the state, business and civil society. Trust among all stakeholders is a key factor in successful social partnership. To form and maintain it requires transparent interaction, openness in discussions and decision-making, as well as respect for the interests and needs of each party. It is important to consider that social partnership does not have rigid and unified schemes, it is built on flexibility and ability to adapt to changing conditions and the specifics of a particular region or community.
Keywords: institute of social partnership, regulation of social relations, balance, analysis of mechanisms of interaction.
Bibliographic list of articles
1. Balandina T. M., Petrov N. R. Improving social partnership in the context of the current stage of socio-economic development of Russia // Bulletin of the Saratov University. New series. Series: Sociology. Political Science. – 2019. – V. 19. No. 4. – P. 423-426.
2. Barabanov A. Potential of social partnership in modern Russia // Bulletin of St. Petersburg State University. Sociology. – 2019. – Vol. 12. Issue. 3 – P. 78-89.
3. Jakhongir A. B. u. The relationship between social partnership and social justice in the development of civil society // Current scientific research in the modern world. – 2019. – No. 3-6 (47). – P. 120-124.
4. Kazakova S. N. The role of social partnership in solving urgent socio-economic problems // Bulletin of the Moscow Humanitarian and Economic Institute. – 2019. – No. 3. – P. 58-62.
5. Social partnership and social protection of workers: study guide / L. S. Morozova [et al.]. – M .: Alfa-M: INFRA-M, 2018. – 272 p.
LABOR LAW AND SOCIAL SECURITY LAW
VLADIMIROVA Oksana Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SEMENOV Danila Timurovich
cadet of the Samara Law Institute of the FPS of Russia
KADYNTSEVA Mariya Andreevna
cadet of the Samara Law Institute of the FPS of Russia
SUPPORT FOR LARGE FAMILIES: REGIONAL EXPERIENCE
The article is devoted to the analysis of regional support for large families in the Russian Federation, the key aspect of which is the adaptation of state support to local conditions and needs. Large families, as an important element of the social structure, play a central role in the demographic and social policy of the country. Supporting these families not only helps to increase the birth rate, but also stimulates the social and economic development of the regions.
Attention is paid to regional programs of Tatarstan, Bashkortostan and the Penza region, which demonstrate a variety of approaches to solving the problems of large families through social payments, housing initiatives, medical care and educational support. Examples of specific measures aimed at improving the lives of large families are given, and their effectiveness is assessed.
Keywords: large families, regional support, demographic policy, social development, economic development, Tatarstan, Bashkortostan, Penza region, social payments, housing initiatives, medical care, educational support, program effectiveness, long -term demographic development.
Bibliographic list of articles
1. Demographic yearbook of the Republic of Tatarstan. Statistical collection // Tatarstan-stat. – Kazan: Publishing center of Tatarstanstat, 2019. – 159 p.
2. Esina K. S., Yunusbaeva V. F. Measures of social support for large families in the Russian Federation // Conference proceedings of the Research Center Sociosphere. – 2013. – Issue No. 33 . – 178 p.
3. Ildarkhanova Ch. I., Ibragimova A. A. Quality of life of large families (case of the Republic of Tatarstan) // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. Series: Social Sciences. – 2021 . – No. 1 (61). – P. 73-82.
4. Nazarova G. I. State support for large families in the Republic of Bashkortostan // Economy and Society. – 2017. – No. 4 (35). – P. 992-995.
5. Plemyannikova Yu. I. Support for large families in the Penza region // Models, systems, networks in economics, technology, nature and society. – 2013. – No. 3 (7). – P. 276-280.
LABOR LAW AND SOCIAL SECURITY LAW
GORELOV Roman Olegovich
postgraduate student of the Russian State University of Justice
PROBLEMS OF LEGAL REGULATION OF FIXED-TERM EMPLOYMENT CONTRACTS
In this article we will analyze the problems of regulating fixed-term labor relations, the trends in the development of fixed-term labor relations, and their practical application at present. Let’s consider the issues of deterioration of the legal status of an employee performing a labor function under a fixed-term employment contract in comparison with an employee performing the same labor function in homogeneous conditions under an employment contract concluded for an indefinite period and when such situations are possible. Possible adjustments to the labor legislation of the Russian Federation are considered to contribute to the protection of the rights of workers, including categories of citizens in need of increased state protection, improving the legal status of workers, ensuring a balance of labor relations within the framework of fixed-term legal relations.
Keywords: employee, fixed-term employment relationship, protection of employees’ labor rights, employer dominance, abuse of rights, fixed-term employment contract , employer, term.
Article bibliography
1. Abalduev V. A. “Multiple” fixed-term employment relations: how to protect the rights and interests of employees ( experience of Russian justice) // Journal of Russian Law. – 2021. – Vol. 25. No. 4.
2. Batusova E. S. Fixed-term employment contract as a form of atypical employment in Eastern European countries // Law. – 2019. – No. 11.
3. Ershova E. A. Labor law in Russia. – M.: Statute, 2007.
LABOR AND SOCIAL SECURITY LAW
KOZHUKHOVA Galina Stanislavovna
senior lecturer of Civil law sub-faculty of the Rostov branch of the Russian State University of Justice
KOLODKINA Vera Nikolaevna
associate professor of Civil law sub-faculty of the Rostov branch of the Russian State University of Justice, retired judge
ANALYSIS OF SOME CHARACTERISTICS OF TYPES OF EMPLOYMENT CONTRACT
The article discusses some features of the conclusion of fixed-term employment contracts with certain categories of employees. An employment contract, being a key institution of labor law, regulates labor relations from the moment of their occurrence. At the heart of the classification of employment contracts, labor law theorists consider various signs and characteristics, but there is no single classification of contracts. Due to the social and economic changes that are taking place in society, new types of labor relations are emerging. The legislator does not always keep up with the changes taking place in society promptly, therefore, new labor relations are not regulated or are not fully regulated by the norms of law. According to the authors, the appearance of atypical labor relations should not violate existing guarantees of labor rights.
Keywords: employment contract, fixed-term employment contract, the content of the employment contract, the specifics of including an employment contract with certain categories of employees.
Bibliographic list of articles
1. Orlovsky Yu. P. Labor legislation in the twenty-first century // “Law and Economics”. – 2021. – No. 1. [Electronic resource]. – Access mode: http://www.consultant.ru/.
1. Lushnikova M. V., Lushnikov A. M. Course in labor law. Textbook in 2 -x volumes. T. 2. – M.: Statut, 2009. – P. 357.
2. Varshavsky K. M. Labor Law of the USSR. – M.: Legal Literature, 1924. – P. 148. [ Electronic resource]. – Access mode: http://www.consultant.ru/.
3. Bezina A.K., Bikeev A.A., Safina D.A. Individual contractual regulation of labor of workers and employees.- Kazan: Kazan University Publishing House, 1984.
4. Gusov K. N. Labor contracts in labor law during the formation of a market economy: author’s abstract. dis. … for the candidate’s academic degree. Doctor of Law. [Electronic resource]. – Access mode: http://www.consultant.ru/.
5. Tolkunova V. N. Labor law. – M.: Prospect, 2013. – P. 114-115.
6 . Tkachenko S. V., Kudryashov A. V., Tkachenko V. V. Employment contract: theory and practice. – Samara, 2017. [Electronic resource]. – Access mode: http://www.consultant.ru/.
7. Zakalyuzhnaya N.V. Legal regulation of atypical labor relations. Monograph. – M.: Contract, 2013. [Electronic resource]. – Access mode: http://www.consultant.ru/.
TRADE LAW
VASILEVSKIY Ivan Stanislavovich
magister student of the O. E. Kutafina Moscow State Law University (MSAL), FAS Russia, Moscow
OVERCOMING A CORPORATE DEADLOCK COMPLICATED BY THE EQUAL DISTRIBUTION OF SHARES OF THE AUTHORIZED CAPITAL OF A LIMITED LIABILITY COMPANY BETWEEN PARTICIPANTS, BY FORCIBLY EXCLUDING A PARTICIPANT
This article examines the current practice of the Supreme Court of the Russian Federation regarding the resolution of the issue of excluding a founding member from a limited liability company when resolving a corporate conflict (deadlock – from the English deadlock), complicated by the equal division of the authorized capital between two founding members.
The purpose of the study was to determine the approach of the Supreme Court to resolving this situation, determining the methods of proving the need to exclude a member.
The research methods were general and special, such as: synthesis, induction, deduction, analysis, comparison, review of judicial practice, analysis of legislation, interpretation of laws, etc.
The results of the study were the identification of the approach of current judicial practice to resolving the problem of deadlock and methods of proving the validity of excluding a member from the company.
The Supreme Court notes that the main objective of excluding a member from the company is to prevent the preservation of a situation in which other participants are largely deprived of what they had the right to expect when concluding an agreement on the establishment of the company or joining it.
The court also notes that in order to prove the need to exclude a participant, It is necessary to present project documentation of the company’s activities or other documents reflecting the stages of implementation of the statutory goals. In this case, it is necessary to prove the fact that in the event of the participant’s exclusion, the company will be able to carry out the relevant activities.
Keywords: exclusion from LLC, corporate conflict, deadlock, judicial practice, corporate law.
Article bibliography
1. Gutnikov O. V. Exclusion of a participant in a legal entity: measure of responsibility and method of protecting corporate rights // Bulletin of Economic Justice of the Russian Federation. – 2015. – No. 2. – P. 102- 127.
2. Kuznetsov A. A. Exclusion of a participant from a limited liability company. – M.: Statut, 2014.
3. Lomakin D. V. Corporate legal relations: general theory and practice of its application in business entities. – M.: Statut, 2008. – 425 p.
4. Scientific and practical commentary to the Federal Law “On Limited Liability Companies”. Ed. by I. S. Shitkina. – Volume 1 ed. – M.: “ Statute”, 2021. – 622 p.
5. Sikachev M. N. Features of changing and terminating an agreement on the establishment of a legal entity // “Legislation and Economics”. – 2013. – No. 10.
BUSINESS LAW
OSIPOV Alexander Sergeevich
postgraduate student of the 1st course of the O. E. Kutafin Moscow State Law University, Head of the Department of the “State Corporation Deposit Insurance Agency”
LEGAL REGULATION OF CREDIT CORPORATIONS MANAGEMENT DURING THE TEMPORARY ADMINISTRATION PERIOD
The article is devoted to the legal regulation of the management of credit corporations during the period of temporary administration.
Particular attention is paid to the issues of managing credit institutions during the crisis period after the appointment of a temporary administration. The provisions of the law concerning the reduction of the powers of the executive bodies of credit institutions are analyzed. Two alternative consequences have been identified: either the suspension of the powers of the executive bodies or their restriction. The criteria for making such decisions by the Bank of Russia are considered.
An opinion is expressed on the essence of the temporary administration, while the issue of managing credit institutions during the period of temporary administration requires further development in the doctrine, taking into account changes in legislation.
Keywords: credit corporations, temporary administration, powers of executive bodies, suspension of powers, restriction of powers, Bank of Russia, bankruptcy of a credit institution.
Article bibliography
1. Ivanenko N. A. On the issue of appealing the actions (inaction) of the temporary administration of a credit institution // Arbitration and civil procedure. – 2019. – No. 12. – P. 8-13.
2. Ivanenko N. A. Procedural features of bankruptcy of credit institutions : diss. … cand. jurid. sciences. – M., 2020.
3. Kobenya R. R. Legal nature of the temporary administration // Gaps in Russian legislation. – 2019. – No. 4. – P. 145-148.
4. Mogilevsky S. D., Samoilov I. A. Corporations in Russia: legal status and principles of activity: Textbook. manual. – Moscow: Delo, 2006. – 280 p.
5. Popondopulo V. F. Russian system of legislative regulation of relations bankruptcy: status and development trends // Jurist. – 2021. – No.5. – P. 10-16.
6. Tarasenko O. A. Bankruptcy of credit institutions: features and problems of legal regulation // Actual problems of Russian law. – 2016. – No. 8 (69) August. – P. 84-95.
7. Shitkina I. S. Executive bodies of a business entity: monograph. – Moscow: Statute, 2022. – 316 p.
COMMERCIAL LAW
KHANCHUKAEVA Luiza Aptievna
postgraduate student of Business law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PRICE ABUSE OF DOMINANCE BY DIGITAL PLATFORMS OPERATORS
Because of the tendency of increasing amount of price violations of antitrust legislation by platform business owners, the study of the legal aspects of price abuses of a dominant position by digital platforms operators is of particular relevance. Using the example of actions to impose contractual conditions on price parity clause, the author attempts to study the permissible legal limits of the influence of digital platform operators on the pricing of suppliers of goods and services presented on the platform. Based on the results of the study, the author comes to the conclusion that if sellers of goods and services do not have the opportunity to refuse contractual terms that limit the freedom of their pricing, including conditions on price parity, without losing the basic benefits of using a digital platform, the corresponding actions of the digital platform owner should be assessed as anticompetitive, constituting price abuse of a dominant position using digital platforms.
Keywords: dominant position, abuse of dominant position, price abuse, price parity clause, digital platform, digital market.
Article bibliography
1. Alekseenko A.P. Chinese approach to counteracting anticompetitive agreements and abuse of dominant position of e-commerce platforms // Jurist. 2021. No. 8. P. 72-77.
2. Bashlakov-Nikolaev I. V., Maksimov S. V. Resolution of the Plenum of the Supreme Court of the Russian Federation on the application of antimonopoly legislation by the courts: scientific and practical commentary. Moscow: Prospect, 2022. 184 p.
3. Volos A. A. Freedom of contract and its limits in the digital environment // Bulletin of Perm University. Legal sciences. 2024. No. 2. P. 254-273.
4. Egorova M. A. Legal regimes of anticompetitive actions: monograph. Moscow: Yustitsinform, 2021. 244 p.
5. Zhmulina D. A. Electronic commerce through digital platforms: trends and prospects // Competition law. 2023. No. 4. P. 17-19.
6. Kozhemyakin D. V., Mironova S. M. Antimonopoly aspects of the activities of digital platform operators in the gig economy // Law. 2024. No. 3. P. 150-159.
7. Parashchuk S. A. Legal foundations of the state competition policy of Russia // Business law. 2019. No. 2. P. 63-70.
8. Petrov D. A. Legal mechanisms of price and non-price competition // Competition law. 2024. No. 3. P. 22-26.
9. Popondopulo V. F. Pricing as a condition for the formation of market competition // Banking law. 2024. No. 1. P. 57-65.
10. Popondopulo V. F., Petrov D. A., Silina E. V. Problems of Legal Protection of Economic Competition in the Context of Digitalization of the Economy // Competition Law. 2019. No. 3. P. 7-11.
11. 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. Moscow: Yustitsinform, 2024. P. 244. 520 p.
12. Savelyev A. I. Scientific and Practical Article-by-Article Commentary to the Federal Law “On Personal Data”. 2nd ed., revised and enlarged. Moscow: Statut, 2021. 468 p.
13. Kharitonova Yu. S., Sun Qi. Digitalization of Public Relations and the Rule of Law: Experience of Rethinking in Russia and China // Civil Law. 2022. No. 2. Pp. 3-8.
14. Shaikheev T. I. Price Violations of Antimonopoly Legislation // Information and Analytical Journal “Arbitration Disputes”. 2016. No. 4. P. 133-146.
CORPORATE LAW
SMETANIN Anton Igorevich
lawyer, in 2007 graduated from the Faculty of Law of the M. V. Lomonosov Moscow State University
CORPORATE DISPUTE AS A SUBJECT OF COURT PROCEEDINGS: CRITERIA AND ISSUES OF DIFFERENTIATION
In order to determine the rules of legal proceedings applicable to the resolution of a particular dispute, it is necessary to determine its legal nature. When corporate defining disputes, the legislator drew attention to their features and provided a certain list of such disputes, which acts as a guide for law enforcers, however, in order to form a more accurate, broad and practically significant idea of corporate disputes, it is necessary to be based on the essence of relations that precede and are a necessarycondition for the emergence of corporate disputes – corporate relations. Another question is how feasible it is in the case of discrepancies in the regulation of substantive and procedural aspects of this type of cases. The article is aimed at highlighting the legal reality in the procedural regulation of consideration and resolution of corporate disputes in the context of their qualification on the basis of the Russian legislation.
Keywords: corporate disputes, corporate relations, qualification criteria, procedural legislation, substantive legislation.
Article bibliography
1. Andreev V.K., Laptev V.A. Corporate law of modern Russia: monograph. 3rd ed., revised and enlarged. – Moscow: Prospect, 2023. – 432 p.
2. Bonner A.T.K. Marx on the relationship between substantive law and process // Jurisprudence. – 1978. – No. 4. – P. 23-31.
3. Vyalykh E. I. Procedural Features of Consideration of Corporate Disputes in the Russian Federation: dis. … Cand. of Law. – Voronezh, 2018. – 251 p.
4. Gabov A. V., Molotnikov A. E., Glazkova M. E. Jurisdiction of a Corporate Dispute from the Standpoint of Interpretation of the Norms of Substantive and Procedural Law // Legislation. – 2013. – No. 11. – P. 56-71.
5. Civil Procedural Law: textbook: in 2 volumes / T. K. Andreeva, S. F. Afanasyev, V. V. Blazheev et al.; edited by P. V. Krasheninnikov. 2nd ed., revised. and add. – Moscow: Statut, 2022. Vol. 2: Special Part. Proceedings by Individual Categories. – 348 p.
6. Terentyev A. V. Corporate Disputes in Modern Russian Legislation // Electronic Supplement to the Russian Law Journal. – 2019. – No. 3. – P. 69-74.
CORPORATE LAW
TRETYAKOV Roman Vadimovich
postgraduate student of Arbitration process sub-faculty of the Saratov State Law Academy
QUESTIONS OF DEFINITION OF THE CONCEPT OF CORPORATE CONFLICT
This study raises the issue of the modern understanding of the concept of corporate conflict. The purpose of the study is to form a new interpretation of corporate conflict based on the established legal doctrine. The study was conducted through the study of scientific and legal literature and regulatory legal acts. At the same time, the article analyzes existing approaches to defining corporate conflict as a legal phenomenon, and assesses their completeness and validity.
Keywords: corporate conflict, cause of conflict, reason for conflict, corporate control, corporate assets.
Article bibliography
1. Gabov A. V. Interested party transactions in the practice of joint-stock companies: problems of legal regulation [Text]. – M.: Statut, 2005. – 410 p.
2. Danelyan A. A. Corporations and corporate conflicts: dis. … Cand. of Law [Text]. – M., 2006. – 160 p.
3. Dedov D. I. Conflict of interest [Text]. – M., 2004. – 272 p.
4. Makarova O. A. Corporate Law: Textbook [Text]. – M.: Publishing House Yurait, 2023. – 514 p.
5. Nikologorskaya E. I. Settlement of corporate conflicts in shareholder legal relations [Text] // Laws of Russia: experience, analysis, practice. – 2007. – No. 7. – P. 46-51.
ENVIRONMENTAL LAW
KABYSH Natalia Faridovna
Ph.D. in biological sciences, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ECOLOGY IN DAGESTAN: CURRENT STATE AND CURRENT PROBLEMS
The article analyzes the state of the environment and environmental problems of Dagestan. In recent decades, the state of the environment in Dagestan has caused serious concern among both local residents and environmental scientists. The main problems of the region are pollution of reservoirs, land degradation and deforestation. Due to active human activity and insufficient control over compliance with environmental standards, many natural resources of the region are under threat, which can lead to serious environmental and economic consequences. One of the most acute problems is the pollution of rivers and lakes, which is primarily associated with unauthorized discharges of domestic and industrial wastewater. This has a negative impact on the quality of drinking water and the biodiversity of the water areas. Agriculture, which is an important economic sector of Dagestan, also has a significant impact on the ecology of the region. Improper use of land resources, excessive use of fertilizers and pesticides leading to deterioration of soil quality and environmental pollution. It is impossible not to mention the problem of deforestation, which leads to loss of biodiversity and disruption of the ecological balance. Active public participationn and attracting investments in the field of ecotourism can contribute to the preservation of the unique natural landscapes of the region.
Keywords: Dagestan, environment, water pollution, destruction of forests, unique landscapes, environmental problems.
Article bibliography
1. Zalibekov Z. G. Desertification processes and their influence on soil cover. – Moscow: Nauka, 2000. – 178 p.
2. Lepekhina A. A. Flora and vegetation of Dagestan. – Makhachkala, 2002. – 350 p.
3. Magomedov M. R-D. Modern environmental problems of Dagestan // South of Russia: ecology, development. – 2006. – No. 4. – P. 89.
4. Environmental protection in Dagestan. ed. Gadzhiev A.G. – Makhachkala, 1987. – 128 p.
ECOLOGICAL LAW
SMIRNOVA Anastasiya Vladimirovna
postgraduate student of Land and environmental law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia: Deputy chief administrative and legal department of case management Ministry of natural resources and ecology of the Russian Federation
URBAN PLANNING STANDARDS AS A BASIS FOR THE OBSERVANCE OF THE HUMAN RIGHT TO A FAVORABLE ENVIRONMENT
The study is devoted to assessing the impact of urban planning standards in the process of urban planning activities on ensuring a favorable environment in dense urban development. In the work, the author substantiates the need to amend the legislation of the Russian Federation and introduce new approaches to the design of urban planning standards in order to create favorable living conditions.
Keywords: “green” construction, standards of urban planning, urban planning activities, a favorable environment.
Article bibliography
1. Vakula M.A., Umnova-Konyukhova I.A. Environmental law in the 21st century: current problems, challenges and solutions. Monograph. Moscow, RUDN University, 2021.
2. Pakhomov S., Stepashin S., Slutskaya M., Bashmakov I., Bulgakova I., Dzyuba G., Polukhina D., Sivaev S., Kvasha E., Genzler I., Lykova T. Energy efficiency of housing. Opinions // Bulletin of the Accounts Chamber of the Russian Federation: electronic journal. 2023. No. 8. Pp. 68-90.
3. Trunova N. Report on the results of the expert-analytical event “Analysis of factors influencing the increase in energy efficiency of apartment buildings in the context of the global energy transition” // “Bulletin of the Accounts Chamber of the Russian Federation”. 2023. No. 8.
4. Kichigin N. V. Environmental potential of urban planning instruments // Environmental and legal problems of sustainable development of settlements: Abstracts of reports of the scientific and practical conference / Under the general editorship of E. L. Minina. M., 2013. P. 24.
5. Trutnev E. K. Urban regulation. Legal support for urban planning: alternative models of legislation and a program for correcting its errors. M., Institute of Urban Economics. 2019. P. 682.
6. Zhigachev A. V. On the Importance of Urban Development Standards in Urban Development Relations // Information and Legal System “ConsultantPlus”. 2012.
ENVIRONMENTAL LAW
SUKHOVA Elena Alexandrovna
Ph.D. in Law, associate professor of Land and environmental law sub-faculty of the Saratov State Law Academy
ABANINA Elena Nikolaevna
Ph.D. in Law, professor, Head of Land and environmental law sub-faculty of the Saratov State Law Academy
VOLUNTARY CARBON MARKET: MECHANISM OF FUNCTIONING, ADVANTAGES, FOREIGN EXPERIENCE OF LEGAL REGULATION
The article is devoted to the study of development trends, advantages and potential problems of the functioning of voluntary carbon unit markets. The article reveals the categories of carbon markets: mandatory (regulated) and voluntary. The greatest attention is paid to the analysis of the mechanism of functioning of voluntary carbon markets. In order to find the best foreign practices, a study was conducted of the legal and organizational experience of Brazil and India, which are making efforts to finance climate projects and technologies to achieve zero carbon dioxide emissions by 2050. The advantages and disadvantages of modern voluntary carbon markets and their legal support are noted. In conclusion, approaches of foreign countries are defined that can be used as a positive experience that can be used in Russia when forming a voluntary market of carbon units.
Keywords: voluntary carbon market, reduction of greenhouse gas emissions, carbon units, climate project.
Article bibliography
1. Korytsev M.A., Morozov S.A. Greenhouse gas emission trading systems: analysis of international experience and prospects for application in Russia // State and municipalcentral management. Scientific notes. 2023. No. 1. P. 89-96.
2. Skvortsova M. A., Tyaglov S. G. Formation and development of the Russian market of carbon units // Journal of Economic Regulation. 2022. Vol. 13. No. 4. P. 89-98.
3. Reshetnyak D. N., Mokhunov V. Yu., Guly N. I., Stenyakin S. S. Leading standards of voluntary carbon markets for use in Russia // Subsoil use of the XXI century. 2023. No. 3-4. P.15-27
CRIMINAL LAW
ALIEV Shapi Izievich
Ph.D. in Law, Ph.D. in sociological sciences, associate professor, Director of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, Head of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the Dagestan State University, branch in Izberbash
PAYZULAEVA Burliyat Aigumovna
Ph.D. in Law, Deputy Director for Educational Work of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
PECULIARITIES OF APPLICATION OF THE INSTITUTE OF ACTIVE REPENTANCE IN THE NORMS OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article analyzes the peculiarities of application of the institution of active repentance in the norms of the Criminal Code of the Russian Federation. The authors note that one of the key aspects of application of the institution of active repentance is the establishment and verification of sincerity and good faith repentance of a person who committed a crime. Courts and investigative bodies should assess the extent to which the actions of the accused or suspect actually contribute to the establishment of the truth in the case and the elimination of the consequences of the criminal act. For this approach, both material evidence, in addition to the testimony of the repentant person himself or herself, and the reasoned conclusions of investigators and prosecutors are important.
It should be noted that the institution of active repentance in the Criminal Code of the Russian Federation is one of the ways to achieve justice and humanity in criminal proceedings. Implementation of such a legal mechanism promotes greater involvement of citizens in legal processes, strengthening of law and order and stimulates offenders to reconsider their anti-social actions, generating positive changes for both individuals and society as a whole.
Keywords: active repentance, court judgment, legal uncertainty, humanism, improvement of legislation.
Bibliographic list of articles
1. Commentary on the Criminal Code of the Russian Federation (article-by-article) / Ed. A. I. Chuchaeva. – M.: Contract, 2016. – 624 p.
2. Kokhan M. S. The Importance of Active Repentance as a Basis for Exempting a Person from Criminal Liability // Crimean Academic Bulletin. – 2017. – No. 2. – P. 90-98.
3. Knyazkov A. A. Problems of Distinction and Normative Modernization of Conditional and Unconditional Types of Exemption from Criminal Liability // Laws of Russia: Experience, Analysis, Practice. – 2016. – No. 8. – P. 55-60.
4. Protsenko S. V. On the Need to Amend the Rules Governing Exemption from Criminal Liability // Russian Investigator. – 2017. – No. 12. – P. 21-24.
5. Rubanova S. N. Main Directions for Optimizing the Normative Regulation of Notes to Articles of the Criminal Code of the Russian Federation // Society and Law. – 2017. – No. 2. – P. 165-170.
CRIMINAL LAW
ARDASHEV Roman Georgievich
Ph.D. in Law, Ph.D. in philosophical sciences, Head of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty of the Institute of Social Sciences of Irkutsk State University
LESNIKOVA Darya Igorevna
student of the 4th course of Jurisprudence sub-faculty of the Institute of Economics, Management and Law of the Irkutsk National Research Technical University
ON THE ISSUE OF NON-TRADITIONAL METHODS OF SOLVING CRIMES OF THE PAST YEARS
The authors consider the problems of the poor quality of the work of investigators on unsolved crimes of the past years. The pseudoscientific basis of some “non-traditional” methods of crime detection is shown. A critical assessment of the statements of a number of authors about the application of special knowledge in this category of cases is given. Some positive directions for improving the efficiency of crime detection are given.
Keywords: crimes of the past, unsolved crimes, special knowledge, pseudoscience, non-traditional methods.
State Biblegraphical list
1. Samiev N. M. Investigation of unsolved crimes of past years (based on materials from the Republic of Tajikistan and the Russian Federation): specialty 12.00.12 “Criminalistics; forensic activity; operational-search activity”: abstract of a dissertation for the degree of candidate of legal sciences. – Moscow, 2017. – P. 4
2. Protasevich A. A., Obraztsov V. A., Bogomolova S. N. et al. Monologues. Forensic scientists about their science, designed to adequately counter modern crime. – Irkutsk: Irkutsk State. Economic Academy, 1999. – P. 23-27.
3. Kitaeva V. N. The relationship between cruelty to animals and criminal behavior // Legality. – 2007. – No. 12 (878). – P. 42-45.
4. Ishchenko E. P., Vodyanova N. B. Algorithmization of investigative activity: monograph. – Moscow: Yurlitinform, 2010. — 302 p.
5. Shatalov A. S. Problems of algorithmization of crime investigation: specialty 12.00.09 “Criminal procedure”: dissertation for the degree of Doctor of Law. – Moscow, 2000. – 411 p.
6. Protopopov A. L., Ardashev R. G. Issues of using special knowledge in crime investigation: monograph. – Ulan-Ude: Dorzhi Banzarov Buryat State University, 2020. – 252 p.
7. Sokol V. Yu. The Protracted Triumph of Reflection Theory in Domestic Forensic Science: Monograph. – Krasnodar: ASV Polygraphy, 2019. – 324 p.
8. Kitaeva V. N., Kitaev N. N., Ardashev R. G. On the Danger of Pseudoscience Penetration into Forensic Science and Operational-Investigative Activities // Law and Right. – 2016. – No. 7. – P. 168-171.
9. Kruglyakov E. P. “Scientists” from the Highway-2 / RAS, Commission for Combating Pseudoscience and Falsification of Scientific Research. – Moscow: FSUE “Academic Scientific Publishing, Production, Printing and Book Distribution Center “Nauka”, 2006. – P. 96-119.
10. Kitaev N. N., Negreeva M. B., Shenderov V. A. Identification Possibilities of Biomechanical Expertise in Forensic Science // Bulletin of Forensic Science. – 2007. – Issue 2 (22). – P. 61-63.
11. Kitaev N. N. Psychophysiological Expertise – “Illegitimate Child” of the ORD // Legality. – 2007. – No. 3 (869). – P. 37-40.
12. Maltsev V. V. On the Concept of Unconventional Research Methods in Forensic Science // Far Eastern Forensic Readings. – Vladivostok, 1999. Issue 4. – P. 88.
13. Plotkin D. M., Ishchenko E. P. The latest methods of examining material evidence in forensic science: a scientific and practical manual. – Ryazan. 2005. – P. 154-204.
14. Ardashev R. G., Kitaev N. N., Kitaeva V. N. The essence and definition of the concept of “exposure of the guilty” in forensic science // Law and Right. – 2018. – No. 3. – P. 154-156.
15. Ardashev R. G., Arkhipova A. N., Kitaev N. N. The use of the factor of “personal interest” of operatives by the investigator in solving murders “without a corpse” // Law and Right. – 2016. – No. 5. – P. 162-164.
16. Shamurzaev T. T., Ardashev R. G. Activities of law enforcement agencies in searching for missing persons and corpses of victims: monograph. – Bishkek: Kyrgyz-Russian Slavic University, 2022. – P. 43-45.
17. Obraztsov V. A., Bogomolova S. N. Forensic psychology. – Moscow, 2002. – P. 273-299.
18. Kitaev N. N. Hypnosis in forensic science // Legality. – 2004. – No. 6. – P. 55-56.
19. Kitaev N. N., Kitaeva V. N. The use of hypnosis in the search for a human corpse: problematic issues // Law and Right. – 2018. – No. 12. – P. 142-144.
20. Ardashev R. G., Turkova V. N. Problematic issues of non-traditional methods in forensic science // Law and Right. – 2018. – No. 6. – P. 130-131.
21. Arkhipova A. N., Kitaev N. N., Kitaeva V. N. Issues of solving and investigating murders “without a corpse”: monograph. – Irkutsk: Publishing house of IRNITU, 2018. – P. 71-104.
22. Protopopov A. L. Investigation of serial murders. – St. Petersburg: Publishing house of St. Petersburg state. University, 2006. – P. 166.
23. Kitaev N. N. “Forensic psychic” Wolf Messing: truth and fiction / Federal Agency for Education, Baikal state. University of Economics and Law. – Irkutsk: Publishing house BGUEP, 2006. – P. 39.
CRIMINAL LAW
ALIEVA Kamilla Ziyavudinovna
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 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 liability are 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.
Bibliographic list of articles
1. Borzenkova K. Yu. Features of the application of compulsory medical measures // Youth and the XXI century – 2018: materials of the VIII International youth scientific conference, Kursk, February 21-22, 2018 / South-West State University. Volume 3. – Kursk: Closed joint-stock company society “University Book”, 2018. – P. 48-50.
2. Lukoyanov S. V. compulsory medical measures // Current issues of legal science and practice: materials of the III All-Russian scientific and practical conference with student participation, Khabarovsk , May 30, 2022. – Khabarovsk: Pacific State University, 2022. – P. 253-258.
3. Stepashin V. M. Legal basis for the application of compulsory medical measures: the current state of the problem // Bulletin of the Kuzbass Institute. – 2020. – No. 4 (45). – P. 187-194.
4. Titov D. V. Compulsory measures of a medical nature // Actual problems of public law: collection of scientific papers, Vladimir, November 18-19, 2021 / Federal State Budgetary Educational Institution of Higher Education “Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletov”. Volume Issue 15. – Vladimir: CopyA-Service, 2022. – P. 305-308.
5. Shelevaya A.K., Kuznetsova O. V. Application of compulsory medical measures to insane persons // University Science. – 2020. – No. 1 (9). – P. 226-229.
CRIMINAL LAW
GUSEVA Ekaterina Vasiljevna
Ph.D. in psychological sciences, associate professor of Legal psychology, pedagogy and organization of educational work with convicts sub-faculty of the Samara Law Institute of the FPS of Russia
THE LEGAL CONTENT OF THE CONCEPT OF “CONVICTED PERSON”
The article is devoted to the consideration of issues related to the legal content of the concept of “convict”, consideration of the general concept of law, legal norms, criteria determining the inclusion of measures in the system of criminal penalties.
The article considers the implementation of rehabilitation and restorative measures for the freedoms and rights of individuals who have been violated by a criminal and the rehabilitation of public order, coercion of a criminal nature, which is a meaningful measure in relation to criminal liability. The article analyzes the norms of the legal profile, the goals of punishment, which are social results, the achievement of which is regulated by the establishment of a specific punishment in court, the types of punishment that can restrict this type of activity in freedom.
In conclusion, attention is drawn to the fact that the correction of a convicted person implies an awareness of the importance of a citizen.
Keywords: convict, legal norms, norms of the legal profile, goals of punishment, types of punishment correction of the convict.
Article bibliography
1. Ponomarev P. G. Efficiency legal norms governing the application of the main means of correction and re-education of persons sentenced to imprisonment. – M.: Statut, 2017. – 327 p.
2. Stanislavich M. Ya. Criminal-executive law. – M.: Novyi Yurist, 2017. – 469 p.
3. Criminal-executive law: Textbook / Edited by A. I. Zubkov. – M.: NORMA Publishing House, 2016. – 623 p.
4. Ivasenko Ya. S. Education as a factor in successful social adaptation of persons released from places of deprivation of liberty // Legislative support for social adaptation of persons released from places of deprivation of liberty: materials of the round table (Moscow, May 17, 2007). – M., 2017. – P. 10.
CRIMINAL LAW
IDRISOVA Aida Dzhupalavna
Ph.D. in historical sciences, senior lecturer of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, of Legal disciplines sub-faculty of the Dagestan State Pedagogical University, Makhachkala
THE INFLUENCE OF THEOBJECT OF THE CRIME ON THE QUALIFICATION OF CRIMINAL ACTS
The authors of the article aim to provide a criminal legal assessment of the object of the crime and its various types. The article examines the concept of “object of crime”, defines the signs of the corpus delicti, analyzes the problems of crime classification, and presents criteria for the public danger of crimes. It is noted that there is a need to improve criminal law measures to counter criminal manifestations.
Keywords: object of crime, classification of crime, criminal law, corpus delicti.
Bibliographic list of articles
1. Arutyunov A. A. On the issue of causality in criminal law // Bulletin of the Moscow State Pedagogical University. Series: Legal sciences. – 2013. – No. 2 (12). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-prichinnoy-svyazi-v-ugolovnom-prave (date of access: 18.02.2024).
2 . Galachieva M. M., Tomaeva D. M. International peace and security of mankind as objects of criminal-legal protection // Agrarian and land law. – 2023. – No. 4 (220). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodnyy-mir-i-bezopasnost-chelovechestva-kak-obekty-ugolovno-pravovoy-ohrany (date of access: 18.02.2024).
3. Demilkhanov I. The role of the object and consequences in the qualification of crimes // Eurasian Scientific Journal. – 2017. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-obekta-i-posledstviy-v-kvalifikatsii-prestupleniy (date of access: 18.02.2024) .
4. Kozlov S. I. Problematic issues of the object of the crime when qualifying the organization of an extremist community // Science. Society. State. – 2018. – No. 1 (21). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemnye-voprosy-obekta-prestupleniya-pri-kvalifikatsii-organizatsii-ekstremistskogo-soobschestva (date of access: 18.02.2024).
5. Levitsky G. A. In Memory of Nikolai Stepanovich Tagantsev // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2006. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pamyati-nikolaya-stepanovicha -tagantseva (date of access: 18.02.2024).
6. Salakhova Zh. V. Influence of the object and subject of the crime on the qualification of crimes against property // Bulletin of ChelSU. – 2007. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-obekta-i-predmeta-prestupleniya-na-kvalifikatsiyu-prestupleniy-protiv-sobstvennosti (date accessed: 04.05.2024).
7. Cherepanova D. V. The concept of the object of the crime provided for in Article 232 of the Criminal Code of the Russian Federation // Bulletin of the Magistracy. – 2020. – No. 1-4 (100). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-obekta-prestupleniya-predusmotrennogo-statiey-232-uk-rf (date of access: 02.18.2024).
CRIMINAL LAW
ZINCHENKO Nikolay Nikolaevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
THE DEVELOPMENT OF ELECTRONIC PAYMENT SYSTEMS AND THEIR IMPACT ON THE CRIMINAL SITUATION IN RUSSIA
This article examines the growth of non-cash payments and electronic payment systems in the global and Russian context. Great importance is attached to legal regulation, including strategies for the development of the national payment system. The author highlights the role of electronic payment systems in the commission of crimes, emphasizing the need for subsequent legislative regulation of this area. This article focuses on the importance of developing electronic payment systems in compliance with proper legality and regulation to ensure the security and stability of financial transactions.
Keywords: non-cash funds, payment infrastructure, legal regulation, national payment system, electronic money, payment systems.
Article bibliography
1. Varfolomeva V. A., Ivanova N. A. Formation of the national payment systems of the Russian Federation // Journal of Applied Research. – 2021. – P. 57-62.
2. Starzhenetsky V.V., Butyrina V.A., Kuritsyna K.S. Russian anti-sanction regulation: current state and ways of improvement // Law. – 2021. – No. 3. – P. 119-142.
3. Baeva O. B. Electronic money and payment systems // Economics. – 2015. – No. 3 (4). – P. 33-36.
4. Karvai K. V. Modern electronic currency on the example of the electronic payment system WebMoney: characteristics, features, significance. // Bulletin of the Plekhanov Russian University of Economics. – 2013. – No. 6 (60). – P. 63-67.
5. Korchagin O. N. The role and place of electronic payment systems in illegal drug trafficking in the territory of the Russian Federation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2012. – No. 2 (11). – P. 45-52.
CRIMINAL LAW
KORNEV Alexander Sergeevich
Ph.D. in Law, associate professor of Criminal law, process and criminalistics sub-faculty of the Lipetsk branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
PROBLEMS OF USING TERMINOLOGY IN THE FIELD OF ARTIFICIAL INTELLIGENCE
In modern conditions, one of the priority tasks for any state is to ensure the normal and effective development of artificial intelligence systems, as well as the suppression of criminal encroachments on this area. In addition, along with stimulating the development of these technologies, it is important to develop a set of measures aimed at preventing the use of artificial intelligence systems for criminal purposes. At the same time, the implementation of these tasks is impossible without a clear understanding of the essence and content of such a phenomenon as artificial intelligence. In this work, the author examines examples of the use of concepts related to artificial intelligence in various regulatory legal acts. In order to ensure sustainable and effective development of these technologies, including criminal-legal protection of public relations in this area, the need for further improvement of legal regulation in the field of artificial intelligence is noted. In particular, today there is a need to clarify the concept of artificial intelligence in relation to its results, types and characteristics for specific systems and technologies. This, in turn, will allow systematizing the conceptual apparatus in the area under consideration, avoiding ambiguous interpretation and arbitrary application of specific norms.
Keywords: artificial intelligence, criminal law, crimes.
Bibliographic list of articles
1. GOST R 43.0.5-2009. National standard of the Russian Federation. Information support of technology and operator activities. Information exchange processes in technical activities. General provisions (approved and put into effect by the Order of Rostekhregulirovanie dated 15.12.2009 No. 959-st). – [Electronic resource]. – Access mode: SPS ConsultantPlus (date accessed: 16.08.2024).
2. Katunina E. A. What are cognitive functions? – [Electronic resource]. – Access mode: https://neuroreab.ru/article/chto-takoe-kognitivnye-funkczii/ (date of access: 11.08.2024).
3. Verdict of the Kstovsky City Court of the Nizhny Novgorod Region No. 1-25/2024 1- 308/2023 of February 22, 2024 in case No. 1-115/2023. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/aM5NTfvRNg6j/ (date of access: 08/16/2024) .
4. PNST 761-2023. Preliminary national standard of the Russian Federation. Safety in emergency situations. Safe city. Terms and definitions. (approved and put into effect by the Order of Rosstandart dated 06.03.2023 No. 12-pnst). – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
5. Dictionary of a practical psychologist. – M.: AST, Harvest. S. Yu. Golovin, 1998. – [Electronic resource]. – Access mode: https://psychology.academic.ru/554/%D0%B4%D0%B5%D1%8F%D1%82%D0%B5%D0%BB%D1%8C%D0%BD%D0 %BE%D1%81%D1%82%D1%8C (date accessed: 15.08.2024).
6. Explanatory Dictionary of the Living Great Russian Language: In 4 volumes / Dahl V. I. – M .: RIPOL classic, 2006 / Volume 4. R-Ya. – [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Spravochniki/tolkovyj-slovar-zhivogo-velikorusskogo-jazyka-v-i-dalja-bukva-t/ (date of access: 11.08.2024).
7. Decree of the President RF from 10.10.2019 No. 490 “On the development of artificial intelligence in the Russian Federation”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 11.08.2024).
8. Decree of the President of the Russian Federation from 09.05.2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017–2030”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
9. 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”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
10. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
11. Federal Law of 26.07.2017 No. 187-FZ “On the Security of Critical Information Infrastructure of the Russian Federation”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
12. Federal Law of 26.07.2017 No. 187-FZ “On the Security of Critical Information Infrastructure of the Russian Federation”. – [Electronic resource]. – Access mode: SPS ConsultantPlus (date of access: 16.08.2024).
CRIMINAL LAW
LATYPOVA Dinara Mansurovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
MUSALEVA Anna Vladimirovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal Correction System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Correction System of the Federal State Institution “Scientific Research Institute of the Federal Penitentiary Service” of Russia
PROBLEMS OF LEGISLATIVE REGULATION OF CRIMINAL LIABILITY FOR HOSTAGE-TAKING
The article considers the corpus delicti provided for in Article 206 of the Criminal Code of the Russian Federation – hostage-taking, committed including in a correctional institution. The issues of legislative regulation of the norm and its gaps are analyzed. Examining the composition of the crime, attention is drawn to the issues of qualification and determination of the constructive features of the composition. The issues of differentiation of the composition of Article 206 of the Criminal Code of the Russian Federation from related norms are investigated. The qualifying features of the composition are also analyzed, examples of inconsistency of explanations of judicial practice in the resolution of the Plenum of the The Supreme Court of the Russian Federation and the content of the current norm of Article 206 of the Criminal Code of the Russian Federation are given. Amendments to the current criminal legislation are proposed.
Keywords: hostage-taking, violence, correctional institutions, qualification, corpus delicti.
Article bibliography
1. Commentary on individual provisions of the Criminal Code of the Russian Federation in decisions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation (article by article): monograph (Khromov E.V.). – Especially for the GARANT system, 2023.
2. Commentary on the Criminal Code of the Russian Federation (article by article; eleventh edition, revised and supplemented) (collective authors; edited by Doctor of Law G. A. Esakov). – M.: “Prospect”, 2023. – 896 p.
3. Commentary on the Criminal Code of the Russian Federation (collective authors; editor-in-chief Doctor of Law, Professor A. I. Rarog; 13- (Ed., revised and enlarged). – M.: “Prospekt”, 2022. – 992 pp.
CRIMINAL LAW
MALTSEVA Svetlana Nikolaevna
Ph.D. in Law, Head of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia, associate professor of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
THE LEGAL NATURE OF CRIMES AGAINST PUBLIC SAFETY
The purpose of this article is to reveal the legal nature of crimes against public safety. Public safety, as a benefit and value for citizens, society and the state, is one of the main components of national security. The study of statistical indicators indicates that the number of crimes in the field of public security remains high and tends to increase. The growth of this group of crimes is an indicator of the vulnerability of ensuring the safety of citizens and society on the part of law enforcement agencies of the state. The persistence of the current situation in the field of crimes against public safety poses a threat to the sovereignty of the Russian Federation. The unfriendly policy of the NATO member states against Russia is a factor in the growth of terrorist crimes, banditry, and illegal migration. A distinctive feature of a group of crimes against public safety is the scale and breadth of the harm caused by the safe living conditions of society and the state.
Keywords: public safety, public order, public health, social institutions, the state, countering threats.
Article bibliography
1. Decree of the President of the Russian Federation of 02.07.2021 No. 400 . Art. 5.
2. Yusupaliev I.K. Characteristics of crimes against public safety // Agrarian and land law. – 2022. – No. 7 (211). – P. 128-132.
3. Garmyshev Ya. V., Garmyshev V. V. Legal nature of the object of criminal-legal protection of crimes against public safety in the criminal legislation of Russia // Education and Law. – 2022. – No. 10. – P. 334-340.
4. Malkov S. M., Shesler A. V. Crimes against public safety. – Krasnoyarsk, 2022. – P. 22.
5. Selivanovsky D. O. On some aspects of xcharacteristics of the objective side of crimes against public safety related to the violation of special rules // Law and Practice. – 2020. – No. 2. – P. 75.
6. Predein P. Yu. Legislative structures of individual complex crimes // Bulletin of Perm University. Legal Sciences. – 2011. – No. 4. – P. 169-179.
7. Drozhzhina E. A. Public safety as a complex object of crime // Problems of Economics and Legal Practice. – 2015. – No. 2. – P. 86.
CRIMINAL LAW
PIROVA Rena Nizamievna
Ph.D. in historical sciences, associate professor of Economic, legal and general educational disciplines sub-faculty branch of the Dagestan State University in Kizlyar
PROBLEMS OF COMBATING CORRUPTION IN LAW ENFORCEMENT AGENCIES
This article examines the danger of corruption in law enforcement agencies for the national security of the country and how it differs from corruption in other areas. The types of illegal actions committed by corrupt law enforcement officers and their tendency to be prosecuted are analyzed. The causes of corruption and the conditions conducive to its occurrence and spread are established, and measures to combat corruption are proposed.
Keywords: corruption, corruption crime, criminal activity, causes, conditions, spread, threats, prevention, counteraction, countermeasures.
Bibliographic list of articles
1. Aleksandrova L. I. Problems of combating corruption in customs authorities // Corruption: state of combating and directions for optimizing the fight. – M., 2015. – P. 155-161.
2. Mokhov E. A. Corruption in law enforcement and measures to limit it // Corruption: state of combating and directions for optimizing the fight. – M., 2015. – P. 189-194.
3. Koroleva M. V. The role of corruption and criminalization of law enforcement activities // Actual problems of Russian law. – 2009. – No. 1. – P. 32-36.
4. Koroleva M. V. Corruption as a factor in self-determination of crime // Corruption: state of combating and directions for optimizing the fight. – M., 2015. – P. 71-78.
5. Iliy S.K., Pavlovskaya N.V. Status and main problems of combating corruption in law enforcement agencies // Corruption: status of counteraction and directions of optimization of the fight. – M., 2015. – P. 179-189.
6. Smirnov A.Yu. Selfish official crimes committed by employees of internal affairs bodies: criminal-legal and criminological characteristics: author’s abstract. dis. … candidate of legal sciences. – Tomsk, 2010. – 34 p.
CRIMINAL LAW
RODITELEVA Yana Nikolaevna
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodarsk University of the MIA of Russia, lieutenant colonel of police
SEMENOV Sergey Gennadjevich
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
BURLIN Sergey Vladimirovich
lecturer of the Cynology Cycle of the Ufa School of Training Dog Handlers of the MIA of Russia, major of police
ZIMIN Nikita Vladimirovich
adjunct of the Nizhny Novgorod Academy of the MIA of Russia, senior lieutenant of police
THE EXCESS OF THE EXECUTOR IN CRIMINAL LAW: PROBLEMS OF QUALIFICATION AND JUDICIAL PRACTICE
The article explores the concept of the performer’s excess as a key element of complicity in a crime. The authors analyze the differences between quantitative and qualitative excesses, as well as their legal consequences for the participants in the crime. The current difficulties in law enforcement practice related to the definition and qualification of excess, including the variety of approaches in court decisions and the uncertainty of terminology, are considered. The authors emphasize the need to develop clear criteria for evaluating the actions of performers, which will reduce legal risks and ensure a unified practice of applying the law.
Keywords: excess of the perpetrator, qualification of the crime, participation in the crime, quantitative excess, qualitative excess, crime, perpetrator.
Article bibliography
1. Zimin N. . V. Some features of the qualification of the excess of the performer // Law and Right. – 2024. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-osobennosti-kvalifikatsii-ekstsessa- ispolnitelya (date of access: 30.08.2024).NIGMATULLIN Rishat Vakhidovich 2. Ivanova L. V. Signs of excess of the perpetrator of the crime // Vestn. Tomsk. state University. – 2007. – No. 305. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/priznaki-ekstsessa-ispolnitelya-prestupleniya (date of access: 08/30/2024).
3. Mamedov R. A. Some problems of qualification of excess of the perpetrator and other accomplices of the crime // Questions of Russian justice. – 2020. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy -kvalifikatsii-ekstsessa-ispolnitelya-i-other-souchastnikov-prestupleniya (date of access: 30.08.2024).
4. Shatov S. A. Qualification of the excess of the performer. Theory and practice // Law and Right. – 2018. – No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvalifikatsiya-ekstsessa-ispolnitelya-teoriya-i-praktika (date of access: 08/30/2024).
CRIMINAL LAW
NIGMATULLIN Rishat Vakhidovich
Ph.D. in Law, Professor, Head of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
ON THE PROBLEM OF COOPERATION BETWEEN THE BRICS COUNTRIES IN COUNTERING TERRORISM
The BRICS countries have been countering terrorism for a long period. The basis for this is the strong condemnation of terrorism in all its forms and manifestations, without justifying terrorist acts based on ideological, religious, political, racial, ethnic, or other motives. Currently, special attention is being paid to foreign terrorist fighters who pose a threat to many States. The fight against terrorism is carried out on the basis of an anti-terrorist Strategy. The events held during the year of the BRICS presidency of the Russian Federation allow us to speak about the progressive nature of cooperation.
Keywords: BRICS, SCO, CIS, anti-terrorist strategy, foreign terrorist fighters, Afghanistan, Syria, Sahel, deradicalization, resocialization.
Article bibliography
1. Deitch T. L. China’s position in the issue of combating internal and external terrorist threats // Conflictology / Nota Bene. – 2018. – No. 1. – P. 1-11.
2. Kokoshina Z. A. The role of the Shanghai Cooperation Organization in countering terrorism and extremism in the post-Soviet space // Bulletin of Moscow University. Series 25: International Relations and World Politics. – 2017. – Vol. 9. No. 4. – P. 97-123.
3. Nigmatullin R. V. International legal problems of counteracting foreign terrorist fighters // International law as a basis for dialogue and guarantees of peace: Materials of the round table table of the XIX International Congress “Blishchenko Readings”, Moscow, April 15, 2023. – Moscow: Peoples’ Friendship University of Russia, 2024. – P. 262-281.
4. Petrova G.V. New level formats forpolitical and economic integration within the EAEU, CIS, BRICS, SCO: security, investment, law, finance // International cooperation of Eurasian states: politics, economics, law. – 2019. – No. 3. – P. 50-62.
CRIMINAL LAW
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
CRIMINAL LAW CHARACTERISTICS OF CRIMES AGAINST THE PERSON
This article is an analysis and criminal law characterization of crimes against the person. In modern society, issues related to crimes against the person have become relevant and require serious consideration. The article examines the main aspects of this problem, including the types of crimes under consideration, their motivation, social and psychological factors affecting crime.
The article also examines issues related to the detection and punishment of crimes against the person, as well as examines the factors influencing the commission of these crimes.
Finally, the article highlights the importance of further research and the development of more effective strategies to combat crimes against the person in order to ensure justice and security for all members of society.
Keywords: crimes against the person, protection of human and civil rights and freedoms, types of violent crimes, crime prevention, crime prevention.
Article bibliography
1. 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) // Rossiyskaya Gazeta. – 2020. – No. 144 (8198).
2. Criminal Code of the Russian Federation: Federal Law of 13.06.1996 No. 63-FZ: official text as of 04.08.2023 // Collected Legislation of the Russian Federation. – 2023. – No. 50. – Art. 8070.
3. Afanasyeva O. R., Goncharova M. V., Shiyan V. I. Criminology: textbook and workshop for universities. – Moscow: Yurait Publishing House, 2023. – 340 p.
4. Baychorova F. Kh. Trends in Female Crime // Trends in the Development of Science and Education. – 2018. – No. 34-3. – P. 5-8.
5. Vyatkina A. S. The Image of a Modern Female Criminal (based on the materials of the Astrakhan Region) // Caspian Region: Politics, Economics, Culture. – 2018. – No. 3 (24). – P. 16-21.
6. Zhalinsky A. E. Selected Works [Text]: in 4 volumes / Comp. K. A. Barysheva, O. L. Dubovik, I. I. Nagornaya, A. A. Popov; ed. O. L. Dubovik; Nat. Research University “Higher School of Economics”. – M.: Publ. House of the Higher School of Economics, 2015. – 30 p.
7. Naumov A. V. Criminal law in 2 volumes. Volume 1. General part: textbook for universities / A. V. Naumov [et al.]; editors-in-chief A. V. Naumov, A. G. Kibalnik. – 5th ed., revised and enlarged. – Moscow: Yurayt Publishing House, 2023. – 410 p.
CRIMINAL LAW
TRUDOV Ivan Yurjevich
lecturer of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
ON THE QUESTION OF PREVENTION OF CRIME OF MINORS AND THEIR FEATURES
As part of the scientific research, an analysis of juvenile delinquency was carried out, the causes and conditions for committing crimes by minors were determined. Under existing legislation, insufficient attention is paid to an integrated approach to the prevention of juvenile crime. The lack of a clear mechanism of interaction between various government agencies leads to the fact that many adolescents are left without help and control, which creates conditions for the formation of relapse. The lack of professional personnel and a systematic approach only aggravates the problem. This issue should be addressed not only by lawyers, but also by psychologists, sociologists and teachers in order to create an integrated system that will prevent crimes and promote the positive socialization of adolescents. Based on the study, the main directions of preventive work with minors in order to prevent the commission of crimes were identified.
Keywords: juvenile delinquency, causes and conditions of crime, family, neglect, prevention.
Bibliographic list of articles
1. Brazhnikov S.A. Neglect as a factor in juvenile delinquency in the Russian Federation // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – P. 113.
2. Kleiberg Yu. A. Criminal deviation of adolescent and youth groups // Society and Law. – 2019. – No. 11. – P. 145.
3. Kubyakin E. O. The problem of criminalization of youth culture // Bulletin of the Krasnodar Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 10. – P. 42.
ANGLEENVIRONMENTAL LAW
TYUNIN Vladimir Ilyich
Ph.D. in Law, professor, professor of Criminal law sub-faculty of the St. Petersburg University of the MIA of Russia
KIRIKOVA Marina Vladimirovna
lecturer of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
ON THE QUESTION OF SOME SIGNS OF THE OBJECTIVE SIDE OF HOOLIGANISM
The doctrine of criminal law has confidently formed the belief that the objective side of hooliganism is characterized by an act exclusively in the form of an action, and the criminal consequences of this crime are beyond the objective side of the corpus delicti. However, other opinions are expressed regarding the two mentioned signs of the objective side of hooliganism. In the article, the authors analyze various points of view regarding the characteristics of the act and criminal consequences as signs of the objective side of hooliganism, expressing their own opinion on this issue.
Keywords: objective side, deed, action, inaction, criminal consequences, hooliganism.
Article bibliography
1. Borisov S. V. Hooliganism: criminal-legal and criminological aspects. Diss. … Cand. of Law. – M., 2005. – 234 p.
2. Veklenko S. V., Ragozina I. G. Criminal liability for hooliganism: a teaching and practical manual. – Omsk: Omsk Law Institute, 2008. – 61 p.
3. Egorov V. S. Criminal liability for hooliganism. Diss. … Cand. of Law. – M., 2000. – 169 p.
4. Korzhansky N. I. Qualification of hooliganism: a textbook. – Volgograd: Higher School of the Ministry of Internal Affairs of the USSR, 1989. – 56 p.
5. Kosarev I. I. Criminal liability for crimes committed for hooligan motives. Diss. … cand. . jurid. sciences. – M., 2008. – 179 p.
6. Piontkovsky A. A. Soviet criminal law. Volume 2. Special part. – Moscow-Leningrad, 1928. – 428 p.
7. Tsareteli T. V. Causal relationship in criminal law. – Tbilisi: Publishing house of Tbilisi University, 1957. – 276 p.
8. Shinkaruk V. M. Responsibility for hooliganism in Russian criminal law. Diss. … Cand. of Law. – Volgograd, 2002. – 210 p.
CRIMINAL LAW
URUSOV Zamir Khasanovich
Ph.D. in pedagogical sciences, associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of the Department of Scientific Research and Innovation of the H. M. Berbekov Kabardino-Balkarian State University
CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF COMPUTER INFORMATION IN RUSSIA
The article examines the problems of determining criminal liability for crimes in the field of computer information in Russia. Crimes committed in the field of computer information are a pressing issue, since crimes against computer information require increased attention from the state and law enforcement agencies. Crimes committed in the field of computer information have their own specifics, which determines the difficulties in determining the measure of responsibility for crimes committed in the field of information technology. The development of information technology has both positive trends and negative consequences, which include an increase in the number of crimes committed with computer information. Crimes committed in the field of computer information were first defined in the Criminal Code of the Russian Federation. The Criminal Code of the Russian Federation defines articles that regulate crimes in the field of computer technology. A complex problem is determining the subject of criminal acts, since determining criminal acts in relation to information is not only a legal issue, but also a technical one. The correct definition of the subject of criminal acts is the main issue in determining criminal liability for crimes in the field of computer information in Russia
Keywords: computer information, cybercrime, information security, criminal liability, subject, information technology, blocking, legal protection, law enforcement officer.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 08.08.2024).
2. Federal Law “On Communications” of 07.07.2003 No. 126-FZ (latest revision).
3. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest revision).
4. Decree of the President of the Russian Federation dated April 3, 1995 No. 334 “On measures to ensure compliance with the law in the field of development, production, implementation and operation of encryption tools, as well ase provision of services in the field of information encryption” (with amendments and additions).
5. 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”.
CRIMINAL LAW
SHUGAIBOVA Saida Shugaibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
MARIANOV Alikhan Abdulayevich
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State Pedagogical University, Makhachkala
ON THE ISSUE OF THE CONCEPT OF THE INSTITUTION OF ADMINISTRATIVE PREJUDICE IN CRIMINAL LAW IN MODERN RUSSIA
The article analyzes the main provisions concerning the existence of the institution of administrative prejudice in Russian criminal law. Various points of view on the concept of administrative prejudice are considered, norms with administrative prejudice in modern Russian criminal law are classified according to various criteria, normative solutions for criminalizing acts are proposed, problems of applying norms with administrative prejudice in practice are considered.
Keywords: administrative prejudice, criminal law, crime, administrative offense, administrative supervision.
Bibliographic list of articles
1. Bobrovich P. P. Administrative Prejudice in Criminal Law // Criminologist’s Library. Scientific Journal. – 2013. – No. 2 (7). – P. 46-50. – EDN PXWNAV.
2. Doctrinal, Legislative and Judicial Concepts in Modern Criminal Law of Russia in 7 Volumes / Under the scientific editorship of N. I. Chechel. – Stavropol: Publishing House of Saratov State University, 2009. – Vol. 1. – P. 14.
3. Concepts of Development of Russian Legislation / Institute of Legislation and Comparative Law under the Government of the Russian Federation; edited by T. Ya. Khabrieva, Yu. A. Tikhomirov. – Moscow: Publishing House “Eksmo”, 2010. – 732 p. – ISBN 978-5-699-46154-7. – EDN QRUSYJ.
4. Odoev O. S. Administrative prejudice in the criminal law of Russia and the CIS countries. – M.: Jurisprudence Publishing House, 2018.
5. Serkova T. V. Repeated criminal behavior: theoretical and applied research: dis. … candidate of legal sciences. – Nizhny Novgorod, 2016. – P. 163.
6. Khudyakov E. A. Effectiveness of applying norms with administrative prejudice: textbook. manual. – M., 1981. – P. 9.
CRIMINAL LAW
HUSSEIN Anmar Talal Hussein
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
THE LEGAL STATUS OF MINORS IN THE REPUBLIC OF IRAQ: A COMPARATIVE ANALYSIS
The article analyzes the legal status of minors in the Republic of Iraq. A comprehensive study of the norms of national legislation and international law regulating the rights and freedoms of minors, including those related to education and work, is being carried out. Conclusions are drawn about the ineffectiveness of international law, non-compliance with national legislation regarding the labor exploitation of minors, and the impossibility of a number of citizens realizing the right to education.
Keywords: Iraq, rights and freedoms of minors, citizens of the Republic of Iraq, discrimination, gender inequality.
Article bibliography
1. Universal Declaration of Human Rights Adopted by resolution 217 A (III) of the UN General Assembly on 10 December 1948. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml (date of access: 27.11.2023).
2. Convention on the Rights of the Child (New York, 20 November 1989). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/childcon.shtml (date of access: 22.11.2023).
3. Baravi M. V. Mechanisms ensuring international legal security of children in the context of extremism and terrorism in Iraq and Syria // Megatrends of world politics: globalization, polarization, extremism: Collection of materials of the International scientific and practical conference, Moscow, October 26-28, 2022. – Moscow: Moscow State Linguistic University, 2023. – P. 205-210.
4. Report of the UN Secretary-General S/2014/339 of May 15, 2014. [Electronic resource]. – Access mode: https://childrenandarmedconflict.un.org/ru/document/report-of-the-secretary-gener-al-on-children-and-armed-conflict-in-the-syrian-arab-republic/ (date of access: 27.11.2023).
5. Constitution of the Republic of Iraq 2005. [Electronic resource]. – Access mode: https://www.constituteproject.org/constitution/Iraq_2005?lang=ar (date of access: 27.11.2023).
6. Juvenile-welfare-law-Iraq-76-of-1983.pdf. [Electronic resource]. – Access mode: https://juvenilejusticecentre.org/wp-content/uploads/2019/01/juvenile-welfare-law-Iraq-76-of-1983.pdf (accessed on 27.11.2023).
7. Legislative Review of the Draft Law on Child Protection Prepared by the Institute for International Law and Human Rights May 2023. [Electronic resource]. – Access mode: https://iilhr.org/wp-content/uploads/2023/06/ChildProtectionDraft21May23_EN.pdf (accessed on 27.11.2023).
8. Universal Islamic Declaration of Human Rights. [Electronic resource]. – Access mode: https://www.worldislamlaw.ru/?p=2671 (date of access: 06/09/2024).
9. Law No. 118 of 1979 “On Compulsory Education”. [Electronic resource]. – Access mode: http://www.moedu.gov.iq (date of access: 06/09/2024).
10. Law No. 37 of 2015 “On Labor”. [Electronic resource]. – Access mode: http://www.ilo.org/dyn/NATLEX (date of access: 06/09/2024).
11. Save the Children | What We Do | Iraq. [Electronic resource]. – Access mode: https://iraq.savethechildren.net/what-we-do (date accessed: 06/09/2024).
12. Ali Jimad Ammar Raad. Civil (personal) and political rights in the Russian Federation and the Republic of Iran: a comparative legal study: author’s abstract. … master’s dis. – Saratov, 2017. – 25 p.
13. Two million children in Iraq need proper nutrition, education and health care. [Electronic resource]. – Access mode: https://news.un.org/ru/story/2007/12/1117791 (date accessed: 06/09/2024).
14. Kochoi S. M., Hasan H. A. The fight against terrorism in Iraq: legislation and practice // All-Russian Criminological Journal. – 2019. – No. 1. – P. 94-102.
15. Mohammed Abduladhim Nimah Al Khafaji. Constitutional right to education in the Republic of Iraq: problems of implementation // Education. Science. Scientific personnel. – 2019. – No. 4. – P. 71-72.
16. Criminal procedure system of Iraq: monograph / Abdulkarim Fakil Abdulbasit A, P. A. Gusenova, A. D. Nazarov, N. G. Stoyko; scientific. head of the authors’ collective N. G. Stoyko. – Krasnoyarsk: Sib. federal. univ., 2022. – 152 p.
CRIMINAL LAW
KHUTOV Kazbek Muhamedovich
Ph.D. in Law, associate professor, associate professor of Criminal and penitentiary law sub-faculty of the Saratov State Academy of Law, lawyer.
SOME PROBLEMS OF REGULATING CRIMINAL LIABILITY FOR RESTRICTING COMPETITION IN COMMODITY MARKETS
The legislative regulation of criminal liability for restricting competition in commodity markets should make it possible to effectively counteract such a very dangerous phenomenon as criminal monopolism. In this article, the author comprehends the problems of partial decriminalization of the restriction of competition, which occurred due to a change in the values of criminalizing signs and comes to the conclusion that such a step by the legislator had no objective prerequisites.
Keywords: criminal law, criminal monopolism, restriction of competition, partial decriminalization, cartel.
Article bibliography
1. Kinev A. Yu., Tenishev A. P. On criminal liability for cartels // Jurist. – 2017. – No. 1. – P. 7-13.
2. Lopashenko N. A. Crimes in the sphere of economic activity: theoretical and applied analysis: monograph. In 2 parts. Part II. – M.: Yurlitinform, 2015. – 640 p.
3. Chelyshev M. Yu., Talan M. V., Mikhailov A. V. Restriction of competition: inter-branch connections of criminal law and other legal entities // Scientific notes of Kazan University. Humanities. – 2015. – Vol. 157. Book 6. – P. 256-266.
4. Shishko I. V., Derevyagina O. E. Criminal restriction of competition (part 1 of article 178 of the Criminal Code of the Russian Federation): signs of the objective side // All-Russian criminological journal. – 2017. – No. 3. T. 11. – P. 551-561.
CRIMINAL LAW
PISKUR Anastasiya Vladimirovna
postgraduate student of the St. Petersburg University of the MIA of Russia, captain of police
MEASURES TO PREVENT CORRUPTION IN THE INTERNAL AFFAIRS BODIES: PRACTICAL APPLICATION AND PROBLEMS OF IMPLEMENTATION ON THE EXAMPLE OF THE RUSSIAN FEDERATION AND THE KYRGYZ REPUBLIC
The article reveals the main directions of combat and preventing corruption in the internal affairs bodies on the example of the Russian Federation and the Kyrgyz Republic. The appeal to the practical application of the normative legal and organizational foundations of preventive activities in this area allowed us to state the insufficient effectiveness of the implementation of appropriate measures.
The factors contributing to a decrease in the effectiveness of corruption prevention activities in the internal affairs bodies of selected states have been identified: a low level of material and technical support and social guarantees for the activities of police officers, an insufficient level of legal awareness, the closeness of police activities and a kind of official “bail” aimed at non-disclosure and concealment of facts of corruption manifestations. The directions of improving the effectiveness of measures to prevent corruption in the Internal Affairs of the Russian Federation and the Kyrgyz Republic have been developed.
Keywords: internal affairs agencies, corruption, counteraction, prevention.
Article bibliography
1. Baigubatova N. R., Sarmanova B. O. On the issue of corruption-generating factors in the activities of the penal system of the Kyrgyz Republic // Journal of Foreign Legislation and Comparative Law. 2018. No. 4 (71). P. 146-153.
2. Baisalueva E. F., Baisaluev I. S. Anti-corruption measures in the internal affairs bodies // Bulletin of the Chelyabinsk State University. Series: Law. 2021. No. 4. P. 18-22.
3. Jefferson T. On Democracy. SPb: Lenizdat, 1992. 336 p.
4. Is Corruption Getting Worse? Kyrgyzstan Lost 20 Positions in TI Rating [Electronic Resource]. – Access Mode: https://www.transparency.org/ru/press/cpi2023-corruption-perceptions-index-weakening-justice-systems-leave-corruption-unchecked (date accessed: 09/03/2024).
5. Stupina S. A., Karabaev N. A. Some Aspects of the Legal Framework for Combating Corruption: A Comparative Legal Analysis of the Legislation of the Kyrgyz Republic and the Russian Federation // Scientific and Educational Potential of Youth in Solving Actual Problems of the 21st Century. 2020. No. 16. P. 211-216.
6. Sumina E. A., Schmidt A. K. Prevention of corrupt behavior of employees of internal affairs bodies // Legal science. 2019. No. 6. P. 53-56.
7. Corruption Perceptions Index for 2023 [Electronic resource]. – Access mode: https://www.transparency.org/en/cpi/2023 (access date: 09/03/2024).
CRIMINAL LAW
BALABKIN Dmitriy Alexeevich
magister student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
magister student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
MARTINCHUK Nikita Alexandrovich
magister student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ON THE ROLE OF ANTI-CORRUPTION EXPERTISE OF NORMATIVE LEGAL ACTS AND THEIR PROJECTS IN THE ANTI-CORRUPTION SYSTEM
The article discusses issues related to the place and role of anti-corruption expertise of regulatory legal acts in the anti-corruption system, as well as the relationship of laws to each other and their application in practice. According to the authors, the main task of the anti-corruption examination of regulations is to prevent corruption and, even if the act is adopted, it will still follow this task. It is concluded that the role of examination of regulations in the anti-corruption system is increasing.
Keywords: corruption, countermeasures, examination, regulatory legal acts, draft regulations.
Article bibliography
1. Gazizova O. V. Anti-corruption examination // StudNet. – 2020. – No. 12. – P. 1402-1408.
2. Isaev M. A. History of the state and law of foreign countries in 2 volumes. – Vol. 1. Introduction to the history of law. The ancient world: a textbook for universities. – Moscow: Publishing house “Yurait”, 2023. – 423 p.
3. Sazhayeva M. A. On the issue of the system of combating crime (corruption) // Law and Right. – 2018. – No. 7. – P. 115-117.
4. Tatishvili T. M. Anti-corruption expertise in the system of measures to combat and prevent corruption // Law and modern states. – 2013. – No. 3. – P. 41-48.
CRIMINAL LAW
HUYNH Huu Tinh
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Patrice Lummba People’s Friendship University of Russia; senior lecturer of the People’s Security University, Ministry of Public Security, Vietnam
SOME RESTRICTIONS IN THE CRIMINAL LEGISLATION OF VIETNAM REGARDING ILLEGAL SENTENCES AND RECOMMENDATIONS FOR IMPROVEMENT
The issuance of illegal sentences falls under the group of crimes that infringe upon judicial activity, as stipulated in by the Criminal Code of the Socialist Republic of Vietnam in 2015. Although these substantiated scientific provisions of the previous Criminal Code of the Socialist Republic of Vietnam of 1999, the practical situation in Vietnam, but the issuance of an illegal sentence in the current criminal code stillhas some restrictions in the provisions of criminal law. These restrictions lead to a lack of uniformity in application, as well as difficulties in applying this crime in practice. The article notes some of the shortcomings of this crime and suggests directions for their improvement.
Keywords: crime, abusive sentencing, infringement of judicial activities, Criminal code of Vietnam 2015.
Bibliographic list of articles
1. Criminal Code of the Socialist Republic of Vietnam 2015
2. Criminal Code of the Socialist Republic of Vietnam 1999
3. Criminal Procedure Code of the Socialist Republic of Vietnam 2015
4. Regulation No. 04-HDTPTANDTC/NQ dated 29 November 1986. The Council of Judges of the Supreme People’s Court on the instructions for the application of a number of sections of the Criminal Code.
5. Hanoi Law University. Textbook Criminal Law. Volume 2. Hanoi: Publishing House. People’s Police.
6. Dinh Van Que. Scientific Commentary on the Criminal Code. Volume 10.
7. Bui Duc Bang (2013). Some Theoretical and Practical Issues of Illegal Sentencing in Vietnamese Criminal Law. Master’s Thesis. Faculty of Law, Hanoi National University.
CRIMINAL PROCEDURE
ABDURAKHMONOV Davron Amonovich
postgraduate student of P. M. Davydov judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
INTERACTION OF AUTHORIZED BODIES IN THE IMPLEMENTATION OF INTERNATIONAL COOPERATION IN CRIMINAL CASES OF AN ECONOMIC NATURE IN THE CURRENT REALITIES (USING THE EXAMPLE OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN)
This article is devoted to the current problems of international cooperation in the investigation and prevention of economics at the current stages of development of Russia and crimes Tajikistan. The author analyzed the work of individual competent bodies on international cooperation in the current realities. The fundamental principles on which the interaction of countries in the fight against transnational crime in the economic sphere is based, both generally accepted and enshrined in the legislation of Russia and Tajikistan, are studied. Having analyzed these principles, the author identified current problematic aspects of international cooperation in the field of combating transnational crime. Taking into account the sanctions imposed by foreign states against Russia, the author proposed possible options for their solution by amending the Criminal Procedure Code of the Russian Federation in order to improve the interaction between countries in the framework of international cooperation in criminal matters.
Keywords: Criminal Procedure Code, criminal procedure, criminal procedural law, international cooperation, extradition, legislation.
Bibliographic list of articles
1. Kudratov N. A., Abdulloev P. S., Akhmedzhonov I. G. International legal cooperation in criminal, civil and arbitration cases: collection of international documents. – Dushanbe, 2013. – 463 p.
2. Abdulloev P. S. International cooperation in the field of criminal procedure of the Republic of Tajikistan. Application of international legal acts. – M., 2013. – 504 p.
3. Mikheenkova M. A. International cooperation in the field of criminal proceedings // Course of criminal procedure / Under ed. Doctor of Law, Professor L. V. Golovko. – M., 2016. – P. 1254-1255, 1275.
4. Korolev G. N. The doctrine of criminal procedural activity of the prosecutor. Book one. – N. Novgorod, 2004. – P. 133-141.
5. Sattorov A. A. Legal basis for international criminal-procedural cooperation of the police of the Republic of Tajikistan // Works of the Academy of the Ministry of Internal Affairs of the Republic of Tajikistan. – 2011. – No. 1 (15 ). – P. 58.
6. Iskandarov, Z. Kh., Makhmudov, I. T., Abdulloev, P. S. Development of criminal procedure legislation during the period of development of state independence // 30 years of state independence and development legal system of Tajikistan (in Tajik). – Dushanbe, 2021. – P. 133.
7. Abdulloev P. S. International legal assistance in collecting and verifying evidence in criminal cases (Criminal Procedure Code of the Republic of Tajikistan): author’s abstract . diss. … candidate of legal sciences. – M., 2014. – P. 13-14.
8. Klimova A. N. On the issue of the concept and characteristics of entrepreneurial activity // Bulletin of Kostroma State University. – 2016. – No. 6. – P. 182.
9. Shalagin A. E., Grebenkin M. Yu. Criminological and criminal-legal characteristics of crimes against property // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 4. – P. 81.
10. Shalagin A.E., Grebenkin M.Yu. Criminological and criminal-legal characteristics of crimes against property // Scientific notes of the Kazan Law Institute of the Ministry of JusticeD of Russia. – 2017. – No. 4. – P. 81.
11. Grishin AV, Grishina MV Criminal Procedure Policy of the State to Combat Crimes in the Sphere of Entrepreneurial and Other Economic Activities: Modern Problems of Implementation // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V.V. Lukyanov. – 2018. – No. 3 (76). – P. 32-35.
12. Grishin AV, Grishina MV Actual Problems Related to the Investigation of Crimes Committed by Commercial (Sales) Representatives or Counterparties in Case of Abuse of Law // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V.V. Lukyanov. – 2016. – No. 3 (68). – P. 40-42.
13. Grishin AV Problematic aspects of criminal prosecution for crimes committed in the sphere of entrepreneurial activity // Jurist-Pravoved. – 2017. – No. 3 (82). – P. 61-66.
14. Barabash AS, Brester AA Method of Russian criminal procedure. – St. Petersburg, 2013.
15. Pobedkin AV On the main function of criminal proceedings and the method of criminal procedural regulation // Library of the criminalist. Scientific journal. – 2015. – No. 1 (18).
16. Davletov AA, Barabash AS Place and role of publicity in criminal proceedings // Russian law journal. – 2011. – No. 4.
CRIMINAL PROCEDURE
ABDURAKHMANOV Shamkhal Saidovich
magister student of the 2nd course of the correspondence forms of education 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
THE INDICTMENT AS THE FINAL PROCEDURAL DOCUMENT OF THE CRIMINAL CASE
The article considers the indictment as the final procedural document of a criminal case, its structure and content in accordance with the Criminal Procedure Code of the Russian Federation. The main requirements for the preparation of an indictment are analyzed, including the wording of the charge, the list of evidence, circumstances mitigating and aggravating punishment. Special attention is paid to ensuring the rights of the accused and the victim at the stage of preparation of this document. The mechanisms of interaction between the investigator and other participants in the criminal process in the preparation of an indictment are investigated. The role of the prosecutor in approving and transferring a criminal case to the court is being considered. The article also highlights the practical aspects of the application of the law related to the indictment. The article is aimed at expanding the understanding of legal responsibility and ensuring justice in criminal proceedings.
Keywords: indictment, criminal case, evidence, investigator, Code of Criminal Procedure, prosecutor, rights of the accused.
Bibliographic list of articles
1. Zaitsev A. A. Implementation of the principles of Russian legislation in the indictment // Legal technique. – 2020. – No. 14. – P. 576-577.
2. Samoilova T. S. The indictment as the final document of the preliminary investigation: history, modernity and development prospects // Criminal proceedings in Russia and foreign countries: problems and development prospects: materials of the international scientific and practical conference, St. Petersburg, December 02, 2022. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 328-334.
3. Selivanov S. A. Completion of the preliminary investigation by drawing up an indictment for penitentiary offenses in the penal system // Man: crime and punishment: Collection of materials of the International scientific and theoretical conference of adjuncts, graduate students, applicants, cadets and students. In 3 parts, Ryazan, March 27, 2020. Volume Part 1. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2020. – Pp. 231-236.
4. Khomenko A. V. Indictment as the basis for the prosecutor’s activities to support the state prosecution // Transformation of Law in the Information Society: Materials of the I All-Russian Scientific and Practical Forum of Young Scientists and Students, Yekaterinburg, March 21-22, 2019 / Editor-in-Chief O. A. Puchkov. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2019. – P. 289-294.
CRIMINAL PROCEEDINGS
ZAMURUEVA Elizaveta Yurjevna
Ph.D. in Law, lecturer of Criminal process sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
USE OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS
The current criminal procedure legislation is not fully adapted to such sources of information as mobile phones, tablets, smartphones, etc., which can be important and sometimes decisive in the investigation of a criminal case. Therefore, digital novelties of reality become the object of study of the science of criminal procedure law. The article examines the role and importance of electronic evidence in modern law enforcement practice. The author analyzes the possibility of using electronic evidence in the process of establishing the truth in a criminal case.
Keywords: electronic evidence, process of proof, admissibility of evidence, digitization.
Bibliographic list of articles
1. Golovko L.V. Course in criminal procedure / Ed. Doctor of Law, Prof. L. V. Golovko. – M.: Statut, 2016. – 1276 p.
2. Merkulova M. S., Kalentieva T. A. Electronic evidence in criminal proceedings: admissibility issues // Legal sciences. – 2022. – No. 5-3 ( 68). – P. 139-143.
3. Okonenko R. I. “Electronic evidence” and problems of ensuring the rights of citizens to protect their privacy in criminal proceedings: a comparative analysis of the legislation of the United States of America and the Russian Federation: dis. … Cand. of Law. – M., 2016.
4. Pastukhov P. S. On the development of criminal procedural proof using electronic evidence // Seventh Perm Congress of Legal Scientists: Collection of scientific articles, Perm, November 18-19, 2016 / Editors-in-Chief V.G. Golubtsov, O.A. Kuznetsova. – Perm: OOO “Izdatelstvo” STATUT “, 2017. – P. 558-566.
5. Cheretskikh A. V. Digital (electronic) evidence in criminal proceedings // Law and order: history, theory, practice. – 2023. – No. 4 (39). – pp. 110-116.
CRIMINAL PROCEDURE
IBRAGIMOV Murad Ismailovich
magister student of the 3rd course of correspondence education of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
GROUNDS FOR HOLDING A PRELIMINARY HEARING IN A CRIMINAL TRIAL
The article discusses the grounds for conducting a preliminary hearing in criminal proceedings, regulated by Article 229 of the Code of Criminal Procedure of the Russian Federation. The main attention is paid to the analysis of the petitions of the parties and the initiatives of the court to exclude evidence, return the case to the prosecutor, suspend or terminate the case, as well as the connection and separation of cases. The importance of the preliminary hearing for ensuring the legality and rights of participants in the criminal process is noted. Special attention is paid to the procedural grounds affecting the course and outcome of the trial. The conditions under which it is possible to conduct a trial with the participation of jurors and to consider cases in a special order are investigated. The procedural deadlines and requirements for filing petitions by the parties are analyzed. The conclusion is made about the importance of the preliminary hearing as a mechanism for ensuring justice in criminal proceedings.
Keywords: preliminary hearing, Code of Criminal Procedure, petition, exclusion of evidence, return of the case to the prosecutor, jury trial, criminal trial.
Bibliographic list of articles
1. Andreev D. V. Should the procedure for conducting a preliminary hearing provide for a judicial investigation? (Some judgments) // Law and justice in the modern world: current problems of public and private law: a collection of scientific articles by young researchers. – St. Petersburg: Center for Scientific and Information technologies “Asterion”, 2021. – P. 535-540.
2. Bazhutkina E. N. On the issue of procedural features of conducting a preliminary hearing in criminal proceedings // WORLD OF SCIENCE: collection of articles of the III International scientific and practical conference, Penza, March 30, 2023. – Penza: Science and Education (IP Gulyaev G.Yu.), 2023. – P. 145-148.
3. Kostenko R.V. Features of the process of proof during the preliminary hearing in criminal affairs // Legal Bulletin of the Kuban State University. – 2017. – No. 2 (31). – P. 22-29.
4. Mikhailova I. V. Grounds for preliminary hearing // Student South Ural forensic readings: Collection of materials of the All-Russian scientific and practical conference, Ufa, December 14 2020 / Responsible editor I. A. Makarenko. – Ufa: Bashkir State University, 2020. – P. 45-48.
5. Yudanova, Ya. I. Problematic issues of the grounds for holding a preliminary hearing in a criminal case in thein the Russian criminal process // Youth. Science. Culture: Proceedings of the IX All-Russian Scientific and Practical Conference, Saransk, December 16, 2021 / Editorial Board: G. P. Kuleshova (editor-in-chief) [et al.]. – Saransk: Limited Liability Company “YurEksPraktik”, 2022. – P. 520-527.
CRIMINAL PROCEEDINGS
KORNELYUK Oksana Vladimirovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology
LIFANOVA Marina Vladislavovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology
ADVANTAGES AND DISADVANTAGES OF A SPECIAL TRIAL PROCEDURE
The article discusses the legal conditions of a special procedure for judicial proceedings. The positive and negative sides of this legal institution are analyzed, as well as possible risks in its implementation. The study shows the dynamics of changes in legislation on the issue under study. It is noted that the main purpose of this legal procedure is to reduce the burden on the judicial and investigative systems, to expand the dispositive principles of the criminal process. Based on the studied theory, practice and judicial statistics, the author draws conclusions about the prospects for the development of this legal phenomenon in criminal proceedings in Russia.
Keywords: special procedure for judicial proceedings, criminal proceedings, rights and legitimate interests of participants in criminal proceedings, accused, victim, prosecutor, punishment.
Article bibliography
1. Radzhabov A. R. On the issue of a special procedure for judicial consideration of criminal cases // Law and Right. – 2024. – No. 1. – P. 253-255.
2. Koryakina Z. I., Lebedeva S. M. Grounds and conditions for a special procedure for making a judicial decision if the accused agrees with the charges brought against him // Agrarian and land law. – 2022. – No. 6 (210). – 113-115.
3. Grinenko A. V. Development of a special procedure for trial in criminal cases in the Russian Federation // Bulletin of Economic Security. – 2023. – No. 1. – P. 57-59.
CRIMINAL PROCEEDINGS
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
THE CRIMINAL AND CRIMINAL PROCEDURAL ASPECT OF THE INVESTIGATION OF FRAUD COMMITTED BY PERSONS SENTENCED TO IMPRISONMENT
The article provides a statistical analysis of the commission of a crime in the form of fraud on the territory of our state. The official statistics of law enforcement agencies investigating fraud and the commission of this type of crime as a percentage of the total number of crimes committed are shown. An analysis has been conducted in the field of fraud investigation over the past five years. The gaps in the criminal and criminal procedure law are indicated, which are necessary in the field of investigating fraud committed by persons sentenced to imprisonment. The analysis of the norms of legislation, namely the criminal law, the criminal procedure and Penal enforcement law of the Russian Federation, as well as the order of the Ministry of Justice of the Russian Federation “On approval of the Internal Regulations of correctional institutions and the Internal Regulations of correctional centers of the penal enforcement system” in the field of fraud investigation. The problems that arise during the disclosure of this type of pr are indicated.
Keywords: fraud, persons sentenced to imprisonment, criminal law, penal enforcement law, Internal regulations, investigative actions, statistical data.
Article bibliographic list
1. Statistical data on crimes committed in the period from 2018 to 2023 // Official website of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://мвд.рф/reports?ysclid=m0euu7b04f969733210.
2. Order of the Ministry of Justice of the Russian Federation of 04.07.2022 No. 110 “On approval of the internal regulations of pre-trial detention facilities of the penal system, the internal regulations of correctional institutions and the internal regulations of correctional centers of the penal system (as amended on 29.11.2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http: //pravo.gov.ru-11/30/2023.
CRIMINAL PROCEDURE
OVCHINNIKOVA Elizaveta Olegovna
senior lecturer of International cooperation in the field of prosecutorial activity, ensuring representation and protection of the iinterests of the Russian Federation in interstate bodies, foreign and international (interstate) courts, foreign and international arbitration courts sub-faculty of the University of the Prosecutor’s Office of the Russian Federation
POLITICAL AND LEGAL ISSUES OF EXTRADITION OF CITIZENS BY THE RUSSIAN FEDERATION AS A MEMBER STATE OF THE BRICS ASSOCIATION: TO THE PROBLEM STATEMENT
The article examines the organizational and legal aspects of the extradition of persons in relation to the Russian Federation in the light of the current geopolitical situation. The principle of expediency of considering extradition as a criminal procedure institution is substantiated. The conclusion is made about the need to strengthen cooperation in the field of criminal justice between the BRICS Member States.
Keywords: extradition, extradition of persons, international cooperation, criminal justice, legal assistance, BRICS, criminal procedure, branches of law, Prosecutor General’s Office of the Russian Federation.
Article bibliography
1. Safarov N. A . Institute of extradition (issuance): experience of national-legal regulation // Moscow Journal of International Law. – 2005. – No. 2. – P. 119.
2. Valeev R. M. Extradition of criminals in modern international law (some issues theory and practice). – Kazan, 1976. – 127 p.
3. Kaisin D. V. Sources of the criminal-legal system of the Russian Federation: diss. … cand. jurid. sciences. – M., 2005. – 184 p.
4. Criminal law of Russia. General part / Edited by A. I. Rarog. – M., 2009. – 443 p.
5. Volzhenkina V. . M. On the issue of developing the law “On extradition” // Criminal law. – 2000. – No. 1. – P. 6-9.
6. Shaibakova K. D. Extradition in modern international law: genesis , legal nature, implementation: dis. … candidate of legal sciences. – Kazan, 2020. – 262 p.
7. Yakubovich N., Bykov E., Koroteev B. Draft Federal Law of the Russian Federation “On extradition (extradition) » // Criminal law. – 2000. – No. 3. – P. 58-62.
8. Kursaev A. V. Criminal liability in the territory of new subjects of the Russian Federation // Criminal law. – 2024. – No. 1. – SPS “ConsultantPlus” »
9. Kulikova G. L. Refusal to extradite: national and international aspect / Lecture. – M., University of the Prosecutor’s Office of the Russian Federation, 2023. – 47 p.
CRIMINAL PROCEEDINGS
OLIFIRENKO Ekaterina Pavlovna
Ph.D. in political sciences, associate professor of Criminal law and process sub-faculty of the North Caucasus State Academy, Cherkessk
ANALYSIS OF THE PRACTICE OF PROSECUTORIAL SUPERVISION IN THE FIELD OF COUNTERING EXTREMISM IN THE RUSSIAN FEDERATION
The article discusses the current problems of prosecutorial supervision over the implementation of legislation on countering extremist activities. The author pays attention to the organization of prosecutorial supervision in this area, as well as to the consideration of the practice of the prosecutor’s office exercising its powers to prevent and suppress extremist manifestations. In the course of the study, some problems of prosecutorial activity and gaps in the current federal legislation in this area were identified. Noting the shortcomings of work in this area, the author suggests a number of recommendatory measures aimed at improving the effectiveness of prosecutorial supervision in the field of countering extremism.
Keywords: prosecutor’s office , prosecutor’s supervision, extremism, extremist activity, extremist organizations, information, youth.
Article bibliography
1. Agapov P. V. Organized crime in modern Russia: status, trends and measures of prosecutorial response // Bulletin of the Law Institute of MIIT. – 2019. – No. 3 (27).
2. Agapov P. V. Prosecutor’s supervision of the implementation of laws in the field of counteracting manifestations of extremism in the context of radicalization and the growth of protest activity of the population: issues of theory and practice // All-Russian Criminological Journal. – 2020. – V. 14. No. 6.
3. Agutin A. V. Prosecutor’s supervision of the implementation of laws in the investigation of extremist crimes: a tutorial. – Moscow, 2017.
4. Interview with the Prosecutor General of the Russian Federation Igor Krasnov “Izvestia” // Izvestia. 01/23/2023.
5. Matvienko S.V. Problems of youth in the information space // Health is the basis of human potential: problems and solutions. – 2018. – V. 13. No. 1.
6. Merkuryev V.V., Borisov S.V. Improving the regulation of legal means of prosecutorial response to extremist offenses // Monitoring of law enforcement. – 2016. – No. 3 (20).
7. Chukreev V. A. Theoretical and practical aspects of prosecutorial supervision over the implementation of legislation on combating extremismactivity: abstract of dis. … candidate of legal sciences. – Ekaterinburg, 2011.
CRIMINAL PROCEEDINGS
SAAKYAN Artyom Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminology sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
SKORIKOV Dmitriy Gennadjevich
Ph.D. in Law, Head of Organization of investigative work sub-faculty of the Educational and Scientific Complex on Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
CRIMINAL PROCEDURAL AND CRIMINALISTIC FEATURES OF THE CONFRONTATION
Confrontation is one of the investigative actions that cause the greatest difficulties in its preparation and production. Evaluation of the results of the confrontation allows you to obtain evidence in a criminal case. The article proposes algorithms for the investigator’s actions to comply with the criminal procedural and criminalistic aspects of confrontation, with the aim of obtaining evidence in a criminal case. It is noted that conducting a confrontation is the right of the investigator, not an obligation. The possibility of conducting a confrontation in conditions excluding visual surveillance in compliance with measures to ensure state protection is substantiated.
Keywords: investigative action, confrontation, evidence, investigator, state protection, video conferencing.
Article bibliography
1. 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.
2. Criminal Procedure Code of the Russian Federation: Federal Law of 18.12.2001 No. 174-FZ: as amended on 29.05.2024 No. 174-FZ // SZ RF. – 2024. – No. 32. – Art. 2201.
3. Gura G. M. Concept and meaning of confrontation in the system of investigative actions // Territory of science. – 2013. – No. 2. – P. 258.
4. Kolovorotny A. A., Skorikov D. G. Features of interrogation tactics of suspects, accused in criminal cases on crimes provided for by Art. 210 of the Criminal Code of the Russian Federation // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (41). – P. 80.
CRIMINAL PROCEDURE
SHCHERBININ Evgeniy Sergeevich
lecturer of the Barnaul Law Institute of the MIA of Russia
KHRUSHCHEV Alexander Viktorovich
senior lecturer of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
CRIMINAL PROCEDURAL FEATURES OF INITIATING CRIMINAL CASES ON CRIMES IN THE SPHERE OF ENTREPRENEURIAL ACTIVITY
The article examines the relevance of criminal proceedings in cases of economic orientation. The main directions of reforming the criminal law policy in this area and its intermediate results are noted. The main goal pursued by the authors is to highlight the criminal procedural features of initiating criminal cases on crimes in the sphere of entrepreneurial activity. In the course of studying this topic, the features of the stage of initiating criminal cases on crimes in the sphere of entrepreneurial activity, classified by the legislator as cases of private-public prosecution, were revealed, the requirement for the mandatory presence of a statement from the victim when initiating criminal cases of this category, including in the absence of data on the person who committed the crime, was substantiated. Based on the results of the study, a set of procedural aspects was formulated that must be clarified when deciding to initiate a criminal case on a crime in the sphere of entrepreneurial activity.
Keywords: democratization of criminal law policy, crimes in the sphere of entrepreneurial activity, private-public mechanism for initiating a criminal case, victim’s statement, proper applicant.
Article bibliography
1. Dikarev I. S. Initiation of criminal cases of private and private-public prosecution for crimes committed by persons whose details are unknown // Magistrate. Publishing group “Yurist”. – Moscow, 2010. – No. 1. – P. 20-24.
2. Mazyuk R. V. Institute of criminal prosecution in Russian criminal proceedings. – Moscow: Institute of Scientific Information on Social Sciences of the Russian Academy of Sciences, 2009. – 216 p.
CRIMINAL PROCEEDINGS
ABDURAKHMANOV Shamkhal Saidovich
master student of the 2nd course of the correspondence forms of education 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
VIOLATION OF THE REQUIREMENTS OF THE CODE OF CRIMINAL PROCEDURE FOR THE PREPARATION OF AN INDICTMENT AS A BASIS FOR THE RETURN OF A CRIMINAL CASE
The article examines the institution of returning criminal cases to the prosecutor within the framework of Article 237 of the Code of Criminal Procedure of the Russian Federation, with an emphasis on the evolution of legislative changes and their impact on law enforcement practice. The causes and consequences of the return of cases are analyzed, as well as systemic errors made by the investigative authorities at the stage of the preliminary investigation are revealed. Special attention is paid to the role of the courts and their law enforcement practice based on the violations identified in the indictment and other procedural documents. Examples from judicial practice are considered, which illustrate typical mistakes of investigators and their consequences for the judicial process. Proposals for improving legislation to improve the quality of the preliminary investigation and reduce the number of returns of cases to the prosecutor are being discussed separately. The article suggests mechanisms for correcting technical errors in indications at the preliminary hearing stage. The findings highlight the need for a comprehensive approach to improving the work of investigative agencies and the judicial system.
Keywords: criminal proceedings, return of the case to the prosecutor, indictment, preliminary investigation, investigation errors, judicial practice, law enforcement.
Article bibliography
1. Zaitsev A. A. Typical mistakes of the investigator when forming an indictment in a criminal case // Bulletin Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (31). – P. 18-26.
2. Kumpan K. M. Violation of the requirements of the Criminal Procedure Code of the Russian Federation for drawing up an indictment as a basis for returning a criminal case // Science and Society – 2021: Proceedings of the international scientific conference, Rostov-on-Don, April 09, 2021 / Edited by N. B. Osipyan, I. V. Makarova, M. I. Zhbannikova. – Moscow: Moscow University named after S. Yu. Witte, 2021. – P. 203-208.
3. Mushegyan A. V. Indictment as a basis for initiating a case in court // Modern science and its resource provision: innovative paradigm: collection of articles from the VI International scientific and practical conference, Petrozavodsk, January 25, 2021. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya Irina Igorevna), 2021. – P. 109-113.
4. Naumenko T. S. Problematic issues of drafting an indictment by an investigator // Criminal proceedings in Russia and foreign countries states: problems and development prospects: materials of the international scientific and practical conference, St. Petersburg, November 12, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2021. – P. 271-274.
5. Stelmakh V. Yu. Return of a criminal case by the prosecutor to re-draft the indictment // Trends in the development of modern criminal procedural legislation of the Russian Federation: collection of scientific papers, Yekaterinburg, April 17, 2021. Volume Issue 6. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2021. – P. 143-146.
CRIMINAL PROCEDURE
IBRAGIMOV Murad Ismailovich
magister student of the 3rd course of correspondence education of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE PROCEDURE FOR CONDUCTING A PRELIMINARY HEARING
The scientific article examines the procedure for conducting a preliminary hearing in the criminal proceedings of the Russian Federation, its legal significance and procedural features. Special attention is paid to the admissibility of evidence, the procedural rights of the parties and the role of the judge in making decisions at this stage. The grounds for holding a closed hearing and excluding evidence from the case file are described. The variants of the judge’s decisions based on the results of the preliminary hearing were also investigated, including the termination of the case, its return to the prosecutor and the appointment of a court session. The procedural guarantees of the rights of the accused and the defense are analyzed, such as requests for evidence and the addition of new materials. The issues of interrogation of witnesses and procedural restrictions for persons with witness immunity are considered.
Keywords: preliminary hearing, Code of Criminal Procedure of the Russian Federation, admissibility of evidence, petitions of the parties, decisions of the judge, trial, rights of the accused.
Article bibliography
1. Andreev D. V. Should the procedure for conducting a preliminary hearing provide for a judicial investigation? (Some judgments) // Law and justice in the modern world: current problems of public and private law: a collection of scientific articles by young researchers. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 535-540.
2. Bazhutkina E. N. On the issue of procedural features of conducting a preliminary hearing in criminal proceedings // WORLD OF SCIENCE: collection of articles from the III International Scientific and Practical Conference, Penza, March 30, 2023. – Penza: Science and Education (IP Gulyaev G.Yu.), 2023. – P. 145-148.
3. Kostenko R. V. Features of the process of proof during the preliminary hearing in criminal cases // Legal Bulletin of the Kuban State University. – 2017. – No. 2 (31). – P. 22-29.
4. Sidorenko E. V., Sukhankina L. I. Preliminary hearing: problematic issues of investigative actions (some judgments) // Forensic science from Hans Gross to the present day: forensic aspects of the implementation of constitutional rights and guarantees of man and citizen: Collection of scientific articles based on the materials of the V International Scientific and Practical Round Table, St. Petersburg, February 26, 2021. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 6-14.
5. Yudanova Ya. I. Problematic issues of the grounds for holding a preliminary hearing in a criminal case in Russian criminal proceedings // Youth. Science. Culture: Proceedings of the IX All-Russian Scientific and Practical Conference, Saransk, December 16, 2021 / Editorial board: G. P. Kuleshova (editor-in-chief) [et al.]. – Saransk: Limited Liability Company “YurExPractik”, 2022. – P. 520-527.
CRIMINAL PROCEDURE
TURSHIN Andrey Ivanovich
postgraduate student of N. V. Radutnaya Criminal process law sub-faculty of the Russian State University of Justice
THE PLACE OF ARTIFICIAL INTELLIGENCE IN EVIDENCE IN THE ADMINISTRATION OF JUSTICE IN CRIMINAL CASES
The article is dedicated to defining the role of artificial intelligence (AI) in proving in criminal proceedings. A special feature of the study is the consideration of the dual role of AI. It can be used as a tool for committing crimes, for example, facilitating the substitution of identity using deepfake or automating hacker attacks. On the other hand, AI has the potential to achieve the goals of criminal justice, for example by making it easier to detect the falsification of audio or video recordings. In this regard, the need to develop legal regulation of the use of this technology in evidence is emphasized. A conclusion is made about the importance of using AI on the principles of transparency, security and reliability of the results of its application.
Keywords: artificial intelligence, proof, electronic evidence, criminal procedure, falsification of evidence.
Article bibliography
1. Andreeva O. I., Ivanov V. V., Nesterov A. Yu., Trubnikova T. V. Facial recognition technologies in criminal proceedings: the problem of the grounds for legal regulation of the use of artificial intelligence // Vestn. Vol. state University. – 2019. – No. 449. – P. 201-212.
2. Berezina E. A. Use of artificial intelligence in legal activity // Actual problems of Russian law. – 2022. – No. 12 (145). – P. 25-38.
3. Derishev Yu. V. On healthy conservatism of criminal procedure // Bulletin of Omsk State University. Law Series. – 2008. – No. 1. – P. 42-48.
4. Dremlyuga R. I. Use of artificial intelligence for criminal purposes: criminal-legal characteristics // Asian-Pacific region: economics, politics, law. – 2021. – No. 3. – P. 153-164.
5. Kravchuk N. V. Artificial intelligence as a judge: prospects and concerns // Social and humanitarian sciences. Domestic and foreign literature. Series. 4. State and law: Abstract journal. – 2021. – No. 1. – P. 115-122.
6. Laptev V. A., Solovyanenko N. I. Digital justice. Digital document: monograph. – Moscow: Prospect, 2022. – 248 p.
7. Momotov V. V. Artificial intelligence in legal proceedings: status, prospects of use // Bulletin of the O. E. Kutafin University. – 2021. – No. 5 (81). – P. 188-191.
8. Ostroukh A. V. Introduction to Artificial Intelligence: monograph. – Krasnoyarsk, 2020. – 250 p.
9. Rossinsky S. B. Reflections on the essence of proof in criminal proceedings // Lex russica. – 2020. – Vol. 73. No. 9. – P. 63-76.
10. Spiridonov M. S. Artificial Intelligence Technologies in Criminal Procedure Proof // Journal of Digital Technologies and Law. – 2023. – No. 2. – P. 481-496.
11. Stelmakh V. Yu. The system of evidence in the pre-trial stages of criminal proceedings: problems of theory, regulation and practice: diss. … doctor of law. – Ekaterinburg, 2021. – 522 p.
12. Caldwell M., Andrews J. T. A., Tanay T. et al. AI-enabled future crime. Crime Sci 9, 14 (2020). [Electronic resource]. – Access mode: https://crimesciencejournal.biomedcentral.com/articles/10.1186/s40163-020-00123-8 (date of access: 09/02/2024).
13. Reiling A. D. Courts and Artificial Intelligence. International Journal for Court Administration. 2020. No. 11 (2). [Electronic resource]. – Access mode: https://iacajournal.org/articles/10.36745/ijca.343 (date accessed: 09/07/2024).
14. Yampolskiy R. V. Unexplainability and Incomprehensibility of Artificial Intelligence. (2019). [Electronic resource]. – Access mode: https://www.researchgate.net/publication/334360690_Unexplainability_and_Incomprehensibility_of_Artificial_Intelligence (access date: 09/04/2024).
CRIMINAL PROCEDURE
SHEKOLENKO Angelina Pavlovna
сompetitor of Criminal process sub-faculty of the Kuban State University, Krasnodar, assistant Judge of the Judicial Collegium for Civil Cases Fourth Cassation Court of General Jurisdiction
ASSESSMENT OF THE SUFFICIENCY OF EVIDENCE FOLLOWING PRELIMINARY HEARINGS
In the content of this article, the author addresses critically important aspects of assessing the sufficiency of evidence following preliminary hearings in criminal proceedings, focusing on the complexities of such assessments. The article emphasizes that preliminary hearings serve as a “filter” for criminal cases, where the judge evaluates whether the evidence collected is sufficient to ensure a reasoned and fair trial. The author analyzes how the preliminary assessment of evidence sufficiency could potentially violate the principle of the presumption of innocence if the judge is biased against the evidence even before the full trial begins. The article also discusses ways to minimize the risks of premature conclusions. In the context of preliminary hearings, the author suggests that judges should conduct a thorough assessment of the gathered evidence regarding its sufficiency. Furthermore, the author believes that applying the standard of “high probability” for assessing evidence sufficiency, based on the judge’s internal conviction during the preliminary hearing, represents an optimal approach towards achieving the justification of such cognitive activity. However, the effective implementation of this approach within the national criminal procedural system requires legislative and practical integration of, firstly, standards of proof, and secondly, investigative judges.
Keywords: criminal proceedings, preliminary hearing, reliability of evidence, assessment of evidence reliability.
Article bibliography
1. Kablukov I. V. Standards of proof of the grounds for procedural decisions as a criterion for the sufficiency of evidence // Law and Practice. 2020. No. 1. P. 103-106.
2. Kondrashova O. V. Examination of evidence at the stage of preparing a criminal case for a court hearing // Young scientist. 2023. No. 44 (491). P. 219-221.
3. Lozovskaya S. V. Certainty of Law and Standards of Proof // State Authority and Local Self-Government. 2023. No. 5. P. 15-19.
4. Mashovets A. O. Standards and Burden of Proof: Correlation of Concepts // Actual Problems of Judicial, Law Enforcement, Human Rights, Criminal Procedure Activities and National Security: Proc. Int. scientific-practical. conf. dedicated to the 50th anniversary of the formation of the Department of Criminal Procedure. In 2 parts, Krasnodar, March 17-18, 2022 / Ed. V. A. Semenov. Volume Part 1. Krasnodar: Kuban State University, 2022. Pp. 352-359.
5. Musin A. R. Standards of evidence in criminal proceedings // Education and Law. 2023. No. 2. Pp. 459-463.
6. Rudenko A. V., Senchikova M. V. Application of standards of evidence in the practice of courts of general jurisdiction // Society: politics, economics, law. 2021. No. 5 (94). Pp. 58-62.
7. Rudenko A. V., Senchikova M. V. Standards of evidence in the practice of courts of general jurisdiction of the Fourth Cassation District // Society: politics, economics, law. 2021. No. 7 (96). P. 44-48.
8. Serednev V. A. Examination of evidence at the stage of preparation of a criminal case for a trial // Law and order: history, theory, practice. 2020. No. 2 (25). P. 62-68.
9. Trezubov E. S. Standard of proof // National interactive encyclopedic portal “Knowledge”. 2022. No. 11.
CRIMINAL PROCEEDINGS
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
SMOLYAKOV Anatoliy Antonovich
Ph.D. in, professor, professor of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia, Honored Lawyer of the Russian Federation
MEZENTSEV Igor Vyacheslavovich
senior lecturer of Investigative activities management sub-faculty (Higher Academic Courses) of the Faculty of Advanced Studies of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
COMPARATIVE FEATURES OF THE ACTIVITY OF THE PROSECUTOR IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS
The article provides a comparison of the prosecutor in the Russian Federation and in the Republic of Belarus. At the present stage of the prosecutor’s office, the importance of understanding a unified centralized system of bodies is emphasized, the range of activities of which includes supervision of compliance with the Constitution of the Russian Federation and other legislative acts. A comparative study of the current state of the prosecutor’s office is being conducted. The fixed types of prosecutorial supervision and control are discussed. The similarity of the criminal procedural legislation of the Russian Federation and the Republic of Belarus at the pretrial stage is determined, but differences are also identified at other stages.
Keywords: prosecutor authorities, prosecutorial control and supervision, prosecutor general, military prosecutor’s office, criminal prosecution, public prosecution.
Bibliographic list of articles
1. 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) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://publication.pravo.gov. ru/Document/View/0001202007040001/ (date accessed: 18.01.2024).
2. Order of the Prosecutor General’s Office of Russia dated 30.01.2013 No. 45 (as amended on 28.09.2021) “On approval and entry into force of the Instruction on the procedure for considering appeals and reception of citizens in the prosecutor’s office of the Russian Federation” // Legality. – 2013. – No. 4.
3. Koreshnikova N. R. The status of the prosecutor in the criminal proceedings of the CIS member states. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/status- prokurora-v-ugolovnom-protsesse-stran-uchastnits-sng (date of access: 18.01.2024).
4. Klimova Ya. A. Comparative analysis of the prosecutor’s powers (Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the Republic of Belarus) // Current issues of criminal procedure and forensics: V International scientific and practical conference. collection of articles. – Mogilev, 2019. – P. 93.
CRIMINAL PROCEDURE
BAZHANOV Sergey Andreevich
leading researcher of the Center for the Study of Problems of Management and Reform of the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ISSUES OF PROPERTY RELATIONS IN PRISONERS SENTENCED TO FORCED LABOUR
According to the current penal enforcement legislation, those sentenced to forced labor, which does not involve imprisonment, in addition to funds held by court decision to the state’s income, reimburse the costs of the correctional center for housing and communal services and the maintenance of the institution’s property. Meanwhile, those sentenced to imprisonment are exempt from such expenses for the maintenance of the property of the In order to eliminate legal uncertainty, it is necessary to amend the penal enforcement legislation, which would eliminate conditions that worsen the legal situation of those sentenced to forced labor, compared with those sentenced to imprisonment.
Keywords: criminal-executive legislation, forced labor, self-sufficiency, maintenance of property, legal uncertainty.
Article bibliographic list
1. Seregina E. V., Slepchenko O. V. Forced labor: problems of legislative regulation and possible ways of improvement // Gaps in Russian legislation. – 2020. – No. 1. – P. 130-134. – EDN FTEUSX.
2. Andreeva Yu. V., Semenyuk I. A. Legal problems of execution of criminal punishment in the form of forced labor // Criminal policy in the sphere of ensuring rights and legitimate interests of participants in criminal proceedings and the use of modern technologies: materials of the All-Russian (national) scientific and practical conference, Krasnoyarsk, November 13-14, 2020. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2021. – P. 3-9. – EDN ZRVXEA.
3. Dvoryanskov I. V. Experience of organizing the execution of forced labor at enterprises using the labor of convicts // Scientific works of the Federal State Institution Research Institute of the Federal Penitentiary Service of Russia: Scientific and practical quarterly publication / Federal State Institution Research Institute of the Federal Penitentiary Service of Russia. Volume Issue 1. – Moscow: Federal State Institution Research Institute of the Federal Penitentiary Service of the Russian Federation, 2021. – Pp. 35-39. – EDN LJUBIM.
CRIMINAL-EXECUTIVE LAW
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
GORDOPOLOV Andrey Nikolaevich
Ph.D. in Law, lecturer of Organization of the regime and supervision in the penitentiary system sub-faculty, senior lecturer of Theory of state and law, international and European law sub-faculty of the Academy of the FPS of Russia
THE BEHAVIOR OF CONVICTS SERVING IMPRISONMENT AS A CRITERION FOR ASSESSING THEIR PERSONALITY AND THE DEGREE OF CORRECTION
The article is devoted to the characteristics of convicts serving imprisonment who have different role positions: positively characterized, neutrally characterized, negatively characterized and malicious violators of the regime. Their socio-demographic, criminal law and penal enforcement characteristics are presented. The conclusion is formulated that the behavior of convicts is the main criterion for assessing the personality of convicts and the degree of their correction.
Keywords: sad, positively characterized; neutrally characterized; negatively characterized; malicious violator of the regime.
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): monograph / Under the scientific editorship of V. I. Seliverstov. Moscow, Prospect, 2024. 96 p.
2. Gordopolov A. N. Legal capacity of a malicious penitentiary violator of the punishment regime // Bulletin of the Samara Law Institute. 2021. No. 3 (44). P. 117-121.
3. Characteristics of persons sentenced to imprisonment. Based on materials from the special census of 1999 / Edited by A. S. Mikhlin. M.: Jurisprudence, 2001. 464 p.
CRIMINAL PRINCIPAL LAW
KOTLYAROV Andrey Andreevich
senior lecturer of Regime organization, security and escort sub-faculty of the Perm Institute of the FPS of Russia, lieutenant colonel of the internal service
HIERARCHICAL DISTRIBUTION OF CONVICTS AND A LIST OF NECESSARY KNOWLEDGE REQUIRED FOR AN EMPLOYEE OF THE CRIMINAL JUSTICE SYSTEM
The article deals with the problem of dependence of the domestic penitentiary system on the hierarchy of criminally infected elements in correctional institutions of the Russian penal system. In the context of the dynamically social policy of the state, one of the most important complex problems requiring significant attention is the issue of the use of corrective measures against persons serving sentences in correctional institutions of the Federal Penitentiary Service of Russia, taking into account the criminogenic specifics that have developed over the years. This is directly related to the real capabilities of correctional officers to positively influence convicts in order to correct them.
Keywords: concept, development, penal enforcement system, restriction of freedom, punishment.
CRIMINAL PRINCIPAL LAW
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
FOREIGN EXPERIENCE IN EXECUTION OF PUNISHMENTS NOT RELATED TO ISOLATION OF CONVICTED PERSONS FROM SOCIETY
The article examines the specifics of the appointment and some issues of execution of criminal penalties alternative to imprisonment in accordance with the legislation of foreign countries. It notes the prevalence of a fine as the main and additional type of punishment for committing a crime by a person in the law enforcement practice of foreign countries, considers the methods of its calculation and the procedure for the actions of authorized persons in case of evasion of its payment by the distinguished person. The fenatures of the execution of other punishments not related to imprisonment, as well as other consequences established by judicial acts, in foreign countries are studied. Parallels are drawn with the procedure for the execution of punishments without isolation from society and measures of a criminal-legal nature provided for by Russian legislation. A conclusion is made about the prospects of the trend of humanization of criminal policy in Russia and foreign countries, which is manifested in the growth of the number of punishments assigned to the guilty, alternative to imprisonment, the execution of which does not lead to the rupture of social ties of the disappointing person and his maladjustment.
Keywords: execution of sentences, punishment without isolation from society, foreign penal law, community service, fine, probation.
Bibliographic list of articles
1. Voronov D. A. Problems of implementation of criminal penalties not related to imprisonment in Russia and abroad (comparative legal characteristics) // Law. Society. State. Collection of scientific papers of students and postgraduates. – St. Petersburg, 2018. – P. 82-84.
2. Latukhina V. S. Comparative legal analysis of the penal policy of Russia and France // Economics, sociology and law. – 2016. – No. 5. – P. 95-100.
3. Lukovkin K. E. Foreign model of execution of criminal punishment in the form of a fine on the example of countries with a continental legal system // Criminal-executive law. – 2018. – T. 13 (1-4). No. 3. – P. 334-338.
4. Mayorova E. O. Features of the application of punishments without isolating the convicted person from society and the definition of their goals in the legislation of foreign countries: a comparative legal analysis // Journal of the Belarusian State University. Law. – 2019. – No. 3. – P. 80-85.
5. Snytkin R. I. Types of punishments imposed on minors // Actual problems of law and state in the 21st century. – 2011. – V. 3. No. 5 -1. – P. 153-157.
6. Sakhno A. N., Girenok G. A. Work of the probation service in England and Wales // Problems and prospects of development of the penal system of Russia at the present stage: Materials of the International scientific and practical conference of adjuncts, postgraduates, cadets and students. – 2018. – V. 3. – P. 287-289.
7. Shabanov V. B., Budanova L. Yu. Foreign experience in the execution of sentences on sentencing persons to punishments without isolation from society // State and Law in XXI century. Proceedings of the international scientific and practical conference dedicated to the 95th anniversary of the Faculty of Law of the Belarusian State University. Editorial board: T. N. Mikhaleva (editor-in-chief) [et al.]. – Minsk, 2021. – P. 71-81 .
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor, associate professor of Regime and security in the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
DERIGLAZOVA Olga Alexeevna
cadet of the Samara Law Institute of the FPS of Russia
ISSUES OF CRIMINAL LIABILITY FOR THE TRANSFER OF COMMUNICATIONS EQUIPMENT AND THEIR COMPONENTS TO CONVICTS
At present, an urgent area of activity of the penal correctional system is to counteract the use by convicts of various means of communication, including cell phones in the territory of the correctional institution. In order to improve the effectiveness of prevention of the use of these means of communication, in December 2023 the CAO RF and the Criminal Code of the RF were supplemented with the corpus delicti, providing responsibility for the transfer of means of communication and components to convicts .
Keywords: telephone fraud, regime of serving punishment, correctional institution, official, means of communication, components, criminal responsibility, administrative responsibility.
Bibliographic list of articles
1. Key performance indicators of the penal system: information and analytical collection (January – December 2019 Tver, 2020; January – December 2020 Tver, 2021; January – December 2021 Tver, 2022; January – December 2022 Tver , 2023; January – December 2023) // Federal State Institution Research Institute of Information Technology (FKU NIIIT FSIN of Russia). – Tver, 2024.
2. Verdict of the Pugachevsky District Court of the Saratov Region dated July 14, 2020 in case No. 1-137/2020 [Electronic resource] // SPS “Consultant Plus” (date accessed: 05/20/2024).
CRIMINAL-EXECUTIVE LAW
SKOBELEVA Oksana Olegovna
Ph.D. in pedagogical sciences, Head of Humanitarian, socio-economic and information management technologies sub-faculty of the Samara Law Institute of the FPS of Russia
PECULIARITIES OF CORRECTIONAL IMPACT ON CONVICTS SENTENCED TO LIFE IMPRISONMENT
This article examines some of the problems of serving a sentence for those sentenced to life imprisonment. Life imprisonment and long-term imprisonment pose comparable problems for serving the sentence: social isolation, total dependence, suspension, loneliness and loss of responsibility combined with the orderliness of life imprisonment and the variety of problems underlying their criminal behavior. The study analyzes the psychological and social problems arising in the process of long-term isolation from society, which is not very favorable to the behavior and health of convicts.
Keywords: disappointing persons, life imprisonment, correctional impact, prison, social isolation.
Bibliographic list of articles
1. Buxtel L., Killman P. Psychological consequences of imprisonment for prisoners. // Psychological bulletins. – 2004. – Vol. 88. – P. 469.
2. Zambl M., Porporino F. Overcoming, imprisonment and rehabilitation: some data and their consequences. // Criminal justice and behavior. – 1990. – Vol. 17. No. 1. – P. 53-70.
3. Mackenzie D. L., Goodstein L. Consequences of long-term imprisonment and characteristics of individuals who committed long-term crimes: an empirical analysis. // Criminal justice and behavior. – 1985. – Vol. 12. No. 4. – P. 395-414.
4. Sapford R. Convicts sentenced to life imprisonment: Reactions, responses and decisions. – Buckingham: Open University Press, 1983. – P. . 23.
5. Sapsford. Convicts sentenced to life imprisonment: psychological changes during serving a sentence. // British Journal of Criminology. – 1978. – Vol. 18. No. 2. – P. 128-145.
CRIMINALISTICS
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
SIGERICH Mikhail Yaroslavich
lecturer of Document examination sub-faculty of the Training and Scientific Complex of Expert-Criminalistic Activity of the Volgograd Academy of the MIA of Russia
SELECTED ISSUES OF TECHNICAL AND FORENSIC RESEARCH ON INTERSECTING STROKES IN MODERN WRITING MATERIALS
This article discusses the study of the technical and forensic aspects of examining documents containing intersecting strokes created using modern writing materials. It examines the methodology for studying intersecting strokes and the features of applying this technique to modern writing materials. An experimental study conducted to determine the possibility of determining the sequence of strokes depending on the technique used. The article presents the results of the experiment, describes the algorithm used, and concludes on the reliability of the findings.
Keywords: technical and forensic examination of documents, stroke study, writing materials, intersecting strokes.
Article bibliography
1. Korukhov Yu. G. Methodological foundations of forensic expert diagnostics // Bulletin of the University named after O.E. Kutafina (MSAL). – 2020. – No. 6 (70). – P. 177-189.
2. Dosova A. V., Lyapichev V. E., Sigerich M. Ya., Koshmanov P. M. The Importance of Expert Research in Proving a Crime Event Related to the Use of a Forged Document // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (60). – P. 85-91.
3. Novikov I. G., Butyrkina K. D. On the suitability of objects of expert examination in solving the problem of establishing the limitation period for the execution of document details // Herald of criminalistics. – 2022. – No. 1 (81). – P. 47-56.
4. Plinatus A. A., Zakharova I. G. Possibilities of establishing the sequence of execution of document details // Theory and practice of forensic examination in modern conditions: Proceedings of the VII International Scientific and Practical Conference, Moscow, January 17-18, 2019. – Moscow: RG-Press, 2019. – P. 379-382.
5. Uskov I. N., Chetverkin P. A., Efimenko A. V. Modern methodological approaches to determining the sequence of execution of requisites in the absence of areas of mutual intersection // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 3. – P. 212-216.
CRIMINALISTICS
DZHURUK Dmitriy Sergeevich
Ph.D. in technical sciences, Head of Information technologies sub-faculty of the East-Siberian institute of the MIA of Russia, Irkutsk
SHCHEGLOV Alexander Ivanovich
senior lecturer of Firearms and technical training sub-faculty of the Barnaul law institute of the MIA of Russia
PUSHECHNIKOV Alexander Anatoljevich
lecturer of Management and administrative activities of the internal affairs bodies sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE CONCEPT, CONTENT AND SYSTEM OF CRIMINALISTIC SUPPORT FOR THE INVESTIGATION OF FRAUD WITH THE USE OF INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
In the article the authors consider the main issues relevant to the forensic support of the investigation of fraud with the use of information and telecommunication technologies. The authors investigate the main points of view on the concept, content and system of forensic support of the considered category of crimes.
Keywords: fraud, forensic support, crime investigation, information crimes, remote control fraud, cybercrime, hacking, computerized information, information and communications technology, cybercrime, hacking, computer information, information and communication technology, account hacking.
Article bibliography
1. Vinogradov A. A. Forensic support for crime investigation – a method of forensic science // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (29). – P. 121-125.
2. Cit. by: Gavrilin Yu. V. On the concept and content of the state scientific and technical policy in the field of forensic support of law enforcement activities (forensic policy) // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (62). – P. 96-102.
3. Forensic support of the activities of the criminal police and preliminary investigation bodies: textbook / edited by T. V. Averianova, R. S. Belkin. – M., 1997. – P. 64.
4. Forensic support for the disclosure and investigation of crimes: a textbook / A. F. Volynsky; Kikot Moscow University of the Ministry of Internal Affairs of the Russian Federation. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikotya, 2016. – P. 55.
5. Zhurikhina A. V. General characteristics of crimes related to remote theft of funds from bank accounts, and the problem of their distinction // Young scientist. – 2023. – No. 43 (490). – P. 117-122.
6. Shamoyan F. R., Sarychev I. A., Kolomytseva A. A. Collection and analysis of information from publicly available sources // Tools for project management and data analysis in decision support systems. collection of materials of the III International conference. – Donetsk, 2022. – P. 300-305 @@ Gavrilin Yu. V. Development of digital forensics methods: limits of admissibility // Criminal procedure and forensics: theory, practice, didactics. Collection of materials of the VII All-Russian scientific and practical conference. – Ryazan, 2022. – pp. 69-75.
CRIMINALISTICS
ZALETKINA Anna Nikolaevna
Ph.D. in Law, associate professor of Criminology sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
YATSKINA Inna Alexandrovna
Ph.D. in Law, senior lecturer of Criminology and operational investigative activities sub-faculty of the Rostov Law Institute of the MIA of Russia
APPLICATION OF A PRACTICE-ORIENTED APPROACH IN THE PROFESSIONAL TRAINING OF EMPLOYEES OF PRELIMINARY INVESTIGATION AND INQUIRY UNITS
The article is devoted to the implementation of a practice-oriented approach in the training of young specialists of preliminary investigation and inquiry units undergoing initial training in departmental educational organizations. When preparing the article, the authors analyzed the main normative legal acts regulating vocational training (training) in the system of internal affairs bodies. General scientific methods of analysis, synthesis, as well as data generalization and modeling were used. The article reveals a particular method of implementing a variable discipline – a professionally specialized cycle, providing for the specifics of the position of investigator and inquirer. The authors consider some problematic issues faced by young professionals and offer specific recommendations to eliminate them in the process of implementing practical classes based on solving practice-oriented tasks. The most important positive aspect of the considered methodology is the rapid replenishment of the missing theoretical knowledge and practical skills related to the investigation of criminal cases and especially theproduction of investigative actions. Upon completion of the training, the teaching staff notes the satisfactory level of acquired practical skills among the students regarding the demonstration of the production of investigative actions.
Keywords: practice-oriented approach, initial training, practical training, preliminary investigation, inquiry.
Article bibliography
1. Pavlenkov R.V., Deryugin R.A. Implementation of a practice-oriented training model using a mobile educational forensic laboratory (UPKL-2019) as a training and testing center // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2020. No. 4 (56). P. 53-59.
2. Krasinskaya E.S. The essence and significance of a practice-oriented approach in the process of implementing professional training programs in educational organizations of the Ministry of Internal Affairs of Russia // Police activity. 2019. No. 6. P. 1-7.
3. Cheretskikh A. V. Justification for the preparation and implementation in educational organizations of the Ministry of Internal Affairs of Russia of an additional professional advanced training program “Information Security in the Internal Affairs Bodies of the Russian Federation” // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. 2022. No. 2 (19). P. 173-180.
4. Smirnova Zh. V., Luneva Yu. B., Vaganova O. I., Practice-oriented approach in professional education // Innovative Economy: Prospects for Development and Improvement. 2018. No. 6 (32). P. 122-126.
5. Bashinskaya I. G., Ashkhotova L. A. Practice-oriented approach to the formation of professional skills in educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2018. No. 4 (54). P. 119-122.
6. Egorov E. V., Vlasov V. V., Shalagin A. S. Practical classes: essence, goals, recommendations for the methodology of their implementation // Special equipment and technologies of transport. 2020. No. 7 (45). P. 224-232.
7. Sabinin A. A. Formation of professional competencies of students of departmental educational organizations of the Ministry of Internal Affairs of Russia in the paradigm of a practice-oriented approach to training // Modern problems of science and education. 2022. No. 3. P. 23.
8. Roditeleva Ya. N. Pedagogical aspect of training students of educational organizations of the Ministry of Internal Affairs in individual investigative actions // Problems of modern pedagogical education. 2022. No. 76-1. P. 265-268.
9. Izakson R. A., Smirnova K. V. Organization of a training session with middle and senior commanding officers of internal affairs bodies studying under educational programs based on higher legal education // In the collection: Training of personnel for law enforcement agencies: modern trends and educational technologies. Proceedings of the twentieth All-Russian scientific and methodological conference. 2015. pp. 47-50.
CRIMINALISTICS
RYZHKOV Ivan Viktorovich
Ph.D. in Law, Deputy Head of Forensic technology sub-faculty of the Educational and Scientific Complex of Forensic Activities of the Volgograd Academy of the MIA of Russia
SAAKYAN Artyom Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminology sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
THE CURRENT STATE OF INFORMATION SUPPORT FOR FORENSIC AND TECHNICAL FORENSIC ACTIVITIES
One of the key factors determining the effectiveness of forensic and technical forensic activities in the system of the Ministry of Internal Affairs of Russia is the quality of information support for employees of the forensic departments of the Ministry of Internal Affairs of Russia. The article examines the types and contents of reference and information funds currently functioning in territorial forensic units, as well as the provisions of the relevant legislative and regulatory framework. Taking into account the practice of using existing information funds, their positive and negative sides are noted. The conclusion is made about the expediency of using artificial intelligence in the creation of forensic data banks.
Keywords: information support, forensic activities, technical and forensic activities, reference and information funds, reference and auxiliary records.
Article bibliography
1. Rossinskaya E. R., Galyashina E. I., Zinin A. M. Theory of forensic examination: textbook / Ed. E. R. Rossinskaya. – Moscow: Norma, 2009. – 368 p.
2. Ryzhkov I. V. Theoretical foundations and modern trends in the organization of the functioning of natural collections: dis. … Cand. of Law. – Volgograd, 2023. – 213 p.
CRIMINALISTICS
FAYZULLINA Alina Anisovna
Ph.D. in Law, associate professor, associate professor of Criminalistics sub-faculty of the Institute ofLaw of the Ufa University of Science and Technology
MOTIVATION OF CRIMINAL BEHAVIOR OF SERIAL KILLERS
The detection and investigation of serial murders has its own peculiarities related to the need for a deep analysis of the individual psychological properties of the criminal’s personality, the motivation for criminal behavior. The peculiarity of the criminal behavior of a serial killer is that along with the conditions of a specific situation, it is also determined by internal factors, in particular, the motives and goals of the crime, the form of guilt. The use of data on the forensic characteristics of the personality of a serial killer (social status, occupation, criminal connections, character and temperament, motives and goals of the crime, etc.) ensures the effectiveness of planning and conducting investigative actions and operational search activities, allows you to correctly choose the most optimal ways to search for the criminal and the direction of the investigation as a whole.
Keywords: personality of the criminal, serial killer , motivation of criminal behavior, individual psychological characteristics of the personality, investigation of the crime
Article bibliography
1. Antonyan Yu. M., Vereshchagin V. A., Potapov S. A., Shostakovich B. V. Serial sexual murders. Moscow, 1997. P. 4.
2. Anfinogenov A. I. Psychological portrait of a criminal, its development in the process of investigating a crime: dissertation . … candidate of psychological sciences. Moscow, 1997. 183 p.
3. Yablokov N. P. Forensic Science: Textbook and Workshop for Bachelor’s and Specialist Degrees. 3rd ed., revised and enlarged. Moscow: Yurayt Publishing House, 2024. 239 p.
CRIMINALISTICS
SHARIFULIN Artem Arturovich
student of the 5th course of the Institute of the Prosecutor’s Office of the O. E. Kutafin Moscow State Law University (MSAL)
SHARIFULIN Gennady Arturovich
magister student of the 2nd course of the Vladimir Law Institute of the FPS of Russia, major of police
ON THE ISSUE OF THE PECULIARITIES OF THE CRIMINALISTIC CHARACTERISTICS OF THE THEFT OF NON-CASH FUNDS OF INDIVIDUALS
The article is dedicated to debatable issues of both the general criminalistic characteristics of crimes and the criminalistic characteristics of theft of non-cash funds of individuals. Based on the doctrinal provisions of criminalistics and forensic investigative practice, the author’s definition of criminalistic characteristics is formulated; approaches to determining the criminalistic The characteristics of theft of non-cash funds of individuals have been identified; his own modernized basic approach to criminalistic characteristics of this group of crimes has been developed.
Keywords: criminalistic characteristics of crime, theft, stealing, fraud, computer fraud, non-cash funds, individual, method of crime, criminalistics.
Article bibliography
1. Belykh Yu . P., Lyashchev D. V. Theft of non-cash funds: criminal-legal, criminal-procedural and forensic aspects // Bulletin of Tyumen State University. Socio-economic and legal research. – 2022. – Vol. 8. No. 2 (30). – P. 152-163. – DOI: 10.21684/2411-7897-2022-8-2-152-163.
2. Volohova O. V. Features of the investigation of fraud committed against citizens: Abstract of Cand. Sci. (Law) Dissertation. – M., 2003. – 24 p.
3. Gasparyan G. Z. Investigation of embezzlement of funds funds committed using information banking technologies: Dis. … Cand. of Law. Sciences. – M., 2021. – 300 p.
4. Ishchenko E. P. Forensic Science: Lecture Course. – M.: Law Firm ” CONTRACT”; AST-MOSCOW, 2007. – 416 p.
5. Klepitsky I. A. Introduction to Economic Criminal Law: a tutorial. – M.: Publishing Center of the O. E. Kutafin University (MSAL), 2022. – 186 p.
6. Klepitsky I. A. Commentary on the Criminal Code of the Russian Federation (article by article). – 9th ed. – M .: RIOR: INFRA-M, 2018. – 710 p. – DOI: https:/ /doi.org/10.12737/24764.
7. Klepitsky I. A. New economic criminal law: monograph. – M .: Prospect, 2022. – 984 p. – DOI: 10.31085/9785392331284-2020-984.
8. Forensic Science: Textbook for Bachelors and Specialists / Ed. E. P. Ishchenko. – M.: Prospect, 2020. – 560 p. – DOI: 10.31085 /9785392299386-2020-560.
9. Mailyan A. V. Improving the methodology for investigating theft using electronic means of payment: Abstract of Cand. of Law Dissertation. – Rostov n / D, 2021. – 25 p.
10. Malikov S. V., Balashov D. N., Balashov N. M. Forensic Science: Textbook. – 7th ed. – M.: RIOR: INFRA-M, 2022. – 242 p. – DOI: https: //doi.org/10.29039/01883-5.
11. Ushakov R. M. Qualification of thefts committed using information technologies: monograph. –M.: Yustitsinform, 2023. – 160 p.
12. Sharifulin A. A. Features of consideration of the report on theft of non-cash funds of individuals // Legal almanac. – 2024. – No. 5 (36). – pp. 58-67.
CRIMINALISTICS
KLYUEVA Yuliya Alexeevna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
THE DETERMINING ROLE OF THE PRELIMINARY STAGE OF THE FORENSIC EXAMINATION OF PSYCHOACTIVE SUBSTANCES
The article examines the features of preliminary research in the production of forensic examination of psychoactive substances and substantiates the need to separate it into a separate stage. A comparison was made of various departmental orders regulating the production of forensic examinations in terms of a preliminary study of the received materials.
Keywords: stages of the forensic examination, psychoactive substances, preliminary research, suspension of the suspension of the forensic examination, departmental orders, legal conflicts.
Article bibliography
1. Averianova T. V. Forensic examination. General theory course. – Moscow: Norma, 2009. – 480 p.
2. Arotsker L. E. Theoretical foundations of Soviet forensic examination // Forensic examination. – 1966. – Issue I. – P. 60-61.
3. Belkin R. S. Forensic encyclopedia. – M.: Megatron XXI, 2000. – 334 p.
4. Vinberg A. I. Forensic examination in Soviet criminal proceedings. – M.: Gosyurizdat, 1956. – 220 p.
5. Vladimirov V. Yu. Theory and practice of forensic weapons science. – St. Petersburg SPb: Fund “University”, 2003. – 400 p.
6. Zinin A. M., Mailis N. P. Scientific and legal foundations of forensic examination. Lecture course. – M.: UOP Mosk. akad. MVD of Russia, 2001. – 205 p.
7. Kol’din V. Ya. Identification in the production of forensic examinations. – M.: Gosyurizdat, 1957. – 152 p.
8. Rossinskaya E. R. Forensic examination in civil, arbitration and criminal proceedings. – M.: Norma: INFRA-M, 2011. – 736 p.
9. Shlyakhov A. R. Forensic examination and justice. – M.: Knowledge, 1981. – 64 p.
CRIMINALISTICS
MANAKOVA Elizaveta Alexeevna
adjunct of the 3rd faculty (Training of Scientific and Scientific-Pedagogical Personnel) of the Academy of Management of the MIA of Russia
SPECIAL SOFTWARE AS A TYPE OF SPECIAL TECHNICAL MEANS USED BY AN INVESTIGATOR IN THE INVESTIGATION OF CRIMES IN THE FIELD OF DRUG TRAFFICKING
The article deals with the problem of the investigator’s use of special software used as a special technical tool in the investigation of crimes, including taking into account the specifics of the investigation of crimes that are elements of transnational drug trafficking. The position is justified, which consists in the need for legislative changes to the norms of the Code of Criminal Procedure of the Russian Federation concerning the use of technical means. This regulation, in the author’s opinion, will shorten the time frame for the investigation of a criminal case, as well as make the investigation process complete, comprehensive and objective. Along with this, solving this problem will help investigators to use modern technologies in the investigation of crimes without fear of their admissibility.
Keywords: preliminary investigation, investigative actions, special software, special technical means, analytics, investigative action plan, drug trafficking.
Article bibliography
1. Ishchenko P. P. Information support of investigative activity: dissertation … candidate of legal sciences: 12.00.09; [Place of defense: Acad. General. Prosecutor’s Office of the Russian Federation]. – Moscow, 2009. – 202 p.
2. Burdanova V. S. Search for truth in criminal procedure. St. Petersburg University of the Ministry of Internal Affairs of Russia. – SPb.: Legal. Center Press, 2003. – 260 pp.
CRIMINOLOGY
BICHENOVA Anna Rolandjevna
senior lecturer of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
BORUKSON Sofya Leonidovna
cadet of the 3rd year of the 3rd platoon of the Samara Law Institute of the FPS of Russia
PERSONALITY TRAITS OF A VIOLENT OFFENDER
This article examines the key personality traits of a violent offender, identified through an analysis of the psychosocial and criminological aspects of his or her behavior. Particular attention is paid to factors that contribute to the development of violent tendencies, such as family upbringing, social environment, and individual psychological characteristics. Various types of violent offenders, their motivations, and behavior patterns are examined, which allows for a deeper understanding of the causes of violence. The main findings of the article are aimed at developing effective measures to prevent violence, as well as supporting the rehabilitation and resocialization of offenders. The article will be useful for researchers, practitioners in criminology, psychology, and social sciences, as well as specialists involved in the prevention of violence in society.
Keywords: violent offender, personality of the offender, psychosocial factors, criminology, violence, motivation, behavior, prevention, social protection, individual psychological characteristics, sociopath.
Article bibliography
1. Avdeeva Ya. O. Personality characteristics of a violent criminal. – Text: direct // Young scientist. – 2022. – No. 26 (421). – P. 80-81. [Electronic resource]. – Access mode: https://moluch.ru/archive/421/93705/ (date of access: 10/12/2024).
2. Voide E. G., Manuilova E. V. Features of the personality of a violent criminal // Criminological journal. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-lichnosti-nasilstvennogo-prestupnika (date of access: 10/12/2024).
3. Mozolevskaya A. G. Personality of a criminal committing serious violent crimes // Young scientist. – 2019. – No. 49 (287). – P. 367-368.
4. Mikhailov A. E., Ashin A. A. Criminological characteristics of the personality of a violent criminal: modern indicators // Bulletin of the Vladimir Law Institute. – 2021. – No. 1 (58). – P. 74-79.
5. Nagoeva M. A., Kolesnikova O. Yu. On the issue of typology of the personality of a criminal. // Law and Management. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-tipologizatsii-lichnosti-prestupnika (date of access: 10/12/2024).
6. Krivosheev S. V. Concept and characteristics of the personality of a criminal committing violent crimes in a pre-trial detention center. // Bulletin [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-osobennosti-lichnosti-prestupnika-sovershayuschego-nasilstvennye-prestupleniya-v-sledstvennom-izolyatore (date of access: 12.10.2024).
CRIMINOLOGY
VTORUSHINA Veronika Vitaljevna
postgraduate student of the St. Petersburg Law Institute (branch) University of the Prosecutor’s Office of the Russian Federation, assistant prosecutor of the Pervomaisky district of Vladivostok, Primorsky Krai
ARMED ATTACKS ON EDUCATIONAL INSTITUTIONS AS AN OBJECT OF CRIMINOLOGICAL RESEARCH
The article is devoted to the study of such a criminological phenomenon as armed attacks on educational institutions. The paper provides some statistical data on the commission of attacks on educational institutions, the number of victims, and the weapons used. The author investigated the most famous cases of armed attacks on educational institutions in the United States and Russia, based on the results of the analysis, which proposed the main signs and characteristic features of schoolshooting, as well as some personality traits of the “school shooter”. The work also focuses on the reasons for the commission of armed attacks on educational institutions. The article is relevant and will be of interest to law enforcement officials, juvenile delinquency prevention systems, and educational institutions.
Keywords: schoolshooting, columbine, bullying, educational institutions, security, armed attacks.
Article bibliography
1. Abramov A. E. School shooting in educational organizations as a particularly dangerous phenomenon of our time: prevention and counteraction to motiveless terrorist acts // Society: politics, economics, law. 2023. No. 3. P. 39-45.
2. Volchetskaya T. S., Avakyan M. V., Osipova E. V. Criminological characteristics and prevention of school shooting and cyberbullying in Russia and foreign countries // All-Russian Criminological Journal. 2021. No. 13. P. 155-159.
3. Vyatkina N. V., Shchukina R. I., Fedotova P., Gadzhieva M. T. Schoolshooting in Russia: a look at the problem of researchers and ordinary people // Bulletin of Perm National Research Polytechnic University. Social and Economic Sciences. 2023. No. 1. P. 120-130.
4. Davydov D. G., Khlomov K. D. Mass murders in educational institutions: mechanisms, causes, prevention // National Psychological Journal. 2018. No. 13. P. 202-206.
5. Karpova A. Yu., Maksimova N. G. Schoolshooting in Russia: what matters? // Power. 2021. No. 13. P. 154-159.
6. Nikishin V. D. Columbine (school shooting): essence, legal qualification, forensic diagnostics // Lex Russica. 2021. No. 11. P. 111-115. Prokazova V.. K. Schoolshooting: criminological characteristics and prevention // Collection of abstracts of speeches of participants of the international scientific and theoretical conference “Security of the individual, society and the state: theoretical and legal aspects. 2019. Pp. 564-568.
8. Ranenkova E. A., Kasaev I. Kh. Personality of the armed criminal who committed an attack on an educational organization in Russia: criminological aspect // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2023. No. 2 (65). Pp. 47-57.
9. Chuchin A. S. The phenomenon of schoolshooting in modern Russia. Legal aspect // Review. NCPT. 2020. No. 12. P. 444-447.
CRIMINOLOGY
LUTSEVA Kseniya Vladimirovna
lecturer of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
PROVIDING DRUG TREATMENT ASSISTANCE TO CONVICTS WITH DRUG ADDICTION IN THE SYSTEM OF DRUG-RELATED CRIME PREVENTION
The principles of treatment of drug addicted convicts serving sentences not related to imprisonment, laid down during the Soviet Union, were successfully implemented and allowed to return these persons to society after serving their sentence, prevent their further use of drugs, as well as recidivism. However, in the 1990s, this experience was lost, which affected drug crime, as well as the level of drug addicts. The adoption of the Federal Law «On Probation in the Russian Federation» served as a starting point for amending the regulatory legal acts governing the activities of criminal-executive inspectorates in the field of crime prevention of convicts with drug addiction.
Keywords: drug crime, persons with drug addiction, drug addiction, drug addiction treatment, medical and social rehabilitation, executive probation.
Article bibliography
1. 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: [dated November 23, 2020, No. 733] // Coll. legislation of the Russian Federation. – 2020. – No. 48. – Art. 7710.
2. On Probation in the Russian Federation”: federal law: [dated February 6, 2023, No. 10-FZ] // Coll. legislation of the Rus. Federation. – 2023. – No. 6. – Art. 917.
CRIMINOLOGY
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
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
THE MAIN DIRECTIONS OF PREVENTION OF THEFT OF VEHICLES
The presented article will address the problems of preventing theft of vehicles. Despite the dynamics of a decrease in the number of registered crimes – theft of vehicles, the problem of prevention of the crimes under consideration remains relevant, since traditionally theft of vehicles remains crimes with low detection. The article will list measures, both general and special. Special attention is paid to special criminological and individual measures of an organizational and technical nature.
Keywords: prevention, theft, vehicle, anti-theft systems, legislation.
Article bibliography
1. Kolesnikov R. V. The main methods of committing hijackings and thefts of vehicles and measures to prevent them // Bulletin of Tambov University. Series: Humanities. – 2011. – No. 7 (99). – P. 239-244.
2. Sorokun N. S. Issues of combating illegal seizure of a vehicle by non-governmental organizations // Jurist-Pravoved. – 2008. – No. 6 (31). – P. 113-115.
3. Kislov V. Thousands of dollars on wheels – this is the image that haunts a car thief when looking at any car parked on the street // Security. Reliability. Information. – 2006. – No. 65. – P. 6-11.
CRIMINOLOGY
RAGULINA Anastasiya Vyacheslavovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE COMPOSITION OF IATROGENIC CRIMES AND PROBLEMS OF LAW ENFORCEMENT PRACTICE
In this article, a study of the composition of iatrogenic crimes is carried out. It is noted that in the science of criminal law, there has not been a unified approach to solving the question of which crimes belong to those. A list of such crimes is provided. The elements and signs of the compositions of iatrogenic crimes are highlighted. Based on the results of the analysis, it is concluded that in order to more effectively apply the norms on iatrogenicit is necessary to solve the problem of crimes determining the moment of the beginning of human life. To do this, you need to perform three consecutive actions. Highlighting the objective side of iatrogenic crimes, the author comes to the conclusion that it consists in non-provision (inaction) or improper provision (action) of medical care. The quality of medical care is evidenced by its compliance with the requirements established in the relevant regulations, procedures, clinical recommendations, standards. In some cases (as law enforcement practice has shown), in the absence of these documents, doctors should rely on appropriate textbooks and manuals, instructions for medicines. When assessing the quality of medical care, its process, not the result, should be taken into account.
Keywords: iatrogenic crimes, components of iatrogenic crimes, object and objective side of iatrogenic crimes, subject and subjective side of iatrogenic crimes, medical care, medical care, medical worker.
Article bibliography
1. Kovalev M. I . Legal problems of protection of life, health and genetic dignity of a person. – Ekaterinburg, 1996. – 82 p.
2. Criminal law. Special part: Textbook for universities / Ed. Kozachenko I. Ya., Neznamovogo S. A. – M., 1997. – 516 p.
3. Rybakova T. I. Iatrogenic crimes: concept, essence, legislative regulation // Issues of Russian justice. – Issue 26 . – P. 386-392.
4. Ulezko S. I. The concept of iatrogenic crimes // Society and Law. – 2018. – No. 2 (64). – P. 46-51.
5. Utevsky B.S. Criminal law. – M., 1950 – 280 p.
CRIMINOLOGY
SHUGAIBOVA Saida Shugaibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
MARIANOV Alikhan Abdulayevich
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State Pedagogical University, Makhachkala
CRIMINOLOGICAL ASPECTS OF RAPE
This article is dedicated to the criminological analysis of crimes related to rape. It examines the main characteristics of this type of crime, including the motivation of the perpetrators, the characteristics of the victims, as well as the social and psychological factors contributing to the commission of such crimes.
Special attention is paid to the typology of criminals who commit rape, their personality characteristics and criminal biography.
Keywords: Rape, sexual violence, combating crimes against sexual integrity.
Bibliographic list of articles
1. Iksanov R. A., Akhtyamova A. R., Tukhbatullina Z. V. Rape: concept, composition and preventive measures // Alley of Science. – 2018. – T. 2. No. 4 (20). – P. 113-116. – EDN UPTQFO.
2. Koreneva M.K. Prevention and warning // Young scientist. – 2017. – No. 17 (151). – pp. 172-175. – EDN YMFAIP.
CRIMINOLOGY
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SEMENYUK Ruslan Alexandrovich
Ph.D. in Law, associate professor, Head of Civil law, fundamentals of human rights and law enforcement sub-faculty of the Altai Institute of Economics, branch of the St. Petersburg University of Management and Economics Technologies
VICTIMOLOGICAL PREVENTION OF FRAUD COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
The article deals with issues related to the analysis of the current state, level and dynamics of fraudulent crimes committed with the help of information and telecommunication technologies. In this regard, the psychological characteristics of the personality of victims of fraudulent attacks and methods of criminal influence on victims are revealed, taking into account these characteristics. Based on the information received, victimological prevention measures are proposed, implemented by public authorities and management at all levels.
Keywords: victimological prevention, fraud, information and telecommunication technologies.
Bibliographic list of articles
1. Botvin I. V. On the issue of modern causes and conditions of crime in the economic sphere // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. 2020. No. 2 (39). P. 170-172.
2. In 2023, banks prevented fraudulent embezzlement of 5.8 trillion rubles // Official website of the Bank of Russia. [Electronic resource]. – Access mode: https://www.cbr.ru/press/event/?id=18419/ (date of access: 10.08.2024) .
3. Sberbank announced an increase in the number of leaksto the personal data of Russians. [Electronic resource]. – Access mode: https://finance.mail.ru/2024-09-06/v-sbere-zayavili-o-roste-utechek-personalnyh-dannyh-rossiyan-62685804/ (date of access: 09/06/2024).
4. The Prosecutor General of the Russian Federation proposed introducing electronic identification of sellers on the Internet. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/21774021/(date accessed: 09/06/2024).
5. On the performance of service by district police officers in the serviced administrative area and the organization of this activity: order of the Ministry of Internal Affairs of Russia dated 03/29/2019 No. 205. [Electronic resource] Access from the reference and legal system “Consultant Plus”.
6. A pensioner from the Pavlovsky district took out loans and transferred 650,000 rubles to a “safe account” // Official website of the Main Directorate of the Ministry of Internal Affairs of Russia for the Altai Territory. [Electronic resource]. – Access mode: https://22.мвд.рф/news/item/54387385/ (date accessed: 08/30/2024).
7. The state of crime // Official website of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://мвд.рф/folder/101762/ (date of access: 10.08.2024).
CRIMINOLOGY
FRIZEN Peter Dmitrievich
Ph.D. in Law, associate professor, professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
RESHETNIKOVA Sofya Alexandrovna
Ph.D. in sociological sciences, Chairman of the Personnel and Municipal Service Committee of the Barnaul City Administration
SOCIO-ECONOMIC DETERMINANTS OF WOMEN’S CRIME AT THE PRESENT STAGE
The article examines the socio-economic causes and conditions of women’s crime in Russia, which the author divides into the following groups: adverse processes in the social and cultural spheres; causes related to women’s professional activities; problems in family life and the household sphere. In addition, the author also identifies a number of factors contributing to the growth of this type of crime: alcoholization and drug addiction of society, which affect the commission of crimes by women, and leads to loss of reproductive function, increased mortality of the population; features of a woman’s psychoemotional state, her psychological discomfort, unstable emotional background, which has a direct impact on her behavior.
Keywords: female crime, determinants, negative social phenomena, stalking, domestic crime.
Article bibliography
1. Botvin I. V. Modern determinants of crimes against property // Almanac of young scientists: Collection of scientific articles. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2022. – P. 47-50.
2. Botvin I. V. Modern problems of preventing domestic violent crime by district police officers // Current problems of combating crimes and other offenses. – 2022. – No. 22-2. – P. 12-13.
3. Voloshin I. A., Akmollaeva A. D. Certain aspects of female crime // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2016. – Vol. 2 (68). No. 3. – P. 52-57.
4. Grudinin N. S. Causal complex and personality of a female criminal // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (33). – P. 144-151.
5. Order of the Government of the Russian Federation of 29.12.2022 No. 4356-r “On approval of the National Strategy of Action in the Interests of Women for 2023-2030”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_436691/f62ee45faefd8e2a11d6d88941ac66824f848bc2/ (date of access: 04.04.2023).
6. Labor Code of the Russian Federation of 30.12.2001 No. 197-FZ [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/ (date of access: 04.04.2023).
7. Utkina E. Yu., Bogunova G. V. Criminological characteristics of female crime // Scientific notes of TSU. – 2014. – T. 5. No. 4. – P. 390-395.
CRIMINOLOGY
ALIEVA Asiyat Islamutdinovna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE ECOLOGY OF LIVING AND ITS IMPACT ON THE CRIMINOGENIC BEHAVIOR OF ADOLESCENTS
The article examines the relationship between the ecology of teenagers’ living and their criminogenic behavior. The author examines the influence of social, economic and cultural factors, such as the physical living environment, population density, family income, quality of educational institutions and access to cultural information, on the development of criminogenic behavior among adolescents. The author identifies several areas of prevention of criminogenic behavior of adolescents based on improving environmental living conditions.
Keywords: teenagers, ecology of living, criminogenic behavior, deviant behavior, crime prevention, social environment, crime rate, school environment, subculture.
Article bibliography
1. Kleiberg Yu. A. Psychology of deviant behavior: textbook and practical training for universities. – 5th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2020. – P. 48.
2. Ilyin V. A. Ecology of the urban environment and its influence on the social behavior of adolescents // Sociology of the city. – 2016. – No. 1. – P. 45.
3. Karpov L. K. Criminogenic determinants in the system of factors influencing juvenile delinquency // Bulletin of St. Petersburg University. Series 12: Psychology. Sociology. Pedagogy. – 2018. – Vol. 8. No. 1. – P. 61.
4. Petrova E. V. The influence of environmental living conditions on deviant behavior of adolescents // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. Series: Social Sciences. – 2019. – No. 2 (54). – P. 84.
LEGAL PROCEEDINGS
REDKINA Elena Nikolaevna
Ph.D. in Law, 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 FORMATION OF JUVENILE JUSTICE IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE
In this publication, the author conducted a study of the approbation of the introduction of juvenile justice institutions in the Russian Federation. Pilot projects in the field under study have proven the effectiveness and efficiency of juvenile justice, but they have not received legislative regulation and full implementation into law enforcement practice. The author reveals the challenges and problems faced by juvenile justice in the Russian Federation, and suggests specific measures to eliminate them. At the end of the study, the author concludes that it is necessary to legislate the features of juvenile justice in certain normative legal acts, as well as the active introduction into domestic legal proceedings of norms establishing an integrated approach to the protection of the rights of minors.
Keywords: minors, crime prevention, judicial protection, judicial reform, juvenile courts, juvenile justice.
Article bibliography
1. Berezyuk A. I. On the issue of juvenile technologies in criminal proceedings // StudNet. – 2021. – No. 2. – P. 41-44.
2. Goncharova E. V. History of the creation of juvenile justice in Russia // The role of student science in the development of economics and cooperation, Belgorod, April 16-18, 2013 / Belgorod University of Cooperation, Economics and Law. Volume 3. – Belgorod: Belgorod University of Cooperation, Economics and Law, 2013. – P. 53-56.
3. Kuzmina V. M. Formation of juvenile justice in Russia // Bulletin of Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2011. – No. 2. – P. 57-68.
JUDICIARY
MOROZ Sergey Alexandrovich
student of Jurisprudence sub-faculty of the Moscow International University, engineer of the Russian Federation “Central Research Institute “Electron””
KOMAROVA Sofya Sergeevna
student of the specialization “Economics of enterprises and organizations” of Industrial technologies and design sub-faculty of the St. Petersburg State University
STATISTICAL ANALYSIS OF DATA, WHEN INTRODUCING AUTOMATION OF THE JUDICIAL PROCESS, DURING THE JUDICIAL WATCH, TO IDENTIFY COMMON FACTORS THAT HINDER THE DEVELOPMENT AND ESTABLISHMENT OF JUSTICE IN THE RUSSIAN FEDERATION
The purpose of this work is to resolve interrelated issues in the form of the introduction of theory, products of scientific knowledge into judicial practice, the establishment of the cult of science and education, raising the status of active scientists, judges, teachers, as a result of the introduction of digital technologies.
The mechanism and novelty in this work is determined by the development and implementation of an independent program for the examination of judicial acts in judicial proceedings.
The basis for the development of judicial proceedings is the poor quality of training of current judges, improper conduct of trials, revealed as a result of the judicial watch program.
The essence of the problems and legal conflicts was revealed by the statistics of public opinion and the judicial watch program, obtained directly in the Courts of the Russian Federation, with analysis in scientific centers of Russia and friendly countries. The head and members of the United Russia Party of the Russian Federation decided to introduce a neural system into the legal field, which led to a study of problems in court proceedings, conflict resolution and the receipt of data converted to digital format.
By the decision of the United Russia Party and the approval of D.A. Medvedev, the public scientific and student movement, it was decided to conduct the Judicial Watch program in the Russian Federation.
Some of the main goals are,
1. Obtaining data on the level of justice;
2. calculation of the effectiveness of legal proceedings;
3. establishing the level of competence and compliance of judgments with modern legal requirements and scientific principles;
4. identification of negative factors in judicial proceedings: corruption, incompetence, etc.
The goal is not only to provide data, calculations, but also to introduce effective methods into legal proceedings, bypassing bureaucracy and corruption and “eternal” coordination in the state. the system.
The conclusions will be the result of the general problem formed and the options for its solution in real judicial practice, with a positive effect of interrelated issues.
Keywords: neural network, tabular form of the matrix system, legal proceedings, social adaptation, automatic transcription of the minutes of the meeting, examination of the judicial act, systematically complex analysis of the probabilistic dependence of the logical justification of cause-and-effect relationships.
Article bibliography
1. Galyashina E. I. Forensic linguistic examination: textbook. – Moscow: Prospect, 2021. – 421 p.
2. Galyashina E. I. Forensic speech science: textbook. – Moscow: Norma. INFRA-M, 2023. – 320 p.
3. Forensic examination in civil proceedings: scientific and practical manual / Ed. E. R. Rossinskaya. Civil law. – Moscow: Prospect, 2023. – 704 p.
4. Legal conflictology: theory and research methodology / Study guide Moscow State University named after M. V. Lomonosov / Doctor of Law M. N. Marchenko, 2022
5. Samsonova M. V., Streltsova E. G., Chaikina A. V., Chernykh I. I. Digital technologies in civil and administrative proceedings. Practice, analytics, prospects: Monograph. – M.: Infotropic Media, 2022. – 336 p.
6. Maryina A. A., Moroz S. A., Morozova I. G. Implementation of a neural system in the legal field based on a system-complex method of probabilistic dependence of causal investigative connections // Journal “Student Bulletin”. – 2024. – No. 20 (306). Part 8.
7. Ivanchin A. V. Construction of the elements of a crime: theory and practice: monograph / ed. L. L. Kruglikov. – Moscow: Prospect, 2023. -352 p.
8. Constitutional law and problems of corruption: the vision of young scientists: collective monograph / Responsible. editor S. N. Sheverdyaev. – M .: Yustitsinform, 2016. – 452 pp.
9. Aleshukina S. A. et al. Judicial protection: innovations and traditions in theory, legislation and law enforcement: monograph / Under. general. editorship L. V. Tumanova. – Moscow: Prospect, 2021. – 232 p.
10. Ruling of the Constitutional Court of the Russian Federation dated 02/28/2023 No. 304-O “On the refusal to accept for consideration the complaint of citizen Sergei Aleksandrovich Moroz on the violation of his constitutional rights by paragraph 1 of Article 49 of the Civil Procedure Code of the Russian Federation.
11. Mirkin B. G. Basic methods of data analysis: textbook and practical training for universities. – 2nd ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 303 p.
12. On the protection of the rights of consumers of poor-quality legal services // Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
13. The general part of the obligatory law in judicial and arbitration practice. Collection of current clarifications. Civil law. – Moscow: Statut, 2021.
14. Davydov V. A., Kolokolov N. A., Razinkina A. N., Yartsev R. V. Samples of procedural documents. Judicial proceedings / Under the general editorship of V. A. Davydov. – 2nd ed., revised and enlarged. – Moscow: Yurayt Publishing House, 2020. – 440 pp.
JUDICIARY
URUSOV Zamir Khasanovich
Ph.D. in pedagogical sciences, associate professor of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL STATUS OF THE SUPREME COURT OF RUSSIA IN THE JUDICIAL SYSTEM OF THE COUNTRY: THEORETICAL AND PRACTICAL ASPECTS
The article examines the regulations defining the legal status of the Supreme Court of the Russian Federation. It is concluded that the Supreme Court of the Russian Federation is the highest governing body of the judicial system. The study of the regulations defining the legal status of the Supreme Court of the Russian Federation gives it the right to administer justice in cases under the jurisdiction of the courts of the system of courts of general jurisdiction and the system of arbitration courts, as well as the right to exercise judicial control over them. The following conclusions can be drawn. This provision allows the Supreme Court of the Russian Federationration to clarify its functions and determine its place in the judicial system of the Russian Federation.
Keywords: rule of law, justice, judicial system, courts, judicial authority, judicial supervision, Supreme Court of the Russian Federation.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 No. 6-FKZ, of 30.12.2008 No. 7-FKZ, of 05.02.2014 No. 2-FKZ , from 21.07.2014 No. 11-FKZ, from 14.03.2020 No. 1-FKZ) // Official Internet portal of legal information http://www.pravo.gov.ru (date of access 04.09.2024).
2 . Protasova A.S. Legal status of the Supreme Court of the Russian Federation and its place in the judicial system // Materials of the Afanasyev Readings. – 2022. – No. 3 (40). – P. 76-83.
3. Federal Constitutional Law of 31.12.1996 No. 1-FKZ (as amended on 16.04.2022) “On the Judicial System of the Russian Federation” // Collection of Legislation of the Russian Federation. – 1997. – No. 1. – Art. 1.
4. Federal Constitutional Law of February 5, 2014 No. 3-FKZ “On the Supreme Court of the Russian Federation” (as amended on July 14, 2022) / / Collection of legislation of the Russian Federation. – 2014. – No. 6. – Art. 550.
5. Mekhrentseva N. A., Papulova Z. A. On the issue of the conceptual apparatus of the Russian judicial system // Lex Russica. – 2022. – No. 7 (188). – P. 148-152.
6. Mekhrentseva N. A. Development of judicial processes in Russia: generalization of the results of 1991-2021 // Legal science. – 2021. – No. 12 . – P. 72-75.
7. Art. 17 of the Federal Constitutional Law of 31.12.1996 No. 1-FKZ (as amended on 16.04.2022) “On the Judicial System of the Russian Federation” // Collection of Legislation of the Russian Federation. – 1997 . – No. 1. – Art. 1.
LAW ENFORCEMENT AUTHORITIES
AKHIYAROV Robert Ayratovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
GODOVYKH Alexander Alexandrovich
lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
BAYKALOV Vladislav Alexandrovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PSYCHOPHYSIOLOGICAL ASPECTS OF SHOOTING: STRESS MANAGEMENT AND CONCENTRATION OF ATTENTION AMONG CADETS
The article discusses modern methods of training cadets to shooting perform exercises, including psychophysiological approaches for stress management and improving concentration. The influence of stress on the physiological reactions and cognitive abilities of cadets, as well as the effectiveness of individualized training using biofeedback and cognitive behavioral therapy are analyzed. Recommendations are presented for the creation of training programs that take into account the individual differences of cadets in perception and reaction to stress.
Keywords: stress and its overcoming, fire training, cadet, practicing shooting exercises, concentration of attention.
Bibliographic list of articles
1. Weinshtein L. M. Pistol weapons: educational method. Pistol shooting manual: educational and methodological manual. – M., 2002. – 205 p.
2. Domracheva E. Yu., Ilyakhina O. Yu., Dorokhova A. V. Fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: theory and practice // Epoch of Science. – 2020. – No. 22. – P. 40-42.
3. Nikolaev N. Yu., Akhiyarov R. A., Koshevets G. V. Development of psychological stability of students of the Russian Ministry of Internal Affairs system in fire training classes and prospects application of psychological techniques for overcoming stress in practical activities // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 417-418. – EDN ZWXJXP.
4. Lavrichenko R.K., Lapshin I.E., Voskoboev A.I., Dyachenko E.A., Gushchin D.N. Improving the Methodology of Teaching Shooting from a Makarov Pistol: Methodological Recommendations. – Rostov-on-Don, 2018. – 56 p.
5. Skripkin N. P., Laptev A. A. Formation of cadets’ readiness for actions with weapons // Theory and practice of military education. – 2023. – No. 1 ( 1). – P. 68-74.
6. Taran A. N., Boykov A. A. Psychophysiological features of fire training of cadets in educational institutions of the Ministry of Internal Affairs of Russia // Society and Law. – 2014. – No. 1 (47 ). – P. 325-329.
7. Taksanov D. E. Fire training as one of the aspects of moral and psychological stability of cadets of educational institutions of the Federal Penitentiary Service of Russia // Young scientist. – 2022. – No. 49 (444). – P. 536-538.
LAW ENFORCEMENT AGENCIES
ILJINA Olga Vasiljevna
Ph.D. in Law, Associate Professor of Law Enforcement Sub-Faculty of the Penza State University
INFORMATION SUPPORT OF MANAGEMENT IN THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
The processes taking place in the modern world increase the level of threats to information security, ensuring confidentiality, integrity and accessibility of information. Electronic devices and networks became the instrument of the crime, objects in electronic form became the target of illegal actions, and the virtual environment became the place of commission. The information support system for the activities of internal affairs bodies is a system of information and communication technologies that ensure the collection, storage and access to information related to various aspects of the activities of the Department of Internal Affairs. The information processing and storage system has always been an important area of development for the Department of Internal Affairs, but in the era of information technology development it has received wide opportunities for improvement. Currently, this system operates at three levels (federal, regional and local), providing administrative, organizational and operational work of the Department of Internal Affairs with modern tools for collecting, storing, recording and accessing information.
Keywords: information support, information system, information security, information technology, internal affairs agencies.
Article bibliography
1. Gogaeva A. L. Functions and methods of administrative activities of the Internal Affairs Directorate (police) in the field of ensuring information security // Human rights in the context of the development of the information society and institutions of electronic democracy. Materials of the international scientific and practical conference. – Vladikavkaz: VSU, 2024. – P. 62.
2. Korelov O. A. Some problems of ensuring information security when using artificial intelligence in the management activities of internal affairs agencies // Information security as an element of national security. Collection of scientific articles based on the results of the All-Russian scientific and practical conference. – M.: Yurait, 2024. – P. 95-97.
3. Kishkovsky I. A. Priorities of information security in law enforcement // Cybersecurity: technical and legal aspects of information protection: materials of the interuniversity student scientific and practical conference , Moscow, April 27, 2022. – Volgograd: IP Chernyaeva Yulia Igorevna (Publishing House “Sirius”), 2022. – P. 107.
4. Matveev M. D. Digital technologies in the activities of law enforcement agencies of the Russian Federation // Current problems of justice and law enforcement: Proceedings of the IV All-Russian scientific and practical conference April 26, 2023, Pyatigorsk, April 26, 2023. – Pyatigorsk: PSU, 2023. – P. 259.
5. Shashkova V. N. Possibilities of information support for the activities of employees of internal affairs bodies // Bulletin of pedagogical sciences. – 2023. – No. 4. – P. 94-99.
LAW ENFORCEMENT AUTHORITIES
KIREEV Ildar Marseljevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
KHABAROV Dmitriy Valentinovich
associate professor of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
IVANCHENKO Evgeniy Sergeevich
Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ISSUES OF THE USE OF UNMANNED AERIAL VEHICLES IN THE PRACTICAL ACTIVITIES OF INTERNAL AFFAIRS BODIES
The presented work covers issues related to the potential and practical benefits of using unmanned aerial vehicles in the activities of law enforcement officers. The possibilities and risks of using unmanned aerial vehicles in this area are being considered. The results of the ongoing research are based on the analysis of the existing scientific literature on the use of unmanned aerial vehicles in the practical activities of the police. At the conclusion of the study, conclusions were drawn about the significant benefits that the introduced practice can bring, expressed in improving the efficiency of work, the safety of police officers and citizens.
Keywords: unmanned aerial vehicles, law enforcement agencies, increased efficiency, practical significance, mobility, sustainability.
Bibliographic list of articles
1. Sabinin A. A. On the issue of using unmanned aerial vehicles in the activities of traffic police officers // Current state and prospects for ensuring road safety: theory and practice. – 2023. – P. 149-153.
2. Kosovsky V. B ., Martynyuk S. N. Current issues of practical application of unmanned technology in the internal affairs bodies of the Russian Federation // Society: politics, economics, law. – 2021. – No. 3 (80). – P. 25-29.
3 . Bogdanov E.V., Stepantsova M. V., Vasekha M. S. Unmanned aerial vehicles of internal affairs bodies. Main aspects of using unmanned aerial vehicles // BBK 68.5/7ya73. – 2023. – P. 18.
4. Baranov A. R., Uskova M. A. Basics of using unmanned aerial vehicles by internal affairs bodies // BBK 68.5/7ya73. – 2023. – P. 10.
5. Dronova O. B., Prokofieva E. V. Problems of using unmanned aerial vehicles in supporting the activities of the units of the Ministry of Internal Affairs of Russia // Modern criminal procedural law – lessons of history and problems of further reform. – 2022. – T. 1. No. 1. – P. 212-217.
LAW ENFORCEMENT AUTHORITIES
KOSHKAROVA Yuliya Alexandrovna
Ph.D. in cultural studies, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
ASTAKHOVA Armini Avetikovna
Ph.D. in psychological sciences, senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
FEATURES OF THE DEVELOPMENT OF THE POLICE OF THAILAND: HISTORY AND MODERNITY
The article examines the features of the historical development and current state of the Thai police. The influence of English, Japanese and American traditions on the formation of Thai police agencies and their activities is noted. The modern structure and regulatory framework of the police are presented. The features characterizing the Thai police are revealed. Special attention is paid to the Strategy of the police department and its role in the process of improving the activities of law enforcement agencies in Thailand.
Keywords: Royal Thai Police, law and order, improvement of the police system, National Police Management Strategy.
Bibliographic list of articles
1. Royal Thai Police: Official website. [Electronic resource]. – Access mode: http://www.royalthaipolice.go.th/index.php (date of access: 20.06.2024).
2. National Police Management Strategy for 20 Years (2018-2037). [Electronic resource]. – Access mode: http://www.royalthaipolice.go.th/downloads/rtpstrategy20years.pdf (date of access: 20.06.2024).
3. World population review. [Electronic resource]. – Access mode: https://worldpopulation-review.com/country-rankings (date of access: 10.07.2024).
LAW ENFORCEMENT AGENCIES
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
SOCIAL GUARANTEES FOR EMPLOYEES OF THE UIS: PROBLEMS AND WAYS TO SOLVE THEM
The article presents a scientific analysis of individual problems of legal regulation of social guarantees for employees of the penal enforcement system of the Russian Federation, and makes proposals for improving legislation and law enforcement activities aimed at increasing the level of their social protection.
Keywords: penal enforcement system, social protection, social guarantees, housing, medical care, pension provision.
Bibliographic list of articles
1. Malkova L. L. Organizational and legal means of reducing staff turnover in the penal system of the Russian Federation // Ius Publicum et Privatum. – 2022. – No. 5 (20). – P. 43-51.
2. Derbina O. V. Organizational and legal problems of the implementation of the right of employees of the penal system to receive monetary compensation for the rental (sublease) of residential premises // Bulletin of the Institute: Crime, Punishment, Correction. – 2014. – No. 1 (25). – P. 56-59.
3. Smusenok A. V. Problems of administrative and legal regulation of the provision of social guarantees to employees of the penal system // The penal system at the present stage, taking into account the implementation of the Concept of development of the penal system of the Russian Federation for the period up to 2030. Coll. t. int. sci.-pract. conf. (Ryazan, November 17-18, 2022). – Ryazan, 2022. – P. 1116-1119.
4. Nerobova E. V. Problems of administrative and legal regulation of medical care for employees of the penal system of the Russian Federation // Actual problems of law: a scientific approach of young researchers: a collection of scientific articles by students of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia / under the general editorship of V. N. Nekrasov. – Vologda, 2020. – P. 170-174.
5. Bortnikov S. P., Popova L. N. Some issues of social security in the penal system // Bulletin of the Samara Legalinstitute. – 2022. – No. 2 (48). – P. 23-26.
6. Golodov P. V. Organizational and legal problems of pension provision for employees of the penal system // Bulletin of the Kuzbass Institute. – 2019. No. 4 (41). – P. 152-165.
7. Aniskina N. V. Tax benefits as one of the necessary elements for the formation of a system of social and legal guarantees provided to employees of the penal system // Social and legal guarantees and measures of social protection of employees of the Federal Penitentiary Service of Russia. Coll. of materials. interuniversity scientific-practical. seminar (Pskov, December 9, 2022). – Pskov, 2023. – pp. 9-16.
LAW ENFORCEMENT AUTHORITIES
MAGOMEDALIEV Aliyulakh Magomedalievich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Eduard Vadimovich
associate professor of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GORYAGIN Roman Alexeevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
THE INTRODUCTION OF A SYSTEMATIC APPROACH TO MANAGEMENT ACTIVITIES IN THE DEPARTMENT OF INTERNAL AFFAIRS. DEVELOPMENT PROSPECTS
The article is devoted to the urgent problem of improving the efficiency of management in the internal affairs bodies by introducing a systematic approach. It analyzes the shortcomings of the traditional management model based on functional separation, and demonstrates the need to move to a system vision that takes into account the interconnection of all elements of the system and their interaction. Modern processes of reforming all spheres of life in Russian society, focused on institutions of containment of society and a democratic rule of law state, are characterized by complexity and inconsistency. The state of law enforcement, which has become one of the most serious aspects of subsequent reforms, is of particular concern.
Keywords: internal affairs bodies, system, management, structure, management work.
Article bibliography
1. Klychnikov V. M. Organizational technologies in the management system of law enforcement agencies: theoretical and methodological aspect: Dis. … Cand. of Law: 12.00.11. – Moscow, 2003 – 195 p. RSL OD, 61:04-12/89
2. The doctrine of I. P. Pavlov on higher nervous activity. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/uchenie-i-p-pavlova-o-vysshey-nervnoy-deyatelnosti, free (date of access: 06/27/2024).
3. Antonov V. V., Kalimullin N. R. Method of forming an integrated decision support system for heads of departments and personnel services in internal affairs bodies. In the collection: Information technologies of intellectual decision support (ITIDS’2019). Proceedings of the VII All-Russian scientific conference (with invitation of foreign scientists): in 3 volumes, 2019. – P. 180-183.
4. Technical Association ZENIT. Psychology as a metrologically sound science. [Electronic resource]. – Access mode: https://skies.land/tozenit (date of access: 27.06.2024).
5. Educational portal “ZNANIO”. What is system-vector psychology and how does its study contribute to personal development? [Electronic resource]. – Access mode: https://zen.yandex.ru/media/znanio/chto-takoe-sistemnovektornaia-psihologiia-i-kak-ee-izuchenie-sposobstvuet-razvitiiu-lichnosti-5e5cc843cdb5b2604ab65080 (date of access: 27.06.2024).
6. Psychology. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/klinicheskie-ekspertnye-metody-psihologicheskoy-diagnostiki-v-professionalnom-otbore-sotrudnikov-pravoohranitelnyh-organov-na, free (date of access: 27.06.2024).
LAW ENFORCEMENT AGENCIES
MARTYNENKO Vladislav Sergeevich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
KARELKIN Evgeniy Nikolaevich
Ph.D. in sociological sciences, associate professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
BORISOVA Natalya Ivanovna
lecturer of Operational investigative activities of the internal affairs bodies sub-faculty of the Omsk Academy of the MIA of Russia
BOYKO Alexander Dmitrievich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
PEDAGOGICAL SYSTEM OF ORGANIZATION OF PHYSICAL TRAINING AND SPORTS IN EDUCATIONAL ORGANIZATIONS OF THE MIA OF RUSSIA
Physical training, as well as sports in educational organizations of the Ministry of Internal Affairs of Russia are integral elementsof educational activities, which are characterized by the presence of a service-applied nature. Physical training is one of the fundamental disciplines in the professional training of cadets and students. In general, this discipline is represented by a single pedagogical process, which is aimed at developing and improving the speed-strength qualities of law enforcement officers, is a guarantee of the effective implementation of service and operational combat missions, as well as the competent use of physical strength and high performance in the process of future service activities.
The level of formation of physical readiness and improvement of skills, abilities and competencies of physical orientation depends on the professional competence of teaching staff. It is the personal professional qualities of the teacher in the educational process that affect the organization of physical training, the level of physical qualities of students, the methodology of conducting classes, electives and sports sections.
The work presents pedagogical tools, methods and generally explains the influence and importance of the pedagogical process for the development and improvement of physical skills and abilities of students from educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: pedagogical process, teacher, professional competence, physical training, professional activity, sports and physical training, training process.
Article bibliography
1. Struganov S. M., Panova O. S., Ukrainsky S. V. Improving special-applied qualities in physical training classes using the method of knocking down factors // Current issues in the development of hand-to-hand combat: problems , solutions, prospects: Collection of scientific papers of the International scientific and practical conference, Moscow, October 5-6, 2023. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2023. – P. 133-137. – EDN LNLMVS.
2. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodological and practical foundations of physical education and training of students of educational organizations of the Ministry of Internal Affairs of Russia: Textbook. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p. – ISBN 978-5-7247-1179- 1. – EDN GBDLJV.
3. Babin A. V. Methodological recommendations for the formation and development of physical qualities for police officers to act in special conditions // Modern approaches to training personnel in the interests of ensuring legality and law and order: issues of modernization and improvement: Collection materials of the educational and methodological meeting, Ufa, February 21-22, 2024. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – P. 29-32. – EDN FBSBXQ.
4. Babin A. V. The Importance of Physical Fitness in the formation of a healthy lifestyle of students of educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of the internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd, February 1 – March 1, 2023 / Editorial board: R. V. Kamnev, O. S. Panova , D. G. Ovechkin [and others]. Issue 5. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 23-27. – EDN BZFBAO.
5. Babin A. V., Yachmenev S. P. The influence of physical training of educational organizations of the Ministry of Internal Affairs of Russia on the motivation of physical activity among students // Current issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training of employees of internal affairs bodies: Proceedings of the international scientific and practical conference, St. Petersburg, May 25-27, 2023. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 16-19. – EDN HZRMHE.
6. Gabdrashitova K. I. Sports leisure as an element of independent training, influencing the increase in the level of physical abilities of students of educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of the internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd , July 01 – July 30, 2022 / Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [et al.]. Volume Issue 4. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2022 . – P. 137-141. – EDN KRXGFG.
LAW ENFORCEMENT AGENCIES
MIRZAEV Mirza Abdullaevich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
ISAMAGOMEDOV Abdulkader Magomedovich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
CONCEPT, MEANING, FEATURES OF THE JUDICIARY IN THE RUSSIAN FEDERATION
The article describes the significance and characteristics of the judiciary in the Russian Federation, gives its concept, interpreted by scientists. It is characterized by its main features. In connection with the said purpose of this study can be defined as the identification of the characteristics of the judiciary in our country and its importance. The concept of judicial power is given: it is a branch of state authority, representing the set of judicial bodies whose main purpose is to exercise justice in protecting citizens’ rights and freedoms, resolving disputes between them, as well as between state authorities. It is said about its essence, The importance of the judiciary in Russia is due to the fact that it guarantees the development of the country and is a prerequisite for building the rule of law. The problem of lack of concept of judicial power in the Constitution of the Russian Federation and the Federal Constitutional Law of 31 December 1996 1-FKZ “About the judicial system of the Russian Federation” is highlighted, therefore legal scholars interpret it ambiguously. The main methods of the research are formal-legal, comparative-legal, analysis method. Emphasis is placed on the changes made by the 2020 amendments to the implementation of the judiciary. The study concluded that the principle of justice is a determining factor in the organization of the judiciary. The large number of features inherent only to the judiciary, shows its uniqueness compared with other branches of government.
Keywords: state, judicial power, justice, state power , amendments of 2020, the Constitution of the Russian Federation, economic space, respect for the rights of each citizen, autonomy, rule of law, absence of notion of judiciary, meaning of judicial power in the Russian Federation, legal conflicts.
Article bibliography
1. Aleshkova I. A., Vlasova T. V. Judicial power in the system of separation of powers in the Russian Federation: modern understanding // Russian judge . – 2012. – No. 8. – P. 5-8.
2. Denisenko S. V. On the issue of the concept and characteristics of judicial power // Bulletin of the Faculty of Law of the Southern Federal University. – 2022. – V. 9. No. 2. – P. 23-28.
3. Dikova I. V. Specifics of the Judicial Authority in the System of Separation of Powers // Law and Right. – 2022. – No. 6. – P. 24-26.
4 . Knyazeva E. V. Justice as the main function of the judiciary // Modern problems of state and law: collection of materials. International scientific and practical conference dedicated to the 65th anniversary of the Siberian University of Consumer Cooperatives (Novosibirsk, December 10, 2020). – Novosibirsk: Siberian University of Consumer Cooperation, 2020. – P. 110-112.
5. Kovalenko S. G. Judicial power in the Russian Federation: concept and principles // Law. Right. State. – 2023. – No. 4 (40). – P. 157-158.
6. Romanovsky G. B., Shishkin A. D. Concept, meaning, features of judicial power in the Russian Federation // Legal policy of the state: theory, history, practice. – 2014. – No. 4 (8). – P. 1-14.
7. Sorokin R. S. Concept and characteristics of judicial power as a type of state power // Judicial system and civil society of Russia: Saratov: Volga Region Institute of Management named after P. A. Stolypin – branch of the Federal State Budgetary Educational Institution of Higher Professional Education “Russian Presidential Academy of National Economy and Public Administration” service under the President of the Russian Federation”, 2015. – P. 41-43.
8. Terentyev A. V. Concept, essence and significance of judicial activity in the Russian Federation // Trends in the development of science and education. – 2023. – No. 95 -3. – P. 155-158.
9. Terentyev A. V. The essence and significance of the judiciary in the Russian Federation // Trends in the development of science and education. – 2022. – No. 91-4. – P. 24-27.
10. Khodareva T. V. The role and significance of the judiciary in the legal system // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 4 (15). – P. 34–38.
LAW ENFORCEMENT AGENCIES
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
PODOLSKIY Vladimir Vyacheslavovich
associate professor of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
ZAKOMALDIN Alexander Sergeevich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
PHYSICAL TRAINING AS A KEY COMPONENT OF THE PROFESSIONAL COMPETENCE OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES
The article considers physical training as a key component of the professional competence of an employee of the internal affairs bodies. The essence of the professional competence of an IAB employee and its structure, in which physical training occupies an important place, are revealed. The main elements of physical training as a component of professional competence are described in detail: the development of physical qualities, the formation of applied motor skills, and the maintenance of functional readiness of the body. It is noted that a high level of physical fitness provides an employee of the Department of Internal Affairs with psychophysical stability, the ability to effectively use physical force, confidence in their actions and has a positive effect on other components of professional competence. The article also discusses the main elements of the organization of physical training of police officers, including regulatory and legal regulation, educational and methodological, logistical and personnel support. In conclusion, the conclusion is made about the key role of physical training in ensuring the effectiveness and safety of the official activity of an employee of the internal affairs bodies.
Keywords: physical training, professional competence, an employee of the internal affairs bodies, regulatory and legal regulation.
Bibliographic list of articles
1. Ivanov A. V. The role of physical training in the formation of professional competencies of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 123-128.
2. Sidorov S. A. The influence of physical training on efficiency of official activity of employees of the Internal Affairs Directorate // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 42-49.
3. Kuznetsov M. M. Features of the organization of physical training in the system of professional training of employees of the Internal Affairs Directorate / / Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 67-73.
4. Smirnov I. V. An integrated approach to the physical training of employees of internal affairs bodies // Scientific notes of the P. F. . Lesgaft. – 2022. – No. 3. – P. 281-286.
SAFETY AND LAW
DORONIN Yuriy Petrovich
Ph.D. in historical sciences, associate professor, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
INTEGRATIVE ORIENTATION OF THE RUSSIAN LAW IN ANTI-EXTREMISM COOPERATION
In this article the author examines the integrative guidelines of the Russian law aimed at countering extremism in international cooperation and proposes some forms of cooperation in this area. The author analyzes the provisions of the Federal Law “On Counteracting Extremism-Related Activities”, the National Security Strategy of the Russian Federation, the Strategy to Counteract Extremism in the Russian Federation until 2025 and a number of implemented international regulatory legal acts. p> Keywords: extremism, the United Nations Organization, security, counteraction, international cooperation, countering extremism.
Article bibliography
1. Borisov D. A. Extremism and the UN counter-terrorism agenda in the 21st century // World Politics. – 2018. – No. 1. – P. 48-57. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=24348 (date accessed: 10.07.2024).
2. UN Global Counter-Terrorism Strategy [Electronic document]: UN General Assembly Resolution No. 60/288 of 09/08/2006. – [Electronic resource]. – Access mode: https://base.garant.ru/70309134/?ysclid=lyfxapfeg470379622 (date of access: 07/10/2024).
3. Shanghai Convention on the Suppression of Terrorism , separatism and extremism of 15.06.2001 // On the ratification of the Shanghai Convention on Combating Terrorism, Separatism and Extremism: Federal Law of 10.01.2003 No. 3-FZ. – [Electronic resource]. – Access mode: https://https://docs.cntd.ru/document/901837728 (date of access: 10.07.2024).
4. Convention of the Shanghai Cooperation Organization on countering extremism of 9.06. .2017 // On the ratification of the Convention of the Shanghai Cooperation Organization on Countering Extremism: Federal Law of 26.06.2019 No. 196-FZ. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/560761959 (date of access: 10.07.2024).
5. On the national security strategy of the Russian Federation: Decree of the President of the Russian Federation of July 2, 2021 No. 400. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
6. On combating extremist activity: Federal Law of 25.07.2002 No. 114-FZ. – [Electronic resource]. – Access mode: Access from the reference and legal “ConsultantPlus” system.
7. Criminal Code of the Russian Federation: Federal Law of 13.06.1996 No. 63-FZ. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
8 . Code of the Russian Federation on Administrative Offenses of the Federation: Federal Law of 30.12.2001 No. 195-FZ. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
9. On approval of the Strategy for countering extremism in RussiaRussian Federation until 2025: Decree of the President of the Russian Federation of May 29, 2014 No. 344. – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
SECURITY AND LAW
OVCHINSKIY Anatoliy Semenovich
Ph.D. in technical sciences, professor, professor of Information security of the educational and scientific complex of information technologies sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, Academician of the Russian Academy of Natural Sciences
ZHURAVLENKO Nikolay Ivanovich
Ph.D. in Law, associate professor, associate professor of Mathematical modeling and information security sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology, Corresponding Member of the Russian Academy of Natural Sciences
AYUPOVA Aygul Rafisovna
Ph.D. in physical and mathematical sciences, associate professor of Mathematical modeling and information security sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology
PROSPECTS FOR USING GENERATIVE APPLICATION OF STRUCTURAL ANALYSIS IN INFORMATION COMBATING DESTRUCTIVE ONLINE COMMUNITIES
The article discusses both cybercentric and anthropocentric approaches to ensuring information security. In the information war, there are actions that are carried out “here and now”, and deep, prolonged operations that are carried out for years and decades, as well as spiritual and worldview expansion. It is noted that our country has more than once found itself on the verge of collapse as a result of infection with “progressive” ideas and the aggravation of social contradictions, which were initiated and “fueled” by external hostile forces. Currently, with the development of Internet communications, network resources are beginning to play a significant role in the formation of worldview and intellectual positions. At the same time, network communities are coming to the forefront of the mental-cognitive war, uniting on the basis of destructive ideas. In the fight against such communities, the article proposes to identify their vulnerabilities associated with their organization, structure and what is their unifying principle.
Keywords: information security, system-structural analysis, prolonged information war, destructive online communities, mental-cognitive warfare, destructive ideologies.
Article bibliography
1. Weller M. Kyiv and Moscow. Divergence. – M .: AST, 2023.
2. Bismarck on Russia and Ukraine // Otechestvo Magazine. [Electronic resource]. – Access mode: https://Jonal-otechestvo.ru.
3. Metropolitan Tikhon (Shevkunov G.A.). The Death of an Empire. Russian Lesson. – M.: Free Wanderer, 2024. – 400 pp.
EDAGOGY AND LAW
ALIEVA Asiyat Islamutdinovna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
INTEGRATION OF SPORTS PROGRAMS INTO THE SYSTEM OF PREVENTION OF JUVENILE DELINQUENCY: RUSSIAN AND FOREIGN EXPERIENCE
This scientific article is dedicated to the urgent problem of preventing juvenile delinquency through the integration of sports programs. The author of the article suggests considering the potential of sports programs as a tool for preventing offenses among adolescents and their successful socialization. A sports team can become a positive reference group for a teenager, replacing an antisocial company. Russia has also accumulated some experience in using sports programs to prevent juvenile delinquency.
Keywords: juvenile delinquency, crime prevention, deviant behavior, integration, sports programs, socialization of adolescents, social adaptation, sports, project.
Article bibliography
1. Belsky A. I., Yagodin R. S. Sports programs as an effective means of preventing juvenile delinquency // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (33). – P. 39.
2. Karpov V. Yu., Skorosov K. K. Sports programs in the system of juvenile delinquency prevention: the US experience // Scientific notes of P. F. Lesgaft University. – 2018. – No. 4 (158). – P. 46.
3. Kashuba Yu. A., Khomutov M. I. Sports as a method of preventing juvenile delinquency // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (49). – P. 34.
4. Konovalova I. A. The role of physical education and sports in the prevention of deviant behavior of adolescents // Pedagogical, psychological and medical-biological problems of physical education and sports. – 2017. – V. 12. No. 2. – P. 72.
5. Shestakov V. A. Foreign experience of usingof sports in the prevention of juvenile delinquency // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (85). – P. 55.
PEDAGOGY AND LAW
VERBILOV Alexey Fedorovich
Ph.D. in technical sciences, associate professor, professor of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia, colonel of police
URAEV Rail Raufovich
Ph.D. in sociological sciences, associate professor, Head of Socio-economic and humanitarian disciplines sub-faculty of the Bashkir State Agrarian University
ZHUKOVA Anastasiya Igorevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
KOSOVSKAYA Daria Vyacheslavovna
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
INTERACTIVE TEACHING METHODS: PROSPECTS AND FEATURES OF IMPLEMENTATION
In this article, interactive teaching methods are considered as an effective tool for improving the quality of the educational process. The author analyzes the main types of interactive methods, including role-playing games, brainstorming, discussions, etc. The advantages of interactive teaching methods are discussed, such as increasing the motivation of students, developing critical thinking, improving communication skills and developing teamwork skills. The article also focuses on the prospects for the introduction of interactive methods in educational organizations, emphasizing the need to adapt traditional approaches to modern requirements and challenges. In conclusion, the authors conclude that interactive teaching methods open up new horizons for pedagogy, contributing to the creation of a more dynamic and engaged educational environment.
Keywords: interactive teaching methods, teaching methods, brainstorming method, interactive form of learning, competence approach.
Article bibliography
1. Bystrova N.V., Zinovieva S.A., Voronina I.R. Use of the “brainstorming” method in teaching legal disciplines // Problems of modern pedagogical education. – 2021. – No. 72-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-metoda-mozgovoy-shturm-v-prepodavanii-pravovyh-distsiplin (date of access: 08/30/2024).
2. Granitshaya A. S. Teach to think and act: Adaptive. teaching system in schools: Book for the teacher. – M .: Education, 1991. – 172 p.
3. Dokhoyan A. M. Interactive learning in higher education – requirements of FSES-3 // Humanitarian, socio-economic and social sciences. – 2014. – No. 5-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie-v-vysshey-shkole-trebovaniya-fgos-3 (date of access: 08/30/2024).
4. Egshatyan M. I., Titova E. R. Interactive teaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 08/30/2024).
5. Mukhametzhanova A. O., Aidarbekova K. A., Mukhametzhanova B. O. Interactive teaching methods at the university // International journal of applied and fundamental research. – 2016. – No. 2-1. – P. 84-88. [Electronic resource]. – Access mode: https://applied-research.ru/ru/article/view?id=8432 (date of access: 08/30/2024).
6. Fozilova M. A. Interactive teaching methods at the university // Economy and society. – 2022. – No. 9 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-v-vuze (date of access: 08/30/2024).
7. Shirpal (Boltovskaya) E. N. Advantages and disadvantages of interactive teaching methods // Pedagogical Bulletin. – 2022. – No. 23. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/preimuschestva-i-nedostatki-metodov-interaktivnogo-obucheniya (date of access: 08/30/2024).
EDAGOGY AND LAW
DADOV Aslan Vladimirovich
senior lecturer of Physical Training sub-faculty of the North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, major of police
FEATURES OF THE APPLICATION OF INNOVATIVE TECHNOLOGIES IN THE PROCESS OF PHYSICAL TRAINING OF STUDENTS, CADETS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the features of the application of innovative technologies in the process of physical training of students, cadets of educational organizations of the Ministry of Internal Affairs of Russia. The system of physical training implemented in educational organizations of the Mhistory of Internal Affairs of Russia needs to be improved due to the constant increase in requirements for the level of physical fitness of employees of the internal affairs bodies (OVD). Employees of the internal affairs bodies must have a certain level of professional competencies in the field of physical training, as they must counteract offenders with the use of physical force, special means and various types of firearms. There are many methods and mechanisms for improving the system of physical training in educational organizations of the Ministry of Internal Affairs of Russia. Taking into account modern trends in digitalization and informatization in the field of education, the most optimal and relevant is the use of innovative technologies. In pedagogy, innovative mechanisms contribute to increasing the effectiveness of physical training of students, cadets of educational organizations of the Ministry of Internal Affairs of Russia. It is in the educational process that the foundations of physical fitness of future employees of the internal affairs bodies are formed, and it is training that forms in the employees of the internal affairs bodies the ability to self-improvement of physical skills and qualities. A high level of physical fitness allows you to effectively counter offenders and minimize the risk of injury to all participants in illegal activities.
Keywords: innovations, physical training, innovative technologies, improvement , cadets, speed-strength qualities, competencies, skills, abilities, digitalization.
Article bibliography
1. Altunin A. Yu. Improving the process of physical training of cadets and students of universities of the Ministry of Internal Affairs through innovative technologies in the system of physical education and sports // Science-2020. – 2022. – No. 3 (57). – P. 141-147.
2. Gvozdkov P. Yu., Gilmutdinova N. I., Bondarenko D. M. Application of innovative technologies in the educational process for physical training of cadets (students) of universities of the Ministry of Internal Affairs of Russia // Scientific notes University named after P. F. Lesgaft. – 2023. – No. 1. – P. 104-108.
3. Gubenkov A. O. The influence of motivation on sports achievements // Improving the physical training of law enforcement officers: a collection of scientific articles ( Orel, June 23, 2022). – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 64-69.
4. Inozemtsev S. V. On some problems of modernization and use of new technologies in the field of physical education and sports // Improving fire and tactical – special training of law enforcement officers: Collection of materials of the All-Russian conference (Orel, May 19, 2022). – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 105-111.
5. Olkhovskaya I. V. Application of information and communication technologies in educational activities of sports educational institutions // International Journal of Humanities and Natural Sciences. – 2020. – No. 1-2 (40). – P. 37-39.
PEDAGOGY AND LAW
ZHABKIN Anton Sergeevich
Ph.D. in Law, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
LINEVICH Yan Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
STRIZHENOV Alexey Vyacheslavovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
INTERACTIVE TEACHING METHODS USED IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS
The article discusses modern interactive teaching methods used in educational organizations of the Ministry of Internal Affairs of Russia. Special attention is paid to their importance for the formation of professional skills among future specialists. The authors focus on various teaching methods, such as case studies, organizational and activity games and game design, which contribute to the development of critical thinking and the development of practical skills among students.
The study demonstrates how interactive methods actively involve students in the learning process, increasing their motivation and interest in professional activities. In conclusion, the article emphasizes the need to introduce interactive approaches into the educational process, which meets modern requirements for training personnel for the Ministry of Internal Affairs, and offers recommendations for their further application to improve educational results.
Keywords: case study, brainstorming method, game design, interactive teaching methods, teaching methods.
Article bibliography
1. Egshatyan M. I., Titova E. R. Interactive teaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 09/29/2024)
2. Koldina M. I., Voronina I. R. Using the brainstorming method in a university // Innovative economy: prospects for development and improvement. – 2020. – No. 2 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-metoda-mozgovogo-shturma-v-vuze (date of access: 09/29/2024).
3. Kutseeva E. L., Kutseev V. V. Modification of the brainstorming method in professional education // MNIZH. – 2016. – No. 2-4 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modifikatsiya-metoda-mozgovogo-shturma-v-professionalnom-obrazovanii (date of access: 09/29/2024).
4. Maltseva T. V., Mikhailova V. K. Use of active and interactive teaching methods in the educational process of the university of the Ministry of Internal Affairs of Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-aktivnyh-i-interaktivnyh-metodov-obucheniya-v-obrazovatelnom-protsesse-vuza-mvd-rossii (date of access: 09/29/2024).
5. Russkova Yu. N., Ulyanova I. V. Formation of professional competencies of cadets of educational organizations of the Ministry of Internal Affairs of Russia through interactive technologies // Psychopedagogy in law enforcement agencies. – 2018. – No. 4 (75). – P. 65-71. DOI: 10. 24411/1999-6241-2018-14012.
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
THE SOCIO-PEDAGOGICAL ASPECTS OF THE ADAPTATION OF JUVENILE OFFENDERS
The article deals with socio-pedagogical aspects of adaptation of juvenile convicts. Special attention is paid to the influence of educational and educational programs on the re-socialization of adolescents in prison conditions. The main problematic issues related to the adaptation processes are outlined, and possible ways of their solution with an emphasis on innovative approaches are proposed.
Keywords: Adaptation, juvenile offenders, resocialization, pedagogy, educational programs.
Article bibliography
1. Dubrovina I. V. Psychological support of children and adolescents in a crisis situation. – M.: Institute of Psychology of the Russian Academy of Sciences, 2020. – 312 p.
2. Andreeva G. M. Social Psychology: textbook. – 5th ed., revised and enlarged. – M.: Aspect Press, 2018. – 368 p.
3. Vinogradova N. A., Serov A. B. Pedagogical technologies for the resocialization of juvenile offenders. – M.: Pedagogical Society of Russia, 2019. – 274 p.
4. Tsarkova E. G., Antonovsky A. V. E-learning as a modern format of educational activities // Applied Psychology and Pedagogy. – 2022. – Vol. 7. No. 1. – P. 39-50.
5. Zorina N. S. Problems of adaptation of juvenile convicts in a correctional colony // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 447-448.
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 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 Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service” of Russia
ENSURING THE SCIENTIFIC ACTIVITIES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION THROUGH THE TRAINING OF HIGHLY QUALIFIED SCIENTIFIC AND PEDAGOGICAL PERSONNEL
The article reflects some regulatory legal acts regulating the provision of scientific activities in the penal system of the Russian Federation and the procedure for the work of postgraduate studies in educational organizations of the Federal Penitentiary Service of Russia. The scientific specialties for which highly qualified scientific and pedagogical personnel are trained in postgraduate educational organizations of the Federal Penitentiary Service of Russia, and the presence of existing dissertation councils operating on the basis of educational and scientific organizations of the Federal Penitentiary Service of Russia are considered . Some reasons were identified due to which the defense of dissertation research among postgraduate graduates did not take place during the period under study.
Keywords: postgraduate studies, dissertation, highly qualified scientific and pedagogical personnel, penal system of the Russian Federation.
Article bibliographic list
1. Grushin F. V. Training of scientific and pedagogical personnel for the penal system systems: some problems and possible solutions // Administrative law and process. 2024. No. 5. P. 35-38.
2. 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 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. Pp. 293-297.
3. Grushin F.V., Kashtanova A.O ., Zvyagina A. V., Shirkin A. A. Evaluation of the effectiveness of postgraduate studies in educational organizations of the Federal Penitentiary Service of Russia: analytical review / UK FSIN of Russia, FKU Research Institute of the Federal Penitentiary Service of Russia. M., 2023. 63 p.
EDAGOGY AND LAW
LAVRICHENKO Ruslan Konstantinovich
Ph.D. in pedagogical sciences, Deputy Head of International police cooperation and combating crime through Interpol channels of the center for training law enforcement officers to participate in peacekeeping missions of the All-Russian Institute for Advanced Training of the VIPK of the MIA of Russia, colonel of police
KOVALEV Vitaliy Vitaljevich
Ph.D. in technical sciences, Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia, colonel of police
ARTAMONOVA Mariya Alexandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
EDUCATIONAL TECHNOLOGIES USED IN THE TRAINING OF CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses modern educational technologies used in the process of training cadets and students of universities of the Ministry of Internal Affairs of Russia. The authors analyze the effectiveness of various technologies and methods, such as distance learning, problem-based research training, as well as their impact on the formation of professional competencies among future law enforcement officers. The study provides examples of successful implementation of innovative approaches in the educational process, highlights the problems faced by educational organizations. The conclusions emphasize the importance of integrating new technologies to improve the quality of education and training of highly qualified specialists in the field of law enforcement.
Keywords: teaching methods, interactive methods, learning technologies, educational process, distance learning, problem-based learning.
Article bibliographyphysical list
1. Dobrynina T. N., Gulyaevskaya N. V. Interactive learning technologies in the context of pedagogical innovations // Journal of Siberian Medical Sciences. – 2015. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-tehnologii-obucheniya-v-usloviyah-pedagogicheskih-innovatsiy (date of access: 08/21/2024).
2. Panina T. S., Vavilova L. N. Interactive learning // Education and Science. – 2007. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie (date of access: 21.08.2024).
3. Razbegaev P. V. Innovative technologies in the educational system of the Ministry of Internal Affairs of the Russian Federation // MNKO. – 2022. – No. 4 (95). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovatelnoy-sisteme-mvd-rf (date of access: 30.08.2024).
4. Russkova Yu. N. The essence and content of interactive learning technologies as a means of forming professional competencies among cadets of educational organizations of the Ministry of Internal Affairs of Russia // Proceedings of the XI International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2019/article/2018017605 (date accessed: 21.08.2024).
5. Tikhonova I. V., Pigida K. S., Ivanov I. I. Modern teaching technologies and ways of their implementation // Problems of modern pedagogical education. – 2020. – No. 66-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-tehnologii-obucheniya-i-puti-ih-realizatsii (date accessed: 21.08.2024).
6. Urakova E. A., Mikhailenko D. M., Sidorov A. N. Innovative educational technologies of the vocational education system // Problems of modern pedagogical education. – 2021. – No. 71-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-obrazovatelnye-tehnologii-sistemy-professionalnogo-obrazovaniya (date of access: 08.19.2024).
EDAGOGY AND LAW
FILIMONOV Rodion Nikolaevich
Head of Physical training and sports sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MUKHIN Igor Anatoljevich
lecturer of 15th Physical training sub-faculty of the Omsk Automobile and Armored Engineering Institute
PANKIN Andrey Mikhaylovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BOROVENSKIY Anton Alexandrovich
lecturer of Physical training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE DEVELOPMENT OF THE ABILITY OF SELF-IMPROVEMENT WITHIN THE FRAMEWORK OF INDEPENDENT PHYSICAL TRAINING OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Currently, special attention is paid to motivation and stimulation for independent physical improvement, sports activities of students, as this is necessary to realize the potential in the motor needs of cadets and trainees at the time of studying physical training, where a certain level of motor activity is required. The formation of an understanding of the need for independent physical education is the main goal of physical training teachers.
The concept of “physical literacy” is derived from physical self-improvement and actualizes this idea, emphasizing the importance of self-development of coordination, balance, endurance and speed, mastering various techniques for the safe and effective use of training plans, understanding the theory of sports and related meanings for understanding socio-cultural norms. physical perfection as physical literacy requires both logical thinking and creative skills to develop effective strategies for achieving personal success in a given environment.
Keywords: physical self-improvement, self-development, sports activity, physical qualities, level of physical fitness, self-observation, introspection, self-assessment.
Bibliographic list of articles
1. Panova O. S., Beletsky A. A., Babin A. V., Shanko V. V. Organization of the process of independent physical training of students of educational organizations of the Ministry of Internal Affairs of Russia as an element of improving professional training // Global scientific potential. – 2022. – No. 11 (140). – P. 180-184. – EDN YTWYCS.
2. Babin A. V. The importance of physical training in the formation of a healthy lifestyle of students of educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of the internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd, February 01 – 01.2023 / Editorial board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [et al.]. Volume Issue 5. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation,2023. – P. 23-27. – EDN BZFBAO.
3. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodical and practical foundations of physical education and training of students of educational organizations of the Ministry of Internal Affairs of Russia: Textbook. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p. – ISBN 978-5-7247-1179-1. – EDN GBDLJV.
PEDAGOGY AND LAW
SAPRONOV Sergey Vladimirovich
Ph.D. in technical sciences, senior lecturer of Tactical and special training sub-faculty of the Stavropol Branch of the Krasnodar University of the MIA of Russia
BAYRAMOV San Ajisayatovich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
BUDNIK Nikita Stanislavovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ANALYSIS OF THE EFFECT OF STIMULANTS ON IMPROVING THE SKILLS OF FIRE TRAINING OF CADETS
The article is aimed at a comprehensive analysis of the effectiveness of simulators used in the process of fire training of cadets, identifying their impact on improving practice-oriented skills of fire training, as well as developing recommendations for their use in educational organizations. The study is based on comparing the results of cadets’ training using simulators and without them, analyzing their interaction with traditional methods of fire training of students.
Keywords: fire training, shooting simulators, cadet training, effective shooting.
Article bibliography
1. Afonin D. A., Kapustin V. V. Integration of electronic firing simulators into the course of fire training of police officers / In the collection: Current issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training of police officers // Proceedings of the international scientific-practical conference. – St. Petersburg, 2022. – P. 54-56.
2. Arkhipov S. N. Use of the SKATT shooting simulator in fire training classes with special forces personnel // Concept. – 2014. – Vol. 20. – P. 3711-3715.
3. Blagovatin A. B. The main problems arising during the training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia within the framework of fire training // Epoch of Science. – 2019. – No. 19. – P. 9-11.
4. Kochurov A. G., Gedugoshev R. R. Development of professional competencies of employees of internal affairs bodies in the field of fire training // Modern scientist. – 2023. – No. 5. – P. 270-274.
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
GENERAL CHARACTERISTICS OF JUVENILE OFFENDERS IN THE FPS OF RUSSIA
The article is devoted to the analysis of social and psychological characteristics of juvenile inmates in penitentiary institutions of the Federal Penitentiary Service of Russia. The main socio-demographic and psychological factors influencing the criminal behavior of adolescents, the role of detention conditions and measures for their resocialization are considered. The problems related to the implementation of legislative norms and the effectiveness of re-socialization programs are emphasized. Special attention is paid to the consideration of directions of work to reduce recidivism.
Keywords: juvenile offenders, penal institutions, resocialization, criminal subculture, recidivism.
Article bibliography
1. Voroshchuk VB, Mashkin SG, Shevchenko EY General characteristics of the Slavic type of European penitentiary systems // Agrarian and land law. – 2023. – No. 4 (220). – P. 189-193.
2. Kostyuk MF, Kunts EV Minors as an object of criminal law and penitentiary research // Eurasian Advocacy. – 2024. – No. 2 (67). – P. 99-102.
3. Vilkova A. V., Fadeeva S. A., Lukashenko D. V. Extracurricular and educational work with juvenile convicts: similarities and differences // Bulletin of the Samara Law Institute. – 2023. – No. 2 (53). – P. 113-118.
4. Slabkaya D. N. Individually differentiated approach to counteracting the criminal subculture among minors held in institutions of the Federal Penitentiary Service of Russia // Psychology. Historical and critical reviews and modern research. – 2023. – P. 231.
Psychology and Law
IDRISOV Idris Kerimovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
PAVLOV Igor Mikhaylovich
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
MANDRYKA Yuliya Sergeevna
senior lecturer of Criminal process sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
BUKHTOYAROV Ivan Ivanovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
FACTORS INFLUENCING THE BEHAVIOR OF MINORS AND SOME ASPECTS OF THE WORK OF POLICE OFFICERS WITH DIFFICULT TEENAGERS
In this article, the biological factor is considered as one of the factors influencing the behavior of a juvenile offender. The authors consider the effect of hormones on adolescent behavior, as well as give examples of building effective communication with a juvenile offender. The authors list specific steps of preventive action against juvenile offenders and note the importance of knowledge about the factors influencing the behavior of adolescents.
Keywords: juvenile behavior, preventive impact, police officer, biological factor, difficult teenagers.
Article bibliography
1. Maistrenko G. A., Maistrenko A. G. Psychoanalytic view of juvenile delinquency // Education and Law. – 2023. – No. 11. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihoanaliticheskiy-vzglyad-na-podrostkovuyu-prestupnost (date of access: 09/01/2024).
2. Okutina N. N., Zabelich L. V. Juvenile delinquency in Russia: state and preventive measures // Bulletin of the UYU. – 2023. – No. 1 (99). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prestupnost-nesovershennoletnih-v-rossii-sostoyanie-i-mery-profilaktiki (date of access: 09/01/2024).
3. Silantyev V. I. Personality traits of juvenile offenders // Innovative science. – 2022. – No. 3-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-lichnosti-nesovershennoletnih-prestupnikov (date of access: 12.09.2024).
4. Tvorogova N. N. Establishing psychological contact with juvenile offenders // Society, law, statehood: retrospective and prospect. – 2022. – No. 3 (11). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ustanovlenie-psihologicheskogo-kontakta-s-nesovershennoletnimi-pravonarushitelyami (date of access: 17.09.2024).
5. Chekanova M. O. Social and psychological characteristics of juvenile offenders // Organization of work with youth. – 2018. – No. 3. – P. 2. – EDN XROXXF.
Psychology and Law
MANDRYKA Yuliya Sergeevna
senior lecturer of Criminal process sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
LINEVICH Yan Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
TSUROV Timirlan Beslanovich
lecturer of Fire Training sub-faculty of the Voronezh Institute of the MIA of Russia, senior lieutenant of police
ON THE IMPORTANCE OF DEVELOPING COMMUNICATION SKILLS AMONG POLICE OFFICERS
This article covers key aspects related to the effectiveness of law enforcement agencies in modern conditions. The authors emphasize that highly developed communication skills are a prerequisite for successful interaction between police officers and citizens, as well as within the team. The role of communication in the process of establishing trust, conflict resolution and crime prevention is described. The authors analyze modern methods of effective communication, paying special attention to the methods of active and passive, etc. In cinclusion, the article focuses on the fact that the development of communication skills is a strategic step towards creating a safer and more harmonious society, where dialogue between the police and the population becomes the basis for joint solutions to emerging problems.
Keywords: communication skills, police officer, professional training, psychology of communication, communication of police officers.
Article bibliography
1. Kochesokova Z. Kh. Psychology of communication of an employee of the internal affairs agency // Gaps in Russian legislation. – 2018. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-obscheniya-sotrudnika-organa-vnutrennih-del (date accessed: 09/28/2024).
2. Mashekuasheva M.Kh., Gelyakhova L.A. Formation of communicative competence of employees of internal affairs bodies taking into account modern psychotechnologies // Gaps in Russian legislation. – 2018. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-kommunikativnoy-kompetentnosti-sotrudnikov-organov-vnutrennih-del-s-uchetom-sovremennyh-psihotehnologiy (date of access: 09/06/2024).
3. Polyakova T. A., Golikova N. L. Communicative communication in professional activity // International journal of applied sciences and technologies “Integral”. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnoe-obschenie-v-professionalnoy-deyatelnosti (date accessed: 09/28/2024).
4. Rodin V. F., Balashova V. A. Communication in the activities of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschenie-v-deyatelnosti-sotrudnikov-politsii (date accessed: 09/06/2024).
5. Rodin V. F., Tsvetkov V. L. Communicative communication in the professional activities of the employees of the Ministry of Internal Affairs of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnoe-obschenie-v-professionalnoy-deyatelnosti-sotrudnikov-ovd-rf (date of access: 09/28/2024).]
6. Semchuk I. V., Slobodchikova Yu. V. Formation of communicative competence of employees of the internal affairs bodies in the process of professional activity // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-kommunikativnoy-kompetentnosti-sotrudnikov-ovd-v-protsesse-professionalnoy-deyatelnosti (date of access: 09.28.2024).
Psychology and Law
MARTYNYUK Sergey Nikolaevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
MUKHATAEV Nikolay Anatoljevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, senior lieutenant of police
LAZAREV Vladimir Yurjevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
BURLIN Sergey Vladimirovich
lecturer of the Cycle of cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
DEVELOPMENT OF STRESS TOLERANCE OF POLICE OFFICERS WHEN PERFORMING TASKS IN SPECIAL CONDITIONS
In the conditions of modern society, employees of law enforcement agencies face many stressful situations, which necessitates the development of stress tolerance as a key competence element. This article is devoted to the study of methods and approaches that contribute to increasing the stress tolerance of police officers when performing tasks in special conditions. The authors analyze the existing theoretical concepts and practical aspects of stress resistance formation. The authors note that the development of emotional stability can not only improve the quality of police work, but also minimize the risks of professional burnout.
Keywords: stress tolerance, police officer, special conditions, extreme conditions, psychological assistance, mental state.
Article bibliography
1. Zueva E. G., Barinova M. G. Psychophysiological characteristics of law enforcement officers taking into account the extreme nature of their activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (76). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihofiziologicheskie-osobennosti-sotrudnikov-pravoohranitelnyh-organov-s-uchyotom-ekstremalnogo-haraktera-deyatelnosti (date of access: 09/17/2024).
2. Samvelyan F. G., Kora N. A. Stress resistance of the individual as a psychological phenomenon // StudNet. – 2020. – No. 3. [Electronic resource]. – Modeaccess mode: https://cyberleninka.ru/article/n/stressoustoychivost-lichnosti-kak-sihologicheskiy-fenomen (date of access: 17.09.2024).
3. Samokhvalova E. A., Nosov A. V. Psychological methods of overcoming professional stress by employees facing extreme situations // Scientific journal. – 2017. – No. 10 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-metody-preodoleniya-professionalnogo-stressa-sotrudnikami-stalkivayuschimisya-s-ekstremalnymi-situatsiyami (date of access: 17.09.2024).
4. Dictionary of career guidance and psychological support / Comp. N. E. Druzhinin. – Kemerovo Regional Center for Professional Guidance of Youth and Psychological Support of the Population; Tomsk Center for Professional Guidance, 2003.
5. Urusova A. M., Bostanova S. N. Psychological characteristics of adolescents and stress resistance // Scientific notes of Lesgaft University. – 2022. – No. 5 (207). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-osobennosti-podrostkov-i-stressoustoychivost (date of access: 09.17.2024).
STATE AND LAW
RYZHENKOV Ruslan Andreevich
postgraduate student of the A. S. Griboedov Moscow University
STATE COERCION IN THE CONDITIONS OF DIGITAL TRANSFORMATION: SOME PROBLEM ASPECTS
The article examines the significance of state coercion, emphasizing its importance for maintaining public order and security. It raises the issue of the digitalization of public administration and the need to develop information systems to ensure the mechanism of state coercion. The prospects for using artificial intelligence to make decisions regarding the application of state coercion measures are discussed.
Keywords: state coercion, goals of state coercion, coercive measures, legal regulation, digitalization, artificial intelligence.
Article bibliography
1. Kaplunov A. I. On the main features and concept of state coercion // State and Law. – 2004. – No. 12. – P. 10-17.
2. 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) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 06/15/2024).
3. Maslov I. A. State coercion and state violence in modern political and legal doctrine // Legal Thought. – 2019. – No. 4-5. – P. 33-40.
4. Petrenko M. N. On the content, theoretical foundations and criteria for the admissibility of state-legal coercion // Legal state: theory and practice. – 2018. – No. 1 (51). – P. 75-80.
5. Karkhalev D. N. Digital rights in civil circulation // Siberian legal review. – 2022. – No. 2. – P. 134-141.
6. Sanavvarov G. B. On the theory of applying administrative coercion measures // ELS. – 2022. – No. 5. – P. 196-201.
STATE AND LAW
KHABIBULLINA Gulnara Rushanovna
Ph.D. in Law, associate professor, professor of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
GALEEV Ruslan Ilgizyarovich
postgraduate student of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
THE RIGHT TO WORK IN THE CONTEXT OF STATE EMPLOYMENT POLICY
This article focuses on the regulation of labor relations and the protection of workers’ rights, which is particularly relevant in the context of modern socio-economic conditions. The norms of the Constitution and the legislation of the Russian Federation form the foundation of the existing system of protection against unemployment, defining the limits of the rights and obligations of both parties to labor relations and creating a legal framework for their interaction. Protection from unemployment is an important task of constitutional and legal regulation in the field of labor. This activity is aimed at minimizing unemployment and its negative effects on social stability and well-being of the population. Since lack of work is directly linked to falling living standards and social discontent, the development and implementation of effective strategies to reduce unemployment and mitigate its consequences is considered a priority task in ensuring public well-being and reducing poverty.
Keywords: employment, state, right to work, freedom of work, guarantees, unemployment, welfare state, politics.
Article bibliography
1. Anishina V. I., Poponov Yu. G. Freedom of labor or the right to work? // Journal of Russian Law. – 2007. – No. 4.
2.Aseeva M. A., Gleba O. V., Zolkin A. L., Sverdlikova E. A. State employment policy in terms of ensuring the institutional rights of citizens // Management accounting. – 2021. – No. 7-1.
3. Geykhman V. L. Constitution of the Russian Federation and the right to work // Labor law in Russia and abroad. – 2019. – No. 1.
4. Zapolnova L. A. Employment of the population in the Russian Federation: essence and main trends // Economy and management: problems, solutions. – 2020. – Vol. 2. – No. 4 (100).
5. Kozlov Yu. A. Transformation of individual institutions of labor law in the context of digitalization // Labor law in Russia and abroad. – 2022. – № 1.
6. Mugaeva E. V. Features of the functioning of the labor market and employment of the population // Economy and business: theory and practice. – 2022. – № 6-2 (88).
7. Romanovskaya O. V., Ryzhkova A. V. Problematic aspects of the implementation of constitutional guarantees in the field of labor in modern conditions // Science. Society. State. – 2020. – Vol. 8. № 3.
8. Rodionova O. V. Social function of the modern state: Abstract of PhD in Law. – Moscow, 2007.
9. Russkikh T. V. Freedom of the parties to an employment contract upon its conclusion, modification, termination and the limits of its restriction: Dis. … Cand. of Law. – Izhevsk, 2011.
10. Fedin V. V. The relationship between the principle of freedom of labor and the right to work // Lex russica. – 2004. – No. 2.
11. Chikanova L. A. The right to work: constitutional and international aspects // Journal of Russian Law. – 2018. – No. 5 (257).
STATE AND LAW
SUKHANOV Stanislav Andreevich
postgraduate student of the North-West Institute of Management – branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
CURRENCY REGULATION IN THE DIGITAL ECONOMY: LEGAL ASPECT
The article examines the impact of the digital transformation of the economy on currency regulation. Dematerialization of the economy inevitably entails the dematerialization of means of payment. It is noted that the focus of currency regulation is on digital assets issued, registered, stored, transferred or traded using blockchain technology and smart contracts: cryptocurrencies, digital financial assets, tokens, etc.; digital assets that are not related to this technology (virtual gaming and corporate currencies, platform currencies, etc.) are ignored. It is concluded that currently the norms of currency legislation are of a framework nature, rather they indicate a general trend in currency policy – the need to streamline the use of digital assets in currency transactions. It is noted that the inclusion of requirements for “settlements through an electronic wallet” in the legislation on currency regulation seems illogical from the point of view of delimiting the spheres of legal regulation.
Keywords: currency regulation, cryptocurrency, digital assets, digital financial assets, digital economy, currency transactions.
Article bibliography
1. Development of the digital asset market in the Russian Federation. Bank of Russia report for public consultations. – 2022. – [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/141991/Consultation_Paper_07112022.pdf (date of access: 15.07.2024).
2. Cryptocurrencies: trends, risks, measures. Bank of Russia report for public consultations. – 2022. – [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/132241/Consultation_Paper_20012022.pdf (date accessed: 16.07.2024).
3. Kolychev A. M., Rassolov I. M. Legal support of the economy: textbook and workshop for universities. 2nd ed., corr. and add. – Moscow: Yurait Publishing House, 2023. – 403 p.
4. Savenko N. E. Legaltech in the digital economy and legal regulation of economic activity of citizens // Law. Journal of the Higher School of Economics. – 2023. – Vol. 16. No. 1. – P. 145-171. – DOI: 10.17323/2072-8166.2023.1.145.171.
5. Ishchenko M. V. Digital economy in the theoretical aspect // SIBIT Bulletin. – 2020. – No. 4 (36). – P. 20-36. doi:10.24412/2225-8264-2020-436-20-26.
6. Ovechkin A. P. Currency regulation as a category of currency law // Law and state: theory and practice. – 2019. – No. 11 (179). – P. 141-142.
7. Yakovlev O. K. Analysis of the legal definition of digital currency // Eurasian Advocacy. – 2021. – No. 1 (50). – P. 39-43. – DOI 10.52068/2304-9839_2021_50_1_39.
8. Girich M. G., Ermokhin I. S., Levashenko A. D. Comparative analysis of legal regulation of digital financial assets in Russia and other countries // Bulletin of international organizations. – 2022. – Vol. 17. No. 4. – P. 176-192. – doi:10.17323/1996-7845-2022-04-07.
9. Zainutdinova E. V. Models of legal regulation of the circulation of digital rights and digital currency // Law. Journal of the Higher School of Economics. – 2023. – Vol. 16. No. 4. – P. 149-182. DOI: 10.17323/2072-8166.2023.4.149.182.
10. Ponomarenko V. E., Dibina D. V. Legal regulation of crypto assets in advanced crypto jurisdictions of Europe: Malta, Liechtenstein, Switzerland // Journal of Legal Research. – 2021. – No. 2. – P. 107-118.
HUMAN RIGHTS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
TEMPORARY EXEMPTION OF PERSONS AFFECTED BY SERIOUS CRIMES FROM PAYING TAXES
Tax exemption for victims of serious crime is an important issue that requires serious discussion. Victims of crime often face physical and emotional suffering as well as financial problems. Temporary exemption of victims from tax obligations can be a form of compensation for the damage caused and help victims to restore their financial well-being. This article analyzes the categories of crimes, and considers the issue of temporary tax exemption for victims of serious crimes. Every year thousands of people become victims of crimes that dramatically change their lives. These may include robbery, robbery, fraud, serious injury to health, including death, as well as other types of crime that cause significant damage not only to the health but also to the financial situation of the victims. It is important to recognise that recovery from trauma can be a long and difficult process, and any form of support from the state can play a key role in this process.
Keywords: crimes, serious crime, tax, victims, tax payment, offences against the person, victim, support.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended)
2. Criminal law: general and special parts: textbook for universities / [Vetrov N. I. et al.]; edited by N. G. Kadnikov. – Moscow: Gorodets, 2006. – 911 p.
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).
LANGUAGE AND LAW
MASLO Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DIFFICULTIES IN TRANSLATING INTERNATIONAL LEGAL DOCUMENTS
In the modern world, where international relations are increasingly developing, there is a need for translation of documents. This applies particularly to the translation of legal documents, including regulatory legal acts and contracts. Thus, the purpose of this article is to analyze the works of various scientists and authors who have identified the features and problems of translation of legal documents. The analysis given will help to form a list of problems that translators encounter most often. This work is based mainly on a qualitative method: the authors examined and analyzed the theoretical side of the issue, identified problems that arise when translating legal documents. The identified problems were then illustrated in specific documents, which were reviewed in Russian and English. Thus, the authors applied a comparative method.
Keywords: legal translation, normative legal acts, legal terms, translation problems.
References
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2. The UN Convention on the Rights of the Child: approved by the UN General Assembly 11/20/1989; entered into force for the USSR on 09/15/1990 // ConsultantPlus: help. the legal system. – [Electronic resource]. – Access mode: http://www.consultant.ru/document /cons_doc_LAW_9959/
3. Anokhin D. A. Features of English-Russian translation in the legal field / D. A. Anokhin, E. B. Sevostyanova. // Young scientist. – 2019. – No. 4 (242). – Pp. 435-437.
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8. Kosenko E. I. Problemy perevoda terminov s angliyskogo na russkikh v yuridicheskikh dokumentakh [Problems of translation of terms from English to Russian in legal documents] / E. I. Kosenko // Mezhdunarodnyy akademicheskiy vestnik. – 2019. – № 2(34). – Pр. 54-56.
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11. Larin A. A., & Obidina L. B. (2020). Pravovoe regulirovanie sudebnogo perevoda v Rossii i ES: Obshchie problemy i puti resheniia [Legal framework of court translation and interpreting in Russia and EU: Similar problems and solutions] // Legality and Legal Order, 1. – pp. 10-14.
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18. Nekrasova T. P. Features of the translation of legal terminology from Russian into English: dis. cand. Nekrasova Tamara Petrovna Ph.D.: 02/10/20. – M., 2013. – 391 p.
ECONOMY. RIGHT. SOCIETY
ABRAMOVICH Ekaterina Tamazievna
Ph.D. in Law, associate professor of the Socio-Economic Institute of the Yu. A. Gagarin Saratov State Technical University
PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF CUSTOMS AUTHORITIES IN THE FORESEEABLE FUTURE
The formation of the economic sustainability of the state occurs through the functioning and work of customs administration bodies that control foreign economic transactions and activities. However, in modern practice, the problems associated with the quality of customs control and the effectiveness of the fight against counterfeit products entering the Russian market due to cross-border illegal trade are relevant. At the same time, the active dissemination of information technologies increases the pace of digital transformation of the customs authorities, which is the main prospect for their development in the foreseeable future. The purpose of the scientific article is to analyze modern problems and determine the prospects for the development of the customs administration system of Russia in the foreseeable future. The relevance of the study is since the quality of the customs authorities affects the effectiveness of the state’s foreign economic policy, ensuring the goals in tax, economic and budgetary regulation.
Keywords: customs authorities, customs regulation, customs administration, customs management, customs policy.
Article bibliographic list
1. Kozhukhanov N. M. Problems of functioning of customs authorities of the Russian Federation in the context of introduction of new information technologies // Bulletin of the Russian Customs Academy. – 2020. – No. 1. – P. 41-50.
2. Glazkova G. V., Sukhareva I. V. Digital transformation of customs clearance and customs control technologies // Auditor. – 2022. – V. 8. No. 9. – P. 25-28.
3. Maly A. A. Some aspects of the technology of selecting objects of customs control after the release of goods at the customs of actual control through the use of the “Postcontrol” CPS // Academic Bulletin of the Rostov Branch of the Russian Customs Academy. – 2023. – No. 2 (51). – P. 37-45.
4. Muravyov S. I. The fight against crimes in the sphere of foreign economic activity in the system of functions of the customs authorities of the Russian Federation // Issues of Russian Justice. – 2021. – No. 14. – P. 471-482.
5. Kaemova Yu. A. Problems of customs administration // International Journal of Humanities and Natural Sciences. – 2021. – No. 2-2 (53). – P. 143-145.
6. Luzgina Yu. V. Administration of customs duties in the Russian Federation, problems and basisimportant directions for improving the application // Vector of Economics. – 2023. – No. 3 (81).
7. Subbotin Yu. B. Problems of customs control of goods at the present stage // Bulletin of Tver State University. Series: Law. – 2021. – No. 2 (66). – P. 67-70.
ECONOMY. LAW. SOCIETY
SULEYMANOVA Aminat Musaevna
Ph.D. in economical sciences, associate professor of Economics and general education sub-faculty of the Dagestan State University, branch in Izberbash
AMIROVA Maryam Gatamovna
Ph.D. in economical sciences, senior lecturer of Economics and General education sub-faculty of the Dagestan State University, branch in Izberbash
PROBLEMS OF FUNCTIONING OF REGIONAL COMMERCIAL BANKS
The modern banking system currently operates in conditions of increased competition of the banking services offered, significant interference by the state and supervisory authorities. Regional banks are losing their competitive position in comparison with large federal banks. In this regard, the possibility of regional banks’ influence on the development of the real economy, and primarily on the support of small and medium-sized businesses, is significantly reduced.
It is becoming increasingly difficult for regional banking institutions to maintain their previous positions in the banking market due to stricter supervisory requirements, increased costs of complying with these requirements, while objectively reducing the profitability of many banking services. As a result, the return on equity decreases and regional banks lose their former, long-standing ties with their established clientele.
Keywords: regional banks, the shadow sector, household incomes, credit risks, regional infrastructure.
Article bibliography
1. Bystryakov A. Ya., Grekov I. E., Koika K. A. Development strategies of regional banking markets // Accounting and statistics. – 2022. – No. 3 (67). – P. 15-23.
2. Verbinenko E. A., Badylevich R. V. Development trends and problems of regional banking credit organizations at the present stage // Fundamental research. – 2022. – No. 12. – P. 19-24.
3. Zhogin K. A. Promising business strategies for forming the credit policy of Sberbank PJSC // Vector of Economy. – 2023. – No. 6.
4. The Republic of Dagestan in figures. – [Electronic resource]. – Access mode: https://fedstats.ru/dagestan/
5. The Republic of Tatarstan in figures. – [Electronic resource]. – Access mode: https://fedstats.ru/tatar/
6. Strogonov A. A. Fundamentals of forming the credit policy of a commercial bank // Economy and Politics. – 2021. – No. 2 (3). – P. 190-193.
7. Digital Russia: new reality. – [Electronic resource]. – Access mode: https://www.mckinsey.com/~/media/mckinsey/locations/europe%20and %20middle%20east/russia/our%20insights/digital%20russia/digital-russia-report.ashx.
ECONOMY. RIGHT. SOCIETY
BADI Achraf
postgraduate student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
METHODS FOR MANAGING INNOVATION ACTIVITIES OF ENTERPRISES BASED ON THE PROJECT APPROACH
The scientific article presents the results of a study of the characteristics of the main methods of managing the innovative activities of enterprises based on the project approach. The advantages and disadvantages of the project approach in managing innovation activities are analyzed. The conclusions are established that the use of methods for managing the innovative activities of enterprises should lean toward flexible project management technologies that allow them to adapt to the current conditions of economic uncertainty in the external business environment.
Keywords:innovation activity, innovation activity management, project approach, project management, project management, project management methods.
Bibliographic list of articles
1. Vakorin M. P., Sulkowski J. Problems of project management in modern IT companies and directions for improving project management // Young scientist. – 2023. – No. 9 (456). – P. 82-84.
2. Varfolomeeva V. A., Ivanova N. A., Sokolova O. L. Problems of innovative development in Russia // Economy of the North-West: problems and development prospects. – 2022. – No. 2 (69). – P. 155-161.
3. Kudryavtsev A. I. The importance of improving project management // Innovations. Science. Education. – 2021. – No. 25. – P. 1033-1036.
4. Mikhailova A. V., Popova L. N.Agile Methodology as a Tool for Efficiency and Adaptation to Changes // Economy and Entrepreneurship. – 2021. – No. 6 (131). – P. 801-806.
5. Poddubnaya M. N., Chicherina P. A. Project Management Methodologies in International Business // Economy and Business: Theory and Practice. – 2023. – No. 5-3 (99). – P. 12-18.
6. Polischuk E. A., Polischuk M. A. Innovation Process in Russia and Some Problems of Its Development // Bulletin of Udmurt University. Series Economy and Law. – 2022. – Vol. 32. No. 4. – P. 641-648.
7. Tsgoeva N. A. On the Application of the Critical Path Method in Project Management // Trends in the Development of Science and Education. – 2022. – No. 87-4. – pp. 146-150.
ECONOMY. RIGHT. SOCIETY
KOBICHEVA Alexandra Maximovna
Ph.D. in economical sciences, associate Professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
BARANOVA Tatyana Anatoljevna
Head of the Department for Model Lawmaking of the Interparliamentary Assembly of the CIS Member States
ANALYSIS OF THE EFFECTIVENESS OF CHAT BOT TECHNOLOGY IN STUDYING FOREIGN LANGUAGES
The aim of this study is to analyze the effectiveness of integrating chatbot technology into a blended learning environment in foreign language learning. The study examined students’ academic performance and engagement in the learning process, which were assessed in traditional blended learning (N=104) and chatbot-enabled blended learning (N=107). Mean scores, standard deviations (σ), and Student’s t-test for independent samples were used for comparison. We also calculated the Pearson correlation coefficient for all analyzed indicators. The results of the current study confirmed the positive impact of using artificial intelligence in blended learning, as it increases students’ emotional engagement, which directly and significantly affects their academic performance.
Keywords: chatbot technology, blended learning, engagement level, student performance.
Bibliographic list of articles
1. Aucejo E. M., French J., Araya M. P. U. and Zafar B. The impact of COVID-19 on student experiences and expectations: Evidence from a survey // Journal of Public Economics. Vol. 191. doi:10.1016/j.jpubeco.2020.104271
2. Baranova T. A., Kobicheva A. M. and Tokareva E. Y. Effects of an integrated learning approach on students’ outcomes in St. Petersburg Polytechnic University // ACM International Conference Proceeding Series. 2019. pp. 77-81. doi.org/10.1145/3369199.3369245
3. Adnan M. and Anwar K. Online learning amid the COVID-19 pandemic: Students’ perspectives // Journal of Pedagogical Sociology and Psychology. 2020. Vol. 2.No. 1.Pp. 45-51. https://doi.org/10.33902/JPSP. 2020261309.
4. Burki T. K. COVID-19: consequences for higher education // The Lancet Oncology. 2020. Vol. 21.No. 6. P. 758.
5. Bates A. W., Technology, E-learning and Distance Education (2nd ed.). New York: Routledge-Falmer, 2005.
6. Knapp N. F. Increasing interaction in a flipped online classroom through video conferencing // TechTrends. 2018. Vol. 62.No. 6.Pp. 618-624. DOI: 10.1007/s11528-018-0336-z
7. Mare S. and Mutezo A. T. The Effectiveness of E-tutoring in an Open and Distance E-learning Environment: Evidence from the University of South Africa // Open Learning: The Journal of Open, Distance and e-Learning. 2020. pp. 1-17. DOI: 10.1080/02680513.2020.1717941
8. Chen E., Kaczmarek K. and Ohyama H. Student perceptions of distance learning strategies during COVID-19 // Journal of Dental Education. 202. Vol. 1-2. DOI: 10.1002/jdd.12339
9. Tarasova N. V., Pastukhova I. P. How the transfer of the educational process to distance learning affects educational outcomes now and will affect them in the future. 2020. [Electronic resource]. – Access mode https://firo.ranepa.ru/novosti/105-monitoring-obrazovaniya-na-karantine/803-tarasova-ekspertiza.
10. Ait Baha, T., El Hajji, M., Es-saady Y., & Fadili H. Towards highly adaptive Edu-Chatbot // Pro-cedia Computer Science. 2022. No. 198. P. 397-403. https://doi.org/10.1016/j.procs.2021.12.260
11. Sandoval & Zoroayka. Design and implementation of a chatbot in online higher education set-tings // Issues in Information Systems. 2018. No. 19 (4).
12. Gabrielli S., Rizzi S., Carbone S., & Donisi V. A Chatbot-Based Coaching Intervention for Adolescents to Promote Life Skills: Pilot Study. JMIR Human Factors. 2020. No. 7 (1). e16762. https://doi.org/10.2196/16762
13. Chen H.-L., Vicki Widarso G., & Sutrisno H. A ChatBot for Learning Chinese: Learning Achievement and Technology Acceptance // Journal of Educational Computing Research. 2020. No. 58 (6). P. 1161-1189. https://doi.org/10.1177/0735633120929622
14.Pham X. L., Pham T., Nguyen Q. M., Nguyen T. H., & Cao T. T. H. Chatbot as an Intelligent Personal Assistant for Mobile Language Learning. Proceedings of the 2018 2nd International Conference on Education and E-Learning. 2020. 16-21. https://doi.org/10.1145/3291078.3291115
15. Liu Q., Huang J., Wu L., Zhu K., & Ba S. CBET: Design and evaluation of a domain-specific chatbot for mobile learning // Universal Access in the Information Society. 2020. No. 19 (3). P. 655-673. https://doi.org/10.1007/s10209-019-00666-x
16. Yin J., Goh T.-T., Yang B., & Xiaobin Y. Conversation Technology With Micro-Learning: The Impact of Chatbot-Based Learning on Students’ Learning Motivation and Performance // Journal of Educational Computing Research. 2020. https://doi.org/10.1177/0735633120952067
17. Lee K., Jo J., Kim J., & Kang Y. Can Chatbots Help Reduce the Workload of Administrative Officers? – Implementing and Deploying FAQ Chatbot Service in a University. In C. Stephanidis (Ed.), HCI International 2019. Posters. pp. 348-354. Springer International Publishing. https://doi.org/10.1007/978-3-030-23522-2_45
18. Mamani J. R. C., Álamo Y. J. R., Aguirre J. A. A., & Toledo E. E. G. Cognitive services to improve user experience in searching for academic information based on chatbot. 2019 IEEE XXVI International Conference on Electronics, Electrical Engineering and Computing (INTERCON). 2019. 1-4. https://doi.org/10.1109/INTERCON.2019.8853572
19. Mendoza S., Hernández-León M., Sánchez-Adame L. M., Rodríguez J., Decouchant D., & Meneses-Viveros A. Supporting Student-Teacher Interaction Through a Chatbot. In P. Zaphiris & A. Ioannou (Eds.). Learning and Collaboration Technologies. Human and Technology Ecosystems. 2020. 93-107. Springer International Publishing. https://doi.org/10.1007/978-3-030-50506-6_8
20. Xiao Z., Zhou M. X., & Fu W.-T. Who should be my teammates: Using a conversational agent to understand individuals and help teaming // Proceedings of the 24th International Conference on Intelligent User Interfaces. 2019. 437-447. [Electronic resource]. – Access mode: https://doi.org/10.1145/3301275.3302264
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
AVDEEVA Larisa Alexeevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
AMANGILDINA Regina Fuatovna
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
ON THE QUESTION OF ASSESSING THE EFFECTIVENESS OF THE HR MANAGEMENT SYSTEM OF THE ORGANIZATION
The article considers a set of indicators for assessing the effectiveness of the organization’s personnel management. The recommended evaluation indicators are grouped into 2 groups: indicators characterizing the effectiveness of the personnel management system as a whole and indicators characterizing the effectiveness of the performance of functions by individual subsystems of personnel management system. A goal-oriented approach is proposed, within the framework of which a comprehensive indicator of the effectiveness of the organization’s personnel management system is determined through established goals that must be achieved with minimal costs.
Keywords: personnel management system, evaluation and monitoring, key performance indicators, integrated indicator, goal-oriented approach.
Article bibliography
1. Stepanenko D. O. Methodological approaches to assessing the effectiveness of the organization’s personnel management system // Bulletin of OSU. – 2012. – No. 8 (144). – P. 80-84.
2. Tilkunov A. L. Efficiency map: what This is a method of express diagnostics // Personnel. – 2007. – No. 2.
3. Odegov Yu. G., Abdurakhmanov K. Kh., Kotova L. R. Evaluation of the effectiveness of work with personnel: Methodological approach: training and practical manual. – M.: Alpha -Press, 2011. – P. 171-172.
4. Bernard Marr. Key performance indicators. 75 indicators that every manager should know. – M.: Knowledge Laboratory, 2019. – P. 255-300.
5. Kabalina V. I., Makarova A. V. Employee engagement: systematization of approaches to definition and measurement // Organizational Psychology. – 2022. – Vol. 12. No. 3. – P. 110-137.
6. Bormotov P. 9 indicators of the effectiveness of the personnel management service. [Electronic resource]. – Access mode: https://hrtime.ru/material/9-pokazateley-effektivnosti-sluzhby-upravleniia-personalom-49139/ (date of access: 09/19/2024).
ECONOMY. LAW. SOCIETY
TUKAEVA Flyuza Anvarovna
Ph.D. in Economical Sciences, associate professor of Management in the internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
EFFICIENCY OF THE USE OF CURRENT ASSETS IN AGRICULTURAL ENTERPRISES OF THE REPUBLIC OF BASHKORTOSTAN
The article analyzes the composition, structure and efficiency of the use of current assets of agricultural enterprises of the Republic of Bashkortostan for 2015-2023. An assessment of the influence of factors on the turnover of working capital and total capital has been carried out. The dynamics of the operational, financial and production cycles has been studied. The results of the analysis revealed a tendency to decrease the efficiency of using current assets and the main reasons for its occurrence: a gradual slowdown in the growth rate of revenue from sales of products, with outpacing growth rates of current assets; changes in the structure of working capital. The main directions for a positive change in the current situation have been identified.
Keywords: current assets, efficiency, turnover, profitability.
Article bibliography
1. Vasilyeva N.K., Sidorchukova E.V., Aptsiauri K.G., Idzhinskaya S.V. Analysis of the efficiency of using current assets in agricultural organizations // Bulletin of the Academy of Knowledge. – 2022. – No. 51 (4). – P. 57-63.
2. Vinnichek L. B., Badmaeva D. G. Management of current assets in agricultural enterprises // Scientific support for the development of the agro-industrial complex in the context of import substitution: Collection of scientific papers based on the materials of the international scientific and practical conference dedicated to the Year of Science and Technology, St. – Petersburg – Pushkin, May 26-28, 2021. – St. Petersburg: St. Petersburg State Agrarian University, 2021. – P. 448-453.
3. Girfanova I. N. Features of the formation and circulation of working capital in agriculture // Scientific support for sustainable functioning and development of the agro-industrial complex: materials of the All-Russian scientific and practical conference with international participation within the framework of the XIX International specialized exhibition “AgroComplex-2009”, Ufa, March 0-5, 2009. Volume Part IV. – Ufa: Bashkir State Agrarian University, 2009. – P. 96-98.
4. Nikitina A. A. Analysis and diagnostics of financial and economic activity of the enterprise. – Kumertau: State Unitary Enterprise RB Kumertau City Printing House, 2017. – 157 p.
PHILOSOPHY. RIGHT. SOCIETY
ORLOVA Valeriya Alexandrovna
competitor of World economy and financial management sub-faculty of the V. G. Shukhov Belgorod State Technological University
THEORETICAL AND METHODOLOGICAL BASIS FOR ANALYZING THE EFFECTIVENESS OF INNOVATIONS IN THE CONTEXT OF ORIENTATION TOWARDS SUSTAINABLE DEVELOPMENT
The article, which is published based on the results of the dissertation research, examines the modern understanding of sustainable development. The author substantiates the need to transform innovation activities in the context of the problem of ensuring sustainable development. The importance of taking into account the component of the transformation of consumer behavior when analyzing the effectiveness of sustainable innovations is noted. It is proposed to expand the ESG transformation model by adding a fourth factor – consumer behavior – and interpret it as an ESGC transformation model. In accordance with the expanded ESGC transformation model, the problems of implementing sustainable development goals in innovation activities are identified and ways to solve them are outlined.
Keywords: sustainable development, sustainable innovation , ESG transformation, effectiveness of sustainable innovations, ESGC-transformation model.
Article bibliographic list
1. Buchnev A. O. Fundamental trends in the development of the regions of the Far East in line with global geopolitical factors // Bulletin of the Russian Academy of Natural Sciences. – 2024. – Vol. 24. No. 2. – P. 64-71.
2. Ivaschenko N. S. Modeling the assessment of environmental potential as a tool for managing the sustainable development of an organization // News of higher educational institutions. Technology of textile industry. – 2024. – No. 1 (409). – P. 173-179.
3. Radko S. G. Landmarks of sustainable industrial development in the system of national priorities // News of higher educational institutions. Technology of the textile industry. – 2024. – No. 3 (411). – P. 39 -49.
4. Podchufarov A. Yu., Galkina A. N., Vanina S. S. Advanced development of nuclear energy as a necessary factor in ensuring sustainable development of mankind // News of higher educational institutions. Nuclear energy. – 2024. – № 1. – P. 132-146.
5. Si F., Bobyleva A. Z., Lvova O. A. Formation of the system of state management of sustainable development (on the example ofRussia and China) // Bulletin of Moscow University. Series 21: Management (state and society). – 2024. – Vol. 21. No. 2. – P. 20-36.
6. Pak H. S., Krivenko A. V., Kuprin A. A., Tarasova T. N. Sustainable Development Management of SMEs: World Practice // Transport Business of Russia. – 2024. – No. 4. – P. 102-106.
7. Yurkov A. V., Babaeva J. R. ESG ratings: nonparametric methods of construction // Management Consulting. – 2024. – No. 2 (182). – P. 92-107.
8. Abramov R. A. Relationship between economic diversification and sustainable development of the regions of the Russian Federation // Bulletin of the University. – 2024. – No. 1. – P. 41-49.
9. Volodina A. O., Trachenko M. B. Sustainable growth as a consequence of the implementation of the concept of sustainable development of Chinese companies // Bulletin of the University. – 2024. – No. 6. – P. 112-120.
10. Lebedev V. V., Terpugov A. E. Comparative analysis of modern theoretical approaches to sustainable economic development // Bulletin of the University. – 2024. – No. 6. – P. 145-151.
11. Ivanov P. M. Global transformation: from chaotization of the world order to managed development // Bulletin of the Kabardino-Balkarian Scientific Center of the Russian Academy of Sciences. – 2024. – V. 26. No. 4. – P. 11-27.
12. Tuganov T. Z., Tanina A. V. Waste management system as an element of sustainable development of St. Petersburg // Bulletin of the Altai Academy of Economics and Law. – 2024. – No. 4-3. – P. 514-519.
13. Gasanov E. A., Korobkova O. K., Krasota T. G. Dominant factors of neo-industrial development of the economy in the context of “Industry 4.0” // Bulletin of the Altai Academy of Economics and Law. – 2024. – No. 5-2. – P. 202-207.
14. Rassudimov M. E., Sologub V. A. Analysis of the effectiveness of state support for the agro-industrial complex in the Russian Federation and its impact on the sustainable development of processing industries // Bread baking of Russia. – 2024. – Vol. 68. No. 2. – P. 143-151
15. Vaskova Yu. I. Paradigm of balanced enterprise development: conceptual approaches // Bulletin of the Samara State University of Economics. – 2024. – No. 1 (231). – P. 57-65.
16. Jafari M., Popov S. M. Factors influencing the effectiveness of marketing strategies that ensure increased economic sustainability of the enterprise // Interactive science. – 2021. – No. 5 (60). – P. 85-87.
17. Barbier E. B. The concept of sustainable economic development // Environmental Conservation. – 1987. – Vol. 14 (2). – P. 101-110.
18. Sachs J.D. The Age of Sustainable Development. Columbia University Press, 2015. – 543 p.
19. Sokolitsyna N. A. Theory and methodology of sustainable economic development of integrated industrial structures: dis. … Doctor of Economics. – St. Petersburg, 2024. – 484 p.
20. Ryabova E. Yu. The concept of ethical consumption in the context of digitalization // Economic and social-humanitarian studies. – 2024. – No. 1 (41). – P. 159-164.
21. Zavyalov D. V., Zavyalova N. B., Saginova O. V. The concept of responsible consumption // Epomen. Global. – 2023. – No. S34. – P. 170-175.
PHILOSOPHY. LAW. SOCIETY
ALSHEVSKAYA Larisa Vladimirovna
Ph.D. in philosophical sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
THE CATEGORY OF CAUSALITY IN THE ONTOLOGICAL DOCTRINE OF V. V. ROZANOV (1856-1919)
The relevance of Russian philosophy in the modern era is indisputable. The work continues the study of the philosophical worldview of V. V. Rozanov. In particular, causality is considered as an integral part of the categorical apparatus of the philosophy of science of the famous Russian philosopher. The place and role of this category in the structure of ontological problems is determined. The essential side of the relationship between the concept of “causality” and the main dialectical concepts is investigated. The conclusion is made about the fundamental priority of causality in the studied scientific and philosophical model of the worldview of the Russian philosopher. The concept and the problem of causality are considered by the author to require serious study in the future. The main purpose of the work is the study of the dialectic of causality.
Keywords: V. V. Rozanov, causality, expediency, knowledge, science, dialectics, categories, cause and effect, methodology of science.
Article bibliography
1. Augustine A. Confession. – M.: Gendalf, 1992. – 544 p.
2. Hegel G. V. G. Works of different years. In two volumes. Vol. 2. – M.: Mysl, 1971. – 630 p.
3. Vdovenko K. V., Samygin S. I. History of religious philosophy. – Rostov-on-Don: Phoenix, 2015. – 252 p.
4. Lao Tzu. The Book of the Path of Life Tao Te Ching. – M.: AST, 2018. – 256 p.
5. Lenin V. I. Works / V. I. Lenin. Works. T. 14. – M.: Publishing House of Political Literature, 1972. – 564 p.
6. Lenin V. I. Philosophical Notebooks. – M.: State Publishing Houselit. lit., 1947. – 469 p.
7. Lossky N. O. History of Russian Philosophy. – Moscow: Progress, 1994. – 460 p.
8. Rozanov V. V. On Understanding. An Experiment in Studying the Nature, Boundaries, and Internal Structure of Science as Integral Knowledge. – St. Petersburg: Nauka, 1994. – 542 p.
9. Theory of Causality. – [Electronic resource]. – Access mode: https://simposium.ru/ru/node/12074– 10.08.2024.
10. Torchinov E. Life as a Philosophical Category. – St. Petersburg: Palmyra, 2018. – 430 p.
11. Philosophical Encyclopedia. – [Electronic resource]. – Access mode: https://terme.ru/termin/filosofiya-sluzhanka-bogoslovija.html – 10.08.2024.
12. Florensky P. A. Reason and Dialectics // P. A. Florensky. Works: in 4 volumes. Vol. 2. – M., 1996. – 878 p.
13. Engels F. Anti-Dühring. – M.: Publishing House of Political Literature, 1988. – 482 p.
14. Essler V. K. On the typology of types of dialectics of dialectical logic in Hegel // Hegel’s Philosophy: Problems of Dialectics. – M.: Nauka, 1992. – P. 135 – 145.
PHILOSOPHY. RIGHT. SOCIETY
VAKHNINA Elena Anatoljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and natural science disciplines sub-faculty of the Western branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
SINO-RUSSIAN INTERCULTURAL COMMUNICATION AT THE REGIONAL LEVEL
The article is devoted to the study of the urgent problem of intercultural interaction between cross-border regions of Russia and China. A comparative analysis of the spiritual and moral priorities of the two countries is carried out. As a result, it contributes to the formation of an idea of the similarities and differences in the value orientations of the representatives of Russia and China. It is mentioned that the socio-cultural interaction and mutual influence of cross-border regions is based on cultural, educational, scientific and religious dialogues. The idea is proposed to include the tasks of socio-cultural co-development with the territories of China in the processes of socio-cultural and economic development remote cross-border regions. Methods of solving this issue are described.
Keywords: intercultural communication, moral values, spiritual heritage, dialogue, cross-border regionalism, development of the state.
Article bibliographic list
1. Abramova N. A. Chinese culture and its translation into the socio-cultural space of Russia // Humanitarian and socio-economic sciences. – 2010. – No. 3.
2. Li Beiqi, Huang Enzhong. Zhongguo gaibian shijie (China is changing the world). – Beijing, 2008.
3. Morozova V. S. Regional culture in the socio-cultural space of the Russian and Chinese borderland: diss. … doctor of philosophy. – Chita, 2013.
4. Osinsky I. I. Traditional values in the spiritual culture of the Buryat national intelligentsia // Socis. – 2001. – No. 3. – P. 80.
5. President of the Russian Federation V. V. Putin at the opening ceremony of the Years of Culture of Russia and China, May 16, 2024. [Electronic resource]. – Access mode: https://roscongress.org/materials/rossiya-i-kitay-nam-po-puti/ (date of access: 10.09.2024).
6. Rudenko B. Feng Shui. Ambush for a simpleton. [Electronic resource]. – Access mode: http://stavroskrest.ru.
7. Ji Yuesheng. Formation and implementation of China’s foreign cultural policy in the context of globalization // Power. – 2017. – No. 10. – P. 148-154.
8. Shcherbakov A. A., Unda S. I. Features of intercultural communication in the modern world // Young scientist. – 2016. – No. 7. – P. 95-96. [Electronic resource]. – Access mode: https://moluch.ru/archive/111/2792 (date of access: 05/08/2024).
9. Yangutov L. E. Buddhism as a factor of soft power in China’s political strategy // Philosophical Thought. – 2019. – No. 10. – P. 49-53.
PHILOSOPHY. LAW. SOCIETY
VEZLOMTSEV Viktor Evgenjevich
Ph.D. in philosophical sciences, Deputy Head of Philosophy and history sub-faculty of the Academy of Law Management of the FPS of Russia
THE MODERN DISCOURSE OF CORRUPTION
This article attempts to place the paradigm of legal-rational domination, which underlies Weber’s understanding of rational bureaucracy, in various social and historical contexts in order to show the limitations of the classical definition of corruption. Using various socio-philosophical methods and approaches, we will try to show that their application to the analysis of the phenomenon of corruption can significantly expand our understanding of this phenomenon.
Keywords: corruption, definition of corruption, social context, historical context, fight against corruption.
Bibliographic list of articles
1. Gray Cheryl W. & Kaufmann, DanielCorruption and Development // Finance and Development. 1998. March. Р. 7-10.
2. Leslie Holmes. Corruption. A very short introduction. NY, 2015. Р. 28.
3. Nye J. Corruption and political development: a cost-benefit analysis. // American Political Science Review. 1967. Vol. 56. Р. 419.
4. Price P. Cosmologies and Corruption in (South) India. // Forum for Development Studies. 1999. No. 2. Р. 315-327.
5. Theobald R. Corruption, Development and Underdevelopment. London: The MacMillan Press LTD, 1990. Р. 191.
6. United Nations Convention against Corruption. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/corruption.shtml (Accessed: 22.09.2020).
7. Nisnevich Yu. A. Politics and corruption: corruption as a factor in the global political process: monograph. Moscow: Yurait Publishing House, 2017. P. 240.
8. Satarov G. A. Corruption relations: agency model and related approaches // Social sciences and modernity. 2004. No. 2. P.60-61.
9. Urukagina, Urukagina // Chronos. World history on the Internet. [Electronic resource]. – Access mode: http://www.hrono.ru/biograf/bio_u/urukagina.php (date of access: 16.04.2023).
PHILOSOPHY. LAW. SOCIETY
VINOGRADOVA Valentina Ivanovna
specialist in excursion and exhibition work of the I. P. Pavlov Institute of Physiology of the Russian Academy of Sciences, St. Petersburg
ANTHROPOLOGICAL CONCEPTS IN SPIRITUAL HERITAGE OF THEODOSIY PECHERSKY
The article studies the formation of philosophical and theological ideas of the Orthodox religion in early Christian Rus’ using the example of the works of Theodosius of Pechersk, which are devoted to both the eternal problems of human existence, the definition of the meaning of life, the interpretation of the relationship between man and the universe, and social issues; the influence of the mystical-ascetic direction on the religious and philosophical concepts of ancient Russian monasticism is considered. Anthropological philosophical reflections in the worldview of Theodosius of Pechersk are inseparable from ideas about a wise life. It combined both Byzantine concepts of Christian teachings and Slavic worldviews that existed in ancient Russian society. Theodosius of Pechersk examined epistemological concepts and solved ontological problems from the point of view of Christian Orthodox teachings. The peculiarity of the philosophizing of the ancient Russian thinker is contained in the understanding of the sacredness of Christian values, the adoption of asceticism, and mentoring.
Keywords: monasticism, saint, teachings, spirituality, personal development, feudal fragmentation, mentoring.
Article bibliography
1. Vasikhovskaya N. S. Feodosiy Pechersky and Sergiy Radonezhsky – the founding fathers of “true monasticism” in Rus’ // Bulletin of Udmurt University. Series “History and Philology”. – 2011. – Issue 3. – P. 75-79.
2. Gaidenko Petr, hieromonk. Several remarks on the social aspects of ancient Russian monasticism of the 11th – first half of the 13th centuries. // Bulletin of the Yekaterinburg Theological Seminary. – 2015. – Issue 4 (12). – P. 48-78.
3. Gromov M. N., Kozlov N. S. Russian philosophical thought of the 10th-17th centuries: Textbook. manual. – M.: Moscow State University Publishing House, 1990. – 288 p.
4. Eremin I. P. Lectures on Old Russian Literature / Ed. V. Ya. Propp. – L.: Leningrad University Publishing House, 1968. – 208 p.
5. Zamaleev A. F. Philosophical thought in medieval Rus’ (11th-16th centuries). – L.: Science, 1987. – 248 p.
6. Zlatostruy. Ancient Rus’ of the 10th-13th centuries. / Comp., author’s text, comment. A. G. Kuzmina, A. Yu. Karpova; Designed by artist Yu. V. Ignatyeva, V. V. Sitnikova. – M .: Mol. gvardia, 1990 .– 320 [2] p., ill. – (Roads of human thought).
7. Karasev N. A. Formation of monasticism as an experiential path of knowledge of God // Bulletin of ASU. – 2016 .– No. 3 (184). – P. 127-132.
8. Meyendorff John (Archpriest). Introduction to Patristic Theology. – Mn .: Rays of Sophia, 2007 .– 384 p.
9. Mekushin A. A., Vodenko K. V. History of religious philosophy: study guide / Don State Technical University. – Rostov-on-Don: Profpress Publishing House, 2019. – 231 p.
10. Nikishchenkova G. V. Messages and Teachings of Theodosius of the Caves. Problems of Poetics. Abstract of Dissertation … for Cand. Degree. in Philology. – Orel, 2010. – 27 p.
PHILOSOPHY. LAW. SOCIETY
DALLAKYAN Karlen Ashotovich
Ph.D. in philosophical sciences, professor of the Ufa Law Institute of the MIA, M. Akmulla Bashkir State Pedagogical University
KUNGURTSEVA Guzel Fanuzovna
Ph.D. in sociological sciences, professor of the Ufa University of Science and Technology, M. Akmulla Bashkir State Pedagogical University
THE VALUE BASES OF THE STUDENT’S SELF-IDENTIFICATION
The development of a person’s ability to self-improvement and self-realization is an important task of modern Russian society. The basis of self-identification, formation and development of personality are the values that manifest themselves in the motives of activity. The dynamics of social life and the effectiveness of the functioning of all spheres of activity depend both on the level of development of knowledge, skills, intellectual potential of a modern person, as well as his spiritual, moral and cultural qualities. Therefore, the motives, cultural attitudes, and values that have developed in the minds of students are of great importance, which will influence the qualities of a future specialist, decision-making, and therefore the nature, goals and objectives of their activities in the future .
Keywords: personality, self-identification, values, norms, self-realization, freedom, personality development, student youth.
Article bibliographic list
1. Vygotsky L. S. Thinking and speech. – M.: AST, 2019.
2. Goethe I. V. The sufferings of young Werther. – M.: Azbuka, 2015. 1991.
3. Giddens A. Modernity and self-identity. Stanford (Calif.): Stanford univ. Press.
4. Dallakyan K. A. Will as a Phenomenon of Environmental Attitude. – Ufa: Thaler, 1998.
5. Dallakyan K. A. Personality as an Institution of Civil Society and the Rule of Law // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs Russia. – 2021. – No. 2 (92).
6. Ilyenkov E. V. What is personality? // Where does personality begin. – M .: Politizdat, 1979.
7. Kungurtseva G. F. Intellectual potential as a basic resource for the development of the management system of modern society: diss. … doctor of sociological sciences. – Ufa, 2012.
8. Leontiev A. N. Activity. Consciousness. Personality. – M.: Politizdat, 1975.
9. Rubinstein S. L. Being and consciousness. – SPb.: Piter, 2017.
10. Stolyarenko L. D., Samygin S. I. Psychology of personality. – Rostov-on-Don: Phoenix, 2014.
PHILOSOPHY. LAW. SOCIETY
DANILOV Vyacheslav Leonidovich
Ph.D. in historical sciences, associate professor of Theology, philosophy and cultural studies sub-faculty of the Faculty of History, Theology and International Relations of the F. M. Dostoevsky Omsk State University
STATE-CONFESSIONAL RELATIONS IN RUSSIA IN THE 20TH-21st CENTURIES
This article is devoted to the analysis of state-confessional relations in Russia in the 20th-21st centuries. It examines the historical dynamics and transformation of these relations, including the transitional period at the turn of the centuries. Special attention is paid to institutional changes, legislative initiatives, and the formation of a new model of interaction between the state and religious organizations. The article explores the peculiarities of relations with various confessions, including the Muslim population. The study is based on an analysis of contemporary scientific literature and historical sources.
Keywords: state-confessional relations, Russia, 20th-21st centuries, religious policy, secular state, religious organizations, Islam, Orthodoxy, religious legislation, institutional changes.
Article bibliography
1. Gorshkova M. Changing the model of state-confessional relations in Russia on throughout the XX-XXI centuries // Youth. Science. Future: International student scientific and practical conference, Orenburg, May 19-21, 2021. – Orenburg: Orenburg State Pedagogical University, 2021. – P. 91-93.
2 . Dorskaya A. A. Types of legal understanding and challenges of a changing world: report on R&D. – Saint Petersburg: Russian State Pedagogical University named after A. I. Herzen, 2016.
3. Kunacheva F. G., Dzhazaeva I. A. A. History of state-confessional relations in Russia // The power of history and history authorities. – 2022. – V. 8. No. 8 (42). – P. 35-38.
4. Odintsov M. I., Pinkevich V. K. History of state-confessional relations in Russia // Studia Religiosa Rossica: scientific journal on religion. – 2022. – No. 3. – P. 112-123. – DOI 10.28995/2658-4158-2022-3-112-123.
5. Ozhiganov A. N. Some aspects of the study of state-confessional relations in the Russian Empire in the second half of the 19th century – early 20th century in modern Russian historiography // Social integration and development of ethnocultures in the Eurasian space. – 2019. – Vol. 2. No. 8. – P. 211-217.
6. Omarov M. A., Shabaev Yu. P. History of the formation of Russia as multinational and multi-confessional state // Interethnic and interconfessional relations in modern Russia. – Moscow: RSUH, 2023. – P. 15-45.
7. Polunov A. Yu. State-confessional relations in Russia: history and modernity. – Moscow: Prometheus, 2024. – 126 p. –ISBN 978-5-00172-645-6.
8. Sgibneva O. I. State-confessional relations in modern Russia: traditions and transformations // Cultural heritage of the North Caucasus as a resource for interethnic harmony: program and abstracts of reports of participants of the Ninth international scientific forum, Kabardinka village, Gelendzhik, September 21-24, 2023. – Krasnodar: Heritage Institute, 2023. – P. 198.
9. Slobozhannikova V. S. Socio-political practices of adjusting state-confessional relations in Russia at the turn of the 20th-21st centuries // Bulletin of Tomsk State University. – 2020. – No. 460. – P. 121-132. – DOI 10.17223/15617793/460/15.
10. Torosyan G. A. State-confessional relations as a direction of domestic policy // Domestic policy: problems and technologies of management: (based on materials of conferences and seminars), Moscow, April 1-30, 2019. Volume Issue 2. – Moscow: Publishing house “Scientific library”, 2019. – P. 208-212.
PHILOSOPHY. LAW. SOCIETY
RUBANTSOVA Tamara Antonovna
Ph.D. in philosophical sciences, professor, professor of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
SOTNIKOVA Elena Vyacheslavovna
Ph.D. in historical sciences, associate professor, Head of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
KHAYAROV Damir Gareevich
Ph.D. in historical sciences, associate professor, associate professor of Legal and social sciences sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
THE SPIRITUAL ORIGINS OF HUMANISM IN THE MIDDLE AGES
The article is devoted to the analysis of the origins of humanism in Christian spiritual life in Western Europe in the Middle Ages. This problem has not been fully disclosed by researchers from the point of view of the origin of the ideological origins of humanism in the socio-political and philosophical tradition of that time. It should not be forgotten that the Renaissance was prepared by social processes and the development of the theoretical thought of the Middle Ages, including Christian anthropology. The article analyzes social processes and concepts that later had a significant impact on the development of humanistic thought in the Renaissance. Spiritual processes in medieval culture prepared the conditions for the development of humanism in the Renaissance. Among the prerequisites of the humanistic tradition, one can single out utopian humanistic ideals, which were widely represented in social dreams of rebuilding the world, which a kind and wise ruler would make. At this time, the society is in the process of discussing social changes in society. It was still very far from the formation of social democratic political institutions, however, ideas are beginning to form in the public consciousness, which in the future will be developed in the democratic reconstruction of the world. The medieval anthropology of A. Augustine and Th. Aquinas is distinguished by a humanistic approach. Christian theology draws attention to the divine nature of man and reinterprets his earthly nature. Good deeds of people, a merciful attitude towards people are encouraged, the question of the role of man in earthly life is discussed, love for God extends to all Christians.
Keywords: humanistic values, human dignity, the principle of justice, mercy.
Article bibliography
1. Augustine A. Confession / Translated from Latin. M. K. Sergienko. – Moscow: Renessans, 1991. – P. 146.
2. Aquinas F. Summa Theologica / Translated from Latin. S. E. Eremeeva, A. A. Yudina. – Kyiv: Elga. – Moscow: Nika – Center, 2002. – P. 137.
3. Marru A – M. Saint Augustine and Augustinianism. – Moscow: Vestkom, 1999. – P. 35.
PHILOSOPHY. LAW. SOCIETY
RUDKEVICH Elena Yurjevna
Ph.D. in philosophical sciences, associate professor, professor of Military and political work in the troops (forces) sub-faculty of the branch of the Military Educational and Scientific Center of the Air Force “Professor N. E. Zhukovsky and Yu. A. Gagarin Air Force Academy” in Syzran
WAR: SOCIAL CHANGE OR CHANGE OF THE SOCIAL?
Sociality is not something given and unchangeable, being in constant formation and formation, sociality transforms all the elements and phenomena that make up its content. War, as one of the most important social phenomena accompanying the development of mankind since ancient times, is undergoing major changes. Being the cause of transformations of the social, war, in turn, acts as the basis for transformations of sociality. The impact occurs in accordance with the complex nature of modern society in all possible directions: through science, education, on the basis of influence on political and military elites, mechanisms of sanctions, information blockades and stuffing.
Keywords: modern society, social changes, war, modern wars, social phenomenon.
Article bibliography
1. Aristotle. Works in 4 volumes. Vol. 4. – M.: Mysl, 1984. – 830 p.
2. Wallerstein I. Social change is eternal: Nothing ever changes // Socis. – No. 1. – 1997. – P. 8-21.
3. Golovin N. N. Science of war: selected works. – M.: Astrel, 2008. – 1008 p.
4. Grotius G. On the Law of War and Peace. – M.: Scientific Publishing Center Ladomir, 1994. – 867 p.
5. Kant I. Towards Eternal Peace. – [Electronic resource]. – Access mode: http://history.pstu.ru/wpcontent/uploads/2013/04/files_File_Kant_K_vechnomu_miru.pdf. (date of access: 03.03.2024).
6. Clausewitz K. On War. The Most Important Causes of War. – M.: Azbkua, 2023. – 864 p.
7. Rotterdamsky E. The Complaint of the World, Expelled and Defeated from Everywhere // Treatises on Eternal Peace. – SPb.: Aleteya, 2003. – P. 29-59.
8. Serebryannikov V. V. Evolution of war as a socio-political phenomenon // Sociology of power. – 2010. – No. 4. – P. 47-57.
9. Snesarev A. E. Philosophy of war. – M.: «Lomonosov», 2013. – 288 p.
10. Fukuyama F. The Great Divide. – M.: OOO «Izd-vo AST», 2003. – 476 p.
11. Huntington S. Clash of civilizations. – M.: Publishing house AST, 2003. – 603 p.
12. Shakirova E. Yu. General idea of the structure and dynamics of the modern socio-cultural space // Bulletin of the Voronezh State University. Series: Philosophy. – 2013. – No. 2 (10). – P. 108-124.
13. Shtompka P. Great personalities as agents of change // Psychology and psychoanalysis of power: anthology / D. Ya. Raigorodsky. Part 2. – Samara: Publishing house “Bakhrakh”, 1999. – P. 37-54.
14. Shtompka P. Contradictions of the great transformation and the chances of sociotechnics / RZh “Sociology”. Series 11. – 1994. – P. 66-69.
PHILOSOPHY. RIGHT. SOCIETY
SABIRZYANOV Azat Mannurovich
Ph.D. in philosophical sciences, associate professor, Acting Head of Philosophy and humanitarian sciences sub-faculty of the University of Management “TISBI”, associate professor of Philosophy sub-faculty of the A. N. Tupolev Kazan National Research Technical University – KAI, corresponding member of the Russian Academy of Cosmonautics named after K. E. Tsiolkovsky
THE CATEGORY OF “WILL TO POWER” IN THE CONTEXT OF ENVIRONMENTAL PHILOSOPHY
The article presents the basic principles of environmental philosophy. The author’s definition of the category “Will to power” is given. The concept of the “mental body” in the author’s interpretation is introduced, which makes it possible to more clearly identify the phenomenon of the will to power in the sphere of social existence and human existence. It is concluded that the will to power is a natural state of the human psyche. An understanding of the eco-friendly and non-ecological will to power is given. The boundaries of the realization of the will to power or its actualization are indicated. The levels of human existence are described through the prism of ecological consciousness (awareness) and the causes of the will to power at these levels.
Keywords: will, power, will to power, man, social system, society, nature, psyche, psychology, philosophy, philosophical anthropology, harmony, noosphere, unity, integrity, ecological philosophy, ecology, ethics, aesthetics, spirituality, levels of human existence.
Bibliographic list of articles
1. History of philosophy. Encyclopedia. Comp. Gritsanov A. A. – Mn.: Interpressservice; Book House, 2002. – 1376 p.
2. Gaivoronskaya M. A., Zavyalova G. I. The Concept of the Superman and the “Will to Power” // University Complex as a Regional Center of Education, Science and Culture / Proceedings of the All-Russian Scientific and Methodological Conference. Orenburg State University. – 2017. – [Electronic resource]. – Access mode: https://conference.osu.ru/assets/files/conf_info/conf13/s12.pdf (date of access: 12.05.2024).
3. Philosophical and Terminological Dictionary / Malyshevsky A. F. – Kaluga: Publishing Pedagogical Center “Grif”, 2004. – P. 330.
4. Russian Philosophy: Terminological Dictionary / I. A. Belyaev. – Orenburg: State Educational Institution Orenburg State University, 2006. – 26 p.
5. Skakun E. V. Lecture Notes / Test Questions of the Integrated Module “Political Science” in the Discipline “Political Science” // Brest State University named after A. S. Pushkin. – [Electronic Resource]. – Access Mode: https://studfile.net/preview/1725926/page:4 (Accessed: 04/09/2024).
6. Schopengrauer A. The World as Will and Representation / A. Schopenhauer; [translated from German by J. Aichenwald; introduction by A. Markov]. – M .: RIPOL classic, 2020. – 616 p.
7. Nietzsche F. The Will to Power. An Experience of Revaluation of All Values / Translated from German by E. Gertsyk et al. – Moscow: Cultural Revolution, 2005. – 880 p.
8. Nietzsche F. Antichrist. Ecce Homo. Twilight of the Idols: [translated from German]. / Friedrich Nietzsche. – Moscow: AST Publishing House, 2019. – 352 p.
9. Sabirzyanov A. M. The Problem of Social and Personal Situation in Environmental Philosophy // Dissertation for the Degree of Candidate of Philosophical Sciences / Kazan State University. Kazan, 2008. – 207 p.
10. Sabirzyanov A. M. Philosophical and Environmental Situations in the Management of Social Systems. // Philosophy. Tolerance. Globalization. East and West – a dialogue of worldviews: abstracts of reports of the VII Russian Philosophical Congress (Ufa, October 6-10, 2015). In 3 volumes. Volume 1. – Ufa: RIC BashSU, 2015. – 372 p.
11. Egorov N. P. Will as a metaphysical principle // Fundamental research. – 2008. – No. 3 – P. 81-83. – [Electronic resource]. – Access mode: https://fundamental-research.ru/ru/article/view?id=2791 (date of access: 04/09/2024).
12. Batyrshin A. R., Mazilov V. A. “Historical representation of the categories “will” and “volitional regulation” in domestic psychology textbooks”. Yaroslavl Pedagogical Bulletin – 2014. – No. 4. – Volume II (Psychological and Pedagogical Sciences).
PHILOSOPHY. RIGHT. SOCIETY
FEDYAEV Dmitriy Mikhaylovich
Ph.D. in philosophical sciences, professor, professor of Philosophy sub-faculty of the Omsk State Pedagogical University
FEDYAEVA Natalya Dmitrievna
Ph.D. in philological sciences, associate professor, professor of Russian language and linguodidactics sub-faculty, Dean of the Philological Faculty at Omsk State Pedagogical University
THE INDUSTRIAL FACTOR OF CULTURE FORMATION
The formation of culture takes place under the influence of many factors. The influence nature of one of them, industrial, is considered on the basis of the culture of the USA and the USSR. In the USA the formation of a specifically American culture and industrialization took place simultaneously. The Scientific Organization of Labor (SOL), created in the USA, had a significant influence on the philosophy of pragmatism, as well as on the ideology of education. SOL was created and developed in harmony with Protestantism.
In Soviet Russia at the end of the Civil War the industry restoration and development became vitally important. The basis was the American model SOL – the Taylor system, which was sought not only to apply, but also to transform in accordance with the principles of socialism. The ideological basis of industrialization was Marxist philosophy. The results were impressive, but they were significantly influenced by the traditional values of Russian culture, identified in due time by N. A. Berdyaev and F. M. Dostoevsky. Soviet industry proved to be more capable of creating unique rather than mass-produced products, and philosophy and education were influenced primarily by Europe rather than America.
It is quite possible that in the cultural system traditional value components remain relevant and effective even when conditions change significantly.
Keywords: culture, ideal, industry, machine technology, Taylorism, scientific organization of labor, Protestantism, Marxism, tradition.
Bibliographic list of articles
1. Berdyaev N. A. The Fate of Russia. – M.: Moscow State University Publishing House, 1990. – P. 4-25.
2. Gastev A. How to work // Scientific organization of labor and management. – M.: Economica, 1966. – P. 85.
3. Dostoevsky F. M. Pushkin. Essay // Dostoevsky F. M. Collected Works. in 10 volumes. Volume 10 – Moscow: State Publishing House of Artistic Literature, 1958. – P. 459.
4. History of Soviet Psychology of Labor. Texts (20s – 30s of the 20th century) . – M.: Publishing house of Moscow University, 1983. – P. 9.
5. Klyuchevsky V. O. Course of Russian history. Works. V. 9 v. V. 4. – M.: Publishing House of Social and Economic Literature, 1958 – P. 234.
6. Lenin V. I. Taylor’s System – Enslavement of Man by Machine // Complete Collected Works. Vol. 24. – P. 369 -371.
7. Lenin V. I. Original version of the article “The Immediate Tasks of Soviet Power // Complete. collected works. Vol. 36. – P. 212.
8. Marx K. Capital. Critique of Political Economy. Vol. 1 // Marx K., Engels F. Works. Vol. 23. – P. 385.
9. Pivovarov D. V. The Problem of Synthesis of the Basic Definitions of Culture // Pivovarov D. V. Synthetic Paradigm in Philosophy: Selected Articles. – Ekaterinburg: Publishing House of the Ural University, 2011. – P. 4- 5.
10. Stalin I. V. Economic problems of socialism in the USSR. – M.: Gospolitizdat, 1952. – P. 40.
11. Tarle E. V. Essays on the colonial policy of Western European states (late 15th – early 19th century) / E. V. Tarle. – 2nd ed. – Moscow: Yurait Publishing House, 2021. – P. 226, 227.
12. Fedyaev D. M. Machine and Machinery // Modern Philosophical Dictionary / Under the general editorship of V. E. Kemerov. – 2nd ed. , corrected and supplemented. – London, Frankfurt am Main, Paris, Luxembourg, Moscow, Minsk / Panprint, 1998. – P. 475.
13. Hill T. I. Modern Theories of Knowledge. – M.: Progress, 1965. – P. 293, 318.
14. Church G. Fundamentals of production management // Scientific organization of labor and management. – M., 1966. – P. 228, 236.
15. Emerson G. . Twelve principles of productivity // Scientific organization of labor and management. – M., 1966. – P. 279, 298
PHILOSOPHY. RIGHT. SOCIETY
FROLOVA Irina Vasiljevna
Ph.D. in philosophical sciences, professor of Russian history, historiography, and source studies sub-faculty of the Ufa University of Science and Technology
FROLOV Konstantin Andreevich
junior researcher of the Ufa University of Science and Technology
LUKMANOVA Raushaniya Khusainovna
Ph.D. in philosophical sciences, professor of Russian history, historiography, and source studies sub-faculty of the Ufa University of Science and Technology
BUILDING SOLIDARITY THROUGH UNIVERSITY HUMANITIES DISCIPLINES: PROSPECTS OF THE PROJECT APPROACH
The article is devoted to the humanities in higher education as a resource for the formation of social solidarity among students. The authors emphasize the importance of the integrative knowledge and values of teamwork they form to counter individualism and the fragmentation of society. The article substantiates the position that educational policy in terms of teaching humanities should focus on project-based learning and civic initiatives.
Keywords: solidarity, humanities, project-based learning, civic initiatives.
Article bibliography
1. Barbrook R. Internet revolution. – Moscow: Ad Marginem Press, 2015. – 128 p.
2. Vidyakova Z. V. Basic ideas of John Dewey’s democratic pedagogy // Issues of modern science and practice. Vernadsky University. – 2012. – No. 3 (41). – P. 85-92.
3. Efimova E. A., Khavenson T. E. Master’s programs of the Institute of Education of the National Research University Higher School of Economics: practices of applying project-based learning: Study guide / National Research University Higher School of Economics, Institute of Education. – M .: Publishing house of the Higher School of Economics, 2023. – 68 p.
4. Zubanova L. B., Zykhovskaya N. L. Transit solidarity in modern network culture: between carnival and trauma // Sociological research. – 2019. – Vol. 45. No. 5. – P. 119-128.
5. Koryakovtseva O. A. Advantages and problems of applying the point-rating system in the university // Humanities. – 2021. – No. 1 (53). – P. 62-68. [Electronic resource]. – Access mode: https://clck.ru/3D98XY (date accessed: 09/06/2024).
6. Nachkebia M. S. The role of higher education institutions in the consolidation of urban communities // Social consolidation of urban communities: opportunities and limitations in the context of digitalization of the urbanized environment: collection of scientific papers. – Belgorod: KONSTANTA, 2021. – P. 54-58.
7. Project “History of My District” – HSE Project Fair // HSE. [Electronic resource]. – Access mode: https://clck.ru/3D98Tv (date accessed: 09/06/2024).
8. Sazonov B. A. Point-rating systems for assessing knowledge and ensuring the quality of the educational process // Higher education in Russia. – 2012. – No. 6. -P. 28-40. [Electronic resource]. – Access mode: https://clck.ru/3D98bH (date of access: 09/06/2024).
9. Social consolidation of urban communities: opportunities and limitations in the context of digitalization of the urbanized environment. Collection of scientific papers. Edited by V. P. Babintsev. – Belgorod, 2021. – P. 54-57.
10. Yasaveev I. G. “Move the block”: the experience of public sociology within the framework of a university course // Public sphere: theory, methodology, case study: collective. monograph. – M .: OOO “Variant”: TsSPGI, 2013. – P. 107-112.
11. Greeno J. G. Learning in activity. In R. K. Sawyer (Ed.), The Cambridge handbook of the learning sciences. – New York: Cambridge University Press, 2006. – R. 79-96.
PHILOSOPHY. RIGHT. SOCIETY
SHEVLYAKOVA Tatyana Anatoljevna
postgraduate student of the Tomsk State University of Control Systems and Radioelectronics, TUSUR
ORLOVA Vera Veniaminovna
Ph.D. in sociological sciences, professor, Head of Philosophy and sociology sub-faculty of the Tomsk State University of Control Systems and Radioelectronics, TUSUR
DYNAMICS OF IDEAS ABOUT MEDIATION IN THE HISTORY OF SOCIAL AND PHILOSOPHICAL THOUGHT
Society as the basis of human existence in the world, as a rule, is associated with two opposite types of relations: competition and solidarity. The article examines mediation from its first mentions in the history of the ancient world to the present day, suggesting that it is one of the effective technologies for transforming relationships, providing society with effective algorithms for conflict-free communication or a painless way out of an already existing conflict situation.
The research conducted in the article confirms that among the tasks of modern society there is still the problem of finding an effective social mechanism for reconciliation in social conflicts. The article considers changes in the ways of conflict resolution within organizations, the use of mediation in all possible cases of social conflicts, which can contribute to the process of introducing a culture of reconciliation into various spheres of public relations. Readiness for conciliation procedures is becoming a factor of adaptation in modern public relations.
Keywords: mediation, mediation, solidarity, competition, conflict.
Article bibliography
1. Allakhverdova O. V. Mediation in the philosophical, psychological and legal context / Development of mediation in Russia: theory, practice, education: collection of articles / Ed. E. I. Nosyreva, D. G. Filchenko. – M .: Infotropic Media, 2012. – 320 p.
2. Ancient philosophy: Encyclopedic dictionary / Russian acad. sciences, Institute of Philosophy; [Editorial board: M. A. Solopova (editor-in-chief) and others]. – M.: Progress-Tradition, 2008. – 895 p.
3. Veselova E. K. Spinoza’s teachings as a methodological basis for the psychology of spiritual and moral development of the individual. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/uchenie-spinozy-kak-metodologicheskaya-osnova-psihologii-duhovno-nravstvennogo-razvitiya-lichnosti/viewer (date of access: 06/14/2024).
4. Vyazov A. L., Yungus G. A. The problem of the irrational in human behavior: a philosophical aspect // New science and the formation of integrative-holistic thinking / Ed. S. V. Kuzmin. – Kazan, 2017. – P. 62-64.
5. Kropotkin P. A. Ethics: Selected Works. – M.: Politizdat, 1991.
6. Sevolobova S. A. Formation of Mediation in Russia // Young Scientist. – 2021. – No. 22 (364). – P. 388-391. [Electronic resource]. – Access mode: https://moluch.ru/archive/364/81585/ (date of access: 06/16/2024).
7. Stanford Encyclopedia of Philosophy. [Electronic resource]. – Access mode: https://plato.stanford.edu/entries/hobbes-moral/index.html (date of access: 12.08.2024).
8. Yungus G. A. Mediation as a socio-philosophical analysis. [Electronic resource]. – Access mode: https://www.dissercat.com/content/mediatsiya-sotsialno-filosofskii-analiz (date of access: 14.06.2024).
9. Tarakanov P. S. Philosophical biographical dictionary, illustrated with thoughts. – M .: Eksmo Publishing House, 2004. – P. 726.
10. Shamlikashvili Ts. A. Mediation is a modern method of out-of-court dispute resolution. – M.: Publishing House of OOO “Interregional Center for Management and Political Consulting”, 2017. – 77 p.
PHILOSOPHY. LAW. SOCIETY
KRYUCHKOVA Elena Yurjevna
competitor of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Head of the Laboratory for the Development and Promotion of Media Content at the Moscow Technical University of Communications and Informatics, member of the Russian Philosophical Society, member of the Russian Cultural Society, lecturer of Musical sound engineering sub-faculty of the Moscow Financial and Industrial University “Synergy”
SOCIOCULTURAL HORIZONS OF THE SOUND ENGINEER’S ACTIVITY IN THE PERSPECTIVE OF PHILOSOPHICAL ANALYSIS
The relevance of this study is due to the stermic development of audio content, which contributes to the preservation of the identity of modern culture and plays an important role in the sphere of mass communications. To analyze the sociocultural influence of these phenomena of cultural philosophy, it is appropriate to use phenomenological analysis. The importance of studying cultural aspects, especially in the context of mass culture and its separate element of sound engineering, involves much more than simply observing the influence of various social structures on human actions. The main emphasis is on actively tracing changes in these structures and their adjustment to the steadily changing conditions of life. As a result of this study, a close relationship between sound directing and current socio-philosophical currents was revealed, demonstrating their mutual influence and dependence.
Keywords: sound, sound engineer, sound engineering, philosophy of sound, sound image, sound picture, mass communications, culture, art.
Bibliographic list of articles
1. Montesquieu S. L. On the spirit of laws / Comp., translation and commentary: A. V. Mateshuk. – M.: Mysl, 1999.
2. Parsons T. On the Structure of Social Action / Under. general. editorship V. F. Chesnokova, S. A. Belanovsky. 2nd ed. M.: Acad. project, 2002.
3. Weber A. Selected: The Crisis of European Culture / A. Weber; [Transl.: M. I. Levina, T. E. Egorova]. St. Petersburg: Univ. book, 1999. 564, [1] p.; 22 cm. – (Book of light).; ISBN 5-7914-0032-2
4. Alexander J. The Promise of Cultural Sociology: Technological Discourse and Sacred and Profane Information Machines // Contexts of Modernity – II: Reader. 2nd ed., revised and enlarged. / Comp. and editor S. A. Erofeev. Kazan: Kazan University Press, 2001. Pp. 91-99.
5. Berger P. L. Social Construction of Reality: A Treatise on Sociological Knowledge: [Translation] / Peter Berger, Thomas Luckmann. Moscow: Moscow Philosophical Foundation, 1995. 322 p.
6. Luhmann N. Social Systems: An Outline of a General Theory / Translated from German by N. A. Golovin. St. Petersburg: Nauka, 2007.
7. Crane D. Sociology of Culture: A Challenge to Sociology as a Discipline // Contexts of Modernity. 1: Current Issues of Society and Culture in Western Social Theory / Reader: Translated from English and German – 2nd ed., revised and enlarged. Kazan: Kazan University Press, 2000. 176 p. P. 96-100.
8. Elias N. On the process of civilization: Sociogenetic and psychogenetic research / Norbert E.; Acad. research. culture. – M.; SPb.: Univ. book, 2001. (University Library. Sociology).; ISBN 5-7914-0023-3 (Book of light)
9. Jaspers K. The Origins of History and Its Purpose: [2nd issue] / K. Jaspers; Translated by M. I. Levina; USSR Academy of Sciences, INION. Moscow: INION, 1991. 215 p.
PHILOSOPHY. LAW. SOCIETY
ALSHEVSKAYA Larisa Vladimirovna
Ph.D. in philosophical sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
PHILOSOPHY AND METHODOLOGY OF SCIENCE BY V. V. ROZANOV
The article examines the concept of scientific knowledge proposed by the Russian philosopher V. V. Rozanov (1886 – 1919). It is especially emphasized that this little-studied aspect of the thinker’s work, which constitutes the most important philosophical part of his philosophical reflection, is decisive for his entire philosophy, literature, journalism, public and private life. It is fundamentally important that Rozanov’s main work devoted to this problem, the book “On Understanding”, published in 1886, remained either almost unnoticed by the majority of readers in Russia at that time, or caused a negative reaction from his contemporaries. Nevertheless, this work can be called a program manifesto, proclaiming science as an integral, unified way of knowledge, the essence of which is understanding. In this work, Rozanov outlines a path of knowledge that units philosophy and other areas of science (private, highly specialized), as well as art and religion, taking into account the possibilities and significance of the phenomenon of understanding in moving towards the true goal of knowledge, which he designs as good. He notes the special activity of the subject in cognition. Being a religious philosopher, methodologically he remains on the side of dialectics.
Keywords: science, philosophy, process of cognition, understanding.
Bibliographic list of articles
1. Varlamov A. The name of Rozanov. – M.: Young Guard, 2022. – 512 p.
2. Varlamov A. Rozanov. – M.: Molodaya Gvardiya, 2022. – 700 p.
3. Vasily Rozanov. From Dostoevsky to Berdyaev. Reflections on the Fate of Russia. – M.: Algorithm, 2017. – 560 p.
4. V. V. Rozanov: Pro et contra: Anthology. – St. Petersburg: Russian Christian Humanitarian University, 1995. – 512 p.
5. Gollerbakh E. F. V. V. Rozanov. Life and Work. – M.: Kvazar, 1991. – 84 p.
6. Nikolyukin A. N. 60 Years with Rozanov, or 30 Years in His Archive // Literary Studies Journal. – 2019. – No. 45. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/60-let-s-rozanovym-ili-30-let-v-ego-arhive (date accessed: 29.06.2024).
7. Under the wheels of history. Correspondence of V. V. Rozanov and P. P. Pertsov. In 2 volumes. – St. Petersburg: Pushkin House, 2023.
8. Rozanov V. V. Apocalypse of our time. – Moscow: World of Philosophy. Dmitry Sechin, 2018. – 640 p.
9. Rozanov V. V. The Legend of the Grand Inquisitor by F. M. Dostoevsky. – Moscow: Republic, 1996. – 702 p.
10. Rozanov V. V. On understanding. An attempt to study the nature, boundaries and internal structure of science as integral knowledge. – SPb.: Nauka, 1994. – 540 p.
11. Rozanov V. V. Nature and history. – M.: Respublika, 2008. – 766 p.
12. Rozanov V. V. Religion and culture. – M.: Respublika, 2008. – 894 p.
13. Rozanov V. V. Works. – M.: Sovetskaya Rossiya, 1990. – 592 p.
14. Rozanov V. V. The purpose of human life // The meaning of life in Russian philosophy. – SPb.: Nauka, 1995. – pp. 165-219.
15. Rozanov V. V. Aesthetic understanding of history // Russian philosophers: Anthology. – M.: Knizhnaya palata, 1994. – P. 43-125.
16. Fateev V. A. Rozanov: Life, creativity, personality. – M.: Publishing house: Mysl, 1990. – 208 p.
PHILOSOPHY. LAW. SOCIETY
BLIZNYUK Alexander Gennadjevich
postgraduate student of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
SPECIFIC OF UNDERSTANDING THE PHENOMENON OF KINSHIP IN CLASSICAL ANTHROPOLOGICAL STUDIES
The article considers the main approaches to the understanding of kinship in the works that anthropology formed as a scientific discipline. It reveals the established practice in the study of kinship and the prospects of using classical anthropological research for modern research within the framework of philosophical anthropology.
Keywords: philosophical anthropology, kinship, kinship ties, history of anthropological studies.
Article bibliography
1. Morgan L. G. Ancient society / Translated from English by M. O. Kosven. 2nd ed., stereot. – Leningrad: Publishing house of the Institute of the Peoples of the North of the Central Executive Committee of the SSR, 1935. – 386 p.
2. Henry Sumner Maine. Lectures on the early history of institutions. – John Murray, 1875. – 412 p.
3. Maine G. S. Ancient plaw, its connection with the ancient history of society and its relation to the latest ideas / Translated by N. Belozerskaya from the 4th English edition. – St. Petersburg: D. E. Kozhanchikov, 1873. – 312 p.
4. John Ferguson McLennan. The patriarchal theory: Based on the papers of the late John Ferguson McLennan. – London: Macmillan, 1885. – 355 p.
5. Lowie R. The Origin of the State / Translated from English by Alexey Snigirov; under the scientific editorship of Maria Chernova. – Moscow: Publishing House “Delo” RANEPA, 2023. – 126 p.
6. Bronislaw Malinowski. A Scientific Theory of Culture and Other Essays. – New York: Oxford University Press, 1960. – 228 p.
7. Radcliffe-Brown A. R. Structure and Function in Primitive Society: Essays and Lectures. – Moscow: Vost. lit., 2001. – 303 p.
8. Kenneth Allan. Explorations in Classical Sociological Theory: Seeing the Social World. – Pine Forge Press, 2010. – 451 p.
9. Claude Lévi-Strauss. The Elementary Structures of Kinship. – Boston: Beacon Press, 1969. – 524 p.
10. Franz Boas. Anthropology and Modern Life. – London: George Allen & Unwin LTD, 1929. – 256 p.
PHILOSOPHY. RIGHT. SOCIETY
KAZIEV Nikita Rasulovich
postgraduate student of Philosophy and sociology sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
THE EVOLUTION OF THE CONCEPT OF “FRATERNITY” IN SOCIAL PHILOSOPHY
The search for perfect forms of social interaction has always remained an urgent problem for social philosophy. One of the little-studied problems from the point of view of social philosophy was the phenomenon of “brotherhood”. In the current era, the problem has been actualized by twinning issues, the crisis of relations with the West, unilaterally severing twinning relations with Russian cities and universities. The complexity of the issues is also dictated by the entry of new territories into Russia, the need to develop new ethical and axiological standards based on centuries-old traditions. The task of building a civilizationally competitive network of cultural ties within multinational Russia, which ensured its unity in diversity in the international arena, requires careful attention to the phenomenon of brotherhood in the history of philosophy, the evolution of ideas about this phenomenon in a variety of philosophical schools and worldview paradigms. The purpose of the work is a brief historiographical excursion into the philosophy of brotherhood on the example of the socio-philosophical reflection of this phenomenon in key philosophical directions.
Keywords: friendship, fraternity, paradiplomacy, brotherhood, universal human value, value.
Article bibliography
1. Aristotle. Works: In 4 volumes. Vol. 4. – Moscow: Mysl, 1983. – P. 235.
2. Bauman Z. Individualized society. – Moscow: Logos, 2005. – P. 90.
3. Bacon. Works. In 2 volumes. T. I. – M.: Mysl, 1971. – P. 153.
4. Voltaire. Philosophical Works. -M.: EKSMO, 2005. – P. 138.
5. Hegel. Works. T. VII. Philosophy of Law. – M.-L.: SOTSEKGIZ, 1934. – P. 73.
6. Herzen. A. I. Works in 2 volumes: T. 2. – M.: Mysl, 1986. – P. 1 07.
7. Jefferson. Autobiography. Notes on the State of Virginia. – L.: Science, Leningrad Branch, 1990. – P. 63.
8. The Gospel of Matthew. Chapter 23. Verse 8.
9. Camus. Works. In 5 volumes. Vol. 3. – Kharkov: Folio, 1998. – P. 119.
10. Camus A. Works. In 5 volumes. Vol. 5. – Kharkov: Folio, 1998. – P. 68. (410 p.)
11. Lenin V. I. Collected Works. Fifth edition. Vol. 11. July-October 1905. – Moscow: Publishing House of Political Literature, 1968. – P. 329.
12. Lenin V. I. Collected Works. Fifth edition. Vol. 12. October 1905 – April 1906. – Moscow: Publishing House of Political Literature, 1968. – P. 69.
13. Lenin V. I. Collected Works. Fifth edition. T. 34. July-October 1917. – M.: Publishing house of political literature, 1969. – P. 380.
14. Locke J. Works: In 3 volumes. T. 3. – M.: Mysl, 1988. – P. 230.
15. Makulin A. V., Kaziyev N. R. Phenomenology of brotherhood and twinning: from paradiplomacy to digital twins of cities // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and social sciences. – 2023. – T. 23. No. 5. – P. 114-121.
16. Makulin A. V. 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.
17. Marx K. and Engels F. The Alliance of Socialist Democracy and the International Workingmen’s Association. Report and documents published by resolution / Marx K., Engels F. Works. – 2nd ed. – Moscow: Gospolitizdat, 1961. – Vol. 18. – P. 452.
18. Marx K. and Engels F. To the Committee of the Social Democratic Labor Party / Marx K., Engels F. Works. – 2nd ed. – Moscow: Gospolitizdat, 1960. – Vol. 16. – P. 450.
19. Marx K. Speech on Free Trade / Marx K., Engels F.. Works. – 2nd ed. – M.: Gospolitizdat, 1955. – Vol. 4. – P. 416.
20. Marx K., Engels F. Works. – 2nd ed. – M.: Gospolitizdat, 1961. – Vol. 25. – Part 1. 1961. – P. 217.
21. Neretina S. S. Vernadsky’s “Brotherhood” // Landmarks … Issue 9. – M.: Institute of Philosophy of the Russian Academy of Sciences. 2014. – P. 70-82.
22. Owen R. Selected Works. T. I. – M.-L.: Publishing House of the USSR Academy of Sciences, 1950. – P. 361-362.
23. Ricoeur P. History and Truth. – St. Petersburg: Aletheia, 2002. – Page 127.
24. Rassokha I. N. Phoenician Philosophy and the Bible. The Discovery of America by the Phoenicians. – Kharkov: KhNAMG, 2009. – 388 p.
25. Russo J. J. Treatises. – Moscow: Nauka, 1969. – Page 309.
26. Frank S. L. God is with us. – Moscow: OOO “Izdatelstvo AST”, 2003. – Page 343.
27. Chaadaev P. Ya. Complete Works and Selected Letters. T. 1. – M.: Nauka, 1991. – P. 572.
28. Engels F. Outlines of a Critique of Political Economy / Marx K., Engels F. Works. – 2nd ed. –M.: Gospolitizdat, 1955. – T. 1. – P. 271.
29. Engels F. To the Sixth Congress of the Belgian Sections of the International Workingmen’s Association / Marx K., Engels F. Works. 2nd ed. – M.: Gospolitizdat, 1960. – T. 17. –P. 285.
30. Engels F. Democratic Pan-Slavism / Marx K., Engels F. Works. 2nd ed. –M.: Gospolitizdat, 1957. – Vol. 6. – P. 292.
31. Engels F. to Karl Kautsky, February 20, 1889 / Marx K., Engels F. Works. 2nd ed. – M.: Gospolitizdat, 1965. – Vol. 37. – P. 127.
PHILOSOPHY. LAW. SOCIETY
KARKHOTKINA Anna Olegovna
postgraduate student of Philosophy, sociology and history sub-faculty of the Russian uni-versity of Transport (MIIT)
THE PHENOMENON OF A CAREER IN THE LIFE OF A MODERN RUSSIAN
Aim. To investigate the phenomenon of career in the life of a modern Russian, to identify the main factors influencing career aspirations and success, as well as to consider career strategies in the context of socio-economic and cultural changes in Russia.
Methodology. The methodological basis of the study was based on systematic, ac-tivity-based, socio-cultural and prognostic approaches, as well as methods of analysis and synthesis, questionnaires and interviews.
Results. The study found that the phenomenon of career for a modern Russian is becoming more and more significant, playing a key role in the formation of personal and social identity. The main factors influencing career aspirations include education, social networks, economic conditions and cultural values. The study also revealed a variety of career strategies that include entrepreneurship, working in large corporations and the public sector. Socio-economic changes such as digitalization and globalization have a significant impact on career paths, providing new opportunities, but also creating new challenges and inequalities.
Research implications. The results of the study contribute to a deeper understanding-ing of career processes in modern Russian society and can be used to develop recommendations to support professional growth and a successful career. The study highlights the importance of adapting educational and career programs to rapidly changing labor market conditions.
Keywords: career, career strategies, professional growth, digitalization, professional self-determination, youth, Russian society.
Article bibliography
1. Balog M. M., Demidova S. E., Troyan V. V. The impact of digitalization of the economy on the labor market // ETAP. – 2021. – No. 5.
2. Vorontsov V. S. Formation, development and transformation of national elites in the USSR and the Russian Federation // Bulletin of Udmurt University. Sociology. Political Science. International Relations. – 2019. – № 2.
3. Gorbacheva N. B. Young people’s view of professional choice and demand for professions in the labor market // KNZh. – 2015. – № 3 (12).
4. Gudashova L. E. Entrepreneurship in Russia: problems and features // Modern competition. – 2013. – № 2 (38).
5. Evdokimova M. V. Career orientations of modern youth // Economy and society. – 2016. – №10 (29).
6. Zhukovskaya O. V. Designing a professional career for Russian youth in the higher education system: management aspect, 2010.
7. Kozhokina L. Yu. Causes of unemployment, its positive and negative consequences // E-Scio. – 2019. – No. 12 (39).
8. Kupyanskaya M. A., Dotsenko D. A. Analysis of the dynamics of unemployment in Russia // International Journal of Humanities and Natural Sciences. – 2019.
9. Levchenko V. V., Pleshivykh K. A. Social aspects of career growth of employees at a modern Russian enterprise // Bulletin of the State University of Management. – 2016. – No. 9.
10. Romanovskaya E. V., Terekhova A. E., Emelyanova A. M., Sulimova I. D. Study of unemployment problems in a market economy // Successes of modern science. – 2017. – No. 2. – P. 121-123.
11. Smolentseva E. V. Unemployment in the Russian Federation: assessment and features// Moscow Economic Journal. – 2019. – No. 6.
12. Staursky E. S., Staursky S. S. Trends in the Development of the Russian Labor Market // Bulletin of the Cluster University. – 2022. – No. 1 (1).
13. Tonkikh N. V., Baranova N. V. Work-life balance in the system of values of young people: research methodology // Discussion. – 2020. – No. 5 (102).
14. Shibarshina O. Yu. On the issue of the dynamics of unemployment rates in Russia // Innovative economy: prospects for development and improvement. – 2019. – No. 1 (35).
15. Yakovlev A. A., Egorov M. N. Career strategies of young people as a path to promising activities // Humanitarian, socio-economic and social sciences. – 2024. – No. 1.
16. Yarovaya T. V., Kalinkina V. V. Unemployment in the Russian Federation and its causes. Educational projects of the state as an effect of changes in the labor market during the COVID-19 pandemic // Moscow Economic Journal. – 2022. – No. 1.
PHILOSOPHY. LAW. SOCIETY
PLINTSOVSKIY Andrey Sergeevich
postgraduate student of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE INCLUSIVE POTENTIAL OF PHILOSOPHICAL INTERPRETATIONS OF CREATIVITY IN A WESTERN EUROPEAN PERSPECTIVE
The article attempts to analyze philosophical interpretations of creativity in a Western European perspective on the subject of inclusive potential. In almost every area of philosophy, there are points of contact with the ideas of inclusion, which indicates an appeal to human problems at almost any time interval.
Keywords: inclusion, disability, people with health deficits, creativity, retrospective analysis, philosophical interpretation.
Article bibliography
1. Adler A. Understanding the nature of man / A. Adler; [translated from German by E. Tsypin]. – Moscow: AST Publishing House, 2021. – 320 p. – (Philosophy – Neoclassic).
2. Berdyaev N. A. The meaning of creativity. The experience of human justification. – Moscow: Yurait Publishing House, 2018. – 256 p. – (Anthology of Thought).
3. Zenko N. N. The Problem of Creative Self-Realization of the Individual in the Works of Renaissance Thinkers // Bulletin of the I. P. Shamyakin Moscow State Pedagogical Univ. – 2017. – No. 2 (50). – P. 78-82.
4. Komarov A. I. Ancient Philosophy (Democritus, Plato) and the Problem of Creativity // Economic and Social-Humanitarian Studies. – 2014. – No. 2 (2). – P. 55-63.
5. Nesterova O. Yu. Freedom of Choice as the Basis of Creativity in the Philosophy of Thomas Aquinas // Almanac of Modern Science and Education. – Tambov: Gramota, 2017. – No. 3 (117). – P. 65-67.
6. Rorty R. Chance, Irony, and Solidarity / Rorty R. Translated from English by I. Hestanova, R. Hestanova. – M.: Russian Phenomenological Society, 1996. – 282 p.
7. Sudakova N. E. Philosophy of Inclusion: Paths to the Receiving Society // Music in the Information Space of the Culture of the Third Millennium: Problems, Opinions, Prospects: Collection of scientific papers. Issue VII. – M.: RSSU, 2012.
8. Sudakova N. E. Man in the Era of Inclusion: The Birth of Participatory Being: Monograph. – M.: Buki Vedi, 2018.
PHILOSOPHY. LAW. SOCIETY
KUBRIKOVA Anna Sergeevna
senior lecturer of the M. F. Reshetnev Siberian State University of Science and Technology, postgraduate student of the V. P. Astafjev Krasnoyarsk State Pedagogical University
LISINA Larisa Georgievna
Ph.D. in philosophical sciences, associate professor, Head of Philosophy, economics and law sub-faculty of the V. P. Astafjev Krasnoyarsk State Pedagogical University
HISTORICAL DEVELOPMENT OF THE STATE AND THE EVOLUTION OF STATEHOOD: THE BI-UNITY OF THE PROCESS
The article examines the relationship between the formation of statehood and the historical development of the state. This dual, two-sided process is influenced by many factors of both internal and external nature. Two approaches to understanding the evolution of statehood are compared: formational and civilizational. The formational approach, based on the principle of changing socio-economic structures, is certainly fruitful, but it does not always explain the unique features of a particular state. The civilizational approach takes into account the unique features of the country and the people, allowing for various trajectories of statehood formation. Russia, which has gone through a difficult path from monarchy to a modern democratic system, serves as a vivid example that allows us to understand how historical processes influence the structure and development of the state, ensuring its adaptation to various global challenges.
Keywords: state, statehood, formation approach, civilization approach, historical development, typology of states, global challenges.
Article bibliography
1. Grechnev A. V. Interaction of the state and the individual in the focus of the formational approach // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 55-57. – EDN KHDXZX.
2. Farkhutdinov L. I. Ignoramusetignorabimus: the problem of the theory of capitalist crisis from the point of view of the methodology of science // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 555-557. – EDN LFEITJ.
3. Pogosyan V. G. The phenomenon of modernization in light of the civilizational and formational approaches // Social Policy and Sociology. – 2016. – V. 15. № 2(115). – P. 138-146. – DOI 10.17922/2071-3665-2016-15-2-138-146. – EDN WXQIIH.
4. Rozanov F. I., Danilova A. A. Common and Different in Understanding the Historical Process by Formational and Civilizational Approaches // New Science: History of Formation, Current State, Development Prospects: A Collection of Articles Following the Results of the International Scientific and Practical Conference, Kazan, April 26, 2018. Volume Part 2. – Kazan: Limited Liability Company “Agency for International Research”, 2018. – P. 160-162. – EDN YXALRP.
5. Davydenko E. N. From the formational and civilizational approach to development to a multidimensional approach to understanding socio-historical reality // Methodology of understanding history: objective mechanisms of development versus political projectivism (Series “Socio-humanitarian research of Donbass scientists”): Proceedings of the X All-Russian scientific and practical conference with international participation, Donetsk, April 19, 2024. – Donetsk: Donetsk National Technical University, 2024. – P. 65-72. – EDN EURBBU.
6. Farkhutdinov I. Z. “Russian trace” in Morocco. El-Maghrib: The Far West of the Arab East in the context of Eurasian geopolitics // Eurasian Law Journal. – 2021. – No. 6 (157). – P. 18-25. – EDN EUTQSL.
7. Shirokova M. A. Civilizational approach in the content of the course “Fundamentals of Russian statehood” // Actual culture. – 2024. – No. 1. – EDN KWTICJ.
8. Dubrovin M. A. The state in the context of globalization challenges: an integration approach // Eurasian Law Journal. – 2022. – No. 5 (168). – P. 66-67. – EDN LBRMEU.
9. Musayeva A. G., Agasieva M. N. Political regime: as an element of the form of state // Eurasian Law Journal. – 2024. – No. 5 (192). – P. 93-94. – EDN QXUJIV.
10. Sinodskiy A. V. Human Rights in the Context of Globalization: A Civilizational Approach // Proceedings of Bratsk State University. Series: Humanitarian and Social Problems of Development of Siberian Regions. – 2005. – Vol. 1. – Pp. 126-128. – EDN SJKTZD.
PHILOSOPHY. LAW. SOCIETY
ROMANOVSKAYA Vera Borisovna
Ph.D. in Law, professor, Head of Theory and history of state and law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
KRYMOV Andrey Vladimirovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
STATE AND LEGAL IDEALS AND VALUES: THE WEST AND RUSSIA
The article reveals the fundamental discrepancy in scientific approaches to the problems of the state, law and society in the West and in Russia, the danger of relying on Western concepts of the rule of law, democracy, and human rights, which are constantly used to destabilize political regimes disloyal to the collective West. The neglect of domestic philosophical and legal ideas of state building and social development threatens the sovereignty of the country.
The views of Russian Eurasians and their criticism of Western approaches to the world order as common and universal for all countries are analyzed. The question is raised about the need to strengthen national scientific sovereignty in the field of jurisprudence and in other areas of social science, taking into account the current devaluation of many Western legal values and institutions.
Keywords. Democracy, Eurasianism, ideocracy, culture, liberalism, scientific sovereignty, religious and moral values.
Article bibliography
1. Alekseev N. N. Eurasians and the state // Eurasian chronicle / Ed. P. N. Savitsky. Issue IX. – Paris: Eurasian book publishing house, 1927. – 101 p.
2. Vysheslavtsev B. P. Crisis of industrial culture. Selected works. – M. Astrel, 2006. – 1037 p.
3. Gasparov, M. L. Entertaining Greece: Stories about Ancient Greek Culture. – M.: New Literary Review, 1998. – 384 p.
4. Dostoevsky, F. M. Complete Works in Thirty Volumes. Volume 15. Notes / USSR Academy of Sciences, Institute of Russian Literature (Pushkin House); editorial board: V. G. Bazanov (editor-in-chief), G. M. Friedlender (deputy editor-in-chief), V. V. Vinogradov, and others. – Science. LeningradDepartment, 1972-1990. – 624 p.
5. Eurasianism. (Formulation of 1927) // Eurasian Chronicle / Ed. by P. N. Savitsky. Issue IX. – Paris: Eurasian Book Publishing House, 1927. – 101 p.
6. Levin, Ya. A. Operation Ajax in CIA Analytics: Colonial Knowledge in the Postcolonial Era // Samara Scientific Bulletin. – 2018. – Vol. 7. No. 2 (23). – P. 200-203.
7. Nazmutdinov, B. V. The Concept of the State in the Works of the Classics of Eurasianism // Law. Journal of the Higher School of Economics. – 2012. – No. 4. – P. 163-176.
8. Savitsky P. N. Selected Works / P. N. Savitsky; compiled by, author of the introduction E. L. Petrenko; authors of the comments M. I. Ivanov, T. V. Ivanova, A. L. Petrenko. – M.: Russian Political Encyclopedia (ROSSPEN), 2010. – 776 p.
PHILOSOPHY. LAW. SOCIETY
BIKMETOV Evgeniy Yurjevich
Ph.D. in sociological sciences, professor of the Ufa University of Science and Technology
GARIPOVA Galiya Rizvanovna
Ph.D. in philosophical sciences, associate professor of the Ufa University of Science and Technology
ITKULOVA Leysian Akhmetovna
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
LUKYANOV Arkadiy Viktorovich
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
PUSHKAREVA Marina Alexeevna
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
ETHICS OF DUTY AS A METHODOLOGICAL RESEARCH PROGRAM OF ECOLOGICAL THINKING AND BEHAVIOR IN THE CONDITIONS OF INVIRONMENTAL CRISIS
The article develops philosophical and ethical foundations of ecological thinking and behavior in the context of ethics of duty. The authors understand the ethics of duty as the potency, the power of harmony, on which the hope for the effectiveness of moral efforts of mankind and its revival in the future is based. The ethics of duty is connected with deontology, opposing consequentialism, utilitarianism and narrow-pragmatic approach to the consideration of social phenomena, defines the requirements for human actions, which should not destroy existence in the future and do not threaten the preservation of life. Ecological thinking and behavior do not arise randomly and automatically, but require moral effort. The applied dialectical method, which is based on the principle of activity of self-consciousness, is associated with rising above utilitarianism, overcoming consumerist, technocratic attitude to the surrounding world, operating with quantitative indicators of intellectual progress. The research is based on the principle of additionality of sensuality and reason, pleasure and duty.
Keywords: ethics of duty, ecological thinking, dialectical method, environmental crisis, complementarity principle.
Bibliographic list of articles
1. Elkington J. Towards the Sustainable Corporation: Win-Win-Win Business Strategies for Sustainable Development // California Management Review. – 1994. – Vol. 36. – P. 90-100.
2. Jonas H. Das Prinzip Verantwortung: Versuch einer Ethik für die technologische Zivilisation. Neuausgabe mit einem Nachwort von R. Habeck. – Berlin, 2020.
3. Brennan A. The Moral Standing of Natural Objects // Environmental Ethics. – 1984. – Vol. 6. – P. 35-56.
4. Katz E. Nature as Subject. Human Obligation and Natural Community. – New York: Rowman & Littlefield Publishers, 1997.
5. Badiou A. Metaphysics and the Critique of Metaphysics // Pli. – 2000. – Vol. 10. – P. 174-190.
6. Leyenberger G. Metaphores de la presence. II. La philosophie de Hölderlin. – Editions Osiris, 1994.
7. Wagner F. The Concept of the Personality of God by Ficnte and Hegel. – Gütersloh, 1971.
8. Bloch E. Understanding the Concepts in Philosophy. – Suhrkamp Verlag, 1963.
9. Lukyanov A. V. The Idea of Metacriticism of “Pure” Love (A Philosophical Introduction to the Problem of the Relationship between Dialectics and Metaphysics). – Ufa: BashSU, 2001.
10. Limits to Growth: The 30-Year Update. With D. Meadows, J. Randers, D. Meadows. – Chelsea Green Publishing, 2004.
11. Thomas Aquinas. Sum of Theology: with Comments and Explanations / Transl., compiled, commented by K. Bandurovsky. – M .: AST, 2019.
12. Aristotle. Works: In 4 volumes. Vol. 1 / Ed. V. F. Asmus. – M .: Mysl, 1976.
13. Kant I. Works. In 6 volumes. Vol. 6 / Ed. A. V. Gulyg; trans. B. A. Focht. – M .: Mysl, 1964.
14. Girndt H. The “I” Whose Works Are the Foundations of the Historical Wisdom in the History of the Wisdom of 1804 // Fichte-Studien. – 1997. – Vol. 10. – P. 319-333.
15. Lauth R. Die transzendentale Naturlehre Fichtes nach den Prinzipien der Wissenschaftslehre // Tijdschrift Voor Filosofie. – 1986. – Vol. 48(1). – P. 141-142.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
ENCLAVIZATION OF RUSSIA AS A THREAT TO SUSTAINABILITY
Convicts Abdullaev, Arslonov, Ganiev, Dzhabborov, Zhumayev, and Turabayev, who were serving sentences for drug dealing, rape, and robbery, made a 65-meter-long dig in Lipetsk Penitentiary Institution-2. This emergency was another in a series of alarm bells related to migrants in Russia this year. The apogee of brazenness and cynicism was the terrorist attack in Crocus, where 120 people were killed. It was carried out, like many other provocations by guest workers, on the orders of Western intelligence services. It is only today that a sober understanding of simple truths comes to light: “migrants remain loyal to their countries and their communities”, “diasporas cannot be filled with power, they will not protect Russia”, “the growth of migrants in cities with millions of inhabitants is a strategic risk”, “shawarma construction is a redundant form of economy”, “the UAE formula for migrants ‘no families and no children’ is optimal for construction business and production”.
Keywords: xenophobia, enclavization, ethnodemography, sustainable development.
Bibliographic list of articles
1. Zakharova O. V., Timoshchuk A. S. Ethnoconfessional heterogeneity and security of Russian society // Social relations. – 2024. – No. 3 (30). – P. 105-117.
2. Babich A. A. Influence migration processes on crime and its prevention (based on materials from the Russian Federation and the Republic of Kazakhstan) // Abstract of Cand. Sci. (Law). – M.: MU MVD, 2023. – 31 p.
3. Magomedov E. B. Criminological characteristics of crime of foreign migrants in the republics of the North Caucasian Federal District and its prevention: author’s abstract. dis. … candidate of legal sciences. – Grozny: ChSU, 2021. – 19 p.
4. Rybakovsky L. . L. The demographic future of Russia and migration processes // Sociological research. – 2005. – No. 3. –P. 71-81.
5. Yurkov D. V. Migration policy of the United Arab Emirates: problems and prospects // Bulletin of Economics, Law and Sociology. – 2015. – No. 4. – P. 150-154.
PHILOSOPHY. LAW. SOCIETY
RUDKEVICH Elena Yurjevna
Ph.D. in philosophical sciences, professor of Military and political work in the military (forces) sub-faculty, branch of the Military Educational Scientific Center “Professor N. E. Zhukovsky and Yu. A. Gagarin Air Force Academy” in Syzran
WAR: CONCEPTUALIZATION OF THE CONCEPT IN THE WORK OF H. HOFMEISTER’S “THE WILL TO WAR OR THE IMPOTENCE OF POLITICS”
In Hofmeister’s theory, war is an integral part of the state, despite the fact that states were created in the hope of putting an end to violence and wars. Without denying the connection between war and politics (as a special activity of the state), the researcher shows war not as a means of conducting politics, but as the absence of politics. Hofmeiter’s main thesis, derived in the title of the work, is consistently proven and confirmed on the pages of the work itself. The author confirms that the thematization of war is possible only within the framework of philosophical knowledge.
Keywords: politics, modern society, war, violence, H. Hofmeister.
Article bibliography
1. Dostoevsky F. M. Paradoxalist // Russian philosophers on war. – M.; Zhukovsky: Kuchkovo pole, 2005. – P. 11-18.
2. Jouvenel B. de. Power. The natural history of its growth. – M.: IRISEN; Mysl, 2010. – 544 p.
3. Kaldor M. New and old wars: the organization of violence in the global era. – M.: Gaidar Institute Publishing House, 2015. – 416 p.
4. Krasikov V. I. Violence and Culture // Bulletin of the Kemerovo State University of Culture and Arts. – 2008. – No. 6. – P. 63-77.
5. Lyubimova T. B. War: Fate or evil will? // Electronic philosophical journal Vox / Voice. [Electronic resource]. – Access mode: http://vox-journal.org Issue 18 (June 2015)
6. Maltsev K. G., Maltseva A. . V., Lomako L. L. War in the horizon of the “concept of the political” (K. Schmitt) and the “impotence of politics” (H. Hofmeister) // Bulletin of the State Regional University. Series: History and political sciences. – 2022. – No. 4. – P. 124-138.
7. Matyash D. V. Death, war, blood, Motherland: tradition and non-tradition // Philosophy of Law. – 2003. – No. 1 (7 ). – P. 70-74.
8. Matyash D. V., Kharisov R. Z. Social and anthropological dimension of power // Humanitarian and socio-economic sciences. – 2006. – No. 2 (21). – P. 53-57.
9. Melkov S. A., Mikryukov V. O. Summary-review of the book by a modern polyphilosophical philosopher // GosReg: state regulation of public relations. – 2017. – No. 2 (20). – P. 21.
10. Rudkevich E. Yu., Cherepanov A. Yu. Typology of wars: basics of socio-philosophical analysis // Bulletin of the Academy of Military Sciences. – 2018. – No. 3 (64). – P. 16-21.
11. Hofmeister H. The will to war or the impotence of politics. – St. Petersburg: IC “Humanitarian Academy”, 2006. – 288 p.
PHILOSOPHY. LAW. SOCIETY
SIGAURI-GORSKII Egor Ruslanovich
scientific research of the Centre for Vietnam and ASEAN Studies, Institute of China and Contemporary Asia of the Russian Academy of Sciences
MUTUAL LESSONS OF «THE ASEAN WAY» AND EURASIAN INTEGRATION IN THE EMERGENCE OF A MULTIPOLAR WORLD ORDER: ISSUES OF SOCIOLOGY OF LAW AND POLITICAL PHILOSOPHY
The goal of the study is to provide an inquiry regarding the possibilities of using the example of ASEAN Way diplomacy for integration processes in the Eurasian space. The diplomatic practice of the «ASEAN Way» is considered from the perspective of O. Ehrlich’s sociology of law approach. The significance of the ASEAN Way as a reflection of the «living law» of Southeast Asian states, formed by traditional patterns of behavior, is emphasized in the context of the pluralism of Southeast Asian legal culture, which includes the influence of different legal systems and traditions. It seems that the ASEAN «living law» can serve as a certain reference point for the EAEU, whose legal culture is still in the process of formation. The key common factor of further foreign policy development for the EEU and ASEAN is integration based on the pluralism of cultural diversity and respect for the sovereign interests of partners in the context of global changes in the world order.
Keywords: ASEAN, EAEU, ASEAN Way, Eurasian integration, Southeast Asia, pluralism, sociology of law, sociological jurisprudence, political philosophy.
Article bibliography
1. Globalization and integration processes in the Asia-Pacific region (legal and economic study): monograph / I. I. Shuvalov, T. Ya. Khabrieva, A. Ya. Kapustin [et al.]; edited by Academician of the RAS T. Ya. Khabrieva. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2019. – 332 p.
2. Efremova K. A. ASEAN as a “normative force”: subject field of discussion // Comparative politics. – 2019. – Vol. 10. No. 4. – Pp. 97-107.
3. Schmitt K. State and political form [Text] / Trans. from Ger. O. V. Kildyushova; compiled by V. V. Anashvili, O. V. Kildyushov; State University – Higher School of Economics. – Moscow: Publishing House of the State University – Higher School of Economics, 2010. – 272 p. – (Political Theory).
4. Blickman M. A. F.S.C. Northrop’s Legal Science and International Law: A Solution to Ideological Conflict Through Law // Boston College International & Comparative Law Journal. – 1977. – Vol. 1. № 1. – P. 337-355.
5. Northrop F.S.C. The Meeting of East and West. An Inquiry Concerning World Understanding. – The MacMillan Company, 1947. – 531 p.
PHILOSOPHY. LAW. SOCIETY
RAZINKOVA Oksana Igorevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty, Russian University of Transport (RUT (MIIT), Corresponding Member of the International Academy of Sciences of Pedagogical Education
FEATURES OF THE FORMATION OF A CHILD’S «NETWORK PERSONALITY»: A SOCIO-PHILOSOPHICAL ANALYSIS
The article examines the phenomenon of «network personality» as one of the forms of identification of the younger generation. Based on the analysis of studies devoted to the influence of Internet content and social networks on the formation of a child’s worldview, the features of the «network personality» are described, on the one hand, implying unlimited freedom of communication, behavior, assessment of what is happening, on the other, generating a number of threats and challenges associated with the psychological and mental health of children and adolescents under the influence of constant presence in the Internet space.
Keywords: network personality, teenagers, children, parents, Internet, social networks, younger generation, identification, worldview.
Article bibliography
1. Akhayan A. A. Network personality as a pedagogical concept (invitation to reflection): on one feature of network personality // Educational dynamics of network personality materials of the 1st international scientific and practical conference. Herzen State Pedagogical University of Russia, 2018.
2. Elkina I. M. On new didactic concepts: rhizome-like learning // FN. – 2016. – No. 11.
3. Zakharov K. P. Bulletin “On network personality and features of its formation” // Bulletin of PSU Series No. 1. Psychological and pedagogical sciences.
4. Koroleva D. O. Study of everyday life of modern teenagers: presence in social networks as an integral part of communication [Electronic resource] // Modern foreign psychology. – 2016. – Vol. 5. – No. 2.
5. Muranova A. Seven phobias born of gadgets and the Internet // Russian Seven. [Electronic resource]. – Access mode: https://russian7.ru/post/7-fobij-rozhdennyx-gadzhetami-i-internetom.
6. Nechaev V. D., Durneva E. E. “Digital generation”: psychological and pedagogical study of the problem // Pedagogy. – 2016. – No. 1 (39).
PHILOSOPHY. LAW. SOCIETY
FAYZULLIN Fanil Saitovich
Ph.D. in philosophical sciences, professor, Academician of the Academy of Sciences of the Republic Bashkortostan, chief researcher, Institute for Social and Economic Researches, Ufa Federal Research Centre of the Russian Academy of Sciences
KOMISSAROV Sergey Nikolaevich
Ph.D. in philosophical sciences, professor, Head of the sector, Institute of Sociology of the Russian Academy of Sciences
GEZALOV Ariz Avazoglu
Ph.D. in philosophical sciences, leading researcher, Institute of Sociology of the Russian Academy of Sciences
ACTUALIZATION OF THE PROBLEMS OF THE DEVELOPMENT OF NATIONAL CULTURES OF RUSSIA IN THE CONTEXT OF GLOBALIZATION
The article is devoted to important questions about how Russia, being a multinational state, can maintain its unity and be competitive in the global community in the conditions of modern globalization. It is proved that the main goal of state policy in the new conditions of integration should be aimed at strengthening national unity by forming deep feelings of patriotism, respect and rapprochement between different ethnic groups. The need to confront the negative trends of modern globalization and the importance of preserving and developing the cultural diversity of the peoples of Russia and creating harmonious interethnic relations in the context of the transformation of public relations is emphasized.
Keywords: culture, globalization, state, national unity, interethnic relations, competitiveness.
Article bibliography
1. Lindsay S. Culture, mental models and national prosperity. Moscow: MSPI, 2019. 125 p.
2. Gezalov A. A. Sociocultural context of the transformation of Russian society // Social and humanitarian knowledge. 2023. No. 11. Pp. 105-110.
3. Karpushin O. I., Komissarov S. N. State policy in the sphere of culture in the mirror of sociology // Humanitarian of the South of Russia. 2018. Vol. 7, No. 5. 129-138.
4. Abdulatipov R. G. Cultural code of multinational Russia. Moscow, 2011. 437 p.
5. Zaripov A. Ya., Faizullin F. S. Peculiarities of ethnic consciousness of modern society. Saarbrücken: Lambert, 2016. 247 p.
6. Fayzullin F. S., Zaripov A. Ya. Ethnicity as a subject of social relations. Ufa: Gilem, 2013. 320 pp.
7. Likhachev D. S. Russian art. From antiquity to avant-garde. M.: Art (Leningrad branch), 2009. 451 p.
PHILOSOPHY. LAW. SOCIETY
SILYUTINA Alla Valerjevna
lecturer of Constitutional and international law sub-faculty, Institute of Law, North Caucasus Federal University, Stavropol
SOCIO-PHILOSOPHICAL ASPECT OF THE CORRELATION OF TRADITIONS AND INNOVATIONS IN THE SOCIAL DYNAMICS OF MODERN SOCIE-TY
The article examines the processes of traditionalization and innovative development, their sociocultural aspects and the philosophical approach to their consideration. The analysis is carried out on the basis of W. Ogborn’s theory of “cultural lag,” which shows the uneven development of different social spheres and the lag of adaptive culture from material culture. This une-venness is especially noticeable in modern society, in which there are too many innovations, and the ability of society to adapt to them is not enough to synchronize social development. As a result, a cultural value-normative gap accumulates, influencing public consciousness, giving rise to a variety of effects in the perception of innovative processes – from uncritical admiration for innovations to mythological negativity of any innovations. The problem of the relationship between traditions and innovations requires a balanced, comprehensive axiological approach to social reflection, the development of an attitude towards innovation and an acceptable measure of the introduction of innovations into social development.
Keywords: society, tradition, innovation, social dynamics, globalization, archaization.
Article bibliography
1. Baklanov I. S., Baklanova O. A., Semkina E. N. Processes of digitalization of life in modern society: challenges and social risks // Scientific Bulletin of the State Autonomous Educational Institution of Higher Education “Nevinnomyssk State Humanitarian and Technical Institute”. – 2024. – No. 2. – P. 16-19.
2. Baklanova O. A., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: socio-philosophical aspect // Bulletin of Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
3. Efremenko D. V. William Ogborn and the idea of \u200b\u200bcultural lag. On the Centenary of the Hypothesis // Philosophy of Science and Technology. – 2022. – Vol. 27, No. 2. – P. 58-71.
4. Ogborn W. F. From the book “Social Change”, Part IV. Social Discrepancies // Philosophy of Science and Technology. – 2022. – Vol. 27, No. 2. – P. 72-84.
5. Spitsina D. D., Baklanov I. S., Kadanina A. V. Ideological Foundations of the Formation of a Digital Society: Value and Temporal Orientations of Modern Youth as Generation Z // Eurasian Law Journal. – 2024. – No. 2 (189).
– P. 547-548.
6. Ustyantsev V. B., Orlov M. O., Ivanov A. V., et al. Risk society: management strategies and alternative styles of thinking. – Saratov: Saratov source, 2009. – 240 p.
BOOK REVIEW
BURYANOV Sergey Anatoljevich
Ph.D. in Law, associate professor, Scientific Director of the Global Law Forum
THE DIFFICULT PATH FROM THE LAW OF FORCE TO THE FORCE OF LAW AND FROM THE BALANCE OF POWER TO THE BALANCE OF INTERESTS. SEARCHING FOR THE FUTURE OF INTERNATIONAL LAW THROUGH UNDERSTANDING ITS PAST IN THE MONOGRAPH BY Ph.D. in LAW INSUR ZABIROVICH FARKHUTDINOV “EVOLUTION OF INTERNATIONAL LAW FROM WESTPHAL TO VERSAILLES (1648 – 1919)”. – Moscow: INFRA-M, 2024. – 446 p.
In the context of the globalization of international relations, the monograph by Insur Zabirovich Farkhutdinov is considered. Review of the scientific publication: Farkhutdinov I. Z. Evolution of international law – from Westphal to Versailles: monograph / I. Z. Farkhutdinov. – Moscow: INFRA-M, 2024. – 446 p. – (Scientific thought). – DOI 10.12737/2135819.
It is concluded that not only the stability of the international system and international security will depend on the evolution of international law, but also the possibility of resolving global negative consequences, as well as the very existence of human civilization.
Keywords: international relations, international law, evolution of international law, Westphalian-Vienna system, globalization, I. I. Lukashuk
Bibliographic list of articles
1. Buryanov M. S. The Importance of Law in the Context of Modern Global Processes // Actual Problems of Formation and Development of the Legal System of the Russian Federation // Collection of Materials of the II All-Russian Scientific and Practical Conference of Students, Masters and Postgraduates. – M. 2018. – P. 130-133.
2. Buryanov M. S. Digital Rights of the Child: Monograph. – Moscow: RUSAINS, 2023. – 294 p; Buryanov M. S. Digital Human Rights as a Response to the Threats of Globalization 4.0 // Globalistics-2020: Global Problems and the Future of Humanity. Collection of Articles of the International Scientific Congress. – M., 2020. – P. 395-398.
3. Buryanov S. A. International Recognition of the Right to Freedom of Conscience and Problems of Its Implementation in the Russian Federation in the Context of Modern Global Processes. – M. 2020. – 624 p.
4. Buryanov S. A., Buryanov M. S. The concept of evolutionary transition to human-oriented global governance // Century of globalization. – 2021. – No. 3. – pp. 86-100. DOI: 10.30884/vglob/2021.03.07.
5. Buryanov S. A., Buryanov M. S. Human rights as a key factor in achieving sustainable managed development // Century of globalization. – 2022. – No. 4 (44). – pp. 97-110. DOI: 10.30884/vglob/2022.04.07.
6. Lukashuk I. I. Globalization and Law // State and Law. – 2005. – № 12. – P. 112-115.
7. Lukashuk I. I. Globalization, State, Law, XXI Century. – Moscow: Spark, 2000. – 279 p.
8. Lukashuk I. I. International Law. General Part: Textbook for Students of Law Faculties and Universities. – 3rd Edition, Revised and Supplemented. – Moscow: Wolters Kluwer, 2005.
9. Lukashuk I. I. International Law. General Part: Textbook for Students of Law Faculties and Universities. – 3rd Edition, Revised and Supplemented. – M.: Wolters Kluwer, 2005.
10. International Law: Special Part: Textbook for Students of Law Faculties and Universities. Lukashuk I. I. – M.: Wolters Kluwer, 2005.
11. Rudinsky F. M. Civil Human Rights in Russia: Modern Problems of Theory and Practice. M. ZAO “TF “MIR”. Third Edition. Supplemented. – M., 2010. – 624 p.
12. Farkhutdinov I. Z. American Doctrine of a Preventive Military Strike (International Legal Aspects). – M. 2017. – 338 p.
13. Farkhutdinov I. Z. The American Doctrine of Preventive Strike from Monroe to Trump: International Legal Aspects. – M. 2018. – 419 p.
14. Farkhutdinov I. Z. The Versailles-Washington System – 20 Years of Peace. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. – No. 5 (144). – P. 36-43.
15. Farkhutdinov I. Z. War and Peace in the Context of International Law. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. – No. 2 (141). – P. 25-33.
16.Farkhutdinov I. Z. The Doctrine of the Westphalian Peace System: Myths and Realities // Eurasian Law Journal. – 2019. – No. 6 (133). – P. 21-31.
17. Farkhutdinov I. Z. The Israeli Doctrine of Preventive Self-Defense and International Law // Eurasian Law Journal. – 2016. – No. 8. – P. 15-32.
18. Farkhutdinov I. Z. The Iranian Doctrine of Preventive Self-Defense and International Law (end) // Eurasian Law Journal. – 2017. – No. 2. – P. 15-25.
19. Farkhutdinov I. Z. International or Global Law // International Lawyer. All-Russian Journal of International Law. – 2004. – № 4. – P. 15-23.
20. Farkhutdinov I. Z. International Law in the Context of Globalization // Law and Politics. – 2003. – № 8. – P. 141-149.
21. Farkhutdinov I. Z. International Law and the US Doctrine of Preventive Self-Defense // Eurasian Law Journal. – 2016. – № 2. – P. 23-31.
22. Farkhutdinov I. Z. International Law on the Use of Military Force by a State against Non-State Actors // Eurasian Law Journal. – 2016. – No. 7 (98). – P. 59-76.
23. Farkhutdinov I. Z. International Law on the Principle of Non-Use of Force or Threat of Force: History and Modernity // Eurasian Law Journal. – 2015. – No. 11 (90). – P. 34-38.
24. Farkhutdinov I. Z. International Law on Self-Defense of States // Eurasian Law Journal. – 2016. – No. 1. – P. 91-100.
25. Farkhutdinov I. Z. Post-Utrecht Europe – Endless Wars in the 18th Century. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of the Development of International Law (continued) // Eurasian Law Journal. – 2019. No. 12 (139). P. 22-33.
26. Farkhutdinov I. Z. The Collapse of the Vienna System of International Relations at the Turn of the XIX-XX Centuries. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. No. 3 (142). – P. 22-30.
27. Farkhutdinov I. Z. The Role of Revolutions in the Formation of International Law. Experience of Doctrinal Research of the Problems of Formation of a Modern Model of International Relations in the Context of Development of International Law // Eurasian Law Journal. – 2020. No. 1 (140). – P. 15-21.
28. Farkhutdinov I. Z. The Treaty of Utrecht: The Beginning or the End of Westphalia? An Experience of Doctrinal Research on the Problems of Formation of a Modern Model of International Relations in the Context of the Development of International Law (continued) // Eurasian Law Journal. – 2019. – No. 10 (137). – P. 23-29.
29. Farkhutdinov I. The Hague Peace Conferences of 1899 and 1907. Who Started the First World War. An Experience of Doctrinal Research on the Problems of Formation of a Modern Model of International Relations in the Context of the Development of International Law // Eurasian Law Journal. – 2020. – No. 4 (143). – P. 29-36.
30. Farkhutdinov I. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. – Cambridge Scholars Publishing. 2020. – 533 p.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
1,712 ВСЕГО, 47 СЕГОДНЯ