CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №3(202)2025

PERSONA GRATA
P. P. Kremnev:
On the issue of the date of formation and the legal nature of the Commonwealth of Independent States
Interview with Peter Petrovich Kremnev, Ph.D. in Law, professor of International law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University, member of the European Association of International Law.
INTERNATIONAL LAW
Biryukova V. P.
Application of international intellectual property norms by Swiss courts
Kudryashov V. V.
«Soft» law in international arbitration: foreign approaches
Kshevitskiy S.A.
The principle of non-refoulement in different forms of international cooperation
Mishalchenko Yu. V., Ladyka S. I.
International legal aspects of the use of conciliation in the settlement of public maritime disputes
Razumovskaya V. V.
Integration of artificial intelligence into the International Court of Arbitration
Umarov Ya. V.
Problems of responsibility in the use of systems with elements of artificial intelligence in international humanitarian law
Grushin Yu. O.
The «Good Samaritan» concept and regulation of digital platforms’ responsibilities: the experience of the USA and the EU
Maksenov I. R.
Cooperation between states on the use of nuclear energy sources in the context of the progressive development of international nuclear law
Shpakovskiy A. V.
Detention of refugees and asylum seekers in the international legal context of human rights and refugees’ rights
INTERNATIONAL PUBLIC LAW
Zaigraeva O. V., Potapova P. A.
The Russian continental shelf in the Arctic: background of the issue and prospects for expansion (part 1)
Idelbaeva G. I.
Prospects and problems of Russia’s international cooperation in the field of information security
INTERNATIONAL PRIVATE LAW
Kabantsova E. Yu., Rypalova A. A., Glinshchikova T. V.
Historical background and modern reasons for the increasing role of international trade customs in the field of cross-border trade relations
Nebieridze D. N., Glinshchikova T. V.
Basic concepts of legal liability of transnational corporations
Moskvitin Yu. M.
Party autonomy in the regulation of hereditary relations complicated by a foreign element
Lin Peiyuan
E-commerce and the transition to digital customs regulation: problems and prospects
Liu Yuan
North Africa in China’s «Belt and – road initiative»
THEORY OF STATE AND LAW
Bamatkirieva S. Kh.
Legal technology: scientific approaches to the definition of the concept
Zorina N. V.
Kant’s concept of free will as a synthesis of philosophical, theological and legal content in the doctrine of man
Sukhorukov V. A., Gladkov D. V., Mikhaylov S. N.
Rights and responsibilities of the individual under the rule of law: socio-political and cultural factors
Furman T. G.
The influence of non-traditional religious organizations on the spiritual life of Russian society
Vartanyan S. G.
Effectiveness of legal liability measures for violation (derogation) of a relative public subjective right
Vasiljeva T. D.
The structure of legal consciousness of civil servants: key elements and professional aspects
Mannanov A. A.
The role of legal awareness and legal culture in increasing the effectiveness of legal regulation
Nazarova I. V.
Peculiarities of legal regulation of medical activity in foreign countries
Ryabova I. O.
Problems of air transportation of animals in the CIS countries (theoretical and legal aspect)
Sizov G. G.
International experience of legal regulation of telemedicine: lessons for Russia
Sirotkin A. A.
Transformation of legal culture in the digital age: comparative legal analysis of Western, Eastern and Russian models
Soltani B. S.
The intersection of law and politics: a theoretical analysis of political values
Furman T. G.
Analysis of socio-political technologies in the sphere of gender interaction transformation
HISTORY OF STATE AND LAW
Gabdullina A. R.
The main stages of state-legal support of property relations in the Soviet period
Grishchenko L. L.
Theoretical and legal issues of territorial planning of military installations in the USSR (using the example of territorial military units)
Jamaludinova Z. G.
Gumbet union of rural societies
Egorov P. M.
State policy of scientific development of the Arctic in the 1970s: based on materials from the periodical press of the Arctic regions of Yakutia
Furman F. P.
Thе possibilitу of аn аltеrnаtivе bеtwееn nаrodniсism аnd еаrlу mаrxism: politiсаl аnd lеgаl аspесts
Karakov M. Yu.
Development of the institution of military duty in the Soviet period
Kokorin V. V.
The experience of M. M. Speransky in modernizing the legal order of the Russian Empire, in particular the codification of local laws
Fedotova R. R., Vildanov R. R.
Analysis of the Waqf institution in the Russian and Ottoman Empires (Mid-19th – early 20th Century): a historical and legal perspective
Furman F. P.
The doctrine of unlimited autocracy by Yuriy Krizhanich
CONSTITUTIONAL LAW
Gabibullaeva E. R.
The dialectic of the principles of equality and justice in constitutional and legal regulation
Zokhidov M. D.
Human dignity as the basis of human rights
Piventjev A. S.
Federal relations of modern Russia and their legal regulation
ADMINISTRATIVE LAW
Nikiforova E. N., Ermolina M. A.
Improving the legal framework for the digitalization of the Agro-Industrial Complex as a condition for ensuring Russia’s national security
Panfilova O. V., Volkov P. A.
Administrative activities of internal affairs bodies in transport to protect public order during public and mass events
Rudenko A. V.
Theoretical and practical aspects of improving public control (supervision) in the conditions of digital transformation
Sosnovskiy D. V.
Improvement of administrative and legal regulation mechanisms in the pharmaceutical market of Russia in the context of Eurasian integration
Burlakova E. M.
Public administration in the field of sports in the People’s Republic of China: historical and administrative-legal aspects
Ryazanov S. V.
Methodological basis for determining the value of land
MUNICIPAL LAW
Komlev E. Yu., Doshchatov A. A.
Legal regulation of the functioning of administrative districts in the Sverdlovsk region
Kryakov D. N.
International and foreign economic relations of local governments: concept and content
Farikova E. A.
Problems of legal regulation of activities of control and accounting bodies of municipalities
CIVIL LAW
Dadayan E. V., Storozheva A. N.
On the question of whether there are grounds for exempting the debtor from collecting the enforcement fee
Durasov V. V.
Institute of regulatory takings in Russia
Ivanenko V. G.
Deletion of information by law: personal data protection in the digital world
Kazankova T. N., Zhuravchak V. V., Kasimov E. R.
The essence and features of evidence in the notarial process
Kokova L. R., Lityagina A. S.
Analysis of the specifics of legal regulation of the labor of medical workers in the Russian Federation
Krivitskaya Yu. S.
The concept of family business and its role in the implementation of hereditary legal relations
Medzhidova E. V.
Acquisitive limitation as a basis for the creation of ownership rights: problems of theory and practice
Telibekova I. M.
Foreign experience of educational insurance
Khanova Z. R., Bagandov Dz. R.
Reform in property law: reality and prospects
Yastremskiy I. A.
Legal basis and legal significance of labeling of medical products entering the plastic surgery clinic in the national digital labeling system «Honest Sign»
Batanov A. A.
Institute of pre-contractual liability in Russia and some foreign countries: the history of formation and features of application
Gordyushkin I. G.
Comparative legal analysis of intergovernmental financial organizations and authorized banks of the Russian Federation: features of legal status and scope of activity
Ilyakhina A. A.
The role of the Institute of Commissioners for the protection of the rights of entrepreneurs in the implementation of legal mechanisms for the protection of the rights of business entities
Kindeev V. O.
Challenging the marriage contract of an insolvent debtor – individual entrepreneur
Lysenko N. A.
Inclusive education regulatory framework in an educational establishment
Maslov K. A.
The concept of sharing and its consolidation in Russian civil legislation
Matveev K. S.
The responsibility of medical organizations for harming the health of patients: judicial practice and trends
Melikyan A. S., Simonyan G. M.
Private law aspects in the field of education
Sergeev R. B.
A study of the strategy for managing the confidentiality of the security of digital information in the judicial archive
Svetlichny A. V.
Innovations in the legal regulation of liability of transport organizations on the transportation of passengers and luggage in direct mixed traffic
Telibekova D. B.
Borrower’s objection as an unconditional basis for refusing to convert under a convertible loan agreement
Trankalan F. I.
Features of legal regulation and organization of activities of electricity sector entities in Russia, China, and the USA
Turtogtokh N.
Amendment and regulation of the socialist and democratic civil laws of Mongolia
Khanova Z. R., Osmanov G. M.
Problems of legal regulation of virtual property in Russia and other countries
Khlapotin V. Yu.
Problematic aspects of pledge of exclusive rights as a form of intellectual property rights management
Filyakov R. A.
Suppression (prohibition) of actions (activities) that pose a threat of violation of the law
Khashagulgov I. T.
Procedural aspects of bankruptcy of individuals
Yastremskiy I. A.
The legal basis and list of documents of the supplier for medical devices – implants provided by them together with the goods to the plastic surgery clinic
Andrushchenko I. S.
Evaluation of compulsory license from the position of non-legal methodology: ethical and economic aspects
CIVIL PROCESS
Agaronyan E. A.
On defining the essence and importance of legal category «court ruling»
Wang Wei
Legal regulation of civil proceedings involving foreign persons in internet-related cases in China
Gorobiy A. O.
Сomparative analysis of types of verification of the legality of judicial acts that have entered into legal force in civil proceedings in Germany and Russia
Kotov I. A.
Institute of judicial forfeit in insolvency (bankruptcy) cases: procedural issues of realization
Pestova K. A.
The influence of information technology on the principles of civil procedure
ARBITRATION PROCEDURAL LAW
Skryabina A. K., Tretyakovich E. V.
Aspects of unfair procedural conduct of promisers during assets disposal procedures in bankruptcy cases
Orlova A. I.
Limits of the court’s procedural activity in determining the legal qualification of claims
FAMILY LAW
Dzamashvili R. R.
Actual problems of the process of dividing the property of spouses complicated by a foreign element in court proceedings on the example of Russia and Georgia
LABOUR LAW
Darbishukhumaev M. Z.
Comparative analysis of the peculiarities of consideration of labor disputes in judicial bodies in the SCO countries
Sholomova E. K., Fedosov A. V., Shvind D. P., Mikheeva A. D.
Legal regulation of trade unions’ activities in the field of labor protection
LAND LAW
Alexandrov A. A., Ermolina M. A.
The procedure for challenging the cadastral value of a land plot: legal problems and ways to overcome them
Skvortsova A. I.
Legal issues of land registration
FINANCIAL LAW
Kodzov T. N., Dikinov A. Kh.
Problems and prospects for the development of legal regulation of digital financial assets and cryptocurrency in the Russian Federation
Krasheninnikov M. A.
Development of antitrust regulation in digital markets at the present stage abstract
Unterov V. A., Khasnutdinov R. R., Nikitenkov S. A.
Financial and legal aspects of investment activities at the present stage enterprise development in the Russian Federation
Dikinov A. Kh., Kodzov T. N.
Problems and main directions of combating offenses in the sphere of digital economy
Krasheninnikov M. A.
Antitrust regulation in the context of digitalization: a comparative legal perspective
Lepina V. I.
Financial sovereignty as a component of state sovereignty
ENTREPRENEURIAL LAW
Muchinskiy D. O.
Current issues arising during the execution of a car sharing agreement
CORPORATE LAW
Umrikhin S. D.
The significance of the concept of balance of interests in corporate law
Cherkasov A. Yu.
Legal nature and actual problems of legal regulation of Production Sharing Agreements (PSA)
ECOLOGICAL LAW
Ponomarenko A. V., Abduzhalilov T. F., Smirnov V. A.
Protecting the environment by detailing the damages mechanism
Kutateladze D. D.
Features of ecological and legal regulation of land relations in construction
Smirnova A. V.
Ecological and legal characteristics of the concept of «green» construction
CRIMINAL LAW
Antonov V. F.
Features of the qualification of illegal activities for the repayment of overdue debts of individuals
Karimova Z. M., Karimova R. S.
Problems of crime qualification based on the objective side
Kirikova M. V.
Qualification of complex crimes using the example of violent hooliganism
Limar A. S., Mikhaylova I. A.
Legal regulation of organization of gambling zones in the Russian Federation
Manna A. A. K., Al-Musafir D. M. H.
Deprivation of liberty as a measure of policy and justice in the Islamic world
Murtazin A. I., Mazkin A. A., Godovykh A. A.
Some types of digital property crimes
Nedbailov P. A., Alexeev V. O.
Some issues of establishing a cause and effect relationship in crimes committed in the form of omission
Rakhmanova E.N.
Cybercrime in ASEAN: states’ empirical approach
Rodygin R. A.
About the criminal legal characteristics of the object of the crime provided for by art. 151.2 of the Criminal Code of the Russian Federation
Fassakhov A. M.
The qualification of crimes as a mechanism for the implementation of criminal responsibility. Principles of qualification
Zyryanova M. S.
Analysis of the application of the material approach to the qualification of fraud in the sphere of credit in the North-Western district
Nazhmetdinov A. R.
Current issues in the investigation of criminal cases involving foreign citizens
Nozdrin S. A.
The properties of the subject of crimes provided for in Article 312 of the Criminal Code of the Russian Federation
Chistyakov A. A., Madzhumaev M. M.
Criminal exploitation of third-party financial payment instruments (money mules)
CRIMINAL PROCESS
Gadzhialieva A. T.
Force majeure when deciding to suspend a preliminary investigation
Gadzhiev V. E.
Operational-search characteristics of crimes related to violation of veterinary rules in relation to livestock
Gedugoshev R. R., Chotanov T. R.
Ensuring the safety of criminal proceedings: theoretical and practical aspects
Novokshonov D. V.
Some problems of the implementation of criminal procedure policy at the pre-trial stages of criminal proceedings: instructions from the investigator to the body of inquiry as a form of interaction in the investigation of crimes
Sabiev S. Sh.
Features of criminal procedural proof in cases of crimes in the credit and financial sphere
Kholoimova A. S., Kuznetsova O. A., Vlasenko N. A.
Evidence and proof in Indian criminal procedure
Belozerova I. I., Gulova A.
Advocacy in German criminal proceedings
Mayko D. P.
Proof by a lawyer: indirectly or directly?
Stulikova N. V.
The principle of inviolability of the home: a brief comparative legal and retrospective analysis of the essential content
Yushina Yu. V., Klinchuk S. V.
Legal mechanisms for compensation of damage to victims: current challenges and prospects in the context of a special military operation
Yatsenko S. I.
Difference between tactics of judicial interrogation in criminal and civil proceedings
CRIMINAL-EXECUTIVE LAW
Maloletkina N. S., Khasnutdinov R. R.
Current issues of the activities of public organizations in relation to penitentiary probation
Nekrasov A. P.
Penitentiary characteristics of convicts sentenced to life imprisonment and some features of their detention
Nekrasov A. P.
Fundamentals of legal strategy for countering extremism and radicalism in Russia’s correctional institutions
CRIMINALISTICS
Grabovets E. E., Grinchenko S. V.
Problems of detecting and fixing shoe marks on fleecy surfaces
Dzodzieva D. S.
Forensic examination of speech objects in extremism cases: methodology, practice and development prospects
Ivanova E. S.
Samples for comparative research: concept and criterions
Kabakova E. S., Litvinov R. V., Dolgushina L. V.
The advantage of using unmanned aerial systems (UAS) in the investigation of forest fires
Kitaev N. N., Kitaeva V. N.
Problematic issues of storage and research of physical evidence in cases serial murders
Nazarkin E. V., Novikova L. V.
Features of the tactics of confrontation during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions providing isolation from society
Solovjev A. A.
Fear as an object of criminalistic scientific and subject-practical research
Tekueva Yu. A.
Features of forensic prevention of crimes committed by minors
CRIMINOLOGY
Nechevin I. D.
Prevention of drug crime among adolescents as an object of criminological research
Stupina S. A., Dolgushina L. V.
Influence of the social environment on the process of drugisation of society (on the example of Krasnoyarsk Krai)
Sysoeva E. V., Kosarev S. Yu.
Personality characteristics of women, their influence on the individualization of the execution of punishment in places of deprivation of liberty
LAW ENFORCEMENT AGENCIES
Bokov V.V., Chenchikovskiy A.D., Shatagin A.N.
Psychophysiological aspects of professionally applied physical training of employees of the Ministry of Internal Affairs
Gabdrashitova K. I., Filimonov V. A., Bobrovskiy A. V., Korelin M. N.
Planning the process of physical training classes in educational institutions of the Ministry of Internal Affairs of Russia
Gazizov A. F., Mheryan D. M., Nabiev V. V.
Formation of motivation for physical training among employees of the Ministry of Internal Affairs: impact on professional activity
Druzhinin A. Yu., Trudov I. Yu.
The use of mechanisms of influence on the emotional and volitional sphere in the activities of special police officers
Kovgan E. Yu., Kosovskiy V. B., Shcherbakov A. V., Podkovka S. V.
Current issues of interaction between staff of the PPS and minors
Kuzmichev Yu. V., Sitaliev B. Zh., Karpov A. A.
Tactical games as a method of training law enforcement officers
Kustova N.K.
Personal investigation tactics in police activities
Petrov P. S. Ogorodnikov M. A. Meshkov I. N.
Topical issues of using unmanned aerial vehicles in law enforcement
Remizova L. S.
Problems arising in the course of management activities (on the example of regional divisions of the Federal Penitentiary Service of Russia)
Serkerov S. E., Abdulmutalimova Z. M., Medzhidov Ch. M.
The law enforcement system in the context of the transformation of the political and legal organization of the modern State on the example of the Republic of Dagestan
SECURITY AND LAW
Akhtamyanov R. R., Kovalenko Yu. G., Berezovikov E. V.
Modern approaches to shooting training
Dottuev T. I.
Introducing traditional values as a means of countering the influence of extremist organizations among young people
Kislitsyna N. F.
Implementing the principle of security in transport by example of the European Union
Murtazin A. I., Kuroptev V. A., Belevskiy R. A.
Some issues of countering unmanned aircraft and aircraft by law enforcement officers
Gubacheva N. Sh., Fedosov A. V., Shvind D. P., Mikheeva A. D.
Trends in the development of labor legislation on labor protection
PEDAGOGY AND LAW
Zorina N. S.
Features of the correctional process for juvenile offenders sentenced to imprisonment
Kurochkin A. S., Milyutin R. V., Mustakimov R. M., Ivanov S. I.
Features of the methodology of teaching legal disciplines: an integrative approach to the formation of professional competencies
Melnikov A. S., Sadkov A. V., Kislykh E. A., Krapivin O. V.
On the issue of teaching basic principles of mediation (using the example of the Vladimir Law Institute of the FPS of Russia)
Nukhova Z. K., Bagirova Z. K.
Problems of the methodology of teaching law in the school course of social studies
Radchenko E. P., Zorina N. S.
Innovative methods of resocialization of juvenile convicts
Khorolskiy V. V., Khalilullin F. F., Mustakimov R. M., Pavlov I. M.
Psychological and pedagogical features of training police officers on duty for professional activity
Shanko V. V., Lapshin I. E.
Features of the development of professional competencies of police officers in the APE system
PSYCHOLOGY AND LAW
Romanovskaya I. V.
Psychological features of the prosecutor’s professional activity
Taysaeva S. B., Kravchenko V. A., Chirkunova O. I.
The influence of personal maturity of employees on the level of intra-organizational trust in a modern organization
STATE AND LAW
Kulikova Yu. A., Zhuravleva A. V., Akimenko V. F.
Features of local self-government bodies as part of a unified system of public authority in the Russian Federation on the example of a specific municipality
Marchenko D. E., Tarenkova O. A.
Protection of the value of Victory in the Great Patriotic War as a direction in Russian legislation
Pekareva V. V., Tuarmenskiy V. V.
Characteristics of digital rights: specifics and problematic definition of their content
Varlamov D. V.
Improvement of procedural and legal aspects of determining the customs value of goods
Volkov A. A.
Procedure for establishing the results of remote electronic voting
HUMAN RIGHTS
Ovchinnikova L. I.
On the issue of ways to protect the violated rights of Russian citizens
LANGUAGE AND LAW
Suleymanova Z. S., Aslanov A. M., Abdurakhmanov A. I., Musaeva A. G.
The concept of «Woman» in «quranic sociology» in the context of feminist claims to the interpretation of the Quran
ECONOMY. LAW. SOCIETY
Zvyagina A. V., Kozlova A. A.
Social advertising in working with convicts: features, forms, analysis of usage practices
Sedikh V. A., Radchenko E. P., Vdovina A. N.
Agricultural lands in the penal system of the Russian Federation: issues and solutions
Solovjeva I. A.
Conceptual bases for the formation of the creative economy ecosystem
Fedorova T. V., Shan Yuanxian
Analysis of the development and prospects of cooperation between oil and gas enterprises of China and Russia in the context of global transformations
Rzaev V. Ya.
Formation and development of domestic legislation in the field of non-cash money circulation
PHILOSOPHY. LAW. SOCIETY
Anisimova V. A., Anisimova A. M., Frolova S. V., Zotova K. V., Kareeva I. V.
About some aspects of the curator’s work in forming the value orientations of first year students
Belkin V. V.
On the issue of law in a post-capitalist society
Koryakina A. A.
The concept of «culture» in the national-civilizational aspect
Kugai A. I.
Ethical leadership in a multi-domain perspective: a research model
Kuzmenkova T. L., Demochkin A. V.
Philosophical foundations for the formation of information culture as a basis for the security of society
Lozinskiy N. N.
Socio-philosophical explication of the concept of Eurasian integration
Rubantsova T. A., Sotnikova E. V.
Formation of natural law in the philosophical tradition of antiquity
Sukhorukova N. V.
Virgin Mary symbolism in the formation of Tobolsk monasteries
Trifonova T. L., Brovkina A. A.
The concept of «Motherland» in the structure of the value consciousness of modern youth
Shakirova G. F.
The benefits of implementing the principles of solidarity in the modern world
Shcherbakova M. P., Alexandrina N. M., Parilov O. V.
Tradition – Modernity – Postmodernity: the path from sacred absolute ethics to moral nihilism
Valinskiy B. V.
Philosophical understanding of the formation of the late Modern military system: the example of France
Koshman N. A.
Philosophy of artificial intelligence in the modus of ethical safety (on the example of educational culture)
Plintsovskiy A. S.
The inclusive potential of philosophical interpretations of creativity in the retrospect of Russian thought of the XI-XIX centuries
Sinyutin A. A.
The practice of patriotism in the structure of personality development: a cultural and philosophical analysis
Smirnova K. V.
Socio-economic and communicative prerequisites for the formation of a modern information society
Tarasov A. N., Kalinina M. I., Dedova V. A.
Philosophy of culture at the present stage: promising areas of research
Shakirova G. F.
Formation of solidarity in modern Russian society on the example of the Republic of Bashkortostan
Zhang Xi
Strategies and practices of educational and teaching reform in colleges and universities driven by the integration of industry and education in the age of intelligence
Fan Jia
The spread of belief in the god of water transport in the Jiangnan region from the Ming and Qing dynasties
P. P. Kremnev:
On the issue of the date of formation and the legal nature of the Commonwealth of Independent States
Interview with Peter Petrovich Kremnev, Ph.D. in Law, professor of International law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University, member of the European Association of International Law.
INTERNATIONAL LAW
Biryukova V. P.
Application of international intellectual property norms by Swiss courts
Kudryashov V. V.
«Soft» law in international arbitration: foreign approaches
Kshevitskiy S.A.
The principle of non-refoulement in different forms of international cooperation
Mishalchenko Yu. V., Ladyka S. I.
International legal aspects of the use of conciliation in the settlement of public maritime disputes
Razumovskaya V. V.
Integration of artificial intelligence into the International Court of Arbitration
Umarov Ya. V.
Problems of responsibility in the use of systems with elements of artificial intelligence in international humanitarian law
Grushin Yu. O.
The «Good Samaritan» concept and regulation of digital platforms’ responsibilities: the experience of the USA and the EU
Maksenov I. R.
Cooperation between states on the use of nuclear energy sources in the context of the progressive development of international nuclear law
Shpakovskiy A. V.
Detention of refugees and asylum seekers in the international legal context of human rights and refugees’ rights
INTERNATIONAL PUBLIC LAW
Zaigraeva O. V., Potapova P. A.
The Russian continental shelf in the Arctic: background of the issue and prospects for expansion (part 1)
Idelbaeva G. I.
Prospects and problems of Russia’s international cooperation in the field of information security
INTERNATIONAL PRIVATE LAW
Kabantsova E. Yu., Rypalova A. A., Glinshchikova T. V.
Historical background and modern reasons for the increasing role of international trade customs in the field of cross-border trade relations
Nebieridze D. N., Glinshchikova T. V.
Basic concepts of legal liability of transnational corporations
Moskvitin Yu. M.
Party autonomy in the regulation of hereditary relations complicated by a foreign element
Lin Peiyuan
E-commerce and the transition to digital customs regulation: problems and prospects
Liu Yuan
North Africa in China’s «Belt and – road initiative»
THEORY OF STATE AND LAW
Bamatkirieva S. Kh.
Legal technology: scientific approaches to the definition of the concept
Zorina N. V.
Kant’s concept of free will as a synthesis of philosophical, theological and legal content in the doctrine of man
Sukhorukov V. A., Gladkov D. V., Mikhaylov S. N.
Rights and responsibilities of the individual under the rule of law: socio-political and cultural factors
Furman T. G.
The influence of non-traditional religious organizations on the spiritual life of Russian society
Vartanyan S. G.
Effectiveness of legal liability measures for violation (derogation) of a relative public subjective right
Vasiljeva T. D.
The structure of legal consciousness of civil servants: key elements and professional aspects
Mannanov A. A.
The role of legal awareness and legal culture in increasing the effectiveness of legal regulation
Nazarova I. V.
Peculiarities of legal regulation of medical activity in foreign countries
Ryabova I. O.
Problems of air transportation of animals in the CIS countries (theoretical and legal aspect)
Sizov G. G.
International experience of legal regulation of telemedicine: lessons for Russia
Sirotkin A. A.
Transformation of legal culture in the digital age: comparative legal analysis of Western, Eastern and Russian models
Soltani B. S.
The intersection of law and politics: a theoretical analysis of political values
Furman T. G.
Analysis of socio-political technologies in the sphere of gender interaction transformation
HISTORY OF STATE AND LAW
Gabdullina A. R.
The main stages of state-legal support of property relations in the Soviet period
Grishchenko L. L.
Theoretical and legal issues of territorial planning of military installations in the USSR (using the example of territorial military units)
Jamaludinova Z. G.
Gumbet union of rural societies
Egorov P. M.
State policy of scientific development of the Arctic in the 1970s: based on materials from the periodical press of the Arctic regions of Yakutia
Furman F. P.
Thе possibilitу of аn аltеrnаtivе bеtwееn nаrodniсism аnd еаrlу mаrxism: politiсаl аnd lеgаl аspесts
Karakov M. Yu.
Development of the institution of military duty in the Soviet period
Kokorin V. V.
The experience of M. M. Speransky in modernizing the legal order of the Russian Empire, in particular the codification of local laws
Fedotova R. R., Vildanov R. R.
Analysis of the Waqf institution in the Russian and Ottoman Empires (Mid-19th – early 20th Century): a historical and legal perspective
Furman F. P.
The doctrine of unlimited autocracy by Yuriy Krizhanich
CONSTITUTIONAL LAW
Gabibullaeva E. R.
The dialectic of the principles of equality and justice in constitutional and legal regulation
Zokhidov M. D.
Human dignity as the basis of human rights
Piventjev A. S.
Federal relations of modern Russia and their legal regulation
ADMINISTRATIVE LAW
Nikiforova E. N., Ermolina M. A.
Improving the legal framework for the digitalization of the Agro-Industrial Complex as a condition for ensuring Russia’s national security
Panfilova O. V., Volkov P. A.
Administrative activities of internal affairs bodies in transport to protect public order during public and mass events
Rudenko A. V.
Theoretical and practical aspects of improving public control (supervision) in the conditions of digital transformation
Sosnovskiy D. V.
Improvement of administrative and legal regulation mechanisms in the pharmaceutical market of Russia in the context of Eurasian integration
Burlakova E. M.
Public administration in the field of sports in the People’s Republic of China: historical and administrative-legal aspects
Ryazanov S. V.
Methodological basis for determining the value of land
MUNICIPAL LAW
Komlev E. Yu., Doshchatov A. A.
Legal regulation of the functioning of administrative districts in the Sverdlovsk region
Kryakov D. N.
International and foreign economic relations of local governments: concept and content
Farikova E. A.
Problems of legal regulation of activities of control and accounting bodies of municipalities
CIVIL LAW
Dadayan E. V., Storozheva A. N.
On the question of whether there are grounds for exempting the debtor from collecting the enforcement fee
Durasov V. V.
Institute of regulatory takings in Russia
Ivanenko V. G.
Deletion of information by law: personal data protection in the digital world
Kazankova T. N., Zhuravchak V. V., Kasimov E. R.
The essence and features of evidence in the notarial process
Kokova L. R., Lityagina A. S.
Analysis of the specifics of legal regulation of the labor of medical workers in the Russian Federation
Krivitskaya Yu. S.
The concept of family business and its role in the implementation of hereditary legal relations
Medzhidova E. V.
Acquisitive limitation as a basis for the creation of ownership rights: problems of theory and practice
Telibekova I. M.
Foreign experience of educational insurance
Khanova Z. R., Bagandov Dz. R.
Reform in property law: reality and prospects
Yastremskiy I. A.
Legal basis and legal significance of labeling of medical products entering the plastic surgery clinic in the national digital labeling system «Honest Sign»
Batanov A. A.
Institute of pre-contractual liability in Russia and some foreign countries: the history of formation and features of application
Gordyushkin I. G.
Comparative legal analysis of intergovernmental financial organizations and authorized banks of the Russian Federation: features of legal status and scope of activity
Ilyakhina A. A.
The role of the Institute of Commissioners for the protection of the rights of entrepreneurs in the implementation of legal mechanisms for the protection of the rights of business entities
Kindeev V. O.
Challenging the marriage contract of an insolvent debtor – individual entrepreneur
Lysenko N. A.
Inclusive education regulatory framework in an educational establishment
Maslov K. A.
The concept of sharing and its consolidation in Russian civil legislation
Matveev K. S.
The responsibility of medical organizations for harming the health of patients: judicial practice and trends
Melikyan A. S., Simonyan G. M.
Private law aspects in the field of education
Sergeev R. B.
A study of the strategy for managing the confidentiality of the security of digital information in the judicial archive
Svetlichny A. V.
Innovations in the legal regulation of liability of transport organizations on the transportation of passengers and luggage in direct mixed traffic
Telibekova D. B.
Borrower’s objection as an unconditional basis for refusing to convert under a convertible loan agreement
Trankalan F. I.
Features of legal regulation and organization of activities of electricity sector entities in Russia, China, and the USA
Turtogtokh N.
Amendment and regulation of the socialist and democratic civil laws of Mongolia
Khanova Z. R., Osmanov G. M.
Problems of legal regulation of virtual property in Russia and other countries
Khlapotin V. Yu.
Problematic aspects of pledge of exclusive rights as a form of intellectual property rights management
Filyakov R. A.
Suppression (prohibition) of actions (activities) that pose a threat of violation of the law
Khashagulgov I. T.
Procedural aspects of bankruptcy of individuals
Yastremskiy I. A.
The legal basis and list of documents of the supplier for medical devices – implants provided by them together with the goods to the plastic surgery clinic
Andrushchenko I. S.
Evaluation of compulsory license from the position of non-legal methodology: ethical and economic aspects
CIVIL PROCESS
Agaronyan E. A.
On defining the essence and importance of legal category «court ruling»
Wang Wei
Legal regulation of civil proceedings involving foreign persons in internet-related cases in China
Gorobiy A. O.
Сomparative analysis of types of verification of the legality of judicial acts that have entered into legal force in civil proceedings in Germany and Russia
Kotov I. A.
Institute of judicial forfeit in insolvency (bankruptcy) cases: procedural issues of realization
Pestova K. A.
The influence of information technology on the principles of civil procedure
ARBITRATION PROCEDURAL LAW
Skryabina A. K., Tretyakovich E. V.
Aspects of unfair procedural conduct of promisers during assets disposal procedures in bankruptcy cases
Orlova A. I.
Limits of the court’s procedural activity in determining the legal qualification of claims
FAMILY LAW
Dzamashvili R. R.
Actual problems of the process of dividing the property of spouses complicated by a foreign element in court proceedings on the example of Russia and Georgia
LABOUR LAW
Darbishukhumaev M. Z.
Comparative analysis of the peculiarities of consideration of labor disputes in judicial bodies in the SCO countries
Sholomova E. K., Fedosov A. V., Shvind D. P., Mikheeva A. D.
Legal regulation of trade unions’ activities in the field of labor protection
LAND LAW
Alexandrov A. A., Ermolina M. A.
The procedure for challenging the cadastral value of a land plot: legal problems and ways to overcome them
Skvortsova A. I.
Legal issues of land registration
FINANCIAL LAW
Kodzov T. N., Dikinov A. Kh.
Problems and prospects for the development of legal regulation of digital financial assets and cryptocurrency in the Russian Federation
Krasheninnikov M. A.
Development of antitrust regulation in digital markets at the present stage abstract
Unterov V. A., Khasnutdinov R. R., Nikitenkov S. A.
Financial and legal aspects of investment activities at the present stage enterprise development in the Russian Federation
Dikinov A. Kh., Kodzov T. N.
Problems and main directions of combating offenses in the sphere of digital economy
Krasheninnikov M. A.
Antitrust regulation in the context of digitalization: a comparative legal perspective
Lepina V. I.
Financial sovereignty as a component of state sovereignty
ENTREPRENEURIAL LAW
Muchinskiy D. O.
Current issues arising during the execution of a car sharing agreement
CORPORATE LAW
Umrikhin S. D.
The significance of the concept of balance of interests in corporate law
Cherkasov A. Yu.
Legal nature and actual problems of legal regulation of Production Sharing Agreements (PSA)
ECOLOGICAL LAW
Ponomarenko A. V., Abduzhalilov T. F., Smirnov V. A.
Protecting the environment by detailing the damages mechanism
Kutateladze D. D.
Features of ecological and legal regulation of land relations in construction
Smirnova A. V.
Ecological and legal characteristics of the concept of «green» construction
CRIMINAL LAW
Antonov V. F.
Features of the qualification of illegal activities for the repayment of overdue debts of individuals
Karimova Z. M., Karimova R. S.
Problems of crime qualification based on the objective side
Kirikova M. V.
Qualification of complex crimes using the example of violent hooliganism
Limar A. S., Mikhaylova I. A.
Legal regulation of organization of gambling zones in the Russian Federation
Manna A. A. K., Al-Musafir D. M. H.
Deprivation of liberty as a measure of policy and justice in the Islamic world
Murtazin A. I., Mazkin A. A., Godovykh A. A.
Some types of digital property crimes
Nedbailov P. A., Alexeev V. O.
Some issues of establishing a cause and effect relationship in crimes committed in the form of omission
Rakhmanova E.N.
Cybercrime in ASEAN: states’ empirical approach
Rodygin R. A.
About the criminal legal characteristics of the object of the crime provided for by art. 151.2 of the Criminal Code of the Russian Federation
Fassakhov A. M.
The qualification of crimes as a mechanism for the implementation of criminal responsibility. Principles of qualification
Zyryanova M. S.
Analysis of the application of the material approach to the qualification of fraud in the sphere of credit in the North-Western district
Nazhmetdinov A. R.
Current issues in the investigation of criminal cases involving foreign citizens
Nozdrin S. A.
The properties of the subject of crimes provided for in Article 312 of the Criminal Code of the Russian Federation
Chistyakov A. A., Madzhumaev M. M.
Criminal exploitation of third-party financial payment instruments (money mules)
CRIMINAL PROCESS
Gadzhialieva A. T.
Force majeure when deciding to suspend a preliminary investigation
Gadzhiev V. E.
Operational-search characteristics of crimes related to violation of veterinary rules in relation to livestock
Gedugoshev R. R., Chotanov T. R.
Ensuring the safety of criminal proceedings: theoretical and practical aspects
Novokshonov D. V.
Some problems of the implementation of criminal procedure policy at the pre-trial stages of criminal proceedings: instructions from the investigator to the body of inquiry as a form of interaction in the investigation of crimes
Sabiev S. Sh.
Features of criminal procedural proof in cases of crimes in the credit and financial sphere
Kholoimova A. S., Kuznetsova O. A., Vlasenko N. A.
Evidence and proof in Indian criminal procedure
Belozerova I. I., Gulova A.
Advocacy in German criminal proceedings
Mayko D. P.
Proof by a lawyer: indirectly or directly?
Stulikova N. V.
The principle of inviolability of the home: a brief comparative legal and retrospective analysis of the essential content
Yushina Yu. V., Klinchuk S. V.
Legal mechanisms for compensation of damage to victims: current challenges and prospects in the context of a special military operation
Yatsenko S. I.
Difference between tactics of judicial interrogation in criminal and civil proceedings
CRIMINAL-EXECUTIVE LAW
Maloletkina N. S., Khasnutdinov R. R.
Current issues of the activities of public organizations in relation to penitentiary probation
Nekrasov A. P.
Penitentiary characteristics of convicts sentenced to life imprisonment and some features of their detention
Nekrasov A. P.
Fundamentals of legal strategy for countering extremism and radicalism in Russia’s correctional institutions
CRIMINALISTICS
Grabovets E. E., Grinchenko S. V.
Problems of detecting and fixing shoe marks on fleecy surfaces
Dzodzieva D. S.
Forensic examination of speech objects in extremism cases: methodology, practice and development prospects
Ivanova E. S.
Samples for comparative research: concept and criterions
Kabakova E. S., Litvinov R. V., Dolgushina L. V.
The advantage of using unmanned aerial systems (UAS) in the investigation of forest fires
Kitaev N. N., Kitaeva V. N.
Problematic issues of storage and research of physical evidence in cases serial murders
Nazarkin E. V., Novikova L. V.
Features of the tactics of confrontation during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions providing isolation from society
Solovjev A. A.
Fear as an object of criminalistic scientific and subject-practical research
Tekueva Yu. A.
Features of forensic prevention of crimes committed by minors
CRIMINOLOGY
Nechevin I. D.
Prevention of drug crime among adolescents as an object of criminological research
Stupina S. A., Dolgushina L. V.
Influence of the social environment on the process of drugisation of society (on the example of Krasnoyarsk Krai)
Sysoeva E. V., Kosarev S. Yu.
Personality characteristics of women, their influence on the individualization of the execution of punishment in places of deprivation of liberty
LAW ENFORCEMENT AGENCIES
Bokov V.V., Chenchikovskiy A.D., Shatagin A.N.
Psychophysiological aspects of professionally applied physical training of employees of the Ministry of Internal Affairs
Gabdrashitova K. I., Filimonov V. A., Bobrovskiy A. V., Korelin M. N.
Planning the process of physical training classes in educational institutions of the Ministry of Internal Affairs of Russia
Gazizov A. F., Mheryan D. M., Nabiev V. V.
Formation of motivation for physical training among employees of the Ministry of Internal Affairs: impact on professional activity
Druzhinin A. Yu., Trudov I. Yu.
The use of mechanisms of influence on the emotional and volitional sphere in the activities of special police officers
Kovgan E. Yu., Kosovskiy V. B., Shcherbakov A. V., Podkovka S. V.
Current issues of interaction between staff of the PPS and minors
Kuzmichev Yu. V., Sitaliev B. Zh., Karpov A. A.
Tactical games as a method of training law enforcement officers
Kustova N.K.
Personal investigation tactics in police activities
Petrov P. S. Ogorodnikov M. A. Meshkov I. N.
Topical issues of using unmanned aerial vehicles in law enforcement
Remizova L. S.
Problems arising in the course of management activities (on the example of regional divisions of the Federal Penitentiary Service of Russia)
Serkerov S. E., Abdulmutalimova Z. M., Medzhidov Ch. M.
The law enforcement system in the context of the transformation of the political and legal organization of the modern State on the example of the Republic of Dagestan
SECURITY AND LAW
Akhtamyanov R. R., Kovalenko Yu. G., Berezovikov E. V.
Modern approaches to shooting training
Dottuev T. I.
Introducing traditional values as a means of countering the influence of extremist organizations among young people
Kislitsyna N. F.
Implementing the principle of security in transport by example of the European Union
Murtazin A. I., Kuroptev V. A., Belevskiy R. A.
Some issues of countering unmanned aircraft and aircraft by law enforcement officers
Gubacheva N. Sh., Fedosov A. V., Shvind D. P., Mikheeva A. D.
Trends in the development of labor legislation on labor protection
PEDAGOGY AND LAW
Zorina N. S.
Features of the correctional process for juvenile offenders sentenced to imprisonment
Kurochkin A. S., Milyutin R. V., Mustakimov R. M., Ivanov S. I.
Features of the methodology of teaching legal disciplines: an integrative approach to the formation of professional competencies
Melnikov A. S., Sadkov A. V., Kislykh E. A., Krapivin O. V.
On the issue of teaching basic principles of mediation (using the example of the Vladimir Law Institute of the FPS of Russia)
Nukhova Z. K., Bagirova Z. K.
Problems of the methodology of teaching law in the school course of social studies
Radchenko E. P., Zorina N. S.
Innovative methods of resocialization of juvenile convicts
Khorolskiy V. V., Khalilullin F. F., Mustakimov R. M., Pavlov I. M.
Psychological and pedagogical features of training police officers on duty for professional activity
Shanko V. V., Lapshin I. E.
Features of the development of professional competencies of police officers in the APE system
PSYCHOLOGY AND LAW
Romanovskaya I. V.
Psychological features of the prosecutor’s professional activity
Taysaeva S. B., Kravchenko V. A., Chirkunova O. I.
The influence of personal maturity of employees on the level of intra-organizational trust in a modern organization
STATE AND LAW
Kulikova Yu. A., Zhuravleva A. V., Akimenko V. F.
Features of local self-government bodies as part of a unified system of public authority in the Russian Federation on the example of a specific municipality
Marchenko D. E., Tarenkova O. A.
Protection of the value of Victory in the Great Patriotic War as a direction in Russian legislation
Pekareva V. V., Tuarmenskiy V. V.
Characteristics of digital rights: specifics and problematic definition of their content
Varlamov D. V.
Improvement of procedural and legal aspects of determining the customs value of goods
Volkov A. A.
Procedure for establishing the results of remote electronic voting
HUMAN RIGHTS
Ovchinnikova L. I.
On the issue of ways to protect the violated rights of Russian citizens
LANGUAGE AND LAW
Suleymanova Z. S., Aslanov A. M., Abdurakhmanov A. I., Musaeva A. G.
The concept of «Woman» in «quranic sociology» in the context of feminist claims to the interpretation of the Quran
ECONOMY. LAW. SOCIETY
Zvyagina A. V., Kozlova A. A.
Social advertising in working with convicts: features, forms, analysis of usage practices
Sedikh V. A., Radchenko E. P., Vdovina A. N.
Agricultural lands in the penal system of the Russian Federation: issues and solutions
Solovjeva I. A.
Conceptual bases for the formation of the creative economy ecosystem
Fedorova T. V., Shan Yuanxian
Analysis of the development and prospects of cooperation between oil and gas enterprises of China and Russia in the context of global transformations
Rzaev V. Ya.
Formation and development of domestic legislation in the field of non-cash money circulation
PHILOSOPHY. LAW. SOCIETY
Anisimova V. A., Anisimova A. M., Frolova S. V., Zotova K. V., Kareeva I. V.
About some aspects of the curator’s work in forming the value orientations of first year students
Belkin V. V.
On the issue of law in a post-capitalist society
Koryakina A. A.
The concept of «culture» in the national-civilizational aspect
Kugai A. I.
Ethical leadership in a multi-domain perspective: a research model
Kuzmenkova T. L., Demochkin A. V.
Philosophical foundations for the formation of information culture as a basis for the security of society
Lozinskiy N. N.
Socio-philosophical explication of the concept of Eurasian integration
Rubantsova T. A., Sotnikova E. V.
Formation of natural law in the philosophical tradition of antiquity
Sukhorukova N. V.
Virgin Mary symbolism in the formation of Tobolsk monasteries
Trifonova T. L., Brovkina A. A.
The concept of «Motherland» in the structure of the value consciousness of modern youth
Shakirova G. F.
The benefits of implementing the principles of solidarity in the modern world
Shcherbakova M. P., Alexandrina N. M., Parilov O. V.
Tradition – Modernity – Postmodernity: the path from sacred absolute ethics to moral nihilism
Valinskiy B. V.
Philosophical understanding of the formation of the late Modern military system: the example of France
Koshman N. A.
Philosophy of artificial intelligence in the modus of ethical safety (on the example of educational culture)
Plintsovskiy A. S.
The inclusive potential of philosophical interpretations of creativity in the retrospect of Russian thought of the XI-XIX centuries
Sinyutin A. A.
The practice of patriotism in the structure of personality development: a cultural and philosophical analysis
Smirnova K. V.
Socio-economic and communicative prerequisites for the formation of a modern information society
Tarasov A. N., Kalinina M. I., Dedova V. A.
Philosophy of culture at the present stage: promising areas of research
Shakirova G. F.
Formation of solidarity in modern Russian society on the example of the Republic of Bashkortostan
Zhang Xi
Strategies and practices of educational and teaching reform in colleges and universities driven by the integration of industry and education in the age of intelligence
Fan Jia
The spread of belief in the god of water transport in the Jiangnan region from the Ming and Qing dynasties
PERSONA GRATA
P. P. Kremnev:
On the issue of the date of formation and the legal nature of the Commonwealth of Independent States
Interview with Peter Petrovich Kremnev, Ph.D. in Law, professor of International law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University, member of the European Association of International Law.
INTERNATIONAL LAW
BIRYUKOVA Valeriya Pavlovna
lecturer of International and Eurasian law sub-faculty, Faculty of Law, Voronezh State University
APPLICATION OF INTERNATIONAL INTELLECTUAL PROPERTY NORMS BY SWISS COURTS
This article deals with the particularity of the application of international legal norms about intellectual property rights protection by Swiss courts. Switzerland’s recognition in 2024 as the world’s most innovative economy, as well as the large number of patent applications filed in the Confederation, indicate the highest level of trust in the protection of intellectual property rights in this country. In case of disputes over various types of intellectual property objects, specialized judicial bodies such as the Federal Administrative Court and the Federal Patent Court, as well as the Federal (Supreme) Court of Switzerland, apply the provisions of numerous international treaties that protect intellectual rights.
Keywords: Switzerland, intellectual property, free trade areas, EU, international treaties, Federal Institute of Intellectual Property, courts, patents, industrial designs, Federal Patent Court.
Bibliographic list of articles
1. Das Bundesgericht. [Electronic resource]. – Access mode: https://www.bger.ch/de/index.htm (date of access: 05.03.2025).
2. The Federal Patent Office. [Electronic resource]. – Access mode: https://www.bundespatentgericht.ch/ (date of access: 05.03.2025).
3. Federal Tribunal of Administration. [Electronic resource]. – Access mode: https://www.bvger.ch/fr (date of access: 05.03.2025).
4. The Department of Education for Social Development, Bildung und Forschung. [Electronic resource]. – Access mode: https://www.admin.ch/gov/de/start/departemente/departement-fuer-wirtschaft-bildung-forschung-wbf.html (date of access: 05.03.2025).
5. Institut Fédéral de la Propriété Intellectuelle: droit et politique. [Electronic resource]. – Access mode: https://www.ige.ch/fr/droit-et-politique (date of access: 05.03.2025).
6. Institut Fédéral de la Propriété Intellectuelle: autres titres de protection. [Electronic resource]. – Access mode: https://www.ige.ch/fr/droit-et-politique/evolutions-nationales/autres-titres-de-protection (date of access: 05.03.2025).
7. Swissinfo: Switzerland has concluded free trade agreements with Thailand and Kosovo. [Electronic resource]. – Access mode: https://www.swissinfo.ch/rus/transnational-concerns/Switzerland-has-concluded-free-trade-agreements-with-Thailand-and-Kosovo/88768907 (date of access: 05.03.2025).
8. World Intellectual Property Organization: Intellectual property is improving the lives of everyone, everywhere. [Electronic resource]. – Access mode: https://www.wipo.int/portal/en/index.html (date of access: 05.03.2025).
9. Greater Geneva Bern Area: Swiss Made, un label de renommée international. [Electronic resource]. – Access mode: https://ggba.swiss/fr/swiss-made-un-label-de-renommee-internationale/ (date of access: 05.03.2025).
INTERNATIONAL LAW
KUDRYASHOV Vladislav Vasiljevich
Ph.D. in historical sciences, associate professor, associate professor of Constitutional and civil law sub-faculty, Faculty of Law, State University of Education, Full State Counselor of the Russian Federation, 3rd Class
“SOFT” LAW IN INTERNATIONAL ARBITRATION: FOREIGN APPROACHES
International arbitration bodies widely apply various non-binding international acts, which are referred to in foreign doctrine as “soft” law, when considering disputes. At the same time, arbitrators rely on two types of “soft” law acts – those that have procedural significance and those used to resolve a dispute on the merits. The article examines the opinions of foreign scientists on such issues as the impact of the application of “soft” procedural rules in the arbitration process on the validity and effectiveness of decisions, their enforceability, the right of the parties to a fair trial, the discretionary powers of arbitrators, as well as the likelihood of transformation of the arbitration process, private in nature, through the legitimization of the application of soft law into something, very similar to the process in state courts (judicialization).
Keywords: soft law, international commercial arbitration, the IBA Rules on Evidence, the IBA Guidelines on Conflicts of Interest, the UNCITRAL Model Law, the ICC Arbitration Rules, Lex Mercatoria, UNIDROIT Principles for International Commercial Contracts.
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28. Muratova O. V. Acts of “soft” law as regulators of private law relations // Journal of legislation and comparative law. – 2015. – No. 4. – P. 627-633.
29. Matveeva T. V. On the Issue of “Soft Law” in Regulating International Private Law Relations // State and Law. – 2005. – No. 3. – P. 62-71.
30. Gaillard E. Legal Theory of International Arbitration. – Leiden: Boston, 2010.
31. Komarov A. S. Introductory Article // UNIDROIT Principles of International Commercial Contracts 2010 / Translated from English by A. S. Komarova. – Moscow, 2013.
32. Sirotkina O. V. Principles of European Contract Law and Principles of European Law // International Private Law: textbook: in 2 volumes / Responsible. ed. S. N. Lebedev, E. V. Kabatova. – V. 1: General part. – M., 2011. – P. 189.
33. Gross Balz S. M. The Challenge of an Arbitral Award on the Basis of a PRT // In ASA Special Series. – №37. – R. 127-138.
INTERNATIONAL LAW
KSHEVITSKIY Stanislav Alexandrovich
postgraduate student of International law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia, CEO at Extradition Law Firm
THE PRINCIPLE OF NON-REFOULEMENT IN DIFFERENT FORMS OF INTERNATIONAL COOPERATION
The principle of non-refoulement is the cornerstone of international refugee protection. The article examines its application and evolution in forms of international cooperation that go beyond traditional asylum mechanisms. Special attention is paid to the practice of the International Organization for Migration (IOM), as well as the legal and policy frameworks established by the New York Declaration on Refugees and Migrants of 2016, the Global Compact on Refugees of 2018 and the Global Compact on Safe, Orderly and Regulated Migration of 2018. The article analyzes the role of international consultative processes in the development of standards for the protection of migrants from forced expulsion, as well as practical aspects of their implementation. The article highlights the importance of the principle of non-refoulement as a fundamental element of international cooperation in the field of migration, refugee law and human rights protection.
Keywords: international law, non-refoulement principle, International Organization for Migration (IOM), New York Declaration 2016, Global Compact on Refugees 2018, Global Compact on Migration 2018, protection of refugees, human rights, consultative processes, forced return.
Article bibliography
1. Ivanov D. V., Aliyev D. M. International Organization for Migration: historical and legal aspects of activities // International Legal Courier. [Electronic resource]. – Access mode: https://inter-legal.ru/mezhdunarodnaya-organizatsiya-po-migratsii-istoriko-pravovye-aspekty-deyatelnosti#_ftnref23 (date of access: 27.02.2025).
2. Kiseleva E. V. The main forms of interstate cooperation in the field of migration // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. 2016. No. 3. P. 90-105.
3. Klishas A. A., Kiseleva E. V. Global Forum on Migration and Development (Port Louis, Mauritius, November 19-22, 2012) // Eurasian Law Journal. 2013. No. 4 (59). P. 43-46.
4. IOM UN Migration. [Electronic resource]. – Access mode: https://www.iom.int/who-we-are (date of access: 11.02.2025).
5. MICIC/ Guidelines for the Protection of Migrants in Countries Experiencing Conflict or Natural Disaster. [Electronic resource]. – Access mode: https://micicinitiative.iom.int/sites/g/files/tmzbdl1426/files/documents/micic_guidelines_russian_web_17_10_2016.pdf (date of access: 02.03.2025).
6. New York Declaration. [Electronic resource]. – Access mode: https://refugeesmigrants.un.org/declaration (date of access: 15.02.2025).
7. Guidelines for the Protection of Migrants in Countries Experiencing Conflict or Natural Disaster. [Electronic resource]. – Access mode: https://www.iom.int/sites/g/files/tmzbdl486/files/documents/MICIC_Guidelines_RU.pdf (date accessed: 11.02.2025).
8. Refugees were released, but they still face deportation. [Electronic resource]. – Access mode: https://www.refworld.org/ru/coi/countrynews/amnesty/2015/ru/141328?prevDestination=search&prevPath=/ru/search?keywords=World+Refugee+Survey&sort=score&order=desc&result=result-141328-ru (date accessed: 12.02.2025).
9. Ministry of Internal Affairs of the Republic of Turkey / Deportation. [Electronic resource]. – Access mode: https://ru.goc.gov.tr/%D0%B4%D0%B5%D0%BF%D0%BE%D1%80%D1%82%D0%B0%D1%86%D0%B8%D1%8F (date accessed: 26.02.2025).
10. New York Declaration for Refugees and Migrants. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N16/292/00/PDF/N1629200.pdf?OpenElement (date accessed: 26.02.2025).
11. Global Compact on Refugees UNHCR Quick Start Guide. [Electronic resource]. – Access mode: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unhcr.org/centralasia/wp-content/uploads/sites/75/2019/11/Global-Compact-on-Refugees-Quick-Guide-Rus.pdf (accessed: 15.02.2025).
12. Global Compact for Safe, Orderly and Regular Migration (GCM). [Electronic resource]. – Access mode: https://www.ohchr.org/ru/migration/global-compact-safe-orderly-and-regular-migration-gcm (accessed: 15.02.2025).
13. Global compact on refugees. [Electronic resource]. – Access mode: https://www.unhcr.org/media/global-compact-refugees-booklet (date of access: 20.02.2025).
14. GFMD. [Electronic resource]. – Access mode: https://www.iom.int/global-forum-migration-and-development-gfmd (date of access: 25.02.2025).
15. Global Forum on Migration and Development. [Electronic resource]. – Access mode: https://www.un.org/ru/development/migration/aforum.shtml (date of access: 25.02.2025).
16. OVERVIEW The Role of Inter-State Consultation Mechanisms on Migration in the Global Compact for Safe, Orderly and Regular Migration, IOM. [Electronic resource]. – Access mode: https://publications.iom.int/system/files/pdf/role_of_iscm_on_migration_ru.pdf (date accessed: 26.02.2025).
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economical sciences, professor, professor of State and international law sub-faculty, St. Petersburg State Marine Technical University
LADYKA Sergey Ivanovich
Ph.D. in Law, associate professor of International maritime law sub-faculty, St. Petersburg State Maritime Technical University
INTERNATIONAL LEGAL ASPECTS OF THE USE OF CONCILIATION IN THE SETTLEMENT OF PUBLIC MARITIME DISPUTES
The authors examine the use of reconciliation by states in the international legal regulation of disputes between states by peaceful means and the possibility of using reconciliation in resolving maritime disputes between states.
Keywords: public maritime disputes, conciliation procedure for resolving disputes, international legal documents, UN Model Conciliation Rules, 1982 UN Convention on the Sea, conciliation commissions, reconciliation.
Bibliographic list of articles
1. Burr R. N., Hussey R. D. Documents on Inter-American Cooperation. – 1881-1948. – V. 2. – Philadelphia, 1955.
2. League of nations. Treaty series. – V. 181, [Lausanne], 1937–38.
3. Handbook on the Peaceful Settlement of Disputes Between States 1992. – P. 48-49. – Merrils, 2005. – P. 67-74 @@ Hamilton. Requena, van Scheltinga. – Shifman 1999. – P. 285-295. Andrassy, 1978.
4. Kolosov Yu. M., Krivchikova E. S. Current international law. – Publishing House of the Moscow Association of International Law, 2002.
5. Lake Lanoux Arbitration (France v Spain), 1957. – 24 ILR.
6. Kirilenko V. P., Alekseev G. V. Classification of Maritime Disputes and Modern Legal Means of Their Resolution // Eurasian Integration: Economics, Law, Politics. – 2021.
7. Tamada D. The Timor Sea Concilation: The Unique Mechanism of Duspute Settelment // European Journal of International Law. – 2020. – Vol. 31. – Iss. 1.
8. Orlova E. S. Trends in the Development of Modern International Justice Bodies // Eurasian Integration: Economics, Law, Politics. – 2019.
INTERNATIONAL LAW
RAZUMOVSKAYA Vladislava Viktorovna
postgraduate student of Constitutional and international law sub-faculty, University of Management “TISBI”, Kazan
INTEGRATION OF ARTIFICIAL INTELLIGENCE INTO THE INTERNATIONAL COURT OF ARBITRATION
This article examines the impact of artificial intelligence (AI) on the activities of the International Court of Arbitration in The Hague. The objective of the study was to assess the potential of AI in automating arbitration processes, increasing their efficiency and transparency. The study aims to analyze the use of data processing and predictive analytics in arbitration, identify the ethical and legal aspects of using AI, and assess the risks associated with the implementation of such technologies. The hypothesis of the study is that the integration of AI can significantly improve the quality and speed of litigation, but requires careful legal regulation. To achieve these goals, data analysis methods were used, as wellas a theoretical and empirical study of existing practices. The results showed that the introduction of AI in arbitration can significantly improve the efficiency of the process, but requires the development of new standards to ensure ethics, transparency and data protection.
Keywords: Artificial intelligence, international arbitration, The Hague, legal practice, automation, ethics.
Bibliographic list of articles
1. Boulle L., Choudhury, B. (2018). The Role of Artificial Intelligence in International Arbitration // Journal of International Arbitration.
2. Goh Y., Tan H. (2021). Ethics and Artificial Intelligence in Law: A Comparative Perspective // International Journal of Law and Information Technology.
3. Kauffman S., Susskind R. (2020). Artificial Intelligence and the Future of Law // Harvard Law Review.
4. Reuters: Artificial Intelligence Will Separate Real News from Fake // Rambler. 2016. December 3. [Electronic resource]. – Access mode: https://news.rambler.ru/other/35476318-reuters-iskusstvennyy-intellekt-otdelitnastoyaschie-novosti-ot-lozhnyh/ (accessed: 12/16/2024).
5. Susskind R. (2019). Tomorrow’s Lawyers: An Introduction to Your Future // Oxford University Press.
6. Zeleznikow J., Hossain M. (2019). Legal Knowledge-Based Systems: The Role of AI in Legal Decision Making // Artificial Intelligence Review.
7. Artificial Intelligence as a Key Factor in the Digitalization of the Global Economy: IKS Media. 2017. February 27. [Electronic resource]. – Access mode: https://www.iksmedia.ru/news/5385191s20121.html#:~:text
8. Artificial intelligence: a dictionary for retailers // New retail. 2017. August 2. [Electronic resource]. – Access mode: https://newretail.ru/tehnologii/iskusstvennyy_intellekt_slovarik_dlya_riteylerov3336/ (date of access: 12/16/2024).
9. Proydakov E. M. Current state of artificial intelligence // Science studies studies. 2018. No. 2018. P. 144. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennoe-sostoyanie-iskusstvennogointellekta (date of access: 12/16/2024).
10. Searle J.R. Artificial Intelligence: Different Views on the Problem // In the World of Science. Scientific American. 1990. No. 3. [Electronic resource]. – Access mode: http://www.raai.org/library/books/sirl/ai.htm (date of access: 12/16/2024).
11. Solntseva O.G. Aspects of Application of Artificial Intelligence Technologies // E-Management. 2018. No. 1. P. 43-51. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aspekty-primeneniya-tehnologiy-iskusstvennogointellekta (date of access: 12/16/2024).
12. Explanatory Dictionary of Artificial Intelligence / Authors-compilers: A. N. Averkin, M. G. Gaaze-Rapoport, D. A. Pospelov. [Electronic resource]. – Access mode: http://www.raai.org/library/tolk/aivoc.html#L208 (date of access: 12/16/2024).
13. Shuravin A. P. History of Artificial Intelligence // Programming Store Knowledge Base. 2018. [Electronic resource]. – Access mode: https://wiki.programstore.ru/istoriyaiskusstvennogo-intellekta/ (access date: 12/16/2024).
INTERNATIONAL LAW
UMAROV Yaroslav Vladislavovich
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PROBLEMS OF RESPONSIBILITY IN THE USE OF SYSTEMS WITH ELEMENTS OF ARTIFICIAL INTELLIGENCE IN INTERNATIONAL HUMANITARIAN LAW
The article analyzes the key legal liability issues arising from the implementation and use of systems with artificial intelligence (AI) elements. The issues of determining the legal status of intelligent systems, distribution of liability between developers, operators and users, problems of establishing causal relationships in cases of harm are examined. Gaps and contradictions in the existing legal regulation caused by the autonomy and opacity of intelligent systems functioning are identified. Possible directions for improving legislation and forming a balanced model of liability in the context of artificial intelligence technology development are proposed.
Keywords: artificial intelligence, legal liability, autonomous systems, liability distribution, causation, risk insurance, legal personality, algorithm transparency, international harmonization.
Article bibliography
1. Shcherbacheva L. V. Legal regulation of artificial intelligence in modern law: a textbook for universities. – St. Petersburg: Lan, 2024. – 140 p.
2. Morhat P. M. Artificial intelligence: a legal view: monograph. – Moscow: Buki Vedi, 2017. – 257 p.
3. Kuteinikov D. L., Izhaev O. A., Zenin S. S., Lebedev V. A. Algorithmic transparency and accountability: legal approaches to resolving the “Black Box” problem // Lex Russica. – 2020. – No. 6 (163). – P. 146.
4. Khuzhin A.. M. On the construction of strict liability in civil law // Bulletin of the Nizhny Novgorod Law Academy. – 2016. – No. 11. – P. 72-75.
5. Richard W. Justice and reasonable care in negligence law // The American Journal of Jurisprudence. – 2002. – 143 p.
6. Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (extracts). – Moscow: NORMA-INFRA-M Publishing House, 2002.
7. European cybersecurity and privacy research center (ecpc). The AI Act – EU regulation on artificial intelligence. [Electronic resource] // Center for Cybersecurity and Privacy Research. – 2024 (from August 2nd). [Electronic resource]. – Access mode: https://ckpap.its.waw.pl/en/2024/08/02/ai-act-eu-regulation-on-artificial-intelligence/ (access date: 03.15.2025).
INTERNATIONAL LAW
GRUSHIN Yuriy Olegovich
postgraduate student of the 3rd course of Integration and European law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
THE “GOOD SAMARITAN” CONCEPT AND REGULATION OF DIGITAL PLATFORMS’ RESPONSIBILITIES: THE EXPERIENCE OF THE USA AND THE EU
This article examines the concept (principle) of the “Good Samaritan”, which protects a person from the consequences of his good faith actions in a critical situation, in relation to the activities of digital platform operators monitoring undesired content. The concept is implemented in the legislation of the United States and the EU, but in the first case it is more focused on protecting the right to freedom of speech, and in the second — on protecting users from undesired content on digital platforms. In the Russian Federation, the corresponding concept is not legally fixed, but in practice it is occasionally used by courts when setting limits on the liability of digital platforms.
Keywords: digital platform, “Good Samaritan”, social network, freedom of speech, moderation.
Bibliographic list of articles
1. Dezhurny L. I., Shuvalova E. A., Lysenko K. I. Principles of protection from legal liability of persons providing first aid to victims in international and Russian legislation // Healthcare Manager. – 2010. – No. 6. – P. 34-40.
2. Zakurdaeva A. Yu., Dezhurny L. I. Legal aspects of first aid by medical workers // Medical law: theory and practice. – 2018. – Vol. 4, No. 1 (7). – P. 25-31.
3. Katkov P. Issues of classification of Internet sites involved in the illegal use of intellectual property on the Internet. Features of liability of social networks // IP. Copyright and related rights. – 2014. – No. 9.
4. Sergeev Yu. D. Legal consequences of failure to provide medical care by persons obligated to provide it in Russia, Europe and the USA: a comparative analysis // Medical law: theory and practice. – 2017. – Vol. 3, No. 2 (6). – P. 498-514.
5. Fliter Ya. S. Implementation of freedom of speech in the digital environment // Digital Law Journal. – 2021. – No. 3 (2).
6. Berbec A. To what extent can online service providers adopt voluntary content moderation measures without losing their immunity shields? A comparative analysis of online service providers’ liabilities in the European Union and the United States // JIPITEC. – 2024. – No. 15 (1).
7. Corugă A.-M., Chelu-Prodescu, C. The implications and predicted impact of the digital services act in Romania // LESIJ. – 2023. – No. 1.
8. G’sell F. The Digital Services Act (DSA): A General Assessment // Electronic Journal – SSRN:10.2139/ssrn.4403433.
9. Kuczerawy A. The Good Samaritan that wasn’t: voluntary monitoring under the (draft) Digital Services Act, VerfBlog. [Electronic resource]. – Access mode: https://verfassungsblog.de/good-samaritan-dsa/, DOI: 10.17176/20210112-181758-0 (access date: 01/28/2025).
INTERNATIONAL LAW
MAKSENOV Igor Romanovich
postgraduate student of International law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
COOPERATION BETWEEN STATES ON THE USE OF NUCLEAR ENERGY SOURCES IN THE CONTEXT OF THE PROGRESSIVE DEVELOPMENT OF INTERNATIONAL NUCLEAR LAW
This article focuses on the issues of bilateral cooperation between states on construction and operation in the context of the progressive development of international law, in particular international energy law and international nuclear law, using the example of the Agreement between the Government of the Russian Federation and the Government of the Republic of Turkey on Cooperation in the Construction and Operation of the Akkuyu Nuclear Power Plant in the Republic of Turkey 2010. The article analyzes the provisions of the Agreement betweenthe Government of the Russian Federation and the Government of the Republic of Turkey on cooperation in the construction and operation of a nuclear power plant at the Akkuyu site in the Republic of Turkey in 2010. The article also considers the prospects for co-operation between states on the use and research of NPS for peaceful purposes, in the context of bilateral agreements on the construction and operation of NPPs. It notes the more comprehensive nature of international treaties on co-operation in the field of NPP construction and operation.
Keywords: NPP, Akkuyu, peaceful uses of nuclear energy sources, peaceful atom, international co-operation, construction and operation of NPPs.
Article bibliography
1. Zavgorodniy V.S., Ganenkov E.O. Modern problems of international legal regulation of peaceful use of atomic energy // Modern international law and scientific and technical progress. – M.: RUDN University Press, 2012. – P. 75-83.
2. Kopylov S. M. Development of international legal cooperation in the field of renewable energy sources in the context of sustainable energy and energy efficiency // Education and Law. – 2016. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-mezhdunarodno-pravovogo-sotrudnichestva-v-sfere-vozobnovlyaemyh-istochnikov-energii-v-kontekste-ustoychivoy-energetiki-i/viewer (date accessed: 03.12.2024)
3. Khabrieva T. Ya. Legal dimension of scientific progress // Journal of Russian Law. – 2009. – No. 8. – P. 15.
4. Consequences of nuclear accidents for biodiversity and ecosystem services Consequences of nuclear accidents Wehrden H. v. [and others]. Conservation Letters. – 2012. – No. 5.2. – R. 81-89.
5. Cook H. International Nuclear Law: Nuclear Safety, Emergency Response and Nuclear Liability. Asia-Pacific Disaster Management, 2013. [Electronic resource]. – Access mode: http://dx.doi.org/10.1007/978-3-642-39768-4_14 (access date: 02/27/2024).
6. Nuclear Law: The Global Debate / IAEA ed. Vienna: Springer, 2022.
INTERNATIONAL LAW
SHPAKOVSKIY Anton Vladimirovich
postgraduate student of International law, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
DETENTION OF REFUGEES AND ASYLUM SEEKERS IN THE INTERNATIONAL LEGAL CONTEXT OF HUMAN RIGHTS AND REFUGEES’ RIGHTS
The problem of forced migration is one of the urgent problems of the modern world community. The constant increase in the number of refugees generates political and economic crises in many states, which, in turn, leads to new intra- and inter-state crises and to another deterioration of international security. The international community is consolidating efforts to address this problem, but its global and multidimensional nature requires a comprehensive approach to any analysis and choice of practical solutions, otherwise some of its inherent aspects may become significant and alarming. In particular, this is currently characterized by the problem of violations of the rights of refugees and asylum-seekers encountered outside their country of origin. One common form of such violations is the detention of refugees and asylum-seekers. The increasing number of cases of violations, including systematic and mass violations, of the rights of refugees in connection with their detention around the world requires analyzing this practice in the context of international legal provision of the rights of forced migrants and human rights in general.
The research is based on the analysis of international legal documents on human rights and refugee rights, as well as relevant doctrinal sources, using the methods of formal-legal, historical-legal, comparative-legal and concrete-legal analysis.
Based on the results of the study, the conclusions are drawn that the modern international legal system of ensuring the rights of refugees and asylum seekers, which has been developed over a hundred years and is characterized by sufficient formation, is nevertheless unable to exclude numerous violations of these rights, including minimum human rights, in relation to forced migrants. At the same time, it cannot be denied that the numerous violations of the rights of forced migrants are due to the attempts of developed countries to curb the migration crisis that is threatening their economic well-being and cultural integrity. Since only a small proportion of migrants appear to be “refugees” as defined by international law, the authorities of those countries are forced to resort to measures to contain “economic” migrants.
Modernization of international legal regulations on refugees seems to be urgently needed, but their current development, characterized by a trend towards universalization of international migration law through the adoption of the Global Compact on Refugees and the Global Compact on Safe, Orderly and Regular Migration, which bring “political” and “economic” migration flows under a uniform regulation, does not seem to be aimed at solving these problems.
Thus, the search for a solution to the issue of ensuring the rights of refugees remains an urgent problem of international law, requiring the development of new approaches that go beyond the existing paradigm.
Keywords: international law, refugees, human rights, human rights of refugees, human rights violations, forced migration, detention.
Bibliographic list of articles
1. Andreytso S. Yu. On the issue of the status of refugees in international law // Law. Right. State. – 2020. – No. 2. – P. 235-243.
2. Bekyashev D. K., Ivanov D. V. International legal regulation of forced and labor migration. – M.: Prospect, 2014. – 392 p.
3. Ivanov D. V. International system of refugee protection // Moscow journal of international law. – 1998. – No. 4. – P. 141-159.
4. Ivakhnyuk I. V. Development of migration theory in the context of globalization // Century of globalization. – 2015. – No. 1. – P. 36-51.
5. Kiseleva E. V. International legal regulation of migration: a textbook for universities. – 3rd ed., corrected. and add. – M.: Yurait, 2024. – 241 p.
6. Kiseleva E. V. The main forms of interstate cooperation in the field of migration // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2016. – No. 3. – P. 90-105.
7. Kiseleva E. V., Golovanov A. S. Russia’s involuntary contribution to the international legal protection of refugees: Russian refugees of the first quarter of the 20th century // Russia’s foreign policy interests: history and modernity: collection of materials from the All-Russian scientific conference dedicated to the 100th anniversary of the outbreak of World War I, Samara, March 30, 2014 / Ed. A. N. Skvoznikov. – Samara, 2014. – P. 76-84.
8. Krapivina V. V. Results and Prospects for the Development of the 2016 Migration Deal between the EU and Turkey // Scientific and Analytical Bulletin of the Institute of Europe of the Russian Academy of Sciences. – 2022. – No. 3. – P. 21-32.
9. Kucherov M. Yu. Migration Crisis in Germany: Burden or Investment in the Future? // Vlast. – 2020. – No. 4. – P. 58-64.
10. Potemkina O. Yu. Global Compact on Migration – Success or Failure? // Scientific and Analytical Bulletin of the Institute of Europe of the Russian Academy of Sciences. – 2018. – No. 6. – P. 86-91.
11. Saradzheva O. V. Phenomenology of Population Migration // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 8. – P. 190-193.
12. Slavova N. A., Leshchenko I. I. Legal status and the concept of “refugee” in the process of formation, development and protection of human rights: modernity and prospects // Civil society in Russia and abroad. – 2020. – No. 2. – P. 19-22.
13. Khodov L. G. New wave of refugees over Europe // Horizons of the economy. – 2022. – No. 3. – P. 83-88.
14. Jiangang V. Consequences of modern migration crises for the socio-economic situation // Sociology. – 2023. – No. 1. – P. 128-136.
15. Shumilov M. M., Schmidt O. I. The Migration Crisis as a Growing Threat to European Security (2015-2023) // Management Consulting. – 2023. – No. 8. – P. 9-23.
16. Aizeki M., Boyce, G., Miller T., Nevins J., Ticktin M. Smart Borders or a Humane World? // The Immigrant Defense Project’s Surveillance, Tech & Immigration Policing Project and the Transnational Institute. – 2021.
17. Bradley M. et al. Whither the Refugees? International Organizations and «Solutions» to Displacement, 1921-1960 // Refugee Survey Quarterly. – 2022. – Vol. 41, No. 2. – Pp. 159-195.
18. Buggle J., Mayer T., Sakalli S. O., Thoenig M. The Refugee’s Dilemma: Evidence from Jewish Migration out of Nazi Germany // The Quarterly Journal of Economics. – 2023. – Vol. 138, No. 2. – Pp. 1273-1345.
19. Byrne R., Gammeltoft-Hansen T. International refugee law between scholarship and practice // International Journal of Refugee Law. – 2020. – Vol. 32, No. 2. – Pp. 181-199.
20. Campos-Delgado A. Abnormal bordering: control, punishment and deterrence in Mexico’s migrant detention centers // The British journal of criminology. – 2021. – Vol. 61, No. 2. – Pp. 476-496.
21. Costello C., Mann I. Border justice: migration and accountability for human rights violations // German Law Journal. – 2020. – Vol. 21, No. 3. – Pp. 311-334.
22. Croucher S. M. et al. Refugee Crisis in the European Union // Migration and Media in Finland: Perceptions and Depictions of Natives, Immigrants and Refugees. – 2021. – Pr. 7-24.
23. Eylemer S., Soylemez N. Policy versus praxis: Has the European Union failed to respond to the refugee crisis? // World Affairs. – 2020. – Vol. 183, No. 4. – Pp. 315-342.
24. Harley T. Refugee participation revisited: The contributions of refugees to early international refugee law and policy // Refugee Survey Quarterly. – 2021. – Vol. 40, No. 1. – Pp. 58-81.
25. Loescher G. Refugees: a very short introduction. – Oxford University Press, 2021. – 673 RUR
26. Matthews T. How the World Allowed Hitler to Proceed with the Holocaust: Tragedy at Evian // How the World Allowed Hitler to Proceed with the Holocaust. – 2021. – Pp. 1-256.
27. Melander G. The concept of the term “refugee” // Refugees in the age of total war. – Routledge, 2021. – Pp. 7-14.
28. Musch S., Heyen A. The Bermuda conference in April 1943: allied politics, Jewish organizations, and the emergence of the international migration regime // Holocaust Studies. – 2023. – Pp. 1-18.
29. Neumann K. et al. Uses and abuses of refugee histories // Refugee Journeys: Histories of Resettlement, Representation and Resistance. – ANU Press, 2021.
30. Oberman K. Refugee discrimination – the good, the bad, and the pragmatic // Journal of Applied Philosophy. – 2020. – Vol. 37, No. 5. – Pp. 695-712.
31. Smieszek M. The Conflicted Making of International Refugee Law // The Evolving Psyche of Law in Europe: The Psychology of Human Rights and Asylum Frameworks. – Cham: Springer International Publishing, 2021. – Pp. 95-123.
32. Wondreys J. The “refugee crisis” and the transformation of the far right and the political mainstream: the extreme case of the Czech Republic // East European Politics. – 2021. – Vol. 37, No. 4. – Pp. 722-746.
INTERNATIONAL PUBLIC LAW
ZAIGRAEVA Olga Vyacheslavovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty, Faculty of Law, Russian State University for the Humanities
POTAPOVA Polina Alexandrovna
magister student of Constitutional and international law sub-faculty, Faculty of Law, Russian State University for the Humanities
THE RUSSIAN CONTINENTAL SHELF IN THE ARCTIC: BACKGROUND OF THE ISSUE AND PROSPECTS FOR EXPANSION (Part 1)
The fate of the continental shelf, especially beyond the limits of national jurisdiction, is currently being discussed and decided, as a rule, without the involvement of important legal and interdisciplinary factors. The legal contribution of coastal states, in particular, Russia, to the discovery and development of the Arctic space is ignored. The concept of the Arctic space belonging to all the states of the world has actually replaced the principle of its “sectoral division”. Special legal problems for coastal States arise today in relation to the extended KSH (beyond 200 miles), their solution should be based on consideration of established national and international norms. Results: the analysis of the international legal framework, domestic and foreign doctrinal studies has shown the incompleteness of the process of clarifying the boundaries of the extended KSH. This circumstance creates conditions for the emergence of new challenges and threats from non-Arctic States. The sectoral division of the Arctic space is historically established and meets the interests of Russia. Conclusions: historically, the delimitation of the Arctic space was carried out within the framework of the sectoral principle. An analysis of the international legal framework, domestic and foreign doctrinal studies, has shown the incompleteness of the process of clarifying the boundaries of the expanded KSH, caused, among other things, by the historical rejection of the sectoral principle of delimiting the Arctic region.
Keywords: arctic space, extended continental shelf, maritime delimitation, delimitation, Arctic sector.
Article bibliography
1. Vylegzhanin A. N., Molodtsova E. S., Dudykina I. P. Foreign studies of the law applicable to the delineation and delimitation of the Arctic shelf // Moscow Journal of International Law. – 2015. – No. 3 (99). – P. 11-14.
2. Labut D. A. Legal status of the Commission on the Limits of the Continental Shelf: dis. … candidate of legal sciences. – M.: MGIMO Ministry of Internal Affairs of the Russian Federation, 2018. – 32 p.
3. Lukin V. V. “Polar possessions of the USSR” – lost illusions or a historical example of the expansion of Soviet Arctic territories” / Polar readings – 2022 // International cooperation in the Arctic and Antarctic: history and modernity: materials of the 10th scientific and practical conference with international participation (St. Petersburg, May 18-20, 2022). – M .: Paulsen, 2023. – 448 p.
4. Mordvinova T. B., Skaridov A. S., Skaridova M. A. Polar law: monograph / Ed. Doctor of Law, Candidate of Military Sciences, Professor A. S. Skaridova. – M.: Justice, 2017. – 398 p.
5. Poval L. M. International legal problems of the division of economic spaces of the Arctic // Arctic and North. – 2011. – No. 3. – P. 1-15.
6. Ana Paula Lamas Ovando “Delimitation and determination of the external margin of the continental platform much like all of 200 M. On the processes of distinction” // Anuario Mexicano de Derecho International. – 2018. – Vol. XVIII. – P. 65-104.
7. Mossop Joanna. The Continental Shelf Beyond 200 Nautical Miles: Rights and Responsibilities. – Oxford University Press, 2016. – P. 203-215.
INTERNATIONAL PUBLIC LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
PROSPECTS AND PROBLEMS OF RUSSIA’S INTERNATIONAL COOPERATION IN THE FIELD OF INFORMATION SECURITY
In the modern information age, ensuring information security is crucial for maintaining the functional stability of government institutions, business structures, and socio-economic systems in general. Despite the enormous advantages of digital technologies, their rapid development has given rise to many new threats, such as cyber attacks, theft of confidential data and misuse of information resources. In this regard, public authorities are faced with the task of developing and optimizing effective tools for protecting the information space. The Russian Federation is one of the leading countries in the international arena in the field of developing strategies and methods aimed at strengthening information security. The main vectors of this activity are the development and adaptation of the regulatory framework, the promotion of the creation and testing of domestic innovations, as well as the international promotion of initiatives aimed at setting global standards in the field of cybersecurity.
Keywords: international law, digital technologies, cyber attacks, international cooperation, problems.
Bibliographic list of articles
1. Komov S. A. International information security: world diplomacy. M., 2009. 264 p.
2. Kosov Yu. V. Features of geopolitical processes in Central Europe // Management consulting. 2009. No. 3. P. 91-97.
3. Kosov Yu. V., Plotnikov V. A. On the way to a new partnership in Eurasia // Management consulting. 2012. No. 1. P. 223-226.
INTERNATIONAL PRIVATE LAW
KABANTSOVA Elizaveta Yurjevna
student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
RYPALOVA Alina Alexandrovna
student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
HISTORICAL BACKGROUND AND MODERN REASONS FOR THE INCREASING ROLE OF INTERNATIONAL TRADE CUSTOMS IN THE FIELD OF CROSS-BORDER TRADE RELATIONS
The article is devoted to the influence of trade customs on cross-border trade relations. The author considers the question of the main historical prerequisites for such influence by analyzing the period of formation of trade customs as a source of private international law. In the course of the work, the author addresses the issue of the current state of development of trade customs, including addressing the issues of the spread of trade customs in the Russian Federation. In conclusion, the author concludes that within the framework of the current state of cross-border trade relations, trade customs acquire special importance in view of: the weakening of state regulation of foreign trade relations, as well as the general dynamic transformation of such relations.
Keywords: trade law, trade custom, cross-border relations, trade relations, private international law, international relations
Article bibliography
1. Belov V. A. Trade customs as sources of international trade law: content and application // Jurisprudence. – 2013. – No. 1 (306). – P. 58-107.
2. Majorina M. V. Network paradigm of international private law: outlining the concept // Actual problems of Russian law. – 2019. – No. 4. – P. 140-160.
3. Efimova L. G. Types of legal relations arising on the blockchain platform // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 1 (8). – P. 16-26.
4. Code of customs and rules of the terminals of OJSC Murmansk Commercial Sea Port and CJSC Agrosfera // Murmansk Commercial Sea Port. [Electronic resource]. – Access mode: http://www.portmurmansk.ru/index.phtml760. (date accessed: 11/24/2024).
5. Glinshchikova T. V. International legal regulation of factoring activities // Essays on the latest cameralistics. – 2012. – No. 2. – P. 42-44.
INTERNATIONAL PRIVATE LAW
NEBIERIDZE David Nikolaevich
student, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor of International private and business law sub-faculty, I. T. Trubilin Kuban State Agrarian University, Krasnodar
BASIC CONCEPTS OF LEGAL LIABILITY OF TRANSNATIONAL CORPORATIONS
In the article, the authors present an analysis of the current legal status of one of the most important institutions of corporate law – the liability of transnational corporations. The main approaches to determining the legal liability of transnational corporations and their compliance with the trends in the development of transnational law as a component of the global legal system are studied. The article analyzes the current state of international and national legislation in the field of liability of TNCs. Difficulties in establishing jurisdiction, contradictions in the legislation of different countries, as well as problems with law enforcement and access to justice are considered. Based on the consideration of the main problems associated with transnational corporations, the authors form proposals for overcoming them.
Keywords: transnational law, transnational corporation, subsidiary, parent company, legal liability, branch, doctrine of international private law, legislative regulation.
Article bibliography
1. Aristova E. A. Liability of transnational corporate groups: theory and practice. Moscow, 2014. Page 29.
2. Inshakova A. O. Unification of corporate regulation in the European Union and the Commonwealth of Independent States: author’s abstract. diss. … doctor of law. Moscow, 2008. Page 84.
3. Doronina N. G., Semilyutina N. G. International private law and investments: Scientific and practical research. M., 2011. Page 35 @@ Korolev A. E. Transnational corporations as subjects of international private law: author’s abstract. dis. … candidate of legal sciences. Saratov, 2001. Page 30.
4. Doronina N. G., Semilyutina N. G. International private law and investments: Scientific and practical research. M., 2011. Page 35 @@ Korolev A. E. Transnational corporations as subjects of international private law: author’s abstract. dis. … candidate of legal sciences. Saratov, 2001. Page 30.
5. Sutormin N. A. Protection of the rights of an investor in a transnational corporation: author’s abstract. dis. … candidate of legal sciences. M., 2010. P. 37-44.
INTERNATIONAL PRIVATE LAW
MOSKVITIN Yuriy Mikhaylovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PARTY AUTONOMY IN THE REGULATION OF HEREDITARY RELATIONS COMPLICATED BY A FOREIGN ELEMENT
The article analyzes the possibility of choosing the law in regulating inheritance relations complicated by a foreign element. The approaches to regulating inheritance relations are studied. The absence of a generally accepted approach, as well as the imperfection of the most commonly used ones, are stated. It is concluded that the use of party autonomy in the framework of regulating inheritance relations complicated by a foreign element is a compromise way to regulate these relations which allows minimizing the costs of more inflexible approaches. The need to limit party autonomy in matters of inheritance in general is confirmed. However, the approach that limits the number of possible legal systems to choose from is considered negatively.
Keywords: party autonomy, conflict of laws, choice of law, inheritance relations, public order.
Article bibliography
1. Bazedov Yu. Autonomy of will in regulating international relations. Towards a general course of international private law. – M .: Norma: Infra-M, 2019. – 136 p.
2. Voitovich E. P. Inheritance of a compulsory share in international private law // Inheritance law. – 2018. – No. 3. – P. 40-44.
3. Voytovich E. P. Norms of direct application in international family law // International public and private law. – 2021. – No. 3. – P. 13-16.
4. Getman-Pavlova I. V. Private international law: a textbook for universities / 6th ed., revised and enlarged. – M .: Yurait Publishing House, 2025. – 245 p.
5. Zasemkova O. F. Super-mandatory norms of private international law: concept, features, practice of application: dis. … Cand. of Law. – M., 2017. – 250 p.
6. Kanashevsky V. A. Private international law: textbook. – 4th ed. revised and enlarged. – M.: International Relations, 2019. – 1064 p.
7. Malkin O. Yu. Autonomy of will in conflict regulation of inheritance relations // Civil law. – 2006. – No. 4. – P. 27-29.
8. Movsisyan A. T. Autonomy of will in international private law // Bulletin of the Moscow Humanitarian and Economic Institute. – 2019. – No. 3. – P. 140-147.
9. Rozhkova K. O. Limitations on the autonomy of the will of the parties in choosing the applicable law in economicrelations complicated by a foreign element // Actual problems of Russian law. – 2018 – No. 6. – P. 153-161.
10. Whytock C. A. Myth of Mess-International Choice of Law in Action // NYUL Rev. – 2009. – T. 84. – P. 719-790.
INTERNATIONAL PRIVATE LAW
LIN Peiyuan
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
E-COMMERCE AND THE TRANSITION TO DIGITAL CUSTOMS REGULATION: PROBLEMS AND PROSPECTS
The relevance of the study lies in the fact that traditional methods of customs management do not fully cope with the growing load and complexity of commodity flows, which necessitates the introduction of modern digital solutions.
The research goal is to identify the main problems and prospects of the transition to digital customs regulation in the context of the development of e-commerce.
The research objectives are: analysis of the current regulatory framework governing customs clearance of goods; study of international experience in the digital transformation of customs services; identification of the main problems and obstacles to the introduction of digital technologies in customs regulation.
The methodology includes the analysis of regulatory legislation and scientific publications on the topic of the study, statistical analysis of the volume of e-commerce, a comparative analysis of the experience of countries in the field of digital customs regulation. The study also used the historiographical analysis of the scientific discourse of the topic, the formal-logical method, systematization and generalization.
Based on the results, the following conclusions were formulated: the transition to digital customs regulation in the era of e-commerce is not only a challenge, but also a significant opportunity to optimize processes and increase efficiency. However, to achieve the maximum impact, a number of key factors need to be considered, such as integration with existing systems and data security in the field of customs regulation of e-commerce.
Keywords: digital economy, customs regulation, e-commerce, national legislation, globalization.
Article bibliography
1. Ageyev N. A. Modern problems of customs regulation of digital commerce // Humanitarian vector. – 2024.- No. 1. – P. 78-92.
2. Bobrova O. G., Krutova S. A., Kozhankov A. Yu. International legal aspect of customs regulation of paperless cross-border trade // Bulletin of the Russian Customs Academy. – 2018. – No. 3. – P. 88-122.
3. Dancheeva A. A., Kazmina K. A., Cherekaev M. V. Problems and recommendations for regulating the cross-border movement of goods in the framework of e-commerce in the EAEU and Russia // Bulletin of Foreign Economic Activity of Russia. – 2021. – No. 12. – P. 99-108.
4. Kurnikov E. V. Customs administration of cross-border commodity flows of the global economy // Public and municipal administration. Scientific notes. – 2019. – No. 4. – P. 44-59.
5. Lebedev A. S. Problems of legal regulation of cross-border e-commerce in the Eurasian Economic Union // Eurasian integration: economics, law, politics. – 2020. – No. 2 (32). – P. 3-14.
6. Maslova Zh. N. International standards of electronic commerce and prospects for their implementation in the customs service of the Russian Federation // Bulletin of the Russian Customs Academy. – 2020. – No. 4. – P. 48-54.
7. Berch V. Legal regulation of e-commerce: international and national standards // Herald Series Law. – 2024. – No. 2. – P. 11-16.
8. Egerstein N. New trends in international law of customs regulation // Humanitarian studies. – 2022. – No. 1. – P. 105-111.
9. Fangyan Zheng, Yunlong Zhu. Intellectual Property Risks and Countermeasures in Cross-Border E-Commerce // International Law. – 2024. – No. 1. – P. 66-79.
10. Idam I., Patrick O., Moneme Ch., Akpa T. The Impact of Global Logistics Disruptions on Cross-border E-Commerce Performance: Evidence from Nigeria // Journal of Economics and Trade. – 2021. – No. 9 (1). – R. 15-31.
11. Official website of the World Trade Organization. Retrieved. [Electronic resource]. – Access mode: http://www.wcoomd.org/en/topics/facilitation/instrument-and-tools/frameworks-of-standards/ecommerce.aspx (access date: 02/12/2025).
12. Regulation (EU) 2016/679 Of the European Parliament And Of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF /?uri=CELEX:32016R0679 (date of access: 02.12.2025).
13. The work program on electronic commerce. Retrieved. [Electronic resource]. – Access mode: https://www.wto.org/english/tratop_e/ecom_e/ecom_work_programme_e.html (accessed on 02/14/2025).
14. Vog Yong, Dong San. Innovations in electronic settlements and the problem of customs regulation of international electronic transactions // Modern economy. – 2024. – No. 8. – P. 55-67.
INTERNATIONAL PRIVATE LAW
LIU Yuan
master’s degree (political problems of international relations and global and regional development (code 23.00.04)), of International relations sub-faculty, Faculty of International Relations, Belarusian State University
NORTH AFRICA IN CHINA’S “BELT AND – ROAD INITIATIVE”
The Belt and Road Initiative (BRI), launched by China in 2013, has significantly influenced North Africa’s economic and geopolitical landscape. As a vital corridor connecting Asia, Africa, and Europe, North Africa holds strategic importance for China’s global ambitions. This paper explores China’s investments and partnerships in North African countries, focusing on infrastructure development, trade expansion, and energy cooperation. The study also analyzes the geopolitical implications of China’s growing presence in the region, including its impact on regional stability, diplomatic relations, and competition with Western powers. Furthermore, it discusses the challenges faced by both China and North African nations in implementing BRI projects, including political risks, debt concerns, and local resistance. The paper concludes by evaluating the potential long-term consequences of this cooperation for North Africa’s economic growth and China’s influence in the region.
Keywords: “Belt and – Road Initiative”, North Africa, China, Infrastructure Development, Trade, Energy Cooperation, Geopolitics, Economic Growth, Diplomacy, Regional Stability.
Bibliographic list of articles
1. Dorraj M. The Belt and Road Initiative and China’s Expanding Ties with West Asia and North Africa. – 2023. [Electronic resource]. – Access mode: https://api.taylorfrancis.com/content/chapters/edit/download?identifierName=doi&identifierValue=10.4324/9781003048404-7&type=chapterpdf.
2. Dzekashu W. G., Anyu, J. N. China Belt and Road Initiative: Give-and-Take of Infrastructure Development in the North Africa Subregion, 2021.
3. Kamel M. S. China’s Belt and Road Initiative: Implications for the Middle East. – 2018. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/abs/10.1080/09557571.2018.1480592.
4. Ghafar A. A. China and North Africa: Between Economics, Politics and Security, 2021.
5. Van der Merwe J. The One Belt One Road Initiative: Reintegration Africa and the Middle East into China’s System of Accumulation. – 2019. [Electronic resource]. – Access mode: https://link.springer.com/chapter/10.1007/978-3-319-92201-0_8.
6. Kamel M. S. China’s Belt and Road Initiative: Implications for the Middle East. – 2018. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/abs/10.1080/09557571.2018.1480592.
7. Forough M. Intervention with Chinese Characteristics: The Belt and Road Initiative Reconfiguring (Afro-) Eurasian Geo-economics. – 2019. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/pdf/10.1080/14678802.2019.1608023.
8. Zou L. The Political Economy of China’s Belt and Road Initiative. – 2018. [Electronic resource]. – Access mode: https://www.worldscientific.com/doi/pdf/10.1142/9789813222663_0001.
9. Ghafar A. A., Jacobs A. L. China in the Mediterranean: Implications of Expanding Sino-North Africa Relations. – 2020. [Electronic resource]. – Access mode: https://www.brookings.edu/wp-content/uploads/2020/07/FP_20200720_china_mediterranean_ghafar_jacobs.pdf.
10. Yu H. China-Turkey Strategic Docking and Cooperation under the Belt and Road Initiative: Progress, Challenges and Prospects. – 2021. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/abs/10.1080/25765949.2021.1928411.
11. Zoppolato D. G., Jiang S. China-MENA Energy Cooperation under the Belt and Road Initiative: Megaprojects, Economic Planning, and a Pragmatic Approach to the ‘Green’ Transition. – 2023. [Electronic resource]. – Access mode: https://academic.oup.com/jwelb/article-abstract/16/2/143/6843288.
THEORY OF STATE AND LAW
BAMATKIRIEVA Selikhat Khasanovna
junior researcher of the Center for legal studies, Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
LEGAL TECHNOLOGY: SCIENTIFIC APPROACHES TO THE DEFINITION OF THE CONCEPT
This article discusses approaches to defining the concept of legal technology, its essence and content, as well as the relationship between legal technology and legal technique. Based on the analysis of various points of view, the author identifies the main features of legal technology and suggests its author’s definition as a systemic polystructural legal education that includes legal technology (a set of tools, as well as techniques, rules, methods, and methods of their application by authorized entities), as well as strategies and tactics for the implementation of procedural and other organizational actions in order to obtain the most effective result of legal activity in all its varieties.
Keywords: legal technology, legal technology, legal activity, law enforcement, judicial law enforcement, law enforcement technology.
Article bibliography
1. Arzamasov Yu. G. The nature of legal activity // Leningrad Law Journal. – 2007. – No. 3-9. – P. 33-52.
2. Baranov V. M. Preface // Problems of legal technology: collection of articles / Ed. V. M. Baranov. – N. Novgorod, 2000.
3. Vlasenko N. A. Legal technique as a complex system of knowledge // Doctrinal foundations of legal technique. – M.: Jurisprudence, 2010. – P. 151-166.
4. Kartashov V. N. Legal technologies: origins and individual promising areas of research in the 21st century by representatives of the Yaroslavl law school // Demidov Law Journal. – 2023. – Vol. 13, No. 1. – P. 9-17.
5. Kodan S. V. Technologies in the methodology of legal research: understanding, place, structure // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. Legal Science and Practice. – 2021. – No. 2 (54). – P. 36-41.
6. Kolesnik I. V. Classification of law enforcement technologies // Science. Thought. – 2016. – Vol. 6, No. 3. – P. 122-127.
7. Kolesnik I. V. Legal technique and legal technology in the doctrine of Soviet law // Science. Thought. – 2016. – Vol. 6, No. 3. – P. 34-44.
THEORY OF STATE AND LAW
ZORINA Natalya Vladimirovna
chairperson of the St. Petersburg Bar Association “GAVEL LEGAL” St. Petersburg Bar Association
KANT’S CONCEPT OF FREE WILL AS A SYNTHESIS OF PHILOSOPHICAL, THEOLOGICAL AND LEGAL CONTENT IN THE DOCTRINE OF MAN
Developing a new paradigm of legal thinking based on the idea of freedom, I. Kant actualizes in legal discourse the doctrine of free will, developed in ancient philosophy and in Christian patristics. Kant’s lasting merit should be considered his proof that reason cannot conceive of the possibility of a moral and/or law-abiding act without reference to the idea of absolute freedom of man, to the idea of the immortality of the soul, and ultimately to the idea of God. But at the same time, in the very interpretation of this idea, he does not go beyond the principle of subjectivism. God in Kant’s philosophy acts only as an external guarantor of morality and law. This limitation is overcome in the subsequent development of classical philosophy of law.
Keywords: Kant, freedom, free will, philosophy, theology, morality, law.
Article bibliography
1. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The relationship between the idea of absolute good and human freedom in the philosophy of law of F. M. Dostoevsky // Legal science: history and modernity. – 2021. – No. 6. – P. 176-181.
2. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The Idea of Good in the Works of F. M. Dostoevsky and its Influence on the Development of the Philosophy of Law (on the 200th Anniversary of F. M. Dostoevsky) / Introductory Remarks by Professor A. Alexandrov. Investigative Committee of the Russian Federation. – St. Petersburg: University Foundation, 2021. – 380 p.
3. Verkhovodov E. V., Salnikov V. P., Romanovskaya V. B. “Natural Law” and “Virtue” in the Works of Aristotle // Legal Science: History and Modernity. – 2015. – No. 8. – P. 201-208.
4. Denisov AM, Ismagilov IR, Maslennikov DV Hegel and Savigny: the formation of the idea of historicism in law // Legal science: history and modernity. – 2017. – No. 3. – P. 181-185.
5. Dmitrieva N. A. Russian neo-Kantianism: “Marburg” in Russia. Historical and philosophical essays. – M .: Russian Political Encyclopedia (ROSSPEN), 2007. – 512 p.
6. Goodness, trust, justice in philosophical and legal thought: antiquity and modernity: monograph / Under the general editorship of V. P. Salnikov; I. A. Ananskikh, E. V. Vinogradova, I. N. Gribov, M. Yu. Gutman, S. I. Zakhartsev, N. V. Zorina, S. V. Ignatieva, I. R. Ismagilov, R. F. Ismagilov, A. Yu. Kiyko, G. N. Krizhanovskaya, O. Yu. Lezhneva, S. G. Lysenkov, A. A. Maksimov, D. V. Maslennikov, A. I. Morozov, S. A. Novozhilov, P. A. Petrov, K. G. Prokofiev, V. P. Salnikov, M. V. Salnikov, S. P. Salnikov, O. E. Starovoitova, A. A. Utyuganov, A. G. Khabibulin. – SPb.: St. Petersburg Military Order of Zhukov Institute of the National Guard Troops, University Foundation, 2022. – 463 p.
7. Dostoevsky F. M. Complete Works in Thirty Volumes / USSR Academy of Sciences, Institute of Russian Literature (Pushkin House). – T. 24. Writer’s Diary for 1876. November-December. – L.: Science. Leningrad Branch, 1982. – 514 p.
8. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. On the Importance of the Logical Form of Philosophy for Understanding the Nature of the Absolute in Law // The World of Politics and Sociology. – 2018. – No. 2. – P. 178-187.
9. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. Logos of Law: Parmenides – Hegel – Dostoevsky. On the Speculative-Logical Foundations of the Metaphysics of Law. – 2nd edition. – M.: Norma: INFRA-M, 2024. – 447 p.
10. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. Formation of the Logos of Law in Ancient Philosophy // The World of Politics and Sociology. – 2018. – No. 3-4. – P. 164-176.
11. Zorina N. V. The Problem of Free Will as the Basis of Law in the Teachings of Thomas Hobbes // The World of Politics and Sociology. – 2018. – No. 7-8. – P. 184-191.
12. Zorina N. V., Ismagilov I. R., Prokofiev K. G. On the Role of Kant in the Development of the Methodology for Studying the Essence of Personal Freedom as the Basis of Law and Morality // Legal Science: History and Modernity. – 2019. – No. 2. – P. 174-178.
13. The Idea of Freedom. Law. Morality (Classical and Postclassical Philosophy of Law): monograph / Edited by Dr. of Law S. I. Zakhartsev; I. A. Ananskikh, I. N. Gribov, S. I. Zakhartsev, N. V. Zorina, I. R. Ismagilov, O. A. Klimenko, O. Yu. Lezhneva, S. F. Mazurin, B. V. Makov, D. V. Maslennikov, A. K. Mirzoev, P. A. Petrov, E. A. Polivko, K. G. Prokofiev, O. V. Pyleva, V. P. Salnikov, M. V. Salnikov, F. O. Chudin-Kurgan. – M.: Yurlitinform, 2020. – 288 p.
14. Ismagilov R. F., Salnikov V. P. Plato, Aristotle, Thomas Aquinas and the Idea of Justice in the Natural Law Tradition // The World of Politics and Sociology. – 2016. – No. 9. – P. 19-26.
15. Ismagilov R. F., Salnikov V. P. The Search for Empirical Foundations of Justice and Law in the Works of Thomas Hobbes, John Locke, Charles Montesquieu and Jean-Jacques Rousseau // The World of Politics and Sociology. – 2016. – No. 10. – P. 38-44.
16. History of the Philosophy of Law: monograph / Albov A. P., Baranov V. M., Idrisov Z. Sh., Maslennikov D. V., Peshkov A. I., Revnova M. B., Salnikov V. P., Salnikov M. V., Sotnikova N. N., Chegovadze L. A.; editors-in-chief: A. P. Albov, D. V. Maslennikov, V. P. Salnikov. – St. Petersburg: Law Institute, St. Petersburg University of the Ministry of Internal Affairs of Russia, 1998.
17. Kant I. Critique of Pure Reason. – Moscow: Mysl, 1994. – 591 p.
18. Kant I. Foundations of the Metaphysics of Morality. Critique of Practical Reason. Metaphysics of Morals. – St. Petersburg: Nauka, 1995. – 528 p.
19. Kuznetsov P., Salnikov V. P., Maslennikov D. V., Prokofiev K. G. Immanuel Kant on the Moral Foundations of the State and its Relationship to the Church as an “Ethical Community” (On the 300th Anniversary of the Philosopher) // Theory of State and Law. – 2024. – No. 1 (35). – P. 166-187.
20. Political and Legal Management and Threats to State Sovereignty: Monograph / Ed. by V. P. Salnikov. – 2nd ed., corrected. and add. – Moscow: INFRA-M, 2024. – 423 p.
21. Salnikov V. P., Ismagilov R. F., Maslennikov D. V., Zakhartsev S. I., Salnikov M. V. Immortality of the soul as a core idea in F. M. Dostoevsky’s teaching on law and morality // Legal science: history and modernity. – 2021. – No. 5. – P. 179-192.
22. Salnikov V. P., Maslennikov D. V., Prokofiev K. G. The meaning of the difference in the approach of I. Kant and I. G. Fichte to the task of deduction of law and morality // Legal science: history and modernity. – 2018. – No. 4. – P. 185-192.
23. Philosophical and legal knowledge: current problems. Monograph / Under the general ed. V. P. Salnikova; Ananskikh I. A., Vinogradova E. V., Vikhrov A. A., Gutman M. Yu., Zakhartsev S. I., Zorina N. V., Ignatieva S. V., Ismagilov R. F., Kiyko A. Yu., Klimenko O. A., Krizhanovskaya G. N., Lysenkov S. G., Maslennikov D. V., Mirzoev A. K., Morozov A.I., Novozhilov S.A., Petrov P.A., Prokofiev K.G., Salnikov V.P., Salnikov M.V., Salnikov S.P., Starovoitova O.E., Tretyakov I.L., Utyuganov A.A., Khabibulin A.G. – St. Petersburg: St. Petersburg Military Order of Zhukov Institute of Troops National Guard of the Russian Federation, University Foundation, 2022. – 417 p.
24. Frolova E. A. The ideal of a socio-legal state in domestic neo-Kantianism (late 19th – early 20th century) // Bulletin of Moscow University. – Series 11: Law. – 2012. – No. 1. – P. 19-28.
25. Frolova E. A. Neo-Kantian philosophy of law in Russia in the late 19th – early 20th century: monograph. – Moscow: YURKOMPANI, 2013.
THEORY OF STATE AND LAW
SUKHORUKOV Vladimir Anatoljevich
Ph.D. in pedagogical sciences, professor of Philosophy sub-faculty, Volgograd Academy of the MIA of Russia
GLADKOV Dmitriy Viktorovich
senior lecturer of Physical and fire training sub-faculty, Volgodonsk branch, Rostov Law Institute of the MIA of Russia
MIKHAYLOV Sergey Nikolaevich
Ph.D. in philosophical sciences, associate professor of Law and social and humanitariandisciplines sub-faculty, Volgograd State Agrarian University
RIGHTS AND RESPONSIBILITIES OF THE INDIVIDUAL UNDER THE RULE OF LAW: SOCIO-POLITICAL AND CULTURAL FACTORS
The purpose of this article is to examine and consider the nature of rights, responsibilities and the duty of the individual to obey the law in force. The fundamental question in this regard is to what extent citizens should be forced to obey the law, and what factors have a decisive influence on the relationship between these concepts. The paper attempts to answer the question of whether it is possible to disobey certain laws for the sake of achieving a higher ideal or protecting human rights. Theoretical and practical developments by domestic and foreign researchers are analyzed. Various options for the relationship between the rights and responsibilities of an individual are considered using practical examples of civil disobedience and the rule of law.
Keywords: human rights, rule of law, disobedience, social connections, career paths, political structure, legal culture, economic conditions.
Article bibliography
1. David R. The main legal systems of our time / Translated from French and introductory article by V. A. Tumanov. – Moscow: Progress, 1988. – 496 p.
2. Voitov A. V., Gladkov D. V. Career paths of the political elite in the context of instability of the legal society // Eurasian Law Journal. – 2020. – No. 8 (147). – P. 379-381.
3. Hayek F. A. von Law, Legislation and Liberty A new statement of the liberal principles of justice and political economy. – Vol. 1. Rules And Order. – 1973. – Reprinted by Routledge. – London, 1993, 1998. – 180 p.
4. Hayek F. A. von New studies in philosophy, politics, economics and the history of ideas / F. A. Hayek. – London, Henley: Routledge & Kegan Paul, 1978. – Reprinted by Routledge, – London, 1999. – Pp. 105-119.
5. Rawls D. Theory of Justice / John Rawls; scientific editor V. V. Tselishchev [translated from English. V. V. Tselischev with the participation of V. N. Karpovich and A. A. Shevchenko]. – Novosibirsk: Publishing house of Novosibirsk University, 1995. – 534 p.
6. Rawls D. Theory of Justice / Transl. from English. And foreword by V. V. Tselischev 3rd ed. – M .: URSS: LENAND, 2017. – 536 p.
7. Weapons of racial defeat. Kirill Novikov // Kommersant Money Magazine. – No. 33 of 08/25/2008. – P. 57. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/1014189?ysclid=m6yqd6uuks480967362 (date accessed: 02/07/2025).
8. Voitov A. V., Gulomov O. N. Truth for sociology in postmodern society // Scientific knowledge and truth: historical, philosophical, socio-economic and legal aspects. Proceedings of the International scientific and practical conference dedicated to the memory of Professor E. M. Fradlina. – Volgograd, 2020. – P. 64-68.
THEORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty, North-Western Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
THE INFLUENCE OF NON-TRADITIONAL RELIGIOUS ORGANIZATIONS ON THE SPIRITUAL LIFE OF RUSSIAN SOCIETY
The article examines the problem of the influence of non-traditional religious organizations on the spiritual life of modern Russian society. It analyzes the historical development of Russia’s religious landscape, the reasons for the popularity of non-traditional religious movements, their classification, and operational characteristics. The article examines sociological data for the period 2022-2024, reflecting the dynamics of the spread of non-traditional religious associations in various regions of the country. The main problems associated with the activities of these organizations have been identified, including the risks of manipulative influence, destructive practices, and human rights violations. Possible ways to regulate the activities of non-traditional religious organizations are proposed, taking into account the balance between freedom of religion and ensuring the security of society.
Keywords: non-traditional religious organizations, new religious movements, spiritual life, religious pluralism, religious identity, destructive cults, Russian society.
Article bibliography
1. Vasilyeva E. N. Non-traditional religious organizations: classification and research methodology // Religious studies. – 2022. – No. 2. – P. 45-58.
2. Kanterov I. Ya. New religious movements in Russia: sociological analysis. – M.: Moscow State University Publishing House, 2020. – 276 p.
3. Pchelintsev A. V. Legal regulation of the activities of non-traditional religious organizations: problems and prospects // State and Law. – 2023. – No. 5. – P. 78-92.
4.Kanterov I. Ya. Evolution of non-traditional religious organizations in post-Soviet Russia // Issues of Religious Studies. – 2021. – No. 3. – P. 112-127.
5. Smirnov M. Yu. Religious identity in modern Russian society // Sociological studies. – 2023. – No. 2. – P. 34-46.
6. Sinelina Yu. Yu., Filatov S. B. Religious situation in Russia: 2022-2024. Analytical report. – Moscow: Institute of Sociology of the Russian Academy of Sciences, 2024. – 183 p.
7. Mchedlov M. P., Elbakyan E. S. Motivation of religious choice in modern Russia: results of a sociological study // Religious Studies. – 2023. – No. 4. – P. 67-81.
THEORY OF STATE AND LAW
VARTANYAN Samvel Garikovich
postgraduate student of Theory and history of state and law sub-faculty, G. R. Derzhavin Tambov State University
EFFECTIVENESS OF LEGAL LIABILITY MEASURES FOR VIOLATION (DEROGATION) OF A RELATIVE PUBLIC SUBJECTIVE RIGHT
This paper emphasizes the importance of qualification of subjective rights and obligations in the system of public-law relations. The need to consider subjective rights arising in this area as relative rights is determined, which can be evidence of a high level of democracy of society. Problems of protection of subjective relative public rights are raised and from these positions the mechanism of administrative justice operating in the modern state is characterized. The article also discusses the development of administrative process in the Russian legal system as a form of protection of relative subjective public rights and assesses the role in this mechanism of the Code of Administrative Proceedings of the Russian Federation adopted in 2015. The key conclusion is that the relative nature of public subjective rights contributes to more effective legal protection, as it allows to specifically identify the responsible person and eliminates the declarative nature of the subjective right. This contributes to the realization of the foundations of the rule of law, in which human rights and freedoms are the highest value.
Keywords: public law, subjective right, relative right, declarativity, obliged person, administrative proceedings, democracy, defense mechanism.
Bibliographic list of articles
1. Glukhareva L. I. Subjective rights, fundamental rights, human rights: unity and differences // Bulletin of the Russian State University for the Humanities. – 2009. – No. 11. – P. 50-61.
2. Kuznetsov A. N. The right of citizens to housing and the concept of “subjective public rights” // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 7. – P. 114-119.
3. Livshits R. Z. Modern theory of law: a short essay. – Moscow: IGPAN, 1992. – 92 p.
4. Pavlova L. V. Modern concept of human rights and freedoms and its interpretation by the Universal Declaration of Human Rights of 1948 // Belarusian Journal of International Law and International Relations. – 1998. – No. 5. – P. 5-14.
5. Starilov Yu. N. Administrative justice: theory, history, prospects. – Moscow: NORMA, 2001. – 292 p.
6. Ebzeev B. S. Constitutional legal order and basic duties: historical development, legal nature and features of regulation (I) // Citizen. Elections. Power. – 2017. – No. 3. – P. 5-29.
THEORY OF STATE AND LAW
VASILJEVA Tatyana Dmitrievna
postgraduate student of Theory and history of state and law sub-faculty, Kuban State University, Krasnodar
THE STRUCTURE OF LEGAL CONSCIOUSNESS OF CIVIL SERVANTS: KEY ELEMENTS AND PROFESSIONAL ASPECTS
The article examines the legal consciousness of civil servants as a complex system that includes legal ideology, legal psychology, and their key structural elements: cognitive, evaluative, volitional, behavioral, and socio-psychological.
Special attention is paid to the dynamic nature of legal consciousness, its deformations, and the role of legal stereotypes. The study concludes the importance of legal consciousness in improving the effectiveness of law enforcement activities and the quality of public service.
Keywords: legal consciousness, legal ideology, legal psychology, civil servants, professional activity, structure of legal consciousness.
Article bibliography
1. Akimova T. I. Legal consciousness of state civil servants: theoretical and legal analysis of modern trends: dis. … Cand. of Law. – M., 2013. – 222 p.
2. Bezrodnaya O. A. On the relationship between legal stereotypes and legal attitudes in the structure of mental legal consciousness // Legal problems of strengthening the Russian statehood: collection of articles. – Tomsk: Publishing house of Tomsk State University, 2011. – P. 27-29.
3. Groshevoy Yu. M. Professional legal consciousness of a judge and socialist justice. – Kharkov, 1986. – 185 s.
4. Dobrobaba M. B. On the issue of disciplinary policy as a direction of personnel policy in the civil service system // Legal policy and legal life. – 2020. – No. 3. – P. 62-68.
5. Dobrobaba M. B. Legal consciousness of a civil servant: concept and significance for ensuring the effectiveness of disciplinary liability // Legal Bulletin of the Kuban State University. – 2021. – No. 2. – P. 58-68.
6. Kvasha A. A. Legal attitudes of citizens: author’s abstract. dis. … candidate of legal sciences. – Volgograd, 2002. – 24 p.
7. Kurlaeva E. I. Features of the professional consciousness of lawyers // Works of the Orenburg Institute of Moscow State Law Academy. – Orenburg, 2012. – 74 p.
8. Soviet Encyclopedic Dictionary / Ed. A. M. Prokhorov. – 4th ed. Moscow: Soviet Encyclopedia, 1987. – 1600 p.
9. Khapchaev S. T. Phenomenon of Legal Stereotypes // Leningrad Law Journal. – 2008. – No. 2. – P. 209-216.
10. Chefranov V. A. Legal Consciousness as a Type of Social Reflection. – Kyiv: Vishcha Shkola Publishing House, 1976. – 210 p.
11. Kaugia S. Structure of Legal Consciousness // Juridica International. – 1996. – No. 1. – P.16-20.
THEORY OF STATE AND LAW
MANNANOV Artur Albertovich
postgraduate student of Theory and history of state and law sub-faculty, University of Management “TISBI”, Kazan
THE ROLE OF LEGAL AWARENESS AND LEGAL CULTURE IN INCREASING THE EFFECTIVENESS OF LEGAL REGULATION
The effectiveness of legal regulation is a key factor in ensuring the sustainability of the social and legal order. Insufficient effectiveness of regulatory legal acts can lead to negative social consequences, including an increase in offenses, the emergence and development of social groups in society that deny the importance of law in the state, a decrease in the level of trust in government and a violation of the principles of social justice. It is worth considering that the effectiveness of legal regulation is determined not only by the quality of legislation, but also by the level of legal awareness and legal culture of society, its individual layers and elements. A high level of legal culture contributes to the formation of a stable legal order, increases the legal activity of citizens and reduces the number of offenses committed.
This article examines the influence of legal awareness and legal culture on the effectiveness of legal regulation, analyzes the main problems and suggests ways to solve them.
Keywords: efficiency of legal regulation; legal culture; legal consciousness marginal legal consciousness.
Bibliographic list of articles
1. Kerimov A. D. Problems of the General Theory of Law and State: in 3 volumes. – M.: Modern Humanitarian University, 2001. – Vol. 1. – P. 83.
2. Pal’kina K. A., Safronov V. V. Legal consciousness of a citizen as one of the types of legal consciousness // Main trends in the development of Russian legislation. – 2013. – No. 8. – P. 12-13.
3. Vengerov A. B. Theory of State and Law: textbook for law schools, 3rd ed. – M.: Jurisprudence, 2000. – 528 p.
4. Vlasenko N. A. Theory of State and Law: textbook (2nd ed., revised, supplemented and corrected). – M.: Prospect, 2011. – P. 323-329.
5. Oksamytny V. V., Tsvetikova T. V. Legal culture of the individual as the basis for the formation of a legal state and law-abiding society // Modern scientist. – 2022. – No. 6. – P. 305-311.
6. Stepanenko R. F. Problems of Russian legal consciousness in the context of the general legal theory of marginality // Scientific notes of Kazan University. – 2013. – V. 155, No. 4. – P. 46-54.
7. Stepanenko R. F. General legal theory of marginality: main approaches and goals // State and Law. – 2015. – No. 5. – P. 30-39.
8. Stepanenko R. F., Khamidullina F. I. Goal-setting in law: general legal and theoretical-methodological problems // State and Law. – 2024. – No. 10. – P. 45-54.
9. Alekseev S. S. Theory of Law. – M.: Beck, 2005. – P. 57-58.
THEORY OF STATE AND LAW
NAZAROVA Irina Vladimirovna
postgraduate student of Theory of state and law sub-faculty, Institute of Law, Ufa University of Science and Technology
PECULIARITIES OF LEGAL REGULATION OF MEDICAL ACTIVITY IN FOREIGN COUNTRIES
Regardless of the fact that all states perform the same task of organizing the protection of the health of their citizens, each individual state has developed its own unique healthcare system over the entire period of its existence. A comparative analysis of the medical law of foreign countries allows us to identify the features of the main models of organization and functioning of healthcare systems in various countries in the world and draw attention to examples of existing codification of legislation in the field of healthcare.
Keywords: legal regulation in the field of health protection, medical code, health insurance system, health system models, private system, Semashko health care model, Bismarck health care model, Beveridge health care model.
Article bibliography
1. Official website of Rosstat of Russia. [Electronic resource]. – Access mode: http://www.gks.ru/.
2. Shibalkov I. P. Evaluation of the effectiveness of the organization of the health care system: foreign experience // Bulletin of Science of Siberia. 2016. No. 1 (20). P. 66-76.
3. Golovina N. A. Information and analytical support for the implementation of state policy in the field of healthcare // Institutions and mechanisms of innovative development: world experience and Russian practice: collection of scientific articles of the 7th International scientific and practical conference. / Responsible. editor A. A. Gorokhov. South-West State University (Kursk) October 19-20, 2017. 2017. P. 285-289
4. Babajanov D. B. Civil liability of doctors under the Law of the Republic of Tajikistan “On the Protection of Public Health” and the Health Code of the Republic of Tajikistan” // Bulletin of the Tajik State University of Law, Business and Politics. 2020. No. 3 (84). P. 94-100.
5. Dauletkhanova A. A. On the state and development of legislation on public health of the Republic of Kazakhstan // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2022. No. 4 (71). P. 76-84.
6. Yakunin V. I., Roik V. D., Sulashkin S. S. Social dimension of state economic policy [Text] / textbook. M.: Publishing house “Economy”, 2007. 208 p.
THEORY OF STATE AND LAW
RYABOVA Irina Olegovna
magister student, of the Law Faculty, N. I. Lobachevsky National Research Nizhny Novgorod State University
PROBLEMS OF AIR TRANSPORTATION OF ANIMALS IN THE CIS COUNTRIES (THEORETICAL AND LEGAL ASPECT)
The article discusses the problems of legal regulation of animal air transportation in the CIS countries. The author analyzes the existing rules and requirements for the transportation of animals by air, examines the rules of baggage transportation established by several airlines of the CIS countries. Based on the results of the analysis of legislation and law enforcement practice, possible changes are proposed to improve the legal status of animals during air transportation in the CIS countries.
Keywords: airline, baggage, air transportation agreement, pets, transportation of animals, CIS countries.
Article bibliography
1. Ryabova I. O. Features of the agreement on air transportation of animals in the Russian Federation // Journal “Law and Order”. – 2023. – No. 3 (39). – pp. 25-29.
THEORY OF STATE AND LAW
SIZOV Grigoriy Grigorjevich
postgraduate student of State-legal disciplines and digital law sub-faculty, Moscow University for Industry and Finance “Synergy”
INTERNATIONAL EXPERIENCE OF LEGAL REGULATION OF TELEMEDICINE: LESSONS FOR RUSSIA
This work provides a brief overview of the international experience in legal regulation of telemedicine and identifies key lessons for Russia. In conclusion, the main recommendations for improving Russian legislation in the field of telemedicine are outlined, taking into account both international experience and the specifics of the Russian healthcare system. The work aims to contribute to the development of the legal framework for telemedicine in Russia, ensuring patient safety and stimulating innovation in healthcare.
Keywords: telemedicine, legal regulation, international experience, Russia, healthcare.
Article bibliography
1. Varyushin M. S. Legal regulation of telemedicine in Russia and the EU: two steps forward and one back // Law. – 2018. – No. 1. – P. 165-174.
2. Zoloeva Z. T. Legal basis for digital transformation in Canada // Agrarian and land law. – 2019. – No. 12 (180). – pp. 248-250.
3. Chuchvara N., Patel R., Srivastava R., Reilly C., Rao B. The growth of teledermatology: expanding to reach the underserved. – Health policy and practice. – 2020. – No. 82 (4). – P. 1025-1033.
4. Bauer J., Ringel M. Telemedicine and the Reinvention of Healthcare: The Seventh Revolution in Medicine (Healthcare Informatics Executive Management). – N.Y.: McGraw-Hill, 1999. – P. 59-74.
5. Halpren-Ruder D., Chang A., Hollander J., Shah A. Quality Assurance in Telehealth: Adherence to Evidence-Based Indicators // Telemedicine and e-Health. – 2019. – No. 25 (7). – P. 599-603.
THEORY OF STATE AND LAW
SIROTKIN AlexanderAlexeevich
postgraduate student of Fundamental jurisprudence and international rights sub-faculty, G. B. Mirzoev Russian University of Advocacy and Notariat
TRANSFORMATION OF LEGAL CULTURE IN THE DIGITAL AGE: COMPARATIVE LEGAL ANALYSIS OF WESTERN, EASTERN AND RUSSIAN MODELS
This scientific article is dedicated to the study of the transformation of legal culture in the context of digitalization of society. The author examines the fundamental changes occurring in the legal sphere under the influence of the development of information technology, artificial intelligence and other digital innovations. Particular attention is paid to the formation of new digital legal institutions and their different perception in Western, Eastern and Russian legal traditions. The author identifies key problems of the development of legal culture in the context of digitalization, including the risks of excessive technologization of legal relations, the digital divide in legal culture and new challenges in the field of human rights protection. In conclusion, a conclusion is made about the formation of a special digital legal culture that requires a harmonious combination of traditional legal values with new elements for the effective regulation of public relations in the global information society.
Keywords: legal culture, digitalization, legal consciousness, smart contracts, digital assets, information technologies, legal regulation, network society, legal traditions, digital transformation.
Article bibliography
1. Kordobovskaya K. E. Legal culture and its manifestations as a subject of scientific research // Advances in Law Studies. – 2023. – No. 1. – P. 26-30.
2. Amelin R. V., Channov S. E. The concept of integration of legal phenomena associated with the development of modern digital technologies into the Russian legal system // Legal policy and legal life. – 2022. – No. 4. – P. 15-17.
3. Sinyukov V. N. Digital law and problems of stage-by-stage transformation of the Russian legal system // Lex russica. – 2019. – No. 1 (9). – P. 9-18.
4. Khabrieva T. Ya., Chernogor N. N. Law in the conditions of digital reality // Journal of Russian law. – 2018. – No. 1 (253). – P. 52-56.
5. Zorkin V. D. Law in the digital world // Rossiyskaya Gazeta. – 2018. – No. 115 (7578).
6. Usmanova E. F. Legal culture of society in the context of digital transformation // Law and state: theory and practice. – 2022. – No. 11 (215). – P. 15-19.
7. Lovtsov D. A., Niesov V. A. Problems and principles of systemic modernization of “digital” legal proceedings // Legal informatics. – 2018. – No. 2. – P. 92-97.
8. Umnova-Konyukhova I. A. Justice in the context of digitalization: current aspects of formation and development // Social and humanitarian sciences. Domestic and foreign literature. – 2022. – No. 3. Series. 4. – State and law: Abstract journal.
9. Lyutova O. I. Digital transformation of the obligation to pay tax: stages of development of legal regulation. Bulletin of the O. E. Kutafin University (MSAL). – 2024. – No. 7. – P. 155-162.
10. Arzamasov Yu. G., Pevtsova E. A. The Role of Digitalization in the Systematization of Legal Terminology // Moscow Law Journal. – 2022. – No. 4. – P. 105-107.
11. Majorina M. V. Digital Platforms and Private International Law, or Does Cyberlaw Have a Future? // Lex Russica. – 2019. – No. 2 (147). – P. 65-69.
12. Lessig L. The Code and Other Laws of Cyberspace. – New York: Basic Books, 1999. – P. 29-32.
13. Castells M., Himanen P. Information Society and the Welfare State: The Finnish Model / Translated from English by A. Kalinina, Yu. Podorogi. – M.: Logos, 2019. – P. 19.
14. Kurbaliyya Y. Internet Governance // Publication of the DiploFoundation and the Global Knowledge Partnership in cooperation with the Internet Policy Center of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation. – 2005. – P. 108.
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18. Granat N. L. Socialist Legality in the Activities of Internal Affairs Bodies. – M., 1985. – P. 8.
19. Lessig L. Code and Other Laws of Cyberspace. – NY., 1999. – P. 18.
20. Sinyukov V. N., Sinyukova T. V. Conceptual Foundations for the Development of University and Applied Legal Education in Russia // Legal Technology. – 2009. – No. 3. – P. 10-14.
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THEORY OF STATE AND LAW
SOLTANI Bahrehmand Somayyeh
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE INTERSECTION OF LAW AND POLITICS: A THEORETICAL ANALYSIS OF POLITICAL VALUES
There is a consensus among scholars that law is a tool of politics and is used to achieve desired goals. However, there is disagreement on the specifics of this relationship. The relationship between law and politics can be analyzed in two main themes: 1. How law is influenced by the needs and pressures of the political system, and 2. How the content of law affects the political system. This article explores the political analysis of law formation, examining how law reflects political will. It also discusses how legal disputes can become political or moral issues, and how political or moral disagreements can lead to legal disputes. The article identifies a wide range of interactions between law and politics, highlighting the different ways in which law serves as a tool of politics while maintaining its autonomy.
Keywords: Legal-Political Intersection, Political Values, Judicial Decision-Making, Policy Implementation, Judicial Activism.
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7. Woods Eric Taylor, Schertzer Robert, Greenfeld Liah, Hughes Chris, & Miller-Idriss Cynthia. COVID‐19, nationalism, and the politics of crisis: A scholarly exchange // Nations and Nationalism. – 2020. – No. 26 (4). – Рp. 807-825. DOI: 10.1111/nana.12644.
8. Selznick Philip, Nonet Philippe, & Vollmer Howard M. Law, society, and industrial justice. – Russell Sage Foundation, 1969.
9. Repucci Sarah, & Slipowitz Amy. The global expansion of authoritarian rule // Freedom House. – 2022. – [Electronic resource]. – Access mode: https://freedomhouse.org/sites/default/files/2022-03/FITW_World_2022_digital_abridged_FINAL.pdf.
10. Barlow Pepita, & Thow A. M. Neoliberal discourse, actor power, and the politics of nutrition policy: A qualitative analysis of informal challenges to nutrition labeling regulations at the World Trade Organization, 2007–2019 // Social Science & Medicine. – 2021. – No. 273 (10184). – 113761. DOI: 10.1016/j.socscimed.2021.113761.
11. Maier Tolic Gabriela Maria. The status of nuclear weapons under international law // (Master’s thesis, Univerzita Karlova, Fakulta sociálních věd). – Univerzita Karlova, 2023.
12. Longo Joseph. The varying interpretations of the United States Constitution // Law and the Rule of Law. – 2021. – Accessed January 22, 2021. – [Electronic resource]. – Access mode: https://judiciallearningcenter.org/law-and-therule-of-law/.
13. Zalnieriute Monika, & Bell Felicity. Technology and the judicial role // The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Judicial Dynamics in Australia. Cambridge University Press. – 2020. – Рp. 1-21. DOI: 10.2139/ssrn.3492868.
14. Henkin Louis. International law: Politics and values. – Vol. 18. – M. Nijhoff, 2023. DOI: 10.1163/9780782329087.
15. Koulu Riikka. Human control over automation: EU policy and AI ethics // European Journal of Legal Studies. – 2020. – Vol. 12, No. 1. – Рp. 9-46. – [Electronic resource]. – Access mode: https://hdl.handle.net/1814/66992.
16. Rosenbloom David H., Kravchuk Robert S., & Clerkin Richard M. Public administration: Understanding management, politics, and law in the public sector. 9th ed. – Routledge, 2022. DOI: 10.4324/9781003198116.
17. Bitzer Lloyd F. Political rhetoric // Landmark Essays on Contemporary Rhetoric. – Routledge, 2020. – P. 22. DOI: 10.4324/9781003059226.
18. Singh Amika M., & Singh Munindar P. Norm deviation in multiagent systems: A foundation for responsible autonomy // Proceedings of the 32nd International Joint Conference on Artificial Intelligence (IJCAI). – 2023. – Vol. 32. – August.
19. Hartmann Kathryn, & Wenzelburger Georg. Uncertainty, risk, and the use of algorithms in policy decisions: A case study on criminal justice in the USA // Political Sciences. – 2021. – No. 54 (7). DOI: 10.1007/s11077-020-09414-y.
20. Vélez Marcela, Wilson Michael G., Abelson Julia, Lavis John N., & Paraje Guillermo. Understanding the role of values in health policy decision-making from the perspective of policy-makers and stakeholders: A multiple-case embedded study in Chile and Colombia // International Journal of Health Policy and Management. – 2020. – No. 9 (5). – R. 185. DOI: 10.15171/ijhpm.2019.94.
21. Amann Julia, Blasimme Alessandro, Vayena Effy, Frey Dietmar, & Precise4Q Consortium. Explainability for artificial intelligence in healthcare: A multidisciplinary perspective // BMC Medical Informatics and Decision Making. – 2020. – No. 20. – Рp. 1-9. DOI: 10.1186/s12911-020-01332-6.
22. Pineo Helen, Zimmermann Nici, & Davies Michael. Integrating health into the complex urban planning policy and decision-making context: A systems thinking analysis // Palgrave Communications. – 2020. – No. 6 (1). DOI: 10.1057/s41599-020-0398-3.
23. Walton Douglas, Macagno Fabrizio, & Sartor Giovanni. Statutory interpretation: Pragmatics and argumentation. Cambridge University Press. – 2021. DOI: 10.1017/9781108554572.
24. Webb Thomas E., & Geyer Robert. The drafters’ dance: The complexity of drafting legislation and the limitations of ‘plain language’ and ‘good law’ initiatives // Statute Law Review. – 2020. – No. 41 (2). – Рp. 129-158. DOI: 10.1093/slr/hmz008.
25. Yu Jiayi Joey, Tang Christopher S., Shen Zuo-Jun Max, & Chen Xiqun Michael. A balancing act of regulating on-demand ride services // Management Science. – 2020. – No. 66 (7). – Рp. 2975-2992. DOI: 10.1287/mnsc.2019.3351.
THEORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty, North-Western Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
ANALYSIS OF SOCIO-POLITICAL TECHNOLOGIES IN THE SPHERE OF GENDER INTERACTION TRANSFORMATION
The article examines socio-political technologies used in the process of transforming gender interactions in modern Russia. It analyzes the influence of state policy, legislative initiatives, educational programs, and media discourse on the formation of gender relations. Special attention is paid to the dynamics of changes in the sphere of gender interactions during the period 2022-2024. Based on statistical and sociological data, key trends, problems, and contradictions in the implementation of socio-political technologies are identified. The balance between traditional values and modern approaches to gender equality in Russian society is considered. Possible directions for improving socio-political technologies to ensure harmonious gender interactions are proposed, taking into account national characteristics and global trends.
Keywords: gender interactions, socio-political technologies, gender policy, traditional values, gender equality, Russian Federation.
Bibliographic list of articles
1. Aivazova S. G. Gender order in modern Russia: between traditionalism and modernization // Reforming Russia. – 2022 – No. 20. – P. 123-145.
2. Voronina O. A. Gender equality in modern Russia: between tradition and transformation // Sociological studies. – 2023. – No. 4. – P. 78-92.
3. Zdravomyslova E. A., Temkina A. A. State construction of gender in Soviet and post-Soviet society // Journal of Social Policy Research. – 2022. – Vol. 20, No. 2. – P. 211-226.
4. Pushkareva N. L., Mukhina Z. Z. Gender studies in Russia: state and prospects // Russian history. – 2023. – No. 3. – P. 189-204.
5. Chernova Zh. V. Family policy in modern Russia: gender analysis // Sociological science and social practice. – 2023. – Vol. 11, No. 3. – P. 65-82.
6. Russian society: values and everyday life. Analytical report of VTsIOM. – M., 2024. – 142 p.
7. Women and men of Russia: statistical collection. – M.: Rosstat, 2024. – 268 p.
HISTORY OF THE STATE AND LAW
GABDULLINA Aliya Rasilevna
Senior lecturer of Administrative and legal disciplines sub-facultylty, Ufa Law Institute of the MIA of Russia
THE MAIN STAGES OF STATE-LEGAL SUPPORT OF PROPERTY RELATIONS IN THE SOVIET PERIOD
Throughout its historical development, the institution of property rights has continuously attracted the attention of society and government agencies. The existing civil law regulation of this institution is the result of the centuries-old evolution of the Russian legal system. The scientific article examines property law as an element of the legal system in the Soviet state, as well as the legislation of the USSR, which enshrines the right of socialist property. The prerequisites and features of the legislative formalization of this institution at various stages of the country’s history are analyzed, which contribute to the formation of new theoretical approaches to its understanding.
Keywords: law, state, property, property relations, law.
Article bibliography
1. Decree on land. Adopted by the II All-Russian Congress of Soviets of Workers’, Soldiers’ and Peasants’ Deputies on October 27, 1917. – [Electronic resource]. – Access mode: http://www.rusempire.ru/pravovye-akty/dekret-o-zemle-1917.html.
2. Novitsky I. B. Ownership rights, commentary to Art. 52-65 of the Civil Code. – M., 1925. – P. 24.
3. Sokolov D. P. Transformation of property relations in modern Russia. Dis. … Cand. Econ. Sci. – M., 2014. – P. 11.
4. Yuryev V. M. History of the transformation of property relations in Russia: monograph: in 3 volumes. Volume 2: Birth, formation and development of new property relations in the Soviet period. – Tambov: Publishing house of TSU named after G. R. Derzhavin, 2012. – P. 322.
HISTORY OF THE STATE AND LAW
GRISHCHENKO Leonid Leonidovich
Ph.D. in Law, professor, Academy of Management of the MIA of Russia
THEORETICAL AND LEGAL ISSUES OF TERRITORIAL PLANNING OF MILITARY INSTALLATIONS IN THE USSR (USING THE EXAMPLE OF TERRITORIAL MILITARY UNITS)
The relevance of the work is related to the research topic aimed at improving the country’s defense and security. The purpose of the work is to analyze the theoretical and legal foundations of territorial planning of military facilities in the twenties of the twentieth century in Russia. The methodology consists of the method of analysis, synthesis, induction, deduction, as well as historical, legal and comparative legal.
As an example, materials on the formation and deployment of military units performing law enforcement tasks in the young Soviet republic are used. The theoretical and methodological role of political authorities in the territorial planning of that time is noted. The documents that have become the legal basis for such planning are presented and analyzed. It is concluded that in the history of the Soviet period, as well as in some foreign countries, there was experience in the territorial planning of military installations, the theoretical and methodological basis for the placement of which were decisions of party congresses, individual decrees and resolutions of military authorities.
Keywords: military facilities, legal acts, territorial planning, militia-territorial military units, GOERLO, party congress.
Article bibliography
1. Gusev S. I. The Civil War and the Red Army: a collection of military-theoretical and military-political articles (1918-1924). – M., L., 1925. – 220 p. @@ Savushkin R. A. The Development of the Soviet Armed Forces and Military Art in the Interwar Period (1921-1941). – M., 1989. – 295 p. @@ Sokolov B.V. The Red Army in the interwar period (1921 – 1941). – M., 1990. – 62 p.
2. Danilov V.D. Construction of central military administration bodies in the USSR (1921-1928): dis. …cand. ist. Sci. – M., 1971. – 257 p. @@ Rybnikov V.V. Activities of the CPSU in the international education of Soviet soldiers. 1918-1986: historical research. dis. … doc. ist. Sci. – M., 1987. – 202 p.
3. Deryabin A.I. Civil war in Russia 1917 – 1922. Red Army. – M.: 2003. – 43 p.; Danilevsky A. F. V. I. Lenin’s Struggle with the Military Opposition at the VIII Congress of the RCP(b) // VIZH. – 1961. – № 4. – P. 4, 5 @@ Danilevsky A. F. V. I. Lenin and the Question of Military Development at the VIII Congress of the RCP(b). – Moscow, 1964. – 95 p.
4. Zharkov V. V., Malakhov D. N. The Structure of the Armed Forces in the 1920s // Yaroslavl Pedagogical Bulletin. – 2014. – Vol. 1, No. 2. – P. 68-72.
5. Ivanova E. A. Development of the Zoning Program during the Civil War (1918-1921) as a Stage of Administrative-Territorial Reform of the RSFSR // Scientific Bulletin of the Belgorod State University. Ser. History. Political science. Economics. Computer science. – 2008. – No. 2, v. 6. – P. 113-116.
6. Konyukhovsky V. N. Territorial system of military construction (From the op(of the organizational activity of the party on territorial development of the Armed Forces). – M., 1961. – 88 p.
7. The CPSU in resolutions and decisions of congresses, conferences and plenary sessions of the Central Committee. – 7th ed. – M., 1953. – Part 1. – Pp. 404-405.
8. Lutovinov V. I., Koroleva M. A. Preparation of citizens for the defense of the Motherland and military service in the Soviet period of national history // Military history of Russia. Materials of the XIV international conference. Vol. 1. St. Petersburg. – 2012. – Pp. 294-304.
9. Militia-territorial development / Ed. L. Malinovsky // Military Bulletin. – M., 1927. – 260 p.
10. Rodin A. V., Lysenkov S. G. Sources of legal regulation of territorial planning of defense facilities and security of the USSR // Law and state: theory and practice. – 2023. – No. 12 (228). – P. 79-82.
11. Russian State Archives. F. 9. Op. 18. D. 23. L. 75.
12. Tenth Congress of the RCP(b). Verbatim report. – M., Gospolitizdat, 1963. – 915 p.
13. Shcherbakov Yu. V. Management of the construction of the Red Army in the early years of Soviet power: discussions in the top government leadership // Management Consulting. – 2016. – No. 8 (92). – P. 115-121.
14. IX Congress of the RCP(b): March-April 1920 / Ed. N.L. Meshcheryakov. – M.: Party Publishing House, 1934. – VII, 612 p.
15. VIII Congress of the RCP(b). March 18-23, 1919 / Ed. E. Yaroslavsky. – M.: Part. Publishing house, 1933. – 560 pp.
HISTORY OF STATE AND LAW
JAMALUDINOVA Zubaidat Gamzatovna
lecturer of Theory of state and law sub-faculty, Dagestan State University, Makhachkala
GUMBET UNION OF RURAL SOCIETIES
The article is devoted to the Gumbetov Union of Rural Communities, which was a unique territorial-ethnic structure with its own administrative-political apparatus. The article examines the features of the class structure of the union, the importance of the qadi institution and the role of rural elders in the public life of the union. The specifics of economic activity and types of property are also analyzed. Particular attention is paid to the features of the implementation of the institutions of customary law of the peoples of Dagestan. The socio-economic development of the union and its political position are shown. The article also reveals the geographical location, borders and ethnic composition.
Keywords: customary law, rural community, Dagestan, Gumbet, free society, union of rural societies.
Article bibliographic list
1. Record of the formation of the union of five villages, kept by a resident of the village of Mekhelta Suleimanov M.E. / Transl. Aitberov // RF IAE DSC RAS. – F. 1. – Op. 1. – D. 580. – L. 81.
2. Magomedova A.G. Gumbet in the 18th-19th centuries // Science and Youth. – Collection of articles by young scientists and postgraduates on humanitarian issues. Issue III. – Makhachkala, 2000. – P. 72.
3. Musaeva A. G. Some information about the union of free communities of mountainous Dagestan-Bakyulal (Gumbet) in the XIX – early XX centuries (historical and legal aspect) // Modern problems of science and education. – 2014. – P. 32.
4. Rabadanova A. U. Unions of rural societies of Dagestan in the XVIII – early XIX centuries // Humanitarian, socio-economic and social sciences. – 2014. – P. 15.
5. Saibulaev A. B. Socio-economic development and political situation of the Gumbet Union of Rural Societies: author’s abstract. dis. … cand. history. sciences: 07.00.07. – M., 2007. – 192 p.
6. Saypulaev A. B. On the history of the formation and development of the Gumbetovsky Union of Rural Communities // Science and Youth. – 2000. – P. 106.
7. Takhnaeva P. I. Argvani: the world of bygone centuries: a historical portrait of a rural community in Mountainous Dagestan. – M.: Eastern Lit., 2012. – P. 485.
8. Khapizov Sh. M. From the history of rural communities in mountainous Dagestan: the village of Tsilitl, Gumbetovsky District // Bulletin of the Dagestan Scientific Center. – 2021. – P. 17.
HISTORY OF STATE AND LAW
EGOROV Petr Mikhaylovich
Ph.D. in political sciences, scientific researcher, Institute for Humanities Research and Indigenous Studies of the North, Siberian branch of the Russian Academy of Sciences, Yakutsk
STATE POLICY OF SCIENTIFIC DEVELOPMENT OF THE ARCTIC IN THE 1970S: BASED ON MATERIALS FROM THE PERIODICAL PRESS OF THE ARCTIC REGIONS OF YAKUTIA
The article examines the coverage of the state policy of the Soviet state in the scientific study of the Arctic in the regional periodical press in the 1970s. During this period, the role of government bodies in organizing scientific activities in the Arctic regions of the 1970s was significant, and the regional periodical press, promptly reflecting the events taking place is one of the historical sources of information, obtaining additional material that allows expanding the research base. The specificsand methods of studying the periodical press of the Arctic regions of Yakutia are revealed, as well as the role and importance in the study of historical issues.
Keywords: scientific policy, scientific research, Arctic, periodical press, Yakutia.
Article bibliographic list
1. Bugaeva L. D. The Arctic myth in Soviet culture of the 1930s and its revival // Zvezda. – 2018. – No. 8. – P. 220-243.
2. Vakhtin N. B. Soviet Arctic rhetoric of the 1930s (on the example of the magazine “Soviet Arctic”) // Northern sea routes / Coll. Monograph edited by V. V. Vasilyeva and K. A. Gavrilova. – M.: New literary review. – 2023. – P. 255-301.
3. Gomktsyan M. A., Kudish A. S. Soviet experience of studying the economic potential of the Arctic and the Northern Sea Route in the 1920-1930s (based on periodicals) // Scientific almanac. – 2016. – No. 4-4 (18). – P.75-80.
4. Zhigunov A. Yu. Concept-ideologeme “Arctic”: formation and dynamics of development in the Russian media picture of the world: dis. … Cand. Philological sciences. – Omsk, 2022. – P. 260.
5. Dawn of Yana: Ust-Yana ulus newspaper 1972-1977
6. Kolymskaya Pravda: newspaper of the Nizhnekolymsky ulus of the Republic of Sakha (Yakutia) 1972-1977
7. Kryukova O. S. Stereotypes of perception of the Arctic in Russia: literature and art, modern media // Bulletin of the Institute of World Civilizations. – 2020. – T. 11, No. 1 (26). – P. 21-24.
8. Mayak Arktiki: informational, socio-political newspaper 1972-1977.
9. Filin P. A. The image of the Arctic in Soviet science fiction Polar readings – 2021 // Artistic development of the Arctic: polar regions in culture, art and philosophy. – M .: Paulsen, 2022. – P. 385-403.
10. Yakutia: republican socio-political newspaper 1972-1977.
HISTORY OF THE STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
THE POSSIBILITY OF AN ALTERNATIVE BETWEEN NARODNICISM AND EARLY MARXISM: POLITICAL AND LEGAL ASPESTS
This article presentation is a comparative analysis of political and legal concepts of Narodniсism and Earth Marxism in Russia in the second half of the XIX century. Based on the study of program documents and theoretical works, the key differences in approaches to the state-legal system and socio-political transformations are identified. The analysis demonstrates significant divergences between the Narodnik and Marxist ideas about the role of the state, property rights and mechanisms of social transformation. The article reveals alternative way of development of the Russian revolutionary movement through the prism of legal doсtrines of Narodnikism and Marxism. The points of contact and fundamen-tal conflicts between these currents occur in the issues of political and legal reform of society.
Keywords: Narodniсhеstvo, Marxism, political and legal doctrine, revolutionary movement, state structure, legal idealogy, social transformations.
Bibliographic list of articles
1. Aksyonov G. P. Populism as a socio-political phenomenon in Russia in the 19th century. – Moscow: Academicheskiy proekt, 2021. – 286 p.
2. Volobuev O. V. Political doctrines of Russian Marxism: historical analysis. – St. Petersburg: Lan, 2022. – 312 p.
3. On political parties: Federal Law No. 95-FZ [adopted by the State Duma on July 11, 2001: approved by the Federation Council on July 20, 2001]. [Electronic resource]. – Access mode: http://www.сonsultаnt.ru/doсumеnt/сons_doс_LАW_32459/ (date of access: 06.03.2025).
4. On freedom of conscience, freedom of religion and religious associations: Federal Law No. 125-FZ [adopted by the State Duma on September 19, 1997: approved by the Federation Council on September 24, 1997]. [Electronic resource]. – Access mode: http://www.сonsultаnt.ru/doсumеnt/сons_doс_LАW_16218/ (date of access: 06.03.2025).
5. On public associations: Federal Law No. 82-FZ [adopted by the State Duma on April 14, 1995]. [Electronic resource]. – Access mode: http://www.сonsultаnt.ru/doсumеnt/сons_doс_LАW_6693/ (date of access: 06.03.2025).
6. Russian State Archive of Socio-Political History (RGASPI): official website. – Moscow. [Electronic resource]. – Access mode: http://rgаspi.info/ (date of access: 06.03.2025).
7. Center for Socio-Political History: official website. – Moscow. [Electronic resource]. – Access mode: http://filiаl.shpl.ru/ru/аbout/tspi (date of access: 06.03.2025).
HISTORY OF THE STATE AND LAW
KARAKOV Maxim Yakovlevich
postgraduate student of the 3rd course, Pyatigorsk State University
DEVELOPMENT OF THE INSTITUTION OF MILITARY DUTY IN THE SOVIET PERIOD
The article explores the evolution of military duty in Russia from the early Soviet period to post-Soviet transformations. The author analyzes legal acts, showing how changes in legislation reflected influence and social shifts in the state. It is shown that the abolition of convention in 1918 was replaced by its gradual restoration, taking into account class differentiation, and then the transition to universal military duty in the 1930s. Special attention is paid to the constitutional reforms of 1936, 1977 and 1992, which consistently changed the mental content of this institution – from ‘sacred duty’ to the ‘socialist Fatherland’ to de-ideologized formulations in the post-Soviet period. Based on the analysis of legislative sources the conclusion is made about the interrelation of legal norms, state ideology and historical context in the formation of citizens’ duties to protect the state.
Keywords: military duty, military legislation, professionalization of the army, man and the state, rights and duties.
Article bibliography
1. Ebzeev B. S. Constitutional foundations of the legal status of the individual in Russia. – M.: Norma, 2005. – 560 p. – [Electronic resource]. – Access mode: https://www.litres.ru/book/b-s-ebzeev/konstitucionnye-osnovy-pravovogo-statusa-lichnosti-v-rossii-12345678/ (date of access: 20.10.2024).
2. Decree of the All-Russian Central Executive Committee “On compulsory training in military art” of April 22, 1918 // Collection of laws and orders of the workers’ and peasants’ government. – 1918. – No. 33. – Art. 432. – [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/DEKRET/18-04-22.htm (date accessed: 20.10.2024).
3. Decree of the Council of People’s Commissars of the RSFSR “On compulsory recruitment into the Red Army” of May 29, 1918 // Collection of laws and orders of the workers’ and peasants’ government. – 1918. – No. 41. – Art. 518. – [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/DEKRET/18-05-29.htm (date accessed: 20.10.2024).
4. Decree of the Council of People’s Commissars of the RSFSR “On the registration of citizens aged 18-40 years fit for military service” of July 29, 1918 // Collection of laws and orders of the workers’ and peasants’ government. – 1918. – No. 54. – Art. 597. – [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/DEKRET/18-07-29.htm (date accessed: 20.10.2024).
5. Constitution (Basic Law) of the Russian Socialist Federative Soviet Republic: adopted by the V All-Russian Congress of Soviets on July 10, 1918 // Collection of laws and regulations of the workers’ and peasants’ government. – 1918. – No. 51. – Art. 582.
6. Constitution (Basic Law) of the Russian Socialist Federative Soviet Republic: approved by the resolution of the XII All-Russian Congress of Soviets of May 11, 1925 // Collection of laws and regulations of the workers’ and peasants’ government. – 1925. – No. 30. – Art. 218.
7. Decree of the All-Russian Central Executive Committee and the Council of People’s Commissars of the RSFSR “On Compulsory Military Service for All Male Citizens” of September 28, 1922 // Collection of Laws and Orders of the Workers’ and Peasants’ Government. – 1922. – No. 65. – Art. 844.
8. Law of the USSR “On Compulsory Military Service” of September 18, 1925 // Collection of Laws and Orders of the Workers’ and Peasants’ Government of the USSR. – 1925. – No. 62. – Art. 463.
HISTORY OF STATE AND LAW
KOKORIN Valeriy Yurjevich
senior lecturer of Civil and labor law sub-faculty, North-West Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
THE EXPERIENCE OF M. M. SPERANSKY IN MODERNIZING THE LEGAL ORDER OF THE RUSSIAN EMPIRE, IN PARTICULAR THE CODIFICATION OF LOCAL LAWS
The article is devoted to the issues of codification of the legislation of the Russian Empire in the first half of the 19th century. The paper examines the theoretical and methodological foundations of the systematization of legal norms, analyzes the activities of M. M. Speransky in the context of the formation of a unified legal space, and evaluates the impact of his reforms on the development of the legal system of the state.
It is important that Speransky took into account the historical traditions of the regions using the example of the Ostsee provinces. In the Ostsee provinces, a special civil law based on German legal customs was preserved. Norms were developed for the western territories, taking into account Polish-Lithuanian legislation.
It is noted that M.M. Speransky developed a system for coordinating imperial and local legislation, integrated the law of the Baltic provinces into the general structure of Russian law, while preservingthe specific features of local legislation in the areas of civil and procedural law.
The Ostsee Code of laws is characterized as a model for taking into account regional legal traditions.
Keywords: code codification of legislation, legal system, modernization of law, systematization of legal norms, reforms of the 19th century, law enforcement practice, local legislation, German legal customs, Polish-Lithuanian legislation.
Article bibliography
1. Andreeva M. V. At the origins of the codification works of M. M. Speransky // News of higher educational institutions. Jurisprudence. – 1983. – No. 1. – P. 66-73.
2. Arkhipov I. On the history of the Punishment Code of 1845 // News of higher educational institutions. Jurisprudence. – 1990. – No. 6. – P. 32-37.
3. Belozerov B. P. M. M. Speransky and his role in the formation of Russian legislation of the first half of the 19th century // Sociology and Law. – 2013. – No. 2 (19). – P. 55-67.
4. Vorodyukhin S. E., Bespalova A. O. Stages of formation of the legislative system in Russia: historical and legal aspect // State and Law: Problems and Prospects for Improvement: collection of scientific articles. – 2020. – P. 75-81.
5. Kassikhina V. E. M. M. Speransky, his role in the development and formation of the Russian state and law // State and Law in the 21st Century. – 2017. – No. 2. – P. 4-13.
6. Kondratenko V. O. Codification of M. M. Speransky // Actual problems of law, economics and management. – 2021. – P. 87–90.
7. Romash E. N., Tomina E. F. M. M. Speransky and his contribution to the modernization of Russian law // Social and humanitarian innovations: strategies of fundamental and applied scientific research: collection of scientific articles. – 2022. – P. 138-142.
8. Sidorchuk M. V. On the systematization of legislation in Russia (1826-1832) // News of higher educational institutions. Jurisprudence. – 1990. – No. 6. – P. 26-32.
9. Stoika M. M. Development of theoretical and legal foundations for the systematization of military legislation // Journal of Legal and Economic Research. – 2011. – No. 1. – P. 121-128.
10. Shatkovskaya T. V. Codification technique of M. M. Speransky: reform or compilation // Journal of Russian Law. – 2022. – V. 26, No. 5. – P. 19-30.
HISTORY OF THE STATE AND LAW
FEDOTOVA Rinna Rustamovna
master student of International relations, history and oriental studies sub-faculty, Ufa State Petroleum Technological University
VILDANOV Ruslan Raisovich
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty, Ufa State Petroleum Technological University
ANALYSIS OF THE WAQF INSTITUTION IN THE RUSSIAN AND OTTOMAN EMPIRES (MID-19TH – EARLY 20TH CENTURY): A HISTORICAL AND LEGAL PERSPECTIVE
This article presents a comparative analysis of the institution of waqf in the Russian and Ottoman Empires in the mid-19th to early 20th centuries. A waqf (waqf) is a form of donated property transferred for religious or charitable purposes, managed in accordance with Islamic law and the conditions established by the donor. Based on archival documents, regulatory acts, and studies by domestic and foreign historians, key aspects of the formation, functioning, and transformation of waqf property during this period are examined.
Special attention is given to the legal mechanisms for regulating waqfs, their degree of autonomy, and state control and intervention. In the Ottoman Empire, waqfs traditionally remained a crucial element of the socio-economic system, regulated by Sharia law and Ottoman legislation, which ensured their stability. In contrast, in the Russian Empire, the waqfs were under strict administrative control, and legislative reforms of the second half of the 19th century contributed to their gradual secularization and the weakening of Muslim religious institutions.
Through comparative analysis, similarities and differences in waqf management, financing, and their role in the social structures of both states have been identified. The study concludes that despite political and legal restrictions, waqfs continued to perform important functions in Muslim communities, ensuring their economic and cultural identity.
Keywords: waqfs, Russian Empire, Ottoman Empire, Islamic law, state control, charity.
Article bibliography
1. Azamatov D. D. From the history of Muslim charity. Waqfs in the territory of the European part of Russia and Siberia in the late 19th – early 20th centuries. – Ufa, 2000.
2. Azamatova G. B., Azamatov D. D. From the history of Muslim charity in the Ufa province // Problems of Oriental Studies. – 2009. – No. 3 (45). – P. 43-52.
3. Zagidullin I.K. Waqfs in the imperial legal space // Islam and charity: materials of the All-Russian seminar, January 1-31, 2005. – Kazan:Institute of History named after Shigabutdin Marjani of the Academy of Sciences of the Republic of Tatarstan, 2005. – P. 44-102.
4. Zagidullin I.K. Activities of the Orenburg Mohammedan Spiritual Assembly on reforming the management of Muslim spiritual affairs in the late 19th – early 20th centuries // From the history and culture of the peoples of the Middle Volga region: collection. – 2014. – No. 4. – P. 83-121.
5. Ismailova S.A. Formation and development of the institute of charity in Turkey // Bulletin of Science and Practice. – 2017. – No. 1 (14). – P. 254-257.
6. Konkin D. V. Waqf land ownership in the context of the activities of the first land management commissions in Crimea (1796-1810) // Materials on the archeology, history and ethnography of Taurida. – 2008. – No. 14. – P. 491-512.
7. Konkin D. V. Private waqf lands on the territory of Eastern Crimea: history of the institution and location on the ground (based on the materials of the 19th century statements) // Bosporan studies. – 2023. – No. 46. – P. 228-254.
8. Kononenko E. I. The factor of Islamic charity in Turkish urban planning // Islamic studies. – 2014. – No. 4 (22). – P. 73-79.
9. Minnullin Z. S. The Institute of Waqf among the Muslim Tatars in Historical Retrospect // Scientific Notes of Kazan State University. – 2007. – Vol. 149, No. 4. – P. 114-121.
10. Khabutdinov A. Yu., Imasheva M. M. Projects of religious autonomy of Muslims of European Russia and Siberia and the North Caucasus at the beginning of the 20th century // History, archeology and ethnography of the Caucasus. – 2022. – Vol. 18, No. 4. – P. 962-974.
11. Shlykov P. V. Reformation of the Waqf System in the Late Ottoman Empire: Institutional Crisis and the Search for a New Philosophy of Waqf // Historical Bulletin. – 2019. – T. 29. – P. 156-177.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
THE DOCTRINE OF UNLIMITED AUTOCRACY BY YURIY KRIZHANICH
This article analyzes the concept of unlimited autocracy developed by the famous Croatian thinker of the seventeenth century, Juri Križanić. Particular attention is paid to the deconstruction of his views on the centralization of power, the role of the monarchical institution in the structure of the state and the correlation between the absolutist model of government and public welfare. . The study provides a textual analysis of Krizhanich’s key works in order to identify the dominant ideas and their genesis in the context of the historical era. In this study a comparative analysis of Krizhanich’s political and philosophical views with the ideas of his contemporaries is carried out, which allows us to identify the specificity of his doctrine. The article additionally explores the influence of Krizhanich’s ideas on the formation of Russian statehood, as well as considers potential practical implication of his political doctrine.
Keywords: Yuriy Krizhanich, state ideology, autocracy, political philosophy, absolutism, centralized government, Russia of the 17th century.
Article bibliography
1. Apekunov V. A. Conceptual foundations of Slavic unity in the works of P. A. Kulakovsky // Bulletin of Polotsk State University. – 2023. – No. 2. – P. 76-79.
2. Vasiliev A. A., Mukhopad V. V. The image of the elite in the conservative legal ideology of Yuri Krizhanich // Russian-Asian Legal Journal. – 2020. – No. 2. – P. 9-14.
3. Davydov S. A., Prozorovskaya K. A., Rogova A. M. Formal economic institutions in the context of the economic culture of modern Russia: based on the materials of an empirical study // Bulletin of the St. Petersburg State University of Economics. – 2022. – No. 1. – P. 18-26.
4. Elchaninova O. Yu. Doctrinal sources of Russian law in the context of the political and regime diversity of the 17th century // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 31-36.
5. Levchenkova T. A., Simonova M. M., Butyrina S. A. The problem of violence in the works of Russian enlighteners // Social and humanitarian knowledge. – 2021. – No. 4. – P. 241-249.
6. Sainakov N. A. Appropriation of morality. The problem of choosing a polemicist when understanding the transformations in Russia in the 16th-17th centuries // The New Past. – 2020. – No. 3. – P. 52-67.
7. Shestopalov I. I. Croatian scribe in Siberian exile in the second half of the 17th century about the “Tobolsk library” of Yuri Krizhanich // Sphere of Culture. – 2022. – No. 4. – P. 67-80.
CONSTITUTIONAL LAW
GABIBULLAEVA Elmira Rizvanovna
postgraduate student of Constitutional and municipal law sub-faculty, Dagestan State University, Makhachkala
THE DIALECTIC OF THE PRINCIPLES OF EQUALITY AND JUSTICE IN CONSTITUTIONAL AND LEGAL REGULATION
The article is devoted to the study of the principles of equality and justice, their understanding and significance in constitutional and legal regulation. The relevance of the study, the dialectic of the principles of equality and justice in constitutional law are substantiated. The reflection of the principles of equality and justice in the Constitution in the historical aspect is analyzed. The historical-materialistic (or Marxist) concept of understanding equality and social justice as legal principles is considered. The article reveals the universality of these principles. It is said that the specificity of the formation and development of the legal status of a person is associated with the dynamics of the content of the principles of equality and justice in constitutional and legal regulation. The problems of implementing the principles of equality and justice are listed.
Keywords: principles of equality and justice, constitutional law, principle, mechanism of legal regulation, public life, government agencies, rule of law, legality.
Article bibliography
1. Avakyan S. A. Constitutional and legal status of political parties in Russia: a textbook for students. – Moscow: Norma, 2011. – P. 124-125.
2. Vlasov V. I., Vlasova G. B. The principle of justice and its role in legal regulation // Science and education: economy and economics; entrepreneurship; law and management. – 2022. – No. 8 (147). – P. 37-41.
3. Gavrilova V. D. The principle of justice as an ideological basis for the mechanism of legal regulation // International Journal of Humanities and Natural Sciences. – 2023. – No. 4-1 (79). – P. 140-142.
4. Goncharov I. V. Problems of implementing the constitutional principle of social justice in the Russian Federation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2023. – No. 5 (97). – P. 53-60.
5. Isakov I. N. New technologies in law as a highly effective means of implementing the constitutional principle of equality in the context of multi-level legal regulation // Bulletin of Peoples’ Friendship University of Russia. – 2023. Vol. 27, No. 4. – P. 919-938.
6. Karnaushenko L. V. Social justice and legal regulation: philosophical and legal analysis // Philosophy of Law. – 2024. – No. 3 (110). – P. 22-29.
7. Kiseleva N. N. The Constitution of the Russian Federation and social justice: ideas and reality // Social justice and humanism in the modern state and law / ed. T. A. Soshnikova: materials of the International scientific conference. – Moscow: Publishing house of Moscow Humanitarian University, 2015. – 244 p.
8. Nurieva S. N. Concept and legal nature of the constitutional principle of equality of all before the law and the court // Legal fact. – 2022. – No. 170. – P. 8-12.
9. Osin R. S. Marxist concept of social equality as a theoretical basis for the implementation of the principle of social justice (socio-philosophical aspect) // Society: philosophy, history, culture. – 2023. – No. 3 (107). – P. 83-87.
10. Pirbudagova D. Sh., Magomedova D. S. Concept and content of the principle of equality in constitutional and legal science // Legal Bulletin of the Dagestan State University. – 2024. – Vol. 50, No. 2. – P. 27-33.
11. Rublev A. G. Contribution of the constitutional principle of equality to the formation of systemic and consistent law enforcement practice // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – V. 9 (75), No. 3. – P. 275-287.
12. Rybakov O. Yu. Philosophy of Law: a textbook for masters. – 2nd ed., revised and enlarged. – Moscow: Prospect, 2022. – 320 p.
13. Pavlova M. A. Evolution of constitutional regulation of the principle of social justice in Russia in the context of federalism and social differentiation // Electronic supplement to the Russian Law Journal. – 2023. – No. 4. – P. 41-51.
CONSTITUTIONAL LAW
ZOKHIDOV Manuchehr Davrondzhonovich
postgraduate student of Constitutional law and constitutional proceedings sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
HUMAN DIGNITY AS THE BASIS OF HUMAN RIGHTS
This article attempts to analyze the category of human dignity as one of the most fundamental bases of the institution of human rights.
The author presents the historical context of the formation of the category of human dignity and its impact on the socio-cultural aspect of human society, and the statements about the need to recognize and protect the dignity of the individual allow us to conclude that this principle is a guarantee of human rights.
Keywords: human dignity, human rights, public law area.
Bibliographic list of articles
1. Evmenov L. F. Dostoinstate, rights and responsibilities – social and moral imperatives: an experience of modern philosophical reading // Logic of dignity and freedom of the individual. – Minsk, 2016.
2. Kravets I. A. Dignitatis Humanae, modern constitutionalism and legal existence: philosophical-anthropological, constitutional, international legal and socio-political aspects // Social Sciences and Modernity. – 2020. – No. 5.
3. Nevinsky V. V. Ensuring human dignity: from a philosophical idea to a constitutional principle of the Russian state // Human dignity: from a philosophical and legal idea to a constitutional principle of a modern state. – Barnaul, 1999.
4. Poznyakov V. V. The concept of personal dignity in the context of human rights // Logic of dignity and freedom of the individual. – Minsk, 2016.
5. Habermas J. The concept of human dignity and the realistic utopia of human rights // Questions of Philosophy. – 2012 – No. 2.
CONSTITUTIONAL LAW
PIVENTJEV Alexander Sergeevich
adjunct of the 1st course of Constitutional and municipal law sub-faculty, V. Ya. Kikot Moscow University of the MIA of Russia
FEDERAL RELATIONS OF MODERN RUSSIA AND THEIR LEGAL REGULATION
The article examines the key aspects of Russian federalism in the context of the latest amendments that were adopted in the Constitution in 2020. The role of the President of the Russian Federation, the Federation Council and the State Duma in ensuring harmony and balance of power is analyzed. Modern theoretical and methodological approaches to federalism are discussed, focusing on their importance for ensuring state sovereignty and national security. In conclusion, it is noted that despite the achievements in the reform of federal relations, factors remain that contribute to the imbalance between the federal center and the regions, requiring further study and adjustment.
Keywords: federalism, state structure, legal regulation, Constitution of the Russian Federation, federal relations.
Bibliographic list of articles
1. Galochkina O. A., Medvedeva S. N. Implementation of the principles of federalism in the modern Russian economy // Management accounting. – 2022. – No. 5-3. – P. 109-116.
2. Kireeva E. Yu., Nudnenko L. A., Tkhabisimova L. A. Trends in legal regulation of interaction between the President of the Russian Federation and the Government of the Russian Federation // Constitutional and municipal law. – 2020. – No. 10. – P. 37-40.
3. Kuznetsov S. A. Problems of federalism in light of the implementation of the principle of unity of public authority in the constituent entities of the Russian Federation // Eurasian Law Journal. – 2022. – No. 4 (167). – P. 112-113.
4. Authorities in the Russian Federation: structure and powers // Official Internet site of the State Duma of the Federal Assembly of the Russian Federation. [Electronic resource]. – Access mode: http://duma.gov.ru/news/49137/ (date of access: 03/18/2025).
ADMINISTRATIVE LAW
NIKIFOROVA Elena Nikolaevna
Ph.D. in Law, professor of Constitutional and administrative law sub-faculty, Faculty of Law, St. Petersburg State University of Economics
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty, St. Petersburg State University
IMPROVING THE LEGAL FRAMEWORK FOR THE DIGITALIZATION OF THE AGRO-INDUSTRIAL COMPLEX AS A CONDITION FOR ENSURING RUSSIA’S NA-TIONAL SECURITY
The article substantiates the need to ensure digitalization in the agro-industrial complex of the Russian Federation. The authors note that in the light of global trends, there is an urgent need to introduce a model of economic development capable of ensuring the gradual growth of the Russian economy based on internal factors of state competitiveness. The work highlights the need to develop and adopt a federal law and strategic planning acts that should be aimed at digitalizing agriculture, reflecting the goals, objectives, directions and mechanisms of policy in this area, which in turn is a condition for ensuring the national security of the country.
Keywords: agro-industrial complex, digitalization, legal framework, national security.
Article bibliography
1. Brinchuk M. M. Social state: ensuring environmental and food security // Environmental law. – 2023. – No. 3. – P. 2-6.
2. Kartasheva N. Digital transformation in agriculture. [Electronic resource]. – Access mode: https://cdto.ranepa.ru/sum-of-tech/materials/136 (date of access: 30.03.2024).
3. Kolotkina O. A. Current state of legal support for the process of transformation of the agro-industrial complex in the context of digitalization // Russian justice. – 2019. – No. 10. – 47-49.
4.Ustimova S. A., Veriga D. A. Problems and Prospects of Digital Land Management // Civilist. – 2022. – No. 3. – P. 21-25.
ADMINISTRATIVE LAW
PANFILOVA Olga Valentinovna
Ph.D. in Law, associate professor of Security at transport facilities sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
VOLKOV Pavel Anatoljevich
Ph.D. in Law, associate professor, associate professor of Management and administrative activities of the department of internal affairs sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
ADMINISTRATIVE ACTIVITIES OF INTERNAL AFFAIRS BODIES IN TRANSPORT TO PROTECT PUBLIC ORDER DURING PUBLIC AND MASS EVENTS
Maintaining the proper level of law and order in the country is an important task for any state, and when holding public and mass events – undoubtedly to an increased degree. The administrative activities of internal affairs bodies in transport to protect public order and ensure public safety at transport facilities and transport infrastructure during public and mass events are complex in terms of their resolution. This is due to the fact that the nature of this type of event, the presence of potential and real threats to public order and public safety at transport infrastructure facilities entails the involvement of a certain number of units and services interacting with each other, the preparation and development of appropriate plans for carrying out events.
Keywords: administrative activities, public order, transport facilities, transport complex, territorial internal affairs bodies in transport, public and mass events.
Article bibliography
1. Dubynina Yu. D. The role of internal affairs bodies in ensuring public order and safety during mass events // Social management. – 2022. – Vol. 4, No. 3. – P. 131-133.
2. Pozhidaev S. G. Some issues of ensuring transport security during large-scale mass events // Actual problems of criminal policy: history, modernity and prospects: proceedings of the international scientific conference, November 21, 2015. – Vol. 1. – Moscow: Moscow University of Finance and Law MFUA, 2016. – P. 5-13.
3. The Ministry of Internal Affairs of the Republic of Tatarstan – official [Electronic resource]. – Access mode: http://mvd.tatarstan.ru/ (date of access: 11.02.2024).
4. Efimov A. A. Inspection measures as a basis for ensuring the safety of citizens // Philosophy of Law. – 2023. – No. 1 (104). – P. 21-26.
5. Aleksandrov A. N., Panfilova O. V., Stolbina L. V. [et al.]. Legal regulation of the activities of territorial bodies of the Ministry of Internal Affairs of Russia in transport to protect public order and ensure public safety during public and mass events at transport facilities. – Belgorod: Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin, 2024. – 47 p.
ADMINISTRATIVE LAW
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty, Crimean branch, V. M. Lebedev Russian State University of Justice, Simferopol
THEORETICAL AND PRACTICAL ASPECTS OF IMPROVING PUBLIC CONTROL (SUPERVISION) IN THE CONDITIONS OF DIGITAL TRANSFORMATION
The article is devoted to the issue of application of digital technologies in the implementation of public control. The article discusses the concept of public control, provides examples of digital technologies in the field of public control. It is concluded that it is advisable to adopt digital technologies, provided that it allows for more efficient control activities.
Keywords: control, supervision, public control, state control, digital transformation, digital technologies
Bibliographic list of articles
1. 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. – Vol. 17, No. 5. – P. 33-45.
2. Dvurechenskikh V. A. Methodological approaches to determining the essence of public control // Bulletin of the Plekhanov Russian University of Economics. – 2010. – No. 2 (32). – P. 48-54.
3. Zubarev S. M., Sladkova A. V. On the concept and essence of digital control technologies in the sphere of public administration // Administrative law and process. – 2019. – No. 9. – P. 53-59.
4. Pogorzhelskaya N.V., Shevchik A.E. Digital transformation of state financial control // Financial control and treasury support of target funds: development prospects in the context of digitalization: materials of the 1st Internationalth scientific and practical Internet conference, October 12, 2023. – Donetsk: FLP Kiriyenko S. G., 2023. – P. 61-64.
5. Evsikova E. V. Public financial control in the context of digital transformation (theoretical and legal aspect) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – 2023. – Vol. 9 (75), No. 3. – P. 224-236.
6. Shichanin M. A. Principles of applying digital technologies in the implementation of public financial control // Legislation. – 2021. – No. 7. – P. 38-45.
7. Gorshkov A. A. Standardization and digitalization of internal state financial control: transition to “smart control” // Scientific notes of the Tambov branch of the Russian University of Medical Sciences. – 2024. – No. 34. – P. 71-84.
8. Razov P. S. Problems and prospects of legal regulation of the Federal state information system of accounting and control over the handling of waste of I and II hazard classes // NB: Administrative law and administration practice. – 2023. – No. 1. – P. 1-10.
9. Makarova I. G. Improving customs control in the context of digitalization // Step into the future: artificial intelligence and digital economy. Technological leadership: a look beyond the horizon, November 25-26, 2021 / Under the general editorship of Doctor of Economics, Candidate of Technical Sciences P. V. Terelyansky. – Moscow: Plekhanov Russian University of Economics, 2022. – P. 165-170.
10. Agamagomedova S. A. State control and supervision in the context of digitalization of the economy // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2020. – No. 3. – P. 79-85.
11. Dusaeva E. M., Truba A. S., Kurmanova A. Kh. Transformation of control in the fisheries complex in the context of digitalization // Proceedings of VNIRO. – 2021. – Vol. 186. – P. 182-188.
12. Zaitseva O. P., Baetova D. R. Digital technologies of state financial control // Fundamental research. – 2023. – No. 6. – P. 12-16.
13. Nikitina A. S. Prospects for the implementation of information systems for monitoring and control over the activities of government bodies in modern Russia // Science Diary. – 2022. – No. 11 (71).
14. Nigmetzyanov A. A. Legal basis for the digitalization of citizens’ control over the activities of public authorities // Lex Russica (Russian law). – 2023. – Vol. 76, No. 8 (201). – P. 77-87.
15. Lisina N. S. Digital transformation and public control: prospects for influence // Actual problems of Russian law. – 2022. – Vol. 17, No. 6 (139). – P. 32-40.
16. Makeev N. N., Savina A. A. Digitalization of state control (supervision): innovations, problems, development trends // Altai Bulletin of State and Municipal Service. – 2023. – No. 21. – P. 47-50.
ADMINISTRATIVE LAW
SOSNOVSKIY Dmitriy Vladimirovich
magister student of Administrative law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
IMPROVEMENT OF ADMINISTRATIVE AND LEGAL REGULATION MECHANISMS IN THE PHARMACEUTICAL MARKET OF RUSSIA IN THE CONTEXT OF EURASIAN INTEGRATION
The aim of the study is a comprehensive analysis of the mechanisms of administrative and legal regulation of the pharmaceutical market in Russia in the context of Eurasian integration and the development of proposals for their improvement. The paper examines current issues of harmonizing Russian legislation with the supranational norms of the EAEU, the peculiarities of the functioning of the single pharmaceutical market, and existing legal conflicts between national and union regulations. The research is based on the analysis of the regulatory framework of the EAEU, which includes more than 70 documents, as well as Russian legislation in the field of drug circulation.
Conclusions. The analysis has revealed fundamental challenges in the regulatory framework of pharmaceutical administration. The most critical issues encompass: misalignment between national pharmaceutical registration protocols and the Eurasian Economic Union’s regulatory requirements, legal discrepancies between the core industry legislation and EAEU supranational regulations, suboptimal performance of digital documentation systems, and disparities in manufacturing standards and pharmaceutical quality assessment mechanisms. Particular concern is raised regarding pricing issues, discrepancies in VAT rates, inconsistency in clinical trial requirements, and the lack of unified approaches to pharmacovigilance. Specific measures are proposed to improve the Russian regulatory system, including a comprehensive review of national legislation, the creation of a mechanism for resolving legal conflicts with a priority on EAEU norms, and the establishment of an effective system for information interaction.
Keywords: administrative and legal regulation, pharmaceutical market, EAEU, legislative harmonization, supranational law, drug registration.
Article bibliographiclist
1. Akulin I. M., Sarana A. M. Drug safety. Legal and organizational problems // Medicine and law in the 21st century: Collection of works of the XV annual scientific and practical conference with international participation, St. Petersburg, December 22-23, 2023. – St. Petersburg: Center for Contemporary Literature and Books on Vasilievsky Island, 2024. – P. 9-31.
2. Nefidova O. G., Babaskin D. V., Sazonov A. D., Kamaletdinova A. A. Analysis of the main changes in the rules for registration and examination of medicines for medical use within the framework of the Eurasian Economic Union // Bulletin of the Scientific Center for Expertise of Medical Products. Regulatory studies and examination of medicines. – 2022. – V. 12, No. 2. – P. 222-226.
3. Andreeva L. V. Regulatory legal basis for the creation of a common market for medicines of the Eurasian Economic Union // International cooperation of the Eurasian states: politics, economics, law. – 2016. – No. 4 (9). – P. 51-60.
4. Gildeeva G. N., Belostotsky A. V. Current changes in the pharmacovigilance system in Russia and the EAEU // Pharmacoeconomics. Modern pharmacoeconomics and pharmacoepidemiology. – 2019. – Vol. 12, No. 2. – P. 86-90.
5. Kuemzhieva E. G., Guseva O. N. Legal regulation of patent rights for medicines in the Eurasian Economic Union // Humanitarian, socio-economic and social sciences. – 2022. – No. 4. – P. 128-131.
6. Egiazaryan E. A., Kosova I. V., Krupnova I. V., Nevolina E. V. Quality assurance of pharmacovigilance in the member states of the Eurasian Economic Union // Bulletin of Roszdravnadzor. – 2023. – No. 2. – P. 71-76.
7. Olefir Yu. V., Merkulov V. A., Koshechkin K. A. Transition to electronic registration of medicines for the single pharmaceutical market of the Eurasian Economic Union // Remedium. – 2017. – No. 6. – P. 42-46.
8. Parkhomenko D. V., Kudryavtseva E. M. Improving the system of state control over the quality, effectiveness and safety of medicines // Bulletin of Roszdravnadzor. – 2024. – No. 2. – P. 53-64.
9. Putilo N. V. Features of the circulation of medicines: Russian legislation and the law of the EAEU // Comparative legal aspects of legal relations of civil circulation in the modern world: Collection of articles of the International Scientific Legal Forum in memory of Professor V. K. Puchinsky. – Moscow: Peoples’ Friendship University of Russia, 2020. – P. 236-241.
10. Shlopak L. B. GCP standards – good clinical practice // General practitioner’s handbook. – 2023. – No. 6. – P. 23-28.
11. Radkova E., Petrova I. Clinical trials in the Eurasian Economic Union // Medical Writing. – 2023. – Vol. 32, No. 1. – P. 66-68.
12. Shakhnazarov B. The EAEU Pharmacopoeia as a Harmonizing Basis for the Requirements for the Quality of Medicines in the EAEU and Beyond // Actual Problems of Russian Law. – 2022. – Vol. 17. – P. 183-193.
13. Shugurov M. Industrial and technological cooperation in the pharmaceutical sector within the framework of EAEU: development of the model of legal regulation // International law and international organizations. – 2021. – P. 89-125.
14. Shul’ha M. G., Georgiievskyi I. V., Mazur A. V. Legal regulation of importation of medicinal products: European standards and national practice // Wiadomosci Lekarskie. – 2019. – Vol. 72, No. 12 cz 2. – P. 2457-2463.
15. Vogler S., Zimmermann N. Design of value-added tax on medicines in 41 European countries // European Journal of Public Health. – 2022. – Vol. 32.
ADMINISTRATIVE LAW
BURLAKOVA Eva-Mariya Mikhaylovna
candidate of law degree, M. V. Lomonosov Moscow State University; Assistant to S. N. Kotkin, Deputy of the State Duma of the Russian Federation for work in the State Duma on a voluntary basis
PUBLIC ADMINISTRATION IN THE FIELD OF SPORTS IN THE PEOPLE’S REPUBLIC OF CHINA: HISTORICAL AND ADMINISTRATIVE-LEGAL ASPECTS
The article is devoted to the study of the evolution of the system of state governance in the field of sports in China.
Objectives. To analyze the historical and administrative and legal aspects of the development of the sports system in China. To study the role of the state in sports management during the formation of the sports system, as well as the structure of state sports management bodies in modern China.
Methodology. System analysis as well as content analysis of domestic and foreign sources: scientific research, regulatory legal acts of China. A historical perspective of the system of state sports management in China was carried out.
Results. The stages of formation and administrative and legal aspects of state management of sports in China are analyzed. The definition and characteristics of public sports management in China are identified.
Conclusions. On the basis of the positive experience of state management of sports in China, it seems significant to consider the possibility of adapting certain elements of such a system in Russia.
Keywords: sports, administrative law, sports legislation, public administration in the field of sports, China, mass sports, elite sports.
Article bibliography
1. Alekhine A. P., Karmolitsky A. A., Kozlov Yu. M. Administrative law of the Russian Federation: Textbook. – M., 1998.
2. Rossinsky B. V., Starilov Yu. N. Administrative law: textbook. – 6th ed. – M .: Norma, 2020.
3. Guan Baoyin Administrative law [Text]: textbook / Trans. A. Yu. Manturov. – Beijing: Legal Literature, 2016. – 220 p.
4. Altukhov S. V. Sports reform in China: from state ideology to changing people’s consciousness / Collection of scientific articles of the CSM EF MSU. Ed. V. M. Marshev. Issue. 1., 2017. – P. 124-132.
5. Encyclopedia database. About the All-China Sports Federation. [Electronic resource]. – Access mode: https://www.qwbaike.cn/doc-view-165.html (date accessed: 10/17/2024).
6. Bryzgalov V. G., Zakharova N. A. Brief analysis of the organization of mass sports and physical education in the leading sports powers. Modern education: current issues, achievements and innovations. Collection of articles of the XII International scientific and practical conference. Under the general editorship of G. Yu. Gulyaev, 2017. – P. 323-326.
7. Burk V. Sports in China: the history of development and current state // Science in Olympic sports. – 2014. – No. 1.
8. General Administration of Sports (GAS), 2016. [13th Five-Year Plan for the Development of Sports in China]. – Beijing: GAS
9. General Administration of Sports of China (GAS), 2009. Hard Road and Brilliant Achievements: Sixty-Year History of Sports in New China (detailed volume). – Beijing: People’s Publishing House.
10. Gorbatenko T. B., Prokofieva L. K., Sharenkova T. A. Formation of Physical Culture and Sports in China // Problems of Modern Pedagogical Education. – 2019. – No. 62-1. – P. 102-105.
11. The State Council of the People’s Republic of China, 2016 [National Fitness Program (2016-2020)] – No. 37.
12. Dai, Yu. A Study on “The Whole Country’s Support for the Elite Sports System” after the 2008 Beijing Olympic Games. Unpublished Doctoral Dissertation. Shanghai Sport University, China, 2009.
13. Jarvie, G., Hwang, D. J. and Brennan. Sport, Revolution, and the Beijing Olympic Games. Oxford: Berg. Johnson. W., 1973. Faces on the New China Scroll. Sports Illustrations. 13. 82-100. M., 2008.
14. Dolmatova T. V., Akinshev E. S., Kuznetsova E. V., Slutsky G. A.; High-performance sport in the People’s Republic of China: current state, trends and development prospects. / Under the general editorship of T. V. Dolmatova. Monograph. FGBU FNC VNIIFK. – M., 2023. – 227 p.
15. Enchenko I. V. Features of the development of physical education and sports services in China. Actual problems of technical, technological and socio-economic support of the service sector: a collection of scientific articles by graduate students, doctoral students and young scientists (issue 4) / Under the general editorship of V. A. Chernenko, S. Yu. Grishin. – Publishing house of St. Petersburg State University of Service and Economics. 2013. – P. 44-47.
16. Pan J. Research on the Management System of the “State” Elite Sports System in China and its Operating Mechanism. Unpublished Master’s Thesis. East China Normal University. – China, 2012.
17. Kosikhina S. S., Shvets A. V. Legal System of the PRC: Textbook. – Blagoveshchensk: Amur State University, 2022. – 90 p.
18. Soloviev A. A. Author’s Translation of the Law of the People’s Republic of China “On Physical Culture and Sports // Sports: Economics, Law, Management”. – 2011. – No. 3. – P. 28-32
19. Xu, G. Olympic Dreams: China and Sports 1895-2008. – London and Cambridge, MA: Harvard University Press, 2008.
20. Xiao, L. China and the Olympic Movement. No. 121 (30472), 28-31 October 2016.
21. Hong, F. China. In: B. Houlihan and M. Green, eds. Comparative Development of High-Performance Sport: Systems, Structures and Public Policy. – Oxford: Butterworth-Heinemann, 2008. – P. 26-52.
22. Hong, F. The Olympic Movement in China: Ideals, Realities and Ambitions // Culture, Sport, Society: Cultures, Commerce, Media, Politics. – 1998. – No. 1 (1). – P. 149-168.
23. Hu H. Chinese Football and Its Number One Fan: Political Influence on China’s Growing Interest and New Moves in Football (Asia-Pacific Policy Society: Policy Forum). – 2015.
24. Hong F. Sport Development and Elite Athletes in China. In: B. Houlihan and M. Green, eds. The Routledge Handbook of Sport Development. – Abingdon: Routledge, 2011. – P. 399-417.
25. Hong, F. and Lu, Z. Imagining a New China and the Sovietization of Chinese Sport (1949-1962) // International Journal of Sport History. – 2012. – No. 29 (1). – P. 1-29.
26. Cao X. and Brownell S. People’s Republic of China. In: L. Chalip, A. Johnson and L. Stahura, eds. National Sport Policy: An International Handbook. London and Westport. Connecticut:Greenwood Press, 1996. – P. 67-88.
27. Jie Zhang, “Reality and Dilemma: Development of China’s Sports Industry after the Implementation of Reform and Opening-up” // International Journal of Sports History. – 2015. – No. 32, Issue. 8. – pp. 1085-1097.
ADMINISTRATIVE LAW
RYAZANOV Sergey Viktorovich
General Director of YUK Taxarbitr LLC, State University of Land Management
METHODOLOGICAL BASIS FOR DETERMINING THE VALUE OF LAND
The article examines the features of methodological support for the cadastral assessment based on the provisions of the Rosreestr Order dated 04/08/2021 No. P/0336 “On approval of Methodological guidelines on state cadastral assessment”. It is noted that their content reflects questions about the rules for establishing the cadastral value of land plots and other real estate objects. At the same time, the complexity of the implementation of the cadastral valuation procedure is indicated, due to the difficulties of obtaining reliable data, which place high demands on information transparency, and in addition, regular updating of data on registered real estate transactions by the relevant structures of the Federal Register (for example, quarterly reports on purchase and sale transactions).
Keywords: cadastral valuation, site, valuation, methodology, cadastral zones, cost, grouping.
Article bibliography
1. Dispute on challenging the results of determining the cadastral value of residential premises (apartments) (based on the judicial practice of the Moscow City Court) // Assistant lawyer: electronic. journal. – 2024.
2. Ivanova A. I., Lepikhina O. Yu., Chernov A. V. Current state of appraisal zoning of the territory in the Russian Federation // Inter Expo Geo-Siberia. – 2022. – Vol. 7, No. 1. – P. 53-56.
3. Kiseleva N. A. Legal regulation and issues of law enforcement of the appraisal institute // State power and local self-government. – 2023. – No. 12. – P. 25-28.
4. Maryushkin I. E. Turnover of agricultural land // SPS ConsultantPlus, 2024.
5. Pylaeva A. V., Akinin M. V. Artificial intelligence and neural networks – tools for cadastral valuation of real estate as part of the National Spatial Data System // Property relations in the Russian Federation. – 2024. – No. 4. – P. 23-31.
6. Cassation ruling of the Fifth Cassation Court of General Jurisdiction dated December 12, 2019 No. 88a-568/2019 // SPS ConsultantPlus, 2024.
MUNICIPAL LAW
KOMLEV Evgeniy Yurjevich
Ph.D. in Law, Head of Judicial power, civil society and law enforcement sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia, associate professor of Department of Public Law, National Research University “Higher School of Economics”
DOSHCHATOV Anton Alexandrovich
magister student of the 2nd course, National Research University “Higher School of Economics”
LEGAL REGULATION OF THE FUNCTIONING OF ADMINISTRATIVE DISTRICTS IN THE SVERDLOVSK REGION
The article deals with the legal regulation of the activity of administrative districts in the Sverdlovsk Region (Sverdlovsk Oblast) in accordance with the legislation of the Sverdlovsk Oblast, analyzes the structure of their administrations, powers and interaction with state authorities of the subject of the Russian Federation and local self-government bodies. The authors noticed the positive influence of administrative districts on the functioning of the executive power of the Sverdlovsk Oblast and also formulated proposals on the functional and organizational expansion of their activity for the development of local self-government and organization of public authority at the regional level.
Keywords: administrative district, local self-government, subject of the Russian Federation, legislation, public authority.
Article bibliography
1. Komarova V. V. Territorial limits of public authority and special statuses of territories // Education and Law. – 2020. – No. 6. – P. 22-26.
2. Komlev E. Yu. Coordination of the activities of local authorities in Russia and Spain: a comparative legal study // Bulletin of Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – V. 26, No. 3. – P. 634-654. doi: 10.22363/2313-2337-2022-26-3-634-654
3. Peshin N. L. Territorial organization of public authority within the boundaries of federal territories // Constitutional and municipal law. 2021. No. 7. P. 35-40.
4. Chikhladze L. T., Larichev A. A. Dualistic model and “reasonable centralization” as factors in the effective functioning of local self-government in the public authority system of the Russian Federation // Bulletin of the Russian Universityeta of friendship of peoples. Series: Legal sciences. – 2020. – Vol. 24, No. 2. – P. 233-251. doi: 10.22363/2313-2337-2020-24-2-233-251.
MUNICIPAL LAW
KRYAKOV Denis Nikolaevich
postgraduate student of the 2nd course, Tver State University
INTERNATIONAL AND FOREIGN ECONOMIC RELATIONS OF LOCAL GOVERNMENTS: CONCEPT AND CONTENT
The article analyzes the concepts of international relations and foreign economic relations, reveals their contents and the relationship between them. Issues related to the exercise by local governments of their powers in the field of international and foreign economic relations are currently quite relevant both for a particular municipality and for the state as a whole. In modern conditions, it is important for the socio-economic development of the state to increase effective international and foreign economic cooperation between the subjects of the Russian Federation and local governments. The foreign economic policy of the state is determined by a certain system of factors that determine its environment. Thus, the international and foreign economic relations of the state, its subjects and local governments are an important part of the modern economy. The formation of a theoretical framework on the subject under study is a necessary component for effective reform of the state’s foreign economic policy. The main conclusions on the studied issues are presented.
Keywords: international relations, foreign economic relations, international cooperation, local government, municipal law.
Bibliographic list of articles
1. Bulgakova O. A. Legal regulation of foreign economic relations and investment practices of the regions of the Russian Federation: (using the city of Moscow as an example): a textbook in the areas of training 40.03.01 “Jurisprudence” and 41.03.05 “International Relations” / Moscow City University of Management of the Government of Moscow. – Moscow: Moscow State University of Management of the Government of Moscow, 2016. – P. 120.
2. Maslov D. G. Organization and technology of foreign economic activity: a textbook – method. manual: in 2 parts / Responsible. editors S. G. Mikhneva, D. G. Maslov. – Penza: Publishing house of PSU, 2017. – Part 1. – 324 p.
3. Sushko V. I. Economics and management of foreign economic activity: a textbook. – Minsk: Vysshaya shkola, 2022. – 496 p.
4. Tsarevskaya E. A. Organization and management of foreign economic activity: a collection of educational and methodological materials for the specialty 38.05.02 “Customs”. – Blagoveshchensk: Amur State University, 2022. – 44 p.
5. Esetova A. M. Organization and regulation of foreign economic activity: a textbook. – Makhachkala, DSTU, 2023. – P. 280.
MUNICIPAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty, North Caucasus branch, Russian State University of Justice, Krasnodar
PROBLEMS OF LEGAL REGULATION OF ACTIVITIES OF CONTROL AND ACCOUNTING BODIES OF MUNICIPALITIES
The article examines the problems of legal regulation of the activities of control and accounting bodies of municipalities, and reveals their role in the mechanism of public financial control. The article analyzes scientific approaches to determining the legal status of control and accounting bodies of municipalities in financial legal relations from the point of view of determining their place in the system of municipal government and organizational and legal status.
Keywords: financial control, budget control, municipalities, local government, control and accounting authorities.
Bibliographic list of articles
1. Amaryan A. V. Control and accounting body of a municipality as a subject of financial law: author’s abstract. dis. … candidate of legal sciences. – Saratov, 2022.
2. Belikov E. G., Amaryan A. V. The principle of independence of the activities of control and accounting bodies of municipalities in the system of principles of public financial control // Legal policy and legal life. – 2021. – No. 4.
3. Garayeva T. V., Gubina A. O. Control and accounting bodies of municipalities: problems of organization and functioning // Actual problems of science and practice: Gatchina readings – 2020: collection of scientific papers based on the materials of the VII International scientific and practical conference / Ed. T. O. Boziev, V. R. Kovalev. – Gatchina, 2020.
4. Dyatlov D. D. Control and accounting body of a municipality as a subject of budgetary legal relations // ExLegis: legal research. – 2023. – No. 4.
5. Smirnova E. N. Powers of control and accounting bodies of municipalities // Scientific support for the agro-industrial complex: a collection of articles based on the materials of the 75th scientific and practical conference of students on the results of them R&D for 2019 / Ed. A. G. Koshchaev. – Krasnodar, 2020.
6. Khabibullina A. T. Concept, goals and objectives of the activities of control and accounting bodies of municipalities in the Russian Federation // Alley of Science. – 2021. – Vol. 1, No. 11 (62).
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
ON THE QUESTION OF WHETHER THERE ARE GROUNDS FOR EXEMPTING THE DEBTOR FROM COLLECTING THE ENFORCEMENT FEE
The plaintiff, applying to the court for protection of violated rights, is interested not only in the issue of a positive judicial act in his favor, but also, first of all, in the execution of this judicial act properly and in a timely manner. An interest in the proper and timely execution of a judicial act is not only for the claimant, but also, to some extent, for the bona fide debtor. The incentive for the debtor to properly execute a judicial act is the collection of an enforcement fee from the debtor for the untimely execution of the judicial act. In this article, using specific practical examples, we will try to understand when the issuance of a ruling by a bailiff to collect such a fee from the debtor is not always lawful and justified.
Keywords: bailiff, enforcement fee, court order, good faith, debtor, claimant, court, enforcement.
Article bibliography
1. Decision of the Mansky District Court of Krasnoyarsk Krai dated 20.02.2018 in civil case No. 2-81. [Electronic resource]. – Access mode: http://mansk.krk.sudrf.ru (date of access: 19.12.2024).
2. Decision of the Mansky District Court of Krasnoyarsk Krai dated 22.11.2025 in administrative case No. 2A-391. [Electronic resource]. – Access mode: http://mansk.krk.sudrf.ru (date of access: 12/19/2024).
3. Determination of the Mansky District Court of the Krasnoyarsk Territory on the adoption of interim measures dated 11/09/2017 in case No. 2-458/2017 (from the archive of SNT “LP-2”).
4. Statistical data of the FSSP of Russia. [Electronic resource]. – Access mode: https://fssp.gov.ru (date of access: 12/19/2024).
CIVIL LAW
DURASOV Vladislav Vladimirovich
master’s degree, specializing in «Lawyer in Real Estate Transactions», St. Petersburg State University, lawyer of the limited liability company “Versus. Legal»
INSTITUTE OF REGULATORY TAKEINGS IN RUSSIA
The concept of regulatory takes is widely used in foreign legal systems. It allows property owners to receive compensation for losses caused by government actions that result in significant restrictions on their properties. However, there is currently no explicit provision in Russian law that allows for the use of this mechanism.
This article examines domestic legislation and the decisions of the Constitutional Court of Russia regarding the possibility of implementing regulatory takes and providing compensation to copyright owners for significant restrictions on their rights.
Keywords: regulatory takes, compensation, seizure of property, principle of the inviolability of property, land plot.
Bibliographic list of articles
1. Dobrachev D.V. Problems of judicial practice in the field of land turnover. – M.: Wolters Kluwer, 2005. [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
2. Bogolyubov S. A. Commentary on the Land Code of the Russian Federation (article by article). – M.: Prospect, 2017. – 784 p.
3. Strembelev S. V. Civil consequences of the introduction of a specially protected natural area regime in relation to a land plot. Commentary on the Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 20, 2018 No. 9-KG17-23 // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 11. – P. 30-40.
4. Krasnova T. S. Regulatory seizure of property (theses). // Zakon.Ru. [Electronic resource]. – Access mode: https://zakon.ru/blog/2021/12/29/regulyatornoe_izyatie_sobstvennosti_tezisy#:~:text=Regulatory%20seizure%20ofproperty%3A%20ratio%20s,16.1%20GK%20RF).
CIVIL LAW
IVANENKO Vitaliy Gennadjevich
expert
DELETION OF INFORMATION BY LAW: PERSONAL DATA PROTECTION IN THE DIGITAL WORLD
This article discusses the issues of deleting information by law. It is proven that personal data is, by its legal nature, an intangible asset with signs of inalienable and non-transferrable, converted into the form of perceived information, consent to the use of which is provided by the owner of a personal non-property right. The “right to be forgotten” is a legal tool that allows you to remove links to resources with false, outdated or illegal information about a person from search results. The article examines the practice of Roskomnadzor, as well as the possibilities of ensuring and protecting this right provided for by the current legislation of the Russian Federation.
Keywords: personal data, information, digitalization, digital ecosystems, telecom operator, information system owner.
Article bibliography
1. Arkhipov V. V. The problem of qualification of personal data as intangible assets in the digital economy, or there is nothing more practical than a good theory // Law. – 2018. – No. 2. – P. 52-68.
2. Bundin M. V. Personal data in the restricted information system: dis. … Cand. Sciences (Law). – M., 2009. – P. 72-130.
3. Kudashkin Ya. V. Legal support for the security of personal data processing on the Internet: dis. … Cand. Sciences (Law). – M., 2020.
4. Ozhegov S. I. Explanatory dictionary of the Russian language. – M., 1989. – P. 986.
5. Prosvetova O. B. Protection of personal data: author’s abstract. dis. … Cand. Sciences (Law). – Voronezh, 2005. – P. 6.
6. Pokamestova E. Yu. Legal protection of the confidentiality of personal data of minors: author’s abstract. dis. … Cand. Jurid. Sciences. – Voronezh, 2006 – P. 8.
7. Tevs M. A. Sale of personal data de facto: an overview of offers of voluntary data monetization services // Law. – 2023. – No. 9. – P. 102-110.
8. Growth and resilience through ecosystem building. May 23, 2023. [Electronic resource]. – Access mode: https://www.mckinsey.com/capabilities/growth-marketing-and-sales/our-insights/growth-and-resilience-through-ecosystem-building (date of access: 01/27/2025).
9. Official website of Roskomnadzor. [Electronic resource]. – Access mode: https://rkn.gov.ru/ (date accessed: 15.03.2025).
CIVIL LAW
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty, Samara State University of Economics
ZHURAVCHAK Vladislav Vasiljevich
student, Samara State University of Economics
KASIMOV Eduard Radikovich
student, Samara State University of Economics
THE ESSENCE AND FEATURES OF EVIDENCE IN THE NOTARIAL PROCESS
This scientific article presents current problems in Russian law that are related to the process of proof not only in the framework of civil law relations, but also in the activities of notaries. The relevance of the topic is determined by the importance of the legislative norms governing the activities of notaries, in addition, the law identifies certain criteria of proof by a notary. In conclusion, the author highlights the specifics and essence of notarial evidence in the framework of the evidentiary process, but the limits of proof by a notary are significantly exceeded in a civil law contract concluded with individuals. So the wording of the contract has more powers of the notary than the legislation interprets. This fact confirms the special importance of the notary in the proof process.
The subject of proof should be understood as the necessary documents and information that contain all information about the presence or absence of a specific committed fact. Paying attention to the specific provisions of the law on notaries, we note the presumption in the notarial process, which should be understood as information that is unproven or when providing evidence, the notary violated the process of obtaining or submitting such evidence.
Speaking about the specifics of the notary’s activity in the process of proving, the author identifies several forms of notarial proceedings: simple and complex. Based on the information received and the analyzed judicial practice, the author concludes that there is a need for legal regulation of notarial activities within the framework of the evidentiary process, in order to establish all the necessary conditions for a notary to work in this process. The process of proof for a notary is complex and time-consuming, since the process of proof consists in the adoption of all necessary facts or their absence, in order to obtain the truth between the persons involved in the case.
Therefore, the main task of a notary in the proof process is to establish the truth for the persons involved in the case in order to settle their legal relations.
Keywords: notarial activity, legal regulation, limits of proof, the concept of proof.
Bibliographic list of articles
1. Ageeva G. E., Kuzmina Z. A. Problems of using digitalevidence in civil proceedings // Science Diary. – 2021. – No. 7 (55).
2. Grigorieva T. A., Tkachenko E. V., Fomicheva R. V., Shcherbakova L. G. Notaries in the Russian Federation. Study Guide. – M.: Justice, 2019. – 224 p.
3. Denisova E. E. Notaries in the Russian Federation. – M.: Prospect, 2019. – 192 p.
4. Kuznetsov N. A., Yastrebov D. V. Systemic characteristics of the functions of the notary: problem situations of notarial theory and practice // Notary. – 2022. – No. 8. – P. 3-7.
5. Mironov A. N. Notaries: study guide. – M.: Infra-M, 2019. – 196 p.
6. Nazarova L. A. The problem of formation of the notarial law branch and current trends in the development of the legislation of the Russian Federation on notaries // Notary. – 2023. – No. 4. – P. 9-14.
7. Notaries / Ed. by A. O. Inshakova, A. Ya. Ryzhenkov. – M.: Yurait, 2024. – 468 p.
8. Skachkova O. S., Churakova E. N., Loshkarev A. V. Pre-trial provision of evidence by a notary: problems of law enforcement practice // Issues of Economics and Law. – 2020. – No. 140. – P. 21-25.
CIVIL LAW
KOKOVA Liana Ruslanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
LITYAGINA Alla Sergeevna
senior lecturer of Civil law and process sub-faculty, Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
ANALYSIS OF THE SPECIFICS OF LEGAL REGULATION OF THE LABOR OF MEDICAL WORKERS IN THE RUSSIAN FEDERATION
One of the most important areas that determine the level of development of the state is healthcare. The efficiency of medical organizations, institutions and the quality of medical services are determined by many criteria. A special area that influences the development of the healthcare system is the system of legal regulation of labor relations in the healthcare sector. The issue of increasing the efficiency of medical workers is one of the priority areas of state policy in the field of healthcare. The basis for improving the system of labor relations in medical organizations, institutions is the development of legal regulation of the labor of medical workers, taking into account the specifics of labor activity in medical organizations and institutions. The work of medical workers is associated with certain risks to their health, sometimes life, as well as a high level of responsibility for the health and life of patients. These are the specific characteristics of the work of medical workers that are reflected in the regulatory legal acts regulating this area. Particular attention is required to issues of legal regulation of remuneration of medical workers. Since it is remuneration that determines the motivation of medical workers. Due to the emergence of problems in terms of remuneration of medical workers, namely the tendency to decrease the overall level of remuneration in 2024, relevant recommendations have been developed.
Keywords: legal regulation, medical workers, incentive payments, salary, working hours, working conditions, risks, qualifications, medical institutions, health care.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Labor Code of the Russian Federation of 30.12.2001 No. 197-FZ (as amended on 28.12.2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Federal Law “On the Fundamentals of Health Protection of Citizens in the Russian Federation” of 21.11.2011 No. 323-FZ (latest revision). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Letter of the Ministry of Health of the Russian Federation and the Ministry of Labor and Social Protection of the Russian Federation dated March 29, 2024 16-3/И/1-5816, 14-1/10/П-2380 On sending methodological recommendations on the procedure for implementing paragraph 6 of the Resolution of the Government of the Russian Federation dated December 28, 2023 No. 2353. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
5. Vazirova R. M. Some features of legal regulation of labor of medical workers in the Russian Federation // Young scientist. – 2023. – No. 22 (469). – P. 240-242.
6. Shcherbakova O. V. Legal regulation of working hours of medical workers: analysis of judicial practice // Electronic supplement to the “Russian Law Journal”. – 2023. – No. 5. – P. 51-60.
CIVIL LAW
KRIVITSKAYA Yuliya Stanislavovna
senior lecturer of Civil law sub-faculty, Southern University (Institute of Management, Business and Law) Rostov-on-Don, postgraduate student of Civil law sub-faculty, Southwestern State University, Kursk
THE CONCEPT OF FAMILY BUSINESS AND ITS ROLE IN THE IMPLEMENTATION OF HEREDITARY LEGAL RELATIONS
This article examines the concept of family business as a key element in the context of the implementation of hereditary legal relations. The family business, as a unique form of entrepreneurship, has specific features related to the transfer of business and assets from one generation to another. The paper analyzes the basic principles of organizing a family business, problems in the transfer of inheritance and ways to solve them, as well as measures to minimize risks.
The scientific novelty of the research lies in a systematic approach to understanding the relationship between family business and hereditary legal relations. For the first time in Russian legal science, a comprehensive model has been presented that combines theoretical and practical aspects of family business management, inheritance features, and legal mechanisms that protect the interests of both the business and its participants.
Keywords: inheritance, family business, will, contracts, concept, hereditary legal relations.
Article bibliography
1. Gushchin V. V. Concept and essence of the inheritance contract of spouses. Family business in the legal space of Russia: monograph. – M., Prospect, 2020.
2. Danilov E. P. Inheritance: monograph. – M., 2020. – 160 c.
3. Ogloblina O. M. Inheritance by law and will. Practical guide: monograph. – M., 2021. – 995 c.
CIVIL LAW
Medzhidova E. V.
Candidate of Law, Science South Ural State University (National Research University)
ACQUISITIVE LIMITATION AS A BASIS FOR THE CREATION OF OWNERSHIP RIGHTS: PROBLEMS OF THEORY AND PRACTICE
Acquisitive prescription as a basis for the emergence of property rights is a complex and multifaceted legal institution that causes ongoing debate in the scientific community and gives rise to many practical problems in law enforcement activities. This article is devoted to a comprehensive analysis of the theoretical foundations and practical aspects of the application of acquisitive prescription as a method of acquiring property rights. The paper examines approaches to understanding the essence of acquisitive prescription, the historical development of the institution of acquisitive prescription. The main elements of acquisitive prescription, such as good faith, openness, continuity and prescription of possession, are analyzed. A separate place in the study is occupied by the analysis of problems arising in connection with the application of acquisitive prescription in practice.
Keywords: acquisitive prescription, openness, good faith, continuity, prescription, vicious transaction.
Article bibliography
1. Khaliullin R. A., Volkova S. V. Anomalous acquisitive prescription in Roman law // St. Petersburg State University. Actual problems of science and practice. – 2019. – No. 2. – P. 15-17.
2. Man’ko O. V., Kurokhtina O. A., Actual problems of the emergence of the right of ownership of residential premises by virtue of acquisitive prescription // Development of science and practice in a globally changing world in the face of risks. Moscow: Alef. – 2022. – P. 27-31.
3. Sklovsky K. I. Application of property legislation. Difficult questions: Commentary on the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010, the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 54 of July 11, 2011, the Information Letter of the Presidium of the Supreme Arbitration Court. – M.: Statut, 2016. – 205 p.
4. Ablyatipova N. A., Kravtsova A. A. Systematicity of Law Enforcement Practice on Issues of Acquisitive Prescription and Defects in a Transaction on Transfer of Property into Ownership // Scientific Notes of the Tambov Branch of the Russian University of Management. – 2020. – No. 17. – P. 64-76.
5. Vlasova Yu. Yu., Kuzmina M. V. Legal Aspects of the Transfer of Rights to a Land Plot by Acquisitive Prescription in the Russian Federation // In the collection: Intellectual Compass: Direction of Scientific Discoveries. – 2024. – pp. 153-158.
CIVIL LAW
TELIBEKOVA Irina Mendigereevna
Ph.D. in Law, professor of the Higher School of Natural Sciences and Humanities, Baishev University, Aktobe, Republic of Kazakhstan, doctoral student, Russian State Academy of Intellectual Property
FOREIGN EXPERIENCE OF EDUCATIONAL INSURANCE
The article examines foreign experience in educational insurance. The author provides an overview of insurance programs offered by insurers in foreign countries that allow receiving insurance payments to pay for education, travel, and accommodation of a child, including in the event of the death of a parent, and also provides an example of legal regulation of state educational savings insurance in the Republic of Kazakhstan.
Keywords: insurance, educational insurance, insurance contract, insurance event, insurer, policyholder, beneficiary.
Article bibliography
1. Nedospasova O. P., Kaida A. Yu., Nedospasov A. A. Financing of higher education in the context of economic instability: general and specific for OECD countries // National interests: priorities and security. – 2016. – No. 7 (340). – P. 178-191.
CIVIL LAW
KHANOVA Zaira Reimanovna
Ph.D. in Law, associate professor of Civil law sub-faculty, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
BAGANDOV Dzhabrail Rustamovich
lawyer-consultant of the legal department, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
REFORM IN PROPERTY LAW: REALITY AND PROSPECTS
The article is devoted to the discussion of the need for legislative reform in the field of property law in Russia. The analysis of the existing domestic real estate law is carried out. The problems and conflicts that arise in practice related to the definition of real estate objects are identified. The comparison of real estate law in the domestic and foreign legal order is carried out. The issue of changing the concept of multiple real estate to the concept of a single real estate object is considered as a way to solve existing problems of domestic real estate law.
Keywords: reform of property law, concept of multiplicity of real estate object, concept of a single real estate object, principle of unity of fate of the land plot and the object on it.
Article bibliography
1. Bevzenko R.S. State registration of rights to real estate: problems and solutions // Herald of civil law. – 2011. – Vol. 11, No. 6.
2. Concept of development of civil legislation on real estate. Adopted at a meeting of the Council under the President of the Russian Federation for the codification and improvement of civil legislation on December 15, 2003 (minutes No. 18). – P. 40-41, 85. [Electronic resource]. – Access mode: http://www.civilista.ru/files/gk/concepcii/nedvijimost.pdf?ysclid=m9x4jc48rr49320273
3. Sukhanov E. A. Property Law: Scientific and educational essay, Statut, 2017. – P. 112.
4. Bevzenko R. S. Land plot with buildings on it: introduction to Russian real estate law. [Electronic publication]. – M.: M-Logos, 2017. – P. 69.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
LEGAL BASIS AND LEGAL SIGNIFICANCE OF LABELING OF MEDICAL PRODUCTS ENTERING THE PLASTIC SURGERY CLINIC IN THE NATIONAL DIGITAL LABELING SYSTEM “HONEST SIGN”
The article reveals the concept, essence and meaning of electronic labeling of medicines. The features of the legal regulation of labeling of medical devices entering the plastic surgery clinic are considered. The requirements for registration of a medical clinic of plastic surgery in the Honest Sign system and its process are investigated. The procedure for entering the necessary information from the system is analyzed.
Keywords: labeling, medical clinic, Honest Sign system, medicines, medical devices, registration.
Article bibliography
1. Andreeva L. V., Bykovsky V. K. Mandatory labeling and traceability systems for goods: concept, types, digital transformation // Business Law. – 2022. – No. 1. – P. 41-51.
2. Demushkina A. A., Utkina A. V. Actual aspects of drug labeling // Bulletin of GGTU. Medicine, pharmacy. – 2020. – No. 4. – P. 102-103.
3. Ermolova O. N., Kavelina N. Yu. Problems of introducing product labeling with identification means // Law and digital economy. – 2021. – No. 3. – P. 11 – 19.
4. Melnikova V. V. Modern aspects of drug labeling: organizational model for introducing “datamatrix” labeling of a drug // Healthcare manager. – 2019. – No. 5. – P. 30 – 34.
5. Panova A. S. Product labelingidentification means as a means of combating counterfeiting in the context of digitalization // Business Law. – 2022. – No. 1. – P. 52-59.
6. Spitskaya I. A., Sycheva V. N. Mechanisms for monitoring the circulation of medicines // Remedium Privolzhye. – 2017. – No. 6 (156), July-August. – P. 6-7.
7. Tregubov A. N. Creation of a traceability system as a measure to counteract the illegal import of goods // Customs Affairs. – 2019. – No. 3. – P. 16-18.
8. Tezina N. N. Labeling of drugs from the manufacturer to the end consumer. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/markirovka-lekarstvennyh-preparatov-ot-proizvoditelya-do-konechnogo-potrebitelya?ysclid=lvici50jmb243129333.
CIVIL LAW
BATANOV Anton Alexandrovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
INSTITUTE OF PRE-CONTRACTUAL LIABILITY IN RUSSIA AND SOME FOREIGN COUNTRIES: THE HISTORY OF FORMATION AND FEATURES OF APPLICATION
The present study is aimed at examining the legal regulation of pre-contractual liability in the Russian Federation and foreign countries. The author analyzes the historical origins of this institution, starting with the concept of culpa in contrahendo by Rudolf von Ihering, and traces its further development in European legal doctrine. The research explores the specifics and features of the practical application of pre-contractual liability in Russia and certain foreign legal systems. The study employs a comparative analysis of approaches to pre-contractual liability in various legal systems, including civil law (Russia, France, Germany, Italy) and common law (USA, UK), which allows for the identification of both common trends and national regulatory peculiarities. The author emphasizes that pre-contractual liability has a compensatory nature and is primarily aimed at reimbursing expenses related to negotiations, as well as losses resulting from the loss of alternative opportunities to engage with third parties.
Keywords: pre-contractual liability, negotiation process, pre-contractual stage, organizational relationship, damages.
Bibliographic list of articles
1. Farnsworth E. A. Precontractual Liability and Preliminary Agreements: Fair Dealing and Failed Negotiations. Columbia Law Review, 1987. – No. 87 (2). [Electronic resource]. – Access mode: https://doi.org/10.2307/1122561 (date of access: 10.01.2025).
2. Bogdanov D. E. Fairness as the main principle for determining the amount of pre-contractual liability // Advocate. – 2014. – No. 4. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Budylin S. L. Is there an obligation to negotiate in good faith, or the Case of the unlocked door // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 6. – P. 36-51.
4. Girshbandt A. S. The problem of pre-contractual liability in the latest civilistics // Law: weekly legal newspaper. – 1912. – No. 43.
5. Gnitsevich K. V. Pre-contractual liability in civil law (culpa in contrahendo): dis. … candidate of legal sciences. – St. Petersburg, 2009.
6. Zhuzhalov M. B. The doctrine of R. von Ihering on pre-contractual liability: influence on the present and possibilities for application in the future (commentary on the Russian translation of the work “Culpa in contrahendo, or “Compensation for damages due to invalidity or non-conclusion of contracts”) // Bulletin of civil law. – 2013. – No. 3. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
7. Ihering R. Culpa in contrahendo, or Compensation for damages due to invalidity or non-conclusion of contracts // Bulletin of civil law. – 2013. – No. 3. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
8. Chistyakov P. D. Pre-contractual liability in Russian and foreign law: diss. … candidate of legal sciences. – M., 2024.
CIVIL LAW
GORDYUSHKIN Igor Germanovich
postgraduate student of the 3rd course of the G. V. Plekhanov Russian University of Economics
COMPARATIVE LEGAL ANALYSIS OF INTERGOVERNMENTAL FINANCIAL ORGANIZATIONS AND AUTHORIZED BANKS OF THE RUSSIAN FEDERATION: FEATURES OF LEGAL STATUS AND SCOPE OF ACTIVITY
The article presents a comparative legal analysis of the legal status and functions of intergovernmental financial organizations and authorized banks in the Russian Federation. It demonstrates that although these entities perform similar functions, they differ significantly in their legal regime and areas of operation. International financial organizations operate on the basisof multilateral agreements and enjoy autonomy in conducting currency operations, focusing on macroeconomic stability and investment support. In contrast, Russian authorized banks are strictly governed by national legislation, acting as agents of currency control and implementing state priorities, including overseeing the state defense order and providing support to the agro-industrial sector. The author concludes that a balance must be struck between international obligations and national interests in the regulation of financial activities.
Keywords: international financial organizations, authorized banks, currency regulation, state defense order, agro-industrial complex, legal status
Bibliographic list of articles
1. Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Federal Law of 10.12.2003 No. 173-FZ “On Currency Regulation and Currency Control”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Federal Law of 30.12.2004 No. 214-FZ “On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Federal Law of 29.12.2012 No. 275-FZ “On State Defense Order”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
5. Agreement on the establishment of the International Investment Bank (signed in Moscow on 10.07.1970). [Electronic resource]. – Access mode: Access from the reference and legal system “Garant”.
6. Charter of the Eurasian Development Bank (adopted on 12.01.2006). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901969220?ysclid=m9hhkomvfi211512504.
7. Ivanov I. I. Legal status of international financial organizations in the context of globalization // Journal of International Law. – 2023. – No. 4. – P. 44-58.
8. Petrov P. P. Legal regulation of the activities of authorized banks: problems and solutions. – M.: Yurait, 2022. – 240 p.
9. Sidorov S. S. Sanctions and their impact on the banking sector of the Russian Federation: a comparative legal analysis // Russian Law Journal. – 2023. – No. 2. – P. 110-120.
CIVIL LAW
ILYAKHINA Anna Alexandrovna
postgraduate student, Rostov State University of Economics (RINE)
THE ROLE OF THE INSTITUTE OF COMMISSIONERS FOR THE PROTECTION OF THE RIGHTS OF ENTREPRENEURS IN THE IMPLEMENTATION OF LEGAL MECHANISMS FOR THE PROTECTION OF THE RIGHTS OF BUSINESS ENTITIES
In the context of the development of the domestic economy, competent protection of the rights of business entities is becoming increasingly important. The purpose of the study is to analyze the institution of the Commissioner for the Protection of the Rights of Entrepreneurs in Russia as one of the legal mechanisms that ensure the protection of business entities. The study aims to determine the effectiveness of this protection mechanism, identify problems and formulate proposals for its further improvement. The hypothesis of the study is that the institution of the Commissioner for the Protection of the Rights of Entrepreneurs is an important but insufficiently effective mechanism for protecting the rights of entrepreneurs in Russia. The effectiveness of its work can be increased by expanding its powers, improving coordination with government authorities and developing information activities. Using the formal legal method, methods of comparative legal analysis and systematization, a study of this form of protection of the rights of business entities in Russia, its advantages and disadvantages, as well as development prospects has been conducted. As a result of the research, proposals have been formulated to improve this mechanism for protecting the rights of entrepreneurs in Russia, allowing them to optimize the work of the Commissioners, which will help improve the business climate and stimulate economic growth.
Keywords: protection, business entity, business ombudsman.
Article bibliography
1. Belov V. E. Commissioners for the Protection of Entrepreneurs’ Rights: Role and Place in the System of Protecting the Rights of Participants in Public Procurement // Laws of Russia: Experience, Analysis, Practice. – 2020. – No. 4. – P. 51-55.
2. Borshchevskaya A. E., Kovalenko E. D. Institute of Business Ombudsman: from the Experience of Foreign States to National Legislation // Current Issues of Law, Education and Psychology: Collection of Scientific Papers. Volume Issue 8. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the RepublicBelarus”, 2020. – P. 20-26.
3. Valikov N. S. The role of the institution of the Commissioner for the Protection of Entrepreneurs’ Rights in the development of entrepreneurship // Legal Bulletin. – 2023. – No. 1 (13). – P. 10-15.
4. Golovin E. A., Novikov V. N. On the activities of the Commissioner for the Protection of Entrepreneurs’ Rights in the Kursk Region // State and Society: Yesterday, Today, Tomorrow. – 2016. – No. 15 (3). – P. 42-50.
5. Golovko A. A., Lilikova O. S. Protection of the rights of entrepreneurs: foreign and Russian experience of business ombudsmen // E-Scio. – 2019. – No. 10 (37). – P. 577-582.
6. Magomedova M. A., Kaitmazov Z. K. Participation in the arbitration process of the Commissioner for the Protection of Entrepreneurs’ Rights in the Russian Federation // Legal Bulletin of the Dagestan State University. – 2020. – Vol. 33, No. 1. – P. 128-132.
7. Mekhdiev M. E. O. Problems of protecting the rights of business entities and ways to solve them // International Journal of Humanities and Natural Sciences. – 2024. – No. 4-2 (91). – P. 43-46.
8. Plakhova E. S. Reports of commissioners for the protection of entrepreneurs’ rights in the constituent entities of the Russian Federation and their impact on the development of legislation on entrepreneurial activity // News of higher educational institutions. Volga region. – 2024. – No. 3 (71).- P. 103-111.
9. Plakhova E. S. Legal analysis of the appeal to the Commissioner for the Protection of Entrepreneurs’ Rights as a way of protecting the rights of business entities // Prologue: journal on law. – 2024. – No. 2. – P. 39-48.
10. Ryabov A. A. Commissioners for the Protection of Entrepreneurs’ Rights as third parties in arbitration proceedings // Judge. – 2021. – No. 8. – P. 9-12.
CIVIL LAW
KINDEEV Vladislav Olegovich
postgraduate student of Entrepreneurial and corporate law sub-faculty, of the O. E. Kutafin Moscow State Law University (MSAL)
CHALLENGING THE MARRIAGE CONTRACT OF AN INSOLVENT DEBTOR – INDIVIDUAL ENTREPRENEUR
The article is devoted to challenging the marriage contract of an insolvent debtor – individual entrepreneur. The article considers the issues of opposability of the terms of the prenuptial agreement to creditors, the procedure of implementation of the right to challenge the prenuptial agreement and the consequences of invalidity of the prenuptial agreement. Legal consequences of invalidity of transactions of an insolvent debtor – individual entrepreneur are determined. Special attention is paid to the relative invalidity of transactions of an insolvent debtor. Also analyzed is the actual court practice on the issue of contesting transactions of an insolvent debtor and assessed the formed legal positions. As a result, conclusions were drawn on the necessary directions for improving the legislation on challenging transactions of an insolvent debtor.
Keywords: competitive challenge, non-competitive challenge, insolvency, prenuptial agreement, invalidity, individual entrepreneur.
Bibliographic list of articles
1. Genkin D. M. Relative invalidity of transactions // Bulletin of civil law. – 2014. – V. 14, No. 4. – P. 190-220.
2. Kantor N. E. Imaginary owner: issues of legal qualification // Law. – 2024. – No. 2. – P. 37-52.
3. Osmanova D. O. Opposability of the terms of the marriage contract to the interests of the founders (participants) of a business entity // Business and Law. – 2023. – No. 1. – P. 54-74.
4. Frolov I. V. On the formation of an effective model of joint bankruptcy of spouses in the Russian jurisdiction // Law and Economics. – 2022. – No. 1. – P. 24-31.
5. Shishmareva T. P. Features of challenging in insolvency (bankruptcy) procedures of transactions of a debtor-citizen // Entrepreneurial law. Appendix “Law and Business”. – 2018. – No. 3. – P. 39-44.
CIVIL LAW
LYSENKO Nelly Alexeevna
master in law, senior lecturer of Linguistics and foreign languages sub-faculty, Rostov branch, V. M. Lebedev Russian State University of Justice
INCLUSIVE EDUCATION REGULATORY FRAMEWORK IN AN EDUCATIONAL ESTABLISHMENT
The article presents an analysis of the main sources of law that form the regulatory framework for inclusive education. The role of the Constitutional Court in determining the main direction of development of inclusive education in accordance with the norms of the Constitution of the Russian Federation is noted. The fundamental importance of constitutional norms as the most significant source of law in this area is affirmed. The main directions of legal regulation of inclusive education are determined by the Federal Law “On Education in the Russian Federation”, which is currently being widely amended and supplemented taking into account the higher level of development of educational legal relations. An improvement in the quality of legal technology in the creation of new norms and changes in the old ones in terms of regulating relations in the field of inclusive education are mentioned. A positive trend is the change in the conceptual and categorical apparatus. Some problems related to the implementation of the right to receive general education by children with disabilities are distinguished, as well as the need to increase the level of its accessibility using distance technologies and the corresponding change in legal norms in order to provide children with disabilities with special technical means that facilitate the development of general education programs. The example of Rostov region reveals the role and responsibility of regional authorities in increasing the availability of general education for children with special needs and disabled children. It is the regions that must adopt the relevant regulations that specifically regulate the legal relations in question, taking into account the social and economic characteristics of the regions of the Russian Federation.
Keywords: inclusive education, general education, social rights, right to education, children with disabilities, disabled children.
Article bibliography
1. Baboshina E. V., Guseynova I. S., Popova E. Yu. Legal basis for inclusive education in the constituent entities of the Russian Federation // Education and Law. 2024. No. 5.
2. Berezovsky A. S. Types of social guarantees in the Russian Federation // Economy and Society. 2020. No. 5-1 (7).
3. Biryukova E. V., Biryukova K. O., Ezhova I. S., Karpacheva G. V. Problems and prospects for the development of distance learning for children with disabilities // Pedagogy and psychology as a resource for the development of modern society. Proceedings of the XI International Scientific and Practical Conference dedicated to the 70th anniversary of the Department of Psychology of the Ryazan State University named after S. A. Yesenin / Ed. L. A. Baykova. Ryazan: Ryazan State University named after S. A. Yesenin, 2019.
4. Dzhamaludinova Z. G. Distance learning for children with disabilities using multimedia resources // Pedagogical experience: from theory to practice. Proceedings of the All-Russian Scientific and Practical Conference. Cheboksary: Limited Liability Company “Center for Scientific Cooperation” Interactive Plus “, 2023.
5. Kuznetsova N.A., Litvin K.S., Fadeev A.A. The Problem of Accessibility of Education for the Hearing and Visually Impaired in Russia // Modern Science, 2020. No. 12-1.
6. Luzhnykh I.V., Amosova V.G. Organization of Distance Learning for Children with Disabilities in a Comprehensive School // VII All-Russian Scientific and Practical Internet Conference “Theory and Practice of Distance Learning for Students and Young People with Disabilities.” Collection of materials. – Kemerovo, State educational institution “Kuzbass Education Center”.
CIVIL LAW
MASLOV Konstantin Alexandrovich
magister student of the 2nd course, Law Faculty, Financial University under the Government of the Russian Federation
THE CONCEPT OF SHARING AND ITS CONSOLIDATION IN RUSSIAN CIVIL LEGISLATION
The relevance of the research topic is related to the fact that in modern Russia the “sharing” economy is actively gaining popularity and is becoming more widespread, which in other countries can already be called a traditional institution, whereas in the Russian Federation society is only taking the first steps in this direction. The purpose of the scientific article is to determine the possibility and necessity of in-depth reflection of the concept of sharing in the civil legislation of Russia, for which the essence of sharing, its mechanism, as well as existing contractual structures in domestic civil legislation are analyzed. As a result, a conclusion is drawn about possible ways to improve civil law regulation. The scientific and practical significance of this research consists in an attempt to adapt the content of the Civil Code of the Russian Federation to the changing external environment and behavior of participants in civil turnover. The value of the research conducted lies in the fact that it draws the author’s conclusions on the relevant areas of development of Russian civil legislation, which can be adopted in the course of further scientific and legislative activity.
Keywords: sharing, shared consumption, shared use, civil law, contract, rental
Bibliographic list of articles
1. Karpeev O. V., Yashnova S. G. Legal nature of the agreement on the transfer of temporary possession and use of personal mobility equipment (using an electric scooter as an example) // Jurist. – 2022. – No. 1. – P. 44-48.
2. Kireeva N. S. Preferences of users of property sharing servicesy: results of the study of search query statistics // Monitoring public opinion: economic and social changes. – 2021. – No. 4. – P. 258-274.
3. Komissarova S. V. Legal nature of an online rental agreement using carsharing as an example // Law and State: Theory and Practice. – 2022. – No. 8 (212). – P. 30-32.
4. Kurganov V. V. Legal regulation of a carsharing agreement: qualification issues // Transport law. – 2024. – No. 2. – P. 23-25.
5. Semenov Ya. I., Vinogradova I. M., Klimenko A. V. On the issue of the regulatory framework for sharing in Russia in the context of civil law. [Electronic resource]. – Access mode: https://naukaip.ru/wp-content/uploads/2019/06/MK-572-3.pdf (access date: 01/22/2025).
CIVIL LAW
MATVEEV Konstantin Sergeevich
postgraduate student of Public law and digital law sub-faculty, Moscow Financial and Industrial University “Synergy”
THE RESPONSIBILITY OF MEDICAL ORGANIZATIONS FOR HARMING THE HEALTH OF PATIENTS: JUDICIAL PRACTICE AND TRENDS
This article is devoted to the analysis of judicial practice and identified trends in the field of responsibility of medical organizations for harm to the health of patients. The study examines various aspects of the legal regulation of medical activity, the emphasis is on the criteria for establishing a causal relationship between the actions (inaction) of medical professionals and the negative consequences for the health of patients. The analysis includes the study of court decisions in cases of medical errors, improper provision of medical care, violation of standards of medical care, as well as the role of medical documentation in establishing guilt and determining the amount of compensation. Special attention is paid to the problems of proof in such disputes, the difficulties in examining medical cases, as well as the role of health insurance in minimizing risks for medical organizations. Based on the analysis of numerous court cases, a comparative analysis of the judicial practice of various courts is carried out and the most common mistakes of medical organizations and their employees leading to liability are identified.
Keywords: medical responsibility, medical error, injury to health, medical examination, evidence, compensation for moral damage.
Bibliographic list of articles
1. Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-FZ (as amended on August 8, 2024, as amended on October 31, 2024) // Collected Legislation of the Russian Federation. – December 5, 1994. – No. 32. – Art. 3301.
2. Federal Law of November 21, 2011 No. 323-FZ (as amended on December 28, 2024) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” // Collected Legislation of the Russian Federation. – November 28, 2011. – No. 48. – Art. 6724.
3. Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2022 No. 33 “On the practice of applying the rules on compensation for moral damage by the courts” // Rossiyskaya Gazeta. – 11/25/2022. – No. 267.
4. Baibak V. V. The relationship between contractual and tort liability in medical practice // Medicine and Law. – 2012. – No. 3. – P. 28-35.
5. Potseluev E. L., Gorbunov A. G. Civil liability for improper medical care // Science. Society. State. – 2016. – No. 4 (16). – P. 20-32.
6. Vladimirova A. V. Current issues and problems of compensation for moral damage caused during the provision of medical care, and ways to solve them // Young scientist. – 2017. – No. 44. – P. 107-109.
CIVIL LAW
MELIKYAN Albert Spartakovich
postgraduate student, Private Law (Civil) Sciences, Faculty of Law, Moscow Financial and Industrial University “Synergy”
SIMONYAN Gor Mgerovich
postgraduate student, Private Law (Civil) Sciences, Faculty of Law, Moscow Financial and Industrial University “Synergy”
PRIVATE LAW ASPECTS IN THE FIELD OF EDUCATION
The article is devoted to the implementation of private law in the educational system of the Russian Federation, discusses the regulation of educational relations by the norms of private law, discusses controversial issues in the provision of educational services.
Keywords: private law relations, education, legal regulation, legal relations, education agreement, educational service.
Article bibliography
1. Bulygin A. S., Samsonova N. V. Risks in the activities of educational organizations: organizational and legal aspects // Scientific dialogue. – 2018. – No. 1. – P. 222-230.
2. Zenkova M. A. Administrative and legal regulation of the activities of the education system in the Russian Federation // Bulletin of the Ural Institute of Economics, Management and Law. – 2016. – No. 3. – P. 85-90.
3. Kazakov V. P., Revnova M. B. Features of theagreements on the provision of educational services // Legal Thought. – 2001. – No. 5. – P. 46-51.
4. Kalandarishvili Z. N., Kochisov Ch. V. Legal support for pedagogical education // Territory of Science. – 2015. – No. 6. – P. 160-163.
5. Syrykh V. M. Educational services and educational legal relations: controversial views and actual content // Journal of Russian Law. – 2017. – No. 4. – P. 69-79.
6. Khodyrev P. M., Khodyreva E. A. Compensation for damage caused to university students by poor-quality education: prospects for legislative regulation // Bulletin of Udmurt University. – 2011. – No. 4. – P. 160-165.
7. Tsyplakova S. A., Bystrova N. V., Goselbakh O. I. Normative-legal regulation in the field of educational activities // Innovative economy: prospects for development and improvement. – 2019. – No. 4 (38). – pp. 105-110.
CIVIL LAW
SERGEEV Roman Borisovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
A STUDY OF THE STRATEGY FOR MANAGING THE CONFIDENTIALITY OF THE SECURITY OF DIGITAL INFORMATION IN THE JUDICIAL ARCHIVE
The Internet and digital information technologies have changed management in all industries. The amount of work involved in managing court archives is huge, and the confidentiality of information is extremely high. If digital information management methods are applied to the management of court archives, work efficiency can be significantly improved, and a higher level of confidentiality and security is ensured compared to traditional methods of information management and preservation. Only by ensuring the security and confidentiality of information in judicial archives can judicial archives be managed in a more standardized and efficient manner, which will be discussed in this article.
Keywords: confidentiality, security, digital information, judicial archive.
Article bibliography
1. Likholetov V.V., Pestunov M.A. Pseudo-innovations and conflicts of interest in the innovation sphere of modern Russia as a threat to national security // Management in modern systems. 2020. No. 4 (28). P. 89-99.
2. Shumkin E. M. Managerial activity of the actor as a potential for conflict of interest: a convergent approach // Bulletin of Perm University. Philosophy. Psychology. Sociology. 2020. No. 1. P. 152-161.
3. Kapinus O. S. Legal problems of preventing conflicts of interest in the public administration system // Journal of Foreign Legislation and Comparative Law. 2018. No. 3. P. 15-19.
4. Okhotsky E. V. The concept of “conflict of interest” in the administrative law of the Russian Federation // Law and Management. XXI century. 2019. No. 4 (53), T 19. P. 118-129.
5. Ermakova E. P., Frolova E. E. Artificial Intelligence in Civil Proceedings and Arbitration: Experience of the USA and China. Monograph. Moscow: Yurlitinform Publishing House, 2021.
6. Ermakova E. P. Stages of Court Informatization in China: Versions 1.0, 2.0, 3.0 and 4.0 // Eurasian Law Journal. 2022. No. 10 (173). P. 43-47.
7. Ermakova E. P. China’s Experience in Implementing Artificial Intelligence Technologies in the Practice of State Courts // Economic Justice in the Ural District. 2022. No. 4 (64). P. 94-102.
8. Ermakova E. P., Frolova E. E. Dispute resolution and artificial intelligence: pros and cons, Prospects and problems of development of arbitration proceedings in Russia // Collection of articles based on materials of a scientific and practical conference with international participation. 2020. pp. 29-36.
CIVIL LAW
SVETLICHNY Artur Vladimirovich
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
INNOVATIONS IN THE LEGAL REGULATION OF LIABILITY OF TRANSPORT ORGANIZATIONS ON THE TRANSPORTATION OF PASSENGERS AND LUGGAGE IN DIRECT MIXED TRAFFIC
This work is a study of some innovations in the legal regulation of liability of transport organizations in the carriage of passengers and baggage in direct mixed traffic, as well as the establishment of differences in the legal regulation of liability in connection with their introduction. The study is based on the analysis of the provisions of the new Federal Law, current legislation and modern trends in the transport sector. The work examines in detail the existing model of legal regulation of liability, various approaches to determining the responsible person. Particular attention is paid to the provisions of the new Federal Law regulating the sphere of direct mixed transportation and their relationship with current legal norms. The author analyzes in detail the distribution of liability when establishing the stage of transportation at which the corresponding damage was caused. Based on the analysis, the work concludes about the expected positive effect of the adoption of the new Federal Law, the need to analyze the practice of its application, in particular in the issue of fair distribution of the burden of liability among transport organizations engaged in transportation in direct mixed traffic.
Keywords: transportation, direct mixed traffic, combined transport, liability of transport organizations, railway transport.
Article bibliography
1. Civil Code of the Russian Federation (part two): from 26.01.1996 N 14-FZ (as amended and supplemented, entered into force on 01.01.2022). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Federal Law of August 8, 2024 No. 288-FZ “On Direct Multimodal Transportation and Amendments to Certain Legislative Acts of the Russian Federation” // SPS ConsultantPlus.
3. Inland Water Transport Code of the Russian Federation of March 7, 2001 No. 24-FZ (as amended on August 8, 2024) (as amended and supplemented, entered into force on September 1, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Federal Law “Charter of Railway Transport of the Russian Federation” dated January 10, 2003 N 18-FZ. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
5. Anoshin S. The Law on Direct Mixed Transportation Adopted // Advocate Newspaper. [Electronic resource]. – Access mode: https://www.advgazeta.ru/ag-expert/advices/prinyat-zakon-o-pryamykh-smeshannykh-perevozkakh/ (accessed: 06.02.2025).
6. Khrapach S. Direct Mixed Transportation – Here’s How It Will Work // Behind the Wheel. Travel. [Electronic resource]. – Access mode: https://www.zr.ru/content/news/959185-pryamye-smeshannye-perevozki-v/ (accessed: 06.02.2025).
7. Braginsky M.I., Vitryansky V.V. Contract Law. Contracts for transportation, towing, freight forwarding and other services in the field of transport. – M.: Statut, 2003. – 485 p.
8. Romanov O. E. On the relationship and liability of persons performing transportation in direct mixed traffic // Jurist. – 2023. – No. 8. – 7 p.
9. Egiazarov V. A. Transport law: textbook. – M., 1999. – 95 p.
10. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 17, 2006 No. 9512/05 on case No. A59-2928/04-C8 // SPS ConsultantPlus.
CIVIL LAW
TELIBEKOVA Damira Bakytbekovna
postgraduate student of Legal regulation of economic activity sub-faculty, Law Faculty, Financial University under the Government of the Russian Federation
BORROWER’S OBJECTION AS AN UNCONDITIONAL BASIS FOR REFUSING TO CONVERT UNDER A CONVERTIBLE LOAN AGREEMENT
The article is devoted to the analysis of the legal aspects of the borrower’s objection as an unconditional basis for refusing to convert under a convertible loan agreement. The author comes to the conclusion that the current rules on the possibility of filing an objection by the borrower to the lender’s demand for conversion creates risks of abuse by the borrower and puts the lender at a disadvantage. The problems of the lack of a clear list of grounds for objection are considered. Recommendations are offered for improving the legislation, including establishing an exhaustive list of reasons for refusing to convert in order to maintain a balance of interests of the parties and prevent abuse within the framework of the convertible loan agreement.
Keywords: convertible loan agreement, borrower’s objection, refusal to convert, parties to the agreement, abuse of rights, notary, registrar.
Bibliographic list of articles
1. Ananyev R. V. Convertible loan agreement under Russian civil law: dis. … Cand. of Law. – M., 2024. – P. 194.
2. Bogdanov A. V. Legal regulation of a convertible loan agreement in corporate relations // Ex jure. – 2022. – No. 2. – P. 64.
3. Ermoolenko R. I. Convertible loan agreement: problematic issues and possible solutions // Business. Education. Law. – 2024. – No. 2 (67). – P. 264-269.
4. Ilyushina M. N. Convertible loan: problems of applying the rules on loan transactions in corporate relations // Banking law. – 2023. – No. 1. – P. 19.
5. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University. – 2021. – No. 11 (87). – P. 206.
6. Trofimov I. P. Notarial aspects of considering the borrower’s objections to the convertible loan agreement // Eurasian Advocacy. – 2024. – No. 5 (70). – P. 104.
7. Urbanaeva A. I. Convertible loan agreement: a new legal structure in Russian corporate law // Modern Russian science: topical issuesы, achievements and innovations: collection of articles from the III All-Russian scientific and practical conference. – Penza: Science and Education (IP Gulyaev G.Yu.), 2021. – P. 133-136.
8. Kholodnenko Yu. V., Nazemtsev D. M. Features of increasing the authorized capital of an LLC in pursuance of a convertible loan agreement and state registration of such changes // Notarial Bulletin. – 2022. – No. 1. – P. 20-30.
9. Shitkina I. S. Corporate law in tables and diagrams: a teaching aid. – 4th ed. revised. and additional ed. – M .: Yustitsinform, 2025. – P. 726.
10. Yaroshenko T. V. Preventive function of the notary: topical issues // Bulletin of the Baltic Federal University named after I. Kant. – 2021. – No. 4. – P. 5-12.
CIVIL LAW
TRANKALAN Fedor Ivanovich
postgraduate student of Civil law and process and international private law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF LEGAL REGULATION AND ORGANIZATION OF ACTIVITIES OF ELECTRICITY SECTOR ENTITIES IN RUSSIA, CHINA, AND THE USA
In this article, the author examines the specifics of regulating and organizing the activities of electric power industry entities in Russia, China, and the United States. A legal comparative analysis is carried out through the study of the regulatory framework for the functioning of the electric power industry in these countries, and key differences in approaches to state regulation and market mechanisms are identified. The author analyzes the specifics of the Russian model, characterized by a combination of public law and private law principles, with a predominance of public law mechanisms; the Chinese model, marked by a high level of centralization and state control; and the American model, distinguished by decentralized regulation and a priority on market mechanisms. The article identifies common trends in the development of legal regulation of the electricity sector, related to the strengthening of environmental considerations, ensuring energy security, and the implementation of digital technologies. The research results can be used to improve domestic energy legislation, taking into account international experience.
Keywords: electricity sector, legal regulation, energy legislation, electricity markets, regulation of energy markets.
Bibliographic list of articles
1. Inshakova A. O., Frolova E. E., Marchukov I. P. TNCs as subjects of economic activity and lawmaking in the sphere of Foreign trade in energy resources // Energy sector: a systemic analysis of economy, foreign trade and legal regulations. – Cham, Switzerland: Springer Verlag, 2019. – P. 151-171.
2. Khablak E. V. The system of regulatory legal acts governing the circulation of electric energy and capacity in the wholesale market in modern Russia // Theory and practice of social development. – 2024. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sistema-normativno-pravovyh-aktov-reguliruyuschih-oborot-elektricheskoy-energii-i-moschnosti-na-optovom-rynke-v-sovremennoy-rossii (date of access: 08.03.2025).
3. Varlamova A. N. Competition law and industry commodity markets: electricity market // Competition law. – 2019. – No. 2. – P. 9-13.
4. Epikhina R. A. The role of the electric power industry in the foreign economic expansion of China // Contours of global transformations: politics, economics, law. – 2019. – No. 6. [Electronic resource]. – Access mode: https: // cyberleninka.ru/article/n/rol-elektroenergetiki-vo-vneshneekonomicheskoy-ekspansii-knr (date of access: 03/07/2025).
5. Gaidarzhi K. S. State regulation of the electric power industry in the USA: features of the model and possibilities of reception in Russia // Law and power. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-regulirovanie-elektroenergetiki-v-ssha-osobennosti-modeli-i-vozmozhnosti-retseptsii-v-rossii (date of access: 03/07/2025).
6. Nebolsina I. I. Legal regulation of energy in foreign countries in the XX-XXI centuries // BEREGINYA.777.SOVA. – 2009. – No. 2 (2). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoe-regulirovanie-energetiki-zarubezhnyh-stran-v-hh-xxi-vekah (date of access: 03/07/2025).
7. Jia Shaoxue. Evolution and Prospects for the Development of Chinese Legislation on Foreign Investments // Siberian Legal Review. – 2023. – No. 1. [Electronic resource]. – Access mode: https: // cyberleninka.ru/article/n/evolyutsiya-i-perspektivy-razvitiya-zakonodatelstva-knr-ob-inostrannyh-investitsiyah (date of access: 08.03.2025).
CIVIL LAW
TURTOGTOKH Narantsogt
Master of Law, senior lecturer of the Law Department, Financial and Economic University of Mongolia
AMENDMENT AND REGULATION OF THE SOCIALIST AND DEMOCRATIC CIVIL LAWS OF MONGOLIA
An insurance contract is a type of important civil law contract aimed at preventing any risks and ensuring economic stability. This would be a legal relationship between the insurer and the policyholder, in which the insurer would be responsible for paying insurance compensation in the event of a certain risk. Insurance contracts have become a key tool for ensuring financial security, risk reduction, and economic stability.
The legal regulation of insurance contracts is based on such fundamental principles as freedom to conclude contracts, risk sharing, fairness, trust, and principles of compensation. These principles form the basis for the reliable and effective implementation of insurance contracts and define the rights and obligations between the policyholder and the insurer.
It is believed that the beginning and the system of insurance contractual relations in Mongolia date back to the 1930s. At that time, with the help of the Soviet Union, insurance activities were organized within the framework of a planned economy.
The article examines the specifics of legal relations related to insurance contracts in their understanding, nature and regulatory framework, as well as a comparison of the regulation of insurance contracts in the socialist (1926, 1952, 1963) and democratic (1994, 2002) civil legislation of Mongolia, which allows us to identify development trends and recognize the importance of insurance contracts.
Keywords: insurance. insurance relations, civil law, insurance contract, risk, principles.
Bibliographic list of articles
1. Otgonbayar Ch., Ganbold. C. Insurance law. – Ulaanbaatar, 2005. – P. 8.
2. Martin P. G. William A. E. Philosophy of Law and Legal Theory, 2005. – P. 138.
3. Charles Fox Drafting Contracts. – 1981. – P. 25.
4. Batbayar. B Historical Collection on Civil Law of Mongolia 1206-2012. – P. 25.
5. The Great Explanatory Dictionary of the Mongolian Language, 2002.
6. A Textbook on Insurance Law. – Ulaanbaatar, 2013. – P. 12.
7. Bulletin of the National Commission on Nomenclature No. 107-108. Handbook of Legal Terms. – Ulaanbaatar, 1978. – P. 52, 96, 216, 227.
8. Batbayar. B Historical collection on Civil legal norms of Mongolia. – Ulaanbaatar, 2012.
CIVIL LAW
KHANOVA Zaira Reimanovna
Ph.D. in Law, associate professor of Civil law sub-faculty, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
OSMANOV Garayhan Marisovich
lawyer-consultant of the legal department, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF LEGAL REGULATION OF VIRTUAL PROPERTY IN RUSSIA AND OTHER COUNTRIES
This study examines issues related to the definition of the legal status of virtual property and the regulation of relations arising in the virtual space of the Internet. The rapid development of digital technologies and the proliferation of virtual platforms, including online games, which form new forms of ownership. The analysis of legislative acts of the Russian Federation is carried out. Judicial practice is being conducted in the field of protecting the ownership of virtual objects. Based on a comparative analysis of the legislation of foreign countries, the absence of a single definition of virtual assets and the ambiguity in matters of ownership, etc. has been revealed.
Keywords: virtual objects, virtual property, legal regulation, intellectual property, virtual world.
Article bibliography
1. Skobelev V. Millionaires from the box: how Russians make money on the resale of game items // – Forbes. – 2021.
2. Gasko A. V. Legal defects in the legislative regulation of virtual reality // Actual problems of Russian law. – 2015. – No. 12. – P. 34-40.
3. Ermakova E. V., Pospelova E. S. Problems of protecting the rights of users purchasing virtual objects for real money in multiplayer online games // Electronic journal “Economy, state, society”. – 2014. – No. 4.
4. Kulezin M. A. Real problems of virtual objects // Eurasian advocacy. – 2015. – No. 5. – P.51-53.
5. Novikov I. V. Virtual property: regulation prospects // Issues of Russian justice. – 2019. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/virtualnaya-sobstvennost-perspektivy-regulirovaniya (date of access: 10/28/2024).
6. Perepyolkina Ya. A. Virtual gaming property: prospects for legal regulation // Journal of the Court of Intellectual Propertyintellectual rights. – 2020. – No. 3 (29). – P. 45-59.
7. Perepyolkina Ya. A. Virtual gaming property: prospects for legal regulation // Journal of the Court on Intellectual Rights. – 2020. – No. 3 (29). – pp. 45-59.
CIVIL LAW
KHLAPOTIN Vladislav Yurjevich
postgraduate student of Private law disciplines sub-faculty, Institute of Legislation and Comparative Law under the Government of the Russian Federation
PROBLEMATIC ASPECTS OF PLEDGE OF EXCLUSIVE RIGHTS AS A FORM OF INTELLECTUAL PROPERTY RIGHTS MANAGEMENT
Nowadays, intellectual property plays an increasingly important role as a resource aimed not only at ensuring technological and economic development of its right holder, but also at ensuring the sovereignty of the state from external unfavorable economic influences. One of the factors aimed at leveling the existing regulatory obstacles in the field of innovative technologies and intellectual property market is the formation of a full-fledged institution of lending against the pledge of intellectual property. However, there are a number of problematic issues that objectively hinder the widespread use of pledge of exclusive rights, which will be discussed in this article.
Keywords: intellectual property, exclusive rights, pledge, lending, pledge of exclusive rights.
Bibliographic list of articles
1. Beutel F. K. Experimental Jurisprudence and the Sclencestate Bielefeld. – Berlin: Glesering, 1975. – 404 p.
2. Bryer L. G., Lebson S. J., Matthew D. Asbell. Intellectual Property Strategies for the 21st Century Corporation: A Shift in Strategies and Financial Management // John Wiley Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada, May, 2011. – 322 p.
3. David J. S. Strategies for cost effectively securing and maintaining foreign patent rights. USA – 2009. [Electronic resource]. – Access mode: http://www.lexology.com/2709/author/David_J_Silvia/
4. Knight H.J. Patent Strategy for Researchers and Research Managers, 2nd edition. – New York: John Wiley & Sons, 2001. – 220 p.
5. Outline of the 14th Five-Year Plan (2021-2025) for National Economic and Social Development and Vision 2035 of the People’s Republic of China. [Electronic resource]. – Access mode: https://fujian.gov.cn/english/news/202108/t20210809_5665713.htm.
6. Poltorak A. I., Lerner P. J. Essentials of Licensing Intellectual Property. – New York: John Wiley & Sons, 2004. – 236 p.
7. Simensky M., Bryer L. G., Wilkof N. J. Intellectual Property in the Global Marketplace, Volume 1, Valuation, Protection, Exploitation, and Electronic Commerce, 2nd Edition. – Washington: John Wiley & Sons, 1999. – 620 p.
8. Simensky M., Bryer L. G., Wilkof N. J. Intellectual Property in the Global Marketplace, Volume 2, Country-by-Country Profiles, 2nd edition. – Washington: John Wiley & Sons, 1999. – 552 p.
9. Smith G. V., Parr R. L. Intellectual Property – Valuation, Exploitation and Infringement Damages. – New York: John Wiley & Sons, 2017. – 496 p.
10. Zharova E. V. Pledge of exclusive right to the result of intellectual activity or means of individualization: dissertation … candidate of legal sciences: 12.00.03. – M., 2010. – 206 p.
11. Klishina I. V. Conclusion of an agreement on the pledge of the exclusive right to intellectual property // Property relations in the Russian Federation. – 2013. – No. 4. – P. 94-106.
12. Codification of Russian private law 2019 / Ed. D. A. Medvedev. – M.: Statut, 2019. – P. 159.
13. Krushina O. G. Pledge of exclusive rights: dissertation … candidate of legal sciences: 12.00.03. – M., 2005. – 155 p.
14. Mamadzhanov H. A. Improving approaches to assessing intellectual property // Intellectual rights as a tool for economic development: abstracts of reports of participants in the scientific and practical conference, October 9-10, 2013. – M.: FGBU FIPS, 2013.
15. Maslenkova O. F. Features of lending secured by exclusive rights to intellectual property // Regional Economy. – 2017. – Vol. 13. – P. 1291-1303.
16. Mesyats M. A. Pledge of rights to intellectual property: European experience and opportunities for Russia // Fundamental research. – 2017. – No. 3. – P. 160-165.
17. Novoselova L. A., Grin O. S. Implementation of intellectual property rights as a subject of pledge (procedural aspects) // Bulletin of civil procedure. – 2020. – No. 5. – P. 64-82.
18. Ruzakova O. A. Problems of lending secured by intellectual property rights // Banking law. – 2024. – No. 3. – P. 72-78.
19. Kharitonova Yu. S. Pledge of exclusive rights in the system of methods for ensuring the fulfillment of obligations // Bulletin of Volgograd State University. – 2015. – No. 3 (28). – P. 22-25.
CIVIL LAW
FILYAKOV Ruslan Alexeevich
postgraduate student of Civil law and process and private international law, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
SUPPRESSION (PROHIBITION) OF ACTIONS (ACTIVITIES) THAT POSE A THREAT OF VIOLATION OF THE LAW
The article considers the institution of suppression (prohibition) of actions (activities) that pose a threat of violation of the law. The author examines the legal nature of this institution, its features, as well as doctrinal approaches to its understanding. In particular, the author substantiates that the basis for the implementation of the suppression (prohibition), (activities) that pose a threat of violation of the right is a violation of a legally protected interest. The author also refers to foreign experience in order to study this institution. The researcher considers various approaches to the qualification of the institution under study, for example, as a sanction or protection measure. The author proves the position that the suppression (prohibition) (of activities) that pose a threat of violation of the law is not a sanction, a measure of responsibility or protection (in the understanding of O. A. Krasavchikov), but provides a separate autonomous institution.
Keywords: obligation, sanction, threat, method of protection, preventive measures of protection, civil legislation.
Article bibliography
1. Baibak V. V. New edition of Art. 393 of the Civil Code of the Russian Federation: general rules on compensation for damages caused by breach of an obligation // Law. 2016. No. 8. P. 121-130.
2. Bondarenko S. S. Protection of civil rights in the event of a threat of their violation: author’s abstract. dis. … candidate of legal sciences. St. Petersburg, 2011. 19 p.
3. Bondarenko S. S. Threat of violation of civil rights // Scientific bulletin of the Belgorod State University. Series: Philosophy. Sociology. Law. 2009. No. 2 (57). P. 140-145.
4. Bychkov A. Negative obligations, or obligations with negative content // Legal reference book of the head. 2024. No. 6. P. 39-45.
5. Vasilevskaya L. Yu. Institutions of foreign law in the Civil Code of the Russian Federation: new regulation – new problems // Judge. 2016. No. 10. Pp. 10-13.
6. Gordon V. M. Claim for Interdict. Literary Review. SPb.: Obshchestvennaya Polza, 1913. 24 p.
7. Gribanov V. P. Implementation and Protection of Civil Rights: Monograph. M.: Statut, 2022. 141 p.
8. Civil Law. Actual Problems of Theory and Practice: in 2 volumes / Under the general editorship of V. A. Belov. M.: Yurait Publishing House, 2016. Vol. 2. Pp. 205-212. (525 p.)
9. Ershov O. G. On the Development of the Civilistic Theory of Non-Contractual Relations to Prevent Harm During Construction // Fundamentals of Economics, Management and Law. 2013. No. 2 (8). P. 128-131.
10. Jourdain P. Principles of Civil Liability // Bulletin of Civil Law. 2021. No. 4. P. 212-241.
11. Ioffe O. S. Law of Obligations. Moscow: Legal Literature, 1975. 880
12. Ioffe O. S. Liability under Soviet Civil Law. L.: Leningrad University Publishing House, 1955. 311 p.
13. Krasavchikov O. A. Responsibility, protective measures and sanctions in Soviet civil law // Categories of civil law science: Selected works: In 2 volumes. Moscow: Statut, 2005. Vol. 2. Pp. 255-268.
14. Kuznetsova O. A. On the existence of inter-branch legal sanctions // Law and science in the modern world: collection of materials from the international scientific and practical conference / Ed. R. V. Novikov, A. M. Bobrov. Perm, 2018. P. 117.
15. Kuznetsova O. A. Inter-branch method for studying civil sanctions // Methodological problems of civilistic studies: collection of scientific articles / Ed. A. V. Gabova, V. G. Golubtsova, O. A. Kuznetsova. Moscow: Statut, 2018. Issue 3. P. 216.
16. Malbin D. A. Preventive Function of a Negatory Claim // Actual Problems of Russian Law. 2023. No. 7. P. 86-96.
17. Model Rules of European Private Law / Transl. from English; scientific ed. N. Yu. Rasskazova. Moscow: Statut, 2013. 989 p.
18. Latypov D. N. The System of Methods of Protecting Civil Rights in the Russian Federation: dis. … Doctor of Law. Perm, 2022. 380 p.
19. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language. M.: Azbukovnik, 1999.
20. Arkhipova A. G., Baibak V. V., Gromov S. A., et al. Change of persons in an obligation and liability for breach of an obligation: commentary to Articles 330-333, 380-381, 382-406.1 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. M.: M-Logos, 2022. 1582 p.
21. Em V. S., Zenin I. A., Kozlova N. V. Russian civil law: textbook: in 2 volumes. M.: Statut, 2015.
22. Verb S. A., Dobrynin Yu. E., Illarionova T. I., et al. Soviet civil law: textbook. In 2 volumes / Ed. O. A. Krasavchikova. M.: Higher School, 1985. Vol. 2. 544 p.
23. Stoyakin G. Ya. Merprotection in soviet civil law: diss. … cand. jurid. sciences. Sverdlovsk, 1973. P. 69. (197 p.)
24. Fetisova E. M. Parasitic marketing on the example of sporting events // Bulletin of economic justice of the Russian Federation. 2018. No. 1. P. 152-182.
25. Shishkin S. K. Compensation for harm caused by a source of increased danger: monograph. Vladimir, 2004. 132 p.
26. Youngs R. English, French & German Comparative Law. Third edition. New York, 2014. 701 p.
27. Sintez C. The preferential sanction in the exercise of civil responsibility: these LL.D. Universite de Montreal. 2009. 507 p.
28. Nikolaev R. V. The relationship between an inhibitory claim and a claim to prevent harm as methods of preventive protection // Civil Law. 2024. No. 4.
CIVIL LAW
KHASHAGULGOV Israil Tarkhanovich
postgraduate student, Russian State Academy of Intellectual Property
PROCEDURAL ASPECTS OF BANKRUPTCY OF INDIVIDUALS
The article is devoted to the issues of the subject composition of judicial and extrajudicial bankruptcy of individuals. The purpose of the study is to determine the persons entitled to participate in bankruptcy procedures of individuals. The hypothesis of the study is that the lack of clear legislative regulation of participants in judicial and extrajudicial bankruptcy procedures of an individual causes difficulties in determining the legal status of each of them. The author points out the lack of classification of subjects of the bankruptcy procedure, and, as a consequence, the ambiguous position of the courts on this matter. The methodology of the study includes a set of methods of scientific knowledge – deduction, induction, comparison, analysis, synthesis, abstraction.
As a result of the study, the author comes to the conclusion about the need to change approaches to the subjects of bankruptcy of individuals and consolidate their classification for the purposes of the two existing procedures of the procedure under consideration.
Keywords: bankruptcy, judicial bankruptcy, extrajudicial bankruptcy, entities, individuals, classification.
Bibliographic list of articles
1. Federal Law of 31.07.2020 No. 289-FZ “On Amendments to the Federal Law “On Insolvency (Bankruptcy)” and Certain Legislative Acts of the Russian Federation in Terms of Extrajudicial Bankruptcy of a Citizen” // Rossiyskaya Gazeta, No. 174, 07.08.2020.
2. Federal Law of 26.10.2002 No. 127-FZ (as amended on 26.12.2024) “On Insolvency (Bankruptcy)” (as amended and supplemented, entered into force on 01.03.2025) // Rossiyskaya Gazeta, No. 209-210, 02.11.2002.
3. Civil Code of the Russian Federation (part one) dated 30.11.1994 No. 51-FZ (as amended on 08.08.2024, as amended on 31.10.2024) // Rossiyskaya Gazeta, No. 238-239, 08.12.1994.
4. Arbitration Procedure Code of the Russian Federation dated 24.07.2002 No. 95-FZ (as amended on 28.12.2024) // Collected Legislation of the Russian Federation, 29.07.2002, No. 30, art. 3012.
5. Mezhgikhova D. M., Zumakulova Z. A. Extrajudicial bankruptcy of individuals under the legislation of the Russian Federation // Scientific News. – 2022. – No. 12 (53). – P. 54-62.
6. Shabayan V. S., Stanislavov P. D. Extra-judicial bankruptcy of individuals // Modern problems of jurisprudence in the context of global challenges and transformation processes: theory and practice: Proceedings of the All-Russian scientific and practical conference with international participation of faculty, graduate students and students, Simferopol, April 17-18, 2024. – Simferopol: Crimean Federal University named after V. I. Vernadsky, 2024. – P. 342-345.
7. Andreeva N. A. Extra-judicial bankruptcy of individuals // Academic journalism. – 2025. – No. 1-2. – P. 242-249.
8. Resolution of the Eighteenth Arbitration Court of Appeal dated 02/25/2020 No. 18AP-1664/2020 in case No. A07-36210/2019. [Electronic resource]. – Access mode: https://kad.arbitr.ru/ (date of access: 03/01/2025).
9. Resolution of the Seventeenth Arbitration Court of Appeal dated 11/25/2021 No. 17AP-8025/2019(10)-AK in case No. A60-63955/2017. [Electronic resource]. – Access mode: https://kad.arbitr.ru/ (date of access: 01.03.2025).
10. Resolution of the Plenum of the Supreme Court of the Russian Federation of 13.10.2015 No. 45 (as amended on 17.12.2024) “On certain issues related to the introduction of procedures applied in cases of insolvency (bankruptcy) of citizens” // Bulletin of the Supreme Court of the Russian Federation, No. 12, December, 2015.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
THE LEGAL BASIS AND LIST OF DOCUMENTS OF THE SUPPLIER FOR MEDICAL DEVICES – IMPLANTS PROVIDED BY THEM TOGETHER WITH THE GOODS TO THE PLASTIC SURGERY CLINIC
The article discusses the concept and essence of implants. It has been established that implants belong to medical devices, therefore they are subject to state registration. The procedure for state registration of implants and their inclusion in the relevant register is disclosed. A registration certificate means that the state authorities recognize the quality, effectiveness and safety of a medical device. Without this document, a medical device cannot be transferred to a plastic surgery clinic and used by it. It is noted that the responsibility for the negative consequences of using a registered implant lies not with the doctor who is the user of the medical device, provided that it is used strictly according to the instructions, but with the authorized body that registers the medical device. To regulate the status of artificial organs and human tissues, it is proposed to adopt a Federal law «On the circulation of medical devices».
Keywords: implants, medical devices, registration, testing, body.
Article bibliography
1. Anisimov A. V. Civil-legal status of cyber-physical systems before and after implantation into the human body // Bulletin of the O. E. Kutafin University (MSAL). – 2021. – No. 11 (87). – P. 144-150.
2. A. A. Ayanov The role of medical devices and ensuring safety in the healthcare system // Student. – 2021. – No. 18-4 (146). – P. 41-44.
3. Balakireva K. V. Legal status of the implant in the Russian Federation // Medicine and Healthcare: Proc. VI Int. sci. conf. (Kazan, March 2018). – Kazan: Young scientist, 2018. – P. 51-53.
4. Evseev E. F. Legal status of the human body and its parts // Advocate. – 2010. – No. 6. – P. 34-40.
5. Kochetkov P. V., Plyusnina O. M. Features of state control over the import and registration of medical devices // Social Science and Social Psychology. – 2022. – No. 11 (41). – P. 406-414.
6. Chubirko M. I., Kosolapov V. P., et al. Current state of the problem of registration of medical devices and their operation in the Russian Federation // Bulletin of new medical technologies. – 2021. – Vol. 28, No. 4. – P. 124-128.
7. Sharikadze D. T., Tarasenko O. A., Fomina N. M. Normative regulation of registration of medical devices in the Russian Federation: basic requirements and procedures // Product quality control. – 2019. – No. 4. – P. 5-7.
CIVIL LAW
ANDRUSHCHENKO Ivan Sergeevich
magister student of Civil law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
EVALUATION OF COMPULSORY LICENSE FROM THE POSITION OF NON-LEGAL METHODOLOGY: ETHICAL AND ECONOMIC ASPECTS
In the article the author makes an attempt to assess the institution of compulsory license from the standpoint of non-legal methodology. In particular, emphasis is placed on ethical and economic aspects, which will allow a deeper understanding of the integrity of the mechanism under consideration and its impact on social relations. By examining how ethical principles interact with economic incentives, the article seeks to explore whether this institution can effectively balance private and public interests in intellectual property. In addition, the study emphasizes the importance of considering interdisciplinary aspects, as rigid adherence to a purely legal or economic framework may fail to reflect broader societal implications. Particular attention is paid to cases where compulsory licensing serves as a balancing tool to prevent monopolistic abuse of rights and to ensure equitable access to essential resources such as life-saving medicines, especially in extraordinary circumstances such as pandemics or national crises. Thus, the article not only provides theoretical insights but also emphasizes the practical significance of integrating ethical imperatives and economic efficiency in an evolving legal landscape.
Keywords: compulsory license, intellectual rights, intellectual property law, philosophy, philosophy of law, ethics, economics, economic analysis of law.
Bibliographic list of articles
1. Ariely D. Predictable Irrationality: The Hidden Forces That Shape Our Decisions. – Moscow: Alpina Publisher, 2010.
2. Vasiliev V. A. A. Schopenhauer on the Foundations of Morality // Social and Humanitarian Knowledge. – 2013. – No. 4.
3. Vorozhevich A. S. Boundaries and Limits of the Exercise of Copyright and Related Rights. – Moscow: Statut, 2020.
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8. Puchinina M. M. Condition for granting a compulsory license for the use of a dependent invention // Actual problems of Russian law. – 2021. – Vol. 16, No. 11.
9. Sinitsyn S. A. Abuse of law: from general to specific (on the example of patent rights) // Bulletin of civil law. – 2022. – No. 6.
10. Sinitsyn S. A. Economic analysis of law and its place in civilistic methodology // Law. Journal of the Higher School of Economics. – 2017. – No. 2.
11. Spiridonova N. B. Structure of exclusive right: dis. – Moscow state University named after M. V. Lomonosov, 2022.
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16. Mercuro N., Medema S.G. Economics and the Law: From Posner to Post-Modernism and Beyond. 2nd ed. Princeton University Press, 2006.
17. Merges R. P. Justifying Intellectual Property. – Harvard University Press, 2011.
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20. Vawda Y. A. Compulsory licenses and Government Use: challenges and opportunities // Access to Medicines and Vaccines: Implementing Flexibilities Under Intellectual Property Law. – 2022.
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CIVIL PROCEDURE
AGARONYAN Edmon Amayakovich
postgraduate student of Civil process sub-faculty, Saratov State Law Academy
ON DEFINING THE ESSENCE AND IMPORTANCE OF LEGAL CATEGORY “COURT RULING”
The article deals with the issue of understanding the meaning of the legal category “court ruling”. The author analyzes the existing doctrines concerning this issue, reflecting different scientific approaches to define the legal nature and essence of this procedural institution. The author makes the conclusion that a court ruling in a civil case is as well as what acts should be considered court rulings.
Keywords: court ruling in civil cases, legal essence of a court ruling, court ruling function, procedural court acts, justice in the civil cases.
Article bibliography
1. Course of civil proceedings (work by K. Malyshev): textbook. – St. Petersburg: Type. M. M. Stasyulevich, 1876. – Vol. 1. – 444 p.
2. Golmsten A. Kh. Textbook of Russian civil proceedings. – 3rd ed., corrected. and add. – St. Petersburg: Type. D. V. Chiginadze, 1899. – 421 p.
3. Nefedyev E. A. Civil procedure. – M.: Tipo-lithography V. Richter, 1900. – 462 p.
4. Engelman I. E. Course of Russian civil proceedings. – 3rd ed., corrected. and add. – Yuryev: Type. K. Matthiesen, 1912. – 632 p.
5. Vas’kovsky E. V. Textbook of civil procedure. – 2nd ed., revised. – M.: Publishing house of the Bashmakov brothers, 1917. – 429 p.
6. Civil procedure of Russia / Ed. M. A. Vikut. – M.: Jurist, 2004. – 459 p.
7. Rassakhatskaya N. A. Acts of civil proceedings in the mechanism of protection of subjective rights. Modern problems of jurisprudence / Ed. A. V. Tsikhotsky. – Novosibirsk: Publishing house of the Siberian University of Consumer Cooperation, 1999. – 236 p.
8. Civil procedure: textbook. – 2nd edition, revised and enlarged. / Ed. by M. K. Treushnikov (author of the chapter – M. K. Treushnikov). – M .: Gorodets, 2007. – 672 p.
9. Bezrukov A. M. Judicial power and judicial acts in civil cases // Russian yearbook of civil and arbitration procedure. – 2003. – No. 2. – P. 15-19.
10. Shirokopoyas Yu. A. Acts of the court of general jurisdiction on the termination of proceedings on a case without adopting a judicial decision: dis. … Cand. of Law. – Krasnodar, 2006. – 173 p.
11. Chechot D. M. Selected works on civil procedure. – SPb.: Publishing House of St. Petersburg State University, 2005. – 616 p.
12. Samsonova L. S. Application of the norms of civil procedural law: author’s abstract. diss. … candidate of legal sciences. – Sverdlovsk, 1982. – 18 p.
13. Tkachev N. I. Legality and validity of court decisions in civil cases: diss. … candidate of legal sciences: – Saratov, 1987. – 204 p.
14. Yudelson K. S. Soviet citycivil process. – M.: Gosyurizdat, 1956. – 439 p.
15. Rozhkova M. A. Judicial act and the dynamics of obligations. – M.: Statut, 2003. – 140 p.
16. Minasyan G. M. The meaning of the term “Court decision in civil proceedings” // Education and Law. – 2020. – No. 2. – P. 47-49.
17. Starovoitova N. D. Acts of courts of general jurisdiction: legal nature and distinctive features // Innovations. Science. Education. – 2020. – No. 18. – P. 334-340.
CIVIL PROCEDURE
WANG Wei
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL REGULATION OF CIVIL PROCEEDINGS INVOLVING FOREIGN PERSONS IN INTERNET-RELATED CASES IN CHINA
In today’s globalized world, the number of civil and commercial disputes involving foreign parties and arising from internet-related activities is on the rise. In response to these developments, this article examines the legal framework governing civil proceedings with the participation of foreign entities in the People’s Republic of China (PRC). The analysis covers key aspects such as alternative dispute resolution mechanisms, the filing of applications for interim relief, adherence to evidentiary rules, jurisdictional determinations, and the protection of personal data and information. By referencing pertinent Chinese legal provisions, the article aims to provide a comprehensive exploration of strategies for effectively identifying and mitigating legal risks in civil disputes involving foreign entities – particularly in the context of e-commerce – when such disputes are adjudicated in China’s specialized internet courts.
Keywords: civil proceedings, foreign parties, online judicial proceedings, data protection, personal information, e-commerce, Chinese legal framework, jurisdiction, interim relief, cross-border data transfer, internet courts.
Bibliographic list of articles
1. 《中华人民共和国民事诉讼法》, dated 2024. – [Electronic resource]. – Access mode: https://fgw.sh.gov.cn/cmsres/06/0636fa9e785b423d8de9c95fffe9a047/40095bcafb5d443fc967884dd589bf55.pdf (Original in Chinese)
2. 《人民法院调解平台操作手册(平台整体架构、线上调解运行流程、平台功能介绍与操作介绍)》 – People’s Daily Online. – [Electronic resource]. – Access mode: http://download.people.com.cn/dangwang/one16462001311.pdf. (Original in Chinese)
3. 2021 – [Electronic resource]. – Access mode: https://www.chinacourt.org/law/detail/2021/02/id/150234.shtml (Original in Chinese)
4. Newspaper, 2021 – [Electronic resource]. – Access mode: https://www.gz.gov.cn/attachment/0/66/66290/7211945.pdf (Original in Chinese)
5. 《中华人民共和国个人信息保护法》, 2021 – [Electronic resource]. – Access mode: https://www.gov.cn/xinwen/2021-08/20/content_5632486.htm (Original in Chinese)
6. 《中华人民共和国数据安全法》, 2021 – [Electronic resource]. – Access mode: http://www.npc.gov.cn/npc/c2/c30834/202106/t20210610_311888.html (Original in Chinese)
7. State University of China – State Internet Information Administration of the People’s Republic of China. – [Electronic resource]. – Access mode: https://www.gov.cn/zhengce/zhengceku/2022-07/08/content_5699851.htm (Original in Chinese)
8. State University of China – State Internet Information Administration of the People’s Republic of China. – [Electronic resource]. – Access mode: https://www.gov.cn/gongbao/content/2023/content_5752224.htm (Original in Chinese)
9.国家互联网信 息办公室湾区(内地、香港)个人信息跨境流动标准合同实施指引》 – State Administration for Internet Information Affairs of the People’s Republic of China, Bureau of Innovation, Technology and Industry of Hong Kong. – [Electronic resource]. – Access mode: https://www.cac.gov.cn/2023-12/13/c_1704042786237103.htm (Original in Chinese)
10. 《全国跨境电商主体超12万家,建设海外仓超2500个》 – People’s Daily Online (02nd issue, June 04, 2024). – [Electronic resource]. – Access mode: http://paper.people.com.cn/rmrb/html/2024-06/04/nw.D110000renmrb_20240604_3-02.htm (Original in Chinese)
11. Begichev A. V. Notaries in the 21st century: traditions and digital technologies. – Moscow: Prospect Limited Liability Company, 2024. – 160 p. – ISBN 978-5-392-40569-5. – EDN ZEDTAP.
12. Rusakova E. P., Wang W. A new milestone in civil proceedings involving foreign persons in the PRC // Arbitration and civil procedure. – 2024. – No. 5. – P. 48-51. – DOI 10.18572/1812-383X-2024-5-48-51. – EDN HFSABT.
13. Rusakova E. P., Chernysheva T. A. “ZHI System” – “a new milestone” in the protection of copyright and related rights in the Guangzhou Internet Court // Eurasian Law Journal. – 2023. – No. 5 (180). – P. 93-96. – EDN LFSJYS.
14. Frolova E. E., Berman A. M. Methods of expression of the will of the parties in the context of digital transformation: current trends in law enforcement // Pravo. Journal of the Higher School of Economics. – 2024. – No. 3. – P. 57-83. – DOI 10.17323/2072-8166.2024.3.57.83. – EDN CZYVCM.
15. Frolova E. E., Kupchina E. V. Digital tools for protecting intellectual property rights: on the example of blockchain and artificial intelligence // Bulletin of Perm University. Legal sciences. – 2023. – No. 61. – P. 479-498. – DOI 10.17072/1995-4190-2023-61-479-498. – EDN FWYEIP.
CIVIL PROCEDURE
GOROBIY Alexander Olegovich
postgraduate student of Civil process sub-faculty, M. V. Lomonosov Moscow State University, Leading Legal Advisor of the Expert Analytical Department of the State Corporation “Deposit Insurance Agency”
COMPARATIVE ANALYSIS OF TYPES OF VERIFICATION OF THE LEGALITY OF JUDICIAL ACTS THAT HAVE ENTERED INTO LEGAL FORCE IN CIVIL PROCEEDINGS IN GERMANY AND RUSSIA
In all legal systems, the reason for opening proceedings to verify judicial acts that have entered into legal force is the complaint and, in some cases, the passing of specific steps of pre-trial verification. The presence or absence of specific ‘filters’ for the complaints received by the supreme court makes it possible to classify these proceedings and identify their features. The German regulation of revision (the German analogue of cassation) proceedings is unique in this context and shows features not typical for other legal systems, which may be useful for the Russian justice system
Keywords: audit proceedings, notified cassation, authorised cassation, intermediated cassation, immediate cassation, direct cassation, consecutive cassation, revision complaint, admission.
Article bibliography
1. Borisova E. A. Cassation in civil cases: monograph. – M.: Publishing House “Gorodets”. – M., 2020.
2. Goroby A. O. Admission to revision proceedings in civil proceedings in the Federal Republic of Germany // Legislation. – 2025. – No. 1. – P. 55-61.
3. Sakhnova T. V. Course of civil procedure. – 2nd ed., revised and enlarged. – M.: Statut, 2014.
4. Kissel O. R.: The legal basis for the legal proceedings: an article on the global justification reform. – Frankfurt am Main, 1972.
5. Krüger W. Munich Commentary on civil procedure. – 6th edition, 2020.
6. Nassall W. Nichtzulassungsbeschwerde and Revision. – Munich, 2018.
7. Rapp J. P. Revision, Cassation, Final Appeal – Letztinstanzliche Zivilverfahren zwischen Individualrechtsschutz und Rechtsfortbildung. – Freiburg, 2024.
CIVIL PROCEDURE
KOTOV Ivan Andreevich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
INSTITUTE OF JUDICIAL FORFEIT IN INSOLVENCY (BANKRUPTCY) CASES: PROCEDURAL ISSUES OF REALIZATION
This article is devoted to the study of procedural issues of implementation of the institution of judicial forfeit in insolvency (bankruptcy) cases based on the analysis of court practice. The author concludes that it is permissible to impose a judicial penalty in favor of the bankruptcy estate for non-execution of the arbitration court’s ruling on the reclamation of documents (information) from persons who, in accordance with the law, are obliged to hand over the reclaimed evidence. In conclusion of the conducted research also formulated a conclusion on the admissibility of simultaneous application to the obliged person who does not fulfill the judicial act, liability in the form of a judicial fine and judicial penalty.
Keywords: bankruptcy, demand for evidence, forfeit, court penalty, astreinte, judicial fine.
Article bibliography
1. Dubet E.K., Stupina S.A. Ruling on the reclamation of evidence in a bankruptcy case: issues of appeal and execution // Modern law. – 2020. – No. 8. – P. 72-76.
2. Arkhipova A. G., Baibak V. V., Gromov S. A., et al. Change of persons in an obligation and liability for breach of an obligation: commentary to Articles 330-333, 380-381, 382-406.1 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. – M .: M-Logos, 2022. – 1582 p.
3. Fioshin A. V. On the legal nature of astrent // Bulletin of civil procedure. – 2021. – No. 3. – P. 29-49.
4. Yakubyak Yu. Yu. Subject of proof in cases of collection of judicial penalty (astrent) // Bulletin of civil procedure. – 2019. – No. 3. – P. 178-191.
CIVIL PROCEDURE
PESTOVA Kseniya Alexeevna
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE INFLUENCE OF INFORMATION TECHNOLOGY ON THE PRINCIPLES OF CIVIL PROCEDURE
The introduction of information technology into the administration of justice process can change the content of civil procedure principles. The purpose of this study is to investigate the approaches of foreign researchers on how these principles will transform in the future with the introduction of online justice systems. The author concludes that, on the one hand, the use of online dispute resolution contributes to the accessibility of justice and creates additional guarantees for its implementation. However, on the other hand, some principles such as competitiveness, independence, and openness of the process may be subject to unjustified restrictions or excessive absolute, which could negatively affect the fairness of court decisions.
Keywords: principles of civil procedure, online dispute resolution system, digital courts, information technology.
Bibliographic list of articles
1. Kozhokar I. P., Rusakova E. P. Law enforcement legal technique and digital justice // Bulletin of Perm University. – 2023. – No. 59. – P. 121-141.
2. Rusakova E. P., Zaitsev V. V. Development of predicted justice: the US experience // Eurasian Law Journal. – 2022. – No. 10 (173). – P. 48-50.
3. Andrews N. Andrews on Civil Processes. Volume I: Court Proceedings. Intersentia. – 2013. – 1278 p.
4. Andrews N. Fundamental Principles of Civil Procedure: Order Out of Chaos. In: Kramer X., Rhee C. (eds) Civil Litigation in a Globalising World. T.M.C. Asser Press. – 2012. – P. 19-38. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-90-6704-817-02.
5. Bezbakh V. V., Frolova E. E. Artificial intelligence in the regulatory context of industry 4.0 and epistemological optimism // Advances in Research on Russian Business and Management. – 2022. – P. 289-307.
6. Genn H. Annual Birkenhead lecture online courts and the future of justice // Graya. – 2018. – 21 p.
7. Jougleux P. Open Justice in the Digital Age: The Relationship Between Justice and Media in Europe Law, governance and technology series, Springer Nature. – 2024. – Vol. 66. – 167 p. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-031-61436-1.
8. Resnik J. Constituting a Civil Legal System Called ‘Just’: Law, Money, Power, and Publicity // New Pathways to Civil Justice in Europe. Springer. – 2020. – P. 299-313. [Electronic resource]. – Access mode: http://dx.doi.org/10.2139/ssrn.3723892.
9. Resnik J. The Functions of Publicity and of Privatization in Courts and their Replacements (from Jeremy Bentham to #MeToo and Google Spain) Open Justice: The Role of Courts in a Democratic Society. Yale Law School, Public Law Research Paper. – No. 659. – 2018. – 25 p. [Electronic resource]. – Access mode: 10.5771/9783845297620-177.
10. Sorabji J. Justice Without Lawyers // New Pathways to Civil Justice in Europe. Springer. – 2021. – P. 221-242. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-030-66637-8.
11. Vermeys N. The Computer As the Court: How Will Artificial Intelligence Affect Judicial Processes? // New Pathways to Civil Justice in Europe. Springer. – 2021. – P 61-80. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-030-66637-84.
12. Zuckerman A. A. S. Zuckerman on Civil Procedure: Principles of Practice. – London: Sweet & Maxwell, 2013. – 1506 rub.
ARBITRATION PROCEDURE LAW
SKRYABINA Alina Konstantinovna
magister student, Murmansk Arctic University, Judge assistant of Murmansk region Arbitration court
TRETYAKOVICH Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty, Law Faculty; Murmansk Arctic University
ASPECTS OF UNFAIR PROCEDURAL CONDUCT OF PROMISERS DURING ASSETS DISPOSAL PROCEDURES IN BANKRUPTCY CASES
The article analyzes certain aspects particular for unfair procedural conduct of promisers during the procedures of assets disposal in insolvency (bankruptcy) cases. Not every debtor, entitled to ownership of property subject to disposal, transfers it to the bankruptcy estate. Based on the conducted analysis of arbitration judicial practice, the authors propose to enshrine at the statutory level the promiser’s obligation to transfer property to the financial manager for sale, as well as the latter’s obligation to inform the citizen-debtor in writing of the need to fulfill such an obligation. In addition, other initiatives are proposed to counteract the abuse of rights by debtors in bankruptcy cases of citizens.
Keywords: arbitration process, abuse of law, procedural dishonesty, insolvency (bankruptcy), assets disposal.
Article bibliography
1. Lang P. P. Counteracting the abuse of rightslaw in arbitration proceedings: theoretical and practical aspects // Legal proceedings in arbitration courts: current problems of law enforcement: a collection of scientific articles. – Samara: Limited Liability Company “Printing Association” Standard “, 2021. – Pp. 56-73.
2. Skryabina A.K. Certain aspects of unfair procedural behavior of arbitration managers // International Journal of Humanities and Natural Sciences. – 2023. – No. 12-4 (87). – Pp. 180-184.
3. Shaikhutdinov E.M. Refusal to release a citizen from obligations upon completion of bankruptcy proceedings // Current problems of Russian law. – 2020. – No. 10. – P. 65-71.
ARBITRATION PROCEDURE LAW
ORLOVA Alexandra Ivanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
LIMITS OF THE COURT’S PROCEDURAL ACTIVITY IN DETERMINING THE LEGAL QUALIFICATION OF CLAIMS
The article analyzes the problem of correlation between the procedural activity of the court in the form of independent determination of the legal qualification of claims and the right of the plaintiff to choose the method of protection of the violated right (legally protected interest) at his discretion. Based on the results of the study, it is concluded that the court does not have the right to change the legal qualification of the claim, if this leads to a change in the actual basis of the claim.
Keywords: method of protection, legal qualification of claims, adversarial nature, optionality, legal proceedings.
Article bibliography
1. Shershenevich G. F. General Theory of Law. Moscow, 1910. // SPS Garant.
2. Petryaev A. V. Recognition of a Right as Absent // Actual Problems of Legal Science and Law Enforcement Practice. Belgorod, 2014. P. 374-380.
3. Krasnova S. A. The right of the victim to choose the method of protecting the right and the right of the court to legal qualification: issues of correlation // Jurist. 2012. No. 19. P. 39.
4. Bondar A. N. Equality of the parties – a constitutional principle of civil and arbitration proceedings // Arbitration and civil proceedings. 2005. No. 11. P. 2-7.
FAMILY LAW
DZAMASHVILI Revaz Rezoevich
postgraduate student, Institute of Public Administration, Russian Academy of National Economy and Public Administration under the President of the Russian Federation
ACTUAL PROBLEMS OF THE PROCESS OF DIVIDING THE PROPERTY OF SPOUSES COMPLICATED BY A FOREIGN ELEMENT IN COURT PROCEEDINGS ON THE EXAMPLE OF RUSSIA AND GEORGIA
The article examines the specifics and problems of the process of dividing the joint immovable property of spouses, complicated by a foreign element, using the example of the legislation of Russia and Georgia, in a judicial procedure. Currently, due to the fact that modern Russian legislation is constantly evolving, including judicial practice, and a significant period has passed since the signing of international treaties on legal assistance. Some current legal aid agreements do not take into account the current legal realities of the Russian Federation, which leads to legal conflicts and infringement of the rights of citizens of the Russian Federation.
Keywords: family law, division of marital property, private international law.
Article bibliography
1. Civil Code of the Russian Federation (part four) of 18.12.2006 No. 230-FZ // Collection of Legislation of the Russian Federation. – 25.12.2006. – No. 52 (part 1). – Art. 5496. As amended on 23.05.2018 – SPS “Garant”.
2. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ // Rossiyskaya Gazeta. – 2002. – No. 220.
3. Family Code of the Russian Federation of 29 December 1995 No. 223-FZ // Rossiyskaya Gazeta. – 1996. – No. 17. – 8 @@ Civil Code of the Russian Federation (part one) of 30 November 1994 No. 51-FZ // Rossiyskaya Gazeta. – 1994. – No. 238-239. – No. 9.
4. Agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations in civil, family and criminal cases dated September 15, 2019
5. Civil Code of Georgia. – M.: Legal Center Press, 2002. – 750 p.
LABOR LAW
DARBISHUKHUMAEV Makhach Zaynudinovich
postgraduate student of Labor law and social security law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
COMPARATIVE ANALYSIS OF THE PECULIARITIES OF CONSIDERATION OF LABOR DISPUTES IN JUDICIAL BODIES IN THE SCO COUNTRIES
The article considers the key aspects of legal regulation of labor relations in the SCO member states. It is revealed that each of the considered countries has its positive and negative sides in the field of judicial consideration of labor disputes, however, all of them have a broad legislative base. The purpose of the article was to systematize the distinctive features and characteristics of consideration of labor disputes in the judicial bodies of the SCO member states. To achieve this goal, the task was set to give a brief description of the process of consideration of labor disputes in judicial bodies in each of the SCO countries, as well as to conduct their comparative analysis. Research hypothesis: conducting a comparative analysis will allow us to identify both general trends and unique features of consideration of labor disputes in judicial bodies in the SCO countries and apply the positive experience of foreign countries in the Russian Federation. The study noted the high similarity of the systems of legal regulation of labor relations in the countries of the former USSR, and also put forward an assumption about the advisability of considering the possibility of developing and securing alternative mechanisms for resolving labor disputes in Russia in order to reduce the burden on the judicial system.
Кeywords: labor disputes, SCO, individual labor dispute, labor legislation, collective labor dispute, labor dispute commission, enforcement of a court decision.
Article bibliography
1. Declaration on the establishment of the “Shanghai Cooperation Organization”. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/rso/1678030/ (date of access: 22.01.2025).
2. Labor Code of the Russian Federation of 30.12.2001 No. 197-FZ (as amended on 26.12.2024) // Collected Legislation of the Russian Federation. – 2002. – No. 1 (Part 1). – Art. 3
3. Arbitration Procedure Code of the Russian Federation of 24.07.2002 No. 95-FZ (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. – 2002. – No. 30. – Art. 3012.
4. Civil Procedure Code of the Russian Federation of 11/14/2002 No. 138-FZ (as amended on 10/26/2024) // Collection of Legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
5. Civil Procedure Code of the PRC of April 9, 1991 [Electronic resource]. – Reg.m access: www.chinalawinfo.ru (date of access: 22.01.2025).
6. The Law of the People’s Republic of China “On Labor” dated 05.07.1994. [Electronic resource]. – Access mode: www.chinalawinfo.ru (date of access: 22.01.2025).
7. The Law of the People’s Republic of China “On Mediation and Arbitration of Labor Disputes” dated 29.12.2007 [Electronic resource]. – Access mode: www.chinalawinfo.ru (date of access: 22.01.2025).
8. The Civil Procedure Code of the Republic of Kazakhstan The Code of the Republic of Kazakhstan dated October 31, 2015 No. 377-V ЗРК // Information and legal system of regulatory legal acts of the Republic of Kazakhstan. [Electronic resource]. – Access mode: https://adilet.zan.kz/rus/docs/K1500000377.
9. Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=38910832 (date of access: 23.01.2025).
10. Civil Procedure Code of the Kyrgyz Republic of January 25, 2017 No. 14 (with amendments and additions dated 11.01.2025 [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=33430670 (date of access: 23.01.2025).
11. Labor Code of the Kyrgyz Republic of January 23, 2025 No. 23. – [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=39188508 (date accessed: 23.01.2025).
12. Law of the Kyrgyz Republic of January 28, 2017 No. 15 “On the Status of Bailiffs and Enforcement Proceedings”. [Electronic resource]. – Access mode: https://cbd.minjust.gov.kg/111522/edition/1776/ru (accessed: 22.01.2025).
13. Labor Code of the Republic of Tajikistan of July 23, 2016 No. 1329. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=31960488 (accessed: 22.01.2025).
14. Labor Code of the Republic of Uzbekistan of October 28, 2022 No. ZRU-798. [Electronic resource]. – Mode access: https://online.zakon.kz/Document/?doc_id=39247440 (date of access: 22.01.2025).
15. Labor Code of the Republic of Belarus of July 26, 1999 No. 296-Z. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30414859 (date of access: 22.01.2025).
16. Civil Procedure Code of the Republic of Belarus of January 11, 1999 No. 238-Z. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30415065 (date of access: 22.01.2025).
17. Belikova K. M. Permission labor disputes with the participation of a foreign element in the BRICS countries on the example of Russia, India and South Africa // Law and Politics. – 2016. – No. 2. – P. 254-261.
18. Berezhnoy A. E. Problems of enforcement of court decisions on labor disputes // Young scientist. – 2021. – No. 12 (354). – P. 79-80.
19. Romadova L. A. Principles of labor law in the legislation of the PRC // Russia and China: history and prospects for cooperation. – 2024. – No. 14. – P. 222-227.
20. National Bureau of Statistics of China. [Electronic resource]. – Access mode: https://www.stats.gov.cn/english/ (date of access: 23.01.2025).
LABOR LAW
SHOLOMOVA Evgeniya Konstantinovna
student, Ufa State Petroleum Technological University
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of Industrial safety and labor protection sub-faculty, Ufa State Petroleum Technological University
SHVIND Darya Pavlovna
student, Ufa State Petroleum Technological University
MIKHEEVA Anastasiya Dmitrievna
student, Ufa State Petroleum Technological University
LEGAL REGULATION OF TRADE UNIONS’ ACTIVITIES IN THE FIELD OF LABOR PROTECTION
This article discusses the main aspects of the legal regulation of trade unions in the field of labor protection. The rights and functions of trade unions are shown. Special attention is paid to the interaction between the trade union and the employer: what opportunities their joint work provides. The question is also raised about what problems trade unions face and how they can be solved.
Keywords: labor protection, trade unions, employer, regulations, labor safety, protection of workers’ rights.
Article bibliography
1. Fedosov A. V., Tazhetdinova A. A., Tazhetdinova A. A., Ganiev A. M. Problems of labor protection legislation and ways to solve them // Eurasian Law Journal. – 2023. – No. 9 (184). – P. 241-242.
2. Fedosov A. V., Gafarova K. A., Kuzhaeva K. F. Analysis of key changes in labor legislation on labor protection in 2022 // Bulletin of the young scientist of UGNTU. – 2023. – No. 4 (20). – P. 84-88.
3. Fedosov A. V., Valitova K. A., Valeev R. I., Nazimetdinov A. A. Analysis of problems in the work of an occupational safety specialist // Eurasian Law Journal. – 2024. – No. 5 (192). – P. 479-480.
4. Allayarov U. E., Fedosov A. V., Ganeev R. R. Reduction of injuries during lowering and lifting operations of the trackm improvement of protective mechanisms // Environmental protection in the oil and gas complex. – 2024. – No. 6 (321). – P. 56-61.
5. Isanbaeva D. A., Fedosov A. V., Mikheeva A. D., Shvind D. P., Sultangareeva E. I. Legislative aspects of digitalization in the field of industrial safety // Eurasian Law Journal. – 2024. – No. 6 (193). – P. 444-446.
6. Garipov R. F., Sharafutdinova G. M., Barakhnina V. B. Risk analysis based on the results of the safety culture assessment // Occupational safety in industry. – 2019. – No. 9. – P. 82-88.
7. Buvaylik S. I., Stolyarov D. A. Social protection of the working population in the Russian Federation of the 21st century // Current issues of legal sciences: materials of the III International scientific conference (Chita, April 2017). – Chita: Young scientist Publishing House, 2017. – P. 105-107.
LAND 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, Humanitarian Institute, 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, Humanitarian Institute, Peter the Great St. Petersburg Polytechnic University
THE PROCEDURE FOR CHALLENGING THE CADASTRAL VALUE OF A LAND PLOT: LEGAL PROBLEMS AND WAYS TO OVERCOME THEM
The article is devoted to the assessment of specific problems that arise when conducting a state cadastral assessment of land plots and challenging its results. Recently, court cases related to challenging the results of the cadastral valuation have become increasingly common, which is due both to the presence of technical errors, poor awareness of owners about alternative ways to reduce the cadastral value, and ignoring certain characteristics of the land plot during the state cadastral valuation. The problems of ignoring some price-forming factors and taking into account zones with special conditions of use of territories when determining the cadastral value of land plots are under investigation. The result of the study was recommendations on how to eliminate the problems faced by individuals when disputing the cadastral value of land plots.
Keywords: land plot, cadastral valuation, zones with special conditions for the use of territories, cadastral value.
Article bibliography
1. Kirillova T.K. Challenging the cadastral value of land plots // Law. Right. State. – 2024. – No. 2 (42). – pp. 81-85.
LAND LAW
SKVORTSOVA Alena Igorevna
postgraduate student, Law Faculty, M. V. Lomonosov Moscow State University, lawyer at legal compony “Abonent Consult”
LEGAL ISSUES OF LAND REGISTRATION
The administration of land resources for these purposes is impossible without information about their properties and condition. Currently, the State registry of agricultural lands, the Unified State Register of Real Estate, the Unified digital platform “National spatial data system” do not contain sufficient systematized information necessary for effective land management, and there is no registration of reserve lands. The article examines the problems of the existing system of registration of land categories, and also proposes a concept for registration of reserve lands.
Keywords: land relations, land, natural resource, land resource, land resource administration, registration of land resources, cadastral registration, reserve lands, category of lands.
Article bibliographic list
1. Zaslavskaya N. M. Concept of legal regulation of digitalization of state environmental management: diss. … Doctor of Law. – Moscow, 2024. – P. 4-8.
2. Zlotnikova T. V. On the issue of greening and de-greening legislation and other spheres of public life // Environmental Law. – 2024. – No. 2. – P. 5-11.
3. Commentary on the Federal Law of December 21, 2004 No. 172-FZ “On the Transfer of Lands or Land Plots from One Category to Another” (article-by-article // Dubovik O. L., Kudelkin N. S., Rednikova T. V., Choltyan L. N. // Ed. O. L. Dubovik // SPS “ConsultantPlus”, 2012.
4. Melnikov N. N. The category of “common use” in land legislation // Law. – 2022. – No. 12. – P. 161-167.
5. Melnikov N. N. Concept, composition, purpose and legal regime of reserve lands // Law: history and modernity. – 2023. – V. 8, No. 1. – P. 103-114.
6. Menkenov A. V. Legal problems of establishing (clarifying) the location of the coastline and economic use of surface water bodiesin // Environmental Law. – 2021. – No. 1. – P. 34-37.
7. Petrova L. E. State cadastral registration of specially protected natural areas: problems and prospects // Inter Expo Geo-Siberia. – 2021. – No. 2. – P. 157-162.
8. Podkolzina T. I. Registration of agricultural land: some problems of legal regulation // Property relations in the Russian Federation. – 2024. – No. 3. – P. 93-103.
9. Ustimova S. A., Veriga D. A. Problems and prospects of digital land management // Civilist. – 2022. – No. 3. – P. 21-25.
10. Yakovleva T. A. Legal regime of lands of specially protected natural territories of the Arctic zone of Russia // Electronic supplement to the “Russian Law Journal”. – 2021. – No. 4. – P. 59-65.
11. Medvedev I. R. Problems of judicial disputes on the status of public territories // Arbitration and civil procedure. – 2020. – No. 10. – P. 22-26.
FINANCIAL LAW
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of the Department of Scientific Research and Innovation, H. M. Berbekov Kabardino-Balkaria State University, Nalchik
KODZOV Teimuraz Nashudovich
lecturer, of Firearms training, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, senior lieutenant of police
PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS AND CRYPTOCURRENCY IN THE RUSSIAN FEDERATION
The emergence of new financial instruments in the context of active digitalization of the economy is a necessity, since the functioning of the financial segment of the traditional format in the new conditions was not possible. The transition to settlements through new financial instruments in the global economic community is also regulated the development of such instruments in the Russian Federation. Work on the development and implementation of new financial instruments in a digital format has been carried out. Thus, such digital financial instruments as digital financial assets (DFA), cryptocurrencies, and the digital ruble appeared in Russia. However, problems arose in determining their legal status and, in general, the legal regulation of their circulation. Legal regulation of each of the financial mechanisms has its own characteristics, so if DFA and the digital ruble have a legal status and relevant federal laws have been adopted regulating the procedure for their circulation, then problems arise regarding the status of cryptocurrency in Russia, since the term “cryptocurrency” is not fixed in the framework of regulatory legal acts. The functioning of new financial instruments is an irreversible and constructive process that helps increase the competitiveness of the digital economy of Russia. This is important in modern economic and geopolitical conditions. Particular attention should be paid to the formation and improvement of the regulatory framework in the area of regulation of the digital financial assets market, cryptocurrency and the digital ruble.
Keywords: digital financial assets, cryptocurrency, digital ruble, emission, legal regulation, Bank of Russia, operations, financial instruments, digitalization, banks.
Article bibliography
1. Civil Code of the Russian Federation (CC RF) of November 30, 1994 No. 51-FZ.
2. Federal Law “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” dated July 31, 2020 No. 259-FZ (latest revision).
3. Degterev A. O. Legal regulation of investments in cryptocurrency: problems and prospects for implementation in the Russian Federation // Young scientist. – 2024. – No. 20 (519). – P. 292-299.
4. Zakharkina A. Analysis of the legal terminology series “digital assets”, “financial assets”, “assets” // Law and Economics. – Moscow, 2023 – No. 10. – P. 5-10.
5. Rozhdestvenskaya T. E., Guznov A. G. Digital financial assets: problems and prospects of legal regulation // Actual problems of Russian law. – 2020. – No. 15 (6). – P. 43-54.
6. Khanova Z. R., Saparova K. G. Conflict regulation of digital rights in the Russian Federation // Gaps in Russian legislation. 2023. – T. 16, No. 2. – P. 163-168.
FINANCIAL LAW
KRASHENINNIKOV Maxim Alexandrovich
postgraduate student of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
DEVELOPMENT OF ANTITRUST REGULATION IN DIGITAL MARKETS AT THE PRESENT STAGE
The modern economy is undergoing a period of rapid digitalization. New technologies are radically transforming the ways of production, logistics, marketsng, and consumption of goods and services. Online platforms, big data, artificial intelligence-based algorithms, and the transnational nature of e-business create both new opportunities and new challenges for government regulation and society as a whole. Antitrust policy has come into focus, as digital markets possess specific characteristics, including network effects, the complexity of defining product and geographic market boundaries, and the unique role of data and platforms.
Traditional tools of antitrust regulation were largely shaped in the context of the “offline economy”, where market share and sales volumes were the primary indicators of dominance. In the digital environment, however, factors such as access to vast amounts of user data, control over recommendation algorithms, and the ability to influence the behavior of millions of users often hold no less (and sometimes greater) significance. Moreover, platform ecosystems often act as their own «regulators», setting rules for participants: sellers, buyers, advertisers, developers, etc.
Keywords: digital markets, principle of legal certainty, antitrust regulation.
Bibliographic list of articles
1. Alekseenko A. P. Legal status of an e-commerce platform operator in the PRC // Jurisprudence. – 2024. – Vol. 68, No. 2. – P. 284-302.
2. Volnov A. S., Dalinin A. V. Problems of legal regulation of the competition institution in the context of digital transformation of the economy // Sociology and Law. – 2025. – Vol. 16, No. 4. – P. 560-572.
3. Kanaki V. V., Oksenyuk E. E. Ensuring the protection of competition in the system of economic security of the state: the digital aspect // Natural Sciences and Humanities. – 2024. – No. 1 (51). – P. 387-390.
4. Karapetyan A. A. Legal regulation of digital platforms and antimonopoly control: practice of application // Russian competition law and economics. – 2024. – No. 2. – P. 38-45.
5. Levakov P. A. Modern sources of market power of digital platforms: conclusions for antimonopoly regulation // Economic theory: meeting with reality. – P. 51.
6. Sayapin S. P. Regulation of digital commodity platforms in the context of the adoption of the fifth antimonopoly package: what is the future? [Electronic resource]. – Access mode: https://scientificjournal.ru/images/PDF/2024/155/regulirovanie-tovarnykh.pdf
7. Shastitko A. E., Pavlova N. S. Deglobalization of the Internet: myth or reality? // Journal of Modern Competition. – 2024. – Vol. 18, No. 4.
8. Shelepov A. V., Kolmar O. I. Regulation of digital platforms in Russia // Bulletin of international organizations: education, science, new economy. – 2024. – Vol. 19, No. 2. – P. 6.
FINANCIAL LAW
UNTEROV Vladimir Anatoljevich
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty, Samara Law Institute of the FPS of Russia
KHASNUTDINOV Renat Rafailevich
Ph.D. in Law, associate professor, associate professor of Combating economic crimes sub-faculty, Institute of Law, Samara State University of Economics
NIKITENKOV Stepan Andreevich
cadet of the 3rd course, Faculty of Law, Samara Law Institute of the FPS of Russia
FINANCIAL AND LEGAL ASPECTS OF INVESTMENT ACTIVITIES AT THE PRESENT STAGE ENTERPRISE DEVELOPMENT IN THE RUSSIAN FEDERATION
The article discusses the specifics of investment activity in the Russian economy. The authors note that, despite significant investments and support programs, there is a general slowdown in investment activity. Among the factors contributing to the above phenomenon, it is noted, in particular: a negative investment climate and economic unpredictability, a shortage of attractive investment projects, a decrease in control over investment activities, a lack of high-quality information about the invested objects, etc. As a result of the analysis, the main directions for stimulating investment activity are formulated, among which are: comprehensive mobilization of internal resources and effective use of attracted funds, professional assessment and risk management, sustainable improvement of financial literacy, improvement of the investment climate, including at the legislative level.
Keywords: investment activity, enterprises, financial literacy, manufacturing sector, economy, investments.
Article bibliography
1. Gorlovskaya I. G. Financial policy in relation to the categorization of investors – individuals in Russia and the field of protecting their interests // Bulletin of Omsk University. – 2020. – Vol. 18, No. 4. – P. 19-35.
2. Vostrikova E. O., Meshkova A. P. ESG criteria in investing: foreign and domestic experience // Financial Journal. – 2020. – Vol. 12, No. 4. – P. 117-129.
3. Dolgorukova I. V. Corporate ssocial investment in modern Russia: between economic efficiency and social justice // Bulletin of Perm University. – 2019. – No. 3. – P. 402-411.
4. Gorbatov S. A. Investment activity in Russia: problems and solutions // Portal of scientific and practical publications. [Electronic resource]. – Access mode: http://portalnp.ru/2015/04/2567 (date of access: 02/25/2025).
FINANCIAL LAW
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of the Department of Scientific Research and Innovation, H. M. Berbekov Kabardino-Balkaria State University, Nalchik
KODZOV Teimuraz Nashudovich
lecturer, of Firearms training, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, senior lieutenant of police
PROBLEMS AND MAIN DIRECTIONS OF COMBATING OFFENSES IN THE SPHERE OF DIGITAL ECONOMY
One of the main sectors that determine the overall competitiveness and, to a certain extent, the level of national security of a modern state is the level of development and security of the digital economy. The development and implementation of digital technologies has negative and positive consequences, one of the negative consequences is the active use of information technologies in committing criminal acts, including fraudulent transactions with funds of individuals and legal entities. The growth of offenses in the digital economy and the complexity of investigating crimes in this area determine the relevance of improving mechanisms to combat offenses in the digital economy. Counteraction to offenses in the digital economy is carried out by various entities, but special attention should be paid to the activities of law enforcement agencies. The problem is that the use of traditional methods of combating crimes used in the classical economic model is not effective. There is a need to form a new, relevant regulatory framework and an appropriate information technology foundation. It is necessary to train highly qualified personnel in the field of counteracting and investigating cybercrimes in the economic sector. It is important to note that combating offenses in the digital economy should be viewed as a comprehensive and systematic measure implemented not only by internal affairs agencies.
Keywords: digital economy, offenses, counteraction, cybercrimes, credit institutions, fraud, carding, phishing, cyberattacks, information security.
Bibliographic list of articles
1. Order of the Ministry of Communications of the Russian Federation dated 30.01.2019 No. 22 (as amended on 17.07.2024) “On approval of the activity plan of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation for the period 2019-2024”.
2. Cancun Declaration of the Organization for Economic Cooperation and Development on the Digital Economy: Innovation, Growth and Social Well-Being dated 23. 06. 2016
3. Voronin Yu. A. Crimes in the Sphere of Digital Information Circulation and Their Determinants // Victimology. – 2020. – No. 1 (23). – P. 74-80.
4. Counteraction to offenses committed with the use of information technologies: a collection of articles based on the materials of the scientific and practical conference (III school of young legal scholars), Moscow, November 11, 2020 / Ed. V. V. Kazakov; compiled by K. A. Komogortseva; University of the Prosecutor’s Office of the Russian Federation; Moscow Finance and Law University MFUA. – M .: MFUA, 2021 .– 224 p.
5. Strunin D. A. Cyberattacks and their impact on the digital economy // Young scientist. – 2023. – No. 5 (452). – P. 15-16.
6. Sashkina E. K. The impact of digitalization of the financial sector on economic security // Young scientist. – 2025. – No. 3 (554). – pp. 349-352.
FINANCIAL LAW
KRASHENINNIKOV Maxim Alexandrovich
postgraduate student of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
ANTITRUST REGULATION IN THE CONTEXT OF DIGITALIZATION: A COMPARATIVE LEGAL PERSPECTIVE
In the context of rapid technological advancement and the digitalization of the economy, antitrust regulation faces new challenges and opens up new opportunities. This article explores the legal aspects of antitrust regulation in various countries and analyzes approaches to regulating digital platforms, protecting competition, and preventing monopolization.
The study provides examples from European Union legislation and examines practices in other jurisdictions, such as China and Japan. Special attention is given to the tools and methods employed by government authorities to ensure fair competition in the face of the growing influence of large technology companies. The cinclusions drawn in the article emphasize the need to adapt existing legal mechanisms to new realities and to develop global approaches to antitrust regulation in the era of digitalization.
Keywords: Antitrust regulation, digitalization, digital markets, network effects.
Article bibliography
1. Gagarina I. V., Knyazeva I. V. State competition policy of Germany: responses to the challenges of digitalization of the economy, lessons for Russia // Bulletin of St. Petersburg University. Economics. – 2022. – Vol. 38, No. 4. – P. 551-580.
2. Istomin V. G. Antimonopoly regulation of the activities of digital companies and the functioning of Internet platforms in Russia and the European Union // Law enforcement. – 2022. – Vol. 6, No. 2. – P. 120-133.
3. Istomin V. G. Antimonopoly regulation of relations developing in the field of digitalization: foreign and Russian experience // Problems of interaction of public and private law in regulating the digitalization of economic relations. – 2020. – P. 41-46.
4. Pekhtereva E. A. The phenomenon of Brexit: what has changed for the UK economy // Social innovations and social sciences. – 2022. – No. 2 (7). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomen-breksita-chto-izmenilos-dlya-ekonomiki-velikobritanii.
5. Fang X. China’s Anti-Monopoly Law Is Under Revision // GRUR International. – 2020. – T. 69, No. 12. – P. 1189-1190.
6. Ma J., Ma J. Competition Law in China: An Overview // Competition Law in China: A Law and Economics Perspective. – 2020. – pp. 11-29.
7. Mubarok S., Candra R. Google, Facebook, And China: Internet Supremacy and Digital Sovereignty // Dauliyah: Journal of Islam and International Affairs. – 2023. – T. 8, No. 1. – P. 64-77.
8. Scharf A. Competition Law Sanctions in Austria // The Cambridge Handbook of Competition Law Sanctions. – 2022. – P. 275.
9. Van Uytsel S., Uemura Y. Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention // Competition Law for the Digital Economy. – Edward Elgar Publishing, 2019. – pp. 231-263.
10. Van Uytsel S., Uemura Y. Regulating competition between digital platforms: The Japan fair trade commission’s preference for unfair trade practices // The Digital Economy and Competition Law in Asia. – 2021. – P. 45-72.
11. Zicheng L. The Prospect of Chinese Internet Companies’ Strategy Investment: Taking Tencent, ByteDance, Alibaba and Baidu as Examples //International Conference on Business and Policy Studies. – Singapore: Springer Nature Singapore, 2023. – pp. 930-940
FINANCIAL LAW
LEPINA Valeriya Igorevna
competitor of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL), Head of the Center for Legal Support of Digitalization in the Financial Market (Management Rights) of the Legal Department, Bank of Russia
FINANCIAL SOVEREIGNTY AS A COMPONENT OF STATE SOVEREIGNTY
The article considers the concept of sovereignty and the evolution of its content. The following component of state sovereignty is analyzed: as economic sovereignty, which includes financial sovereignty. In this regard, financial sovereignty is defined as an integral component of state sovereignty. The issues of the content of financial sovereignty are raised, which have become especially relevant in the context of ongoing sanctions pressure in the Russian Federation. The results of the study could serve as a basis for further discussions on the future of state sovereignty in the context of global change.
Keywords: sovereignty, state sovereignty, constitutional foundations of sovereignty, economic sovereignty, financial sovereignty, types of financial sovereignty
Article bibliography
1. Blishchenko I., Doria J. The concept of economic sovereignty of the state // Jurisprudence. 2000. No. 1. P. 200-217.
2. Bodin J. Six books on the state // Anthology of world legal thought in 5 volumes. v. 2 Europe of the 5th-17th centuries. Moscow, 1999. P. 689-695.
3. Buchakova M. A. The idea of popular sovereignty and ensuring rights and freedoms in the domestic political and legal thought of the second half of the 19th – early 20th centuries // Legal science and law enforcement practice. 2022. No. 1 (59). P. 6-12.
4. Vikhrov A. A. et al. The concept and essence of sovereignty // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2005. No. 3. P. 14-25.
5. Hessen V. M. General doctrine of the state. SPb., 1912. P. 56.
6. Gavrilov D. A. State sovereignty as a value of public law // International and national mechanisms for ensuring sovereignty. 2017. P. 72-75.
7. Grachev V. S., Serov K. N. Legal means of ensuring the economic sovereignty of a modern state // History of the state and law. 2007. No. 8. P. 4-5.
8. Gracheva E. Yu. Financenew sovereignty — myth or reality? // Bulletin of the O. E. Kutafin University. 2023. No. 7 (107). P. 19-26.
9. Gracheva E. Yu., Arzumanova L. L., Boltinova O. V. et al. Financial sovereignty of the state: theory and legal reality. Moscow: Legal Publishing House Norma, 2024. 344 p.
10. Danilov D. Yu., But N. D. Actual issues of ensuring the rule of law in the context of foreign policy challenges // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. 2023. No. 2 (93).
11. Dogadaylo E. Yu. Economic sovereignty of the Russian Federation: analysis of the main legal forms of implementation at the present stage // Bulletin of the Tuva State University. Social and Humanitarian Sciences. 2018. No. 1. P. 177-184.
12. Jean B. Six books about the republic: Book 6. Chapter 1. On censorship / Translated from French, notes and introduction // Philosophy. Journal of the Higher School of Economics. 2022. Vol. 6, No. 1. P. 339-368.
13. Zhusupov A. D. On the concept of finance and its characteristics // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2012. No. 1 (25). P. 24-29.
14. Zonova T. V. Westphalian system // Bulletin of MGIMO University. 2008. No. 1. P. 153-155.
15. Kozlova E. I., Kutafin O. E. Constitutional Law of Russia. Moscow, 1995. P. 120.
16. Kozlova E. I., Kutafin O. E. Constitutional Law of Russia: Textbook. Moscow: Jurist, 1995. 479 p.
17. Andrichenko L. V., Bogolyubov S. A., Bondar N. S., et al. Commentary on the Constitution of the Russian Federation (article by article) / Ed. V. D. Zorkin. 2nd edition, revised. Moscow: Norma, Infra-M, 2011. 1008 p.
18. Kuznetsova E. et al. Western Concepts of State Sovereignty // International Processes. 2006. Vol. 4, No. 2. Pp. 90-99.
19. Kuzmin E. L., The Riddle of Jean Bodin. A Treatise on Sovereignty. Moscow: International Relations, 2018. 376 p.
20. Kulyaskina I. Yu. P. I. Novgorodtsev on the Genesis and Prospects of the Rule of Law // Bulletin of Amur State University. Series: Humanities. 2022. No. 98. Pp. 3-6.
21. Kutafin O. E. Selected Works / Compiled by V. V. Komarova. M.: Prospect, 2016. 368 p.
22. Kutafin O. E. Subject of constitutional law. M.: Jurist, 2001. 443 p.
23. Leksin V. I. On the issue of sovereignty in a federal state // Constitutional and municipal law. 2011. No. 12. Pp. 26-31.
24. Morozova A. S., Karasev A. T. Some approaches to understanding state sovereignty // History of the state and law. 2014. No. 20. Pp. 45-50.
25. Omelyokhina N. V. Financial sovereignty of the state: on the formulation of the problem of studying legal identification // Financial law. 2017. No. 4. P. 12-21.
26. Orlov M. Yu. Tax as a form of reasonable limitation of the fiscal sovereignty of the state // Financial law. 2006. No. 2.
27. Pogorletsky A. I. Tax planning of foreign economic activity. St. Petersburg, 2006. P. 13.
28. Rybkovskaya O. N. Financial and economic sovereignty of Russia as a condition for creating its own geoeconomic pole: lessons of history and modernity // Moscow Economic Forum-2016. P. 130.
29. Explanatory dictionary of the Russian language / S. I. Ozhegov, N. Yu. Shvedova; Russian Academy of Sciences, Institute of Russian. language, Russian Cultural Foundation. – 2nd ed., corrected. and add. M.: Az, 1994.
30. Khavanova I. A. Fiscal (tax) sovereignty and its boundaries in integration entities // Journal of Russian Law. 2013. No. 11 (203). P. 41-51.
31. Encyclopedia of Russian financial law / Editors: E. Yu. Gracheva, R. E. Artyukhin. M.: Prospect, 2024. 923 p.: table. Bibliography at the end of the section. ISBN 978-5-392-40343-1.
32. Yazov A. N. The idea of popular sovereignty and the theory of separation of powers in the teachings of M. M. Kovalevsky // Omsk scientific readings – 2018. 2018. P. 1183-1185.
ENTREPRENEURIAL LAW
MUCHINSKIY Danila Olegovich
legal adviser, DM LLC
CURRENT ISSUES ARISING DURING THE EXECUTION OF A CAR SHARING AGREEMENT
The article analyzes the problems of the car sharing agreement, its legal nature and legal qualification. The author categorizes the car sharing agreement as a mixed agreement with elements of lease, services and license contracts respectively. The contract of lease of means of transportation without crew and vehicle rental contract are compared herein. The author via researching addresses the relevant law-application practice. The issues arising during the car sharing contract performance are identified there. For the specified issues, the corresponding solutions are proposed.
Keywords: car sharing agreement, vehicle rental contract, transport services, short-term lease.
Article bibliography
1. Grishaev S. P., Svit Yu. P., Bogacheva T. V.: Article-by-article commentary to the Civil Code of the Russian Federation. Part 2 // SPS “Consultant Plus”.
2. Kondratyev E. A., Sotova A. Some aspects of car sharing regulation and their responsibilityusers in the Russian Federation // Education and Law. – 2022. – No. 4. – P. 162-167.
3. Filippov S. A., Pereyarina P. O. Car sharing as a new phenomenon in the civil law of the Russian Federation // Bulletin of the Saratov State Law University. – 2019. – No. 3. – P. 138-143.
CORPORATE LAW
CHERKASOV Artem Yurjevich
postgraduate student, G. V. Plekhanov Russian University of Economics
LEGAL NATURE AND ACTUAL PROBLEMS OF LEGAL REGULATION OF PRODUCTION SHARING AGREEMENTS (PSA)
This article examines the current challenges associated with the accounting treatment of foreign exchange differences in Russia, including the lack of a clear legislative definition, inconsistencies in tax accounting, and the impact of sanctions and currency restrictions. It analyzes recent amendments to the Russian Tax Code, particularly the revised rules for recognizing foreign exchange differences for taxation purposes. Special attention is given to the complexities of accounting for foreign exchange differences under special tax regimes such as the Simplified Tax System (STS) and the Patent Tax System (PTS). Additionally, the article highlights issues arising from currency restrictions, double currency conversion, and discrepancies between accounting and tax reporting. Potential solutions are explored, including arbitration practices and anticipated clarifications from the Ministry of Finance of the Russian Federation.
Keywords: foreign exchange differences, Russian Tax Code, accounting for foreign exchange differences, taxation, currency restrictions, sanctions, STS, PTS, tax risks, accounting standards, tax base, non-operating income, foreign currency transactions, double conversion, Ministry of Finance of the Russian Federation, tax control, arbitration practice, positive foreign exchange differences, negative foreign exchange.
Bibliographic list of articles
1. The Tax Code of the Russian Federation (part two) of 19.07.2000 No. 118-FZ (as amended on 29.12.2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_28165/ (date of access: 19.03.2025).
2. Letter of the Ministry of Finance of Russia dated 12.07.2022 No. 03-03-06/1/66936 “On accounting in 2022 of exchange rate differences on claims (liabilities) in foreign currency for income tax purposes.” [Electronic resource]. – Access mode: https://base.garant.ru/405004693/ (date accessed: 19.03.2025).
3. Letter of the Ministry of Finance of Russia dated December 22, 2022 No. 03-03-10/126074 “On the procedure for recognizing for profit tax purposes exchange rate differences that arose in the period from January 1, 2022 to December 31, 2024.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/406050067/ (date of access: 16.03.2025).
4. Letter of the Ministry of Finance of Russia dated 25.05.2016 No. 03-11-12/30538 “On accounting for tax purposes under the PSN and the STS of income in the form of exchange rate differences from the sale of currencies.” [Electronic resource]. – Access mode: https://base.garant.ru/71438208/ (date accessed: 19.03.2025).
5. Letter of the Federal Tax Service of Russia dated 26.12.2022 No. SD-4-3/17561@ “On the application of the provisions of Federal Law dated 26.03.2022 No. 67-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Article 2 of the Federal Law “On Amendments to Part Two of the Tax Code of the Russian Federation in terms of taxation of exchange rate differences arising in the period from January 1, 2022 to December 31, 2024”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_437416/ (date of access: 17.03.2025).
6. Belikova T. N., Minaeva L. N. All PBU with comments, 2nd ed. – St. Petersburg: Piter, 2009. – P. 202.
7. Dolgopolov O. I. Appeal: a way to protect the rights of taxpayers. – Moscow: Publ. “GrossMedia”, “ROSBUKH”, 2011. – P. 168.
8. Novoselov K. V. Income tax. Guide to the formation of the tax base, calculation and payment of tax: a teaching aid, 4th ed., revised and enlarged. – Moscow: Publ. “IC Group”, 2011.
9. Rozhnova O. V. Transformation of reporting into IFRS format / Edited by O. V. Rozhanova. – M.: Jurisprudence, 2005. – P. 120.
CORPORATE LAW
UMRIKHIN Stepan Dmitrievich
postgraduate student of Entrepreneurial and corporate law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
THE SIGNIFICANCE OF THE CONCEPT OF BALANCE OF INTERESTS IN CORPORATE LAW
The purpose of this article is to examine the role of the concept of balance of interests in the science and practice of corporate law. The balance of interests is a key factor ensuring the proper existence and functioning of a corporation. In the absence of such a balance, there are high risks of corporate conflicts, which may resultin the liquidation of the corporation, its bankruptcy, as well as various procedures aimed at a forced change of corporate control, exclusion from the corporation or restriction in the management of the corporation of one or more of its participants. As a result, all of these negative consequences harm not only the private interests of the corporation and its participants, but also, depending on the scale of the organization’s activities, may have a significant negative impact on entire sectors of the economy, which would also bring damage to the public interest.
Keywords: balance of interests, interest, corporation, corporate control, corporate conflict, partnership agreement.
Bibliographic list of articles
1. Andreev V.K., Laptev V.A. Corporate law of modern Russia: monograph / 2nd ed., revised. and additional M.: Prospect, 2017. 352 p.
2. Boyko TS Protection of the Rights and Interests of Minority Participants in a Non-Public Company in the Law of Russia, the USA and Great Britain. M.: Statut, 2019. 255 p.
3. Lutsenko SI The Shadow Part of Corporate Law: Questions and Answers // Modern Law. 2020. No. 1. Pp. 66-73.
4. Osipenko OV Corporate Conflictology // Monograph. M.: Statut, 2022. 758 p.
5. Belyaeva OA, Burlakov SA, Vildanova MM, et al. Modern Corporate Law: Current Issues of Theory and Practice: Monograph / Ed. O. V. Gutnikov; Institute of Legislation and Comparative Law under the Government of the Russian Federation. M.: Statut, 2021. 528 p.
6. Stepanov D. I. Deadlocks in non-public corporations: possible options for the development of legislation and judicial practice // Bulletin of Economic Justice of the Russian Federation. 2015. No. 9. Pp. 60-113.
7. Stepanov D. I. Interests of a legal entity and its participants // Bulletin of Economic Justice of the Russian Federation. 2015. No. 1.
8. Sukhanov E. A. Comparative corporate law / 2nd ed., stereotype. M.: Statut, 2016. 456 p.
9. Shitkin A. O. Corporate control under the law of Russia and the USA: concept, grounds and legal consequences of occurrence // Dissertation for the degree of candidate of legal sciences. 245 pp.
10. Eisenberg M. The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking // California Law Review. 1969. Vol. 57. P. 1-181.
11. Franklin A. Gevurtz. Who Represents the Corporation – In Search of a Better Method for Determining the Corporate Interest in Derivative Suits.
ECOLOGICAL LAW
PONOMARENKO Anatoliy Vasiljevich
Ph.D. in pedagogical sciences, associate professor of the Graduate School of Law and Forensic Science, Peter the Great St. Petersburg Polytechnic University
ABDUZHALILOV Timur Farkhodovich
magister student, of the Graduate School of Law and Forensic Science, Peter the Great St. Petersburg Polytechnic University
SMIRNOV Vadim Andreevich
magister student, of the Graduate School of Law and Forensic Science, Peter the Great St. Petersburg Polytechnic University
PROTECTING THE ENVIRONMENT BY DETAILING THE DAMAGES MECHANISM
The article presents a comprehensive analysis of the mechanism of compensation for losses caused by negative impact on the environment. By means of comparative-legal method foreign experience in environmental protection rationing is analyzed, advantages and problems of existing methods for assessment of environmental losses are determined. Also, a detailed formal-legal study of the effectiveness of the civil law institute of compensation for the resolution of disputes about the infliction of harm in the natural resources sphere is conducted. The work is carried out taking into account the principles of sustainable development and is interdisciplinary, as it is based on the systematic disclosure of economic and legal principles of anthropogenic activity. Based on the results of the study, proposals are formed to improve the normative regulation by means of detailing the normative construct. The results of the study are integrative in nature and potentially applicable to increase the efficiency of environmental protection.
Keywords: restorative mechanisms, natural resource objects, legal regulation, environmental expertise, sustainable development, compensatory measures, natural resource law, integrated approach, environmental agenda, harm minimization, legal assessment, legal construct, economic paradigms.
Bibliographic list of articles
1. Luneva E. V. Law of rational use of natural resources: doctrine, methodology and practice: abstract of a dissertation for the degree of Doctor of Law: 5.1.2 – Public and legal (state and legal) sciences: Moscow State University named after M. V. Lomonosov. – Moscow, 2023. – 52p.
2. Maslova O. L., Polevskiy A. S. The main leap in the pace of globalization and its consequences // New economy: institutions, instruments, trends: Proceedings of the VII All-Russian scientific and practical conference, June 7, 2024. – Orel: Oryol State University named after I. S. Turgenev, 2024. – P. 116-119.
3. Voloshin V. I. From raw materials to an innovative model of the Russian economy: the role of oil and gas exports // Beneficium. – 2024. – No. 1 (50). – P. 40-46.
4. Savkin V. I. Economic aspects of environmental protection // Bulletin of OrelSAU. – 2023. – No. 5 (104). – P. 157-163.
5. Neshirov V. A. Comparative analysis of the state of regulation in the field of environmental protection in the Russian Federation and a number of foreign countries // Young scientist. – 2022. – No. 37 (432). – P. 107-109.
6. Brinchuk M. M. Measure of freedom of the owner of land and other natural resources // Bulletin of Udmurt University. – 2024. – Vol. 34, No. 1. – P. 168-177.
7. Gafarov N. R. Identification and criteria for assessing objects of accumulated harm to the environment // Actual problems of Russian law. – 2022. – No. 1 (134). – P. 189-197.
8. Sarvartdinov M. R. The emergence and development of environmental law in the pre-revolutionary period of Russia // Eurasian Advocacy. – 2024. – No. 4 (69). – pp. 29-32.
ECOLOGICAL LAW
KUTATELADZE David Davidovich
assistant, postgraduate student of Land and environmental law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF ECOLOGICAL AND LEGAL REGULATION OF LAND RELATIONS IN CONSTRUCTION
In the context of active urban development, ecological and legal regulation of land relations in construction is of particular importance, aimed at ensuring a balanced interaction between economic interests and environmental protection requirements. An analysis of current legislation shows that despite the existence of regulatory frameworks, law enforcement practice reveals shortcomings in environmental impact assessment mechanisms, land dispute resolution, and compensation for environmental damage. Special attention is paid to the problem of land expropriation for public needs, which is often accompanied by soil degradation, destruction of green spaces, and disruption of ecosystem balance. To address these issues, measures have been proposed to improve the environmental audit system, strengthen state control, and develop new mechanisms for compensating environmental damage.
Keywords: environmental law, land relations, construction, land expropriation, environmental damage.
Article bibliography
1. Anisimov A. P., Ryzhenkov A. Ya., Isakova Yu. I. Environmental law of Russia: textbook and workshop for universities. – 9th ed., revised and enlarged. – M.: Yurait, 2025. – 432 p.
2. Bogolyubov S. A., Pozdnyakova E. A. Legal bases of nature management and environmental protection: textbook and practical training for universities. – M.: Yurait Publishing House, 2025. – 479 p.
3. Lesnykh S. I. Possibilities of implementing the environmental and legal mechanism for environmental protection to regulate economic activities in the coastal areas of Lake Baikal // Law and Politics. – 2022. – No. 12. – P. 29-40.
4. Selivanova K. A. Features of the environmental and legal mechanism in the agrarian sphere: constitutional aspect // Bulletin of the Udmurt University. Series “Economics and Law”. – 2023. – V. 33, No. 1. – P. 148-154.
5. Ulyanov A. V. On the legal regimes of artificial land plots and related objects // Lex russica. – 2022. – No. 4 (185). – P. 37-49.
6. Khlyudeneva N. I., Ponomarev M. V., Kichigin N. V. Environmental law: a textbook for universities. – M.: Yurayt, 2024. – 221 p.
ECOLOGICAL LAW
SMIRNOVA Anastasiya Vladimirovna
postgraduate student of Land and environmental law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia; Deputy Head of the Department of Regulatory Regulation of Civil Service Issues and Anti-Corruption of the Department of Management of the Ministry of Natural Resources and Ecology of the Russian Federation
ECOLOGICAL AND LEGAL CHARACTERISTICS OF THE CONCEPT OF “GREEN” CONSTRUCTION
The author examines the issues of the theoretical relationship between the ideological and legal basis of the concept of sustainable development and “green” construction in the prism of problems of theory and practice. The analysis of modern legal regulation of relations on the introduction of technologies and standards of “green” construction into urban planning practice is carried out. Special attention is paid to issues related to the legal regulation of specially protected natural areas, certification of green construction projects.
Keywords: sustainable development, «green economy», «green» construction, sustainable development goals, environmental law, environment.
Article bibliography
1. Grinchuk I. S., Sinyak N. S. «Green construction» as one of the most important aspects of sustainable development // Proceedings of BSTU. – 2014. – No. 7. – P. 201-203.
2. Danilova E. A., Bratan F. I., Khotuleva E. I., Okolnikova G. E. Basic principles of the concept of «green construction» // System technologies. – 2020. – No. 4 (37). – P. 16.
3. The role of law in the formation of a «green» economy in national jurisdictions (on the example of the Russian Federation): monograph / Ed. A. Ya. Ryzhenkov. – Moscow: Yurlitinform, 2023. – P. 170.
4. Ryzhenkov A. Ya. Development of “green” construction in Russia as an element of the green economy: legal aspect // Agrarian and land law. – 2023. – No. 11 (227). – P. 37.
5. Sokolova N. A. The concept of sustainable development and international environmental law // Bulletin of the O. E. Kutafin University. – 2021. – No. 11 (87). – P. 226.
6. Ursul A. D., Romanovich A. L. The concept of sustainable development and the problem of security // Philosophy of science. – 2001. – No. 3. [Electronic resource]. – Access mode: http://filosof.historic.ru/books/item/f00/s00/z0000706/ (date of access: 20.03.2025).
7. Khloptsov D. M., Gubanishcheva M. A. Ecological and economic assessment of “green construction” objects // Property relations in the Russian Federation. – 2018. – No. 11. – P. 6
CRIMINAL LAW
ANTONOV Vladislav Fedorovich
Ph.D. in Law, associate professor of State, criminal and legal disciplines sub-faculty, G. V. Plekhanov Russian University of Economics
FEATURES OF THE QUALIFICATION OF ILLEGAL ACTIVITIES FOR THE REPAYMENT OF OVERDUE DEBTS OF INDIVIDUALS
Based on the analysis of the current legislation, the article reveals the grounds and conditions for bringing to criminal responsibility for the illegal implementation of activities to repay overdue debts of individuals. The article defines the range of circumstances to be proven when establishing the signs of the crime in question, analyzes problematic issues of qualification of illegal actions of employees of the creditor organization committed in the process of interaction with the debtor. Taking into account the latest legislative changes, the rights and powers of employees of financial organizations who are authorized to collect overdue debts from individuals are being considered.
Keywords: overdue debt, crime, violence, threat, legal regulation, criminal law, financial organization, regulatory legal acts, obligation.
Article bibliography
1. Kurbatov A. Ya. Laws of Russia: experience, analysis, practice. – 2019. – No. 4. – P. 37-42.
CRIMINAL LAW
KARIMOVA Zainab Magomedkarimovna
magister student of the 1st course, North Caucasus Institute, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
KARIMOVA Raisat Shihabudinovna
Ph.D. in philological sciences, associate professor, North Caucasus Institute, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
PROBLEMS OF CRIME QUALIFICATION BASED ON THE OBJECTIVE SIDE
The present article considers the determining influence of the objective side of a crime on the qualification of a deed. Special attention is paid to the problems of qualification arising in case of ambiguous interpretation of certain features of the objective side, for example, in determining the causal link in complex cases (medical errors, environmental disasters) or in establishing the moment of the end of the crime (continuing and ongoing crimes).
It is emphasized that the correct qualification of a crime is impossible without a thorough and comprehensive study of all elements of the objective side. Errors in establishing, for example, the causal link or the way of committing a crime, can lead to incorrect qualification and, as a consequence, to unjust punishment.
Keywords: qualification of crimes, objective side of a crime, corpus delicti, meaning of objective side, external manifestation of a crime.
Article bibliographic list
1. Kashepov V. P. Judicial errors in qualifying the objective side of the crime // Commentary on judicial practice. Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation, CONTRACT, 2018. Issue 23. P. 148-160.
2. Kolosovsky V. V. Error in qualifying the objective side of crimes // Bulletin of the Chelyabinsk State University. 2002. No. 1 (3). P. 112-121.
3. Krasovskaya O. Yu. Some theoretical and applied problems of assigning minors a criminal penalty in the form of a fine // Issues of Russian and International Law. 2018. Vol. 8. No. 9A. Pp. 245-252.
CRIMINAL LAW
KIRIKOVA Marina Vladimirovna
lecturer of General legal disciplines sub-faculty, Leningrad regional branch, St. Petersburg University of the MIA of Russia
QUALIFICATION OF COMPLEX CRIMES USING THE EXAMPLE OF VIOLENT HOOLIGANISM
The article examines the issue of qualification of violent hooliganism, which became particularly relevant after the legislator returned the sign of violence and the threat of violence to the disposition of the article on hooliganism. The author explores various points of view on the qualification of violent hooliganism and, taking into account the rules for the qualification of complex crimes, substantiates his position on this issue.
Keywords: violent hooliganism, qualification, complex crimes, crime-method, nature of violence.
Bibliographic list of articles
1. Belov M. N. The composition of “hooliganism” in the Criminal Code of the Russian Federation: temporary transformation // Russian judge. – 2021. – No. 10. – P. 25-28.
2. Zhadyaeva M. A., Yanina I. Yu. Social danger of “violent” and “armed” hooliganism: problems of legislative technique and law enforcement // Russian judge. – 2022. – No. 2. – P. 21-26.
3. Kuznetsova N. F. Problems of qualification of crimes: Lectures on the special course “Fundamentals of qualification of crimes”. – M .: Publishing House “Gorodets”, 2007. – 336 p.
4. Yakovleva L. V., Kupriyanov E. I. Controversial issues of qualification of hooliganism committed with the use of violence in the Moscow metro // Russian investigator. – 2022. – No. 10. – P. 53-56.
CRIMINAL LAW
LIMAR Anna Sergeevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
MIKHAYLOVA Irina Anatoljevna
Ph.D. in Law, professor of Criminal law disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
LEGAL REGULATION OF ORGANIZATION OF GAMBLING ZONES IN THE RUSSIAN FEDERATION
The present article is devoted to consideration of actual problems of decentralized regulation of activity on the organization and carrying out of gambling in gambling zones operating in the territory of the Russian Federation in accordance with the Federal Law of the Russian Federation No. 244 from 12/29/2006 “On state regulation of activity on the organization and carrying out of gambling and on amendments to some legislative acts of the Russian Federation.”
The conclusion is substantiated that the regulation of gambling activities is carried out by executive authorities with various competencies. These circumstances, according to the authors, determine the growth of contradictions in the organization of power and management. As a solution to this problem, it is proposed to develop uniform recommendations for the performance of duties by regional executive authorities of uniform competence, or transfer managerial functions to gambling organizers.
Keywords: gambling, organization and conduct of gambling, regulation of gambling activities, problems of regulation.
Article bibliography
1. Limar A. S. Criminological justification and legal regulation of the creation of a gambling zone in the Republic of Crimea // Russian criminological view. – 2015. – No. 4. – P. 1014-1016.
2. Samarukha A. V. Problems of redundancy and duplication of functions of regional executive authorities // Bulletin of USUE. – 2008. – No. 2 (1). – P. 74-77.
3. Antonova N. B. Theory and Methodology of Public Administration: Lecture Course. N. B. Antonova, L. M. Zakharova, L. S. Evening – 3rd ed., suppl. – Mn.: Acad. of Administration under the President of the Republic of Belarus, 2005. – 231 p.
4. Lopashenko N. A. Status and Problems of Combating Corruption and Crime in the Economic Sphere // State and Law. – 2000. – No. 10. – P. 110-113.
5. Kudashkin A. V. Anti-Corruption Expertise: Theory and Practice. Scientific and Practical Manual. – M.: Norma, Infra-M, 2012. – 324 p.
6. Tyutyunikov Yu. K. Formation of gambling business as a new element of Russian economy and methods of its state regulation: author’s abstract. dis. … candidate of economic sciences: 08.00.01. – M., 2010. – 30 p.
CRIMINAL LAW
MANNA Ammar Abdul Karim
Ph.D. in Law, associate professor of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship Universityof Russia
AL-MUSAFIR Duraid Mohammed Hassan
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
DEPRIVATION OF LIBERTY AS A MEASURE OF POLICE AND JUSTICE IN THE ISLAMIC WORLD
The article considers theoretical aspects of the use of imprisonment in Muslim states in the context of state policy, justice and crime control. The legal grounds of this type of punishment, its role in the correction of criminals and specific features related to the religious norms of Islam are analyzed. The study shows that in Muslim countries imprisonment is used as a measure aimed at maintaining public order, preventing crime and preserving moral values. The use of imprisonment differs depending on the legal system of a particular state, which is due to the combination of traditional Sharia law and modern legal norms. The study concludes that the institution of deprivation of liberty in Islamic countries is an important tool of criminal policy, but its application is subject to both state and religious principles.
Keywords: deprivation of liberty, Islamic criminal law, imprisonment, Muslim legislation, justice, state policy.
Article bibliography
1. Geldibaev M.Kh., Vandyshev V.V. Criminal procedure: a textbook for university students studying in legal specialties. – M .: UNITY, 2014. – 719 p.
2. Esakov G.A. Muslim criminal law: origin and historical development // Russian law on the Internet. – 2005. – No. 4. – P. 2-20.
3. Likhachev V. A. Criminal law in independent countries of Africa. – M.: Chief editor of the Eastern lit. publishing house Nauka, 1974. – 240 p.
4. Malinovsky A. A. Comparative criminal law. – M.: Yurlitinform, 2014. – 592 p.
5. Pikalov I. A. Principles of domestic criminal procedure. – M.: Yurlitinform, 2012. – 254 p.
6. Radzhabova E. Sh. Institute of punishment under Muslim criminal law // Journal of foreign legislation and comparative law. – 2015. – No. 1. – P. 124-130.
7. Syukiyainen L. R. Muslim criminal law: theoretical foundations and modern practice // Modern criminal law and criminology. – 2007. – P. 80-106. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/musulmanskoe-ugolovnoe-pravo-teoreticheskie-osnovy-i-sovremennaya-praktika (date of access: 31.01.2025).
8. Khalil H. H. The system of punishments under Muslim head law: dis. … candidate of legal sciences. – M., 2008.
9. Abdel Haleem. Criminal justice in Islam. – London, 2003.
10. Dammer H. R., Albanese J. S. Comparative criminal justice system. – Belmont, 2011. – P. 55-56.
11. Haleem A. M., Sharif A. O., Daniels K. Criminal Justice in Islam: Judicial Procedure in the Shariah. – London, 2003. – P. 3-16.
12. Kamali M. H. Principles of Islamic Jurisprudence, the Islamic texts society. – Cambridge, 2003. – P. 230 @@ Hallaq W. B. An introduction to Islamic law. – NY., 2009. – P. 93.
13. Muhammad S. Y. Human Rights in Islam. – M.: Dilya, 2008. – 288 p.
14. Reza S. Egypt. The Handbook of Comparative Criminal Law / Ed. by Kevin Jon Heller and Markus D. Dubber. – Stanford, California: Stanford University Press Stanford, 2011. – P. 179-208.
15. Tellenbach S. Iran / Silvia Tellenbach // The Handbook of Comparative Criminal Law / Edited by Kevin Jon Heller and Markus D. Dubber. – Stanford, California: Stanford University Press Stanford, 2011. – P. 320-351.
CRIMINAL LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
MAZKIN Andrey Anatoljevich
lecturer of Fire and technical training sub-faculty, Barnaul Law Institute of the MIA of Russia
GODOVYKH Alexander Alexandrovich
lecturer of Fire training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
SOME TYPES OF DIGITAL PROPERTY CRIMES
The paper examines crimes involving the use of digital technologies affecting property rights. Special attention is paid to the problems of qualification of criminal attacks committed using information and communication technologies and computer information. The authors have given a legal assessment. The article also discusses certain issues of criminal liability for crimes against property in the context of the digital transformation of society. It causes the emergence of new ways of committing crimes that require improvement of criminal law regulation. In addition, the authors considered the issues of qualification of special fraud structures, for which criminals use electronic means of payment.
Keywords: criminal law analysis, digital crimes, organized crime in digital format, criminological cybersecurity, entrepreneurship, criminalization of business relations, shadow economies.
Article bibliography
1. Brief characteristics of the state of crime in the Russian Federation for January – December 2023. – [Electronic resource]. – Access mode: https://мвд.рф/reports/item/47055751/ (date of access: 11/28/2024).
2. The Supreme Court judge reported an increase in the number of people convicted in the Russian Federation for cybercrimes. – [Electronic resource]. – Access mode: https://www.bfm.ru/news/527035 (date accessed: 28.11.2024).
3. Prostoserdov M. A. Economic crimes committed in cyberspace and measures to counter them: dis. … candidate of legal sciences. M., 2016. S. 63.
4. Jafarli V. F. Critical criminal-legal analysis of Article 159.6 of the Criminal Code of the Russian Federation “Fraud in the field of computer information” // Eurasian Advocacy. 2017. No. 5 (30). S. 85-88.
5. Jafarli V. F. Critical criminal-legal analysis of Article 187 of the Criminal Code of the Russian Federation “Illegal circulation of means of payment” // Eurasian Advocacy. 2018. No. 3 (34). P. 88-89.
6. Jafarli V. F. Critical criminal-legal analysis of Article 159.3 of the Criminal Code of the Russian Federation “Fraud using electronic means of payment” // Eurasian Law Journal. 2018. No. 8 (123). pp. 224-225.
CRIMINAL LAW
NEDBAILOV Pavel Andreevich
assistant of Criminal Law sub-faculty, Institute of Law, Siberian Federal University, Krasnoyarsk
ALEXEEV Vsevolod Olegovich
Master of Laws
SOME ISSUES OF ESTABLISHING A CAUSE AND EFFECT RELATIONSHIP IN CRIMES COMMITTED IN THE FORM OF OMISSION
The article examines the problematic issues of establishing a cause and effect relationship in crimes committed in the form of omission. The authors conclude that when establishing a causal relationship, the type of criminal omission should be taken into account. Thus, in the case of an act committed in the form of “pure” omission, when establishing a causal relationship, inaction must be considered as an element of the causal complex. Along with the systems approach, the method of mental substitution should be used to establish cause and effect relationships.
Keywords: cause and effect relationship, omission, causal complex, mental substitution method.
Article bibliography
1. Gorelik I. I. Qualification of crimes dangerous to life and health. – Minsk, 1973. – 318 p.
2. Korobeev A. I. Failure to provide assistance to a patient // Criminological journal of the Baikal state university of economics and law. – 2007. – No. 1-2 (1). – P. 35-39.
3. Kosheleva A. Yu. Features of causal connection in the elements of crimes committed by inaction: dis. … candidate of legal sciences: 12.00.08 / Ur. state legal academy. – Ekaterinburg, 2005. – 156 p.
4. Malinin V. B. Causal connection in criminal law: Theoretical and practical issues: dis. … doctor of legal sciences: 12.00.08. – St. Petersburg, 1999. – 409 p.
5. Malinin V. B. Theories of causal connection in the concept of V. N. Kudryavtsev // Criminal law. – 2008. – № 2. – P. 102-107.
6. Ter-Akopov A. A. Crime and problems of non-physical causality in criminal law. – M.: Yurkniga, 2003. – 480 p.
7. Timeiko G. V. General doctrine on the objective side of crime / North Caucasus scientific center of higher education. – Rostov n / D: Publishing house of Rostov University, 1977. – 216 p.
CRIMINAL LAW
RAKHMANOVA Ekaterina Nikolaevna
Ph.D. in Law, associate professor, Head of Criminal law sub-faculty, North-West branch, V. M. Lebedev Russian State University, St. Petersburg
CYBERCRIME IN ASEAN: STATES’ EMPIRICAL APPROACH
The rapid development of information technologies in the member-states of the Association of Southeast Asian Nations (ASEAN) has led to an increase in cybercrime in the region and the need to develop measures to counter them at both the regional and national levels. The article analyzes the features of the ASEAN regional approach to solving cybercrime problems and the experience of individual countries. With the adoption of the Declaration on Preventing and Combating Cybercrime in 2017, ASEAN as a regional organization, as well as some of its member states, managed to achieve certain successes. But what most countries have in common is the lack of a single legislative act aimed at combating cybercrime, and a lack of uniformed legal language. In turn, ASEAN as a regional organization is limited in finding mutually acceptable results and implementing regional agreed documents, considering the ASEAN principles of non-interference and consensus decision-making by all ASEAN countries. The fight against cybercrime is also complicated by the high degree of heterogeneity in terms of economic development of ASEAN member states, regional peculiarities of interstate interaction, and the absence of a single regional legal act.
Keywords: ASEAN, harmonization, cybercrime, non-interference, regulatory and legal acts, counteraction, sovereignty, criminal liability.
Article bibliography
1. Honrada G. J. P., Bokeria S. A. Conventions of the “Shanghai Spirit” and the “ASEAN Way” as the Basis for New Regionalism // Bulletin of RUDN. Series: International Relations. – 2023. – Vol. 23, No. 2. – P. 253-264
2. Mahrina, Sasmito J, Zonyfar C. The Electronic and Transactions Law (EIT Law) as the First Cybercrime Law in Indonesia: An Introduction and Its Implementation// Pena Justisia. – 2022. – Vol. 21, No. 2. – P. 345-362
3. Dremlyuga R. I., Rusli M. H. B. M. The fight against cybercrime in Malaysia (criminal and criminological aspects) // Asia-Pacific region: economics, politics, law. – 2017. – No. 2-3. – P. 160-170
4. Khailova M. P., Shestak V. A. Crime Prevention in the Republic of Singapore // Bulletin of Economic Security. – 2022. – No. 6. – P. 244-248
5. Gultom Y. S. M. ASEAN’s preparations and response against hybrid threat in cyberspace // Indonesian Journal of International Relations. – 2024. – Vol. 8, No. 2. – P. 414-432.
6. Sundram P. ASEAN cooperation to combat transnational crime: progress, perils, and prospects // Frontiers in Political Science. – 2024. – Vol. 6. – P. 1-10.
7. Rakhmanova E. N., Pisarevskaya E. A. Combating human trafficking in ASEAN // Bulletin of Tomsk State University. – 2024. – No. 507. – P. 241-247.
CRIMINAL LAW
RODYGIN Roman Alexandrovich
senior lecturer of Criminal law sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
ABOUT THE CRIMINAL LEGAL CHARACTERISTICS OF THE OBJECT OF THE CRIME PROVIDED FOR BY ART. 151.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article analyzes the peculiarities of interpretation of the signs characterizing the object of criminal encroachment provided for in Article 151.2 of the Criminal Code of the Russian Federation “Involvement of a minor in committing acts that pose a danger to the life of a minor.” The author defines the content of the generic, specific, and main direct objects of the specified crime. The two-object nature of the act prohibited by Article 151.2 of the Criminal Code of the Russian Federation, where life acts as an additional direct object, is revealed, as well as an optional direct object. It has been established that a necessary condition for criminal liability is the ability of a minor victim to understand the actual nature of the actions in which he is involved. Based on the provisions of the act of interpretation of the supreme court, the rules for the application of the norm provided for in paragraph «a» of Part 2 of Article 151.2 of the Criminal Code of the Russian Federation are formulated.
Keywords: object of crime, victim, minor, involvement, danger to life, education of minors.
Article bibliographic list
1. Grebenkova L. A. Criminal-legal characteristics of the object of involving a minor in committing actions that pose a danger to his life (Article 151. 2 of the Criminal Code of the Russian Federation) // Law and Politics. – 2018. – No. 2. – P. 27-33.
2. Filippov P. A. Lectures on crimes against the family and minors. – Moscow: Prospekt LLC, 2019. – 296 p.
CRIMINAL LAW
FASSAKHOV Aidar Mullanurovich
lecturer of Tactical-special and fire training sub-faculty, Kazan Law Institute of the MIA of Russia
THE QUALIFICATION OF CRIMES AS A MECHANISM FOR THE IMPLEMENTATION OF CRIMINAL RESPONSIBILITY. PRINCIPLES OF QUALIFICATION
The problem of the correct and accurate classification of crimes remains relevant in the modern legal society. The norms governing the process of criminalization follow not only from the Criminal Code of the Russian Federation, but are also described in international, constitutional, and administrative law. The basis for the correct qualification of a crime is the principles of qualification, which must be taken into account by law enforcement officers. The article discusses the basic principles of crime qualification and their impact on the study of subjective and objective signs of an act. The positions of scientists on the formulation of the concepts of “qualification of crimes”, “principles of qualification of crimes” are studied, as well as generalized concepts of the above terms are proposed. During the writing of the article, the author applied the dialectical method of cognition, analysis and synthesis.
Keywords: the concept of qualification, principles of qualification, criminal law, crime, corpus delicti, subject of crime.
Article bibliographic list
1. Abramova AV The concept of qualification of crimes // Young scientist. – 2022. – No. 51 (446). – Pp. 429-432. – [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98131/ (date of access: 20.01.2025).
2. Abramova AV Types and stages of qualification of crimes // Young scientist. – 2022. – No. 51 (446). – Pp. 426-429. – [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98130/ (date of access: 19.01.2025).
3. Dyakov I. A. The Importance of the Objective Side for the Qualification of Crimes // Young Scientist. – 2021. – No. 46 (388). – P. 158-160. – [Electronic resource]. – Access mode: https://moluch.ru/archive/388/85402/ (date of access: 22.01.2025).
4. Pusurmanov G. V. On the Rules for Qualifying Crimes // Scientific Notes of the V. B. Bobkov St. Petersburg Branch of the Russian Customs Academy. – 2019. – No. 1 (69). – P. 96-99.
5. Shvareva T. V. The Importance of Qualifying Crimes // New Legal Bulletin. – 2019. – No. 1 (8). – P. 55-58. – [Electronic resource]. – Access mode: https://moluch.ru/th/9/archive/113/3836/ (date of access: 21.01.2025).
6. Yaroshchuk M. V. Rules for the qualification of crimes and their implementation in law enforcement practice // Young scientist. – 2019. – No. 22 (260). – P. 390-393. – [Electronic resource]. – Access mode: https://moluch.ru/archive/260/59892/ (date of access: 24.01.2025).
CRIMINAL LAW
ZYRYANOVA Mariya Sergeevna
postgraduate student of Criminal law sub-faculty, St. Petersburg State University of Economics
ANALYSIS OF THE APPLICATION OF THE MATERIAL APPROACH TO THE QUALIFICATION OF FRAUD IN THE SPHERE OF CREDIT IN THE NORTH-WESTERN DISTRICT
The study is devoted to the analysis of judicial practice in cases of fraud in the field of lending (Article 159.1 of the Criminal Code of the Russian Federation) in the North-West Federal District (NWFD) from 2015 to 2024. The author puts forward a hypothesis about a uniform approach to the formation of the practice of the material approach to the qualification of crimes. Cases of application of the formal and material approaches are examined. Based on the analysis of 18 court decisions from 7 subjects of the NWFD, the prevalence of the material approach is confirmed, which requires an assessment of the materiality of the unreliability of information for making a decision on concluding a loan agreement and issuing loan funds. Particular attention is paid to contradictions in judicial practice and cases of reclassification of crimes. The results of the work confirm the need for unification of law enforcement, taking into account the recommendations of the Supreme Court of the Russian Federation, as well as the recommendations of the Author.
Keywords: fraud in the field of lending, material approach, formal approach, judicial practice, Northwestern Federal District.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of November 30, 2017 No. 48 “On judicial practice in cases of fraud, embezzlement and misappropriation” // Reference legal system “Consultant-Plus”. [Electronic resource]. – Access mode: https://consultant.ru/document/cons_doc_LAW_283918/.
2. Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: http://www0.mvd.ru (date of access: 15.06.2024).
3. Verdict of the Moscow District Court of St. Petersburg dated 13.09.2016 No. 1-756/2016 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/OUxQtChTFFT/ (date of access: 01.03.2024).
4. Verdict of the Pskov District Court of the Pskov Region dated 25.04.2022 No. o1-62/20222015 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – https://sudact.ru/regular/doc/OxQtChTFFJT/ (date of access: 01.11.2024).
5. Verdict of the Lomonosov District Court of Arkhangelsk dated 04.12.2023 No. 01-647 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/OUxQChTFFJT/ (date of access: 01.09.2024).
6. Verdict of the Guseevsky Court of the Kaliningrad Region dated 03 October 2018 No. 1-80/2018 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/bDrLfBPCqmr/ (date of access: 18.03.2024).
7. Verdict of the Guards Court of the Kaliningrad Region dated October 4, 2023 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/bDcrLfBPCmr/ (date of access: 23.07.2024).
8. Verdict of the Cherepovets Court of the Vologda Region dated March 3, 2023 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/bcrLfBPCmr/ (date of access:(date of access: 07.07.2024).
9. Verdict of the Vasileostrovsky District Court of St. Petersburg dated 23.10.2018 No. 1-409/18 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/bDrLfBPcCqmr/ (date of access: 18.03.2024).
10. Mkrtchyan S. M. Fraud in the field of lending: issues of the validity of the corpus delicti and criminal-legal incentives for positive post-criminal behavior: specialty 12.00.08 “Criminal law and criminology, criminal-executive law”: abstract of the dissertation for the degree of candidate of legal sciences. – Volgograd, 2017. – 23 p.
11. Verdict of the Leningrad District Court of Kaliningrad, Kaliningrad Region dated March 21, 2007 No. 1-151/2007 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/ (accessed: 01.03.2024).
12. Verdict of the Leningrad District Court of Kaliningrad, Kaliningrad Region dated April 17, 2007 No. 1-188/2007 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/bc9iQpm7SZWx/ (accessed: 01.03.2024).
13. Fedorov D. A. Accounting for the amount of theft in “special” fraud cases (Articles 159.1-159.6 of the Criminal Code of the Russian Federation) // Russian investigator. – 2024. – No. 4. – P. 29-32.
CRIMINAL LAW
NAZHMETDINOV Aidar Rashidovich
adjunct of the 1st course of study, Krasnodar University of the MIA of Russia
CURRENT ISSUES IN THE INVESTIGATION OF CRIMINAL CASES INVOLVING FOREIGN CITIZENS
Investigation of criminal cases involving foreign citizens has a number of legal and procedural features. In the Russian Federation (RF), the commission of criminal acts by foreign citizens is a pressing issue, since there are subjective and objective factors that contribute to the commission of illegal actions by foreign persons. Despite the decrease in the crime rate among foreigners in the territory of the Russian Federation, in the field of investigation of criminal cases involving foreign citizens, problems arise that require special attention, which will prevent violations of the law. The provisions of the Criminal Procedure Code of the Russian Federation regulate certain issues of investigation of criminal cases involving foreign citizens. One of the pressing problems that affects the investigation process as a whole is the lack of knowledge of the language of legal proceedings by a foreign person, since most foreign citizens do not speak Russian at the proper level. However, this is not the main problem; special attention is required by the issue of the lack of a unified methodology for investigating criminal cases involving a foreign person, which creates difficulties for the investigator when conducting an investigation. Special requirements are imposed on the level of professional qualifications of the investigator investigating criminal cases involving foreign persons.
Keywords: foreign persons, criminal cases, detention, translator, investigation, investigator, legal proceedings, international law, investigation, accused, victim.
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).
2. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 28.12.2024) (as amended and supplemented, entered into force on 05.02.2025).
3. Khmelev S. A. Current issues of compliance with the procedural rights of foreign citizens suspected of committing a crime // Young scientist. – 2016. – No. 25 (129), Vol. 1. – P. 34-35.
4. Bachieva A. V. Boziev T. O. Petrakov S. V. Certain issues of organizing and investigating crimes committed by foreign citizens // Journal of Legal and Economic Studies. – 2022. – No. 3 – P. 145-153.
5. Khamitov R. N., Nurkaeva G. L. Features of conducting investigative actions with the participation of foreign citizens // Modern scientific research and innovation. – 2021. – No. 4. – [Electronic resource]. – Access mode: https://web.snauka.ru/issues/2021/04/95247 (date of access: 21.02.2025).
6. Belyaev I. R. Participation of foreign citizens in Russian criminal proceedings // Young scientist. – 2023. – No. 5 (452). – pp. 86-88.
CRIMINAL LAW
NOZDRIN Sergey Alexandrovich
postgraduate student of Criminal law sub-faculty, Volgograd State University
THE PROPERTIES OF THE SUBJECT OF CRIMES PROVIDED FOR IN ARTICLE 312 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article defines the subject of illegal acts in relation to property subject to inventory or arrest or subject to confiscation, ttaking into account the specifics of the properties of the object of these encroachments. It is concluded that the subjects of the crime for in Part 1 of Article 312 of the Criminal Code of the Russian Federation can be attributed only to those persons from among the responsible custodians who were entrusted with the custody or protection of property seized on the basis of Article 115 of the Criminal Procedure Code of the Russian Federation or in accordance with Article 80 of the Federal Law “On Enforcement Proceedings” during execution of judicial enforcement documents. The article notes that, since the objective side of the crime provided for in Part 2 of Article 312 of the Criminal Code of the Russian Federation is always expressed in the form of evasion from the execution of a court verdict on the confiscation of property that has entered into force, criminal liability for illegal acts in relation to property subject to confiscation can only be borne by the person who is responsible for the execution of this judicial act.
Keywords: crime, justice, judicial act, responsible storage, inventory of property, seizure of property, confiscation of property, failure to perform legal duty.
Article bibliographic list
1. Guly A. A. Criminal liability for illegal actions in relation to property subject to inventory or seizure or subject to confiscation: dis. … Cand. of Law. – Moscow, 2007. – 195 p.
2. Druzin AI Criminal-legal support for the implementation of a judicial act: dis. … candidate of legal sciences. – Ulyanovsk, 2001. – 279 p.
3. Kiryanov AA Illegal actions in relation to property subject to inventory or arrest or subject to confiscation (criminal-legal and criminological issues): dis. … candidate of legal sciences. – St. Petersburg, 2023. – 234 p.
4. Lobanova LV Criminal violations of the mandatory nature of a court sentence: textbook. – Volgograd, 2004. – 72 p.
5. Plaksina TA Subject of embezzlement, alienation, concealment or illegal transfer of property subject to inventory or arrest // Criminal law. – 2015. – No. 1. – P. 79-84.
CRIMINAL LAW
CHISTYAKOV Alexey Alexeevich
Ph.D. in Law, professor, professor of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
MADZHUMAEV Murad Mamedovich
Ph.D. in Law, leading researcher, senior lecturer of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
CRIMINAL EXPLOITATION OF THIRD-PARTY FINANCIAL PAYMENT INSTRUMENTS (MONEY MULES)
Holders of financial payment instruments (including bank cards) are required to implement measures to ensure their safe and legitimate use. Transferring these instruments to third parties for use is prohibited. However, there are cases where individuals (money mules) provide third parties with access to their bank cards in exchange for remuneration, which are then used for illegal purposes.
This article addresses the criminal-legal qualification of the transfer and use of payment instruments to third parties. It outlines the main approaches to defining the concept of “money mule”, and differentiates their functional roles (“cashers”, “transitors” and “depositors”) in committing an offense as well as their mental state (conscious and unconscious) in relation to their actions.
The article presents two possible options for criminal-legal assessment of money mules` actions: 1) qualification of their actions under current criminal legislation; 2) the criminalization of the examined act.
The conclusion suggests that it is reasonable to classify the money mule as an accomplice to a crime, qualifying their actions under existing elements of crime.
Keywords: money mule, complicity, accessory, intermediary execution, financial payment instruments, bank card, theft, laundering (legalization) of proceeds of crime.
Bibliographic list of articles
1. Pickles R. Money Mules: Exploited Victims or Collaborators in Organized Crime? // Irish Probation Journal. – 2021. – T. 18. – P. 232.
2. Abdul Rani M. I., Syed Mustapha Nazri S. N. F., Zolkaflil S. A systematic literature review of money mule: Its roles, recruitment and awareness // Journal of Financial Crime. – 2024. – T. 31, No. 2. – P. 347-361.
3. Chan C. C. et al. The Tendency to be a Money Mule: At-Risk Behaviors and the Determinants //European Proceedings of Social and Behavioral Sciences. – 2023. – Vol. 132. – P. 55-69.
4. Esoimeme E. E. Identifying and reducing the money laundering risks posed by individuals who have been unknowingly recruited as money mules // Journal of Money Laundering Control. – 2021. – Vol. 24, No. 1. – P. 9-10.
5. Raza M. S., Zhan Q., Rubab S. The role of money mules in money laundering and financial crimes a discussion through case studies // Journal of Financial Crime. – 2020. – Vol. 27, No. 3. – P. 911-931.
6. Sukhodolov A. P., Bychkova A. M. Digital technologies and drug crime: problems of counteracting the use of the Telegram messenger in drug distribution // All-Russian Criminological Journal. – 2019. – No. 1. – P. 8.
7. Aivazova O. V., Mailyan A. V. On the forensic classification of theft methods committed using electronic means of payment // Bulletin of Tula State University. – 2022. – No. 2. – P. 88.
8. Gumarov I. A., Tyryshkin V. V. Documentation of crimes committed using information and telecommunication technologies // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 4 (53). – P. 30.
9. Kopylov V. V., Prokofiev O. M., Kaloshina Yu. S. Features of committing remote theft of citizens’ funds using the social engineering method // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. – P. 128.
10. Timko S. A., Podshivalov A. P. Regional drug trafficking using the information and telecommunications network “Internet”: role characteristics of its participants // Lex Russica. – 2021. – No. 5 (174). – P. 132.
11. Gaifutdinov R. R. Types of computer fraudsters // VEPS. – 2017. – No. 2. – P. 55.
12. Gazimullin I. Yu. Some organizational and tactical features of counteracting crimes committed using information and telecommunications technologies // Society, Law, Statehood: Retrospective and Prospect. – 2022. – No. 1 (9). – P. 52.
13. Badikov D. A., Eliseeva K. A. Fraud with the use of electronic means of payment: on the issue of criminal-legal characteristics // Scientific Bulletin of the Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2024. – No. 2 (99). – P. 5.
14. Kudryavtsev V. N., Dagel P. S., Zlobin G. A. et al. Grounds for criminal-legal prohibition: criminalization and decriminalization / Responsible. ed. V. N. Kudryavtsev, A. M. Yakovlev]. (Law and Sociology). – M.: Science, 1982. – P.204-207.
15. Complete course of criminal law: Crime and punishment: in 5 volumes. T. 1 / Edited by: Korobeeva A. I. – St. Petersburg: “Legal Center Press”, 2008. – P. 106-107.
CRIMINAL PROCEDURE
GADZHIALIEVA Adelina Teymurkhanovna
lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia
FORCE MAJEURE WHEN DECIDING TO SUSPEND A PRELIMINARY INVESTIGATION
The author of this article analyzes the grounds for suspending a preliminary investigation in the criminal processes in Russia, with the following countries Commonwealth of Independent States. Based on the conducted research, it is proposed to supplement it with provisions providing for the suspension of the preliminary investigation as a result of force majeure, which temporarily prevents further criminal proceedings. Attention is focused on the fact that the concept of “force majeure” requires clear legislative consolidation and detail in order to avoid discrepancies in law enforcement practice. The introduction of such changes will not only allow unifying approaches to suspending the preliminary investigation, but also increase the efficiency of law enforcement agencies, ensuring a more flexible and fair regulation of the criminal process.
Keywords: preliminary investigation, grounds for suspension, force majeure, criminal case, criminal procedure legislation.
Article bibliography
1. Agibalova E. N., Bezverkhova A. O. Evolution of the doctrine of force majeure (vismajor) in the civil law of the Russian Federation // Sustainable development of science and education. 2018. No. 12. P. 149
2. Kochanenko E. P. The procedure for concluding a state (municipal) contract due to force majeure // Legislation and Economics. 2009. No. 7. See also: Belov A. P. Exemption from liability for violation of a foreign trade transaction // Law and Economics. 1999. No. 11. P. 57-64.
3. Korshunova N. P. Force majeure: a new look at an old problem // Journal of Russian Law. 2008. No. 3. P. 81.
CRIMINAL PROCEEDINGS
GADZHIEV Vugar Edvar oglu
Ph.D. in Law, associate professor of Civil, administrative and criminal process sub-faculty, East Siberian branch, V. M. Lebedev Russian State University of Justice, Irkutsk
OPERATIONAL-SEARCH CHARACTERISTICS OF CRIMES RELATED TO VIOLATION OF VETERINARY RULES IN RELATION TO LIVESTOCK
The article reveals the elements of the operational-search characteristics of the criminal act provided for in Part 1 of Article 249 of the Criminal Code of the Russian Federation: the subject of the criminal offense and its consequences; data on typical methods of committing a crime and a cause-and-effect relationship; features of the qualification of the corresponding type of crime, etc. Recommendations are given on the use of information characterizing this crime by employees of operational units in conducting specific operational-search activities (hereinafter referred to as OSI). The issues of qualification of crimes of this category and their distinction from related administrative offenses are touched upon, methods for obtaining the necessary information are proposed, including through the investigative action “Monitoring and recording of conversations” within the framework of interaction between the inquiry body and the investigator, since the implementation of OSI “Wiping telephone conversations” for violation of veterinary rules is prohibited. Using the example of analyzing an ineffective investigation of a criminal case, the author proposes specific investigative-operational measures to solve it.
Keywords: violation of veterinary rules, epizootic, serious consequences, cause-and-effect relationship, livestock, operational-search characteristics of crimes.
Bibliographic list of articles
1. Garmaev Yu. P. Criteria for the effectiveness of methods for investigating corruption crimes // Criminal-legal, criminal-procedural and forensic issues of combating crime: Collection of scientific papers based on the materials of the VI All-Russian scientific and practical conference with international participation, Krasnodar, December 09, 2022. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2023. – P. 265-269.
2. Karkusova A. V., Marzaganova A. M. On the issue of criminal liability for violation of veterinary rules // Collection of conference papers. Materials of the All-Russian scientific and practical conference (in absentia). – 2017. – P. 286-289.
3. Larichev V. D. Operational-search characteristics of economic crimes: concept and content // Operative (detective) – 2007. – No. 2. – P. 17-21.
4. Gadzhiev V. E., Mkrtychyan B. A.Criminal liability for theft of livestock and operational-search support for combating it. – Novosibirsk: Publishing House of NGAU, 2010. – 222 p.
CRIMINAL PROCEEDINGS
GEDUGOSHEV Ratmir Ruslanovich
Ph.D. in pedagogical sciences, senior lecturer of Fire training sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, colonel of police
CHOTANOV Tavbolat Rasulovich
student, listener in the direction 40.04.01 Jurisprudence, Volgograd Academy of the MIA of Russia
ENSURING THE SAFETY OF CRIMINAL PROCEEDINGS: THEORETICAL AND PRACTICAL ASPECTS
The Russian legislator has determined that the purpose of criminal proceedings is to protect the rights and legitimate interests of individuals and organizations that are victims of crimes. Thus, witnesses and victims may be subject to threats or pressure from the accused who committed the crime. Providing protection is the definition of security. This article discusses the definitions of the concept of ensuring the safety of participants in criminal proceedings.
Keywords: Security, legal proceedings, witness, victim, physical protection, criminal proceedings.
Article bibliography
1. Vasilyeva E. G., Yezhova E. V., Shageeva R. M. Issues of criminal proceedings in decisions of the constitutional court of the Russian Federation in 2 parts. Part 2. – M .: Yurait, 2023. – 361 p.
2. Criminal procedural law of the Russian Federation. Interactive workshop / Ed. G. M. Reznik. – M.: Yurait, 2024. – 447 p.
3. Antonovich E. K., Vilkova T. Yu., Volodina L. M., et al. Proof and decision-making in adversarial criminal proceedings: monograph / Ed. L. N. Maslennikov. 2nd ed., revised and enlarged. – M.: NORMA, INFRA-M, 2022. – 448 p.
4. Criminal Procedure Law of the Russian Federation. General Part / Ed. G. M. Reznik. – M.: Yurait, 2023. – 453 p.
5. Pre-trial proceedings in criminal proceedings / Ed. B. B. Bulatov, A. M. Baranov. – M.: Yurait, 2023. – 215 p.
6. “Criminal Procedure Code of the Russian Federation” dated 18.12.2001 No. 174-FZ (as amended on 28.12.2024).
7. Practice of applying the Criminal Procedure Code of the Russian Federation in 2 parts. Part 1 / Ed. by V. M. Lebedev. – M.: Yurait, 2024. – 247 p.
8. Vilkova T. Yu., Markova T. Yu. Criminal Procedure Law of the Russian Federation. Workshop. – M.: Yurayt, 2023. – 630 p.
CRIMINAL PROCEDURE
NOVOKSHONOV Dmitriy Vyacheslavovich
Ph.D. in Law, associate professor, Head of Industry and legal disciplines sub-faculty, Military Order of Zhukov Academy of the National Guard of the Russian Federation, St. Petersburg
SOME PROBLEMS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURE POLICY AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS: INSTRUCTIONS FROM THE INVESTIGATOR TO THE BODY OF INQUIRY AS A FORM OF INTERACTION IN THE INVESTIGATION OF CRIMES
The article discusses current issues of criminal procedure policy at the pre-trial stages of the preliminary investigation. The article examines some problematic issues of the limits of the legal possibilities of the body of inquiry to carry out the instructions of the investigator to the body of inquiry, the interaction of the investigator with the body of inquiry, in the investigation of crimes. The legal mechanism is fixed in the criminal procedure legislation is revealed, its official character is emphasized, the procedural status of such a form as giving instructions to the body of inquiry for carrying out individual investigative and procedural actions, operational investigative measures is indicated. A number of problems in applying this form of interaction have been revealed, and proposals are made to improve criminal procedure legislation, law enforcement practice, and criminal procedure policy.
Keywords: criminal procedure policy, investigative bodies, body of inquiry, interaction, operational investigative measures, assignment, investigative actions, procedural actions.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 20.03.2025). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Novokshonov D. V. Features of criminal liability of military personnel for crimes committed during a special military operation // Military Law. – 2024. – No. 3 (85). – P. 180-183.
3. Mikhailov A. I. Separate assignment of the investigator. – M., 1971. – P. 24-25.
4. Larin A. M. Investigation of a criminal case: procedural functions. – M., 1986. – P. 123.
5. Novokshonov D. V., Petukhov N. A. Criminal procedural law (generale provisions). – Belgorod: Limited Liability Company Epicenter, 2017. – P. 54.
6. Legal and forensic aspects of the investigation of certain types of corruption crimes: a tutorial / Under the general editorship of V. N. Karagodin. – M., 2019. – P. 152-153.
7. Zheleznyakov S. A. Interaction of the investigator and the bodies carrying out operational-search activities in the investigation of corruption-related crimes // Young scientist. – 2022. – No. 42 (437). – P. 100-101.
8. Evstratova Yu. A., Novokshonov D. V., Shaposhnikov A. A. Criminal procedure: Album of schemes. – T. 1.: St. Petersburg Military Order of Zhukov Institute of the National Guard Troops of the Russian Federation, 2020. – P. 35.
9. Novokshonov D. V., Shaposhnikov A. A. Comprehensive practical training in forensics: Textbook. – St. Petersburg Military Order of Zhukov Institute of the National Guard Troops, 2024. – P. 35.
10. Bakhteyev D. V., Drapkin L. Ya. Interaction of investigators with inquiry bodies and other participants in the investigation of crimes // Electronic supplement to the Russian Law Journal. – 2017. – No. 3. – P. 47.
11. Alekseev I. M., Andreeva O. I., Antonov I. A. [et al.]. Criminal procedural law (criminal procedure): a textbook for the implementation of professional educational programs of higher education in the enlarged group of specialties and areas of training 40.00.00 – Jurisprudence. – St. Petersburg: Foundation for Assistance to Science and Education in the Field of Law Enforcement “University”, 2023. – 672 p.
12. Antonov I. A., Salnikov V. P., Vanin D. V. [et al.]. Humanization of criminal procedural relations: pre-trial proceedings in criminal cases. – St. Petersburg Military Institute of the Order of Zhukov of National Guard Troops, 2024. – 275 p.
CRIMINAL PROCEDURE
SABIEV Suliman Shamsudinovich
senior lecturer of Public law and criminal law disciplines sub-faculty, Russian New University
FEATURES OF CRIMINAL PROCEDURAL PROOF IN CASES OF CRIMES IN THE CREDIT AND FINANCIAL SPHERE
The article discusses the features of proof in criminal cases of crimes in the credit and financial sphere. The circumstances are subject to establishment in cases in the credit and financial sphere, which have criminal-legal significance, are revealed. Based on the analysis and investigative and judicial practice, the author offers practical recommendations for their subsequent normative consolidation.
Keywords: crimes in the credit and financial sphere, features of the subject of proof, limits of proof, special knowledge.
Article bibliography
1. Koblikov A. S. Legislation on criminal proceedings and concepts of the theory of evidence as // Actual problems of proof in the Soviet criminal process. Theses of speeches at the theoretical seminar, held by the All-Russian Research Institute of the Ministry of Internal Affairs of the USSR on March 27, 1981. – M., 1981. – P. 13-14.
2. Lubin A. F. Mechanism of criminal activity interdisciplinary scientific category // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2001. – No. 2. – P. 174.
3. Minkovsky G. M. Theory of evidence in Soviet criminal proceedings. USSR Prosecutor’s Office / Ed. N. V. Zhogin. All-Union Institute for the Study of Causes and Development of Crime Prevention Measures. – M., 1966-1967. – Vol. 1. – P. 188.
4. Sabiev S. Sh. Criteria and limits of differentiation of the criminal procedural form in cases of crimes in the credit and financial sphere // Bulletin of Economics, Law and Sociology. – 2024. – No. 2. – P. 135.
5. Truntsevsky Yu. V., Dolganov S. I. Development of Russian criminal legislation on liability for crimes in the sphere of banking activities // Business Security. – 2020. – No. 3. – P. 30.
6. Ulyanova L. T. Subject of proof and evidence in criminal proceedings in Russia. – M., 2008. – P. 48.
7. Foinitsky I. Ya. Course in criminal proceedings. – St. Petersburg, 1996. – Vol. 2. – P. 238.
8. Chinenov E. V., Shchukin V. I. Financial and credit relations as an object of research in the detection and investigation of economic crimes // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (35). – P. 49-50.
9. Yani P. S. Issues of qualification of theft of non-cash funds // Legality. – 2022. – No. 1. – P. 50.
10. Management of public and municipal finances: course of lectures / Ed. by Cand. of Law. Sciences A. A. Tsviliy-Buklanova et al. – M., 2021. – P. 84.
11. Zhilkin M. G., Khimicheva O. V., Russkevich E. A. et al. Counteraction to crimes committed in the sphere of cryptocurrency circulation: textbook. Manual. – M.: INFRA-M, 2022. – P. 19.
12. Panfilov P. O. Criminal-legal protection of cryptocurrency circulation as a conscious necessity in the context of digitalization of economic relations // Development of the doctrine on counteracting the investigation of crimes and measures to overcome it in theconditions of digital transformation: a collection of scientific articles based on the materials of the international scientific and practical conference, May 21, 2021 / Edited by Yu. V. Gavrilin, Yu. V. Shpagina. – M., 2021. – P. 556.
CRIMINAL PROCEEDINGS
KHOLOIMOVA Alexandra Sergeevna
Ph.D. in Law, associate professor, associate professor of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
KUZNETSOVA Olga Alexeevna
Ph.D. in Law, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
VLASENKO Nikolay Alexandrovich
Ph.D. in Law, professor, professor of Theory of state and law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
EVIDENCE AND PROOF IN INDIAN CRIMINAL PROCEDURE
The article summarizes the results of the study of Indian legal acts regulating the rules for the collection and use of evidence in criminal proceedings. The provisions of the new Code of Criminal Procedure and the new version of the Law on Evidence are highlighted. Innovations related to the types of evidence and the rules for their detection, collection and recording are considered. Attention is paid to the issues of the burden of proof, the classification of evidence proposed by the legislator. The procedural features that should be observed in order for the evidence to meet the requirements of the criminal procedure legislation are revealed.
Keywords: evidence, burden of proof, cross-examination, videoconferencing, affidavit, burden of proof, presumption, confession of the accused, primary and secondary evidence, electronic evidence.
Bibliographic list of articles
1. Dhanashree Chowdhury and Mahua Roy Chowdhury. The Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act to be revamped. [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=c84a6d2d-d128-4ad4-b8ef-cac874bbdbd8 (date of access: 12.02.2025).
2. Sri Mude Anil Kumar Naik. Criminal law – practice and procedure. [Electronic resource]. – Access mode: https://cdnbbsr.s3waas.gov.in/s3ec03333cb763facc6ce398ff83845f22/uploads/2024/11/2024112871.pdf (date of access: 12.02.2025).
CRIMINAL PROCEEDINGS
BELOZEROVA Irina Ivanovna
Ph.D. in Law, associate professor of Criminal law criminal process and criminology sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
GULOVA Akjemal
postgraduate student of Criminal law criminal process and criminology sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
ADVOCACY IN GERMAN CRIMINAL PROCEEDINGS
This article is devoted to the role of a lawyer in the criminal proceedings of the Federal Republic of Germany. The laws that define the legal status of the lawyer, as well as his tasks are considered. Due to the fact that nowadays the lawyer’s status in the judicial process has become unusually important, as the participation of the lawyer has become mandatory for the protection of the rights and legitimate interests of citizens. The research is aimed at determining the concept and content of the status of a lawyer in Germany, which is considered as the main element of the criminal procedural law of the continental system.
The analysis carried out and the conclusions formulated make it possible to present in more detail the legal status of a lawyer in Germany, to use the data obtained in the training of law students.
Keywords: lawyer, criminal procedure, criminal procedure code, Federal Republic of Germany.
Bibliographic list of articles
1. Christian Booß: Im goldenen Käfig. Zwischen SED, Staatssicherheit, Justizministerium und Mandant – die DDR-Anwälte im politischen Prozess. Vandenhoeck & Ruprecht. Göttingen, 2017. ISBN 978-3-525-35125-3
2. Deutscher Anwaltverein und Institut für Juristische Weiterbildung an der Fernuniversität in Hagen (Hrsg.): DAV-Anwaltausbildung. Band 2: Die theoretische Ausbildung. Deutscher Anwaltverlag. Bonn, 2005. ISBN 3-8240-0749-5, S. 11 ff. (Kapitel “Der Rechtsanwalt in der Gesellschaft”, “Eine kleine Geschichte der deutschen Anwaltschaft”, “Die Anwaltschaft aus soziologischer Sicht”)
3. Gerhard Hartstang: Der deutsche Rechtsanwalt. Rechtsstellung und Funktion in Vergangenheit und Gegenwart. C. F. Müller. Heidelberg, 1986. ISBN 3-8114-1186-1. (veraltet)
4. Karl Welker (Hrsg.): Vom Ursprung der anwaltlichen Selbstverwaltung. Justus Moser anddie Advokatur. Göttingen, 2007.
CRIMINAL PROCEDURE
MAYKO Darya Petrovna
postgraduate student, Krasnoyarsk State Agrarian University
PROOF BY A LAWYER: INDIRECTLY OR DIRECTLY?
The article is devoted to the evidence provided by a lawyer during the investigation and consideration of criminal cases in the Russian Federation. The subject of the lawyer’s evidence in the domestic criminal process has been determined. The methods of collecting evidence by a lawyer have been studied (Part 3 of Article 86 of the Criminal Procedure Code of the Russian Federation. Various approaches outlined in the legal literature are considered regarding how a lawyer collects evidence – indirectly or directly. Each of the above positions is analyzed. Each concept is critically analyzed. As a result of the analysis, the conclusion was substantiated that the lawyer participates in the proving process both indirectly and directly.
Keywords: advocate, evidence by defense attorney in criminal proceedings, collection of evidence.
Article bibliographic list
1. Aleinikov B. N. Organization of advocacy: a manual. – Penza: Publishing house of PSU, 2017. – 148 p.
2. Kudryavtsev V. L. Constitutional right to receive qualified legal assistance from a defense attorney // Russian Justice. – 2006. – No. 4. – P. 26-27.
3. Lazareva V. A., Ivanov V. V., Utarbaev A. K. Protection of individual rights in criminal proceedings: a tutorial for masters. – Moscow: Yurait, 2015. – 322 p.
4. Maiko D. P. Activities of a lawyer on proving in the court of appeal // Eurasian Advocacy. – 2024. – No. 5 (70). – P. 95-97
5. Ragulin A. V. Professional rights of a defense lawyer in the Russian Federation: issues of theory and practice: specialty 12.00.11. Judicial activity, prosecutorial activity, human rights and law enforcement activity: dissertation for the degree of Doctor of Sciences. – Moscow, 2014. – 462 p.
6. Cheltsov M. A. Tasks of the Soviet defense in the procedural position of the lawyer // Lawyer in the Soviet criminal process. – 1954. – P. 53.
7. Shakhkeldov F. G. Participation of the defense attorney in proving during the preliminary investigation: Abstract of the dissertation for the degree of candidate of legal sciences. – Moscow, 2001. – 21 p.
8. Sheifer S. A. Evidence and proving in criminal cases: problems of theory and legal regulation. – Moscow: Norma, 2010. – 240 p.
CRIMINAL PROCEEDINGS
STULIKOVA Nadezhda Viktorovna
postgraduate student, Samara State University of Economics
THE PRINCIPLE OF INVIOLABILITY OF THE HOME: A BRIEF COMPARATIVE LEGAL AND RETROSPECTIVE ANALYSIS OF THE ESSENTIAL CONTENT
The article analyzes the provisions of the domestic and foreign legislative framework, as well as the legal doctrine on controversial issues of the essential parameters of the principle of inviolability of the home. Its design features are examined in foreign regulatory sources, national features are highlighted through the prism of a retrospective analysis, and general conclusions are presented regarding general and particular features in relation to the national design of the above principle. The theoretical significance of the research results lies in the possibility of their use in the course of further scientific developments on the stated topic.
Keywords: principles of law, criminal procedure law, criminal proceedings, the principle of inviolability of the home, legal principles, legal process.
Article bibliographic list
1. Lang P. P., Korotaeva T. V. Training of specialists in the field of law enforcement: current state and prospects // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 375-376. – DOI 10.46320/2073-4506-2023-1-176-375-376. – EDN NYCTEQ.
2. Lang P. P. Organization of the educational process in the framework of training specialists in the field of law at the present stage // Scientific and methodological electronic journal “Concept”. – 2024. – No. 7. – P. 1-13. – DOI 10.24412/2304-120X-2024-11101. – EDN ESNYXK.
3. Peshkov A. M. Arrest and Search in Criminal Proceedings in the USA. – M.: Spark, 2005. – P. 52.
4. Peshkov M. A. Search without a Warrant in Criminal Proceedings in the USA // Jurist. – 2018. – No. 3. – P. 56-59.
5. Dunaeva M. S. Guarantees of the Inviolability of the Home in Criminal Proceedings: Problems of Domestic Legislation and Foreign Experience // Actual Problems of the Humanities and Natural Sciences. – 2016. – No. 10-2. – P. 59.
6. Butenko O. V. Legal Aspects of Search and Seizure in Foreign Countries // Bulletin of Science and Education. – 2017. – No. 6 (30). – P. 76.
7. Lang P. P. The Right to Judicial Protection as a Constitutionvalue // Questions of Economics and Law. – 2021. – No. 156. – P. 11-15. – DOI 10.14451/2.156.11. – EDN RCKYHY.
8. Lang P. P. Law and Order: Value-Legal Aspect // Russian Justice. – 2022. – No. 10. – P. 9-13. – DOI 10.52433/01316761_2022_10_09. – EDN YVWQHQ.
9. Lang P. P. Functions of Justice: Past and Present // Russian Judge. – 2022. – No. 12. – P. 41-46. – DOI 10.18572/1812-3791-2022-12-41-46. – EDN KKFMER.
CRIMINAL PROCEEDINGS
YUSHINA Yuliya Vladimirovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty, Lugansk branch, Voronezh Institute of the MIA of Russia
KLINCHUK Svetlana Vasiljevna
senior lecturer of Criminal process and criminology sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL MECHANISMS FOR COMPENSATION OF DAMAGE TO VICTIMS: CURRENT CHALLENGES AND PROSPECTS IN THE CONTEXT OF A SPECIAL MILITARY OPERATION
The article discusses issues related to compensation for damage to the victim (civil plaintiff) by a person who committed a crime, but was released from criminal liability and punishment on the prescribed grounds by law, Articles 781 and 802UK. 781, 802 of the Criminal Code of the Russian Federation and Article 282 of the Code of Criminal Procedure of the Russian Federation regarding the establishment of one of the conditions for exemption from criminal liability and punishment of a participant in SMO, compensation for harm or otherwise its amends to the victim (civil plaintiff) by analogy with Articles 75, 76, 761, 762, 78 of the Criminal Code of the Russian Federation.
Keywords: victim, civil plaintiff, soldier, participant in the SMO, release from criminal liability, release from punishment, reparation for harm.
Bibliographic list of articles
1. Federal Law of March 23, 2024 No. 64-FZ “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation”.
2. Institutional Foundations of Criminal Law of the Russian Federation: for the 70th Anniversary of Professor V. P. Konyakhin: Collection of materials from the international scientific and practical conference, Krasnodar, February 1-2, 2024. – Krasnodar: Kuban State University, 2024. – 724 p.
3. Regulation on the procedure for considering petitions for pardon of convicted persons in respect of whom there is a guilty verdict of the court that has entered into legal force, approved by Decree of the President of the Russian Federation No. 787 “On certain issues of the activities of the commission on pardon issues in the territories of the constituent entities of the Russian Federation”.
CRIMINAL PROCEEDINGS
YATSENKO Sergey Igorevich
magister student of Criminalistics sub-faculty, M. V. Lomonosov Moscow State University
DIFFERENCE BETWEEN TACTICS OF JUDICIAL INTERROGATION IN CRIMINAL AND CIVIL PROCEEDINGS
The article is devoted to the consideration of issues related to the existing differences between the tactics of judicial interrogation in criminal and civil proceedings. In the course of the study, special attention is paid to the responsibility for giving false testimony and relevant sanctions. The reasons that induce witnesses to give false testimony are also described. In addition, the article analyses situations when testimony does not correspond to reality due to various objective and subjective reasons. Special emphasis in the article is made on the role of the judge in the interrogation.
Keywords: interrogation, testimony, process, witness, investigation, law, formulation.
Article bibliography
1. Smolina L. A., Sungurova A. S. How interrogation in a criminal case differs from interrogation in civil proceedings and how to prepare for it // Criminal procedure. – 2019. – No. 4. [Electronic resource]. – Access mode: https://e.ugpr.ru.
2. Grigoriev F. G. The problem of anonymous witnesses // Criminal procedure. – 2006. – No. 1. – P. 51-55.
3. Smolina L. A., Sungurova A. S. Interrogation in civil and criminal proceedings // Interrogation in jurisprudence and legal linguistics: a collection of articles based on the materials of the International scientific and practical conference, October 28, 2016 – St. Petersburg, 2017. – T. 1. – P. 225-229.
4. Zhizhina M. V. Fundamentals of forensic tactics of judicial interrogation in civil (arbitration) proceedings: a scientific and practical manual / Under the scientific editorship of Doctor of Law, prof. E. P. Ishchenko. – M.: “Yustitsinform”, 2012.
CRIMINAL-EXECUTIVE LAW
MALOLETKINA Natalya Sergeevna
Ph.D. in Law, associate professor, Head of Administrative and legal disciplines sub-faculty, Samara Law Institute of the FPSof Russia
KHASNUTDINOV Renat Rafailjevich
Ph.D. in Law, associate professor, associate professor of Combating economic crimes sub-faculty, Samara State University of Economics
CURRENT ISSUES OF THE ACTIVITIES OF PUBLIC ORGANIZATIONS IN RELATION TO PENITENTIARY PROBATION
The article discusses the issues of the activities of public organizations involved in the penal system and, in particular, in relation to penitentiary probation. In particular, examples of the work of members of public organizations in correctional institutions are given, it is noted that foundations provide great assistance in the implementation of the Federal Law “On Probation in the Russian Federation” on the territory of our country. The author lists the main regulatory legal acts regulating public relations in the field of penitentiary probation in the Russian Federation, including Federal Law No. 1-FZ of January 8, 1997 “The Penal Enforcement Code of the Russian Federation” and Federal Law No. 76-FZ of June 10, 2008 “On Public Control over the Enforcement of Human Rights human rights in places of forced detention and assistance to persons in places of forced detention”, etc. , the author comes to the conclusion that the charitable foundation activities of public organizations in the field of penitentiary probation provide Thus support to the territorial bodies of the Federal Penitentiary Service of Russia at all stages of the introduction of the probation institute, funds support convicts through social and legal support and through an individual comprehensive training program in preparation for release, assist in finding employment and obtaining basic and additional education.
Keywords: probation, penitentiary probation, public organizations, foundation activities, charity.
Bibliographic list of articles
1. Project “Sober, Healthy, Alive”. [Electronic resource]. – Access mode: https://nezavisimost-fond.ru/?page_id=2010&ysclid=m90615w1ov781238397 (date of access: 02.02.2025).
2. Prisoner Assistance Fund. [Electronic resource]. – Access mode: http://helppris.ru (date of access: 02.02.2025).
CRIMINAL-EXECUTIVE LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
PENITENTIARY CHARACTERISTICS OF CONVICTS SENTENCED TO LIFE IMPRISONMENT AND SOME FEATURES OF THEIR DETENTION
In this manuscript, a number of articles of the Criminal Code of the Russian Federation regulating the issues of serving sentences of convicts in the form of life imprisonment are considered. The article provides information about their rights, as well as the regime of serving their sentences, shows statistics, and outlines the Decree of the President of the Russian Federation regulating their situation. The author touches on the nature of their crimes, cruelty and violence, for which there is no justification. The article also talks about the time of the introduction of the institution of life imprisonment.
Keywords: life imprisonment, atrocities, violence, murders, work while serving sentences, prisoners’ rights, visits to relatives, financial situation, rules of treatment, recidivism, strict and facilitated regime of serving sentences.
Article bibliography
1. Brief characteristics of the penal system // Official website of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: https://fsin.gov.ru/ (date accessed: 17.02.2025).
2. The Criminal Executive Code with amendments and additions of October 1, 2024 – M .: “Omega”, 2024.
3. Decree of the President of the Russian Federation of May 16, 1996 No. 724 “On the gradual reduction of the use of the death penalty in connection with Russia’s entry into the Council of Europe.” [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/9357.
4. On the organization of the execution of punishment in the form of life imprisonment: Letter of the Federal Penitentiary Service of Russia dated June 1, 2015 No. 03-32344. [Electronic resource]. – Access mode: «ConsultantPlus» (date of access: 17.02.2025).
5. Okshin M. S. Factors of aggressiveness of convicts in various conditions of detention in a special regime colony // Bulletin of the Samara Humanitarian Academy. – 2016. – No. 1 (19). – P. 22.
6. Medvedeva A. I., Davletshina A. A. Black dolphin – a special regime correctional colony // Alley of Science. – 2017. – No. 9. – P. 762.
CRIMINAL-EXECUTIVE LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
FUNDAMENTALS OF LEGAL STRATEGY FOR COUNTERING EXTREMISMAND RADICALISM IN RUSSIA’S CORRECTIONAL INSTITUTIONS
In the text of the article, information is stated on the basis of the Presidential Decree issued on December 28, 2024 on the approval of the strategy for countering extremism in Russia. The methods of combating extremist activity in penitentiary institutions are outlined, radicalism and its interactions with other criminal organizations banned in Russia are shown, the role of law enforcement agencies in the fight against this social breakdown is shown. The author suggests tightening criminal penalties and strengthening the fight against this social phenomenon. The article shows the criminal ties of prisoners with representatives of “ISIS” and their encouragement to commit particularly serious crimes in the penitentiary system.
Keywords: places of detention, radicalism, extremism in correctional facilities, public safety, public order, terrorist act, hostage-taking, intensification of struggle, foreign nationals.
Article bibliographic list
1. Decree of the President of the Russian Federation of 28.12.2024 No. 1124 “On approval of the Strategy for countering extremism in the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “Consultant Plus”.
2. Tyutchev F. I. “On censorship in Russia” 1854. On the eve of the Crimean War. – P. 164.
3. Tyutchev F. I. From letters to the magazine “Sovremennik”, 1866-1868.
4. Merkuryev V. V. Coordination of the activities of law enforcement agencies to suppress and prevent extremist activity in correctional institutions of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: http//crimas ru/wr-content/ (date of access: November 28, 2014).
CRIMINALISTICS
GRABOVETS Evgeniy Evgenjevich
senior lecturer of Fundamentals of forensic expertise sub-faculty, Educational and Scientific Complex of Forensic Expertise, Volgograd Academy of the MIA of Russia
GRINCHENKO Sergey Viktorovich
senior lecturer of Fundamentals of forensic expertise sub-faculty, Educational and Scientific Complex of Forensic Expertise, Volgograd Academy of the MIA of Russia
PROBLEMS OF DETECTING AND FIXING SHOE MARKS ON FLEECY SURFACES
Currently, in the forensic units of the Ministry of Internal Affairs of Russia, the study of traceological traces, in particular shoe marks, occupies one of the leading places in terms of volume. Expert practice shows that despite the large volume of footprints formed by the sole of the shoe, the number of identification studies with a positive conclusion is significantly lower. The possibilities of identification studies of shoe marks and the effectiveness of their use in the detection and investigation of crimes largely depend on the methods, methods and techniques of search, detection, fixation and seizure that use during the inspection of the scene, therefore, the issue of using such methods remains relevant, which will contribute to the most complete display of the characteristics of the soles of shoes. The article presents the results of testing the effectiveness of using the “Sledokop” device for fixing and removing shoe marks formed on various surfaces, as well as testing the possibility of using it as a tactical technique for searching for invisible and barely visible shoe marks.
Keywords: tracology, barely visible shoe marks, «Sledokop», identification study.
Article bibliography
1. Belkin R. S. Course in forensic science: in 3 volumes. – Vol. 2. – Moscow, 1997. – 464 p.
2. Dronova O. B., Kotelnikov B. V., Vesyolin V. V., Zakharya I. T. Technical and forensic methods and means of working with footprints: a tutorial. – Volgograd: VA MVD of Russia, 2019. – 52 p.
3. Deryugin R. A., Malykh A. A. Tactical features of detection, recording, seizure and registration of fingerprints and footwear at the crime scene // Police and investigative activities. – 2017. – No. 1. – P. 13-19.
CRIMINALISTICS
DZODZIEVA Dzerassa Sergeevna
expert of the forensic department of the MIA of Russia in the Prigorodny district of North Ossetia-Alania, adjunct of the Krasnodar University of the MIA of Russia, lieutenant of police
FORENSIC EXAMINATION OF SPEECH OBJECTS IN EXTREMISM CASES: METHODOLOGY, PRACTICE AND DEVELOPMENT PROSPECTS
The article considers a comprehensive interdisciplinary approach to forensic examination of speech objects that serve as evidence in extremism cases. Theoretical foundations, including linguistic, psycholinguistic and document analysis, are analyzed, and attention is paid to the use of modern information technologies, including artificial intelligence, to automate the analysis and increase the objectivity of expert opinions. Examples from judicial practice are considered. Development prospects associated with the introduction of machine learning, big data analysis and international cooperation are outlined.
Keywords: forensic examination, speech objects, extremism, interdisciplinary approach, regulatory framework, linguistic analysis, psycholinguistics, document science, artificial intelligence, machine learning, international experience.
Attached bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020) (as amended on 06.10.2022). – [Electronic resource]. – Access mode: http://www.pravo.gov.ru. 06.10.2022 (date of access: 07.02.2025).
2. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 28.12.2024) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/?ysclid=m55b9y5jof170685878 (date of access: 07.02.2025).
3. Law “On Mass Media” (as amended on 23.11.2024) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_1511/?ysclid=m6vws4vju7909723256 (date of access: 02/07/2025).
4. Federal Law No. 114-FZ “On Counteracting Extremist Activity” (as amended on 12/28/2024) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_37867/?ysclid=m6vwta1lmy481976591 (date of access: 02/07/2025).
5. Akinina A. V. Means of individualization that contradict the principles of humanity and morality: paradoxes of perception, commercial potential” // Neofilologiya / Neofilologiya = Neophilology. – 2023. – No. 9 (1). – P. 65-77.
6. Kuznetsov V. O. Updating the Russian legislation on speech offenses and forensic examinations of the humanitarian profile // Jurislinguistics. – 2024. – No. 31 (42). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualizatsiya-rossiyskogo-zakonodatelstva-o-rechevyh-pravonarusheniyah-i-sudebnye-ekspertizy-gumanitarnogo-profilya (date of access: 08.02.2025).
7. Kuznetsov V. O. Methods of forensic linguistic examination // Theory and practice of forensic examination. – 2022. – Vol. 17, No. 4. – P. 6-17.
8. Moiseev A. M., Kondratyuk S. V., Poberezhnaya I. A., Chestnov N. E., Firfilova A. A., Ermolova E. V., Kondratyuk L. S. Documentation examinations in the investigation of manifestations of extremism // Social management. – 2024. – Vol. 6, No. 4. – P. 140-154.
9. Sekerazh T. N. On the Basic Terms of Forensic Psychological Examination of Information Materials // Theory and Practice of Forensic Examination. – 2022. – Vol. 17, No. 3. – P. 40-50.
10. Forensic Linguistic Examination of Dialogic Speech. ResearchGate, 2023. – [Electronic Resource]. – Access mode: https://www.researchgate.net/publication/367861279_Sudebnaa_lingvisticeskaa_ekspertiza_dialogiceskoj_reci_ucebno-metodiceskoe_posobie (access date: 02/08/2025).
CRIMINALISTICS
IVANOVA Elena Sergeevna
Deputy Dean for Educational Work, senior lecturer of Forensic expertise sub-faculty, Faculty of Forensic Expertise and Law in Construction and Transportation, Saint-Petersburg State University of Architecture and Civil Engineering
SAMPLES FOR COMPARATIVE RESEARCH: CONCEPT AND CRITERIONS
The paper presents the Characteristics of samples for comparative research from the position of three leading approaches, identified by the author on the basis of analysis of special legal literature devoted to the problem of research. The key characteristics of samples are defined: form, certainty of origin, receipt by an authorized person, display or possession of certain features or properties, purpose. The conducted research allowed to formulate the author’s definition of the studied category.
Keywords: samples for comparative study; sources of samples; material objects; characteristics of samples for comparative study; direct display.
Article bibliographic list
1. Gavrikov V. A. Obtaining samples for comparative research: Criminal procedural and forensic aspects: dis. … Cand. of Law: 12.00.09. – M., 2004. – 171 p.
2. Dolzhenko N. I. Samples for comparative research and tactics of obtaining experimental samples. – M.: Yurlitinform, 2003. – P. 18.
3. Dyakonova O. G. Samples and tests for comparative research as objects of forensic examination // Bulletin of Tula State University. – 2016. – No. 3-2. – P. 260.
4. Dyakonova O. G. Approaches to the definition and legislative regulation of samples and tests for comparative research // State sovereignty and the rule of law:international and national dimensions: Materials of round tables. – V. 1. – M.: OOO “Prospect”, 2015. – P. 610.
5. Zinin A. M. Participation of a specialist in procedural actions. – M.: Prospect, 2014. – P. 114.
6. Ilyin N. N. Theoretical and practical foundations of investigative identification of a person from video images: monograph. – M.: Yurlit-inform, 2016. – P. 89.
7. Kudryavtseva Yu. A. Obtaining samples for comparative research in criminal proceedings in Russia: procedural nature, procedure, evidentiary value: author’s abstract. dis. … candidate of legal sciences: 12.00.09. – Chelyabinsk, 2013. – P. 9.
8. Latyshov I. V. Conceptual foundations of forensic ballistic diagnostics: author’s abstract. dis. … doctor of law. – Volgograd, 2016. – P. 10.
9. Chabukiani O. A. Obtaining samples for comparative research as a procedural verification action of the investigator // Scientific dialogue. – 2013. – No. 7 (19). – P. 152.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
THE ADVANTAGE OF USING UNMANNED AERIAL SYSTEMS (UAS) IN THE INVESTIGATION OF FOREST FIRES
Forest fires represent one of the most serious environmental threats in the modern world. Every year, they destroy thousands of hectares of forests, leading to huge economic and environmental losses. In recent years, technology has been developing rapidly, and unmanned aerial systems (UAS) are coming to the fore in the fight against forest fires. Currently, the use of unmanned aerial vehicles (UAVs) in the investigation of forest fires is an important and promising area in the field of fire detection and extinguishing. Due to their maneuverability, the ability to operate in conditions of limited visibility and the ability to transmit data in real time, UAVs provide significant advantages over traditional methods of surveying fire areas.
In this article, we will consider the main advantages of using UAS in the investigation of forest fires and their important role in the prevention and rapid elimination of fires in forests.
Keywords: unmanned aircraft systems, UAS, unmanned aerial vehicles, UAVs, forest fires, prevention, investigation of forest fires, use of UAVs.
Bibliographic list of articles
1. Fires and fire safety in 2022: information and analytical. Sat. – Balashikha: FGBU VNIIPO EMERCOM of Russia, 2023. – 80 p.
2. Eritsov A. M., Sekerin I. M., Zalesov S. V. Improving unmanned aerial vehicles for detecting and monitoring forest fires // International Research Journal. – 2024. – No. 5 (143). – [Electronic resource]. – Access mode: https://research-journal.org/archive/5-143-2024-may/10.60797/IRJ.2024.143.15 (date of access: 10.02.2025). – DOI: 10.60797/IRJ.2024.143.15.
3. Litvinov R. V., Galieva L. R. On the possibility of using artillery to extinguish forest fires // Actual problems of safety in the technosphere. – 2024. – No. 2 (14). – P. 65-69. – DOI 10.34987/2712-9233.2024.70.68.013.
4. Ivanov A. V. Forest pyrology: lecture notes / Volga State Technological University. – 2nd ed., revised. and add. – Yoshkar-Ola: Volga State Technological University, 2015.
5. Drones and unmanned aerial vehicles, Moscow 2020. – [Electronic resource]. – Access mode: https://leader-id.storage.yandexcloud.net/event_doc/436213/648af99336c1a573583773.pdf (date of access: 01/15/2025).
6. Shkitronov M. E. Possibilities of monitoring fire hazardous situations using drones and robotics // Bulletin of pedagogical sciences. – 2022. – No. 7. – P. 112-116.
CRIMINALISTICS
KITAEV Nikolay Nikolaevich
Ph.D. in Law, associate professor of Jurisprudence sub-faculty, Irkutsk National Research Technical University, Honored Lawyer of the Russian Federation, Honorary professor, Boris Yeltsin Kyrgyz-Russian Slavic University
KITAEVA Valentina Nikolaevna
Ph.D. in Law, associate professor of Criminalistics, forensic examinations and legal psychology sub-faculty, Baikal State University, Irkutsk
PROBLEMATIC ISSUES OF STORAGE AND RESEARCH OF PHYSICAL EVIDENCE IN CASES SERIAL MURDERS
The article deals with the problems of storage and investigation of physical evidence in ccriminal cases of serial murders. The analysis of law enforcement practice revealed cases when physical evidence stored in the criminal case file was lost, which resulted in the court excluding a number of episodes from the series of murders. Proposals to regulate in the criminal procedural legislation the rules of storage of objects that can receive the status of material evidence are considered. We consider it more correct to regulate in the CPC RF the rules of storage of objects that can be recognized as material evidence, according to the rules of storage of material evidence, which will contribute to their safety.
The reasons for errors of biology experts who examined physical evidence in cases of serial murders are revealed.
Keywords: serial murders, scene examination, physical evidence, loss of physical evidence, reliability of expert opinion.
Bibliographic list of articles
1. Protopopov A.L. Investigation of serial murders. – Saint Petersburg: Publishing House of Saint Petersburg State University, 2006. – 280 p.
2. Asatryan H. A., Vybornykh N. E., Ogorodnikova A. V. Features of the inspection of the crime scene during the investigation of serial murders // Siberian criminal procedure and forensic readings. – 2018. – No. 4. – P. 15-24.
3. Konin V. V., Korsakov K. A., Sidorenko E. V. Procedural registration of evidence as an integral element of proof in criminal proceedings // Siberian criminal procedure and forensic readings. – 2024. – No. 4. – P. 36-43.
4. Monologues. Forensic scientists about their science, designed to adequately counter modern crime / Ed. I. V. Smolkova, V. I. Shikanov. – Irkutsk: IGEA Publishing House, 1999. – 348 p.
5. Kitaev N. N., Negreeva M. B., Shenderov V. A. Identification capabilities of biomechanical examination in forensic science // Bulletin of forensic science. – 2007. – Issue 2 (22). – P. 61-63.
6. Deich M. M. Killer on Wednesdays // Moskovsky Komsomolets. – 2002. – January 25.
7. Sulim S. Deserted place. How maniacs are caught in Russia. – Moscow: Alpina Publisher, 2021. – 264 p.
8. Belyakov A. A., Tsvetkova A. D. Investigative errors in the appointment of forensic examinations // Academic law journal. – 2024. –Vol. 25, No. 1. – Pp. 124-132.
9. Handbook of forensic medicine / Ed. by V. Z. Tomilin and G. A. Pashinyan. – Moscow: Meditsina, 2001. – 576 p.
10. Vodko N. P. Why did they look for Chikatilo for so long… – Moscow: Jurist, 1996. – 80 p.
11. Protasevich A. A., Stepanenko D. A., Shikanov V. I. Blood as a structural element of the trace environment at the crime scene: Essays on the theory and practice of investigative work. – Irkutsk: IGEA, 1998. – 186 p.
12. Kitaev N. N. The Phenomenon of “Paradoxical Identification” and the Problem of Exposing a Criminal // Legality. – 1997. – No. 4. – P. 18-23.
13. Glazunov S. Monster // Soviet Militia. – 1991. – No. 1. – P. 22.
14. Markova T. Girl, Do You Want Me to Show You a Puppy? // East Siberian Truth. – 2021. – June 22.
15. Plekhanov B., Mann A. Call Killer // Medical Newspaper. – 1988. – June 3.
16. Kitaev N. N., Kitaeva V. N. The state of clothing and footwear on a corpse as evidence of sexual motives for murder // Law and Right. – 2022. – No. 8. – P. 165-168.
17. Yarovenko V. V., Kitaev N. N., Ardashev R. G. Fingerprint and dermatoglyphic study of papillary patterns of serial killers. – Ulan-Ude: BSU Publishing House, 2020. – 232 p.
18. Yakovleva S. A. Criminal procedural mechanism for preserving objects and documents that may have or have evidentiary value // Russian investigator. – 2023. – No. 4. – P. 33-38.
19. Golovkin O. E. Storage of material evidence at pre-trial stages of criminal proceedings: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2015. – 20 p.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty, Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor, Criminology sub-faculty, Ryazan branch, V. Ya. Kikot Moscow University the MIA of Russia
FEATURES OF THE TACTICS OF CONFRONTATION DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article examines the specifics of the tactics of preparing and conducting a confrontation during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances committed in a penitentiary institution of the Russian penal system. Specific tactical features and techniques are proposed at the stage of preparation, conduct and consolidation of the confrontation.
Keywords: crime, narcotic drug, confrontation,feature, tactical technique, penitentiary institution.
Article bibliography
1. Investigation of crimes committed in bodies and institutions of the penal system: a practical guide for investigators, law enforcement officers and operational staff of the penal system / Edited by Doctor of Law, Professor, Honored Scientist of the Russian Federation E. P. Ishchenko, Candidate of Law, Associate Professor O. A. Belov. – M.: Yurlitinform, 2013. – 376 p.
CRIMINALISTICS
SOLOVJEV Alexander Alexandrovich
postgraduate student of Criminalistics sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University, senior investigator of the Butyrsky Interdistrict Investigative Division of the SU for the SVAO GSU of the Investigative Committee of Russia for Moscow
FEAR AS AN OBJECT OF CRIMINALISTIC SCIENTIFIC AND SUBJECT-PRACTICAL RESEARCH
Based on an activity-differentiated approach, the article examines the concept of an object of scientific forensic research, an object of forensic scientific and practical research; analyzes the object and subject of criminology as a science that does not coincide in their content due to different goals of scientific and practical activities, as well as different subjects. In this regard, the object of criminology is not two-pronged, but homogeneous and refers to activities for the detection, investigation and prevention of crimes, rather than criminal activities for which a criminologist does not have direct interaction. Based on the general concept, it is concluded that the emotion of fear as an object of scientific forensic research should be considered as information presented in procedural and other forms of consolidating the course and results of special professional legal and expert activities on the reflection of the emotion of fear as a mental phenomenon, an emotional state that occurs in the presence of a threat to life or security (physical or social) of the subject and accompanied by biochemical and mental activation of the organism, the main motivation for changing his activities up to the degree of subordination through defensive or attacking actions.
Keywords: emotion of fear, object of criminalistics, object of criminalistic research, criminalistic psychology.
Bibliographic list of articles
1. Bertovsky L.V., Obraztsov V.A. Concept, object and subject of criminology // Gaps in Russian legislation. – 2016. – No. 4. – P. 228-233.
2. The Large Academic Dictionary of the Russian Language / Ed. by L. I. Balakhonov. – M.: Nauka; St. Petersburg: Nauka, 2007. – T. 7. – 727 p.
3. Girenok F. I., Ilyin V. V. History and Philosophy of Science: textbook. – M.: Prospect, 2021. – 336 p.
4. Forensic Science: textbook for bachelors / Ed. by L. V. Bertovsky. – M.: RG-Press, 2023. – 1024 p.
5. Matuzov N. I., Malko A. V. Theory of State and Law: textbook. – M., 2020. – 528 p.
6. Ponkin I.V. Object and subject of scientific or applied analytical research // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (51). – pp. 65-69.
7. Selivanov N. A., Tanasevich V. G., Eisman A. A., Yakubovich N. A. Soviet criminology. Theoretical problems. – M.: Legal. lit., 1978. – 192 p.
8. Eisman A. A. Soviet criminology. Theoretical problems. – M., 1978. – P. 6.
CRIMINALISTICS
TEKUEVA Yuliya Alimovna
lecturer of Organization of law enforcement activities sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia
FEATURES OF FORENSIC PREVENTION OF CRIMES COMMITTED BY MINORS
The article presents an overview of one of the types of prevention of crimes committed by minors. Prevention of crimes committed by minors is of great importance, as it is one of the indicators of the crime situation in the country. Many specialists study the issues of prevention of crimes committed by minors, but the issues of forensic prevention of crime among minors cause controversy in scientific circles. Particular attention is paid to the issues of studying the powers of the investigator as a subject implementing forensic prevention of crimes committed by minors. Preventive work of the investigator is a complex process that requires a high level of professional training from the investigator. In addition, forensic prevention is implemented by investigators in two stages: determining the conditions and reasons that contributed to the commission of criminal acts; measures aimed at eliminating certain conditions and reasons. Individual investigative measures have their own characteristics, which determine the procedure for conducting forensic prevention of crime among minors. A list of measures has been defined that will improve the effectiveness of forensic prevention of crimes committed by minors. Investigation of criminal cases involving minors requires investigators to have special training in conducting investigative and operational-search activities related to the participation of minors.
Keywords: forensic prevention, minors, criminal liability, punishment, police, investigator, investigative measures, crime situation, operational-search activity.
Article bibliography
1. Lukyanova A. V. Current state of juvenile delinquency // Young scientist. – 2023. – No. 41 (488). – P. 201-203.
2. Mosendz D. A. Forensic characteristics of juvenile delinquency // Young scientist. – 2023. – No. 33 (480). – P. 41-44.
3. Investigation and prevention of crimes committed by minors or against minors: materials of the All-Russian scientific and practical Conference (Novosibirsk, December 20, 2023). – M .: Moscow Academy of the Investigative Committee named after A. Ya. Sukharev, 2024. – 176 p.
4. Rudoe M. V., Sorokun N. S. Criminological features of juvenile delinquency in Russia and certain subjects of the Southern Federal District for the period from 2019 to 2023 // Philosophy of Law: scientific and theoretical journal. Rostov-on-Don. – 2024. – No. 3 (PO). – P. 172-179.
5. Shikhova E. V. Methodology for investigating crimes committed by minors // Young scientist. – 2022. – No. 44 (439). – pp. 224-226.
CRIMINOLOGY
NECHEVIN Ivan Dmitrievich
lecturer, College of Police, Moscow
PREVENTION OF DRUG CRIME AMONG ADOLESCENTS AS AN OBJECT OF CRIMINOLOGICAL RESEARCH
The article examines the system of measures for the prevention and prevention of juvenile crimes: subjects, tasks, functions, the main measures of prevention and prevention, namely: political, economic, legal, technical, victimological, psychological and pedagogical, organizational.
Keywords: prevention, prevention, suppression, crimes, subjects of prevention and prevention, a system of social prevention measures.
Article bibliography
1. Constitution of the Russian Federation of 12.12.1993 (with amendments approved during the all-Russian vote on July 1, 2020, taking into account the amendments introduced by the Law of the Russian Federation on amendments to the Constitution of the Russian Federation of July 27, 2006 No. 149-FZ).
2. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Delinquency of Minors”.
3. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on March 25, 2022).
4. Zvirbul V.K., Kuznetsova N.F., Minkovsky G.M. Criminology: Textbook. – M., 2009.
5. Federal State Statistics Service.
6. [Electronic resource]. – Access mode: http://мвд.рф/reports/item/23163626
7. Luneev V. V. Criminological, victimological and penitentiary problems of minors // Bulletin of the Institute: Crime, Punishment, Correction. – 2009. – No. 8. – P. 4-9.
8. Dyabina L. V. Psychological mechanism of involving minors in illegal drug use // Modern law. – 2009. – No. 4. – P. 115-118.
9. Pruss M. S., Kelyin L. L., Muchnik Yu. L., Volodin V. M. How to get rid of drug addiction: Say goodbye to drugs. – St. Petersburg: Neva; Moscow: Olma-Press Exlibris, 2002. – 160 p.
10. Sysoeva Ya. A., Demyanova L. M. On the state and measures of drug addiction prevention // International student scientific bulletin. – 2015. – No. 2. – P. 84-85.
11. Vrublevsky A. G. Drug addiction and toxicomania: general ideas // Lectures on narcology / Ed. N. N. Ivanets. – M.: Knowledge, 2000. – P. 223-227.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, docent, associate professor of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
INFLUENCE OF THE SOCIAL ENVIRONMENT ON THE PROCESS OF DRUGISATION OF SOCIETY (ON THE EXAMPLE OF KRASNOYARSK KRAI)
Based on the data obtained from the results of a survey of the population in 2024 in Krasnoyarsk Krai, conducted in the course of the annual monitoring of the drug situation, some features of the modern social environment that has a direct impact on the decision to use drugs for non-medical purposes are identified. Special attention is paid to the reasons whyyoung people make such a decision. The influence of bloggers on the deformation of consciousness is considered. The data on the prevailing motives of drug use are also presented. The conclusions on the directions of increasing the effectiveness of preventive anti-drug activities are formulated.
Keywords: monitoring of the drug situation, drugisation of the population, drug use for non-medical purposes, social environment, anti-drug prevention.
Article bibliography
1. Voronin M. Yu. On the content and essence of the concept of “drug addiction of the population” // Scientific portal of the Ministry of Internal Affairs of Russia. – 2008. – No. 4. – P. 115-119.
2. The state of the drug situation in the Krasnoyarsk Territory based on the results of sociological research in the format of annual monitoring in 2023 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. N., Stupina S. A., Dolgushina L. V. Research report. – Ministry of Internal Affairs of the Russian Federation, 2023.
3. Halpern D. Psychology of critical thinking. – 4th international. edition. – St. Petersburg: Publishing house “Piter”, 2000. – 512 p.
4. Aristova I. S., Shchipanova D. E. Study of critical thinking in students // Modern challenges and ways to solve problems in the field of protecting children’s rights: implementation of the principles of the Convention on the Rights of the Child: collection of materials of the II All-Russian scientific and practical conference, November 17, 2022. – Yekaterinburg: Russian State Professional Pedagogical University, 2022. – P. 93-97.
LAW ENFORCEMENT AGENCIES
SYSOEVA Ekaterina Vladimirovna
student of Higher School of Jurisprudence and Forensic Technical Expertise, Humanities Institute, Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurjevich
Ph.D. in Law, professor of Higher School of Jurisprudence and Forensic Technical Expertise, Humanities Institute, Peter the Great St. Petersburg Polytechnic University
PERSONALITY CHARACTERISTICS OF WOMEN, THEIR INFLUENCE ON THE INDIVIDUALIZATION OF THE EXECUTION OF PUNISHMENT IN PLACES OF DEPRIVATION OF LIBERTY
The article examines the criminological personality traits of women sentenced to imprisonment, which affect the individualization of the execution of punishment. In the course of the research, attention was paid to such characteristics as: age, family, recidivism, the nature of the crime committed, education and mental state of women. The authors found that in individualizing the execution of punishment, educational and psychological assistance, encouragement measures, and penalties play an important role, which may affect the behavior of the disappointing person in the future. The research was conducted using statistical data published on the official websites of government authorities, as well as information contained in scientific papers of scientists. The authors concluded that the identified characteristics should be taken into account in the process of studying individual characteristics, since in the future it will be possible to predict or argue the behavior of a woman, the reasons for the committed act, etc.
Keywords: personality characteristics; penitentiary science; convicted women; socio-psychological factors; personality portrait.
Article bibliography
1. Lombroso C. Woman, criminal or prostitute. – M.: Azbuka, 2022. – P. 267.
2. Punishment and correction of criminals. Ministry of Internal Affairs of the Russian Federation / Ed. Yu. M. Antonyan. – M., 1992. – P. 392.
3. Santashov A. L., Skakov A. B. The idea of a progressive system of execution of criminal punishments and its development in domestic penitentiary science // Penitentiary science. – 2020. – No. 14 (2). -P. 179.
4. Tishchenko Yu. Yu., Samoilova A. A. Features of the application of criminal executive measures to women sentenced to imprisonment // Law and Management. – 2023. – No. 2. – P. 290.
5. Yanchuk I. A. Personality characteristics of women sentenced to imprisonment and their influence on the individualization of the execution of punishment // Penitentiary science. – 2018. – No. 44. – P. 62.
LAW ENFORCEMENT AUTHORITIES
BOKOV Vladimir Valerjevich
Head of the cycle, lecturer of the cycle of professional service and physical training, Ufa School for the Training of Dog Handlers of the MIA of Russia
CHENCHIKOVSKIY Alexander Dmitrievich
senior lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
SHATAGIN Anton Nikolaevich
lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
PSYCHOPHYSIOLOGICAL ASPECTS OF PROFESSIONALLY APPLIED PHYSICAL TRAINING OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS
The article is devoted to the psychophysiological aspects of professionally applied physical training of employees of the Ministry of Internal Affairs (MIA). In conditions of increased complexity and stress faced by law enforcement officers, high demands on the physical and psychological readiness of employees become especially relevant. The work examines a comprehensive approach to physical fitness, emphasizing the importance of developing specific motor skills, stress tolerance skills, and emotional stability. The physiological and psychological aspects of training are discussed, as well as the importance of an individual approach in the training process. The article focuses on the need to integrate modern scientific research in the field of psychology and physiology into the system of training Interior Ministry employees to improve work efficiency and ensure safety.
Keywords: psychophysiology, physical fitness, employees of the Ministry of Internal Affairs, stress tolerance, professional and applied training, motor skills, emotional stability, individual approach, work efficiency, safety.
Article bibliography
1. Grigoriev A. S. Psychological training of police officers for action in stressful situations. – Moscow: Publishing house “Legal Literature”, 2021. – 280 p.
2. Kuznetsov V. R. Modern methods of physical training of the Ministry of Internal Affairs employees: theory and practice. – St. Petersburg: Publishing house “Law and Security”, 2022. – 320 p.
3. Alekseev I. M. Physical training in the system of professional training of law enforcement agencies. – Kazan: Publishing House “Science”, 2021. – 240 p.
4. Soloviev Yu. V. Methods of increasing stress resistance in police officers. – Yekaterinburg: Publishing House “Gumanitarian Studies”, 2022. – 198 p.
5. Fedorov A. I. Psychophysiological aspects of training the Ministry of Internal Affairs employees for official activities. – Novosibirsk: Publishing House “National Law”, 2023. – 316 p.
6. Romanov D. V. Psychology of stress in the official activities of police officers. – Vladimirov: Publishing House “Practical Psychology”, 2022. – 150 p.
7. Andreev N. S. Clinical and psychological aspects of the work of the Ministry of Internal Affairs employees: a modern view. – Rostov-on-Don: Rostov University Publishing House, 2021. – 192 p.
LAW ENFORCEMENT AGENCIES
GABDRASHITOVA Karina Irekovna
lecturer of Physical training sub-faculty, Ufa Law Institute of the MIA of Russia
FILIMONOV Valeriy Afanasjevich
associate professor of Fire and physical training organization sub-faculty, Academy of Management of the MIA of Russia
BOBROVSKIY Andrey Vladislavovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty, Omsk Academy of the MIA of Russia
KORELIN Mikhail Nikolaevich
lecturer of Physical training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
PLANNING THE PROCESS OF PHYSICAL TRAINING CLASSES IN EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
In the process of developing and improving the physical training of law enforcement officers, it is necessary to identify the current level of proficiency in motor actions and plan a methodology for mastering and practicing combat techniques, specifying goals and objectives, taking into account individual characteristics and practical activities, using the skills of service-applied sports competitions. Planning the educational process for physical training is necessary in order to correctly distribute the set of physical exercises that will be applied at a certain stage of the educational process, the types and forms of classes, and also take into account all pedagogical principles when drawing up a summary plan for each lesson. In the process of mastering and improving physical qualities and combat techniques of wrestling, the result of high-quality speed and power-oriented actions is important.
Keywords: strength training, strength endurance, physical qualities, planning, training load, training volume, training intensity, strategy, optimization.
Article bibliography
1. Babin A. V., Mingulov I. R. Features of the formation of strength abilities in employees of the Ministry of Internal Affairs of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, June 23, 2022. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 30-33.
2. Babin A. V., Yachmenev S. P., Lukyanov A. B. [et al.] Actual problems of physical education and sports in Russia // Actual problems of physical culture, sports and tourism: materials of the XVII International scientific and practical conference, May 25-26, 2023. – Ufa: Federal State Budgetary Educational Institution of Higher Education “Ufa University of Science and Technology”, 2023. – P. 66-70.
3. Gabdrashitova K. I., Yakushev E. V., Ivaschenko N. Yu. Fundamentals of physical training in educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 7 (182). – pp. 446-448.
LAW ENFORCEMENT AUTHORITIES
GAZIZOV Aidar Fanilovich
lecturer of Special training sub-faculty, Ufa Law Institute of the MIA of Russia
MHERYAN David Mgerovich
senior lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
NABIEV Valeriy Valerjevich
senior lecturer of Administrative activities of the internal affairs bodies sub-faculty, Voronezh Institute of the MIA of Russia
FORMATION OF MOTIVATION FOR PHYSICAL TRAINING AMONG EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS: IMPACT ON PROFESSIONAL ACTIVITY
The article is devoted to the problem of motivation formation for physical training among employees of the Ministry of Internal Affairs (MIA) and its impact on professional activity. It examined the key factors contributing to increased motivation, including internal and external aspects, as well as the individual characteristics of employees. Methods and organizational strategies aimed at creating a positive culture where physical fitness is considered a necessary part of professional activity are discussed. The article highlights the importance of a variety of training programs, the introduction of reward systems and recognition of achievements, as well as the impact of high physical fitness on the quality of performance of official duties and overall job satisfaction. In conclusion, attention is focused on the need for an integrated approach to employee motivation development, which in turn contributes to improving their efficiency and well-being.
Keywords: motivation, physical fitness, employees of the Ministry of Internal Affairs, professional activity, stress tolerance, organizational culture, individual characteristics, training programs, achievements, quality of work.
Article bibliography
1. Sharafutdinov R. M. Psychological aspects of motivation of police officers. – Kazan: “Science and education”, 2021. – 180 p.
2. Kozlov A. G. Physical readiness of police officers: meaning and methods of formation. – Moscow: “Legal literature”, 2022. – 250 p.
3. Simonov V. I. Theory and practice of physical training in law enforcement agencies. – St. Petersburg: “Law and Security”, 2021. – 300 p.
4. Melnikov Yu. V. Motivation for sports among employees of federal services: experience and practice. – Samara: “Humanitarian Studies”, 2022. – 215 p.
5. Fedorov A. I. Psychophysiological aspects of training employees of the Ministry of Internal Affairs for official activities. – Novosibirsk: “National Law”, 2023. – 316 p.
6. Ilyina N. A. The role of team competitions in increasing the motivation of employees of the MVD. – Novosibirsk: “National Law”, 2021. – 190 p.
7. Orlov O. S. Organizational measures to improve the physical fitness of law enforcement officers. – Rostov-on-Don: “Rostov University”, 2023. – 220 p.
LAW ENFORCEMENT AUTHORITIES
DRUZHININ Alexey Yurjevich
Deputy Head of the Department for the Organization of security, escort and detention of suspects, accused and Persons under Administrative arrest of the Department for the Organization of Public Order Protection of the Main Directorate of the MIA of Russia in the Volgograd Region
TRUDOV Ivan Yurjevich
senior lecturer of Administrative activities and public order protection sub-faculty, Volgograd Academy of the MIA of Russia
THE USE OF MECHANISMS OF INFLUENCE ON THE EMOTIONAL AND VOLITIONAL SPHERE IN THE ACTIVITIES OF SPECIAL POLICE OFFICERS
Personality psychology is the most important element that determines the effectiveness of various types of activities. In the work of law enforcement officers, a significant part of which takes place in constant interaction with people who often have diametrically opposed psychotypes, understanding and the ability to use mechanisms of influence on a person is a vital prerequisite. Moreover, the reality in which police officers have to work, and the perception of their activities by representatives of other social and professional groups, are extremely heterogeneous. On the one hand, they represent him as a representative of repressive authorities, on the other – as an absolutely open agency for criticism. The article is a kind of «clue for the consciousness of the head, an employee of special police institutions, explaining and «justifying» their existence.
Keywords: special police institutions, special agent, suppression of will, control, protection, escorting.
Article bibliography
1. Usikova S. S. Psychological stability of employees of the escort department [Electronic resource] // NovaInfo. – 2023. – No. 137. – P. 159-160
2. Koldybaev D. T. Concept, causes and consequences of professional deformation of the personality of an employee of the internal affairs bodies // Bulletin of KASU. – 2010. – No. 4. – P. 86-95.
3. Kopylova N.V., Petrov N.N. Psychological reliability in the specifics of the work of security guard service // Bulletin of TeSU. – 2017. – No. 4. – P. 12-16.
LAW ENFORCEMENT AUTHORITIES
KOVGAN Ekaterina Yurjevna
lecturer of Administrative law sub-faculty, Rostov Law Institute of the MIA of Russia, cap-tain of police
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, major of police
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia, major of police
PODKOVKA Svetlana Valerjevna
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
CURRENT ISSUES OF INTERACTION BETWEEN STAFF OF THE PPS AND MINORS
This article analyzes the problems of training officers of the patrol and post police Service (PPSP) in working with juvenile offenders and suggests ways to solve them. The analysis of studies devoted to the problem of the interaction of CPP staff with minors allows the authors to identify a number of components that influence the effectiveness of such in-teraction: a communicative component, a behavioral component, a cognitive component, an organizational component
The authors point out the need to improve the programs of professional retraining and advanced training of staff of vocational training centers, with an emphasis on practical skills of working with this category of persons. The article proposes a set of measures, including strengthening interdepartmental cooperation, updating curriculum using innovative teaching methods (case method, interactive classes, etc.), as well as optimizing the pro-fessional development system. The article highlights the importance of an integrated ap-proach in ensuring the safety and well-being of minors by improving the efficiency of the PSP staff.
Keywords: teaching staff, minors, interaction with police, law enforcement, crime prevention, professional training.
Article bibliography
1. Vlasov K. A., Belikov A. P. Certain problems of organizing the activities of internal affairs bodies in working with minors // Society and Law. – 2021. – No. 4 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otdelnye-problemy-organizatsii-deyatelnosti-organov-vnutrennih-del-po-rabote-s-nesovershennoletnimi (date of access: 27.02.2025).
2. Dorofeeva Yu. A. Actual issues of contact interaction of police officers with minors with deviant behavior // Applied Psychology and Pedagogy. – 2018. – No. 2. – P. 56-66 (date of access: 27.02.2025).
3. Nikitskaya E. A. System of training police officers for preventive work with minors with deviant behavior // Bulletin of Economic Security. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sistema-podgotovki-sotrudnikov-politsii-k-profilakticheskoy-rabote-s-nesovershennoletnimi-deviantnogo-povedeniya-1 (date of access: 02/27/2025).
4. Soshin A. A., Yakimova E. M. Features of the prevention and suppression of illegal acts committed by minors by patrol police units // Baikal Research Journal. – 2020. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-preduprezhdeniya-i-presecheniya-naryadami-patrulno-postovoy-sluzhby-politsii-protivopravnyh-deyaniy-sovershaemyh (date of access: 02/27/2025).
5. Troyan E. I., Silkin N. N. Training of patrol police officers in the use of physical force based on the situational method // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (88). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obuchenie-sotrudnikov-patrulno-postovoy-sluzhby-politsii-primeneniyu-fizicheskoy-sily-na-osnove-ispolzovaniya-situatsionnogo-metoda (date of access: 27.02.2025).
LAW ENFORCEMENT AGENCIES
KUZMICHEV Yuriy Vladimirovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
SITALIEV Biizhan Zhambrybaevich
lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
KARPOV Alexander Alexandrovich
senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
TACTICAL GAMES AS A METHOD OF TRAINING LAW ENFORCEMENT OFFICERS
The article discusses the use of tactical games as an effective method of training law enforcement officers. The importance of this approach in the formation of professional skills, stress tolerance and teamwork is emphasized. The advantages of tactical games are analyzed, such as the development of interaction between units, increased emergency preparedness and the formation of leadership qualities. The importance of adapting scenarios to specific tasks and qualified guidance in the learning process is noted. As a result, tactical games are becoming an important tool for improving the effectiveness of law enforcement officers’ training to meet the challenges of modern reality.
Keywords: tactical games, law enforcement, professional skills, stress tolerance, teamwork, employee training, effective methods.
Article bibliography
1. Fedorov I. A. The effectiveness of using tactical games in training employees of the Ministry of Internal Affairs. – Moscow: Publishing House “Legal Literature”, 2022.
2. Semenov P. V. Tactical games: a new word in training law enforcement agencies. – St. Petersburg: Publishing House “Law and Security”, 2023.
3. Baranov D. S. Innovative methods of training police officers: from theory to practice. – Krasnodar: Scientific World Publishing House, 2022.
4. Alekseeva N. P. Critical Thinking in the Work of Law Enforcement Agencies: Use of Gaming Methods. – Kazan: National Law Publishing House, 2023.
5. Kuznetsov V. R. Training Police Officers under Stress: Tactical Games as a Method. – Yekaterinburg: Rosman Publishing House, 2022.
6. Konovalov A. I. Scenario Training: Experience of Foreign Law Enforcement Agencies. – Moscow: Legal Infrastructure Publishing House, 2023.
7. Grigoriev O. N. Modern Methods of Police Training: From Theory to Practice. – Vladivostok: Humanitarian Research Publishing House, 2022.
LAW ENFORCEMENT AUTHORITIES
KUSTOVA Nadezhda Konstantinovna
Ph.D. in Law, senior lecturer of Tactical-special and firearms training sub-faculty, Kazan Law Institute of the MIA of Russia
PERSONAL INVESTIGATION TACTICS IN POLICE ACTIVITIES
This article examines various methods and techniques of using personal investigation in the police’s activities to protect public order and ensure public safety. The author concludes that personal investigation tactics are one of the most common methods of law enforcement used by police officers and are important for preventing and solving crimes and searching for escapedcriminals. The tactics and organization of personal investigation are determined by the characteristics of the crime being solved or prevented, as well as the personal abilities of the police officer.
Keywords: personal investigation, operational investigative activity, police, law enforcement, crime, tactics.
Article bibliography
1. Saranchin D. V. Issues of using personal investigation and questioning of citizens in police activities // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (9). – P. 65-68.
LAW ENFORCEMENT AGENCIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
OGORODNIKOV Maxim Anatoljevich
Ph.D. in biological sciences, associate professor of Internal affairs in special conditions sub-faculty, Omsk Academy of the MIA of Russia
MESHKOV Ivan Nikolaevich
lecturer of Operational investigative activities sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
TOPICAL ISSUES OF USING UNMANNED AERIAL VEHICLES IN LAW ENFORCEMENT
The article considers the types of unmanned technical devices that can be used in practical activities, and also discloses the definition of the concept of “unmanned vehicle”. Much attention is paid to the issue of the legislative approach to sanctioning, qualification of possible incidents associated with the use of unmanned aerial vehicles (hereinafter – UAV). Also, attention was not paid to issues related to the commission of aviation accidents, due to the fault of the operator, which entailed consequences of a property or personal non-property nature, or without the fault of the operator, but due to the fault of the manufacturer of the technical device.
Keywords: unmanned aerial vehicle, technical device, airspace, aviation incident, police, operator, quadcopter, flight controller.
Article bibliography
1. Ogorodnikov M.A., Chichin S.V. Features of training external pilots of unmanned aerial vehicles of the copter type of internal affairs agencies // Priority areas for improving the quality of training of military specialists: Proceedings of the XII All-Russian scientific and methodological conference, Omsk, November 15, 2024. – Omsk: Omsk Armored Engineering Institute, 2024. – P. 85-91. – EDN WUGUQL.
2. Petrov P. S. Ensuring the rights and freedoms of man and citizen in the activities of law enforcement agencies when introducing special regimes // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen (dedicated to the adoption of the Universal Declaration of Human Rights): collection of materials of the International conference, Ufa, December 7, 2023. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 97-101. – EDN LYXAML.
3. Petrov P. S., Kashirsky D. Yu., Gorelov S. A. Tactical features of the actions of police officers in special conditions // Eurasian Law Journal. – 2024. – No. 8 (195). – P. 449-450. – EDN QYAJYE.
LAW ENFORCEMENT AUTHORITIES
REMIZOVA Leila Sarvarovna
Ph.D. in law, associate professor of Management and organization of the ATC activities sub-faculty, Academy of the FPS of Russia
PROBLEMS ARISING IN THE COURSE OF MANAGEMENT ACTIVITIES (ON THE EXAMPLE OF REGIONAL DIVISIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA)
This article examines the main management problems in the territorial bodies of the Federal Penitentiary Service of Russia, analyzes their causes and suggests possible ways to improve the situation. Particular attention is paid to issues of the management system, subjects and management decisions, which is an important condition for the successful implementation of the tasks set. The authors make proposals for improving the strategy aimed at increasing the efficiency of the Federal Penitentiary Service, and provide statistical data.
Keywords: management decision, management system, management entity, territorial body, management, order.
Bibliographic list of articles
1. Smykovsky V. V., Migursky A. A., Remizova L. S. Problems of organizing planning in territorial bodies of the Federal Penitentiary Service // The criminal-executive system at the present stage and the prospects for its development: collection of the International scientific-practical conference, 2020. – Vol. 6. – Pp. 261-268.
2. Ovodkova L. S. Prosecutor’s supervision as a means of ensuring the rights and legitimate interests of convicts // Bulletin of the criminal-executive system. – 2017. – No. 9 (184). – Pp. 22-25.
LAW ENFORCEMENT AGENCIES
SERKEROV Samur Elmirovich
Ph.D. in Law, Head of Legal disciplines and teaching methods sub-faculty, Faculty of Management and rights, 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, Faculty of Management and rights, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
MEDZHIDOV Chamkur Medzhidovich
postgraduate student of Legal disciplines and teaching methods sub-faculty, Faculty of Management and rights, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE LAW ENFORCEMENT SYSTEM IN THE CONTEXT OF THE TRANSFORMATION OF THE POLITICAL AND LEGAL ORGANIZATION OF THE MODERN STATE ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN
The law enforcement system plays a key role in ensuring law and order in society, especially in the context of modern transformations of the political and legal organization of the state. The Republic of Dagestan, as one of the multinational and multicultural regions of Russia, is an interesting example in studying the dynamics of the modern law enforcement system.
Keywords: law enforcement agencies, political and legal system, corruption.
Article bibliography
1. Abdulatipov R. G. Dagestan: Constitution, politics, federalism. – M.: Republic, 2002. – 735 p.
2. Gadzhiev G. A. Constitutional principles of organization of state power in the Republic of Dagestan // Journal of constitutional justice. – 2010. – No. 6. – P. 1-7.
3. Ibragimov M. M., Magomedov A. M. Law enforcement agencies of the Republic of Dagestan: history and modernity. – Makhachkala: Jurist, 2015. – 240 p.
4. Constitution of the Republic of Dagestan: adopted by the Constitutional Assembly on July 10, 2003. – Makhachkala: Dagestan Book Publishing House, 2003. – 96 p.
5. Magomedov A.K. Transformation of the political system of Dagestan: problems and prospects // Power. – 2018. – No. 4. – P. 100-105.
6. Osmanov M.D. Problems of functioning of the law enforcement system in the region // Legal Bulletin of the Dagestan State University. – 2017. – No. 4. – P. 56-61.
SAFETY AND LAW
AKHTAMYANOV Ruslan Rinatovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KONOVALENKO, Yuriy Gennadjevich
Deputy Head of Physical training sub-faculty, Omsk Academy of the MIA of Russia
BEREZOVIKOV Evgeny Vladimirovich
lecturer of Physical training sub-faculty, Barnaul Law Institute of the MIA of Russia
MODERN APPROACHES TO SHOOTING TRAINING
In this article, we will analyze the advantages of introducing modern technologies in the process of learning how to shoot with military weapons. We will also discuss possible difficulties and limitations that may arise when using these technologies, as well as the prospects that may open up for further development in this area. Ultimately, the purpose of our research is to demonstrate how modern technological advances can enhance the effectiveness of combat weapons training and contribute to improving the safety of all participants in this process.
Keywords: virtual reality (VR), shooting, employees, shooters, fire training, new technologies, Interior Ministry.
Article bibliography
1. Panarina S. Yu. Application of modern technologies in training in shooting with combat weapons. – Text: direct // Young scientist. – 2024. – No. 16 (515). – P. 425. [Electronic resource]. – Access mode: https://moluch.ru/archive/515/113177/ (date accessed: 10.02.2025).
2. Yusupova O. A., Afanasyev A. V. Psychological and tactical features of fire training of police officers // Scientific component. – 2019. – No. 2 (2). – P. 121.
3. Svetlichny E. G. Efficiency of using interactive teaching methods to improve firearms skills // Pedagogy and Modernity. – 2015. – No. 2 (16). – P. 36.
SAFETY AND LAW
DOTTUEV Tengiz Idrisovich
senior lecturer of Internal affairs in special conditions sub-faculty, North Caucasian Institute of Advanced Training (branch), Krasnodar University of the MIA of Russia, Nalchik, major of police
INTRODUCING TRADITIONAL VALUES AS A MEANS OF COUNTERING THE INFLUENCE OF EXTREMIST ORGANIZATIONS AMONG YOUNG PEOPLE
The article examines the formation of a world view among young people based on the principles of morality, ethics and morality, the formation of such an attitude through familiarization with spiritual values and its positioning as a counterweight to the ideology of various extremist organizations and movements. The ways and speed of information dissemination in the modern world pose a threat to socially vulnerable categories of the population, one of which is young people. Lacking sufficient critical thinking skills, effective mechanisms for filtering information, taking everything “on faith” and being largely susceptible to collective behaviorral tendencies, young people are relatively easily lured into the ranks of extremist communities, whose representatives skillfully manipulate the news agenda, presenting it in the right light and achieving the realization of their own interests. For the system of traditional values, social attitudes and established social regulators, extremist ideas have only consequences destructive, and their bearers, in the overwhelming majority of cases, hide purely utilitarian goals behind criticism of the existing situation. Young people are considered solely as a means to achieve them, an audience whose mood can be considered as a resource and instrument of influence. In order to protect the younger generation from the fate of being involved in illegal and antisocial activities, a comprehensive educational process is needed with an emphasis on ethical principles and instilling the ability to question numerous information occasions.
Keywords: spiritual and moral values, extremism, prevention of extremism, anti-extremist impact, educational process, critical thinking.
Article bibliography
1. Dadova Z. I. Traditional education as a measure of preventing extremism and terrorism // Social and political sciences. – 2018. – No. 3. – P. 211-213.
2. Vyazov A. A., Frolenkov V. N. On youth extremism in the modern Russian Federation // Education. Science. Scientific personnel. – 2023. – No. 4. – P. 86-88.
3. Akimova G. V. On the issue of modern trends in youth extremism in Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – P. 23-29.
SECURITY AND LAW
KISLITSYNA Nataliya Feliksovna
Ph.D. in Law, associate professor of Customs affairs sub-faculty, Institute of Economics, Management and Finance, Russian New University
IMPLEMENTING THE PRINCIPLE OF SECURITY IN TRANSPORT BY EXAMPLE OF THE EUROPEAN UNION
The article is devoted to a relevant topic, since transport has been considered a source of increased danger throughout its entire existence. In this regard, participants in the transportation process, as well as developers of the international legal framework in the transport sector, are required to focus maximum attention on ensuring safety in transport. The article focuses on the need to regulate this issue at all existing levels (universal, regional and national). Moreover, the activities of the Member States of the European Union on this issue are analyzed in order to illustrate specific approaches taking into account the characteristics of the region. The article emphasizes the need to make a decision, in the event of such a situation, solely based on the existing norms and principles of international law. First of all, it is necessary to understand that the emerging relations, in order to be implemented, must be regulated by modern legal means and methods. It is necessary to constantly observe the so-called “progressive development of international law”. In turn, this term requires constant monitoring of the compliance of the existing regulatory framework with those relations that already exist and have arisen.
Keywords: European Union, technical safety, social safety, source of increased danger, principles, transport.
Article bibliography
1. Aviation strategy for Europe. – [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2015:598:FIN (date of access: 3.11.204).
2. Valletta Declaration 2017 – [Electronic resource]. – Access mode: https://data.consilium.europa.eu/doc/document/ST-9994-2017-INIT/en/pdf.
3. Civil Code of the Russian Federation (part two) of 26.01.1996 No. 14-FZ (as amended on 27.12.2019, as amended on 28.04.2020). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_9027/27fb9de9d0fa6adb1f00e22c245b99251d5bd23f (date of access: 29.01.2024).
4. Kapustin A. Ya. General characteristics of the basic principles of the constitutional system of the European Union // Jurisprudence. – SPb.: Publishing house of St. Petersburg. University, 2000. – № 1. – P. 217-236.
5. Kolosov Yu. M. The role of international law in our lives (on the publication of the brochure of G. I. Morozov on international law) // Moscow journal. – 1997. – № 2. – P. 164-166.
6. Lukashuk I. I. The role of principles in the mechanism of international legal regulation of socialist economic integration // Principles of socialist economic integration. – M.: Publishing house of the Institute of Law and Political Science of the USSR Academy of Sciences, 1985. – Part 1. – P. 28-53.
7. United Nations. Convention on International Civil Aviation, 1944 – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pdf/chicago_conv.pdf (date of access: 3.01.2024).
8. United Nations. Convention on the Crime ofand Certain Other Acts Committed on Board Aircraft, 1963. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/crimes_aboard.shtml (date of access: 01/03/2024).
9. United Nations. Convention for the Suppression of Unlawful Seizure of Aircraft, 1970. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/aircraft_seizure.shtml (date of access: 01/03/2024).
10. United Nations. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/aviation_security.shtml (date of access: 3.01.2024).
11. Official website of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/sections/what-we-do (date of access: 3.01.2024).
12. Official statistics of the EU. – [Electronic resource]. – Access mode: https://ec.europa.eu/transport/media/news/2020-06-11-road-safety-statistics-2019_en (date of access: 3.01.2024).
13. United Nations. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, 1988. – [Electronic resource]. – Available at: https://www.un.org/ru/documents/decl_conv/conventions/airports.shtml (Accessed: 3.01.2024).
14. European Union. EU Road Safety Framework 2021–2030 – Next steps towards Vision Zero 2018 – [Electronic resource]. – Available at: https://ec.europa.eu/transport/road_safety/sites/roadsafety/files/move-2019-01178-01-00-en-tra-00_3.pdf (Accessed: 3.01.2024).
15. European Union. Commission Regulation (EU) 2016/2096 of 30 November 2016 amending Regulation (EC) No 1254/2009 as regards certain criteria allowing Member States to derogate from the common core safety standards for civil aviation and to adopt alternative safety measures. – [Electronic resource]. – Available at: https://eur-lex.europa.eu/eli/reg/2016/2096/oj (accessed on 3.01.2024).
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17. International Civil Aviation Organization. Standards and Recommended Practices contained in Annex 17 “Safety” to the Convention on International Civil Aviation 1944. – [Electronic resource]. – Access mode: https://dream-air.ru/tpl/docs/an17_cons_ru.pdf (date of access: 03.01.2024).
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21. Vincent Lamande, Ivan Samson, Evgeny Vinokurov. Measuring Regional Economic Development in Russia: The Case of the Kaliningrad Oblast // European Urban and Regional Studies. – Vol. 11. – 2004. – No. 1. – Рp. 71-80.
22. Mustafa Türkes, Göksu Gökgöz. The European Union’s Strategy towards the Western Balkans: Exclusion or Integration? // East European Politics and Societies. – Vol. 20. – 2006. – No. 4. – Pp. 659-690.
SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KUROPTEV Vadim Andreevich
Head of the Department – Head of Flights of the Department of Application and Operation of Robotic Complexes and Unmanned Aircraft of the Center for Information Technology, Communications and Information Protection of the MIA of the Republic of Karelia
BELEVSKIY Roman Alexandrovich
Ph.D. in Law, senior lecturer of Information technology in the activities of law enforcement agencies sub-faculty, V. V. Lukyanov Oryol Law Institute of the MIA of Russia
SOME ISSUES OF COUNTERING UNMANNED AIRCRAFT AND AIRCRAFT BY LAW ENFORCEMENT OFFICERS
In the context of modern security challenges, the task of developing and improving tactical approaches to neutralize threats posed by unmanned aircraft is becoming relevant. This issue requires complex interaction between various structures, including internal affairs bodies, to effectively counter threats using unmanned aircraft. In this article,the authors conduct a comprehensive analysis of the prospects for the development of counteraction to unmanned aircraft in order to ensure law and order in the country. A comparative analysis of unmanned aircraft and unmanned aircraft is presented. The technical features of the use of unmanned aircraft, advantages and some difficulties in the implementation of this type in the activities of internal affairs bodies are indicated.
Keywords: unmanned aircraft, police officers, air security, threat, counteraction to unmanned aircraft.
Article bibliography
1. Kovalev D. V., Kuzmichev Yu. V. Issues of the use of unmanned aerial vehicles by the police // Law and Right. – 2023. – No. 6. – P. 73-77. – DOI 10.56539/20733313_2023_6_73. – EDN FWDRNB.
2. On the Police: Federal Law of 07.02.2011 No. 3-FZ (as amended on 08.08.2024) // Reference and Legal System “ConsultantPlus” (date of access: 25.01.2025).
3. Ogorodnikov M.A., Chichin S.V. Features of training external pilots of unmanned aerial vehicles of the copter type of internal affairs bodies // Priority areas for improving the quality of training of military specialists: Materials of the XII All-Russian Scientific and Methodological Conference, Omsk, November 15, 2024. – Omsk: Omsk Armored Engineering Institute, 2024. – P. 85-91. – EDN WUGUQL.
SECURITY AND LAW
GUBACHEVA Nataliya Shamilevna
student, Ufa State Petroleum Technological University
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of Industrial safety and labor protection sub-faculty, Ufa State Petroleum Technological University
SHVIND Darya Pavlovna
student, Ufa State Petroleum Technological University
MIKHEEVA Anastasiya Dmitrievna
student, Ufa State Petroleum Technological University
TRENDS IN THE DEVELOPMENT OF LABOR LEGISLATION ON LABOR PROTECTION
This article considers the issue of the development of labor legislation on labor protection. Particular attention is paid to the delegation of responsibility for the safe work of employees to the employer. Positive and negative aspects of the employer’s independent choice of the methodology for assessing professional risks are discussed. The rights and obligations of the employer within the framework of the delegation of powers to him on labor protection are described.
Keywords: occupational safety, security, occupational safety management system, labor legislation, professional risk assessment.
Article bibliography
1. Bakhonina E. I., Nasibullina V. A. Review of changes in the legislation establishing requirements for the assessment of professional risks at the enterprise // Safety of man-made and natural systems. – 2022. – No. 2. – P. 31-25.
2. Garipov R. F., Sharafutdinova G. M., Barakhnina V. B. Risk analysis based on the results of the safety culture assessment // Occupational safety in industry. – 2019. – No. 9. – P. 82-88.
3. Gubaydullina A. R., Fedosov A. V., Abdrakhmanova E. N., Shaibakov R. A. Analysis of the main factors of the efficiency of the integrated industrial safety and labor protection management system in the oil and gas industry // Electronic scientific journal Oil and Gas Business. – 2019. – No. 4. – P. 71-92.
4. Fedosov A. V., Abdrakhmanov N. Kh., Badrtdinova I. I. [et al.] Risk management to ensure life safety // Life safety. – 2021. – No. 10 (250). – P. 28-35.
5. Fedosov A. V., Tazhetdinova A. A., Nasibullina V. A., Konstantinova O. V. Analysis of the requirements of the legislation of the Russian Federation in the field of labor protection training // Eurasian Law Journal. – 2023. – No. 4 (179). – P. 395-396.
6. Fedosov A. V., Tazhetdinova A. A., Tazhetdinova A. A., Ganiev A. M. Problems of labor protection legislation and ways to solve them // Eurasian Law Journal. – 2023. – No. 9 (184). – pp. 241-242.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System “Research Institute of the Federal Penitentiary Service of the Russian Federation”
FEATURES OF THE CORRECTIONAL PROCESS FOR JUVENILE OFFENDERS SENTENCED TO IMPRISONMENT
The article discusses the specifics of the process of correcting minors sentenced to imprisonment. The main aspects of the process of reintegration of adolescents into society after serving their sentences, including psychological, social and educational support, are considered. The article analyzes the legal and pedagogical aspects, methods and principles of correction, as well as factors influencing the successful resocialization of adolescents. The article emphasizes the need for an integrated approach to resocialization, taking into account the individual characteristics of each teenager and aimed at restoring their social ties and professional orientation. Special attention is paid to educational and psychological programs, family work and preparation for life after liberation.
Keywords: correction, juvenile offenders, resocialization, education, penitentiary system.
Article bibliography
1. Kraeva N. V., Zorina N. S. Rational ways of correction of juvenile convicts // Eurasian Law Journal. – 2024. – No. 8 (195). – P. 469-470.
2. Bryukhnov A. A. The rights of minors sentenced to imprisonment and their implementation: dis. … candidate of legal sciences: 12.00.08. – M., 2006. – 186 p.
3. Paizulaeva B. A. Resocialization of juvenile convicts in penitentiary institutions: dis. … candidate of ped. sciences: 13.00.01. – Makhachkala, 2010. – 200 p.
4. Fedotova E. N. Malicious evasion of juvenile convicts from serving criminal sentences in the form of compulsory work, correctional labor and restriction of freedom: dis. … candidate of legal sciences: 12.00.08. – M., 2008. – 180 p.
5. Shapar M.A. Experience of foreign countries in the resocialization of juvenile convicts // Law and Right. – 2017. – No. 5. – P. 76-80.
EDAGOGY AND LAW
KUROCHKIN Alexander Sergeevich
senior lecturer of Tactical and special training sub-faculty, Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
MILYUTIN Roman Viktorovich
lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia
MUSTAKIMOV Ruslan Maratovich
senior lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
IVANOV Sergey Ivanovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
FEATURES OF THE METHODOLOGY OF TEACHING LEGAL DISCIPLINES: AN INTEGRATIVE APPROACH TO THE FORMATION OF PROFESSIONAL COMPETENCIES
This article is devoted to the analysis of the specifics of the methodology of teaching legal disciplines in the context of the formation of professional competencies of future lawyers. The article examines the specifics of legal knowledge, the requirements for the competencies of graduates of law schools, as well as effective teaching methods and technologies that promote the development of analytical, critical and law enforcement thinking. The authors note the effectiveness of introducing gamification into the educational process, which makes it possible to improve the process of monitoring students’ academic performance. Special attention is paid to an integrative approach that includes interdisciplinary connections, the use of active, interactive teaching methods and the development of key competencies. The authors conclude that only such an approach will make it possible to prepare graduates who are able to work effectively in the modern legal system and solve complex legal problems.
Keywords: methods of teaching law, legal education, professional competencies, active teaching methods, integrative approach, problem-based learning, case study, modeling.
Article bibliography
1. Osmanov M. M. Business game as a method of legal education // Problems of modern pedagogical education. 2020. No. 66-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/delovaya-igra-kak-metod-pravovogo-obucheniya (date of access: 19.02.2025).
2. Osmanov M. M. Features of the methodology of teaching legal disciplines at the present stage // Problems of modern pedagogical education. 2020. No. 66-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-metodiki-prepodavaniya-yuridicheskih-distsiplin-na-sovremennom-etape (date of access: 19.02.2025).
3. Sergeychev D. A. Modern methods of teaching legal disciplines // Digital science. 2021. No. 6-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-metody-prepodavaniya-yuridicheskih-distsiplin-1 (date of access: 27.02.2025).
4. Tarasenko O. A. Modern methods of teaching legal disciplines // Actual problems of Russian law. 2016. No. 9 (70). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-metody-prepodavaniya-yuridicheskih-distsiplin (date of access: 19.02.2025).
5. Tsiruleva L. D., Shcherbakova N. E. Gamification in training: essence, contentmaintenance, ways of implementing technology // PenzSU Bulletin. 2023. No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obuchenii-suschnost-soderzhanie-puti-realizatsii-tehnologii (date of access: 19.02.2025).
PEDAGOGY AND LAW
MELNIKOV Anton Sergeevich
senior lecturer of Physical training sub-faculty, Vladimir Law Institute of the FPS of Russia
SADKOV Alexey Viktorovich
Deputy Head of Physical training sub-faculty, Vologda Institute of Law and Economics of the FPS of Russia
KISLYKH Evgeniy Alexandrovich
senior lecturer of Fire and physical training sub-faculty, Perm Institute of the FPS of Russia
KRAPIVIN Oleg Vladimirovich
associate professor Physical training and sports sub-faculty, Academy of the FPS of Russia
ON THE ISSUE OF TEACHING BASIC PRINCIPLES OF MEDIATION (USING THE EXAMPLE OF THE VLADIMIR LAW INSTITUTE OF THE FPS OF RUSSIA)
In modern society, conflicts are an integral part of interpersonal and group interactions. The specifics of the use of mediation technologies for conflict resolution are becoming increasingly relevant in the context of the growing complexity of social interaction and cultural diversity. This paper examines the main aspects of the meditative process among cadets, including the stages of mediation, the role of the mediator, as well as tools and methods used in the dispute resolution process. Special attention is paid to the psycho-emotional state of the conflict participants, which makes it possible to effectively manage tension and contribute to finding mutually acceptable solutions.
Keywords: cadet, mediation, principles, mediation technologies, conflict resolution.
Article bibliography
1. Gurko T. A. Formation of the institution of mediation in Russia: laws, theories, practice // Sociological science and social practice. – 2016. – Vol. 4, No. 2. – P. 40-61.
2. Official website of the Vladimir regional association of mediators / Main page. [Electronic resource]. – Access mode: https://www.mediator33.ru/ (date of access: 02/20/2025).
3. Bessemer H. Mediation. Mediation in conflicts / Translated from German. – Kaluga: Spiritual knowledge, 2004. – 176 p.
4. Merimanov Zh. Principles of mediation // Conflictology. – 2013. – No. 1. – P. 141-150.
5. Pinkevich A. G., Sunami A. N. Applied technologies of pedagogical conflictology: peer mediation // Conflictology. – 2013. – No. 1. – P. 176-190.
PEDAGOGY AND LAW
NUKHOVA Zaira Kazanapovna
Ph.D. in historical sciences, associate professor of Social sciences and law sub-faculty, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
BAGIROVA Zagidat Kurbanmagomedovna
Ph.D. in pedagogical sciences, associate professor of Social sciences and law sub-faculty, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
PROBLEMS OF THE METHODOLOGY OF TEACHING LAW IN THE SCHOOL COURSE OF SOCIAL STUDIES
The article is devoted to the analysis of the problems of the methodology of teaching law in the school course of social studies. The article focuses on the need to use modern pedagogical technologies, such as game techniques and case study methods, which contribute to the active involvement of students in the study of legal norms and their application. Case methods, in turn, provide an opportunity to analyze real legal situations, which contribute to an in-depth understanding of the subject and the formation of an active civic position.
Keywords: social studies, law, teaching methods, case methods.
Article bibliography
1. Voskanova E. M. Case method in history and social science lessons as a way of implementing an activity-based approach in teaching schoolchildren // Bulletin of science and education. – 2019. – No. 19-1 (73).
2. Gadzhieva P. D. Methodology for using the case method in teaching social science // MNKO. – 2017. – No. 2 (63).
3. Grishina T. A. Case study method as a modern teaching technology in the course of humanitarian subjects of the school curriculum // Science and school. – 2018. – No. 3.
4. Kurmashev A. R. Methodology of teaching legal issues in the school course of social science // Scientific and methodological electronic journal “Kaliningrad Bulletin of Education”. – 2024. – No. 1 (21) / April. – P. 63-70.
PEDAGOGY AND LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, 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 Penitentiary Service”
INNOVATIVE METHODS OF RESOCIALIZATION OF JUVENILE CONVICTS
The re-socialization of juvenile convicts is one of the key tasks of the penitentiary justice system and social policy. With an increasing number of offenses among young people, as well as an increase in the number of minors in educational colonies, the urgency of developing innovative methods of resocialization is becoming more and more obvious. Special attention is paid to restorative justice, family therapy, and post-release support. These methods contribute to the formation of responsibility, empathy, and skills necessary for independent living, which ultimately reduces the rate of repeat juvenile delinquency. This article is devoted to the analysis of modern approaches to the rehabilitation of juvenile convicts, including new technologies and techniques aimed at improving their integration into society after release.
Keywords: penal enforcement system, juvenile convicts, educational colonies, penitentiary system, Federal Penitentiary Service of Russia, innovations, correction, re-socialization.
Bibliographic list of articles
1. Vilkova A. V., Kovtunenko L. V. Innovative forms and methods of resocialization of juvenile convicts // Trends in the development of modern pedagogical science: materials of the VIII All-Russian scientific and practical conference of postgraduate students, applicants, doctoral students, scientific supervisors, young scientists specializing in the field of education, St. Petersburg, June 10, 2020. – St. Petersburg: St. Petersburg Academy of Postgraduate Pedagogical Education, 2020. – P. 245-248.
2. Bovin B. G. Psychocorrection of aggressive behavior of adolescents in correctional colonies // Models and technologies for providing psychological assistance to children and adolescents in extreme situations: Collective monograph / Under the general editorship of A. V. Kokurin, V. I. Ekimova, E. A. Orlova. – Perm: IP Sigitov T. M., 2018. – P. 84-96.
3. Morozova L. A. Innovations in the legal life of Russia // State and Law. – 2013. – No. 5. – P. 40-46.
4. Zorina N. S., Tsarkova E. G. Features of psychological correction of the personality of juvenile convicts // Eurasian Law Journal. – 2024. – No. 11 (198). – P. 494-495.
PEDAGOGY AND LAW
KHOROLSKIY Vladimir Vitaljevich
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Tactical and special training sub-faculty, Rostov Law Institute of the MIA of Russia
KHALILULLIN Fanil Fargatovich
Ph.D. in psychological sciences, associate professor, associate professor of Physical training sub-faculty, Kazan Law Institute of the MIA of Russia
MUSTAKIMOV Ruslan Maratovich
senior lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia, lieutenant colonel police
PAVLOV Igor Mikhaylovich
senior lecturer of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
PSYCHOLOGICAL AND PEDAGOGICAL FEATURES OF TRAINING POLICE OFFICERS ON DUTY FOR PROFESSIONAL ACTIVITY
This article is devoted to the analysis of the psychological and pedagogical features of the training of police officers on duty for professional activity. The authors consider the specific requirements for the professional skills of employees on duty due to a high degree of responsibility, multitasking, constant exposure to stressors and the need for prompt decision-making in conditions of uncertainty. The study focuses on the key psychological qualities necessary for successful work in the duty station, such as high stress tolerance, developed communication skills, the ability to make quick and accurate decisions, as well as empathy and emotional control. Based on the analysis of scientific literature and practical experience, the article proposes a methodological approach to optimizing the educational process aimed at the formation and development of these professional qualities. The proposed approach includes the use of stress-resistance training, the development of case-based decision-making skills and situational tasks, as well as the integration of modern technologies into the learning process and the provision of psychological support for employees. The authors address issues of professional burnout andmaintaining the psychological well-being of employees on duty. The results of the study can be used to improve the training system for law enforcement officers.
Keywords: police on duty, professional training, psychological stability, stress tolerance, communication skills.
Article bibliography
1. Ismagilova A. R. Some problematic aspects in the activities of duty units of internal affairs bodies // Agrarian and land law. – 2022. – No. 6 (210). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemnye-momenty-v-deyatelnosti-dezhurnyh-chastey-organov-vnutrennih-del (date of access: 10.03.2025).
2. Kazachenok V. Organizational aspects influencing the efficiency of duty units of territorial bodies of the Ministry of Internal Affairs of Russia // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – P. 144-150. [Electronic resource]. – Access mode: https://doi.org/10.37973/KUI.2022.88.13.022 (date of access: 10.03.2025).
3. Kuznetsov D. V., Aigozina A. M. Organization of activities of duty units of the Ministry of Internal Affairs of Russia: openness to citizens or security? // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (42). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-deyatelnosti-dezhurnyh-chastey-mvd-rossii-otkrytost-dlya-grazhdan-ili-zaschischennost (date of access: 10.03.2025).
4. Nosova D. Kh., Amirova L. A., Khatuaev M. O. Psychological and pedagogical aspects of the development of police officers’ readiness for professional activity // Psychology and pedagogy of service activity. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologo-pedagogicheskie-aspekty-razvitiya-gotovnosti-sotrudnikov-politsii-k-professionalnoy-deyatelnosti (date of access: 10.03.2025).
5. Khozaev P. B. On the issue of the activities of duty units of the Internal Affairs Directorate as the main element of operational management in the system of the Ministry of Internal Affairs of Russia // Gaps in Russian legislation. – 2016. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-deyatelnosti-dezhurnyh-chastey-ovd-kak-osnovnogo-elementa-operativnogo-upravleniya-v-sisteme-mvd-rossii (date of access: 10.03.2025).
PEDAGOGY AND LAW
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police, Simferopol
LAPSHIN Igor Efimovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Theoretical foundations of physical education sub-faculty, Academy of Physical Culture and Sports, Southern Federal University, Rostov-on-Don
FEATURES OF THE DEVELOPMENT OF PROFESSIONAL COMPETENCIES OF POLICE OFFICERS IN THE APE SYSTEM
This article examines the role of increasing qualifications in the development of professional competencies of police officers. The authors study the methods of professional development of employees of the Ministry of Internal Affairs of Russia, focusing on the effectiveness of coaching, trainings, group games and the development of emotional intelligence. The authors identify the main directions of development of the modern system of advanced training of police officers: the need to focus on changing conditions of service; the importance of taking into account the internal motivation of police officers, their professional experience, and specific specialization; using a comprehensive approach in the professional development process. The article analyzes both group (discussions, role-playing games, analysis of specific situations) and individual (consultations, conversations) forms of education within the framework of the system of additional professional education. In conclusion, the authors note that vocational training provides continuous professional development and adaptation of employees to the changing requirements of law enforcement activities.
Keywords: professional development, professional training, police officers, professional competence, additional professional training.
Article bibliography
1. Animokov I.K. Pedagogical conditions for the development of professional success of police officers in the process of advanced training // Scientific support for the system of advanced training of personnel. – 2022. – No. 2 (51). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskie-usloviya-razvitiya-professionalnoy-uspeshnosti-sotrudnikov-politsii-v-protsesse-povysheniya-kvalifikatsii (date of access: 03.02.2025).
2. Brazhenskaya N. E., Osmanov M. M. Using training to develop the personal effectiveness of police officers in the process ofqualification improvement // Problems of modern pedagogical education. – 2021. – No. 70-1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-treninga-dlya-razvitiya-lichnoy-effektivnosti-sotrudnikov-politsii-v-protsesse-povysheniya-kvalifikatsii (date of access: 02/16/2025).
3. Gorbachev V. V. Additional professional education in the form of advanced training as the most important condition for professional development of employees of internal affairs bodies // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (40). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dopolnitelnoe-professionalnoe-obrazovanie-v-forme-povysheniya-kvalifikatsii-kak-vazhneyshee-uslovie-professionalnogo (date of access: 16.02.2025).
4. Kodzov T. N. On some conditions of professional success of employees of internal affairs bodies // Legal science and practice. – 2025. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-usloviyah-professionalnoy-uspeshnosti-sotrudnikov-organov-vnutrennih-del (date of access: 03.02.2025).
5. Fedolov B. A., Morozov V. A., Levchenko A. A. Directions for improving the management of the process of advanced training of police officers // Psychopedagogy in law enforcement agencies. – 2018. – No. 3 (74). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/napravleniya-sovershenstvovaniya-upravleniya-protsessom-povysheniya-kvalifikatsii-sotrudnikov-politsii (date of access: 03.02.2025).
PSYCHOLOGY AND LAW
ROMANOVSKAYA Irina Viktorovna
Ph.D. in Law, associate professor of Criminal process law sub-faculty, Crimean branch, Russian State University of Justice, Simferopol
PSYCHOLOGICAL FEATURES OF THE PROSECUTOR’S PROFESSIONAL ACTIVITY
The article examines the multifaceted activities of the prosecutor in the framework of criminal proceedings, reveals its psychological features. Special attention is paid to situations where there are contradictions between the prosecutor and the defense related to the defendant’s denial of guilt. The author draws attention to the significant qualities that a prosecutor must possess for the successful implementation of the principles of the criminal process, such as integrity, honesty, erudition, attentiveness, justice, morality, sociability.
Keywords: cognitive, constructive, communicative activity, organizational skills, criminal proceedings, prosecutor.
Bibliographic list of articles
1. Koni A. F. Moral principles in criminal proceedings (General features of judicial ethics). Reproduced from the publication: A. F. Koni. Selected works. Moscow: Gosyurizdat, 1956.
2. Yenikeev M. I. Legal psychology. With the basics of general and social psychology: Textbook for universities. Moscow: Norma, 2005. 640 p.: ill.
PSYCHOLOGY AND LAW
TAYSAEVA Svetlana Borisovna
Ph.D. in psychological sciences, associate professor of Political analysis and socio-psychological processes sub-faculty, G. V. Plekhanov Russian University of Economics
KRAVCHENKO Veronika Alexeevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
CHIRKUNOVA Olga Igorevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
THE INFLUENCE OF PERSONAL MATURITY OF EMPLOYEES ON THE LEVEL OF INTRA-ORGANIZATIONAL TRUST IN A MODERN ORGANIZATION
The article analyzes the importance of intra-organizational trust, as well as examines various aspects of personal maturity. An analysis of the results of methods that diagnose the level of trust and personal maturity showed a predominance of the average level of manifestation of the studied phenomena and a moderate positive statistical relationship between them. The results of the study highlight the need for further analysis to build trust and improve the organizational atmosphere. It is concluded that in a team with mature personnel, there are certain problems in the area of intra-organizational trust, which can negatively affect the overall atmosphere and work efficiency.
Keywords: maturity, personal maturity, intra-organizational trust, labor relations.
Article bibliography
1. Dermanova I. B., Manukyan V. L. Personal maturity: towards defining psychological content // Bulletin of St. Petersburg University. Sociology. – 2010. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lichnostnaya-zrelost-k-opredeleniyu-psihologicheskogo-soderzhaniya (date of access: 05.12.2024).
2. Kalachikova E. A. Features of psychological health and personal maturity in students with different educational orientations: master’s thesis in the field of training: 37.04.01 – Psychology. – Tomsk: [b.i.], 2020. [Electronic resource]. – Access mode: https://vital.lib.tsu.ru/vital/access/manager/Repository/vital:11655 (date of access: 05.12.2024).
3. Pesha A. V. Atmosphere of trust as a component of corporate culture and its influence on organizational effectiveness // Bulletin of Eurasian Science. – 2020. – No. 2 (39). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/atmosfera-doveriya-kak-sostavlyayuschaya-korporativnoy-kultury-i-ee-vliyanie-na-organizatsionnuyu-effektivnost (date of access: 23.12.2024).
4. Smeyan T. S. On the issue of self-actualization of the individual // Science and Modernity. – 2023. – No. 23. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-samoaktualizatsii-lichnosti (date of access: 23.12.2024).
STATE AND LAW
KULIKOVA Yuliya Albertovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, Faculty of Law, Moscow State University of Psychology and Social Sciences
ZHURAVLEVA Alena Vladimirovna
Ph.D. in philosophical sciences, associate professor of Civil law disciplines sub-faculty, Faculty of Law, Moscow State University of Psychology and Social Sciences
AKIMENKO Viktor Feliksovich
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, Faculty of Law, Moscow State University of Psychology and Social Sciences
FEATURES OF LOCAL SELF-GOVERNMENT BODIES AS PART OF A UNIFIED SYSTEM OF PUBLIC AUTHORITY IN THE RUSSIAN FEDERATION ON THE EXAMPLE OF A SPECIFIC MUNICIPALITY
In 2020, the Constitution of the Russian Federation was amended with respect to local governments, which became part of the unified system of public authority. The authors examined one of the elements of local self-government bodies – the head of a municipality, whose election procedure has changed over the years from the election of its residents to the election of the head of the city by deputies of a representative body of local self-government. In a particular municipality, the process of change concerning the election of the mayor has been analyzed and both positive trends and negative sides of this phenomenon have been noted.
Keywords: local government, the head of the municipality, local referendum, voting, municipal elections, recall of the head of the city.
Article bibliography
1. Mufazalova Ya. I., Aminov I. R. Problems of abolition of direct elections of heads of municipalities in the Russian Federation // International Journal of Humanities and Natural Sciences. – 2021. – No. 12-4. – P.30-31.
2. Grineva D. D., Koroteeva P. P., Maksimov A. N., Sosnin D. P., Trudolyubov A. S. Features of the rotation of the corps of mayors in modern Russia // Official website of the Civil Initiative Committee. [Electronic resource]. – Access mode: https://komitetgi.ru/.
STATE AND LAW
MARCHENKO Dmitriy Eduardovich
Ph.D. in Law, associate professor, associate professor of Economics and management sub-faculty, Volga State University of Railway Transport, Samara, Retired Colonel of the Internal Service
TARENKOVA Olga Alexandrovna
Ph.D. in Law, associate professor, Head of Public and private law sub-faculty, Samara branch, Moscow City Pedagogical University
PROTECTION OF THE VALUE OF VICTORY IN THE GREAT PATRIOTIC WAR AS A DIRECTION IN RUSSIAN LEGISLATION
There is a whole trend in Russian legislation dedicated to preserving the historical memory of the Victory of the Soviet people in the Great Patriotic War, preventing belittling the feat of the Soviet people, and countering manifestations of fascism and Nazism. This board has an intersectoral nature. The norms of constitutional, administrative and criminal law establish a legal regime in this area of legal regulation, as well as sanctions for violating official prohibitions. The victory of the Soviet people is eighty years old. Nevertheless, the relevance of the current legal norms is increasing, including in connection with the need to protect the state sovereignty of the Russian Federation.
Keywords: normative legal act, historical memory and unity, Victory in the Great Patriotic War, fight against fascism and Nazism, constitutional values, administrative regime, administrative responsibility, criminal responsibility, social rights of veterans of the Great Patriotic War.
Bibliographic list of articles
1. Chernykh S.I. On the relationship between processesin public administration and regulation: theory and Russian practice // Society and Economy. – 2024. – No. 5. – P. 19.
2. Nozdrachev A. F. Modern content of the concept “Administrative and legal regime” // Journal of Russian Law. – 2017. – No. 2. – P. 99.
3. Napso M. D. Emile Durkheim’s theory of anomie and modernity // Sociodynamics. – 2017. – No. 2. – P. 23.
4. Kotov S. V. Neo-fascism as a phenomenon of modernity: philosophical and political origins and conceptual genesis. Dissertation for the academic title of Doctor of Political Sciences. – M. 2011.
5. Esakov G. A., Korobyev A. I. Neo-fascism as a manifestation of extremism: problems of criminal-legal counteraction // Asia-Pacific region: economics, politics, law. – 2015. – No. 2 (35). – P. 139.
6. Andreev O. V., Shirokova M. A. Formation and development of the regulatory framework for preserving the memory of the Great Patriotic War in 1941-2019 // Bulletin of the Chuvash University. – 2019. – No. 19, No. 4. – P. 25.
STATE AND LAW
PEKAREVA Viktoriya Vladimirovna
student, Institute of Training of State and Municipal Employees, Academy of Law and Management of the FPS of Russia
TUARMENSKIY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty, Academy of Law and Management of the FPS of Russia
CHARACTERISTICS OF DIGITAL RIGHTS: SPECIFICS AND PROBLEMATIC DEFINITION OF THEIR CONTENT
This article provides a multidimensional critical analysis of the concept of “digital right” as a legal category. Different interpretations of this concept are considered: as an independent term denoting the object of civil rights; as a type of property rights possessing electronic form and specific characteristics; as a subjective right. Other theoretical and practical interpretations are also analyzed. In addition, the relationship and distinction between digital assets, tokens, electronic data and other information presented in digital format is recognised. An important part of the study is to examine the problems of understanding the essence and legal regulation of digital rights.
Keywords: digital rights, information space, privacy, information system, information technology, databases, property rights, digital rights protection.
Article bibliography
1. Zhemerov V. V. Digital human rights: theoretical and practical problems // Issues of Russian justice. – 2019. – No. 3. – P. 1026-1036.
2. Inozemtsev M. I., Nektov A. V. Foreign dissertations on digital law // Digital law. – 2023. – Vol. 4, No. 1. – P. 28-63.
3. Lisitsa V. N. Digital rights as civil rights operating in the information system // Legal policy and legal life. – 2024. – No. 3. – P. 149-154. – DOI 10.24412/1608-8794-2024-3-149-154.
4. Mefodieva K. A. Digital data as an object of civil law regulation in Germany, the USA and Russia. [Text]: dis. … Cand. of Law: 12.00.03. – M., 2019. – 228 p.
5. Minaeva A. I. Digital rights as elements of the legal status of an individual // Issues of Russian and international law. – 2021. – Vol. 11, No. 3A. – P. 69-77. – DOI 10.34670/AR.2021.81.43.035.
6. Rozhkova M. A. Digital rights: public law concept and concept in Russian civil law // Business and Law. – 2020. – No. 10. – P. 45-52.
7. Khanova V. A. Digital rights as a new object of civil rights // StudNet. – 2020. – No. 10. – P. 151.
STATE AND LAW
VARLAMOV Dmitriy Vladimirovich
postgraduate student, Moscow Innovation University
IMPROVEMENT OF PROCEDURAL AND LEGAL ASPECTS OF DETERMINING THE CUSTOMS VALUE OF GOODS
The article considers some conceptual aspects of improving the procedural and legal aspects of determining the customs value of goods. Attention is focused on what actions need to be taken by declarations to improve the procedure for making decisions on binding information and its use by customs authorities. It is noted that the relevant legislative provisions should establish a rule that the customs authority is obliged to notify the declarant using the information system or in writing about the possibility of holding consultations. It is revealed that at the moment, the legal regulation of the grounds and procedure for customs post-control is not progressive enough. A conclusion is made that the procedure for simplified declaration and release of goods into free circulation approved in international legislation requires proper development and legislative registration.
Keywords: customs value, procedures, regulations, legal grounds, declaration.
Article bibliographic list
1. Blinov N. M., Seyedin S. I. Customs management: a textbook. – M.: RTA, 2024. – 190 p.
2. Gorchakov V. V., Dianova V. Yu., Golodova O. V. Price information for customs officers: possibilities and prospects of use // Customs policy of Russia in the Far East. – 2024. – No. 2. – P. 34-37.
3. Ershov A. D. Fundamentals of management and organization in customs affairs: a textbook: St. Petersburg Institute of Economics and Statistics, St. Petersburg branch of RTA, Knowledge Society, 2023. – 250 p.
4. Karpov V. V. All duties, fees, payments and taxes at customs. – M.: Economy and Finance, 2023. – 175 p.
5. Luke E., Strathbrücker F. Proceedings of the seminar “Methods for determining customs value, their theoretical foundations and practical application” with the participation of foreign specialists. – Yaroslavl, 2022. – 300 p.
6. Matveeva O. P. Organization and technology of foreign trade operations. – M.: Marketing, 2024. – 240 p.
7. Fundamentals of customs affairs. Manual: issue 3. Economic activities of customs authorities. – M., 2024. – 210 p.
STATE AND LAW
VOLKOV Alexander Alexandrovich
student, postgraduate student of the 2nd course, Volgograd Institute of Management (branch), Russian Academy of National Economy and Public Administration under the President of the Russian Federation
PROCEDURE FOR ESTABLISHING THE RESULTS OF REMOTE ELECTRONIC VOTING
The article is devoted to the process of summing up the results of electronic voting, as well as the features the are inherent to it. The author examined the regulatory legal acts containing and disclosing the features of summing up the results of electronic voting. Also, the article disclosed the framework of which the modernization of the election procedure is carried out. The author examines the procedures for counting votes and summing up the results of electronic voting.
In addition, the article touches upon the activities of election commissions. Attention is paid to the recording of voting results and the disclosure of the features of this process. The author predicts the prospects for the development of the remote electronic voting system.
Keywords: digital technologies, electoral process, constitutional law, electronic voting.
Article bibliography
1. Federal Law of 12.06.2002 No. 67-FZ of 12.06.2002 (as amended on 08.08.2024 with the amendment of 13.12.2024) “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Resolution of the Central Election Commission of Russia dated June 14, 2024 No. 172/1345-8 “On Amendments to the Procedure for Remote Electronic Voting Using Federal State Information Systems”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Resolution of the Central Election Commission of Russia dated July 27, 2022 No. 91/748-8 (as amended on March 6, 2024) “On the Instructions for Posting Data of the State Automated System of the Russian Federation “Elections” on the Information and Telecommunications Network “Internet”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Borisov I. B., Golovin A. G., Ignatov A. V. Elections in the world: electronic voting. – M., 2020. – P. 195.
5. Borisov I. B. The end of the pre-digital era of political processes // Citizen. Elections. Power. – 2021. – No. 1. – P. 124-136.
6. Khudoley D. M., Khudoley K. M. Electronic voting in Russia and abroad // Bulletin of Perm University. – 2022. – P. 57.
7. Interview of the Chairman of the Central Election Commission of Russia dated March 23, 2021 with Pamfilova E. A. // Rossiyskaya Gazeta, 2021. [Electronic resource]. – Access mode: https://rg.ru/2021/03/24/interviu-glavy-cik-elly-pamfilovoj-glavnoe.html?ysclid=m92xc9hegt339305373&utm_referrer=https%3A%2F%2Fyandex.ru%2F.
HUMAN RIGHTS
OVCHINNIKOVA Larisa Ivanovna
Ph.D. in Law, associate professor, associate professor of International and public law sub-faculty, Law Faculty, Financial University under the Government of the Russian Federation
ON THE ISSUE OF WAYS TO PROTECT THE VIOLATED RIGHTS OF RUSSIAN CITIZENS
The article discusses current issues of ensuring the protection of the rights and interests of citizens in administrative and judicial proceedings. The structure of courts and problematic issues of judicial proceedings, such as the workload of courts, the protracted nature of the consideration of cases, are considered. To solve the current problems of the Russian judicial system, it is proposed to expand the practice of pre-trial dispute resolution and mediation. Mediation can serve as one of the ways to protect violated rights, and one of the advantages of thismethod is the right to exercise it both before and during the trial. The article examines the work of arbitration courts established to resolve disputes arising in the economic sphere or civil law relations, which can act as an alternative to federal courts.
Keywords: protection of violated citizens’ rights, government agencies, courts, judicial proceedings, pre-trial settlement, disputes, mediation, arbitration courts.
Article bibliographic list
1. Volozhanin V. P. Non-judicial forms of resolution of civil-law disputes. – Sverdlovsk: Sredne-Uralskoe kn. Publishing House, 1974. – P. 34, 36.
2. Lyubkina N. A., Lubsky R. A. Problems of protection of subjective civil rights in the Russian Federation // Jurist-Pravoved. – 2018. – No. 1 (84). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-zaschity-subektivnyh-grazhdanskih-prav-v-rossiyskoy-federatsii (date of access: 02/05/2025).
3. Chechot D. M. How to protect your right. – M: Legal Literature, 1988. – P. 18, 30.
4. Yusupova A. F. Mediation as an alternative method of dispute resolution in civil proceedings // Issues of Russian Justice. – 2020. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mediatsiya-kak-alternativnyy-sposob-razresheniya-sporov-v-grazhdanskom-protsesse (date of access: 02/05/2025).
LANGUAGE AND LAW
SULEYMANOVA Zumrud Suleymanovna
senior lecturer of Linguistics sub-faculty, Dagestan Humanitarian Institute, Makhachkala
ASLANOV Aslan Makhmudovich
chief specialist and expert of the National Policy Department of the Ministry of National Policy and Religious Affairs of the Republic of Dagestan
ABDURAKHMANOV Abdurakhman Ibragimkhalilovich
senior lecturer of Linguistics sub-faculty, Dagestan Humanitarian Institute, Makhachkala
MUSAEVA Asma Gadzhievna
associate professor of Criminal law and state law disciplines sub-faculty, Dagestan State University of National Economy, Head of the Department of Science and Education of the Dagestan Humanitarian Institute, Makhachkala
THE CONCEPT OF “WOMAN” IN “QURANIC SOCIOLOGY” IN THE CONTEXT OF FEMINIST CLAIMS TO THE INTERPRETATION OF THE QURAN
The analysis and understanding of the concept of “woman” in the text of the Quran is one of the most urgent tasks for a modern researcher of the Muslim religion, since attempts are being made to transfer the problem of equality existing in certain circles of society to the plane where it is solved, i.e. the Muslim religious concept, destroying it under the slogans of equality. The article attempts to comprehend the “Quranic sociology” in the aspect of equality. A line-by-line analysis of the text of the Quran devoted to the concept of «woman» is carried out. The concept of «Quranic sociology» is being introduced into scientific use.
Keywords: the Quran, the concept of «woman», women, Islam, verses.
Article bibliography
1. Abbas Mahmud Al-Akkad. Al-maratu fi-l Quran. – 2007. – P. 144. [Electronic resource]. – Access mode: https://www.noor-book.com (date of access: 12/17/2024).
2. Jalal ad Din As-Suyuti. Perfection in the Quranic Sciences / Editorial Board: Mufti Ravil Gainudin, prof. M. S. Meyer, Sheikh Farid Asadullin, Prof. G. M. Gabuchan, Prof. A. B. Kudelin. Issue 1: The doctrine of the interpretation of the Koran. – M, 2000. – 240 p.
3. Ibn Abi al-Dunya. [Electronic resource]. – Access mode: https://translated.turbopages.org (accessed: 12/14/2024).
4. Buttaeva A. M., Omarov S. I. Ethnic identity as a key link in civil identity // Bulletin of the Dagestan Humanitarian Institute. – 2021. – Vol. 3. – Pp. 96-103.
5. Bakhmudkadiev N. D., Askerov A. S. The modern concept of interaction between state and religion in Russia // Bulletin of the Dagestan Humanitarian Institute. – 2021. – Vol. 3. – P. 103-108.
6. Sirazhudinova S. I. The main elements of zakat and their characteristics // Bulletin of the Dagestan Humanitarian Institute. – 2021. – Vol. 3. – P. 118-122.
7. Nasr, Seyed Hossein, Dagli, Caner, Massy Dakake, Maria, Rustom, Muhammad, Lumbard, Joseph Study of the Quran. – HarperCollins, 2015. – P. 1794.
8. Mikhaleva A. V. Islamic feminism Seyran Atesh / Bulletin of the PFIC. – 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru-seyran-atesh (date accessed: 12/14/2024).
9. Muhammad Alawi al-Maliki al-Husni. Zubdat al-itkan fi ulum al-Qur’an. Sayda. [Electronic resource]. – 2018. – P. 176-184.
ECONOMY. LAW. SOCIETY
ZVYAGINA Alena Vladislavovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal PenitentiaryService» of Russia
KOZLOVA Anna Alexeevna
senior lecturer of Social psychology, social work and probation sub-faculty, Faculty of Psychology, Academy of the FPS of Russia
SOCIAL ADVERTISING IN WORKING WITH CONVICTS: FEATURES, FORMS, ANALYSIS OF USAGE PRACTICES
The article reflects the results of an analysis of the practice of using social advertising in the professional activities of employees of the penitentiary system of the Russian Federation (using the example of social work units with convicts). The current topic of social advertising used in working with convicts has been identified. The most common forms of bringing social advertising to convicts are revealed. It is determined that social advertising, presented in visual-graphic and in visual-cinematic forms, arouses the greatest interest and response among convicts.
Keywords: convicts, social work with convicts, social advertising, the penal enforcement system of the Russian Federation.
Article bibliography
1. Kurenkova O. E. Social advertising as an effective technology of social work with convicts: features, functions / Collection of scientific papers of employees of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia. Collection of articles. Under the general editorship of A. A. Seredin. – Vologda, 2019. – P. 93-96.
2. Siryakov A. N. Objectives of social advertising and their legal registration // Legal position. – 2024. – No. 10 (58). – pp. 30-38.
ECONOMY. RIGHT. SOCIETY
SEDYKH Vladimir Alexandrovich
Ph.D. in biological sciences, chief researcher of SIC-1 of the federal government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
RADCHENKO Elena Pavlovna
Ph.D. in economic sciences, leading researcher of SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
VDOVINA Alina Nafisovna
senior researcher of SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
AGRICULTURAL LANDS IN THE PENAL SYSTEM OF THE RUSSIAN FEDERATION: ISSUES AND SOLUTIONS
The article discusses the problematic issues of identifying the causes of the withdrawal of agricultural land from the circulation of the penal system of the Russian Federation. This issue did not attract attention until the optimization of the institutions of the penal system and the expansion of the practice of applying criminal penalties not related to the isolation of convicts from society. However, this topic is important for understanding the financial and economic rationale for drafting regulatory legal documents when transferring land for permanent indefinite use to the Federal Property Management Agency. In the current situation, the Russian penitentiary system is faced with a choice of the vector of functioning of agricultural land. It is necessary to review federal laws, orders and orders regarding federal executive authorities, in particular the Federal Penitentiary Service.
Keywords: land legislation, land policy, government institutions, agricultural land, penal enforcement system, Federal Penitentiary Service.
Article bibliography
1. Mokretsov Yu. V., Kryukova D. Yu. Decision support system in automated engineering complexes of penal institutions // Information technologies and mathematical methods in the activities of the penal system and education. Proceedings of the interuniversity round table. – 2014. – P. 53-58.
2. Lanina A. N. Problems of environmental safety of the institutions of the Federal Penitentiary Service of Russia // NovaInfo. – 2017. – No. 62. – P. 277-281. [Electronic resource]. – Access mode: https://novainfo.ru/article/12059 (date accessed: 31.01.2025).
3. Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (as amended on 16.02.2022) (as amended and supplemented, entered into force on 01.03.2022) // SPS Consultant Plus.
4. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // SPS Consultant Plus.
5. Order of the Government of the Russian Federation of August 31, 2002 No. 1225-r “On the Environmental Doctrine of the Russian Federation” // SPS Consultant Plus.
6. Federal Law of 24.07.2002 No. 101-FZ “On the turnover of agricultural land” // SPS Consultant Plus.
7. Sedykh V. A., Radchenko E. P., Vdovina A. N. Features of the rational use of agricultural land in the Russian Federation // Eurasian Law Journal. – 2023. – No. 4 (179). – P. 458-460.
8. Ministry of Agriculture of the Russian Federation. [Electronic resource]. – Access mode: https://mcx.gov.ru/(date of access 01.02.2025).
9. Evgeniya Rudakova “Vesti-Irkutsk”. [Electronic resource]. – Access mode: https://vk.com/away.php?to=https%3A%2F%2Fvestiirk.ru%2Fnews%2Fproby-pochvy-s-nezakonnoi-svalki-v-poselke-bozoi-ekhirit-bulagatskogo-raiona-otpravili-na-ekspertizu%2F&utf=1 (date of access: 31.01.2025).
10. Sedykh V. A., Radchenko E. P., Vdovina A. N. Agricultural lands in the penal system of the Russian Federation // Agrarian and land law. – 2023. – No. 4 (220). – P. 73-75.
11. Sagidovna D. B. Urgent tasks of state regulation of market turnover of land in the agricultural sector in the conditions of the North-West // Russian electronic scientific journal. – 2018. – No. 4 (30). – P. 59-68.
ECONOMY. LAW. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Social and cultural activities and pedagogy sub-faculty, Orel State Institute of Culture
CONCEPTUAL BASES FOR THE FORMATION OF THE CREATIVE ECONOMY ECOSYSTEM
In the post-industrial economy, where information and knowledge are the dominant resources, interest in the creative economy is growing every year. It can become the basis for sustainable development and provide competitive advantages for certain countries, regions and local communities. Based on intellectual property, creativity, and modern technologies, it creates new business models that stimulate innovation. The increasing interest in the ecosystem approach allows us to consider the creative economy through the interaction of its main elements, functioning as a whole and ensuring the achievement of common goals.
Keywords: sustainable development, creative economy, ecosystem, interaction, monetization, creativity.
Article bibliography
1. Order of the Government of the Russian Federation of September 20, 2021 No. 2613-r (as amended on October 21, 2024) On approval of the Concept for the development of creative industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030 [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_396332/ (date accessed: 20.02.2025).
2. Amelichkin A. V. Formation of students’ readiness for producing in the field of cultural industries // Economy and business: digital transformation and development prospects: materials of the International scientific and practical conference. In 2 volumes, April 14, 2022. – Moscow: Autonomous non-profit organization of higher education “Institute of Business and Design”, 2022. – P. 226-231.
3. Asadullina A. V., Vilkul N. A. Digital ecosystems: methodological foundations and structural transformation in Russia // Russian Economic Bulletin. – 2024. – Vol. 7, No. 1. – P. 358-370.
4. Busalova A. D. Creative cluster or creative business ecosystem? // Creative economy. – 2021. – Vol. 15, No. 11. – P. 4215-4224.
5. Golov R. S., Mylnik A. V. Analysis of the essence and main types of ecosystems in the economy and industry // Scientific works of the Free Economic Society of Russia. – 2024. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-suschnosti-i-osnovnyh-tipov-ekosistem-v-ekonomike-i-promyshlennosti (date of access: 20.02.2025).
6. Gorda O. S. Creative economy: theoretical foundations and features of functioning in the conditions of formation of a new economy // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Economics and management. – 2023. – Vol. 9, No. 2. – P. 24-37.
7. Guseva E. N., Limanovskaya V. R., Sobchishen A. S. Modern library as an element of the ecosystem of youth scientific creativity: substantiation of the concept // Education and cultural space. – 2024. – No. 4. – P. 169-183.
8. Morozov M. M. Digital ecosystems in the service economy // Service in Russia and abroad. – 2024. – Vol. 18, No. 2. – P. 29-37.
9. Pustynnikova E. V. Integration approach as a basis for the formation of an ecosystem in the context of a transitive economy // Bulletin of SUSU. – 2023. – Vol. 17, No. 3. – P. 99-107.
10. Radeeva A. A., Kharlamova U. D. Bank ecosystem as a platform for the implementation of digital technologies and optimization of business models // Bulletin of science. – 2023. – Vol. 5, No. 10 (67). – P. 119-127.
11. Simonova I. F. Ecosystem of creative industries: a model of complex project research // Creative industries of the region: experience, prospects, personnel training: abstracts of reports of the All-Russian scientific and practical conference, September 28-29, 2023. – St. Petersburg: St. Petersburg State Institute of Culture, 2023. – P. 32-33.
ECONOMY. LAW. SOCIETY
FEDOROVA Tatyana Vladimirovna
Ph.D. in historical sciences, associate professor of Russian as a foreign language sub-faculty, Institute of Philology, Foreign Languages and Media Communications, Irkutsk State University
SHAN Yuanxian
magister student of Russian as a foreign language sub-faculty, Institute of Philology, Foreign Languages and Media Communications, Irkutsk State University
ANALYSIS OF THE DEVELOPMENT AND PROSPECTS OF COOPERATION BETWEEN OIL AND GAS ENTERPRISES OF CHINA AND RUSSIA IN THE CONTEXT OF GLOBAL TRANSFORMATIONS
This article, based on the use of content and SWOT analysis, reveals the development and prospects for cooperation between oil and gas enterprises of the People’s Republic of China (PRC) and the Russian Federation in the context of global economic and political transformations. In the face of changing global energy markets, increased competition and the transition to sustainable energy sources, the key factors influencing bilateral relations in the oil and gas sector are examined. Particular attention is paid to strategic projects and investments joint in the field of exploration and production of hydrocarbons. The risks and challenges, including geopolitical tensions, are analyzed. In conclusion, the article offers recommendations for optimizing cooperation and increasing its effectiveness, emphasizing the importance of adapting to new conditions to ensure the energy security of both countries.
Keywords: China, Russian Federation, economic transformations, economic risks, oil and gas industry, oil, gas, investment, operating costs, oil giants, energy security, low-carbon transformation.
Bibliographic list of articles
1. Yang Yuxing, Yuan Zhuo, Long Tan. Study of ways to reduce oil and gas costs in a market economy // Business news. – Guangdong: Business News Publishing House, 2024. – P. 147-150.
2. Gao Xiangru Research on the Strategies of Oil and Gas Enterprises to Implement Innovations in Corporate Economic Management // China National Petroleum Corporation for Natural Gas Sales – Jiangsu. – Beijing: MODERN ENTERPRISE CULTURE Publishing House, 2024. – P. 53-56.
3. Luo Ahua Listed Oil and Chemical Companies Release 2021 Annual Report Results, Highlighting the Good Start of the Petrochemical Industry during the 14th Five-Year Plan Period. – Beijing: China Petroleum and Chemical Industry, 2022. – P. 49-52.
4. Luo Ping Operating Performance and Strategic Trends of Major International Oil Companies in 2022 // Sinopec Oil Exploration and Development Research Institute. – Beijing: China Petroleum and Chemical Industry Standards and Quality, 2022. – 71 p.
5. Feng Baoguo “Three Barrels of Oil” Made Money // China National Petroleum Corporation. – Beijing: China Petroleum and Petrochemical, 2021. – P. 38-39.
6. Xia Chuyang, Yu Ling, Li Suxiao, Huang Yingjia Adjustment and Reform of International Oil Companies – Analysis of Business Strategy Trends of Five Major International Oil Companies in 2023 // China National Petroleum Corporation, Institute of Economic and Technological Research, Branch of Jiangsu University PetroChina Kunlun Gas Co., Ltd. – Beijing: International Petroleum Economics, 2024. – P. 42-49.
7. Mo Bei Three Major Oil Companies Release 2014 Annual Results: Low Oil Prices Test Profitability // China National Petroleum Corporation. – Beijing, 2024. – P. 33-36.
8. China Natural Gas Development Report. – Beijing: Petroleum Industry Press, 2024. – 17 p.
9. Li Yueqing. Go Forward on a New Journey – A Brief Overview of the Achievements of the Petroleum and Petrochemical Industry in the Past 10 Years in the New Era // Focus Perspective. – Beijing, 2022. – 37 p.
10. Ding Weihao Strategic Analysis of China National Petroleum Corporation within the Framework of Harvard Analysis // China University of Petroleum. – Karamay, 2022. – pp. 92-93.
ECONOMY. RIGHT. SOCIETY
RZAEV Vidadi Yakhyaevich
postgraduate student of the 2nd course, Full-time Department, Moscow Financial and Industrial University “Synergy”
FORMATION AND DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF NON-CASH MONEY CIRCULATION
This article analyzes the process of formation and development of domestic legislation in the field of non-cash money circulation. Accordingly, primary attention is paid to the stages of evolution of the system of legal regulation of non-cash money circulation. In modern times, more and more advanced and convenient ways of non-cash money circulation are emerging. At the same time, when determining promising areas of improvement in a particular area, research, analysis and consideration of existing experience become fundamentally important. Accordingly, in such conditions, the analysis of the formation and development of the legal regulation system in this area is important.
Keywords: money circulation, non-cash funds, domestic legislation.
Article bibliography
1. Alekseeva O. M. On the category of “electronic money” // Law and Business. – 2022. – No. 4. – P. 32-40.
2. Belov V. A. Practice of bill of exchange law: textbook. – Moscow, 1998. – 273 p.
3. Budylin S. L. Money: economic function and legal nature // Bulletin of economic justice of the Russian Federation. – 2023. – No. 7. – P. 121-164.
4. Vavilova E. M. Formation of Russian legislation in the field of non-cash money circulation: historical and philosophical analysis // Philosophy of Law. – 2020. – No. 1 (92). – P.80-84.
5. Deryugina T. V. Problems of determining the legal nature of digital currency // Bulletin of Perm University. Legal sciences. – 2024. – No. 2. – P. 274-288.
6. Dolgikh F. I. History of the domestic state and law: for students of secondary vocational education studying in legal specialties: textbook. – 2nd ed., revised. and add. – Moscow: Moscow Financial and Industrial University “Synergy”, 2021. – 296 p.
7. Ilovaisky I. B. Letter of credit as a form of non-cash payments: dis. … candidate of legal sciences. – Volgograd, 2001.
8. Koroleva N. V., Fedenkova A. S. Evolution of the main approaches to the theory of the origin of money // Problems of market economy management: interregional collection of scientific papers. Tomsk. – 2015. – V. 1. – P. 123-128.
9. Pokachalova E. V., Gudkova M. V. Monetary system of the Russian Federation: digital innovations and their impact on the legal capacity of participants in financial relations // Banking law. – 2021. – No. 1. – P. 26-34.
10. Savinskaya N. A., Pivovarov V. V., Smirnova N. I. From the history of the formation and development of the payment system in Russia // Problems of modern economy. – 2010. – No. 19. – 476-479.
11. Sarnakova A. V., Zhizhin N. S. Issues of the relationship between non-cash money, electronic money and the digital ruble // Jurist. – 2022. – No. 5. – P. 26-33.
12. Yuzvovich L. I., Maramygin M. S., Knyazeva E. G. Finance, money circulation and credit: textbook. – Ekaterinburg: Publishing house of the Ural. federal. University, 2019. – 355 pp.
PHILOSOPHY. RIGHT. SOCIETY
ANISIMOVA Valentina Antonovna
Ph.D. in pedagogical sciences, associate professor of Engineering business and management sub-faculty, Ryazan Institute (branch), Moscow Polytechnic University
ANISIMOVA Anna Mikhaylovna
Ph.D. in Law, associate professor of Legal disciplines department, Moscow Financial and Industrial University “Synergy”
FROLOVA Svetlana Vladimirovna
Ph.D. in economical sciences, associate professor of Engineering business and management sub-faculty, Ryazan Institute (branch), Moscow Polytechnic University
ZOTOVA Karina Valerjevna
Ph.D. in sociological science, associate professor of Philosophy and history sub-faculty, Academy of FPS of Russia
KAREEVA Irina Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty, Academy of the FPS of Russia
ABOUT SOME ASPECTS OF THE CURATOR’S WORK IN FORMING THE VALUE ORIENTATIONS OF FIRST YEAR STUDENTS
This article identifies certain problems in the work of a student group curator. As an effective factor in the formation of value orientations, the directions and extracurricular forms of educational work, the content of which contains the meaning of philosophical categories of moral values, are presented in practical terms.
The novelty is also manifested in the fact that, as a mechanism for a curator’s successful work with a student group, the authors propose a variety of formats, new ideas for communication and interaction with first-year students.
Keywords: teacher-curator, value orientations, socialization, philosophical categories, extracurricular activities.
Article bibliography
1. Anisimova V. A. On some aspects of the work of a student group curator / VII International scientific and practical conference of teachers, young scientists and students // Economic and social-humanitarian problems of our time. Ryazan, 2024.
2. Volkogonova O. D. Ideas of modern university youth about the future. Moscow: Mir Rossii, 2002. No. 4. P. 157-178.
3. Kareeva I. V., Zotova K. V., Anisimova V. A. The problem of forming moral culture among young people studying in higher educational institutions as one of the components of cultural socialization // Society: sociology, psychology, pedagogy. 2024. No. 1. P. 23-29. https://doi.org/10.24158/spp.2024.1.2
4. Nikitina V. V., Kutsaya A. Yu., Salun S. N. On the problem of supervision in a modern university // Modern problems of science andeducation. 2019
5. Rasskazova A. V. Self-realization of the student’s personality. M.: Specialist, 2000. No. 11. Pp. 24-28.
6. Smirnov S. D. Training and education in higher education. M., 2001. Pp. 134.
PHILOSOPHY. LAW. SOCIETY
BELKIN Vasiliy Vladimirovich
lecturer of Philosophy sub-faculty, Perm State National Research University
ON THE ISSUE OF LAW IN A POST-CAPITALIST SOCIETY
The article examines the problem of the origin of law and the state in the context of the scientific theory of the historical process, based on the dialectic of historically developing (unfolding) contradictions between the individual and generic essence of man. The periodization of human history is applied, subdivided into three eras or “large formations”. Law at these stages of development exists accordingly: being included in the mononorm; in the form of an alienated (perverted) form of law; the law of a society that has overcome alienation. Based on Marxist methodology, an assumption is made about the form of a possible transformation of law and social regulation in a post-capitalist society.
Keywords: origin of law, state, legal norm, alienation, mononorm, post-capitalism, crisis, politics.
Article bibliography
1. Alekseev V. P., Pershits A. I. History of primitive society. – Moscow, 2001.
2. Bell D. The coming post-industrial society. Experience of social forecasting. – Moscow: Academia, 2004.
3. The Great Soviet Encyclopedia, in 30 volumes. – 3rd ed. – Moscow: Soviet. encyclopedia, 1969 – 1986.
4. Buzgalin A. V. Exploitation of creative activity: intellectual rent as a (perverse) form of appropriation of universal cultural wealth by capital // Alternatives. – 2011. – No. 4.
5. Koryakin V. V., Orlov V. V. Labor, value, property in modern society: philosophical analysis // Bulletin of the Vyatka State Humanitarian University. – 2010. – Issue No. 4, Volume 4.
6. Koryakin V. V. Value and its forms. Value relations in post-industrial society // New ideas in philosophy. – Issue. 18. Actual problems of scientific philosophy: in 2 volumes. – Perm, 2009. – Vol. 1.
7. Lenin V. I. Letter to A. M. Gorky in November 1913 // Lenin V. I. Complete works. – Vol. 48.
8. Marx K. Capital. Vol. 3 // Marx K., Engels F. Works. 2nd ed. – Vol. 25, Part 1. – Moscow, 1962.
9. Musaelyan L. A. Scientific theory of the historical process: formation and essence / 2nd ed., revised. and enlarged. – Perm: Perm University Publishing House, 2011.
10. Orlov V. V., Vasilyeva T. S. Labor and socialism. – Perm: Perm University Press, 1991.
11. Orlov V. V., Vasilyeva T. S. Philosophy of Economics / 3rd ed., revised and enlarged. – Perm: Perm State National Research University, 2013.
12. Orlov V. V. Fundamentals of Philosophy. Part One. General Philosophy. – Issue 1: Textbook / 3rd ed., revised and enlarged. Perm University. – Perm. 2001.
13. Pershits A. I. Problems of Normative Ethnography // Studies in General Ethnography. – Moscow: Nauka, 1979.
14. Polyakov A. V. General Theory of Law: Problems of Interpretation in the Context of the Communicative Approach: Lecture Course. – St. Petersburg, 2004.
15. Porshnev B. F. Periodization of the world-historical process in Hegel and Marx // Philosophical sciences. – 1969. – № 2.
16. Filipson M. Phenomenological philosophy and sociology // New directions in sociological theory. – Moscow, 1978.
PHILOSOPHY. LAW. SOCIETY
KORYAKINA Anzhelina Anatoljevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty, M. K. Ammosov North-Eastern Federal University, Yakursk
THE CONCEPT OF “CULTURE” IN THE NATIONAL-CIVILIZATIONAL ASPECT
The article examines the concept of “culture” through the prism of the national-civilizational aspect. The main problems in the key of the relationship between culture and civilization, culture and nation, as well as the role of culture in the formation of a nation and civilization are analyzed. In-depth attention is paid to the interaction between culture and socio-political processes. It is concluded that the concept of “culture” in the context of the national-civilizational perspective is highly complex and multidimensional one. Culture not only illustrates the uniqueness of each nation, but also functions within the broader context of civilizational transformations. In modern times, culture requires a new understanding to ensure the preservation and development of cultural traditions. Continuing research in this area will be an important step in deepening the understanding of the interdependencies between culture, nation and civilization.
Keywords: culture, civilization, nation, activity, identity.
Article bibliography
1. Kirilenko G. G. Brief philosophical dictionary: 288 concepts, 156 persons. – M.: AST, 2010. – 479 p.
2. Lurye S. V. Historical Ethnology. – M.: Gaudeamus, 2004. – 624 p.
3. Fedotova V. G. Modernization and Culture. – M.: Progress-Tradition, 2016. – 336 p.
4. Kendall G., & Wickham G. Understanding Culture: Cultural Studies, Order, Ordering (Theory, Culture and Society). – Newcastle: Sage, 2001. – 192 p.
5. Pieterse J. Globalization and Culture: Global Melange. – Lanham, Maryland: Rowman & Littlefield Publishers, 2009. – 149 p.
PHILOSOPHY. RIGHT. SOCIETY
KUGAI Alexander Ivanovich
Ph.D. in philosophical sciences, professor of State and municipal management sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
ETHICAL LEADERSHIP IN A MULTI-DOMAIN PERSPECTIVE: A RESEARCH MODEL
Aim. To present a model of the domain approach to the study of ethical leadership.
Tasks. To develop a model for researching leadership in a multi-domain dimension, focusing on leader behavior both at work and with friends/family.
Methods. Methods of systematic and structural-functional analysis.
Results. 1. The structure of the domain approach to understanding and explaining ethical leadership lies in answering two research questions: 1) What are the conditions for analyzing ethical leadership in (a) the work sphere and (b) personal life (family and friends), 2) What is the operational level of the conditions for analyzing cognitive and affective trust in (a) the work sphere and (b) family and friendly relationships.
Conclusions. 1. Trust in a leader is a solid and sustainable result of consistent ethical leadership. 2. Consistent ethical leadership is the sum of the high ethical leadership qualities demonstrated by a leader in the domains of work, family, and friendships.
Keywords: ethical leadership, multi-domain leadership, levels of ethical leadership analysis, affective trust, cognitive trust.
Bibliographic list of articles
1. Kugai A.I. Head of the municipal administration: vectors of leadership influence // Management consulting. – 2024. – No. 1. – P. 10-22.
2. Kugai A. I. Home space as a sociological category / Sustainable development strategies: economic, legal and social aspects: monograph. – Cheboksary: ID “Sreda”, 2023. – P. 159-169.
3. Kugai A. I. Non-governmental approach to service leadership // Actual issues of humanitarian and social sciences: from theory to practice: materials of the All-Russian scientific and practical conf. with international. part. (Cheboksary, January 19, 2023). – Cheboksary: ID “Sreda”, 2023. – P. 53-55.
4. Kugai A. I. The concept of human dignity: positions of vision / Modern challenges of education and psychology of personality formation: monograph / T. E. Demidova, G. A. Volkovitskaya, K. V. Kulemina [et al.]; ed.-in-chief Zh. V. Murzina, Chuvash Republican Institute of Education. – Cheboksary: Sreda, 2023. – P. 156-165.
5. Bedi A. C., Alpaslan M., & Green S. A meta-analytic review of ethical leadership outcomes and moderators // Journal of Business Ethics. – 2016. – No. 139 (3). – P. 517-536.
6. Bleidorn W., & Denissen J. Virtues in action – The new look of character traits // British Journal of Psychology. – 2015. – No. 106. – P. 700-723.
7. Bormann K. C., Poethke U., Cohrs C., & Rowold J. Doing bad through being selective in doing good: The role of within-unit variability in ethical leadership // European Journal of Work and Organizational Psychology. – 2018. – No. 27 (6). – pp. 683-699.
8. Brett J. F., & Atwater L. E. 360 feedback: Accuracy, reactions, and perceptions of usefulness // Journal of Applied Psychology. – 2018. – No. 6 (5). – pp. 930-942.
9. Brown M. E., Treviño L. K., & Harrison D. Ethical leadership: A social learning perspective for construct development and testing // Organizational Behavior and Human Decision Processes. – 2005. – No. 97. – No. 117-134.
10. Chughtai A., Byrne M., & Flood B. Linking ethical leadership to employee well-being: The role of trust in supervisor // Journal of Business Ethics. – 2015. – No. 128 (3). – pp. 653-663.
11. Courtright S. H., Gardner R. G., Smith T. A., McCormick B. W., & Colbert A. E. My family made me do it: A cross-domain, self-regulatory perspective on antecedents to abusive supervision // Academy of Management Journal. – 2016. – No. 59 (5). – S. 1630-1652.
12. Dansereau F., Alutto J. A., & Yammarino F. J. Theory testing in organizational behavior: The variable approach. – Prentice Hall, 1984.
13. De Hoogh A. H. B., & Den Hartog D. N. Ethical and despotic leadership relationships with leader’s social responsibility, top management effectiveness and subordinates’ optimism: A multimethod study // The Leadership Quarterly. – 2008. – No. 19. – P. 297-311.
14. Hammond M., Clapp-Smith R., & Palanski M. Beyond (just) the workplace: A theory of leader development across multiple domains // Academy of Management Review. – 2017. – No. 42 (3). – pp. 481-498.
15. Hannah S. T., Thompson R. L., & Herbst K. C. Moral identity complexity: Situated morality within and across work and social roles // Journal of Management. – 2018. – No. 46 (5). – pp. 726-757.
16. Hoch J. E., Bommer W. H., Dulebohn J. H., & Wu D. Do ethical, authentic, and servant leadership explain variance above and beyond transformational leadership? A meta-analysis // Journal of Management. – 2018. – No. 44 (2). – pp. 501-529.
17. Eisenbeiss S. A., van Knippenberg D., & Fahrbach C. M. Doing well by doing good? Analyzing the relationship between CEO ethical leadership and firm performance // Journal of Business Ethics. – 2015. – No. 128 (3). – pp. 635-651.
18. Eisenbeiß S. A., & Giessner S. R. The emergence and maintenance of ethical leadership in organizations // Journal of Personnel Psychology. – 2012. – No. 11 (1). – P. 7-19.
19. Klein K. J., Dansereau F., & Hall R. J. Levels issues in theory development, data collection, and analysis // Academy of Management Review. – 1994. – No. 19 (2). – pp. 195-229.
20. Lee A., & Carpenter N. C. Seeing eye to eye: A meta-analysis of self-other agreement of leadership // The Leadership Quarterly. – 2018. – No. 29 (2). – pp. 253-275.
21. Liao Y., Liu X. Y., Kwan H. K., & Li J. Work–family effects of ethical leadership // Journal of Business Ethics. – 2015. – No. 128 (3). – pp. 535-545.
22. Magalhães A., dos Santos N. R., & Pais L. Multi-source research designs on ethical leadership: A literature review // Business and Society Review. – 2019. – No. 124 (3). – pp. 345-364.
23. Newstead T., Dawkins S., Macklin R., & Martin A. 2021 We don’t need more leaders – We need more good leaders. Advancing a virtues-based approach to leader (ship) development // The Leadership Quarterly. – 2021. – 32, 101312.
24. Palanski M. E., & Yammarino F. J. Impact of behavioral integrity on follower job performance: A three-study examination // The Leadership Quarterly. – 2011. – No. 22 (4). – pp. 765-786.
25. Riggio R. E., Zhu W., Reina C., & Maroosis J. A. Virtue-based measurement of ethical leadership: The Leadership Virtues Questionnaire // Consulting Psychology Journal: Practice and Research. – 2010. – No. 62 (4). – pp. 235-250.
26. Simons T., Leroy H., Collewaert V., & Masschelein S. How leader alignment of words and deeds affects followers: A meta-analysis of behavioral integrity research // Journal of Business Ethics. – 2015. – No. 132 (4). – pp. 831-844.
27. Yang J., & Mossholder K. W. Examining the effects of trust in leaders: A bases-and-foci approach // The Leadership Quarterly. – 2010. – No. 21 (1). – P. 50-63.
28. Yammarino F. J., Dionne S. D., Chun J. U., & Dansereau F. Leadership and levels of analysis: A state-of-the-science review // The Leadership Quarterly. – 2005. – No. 16 (6). – pp. 879-919.
29. Yammarino F. J., & Bass B. M. Transformational leadership and multiple levels of analysis // Human Relations. – 1990. – No. 43 (10). – pp. 975-995.
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKOVA Tatyana Leonidovna
Ph.D. in philosophical sciences, associate professor of Philosophy, sociology and history sub-faculty, Russian Open Transport Academy (MIIT)
DEMOCHKIN Andrey Vasiljevich
Ph.D. in historical sciences, associate professor of Management and municipal governance sub-faculty, Smolensk Institute of Economics, St. Petersburg University of Management Technologies and Economics
PHILOSOPHICAL FOUNDATIONS FOR THE FORMATION OF INFORMATION CULTURE AS A BASIS FOR THE SECURITY OF SOCIETY
The article considers the problems of information culture formation in the conditions of digitalization of society. Approaches to the consideration of the concept of information culture are shown and analyzed, its structural components and levels are revealed. The purpose of the study is to analyze the role and place of information culture in achieving information security of an individual and society in modern conditions, as well as in the educational process. The author defines the levels of personal information culture and concludes about the continuity of the process of its formation.
Keywords: information society, informatization, digitalization, information technology, information culture, information security.
Bibliographic list of articles
1. Valeeva G. V. Social and philosophical foundations of digitalization of higher education in the context of the formation and development of the digital society // Context and reflection: philosophy about the world and man. – 2023. – Vol. 12, No. 1A. – P. 151-157.
2. Polyakova G. V. The phenomenon of information culture in modern society // Power. – 2013. – No. 10. – P. 83-84.
3. Popova M. V. Interaction of information and pedagogical technologies in the formation of the information culture of students. – Nevinnomyssk: NGGTI, 2008. – 160 p.
4. Toffler E. Shock of the future. – M.: AST, 2001. – 230 p.
PHILOSOPHY. LAW. SOCIETY
LOZINSKIY Nikolay Nikolaevich
Vice-rector, South-Western State University, Kursk
SOCIO-PHILOSOPHICAL EXPLICATION OF THE CONCEPT OF EURASIAN INTEGRATION
The article analyzes various socio-philosophical foundations of the conceptualization of integration processes in the space of Eurasia. In the context of the implementation of various political, economic and cultural projects, the influence of the Eurasian idea is traced, its capabilities and boundaries are shown in understanding the global changes that characterize the situation of the modern world. The concept of Eurasian integration is being analyzed from the point of view of an interdisciplinary approach, the main approaches to its inclusion in the subject-disciplinary fields of various socio-humanitarian sciences, such as sociology, economics, political science, and jurisprudence, are distinguished. Specific theoretical grounds for socio-philosophical reflection on the concept of Eurasian integration are identified and described.
Keywords: Eurasian integration, interdisciplinarity, globalization, civilization, social changes.
Article bibliography
1. Vetrenko I. A. Eurasian integration as a strategic choice of Russia // Eurasian integration: economics, law, politics. – 2020. – No. 1 (31). – P. 78-83.
2. Valovaya M. D. Eurasian integration: from theory to practice / Greater Eurasia: development, security, cooperation. Yearbook. Editor-in-Chief V. I. Gerasimov, 2018. – P. 49-53.
3. Valovaya M. D. Foreign trade policy of integration associations in conditions of turbulence // International trade and trade policy. – 2018. – No. 2 (14). – P. 3.
4. Kofner Yu. Yu. Theory of Eurasian integration. II. – [Electronic resource]. – Access mode: https://russiancouncil.ru/blogs/GreaterEurasia/teoriya-evraziyskoy-integratsii-ii/
5. Przhilensky V. I. Ontological prerequisites for the cognition of social reality. – Stavropol, 1998. – 199 p.
6. Pedersen T. Cooperative hegemony: power, ideas and institutions in regional integration // Review of International Studies. – 2002. – No. 28. – P. 677-696.
7. Przhilenskiy V., Zakharova M. Which Way is the Russian Double-headed Eagle Looking? // Russian Law Journal. – 2016. – T. 4, No. 2. – P. 6-25.
PHILOSOPHY. RIGHT. SOCIETY
RUBANTSOVA Tamara Antonovna
Ph.D. in philosophical sciences, professor, professor of Legal and social sciences sub-faculty, Siberian State University of Geosystems and Technologies, Berdsk
SOTNIKOVA Elena Vyacheslavovna
Ph.D. in historical sciences, associate professor, Head of Legal and social sciences sub-faculty, Siberian State University of Geosystems and Technologies, Berdsk
FORMATION OF NATURAL LAW IN THE PHILOSOPHICAL TRADITION OF ANTIQUITY
The article is devoted to the analysis of the formation of natural law theories in antiquity. This approach is due to the fact that at present the concept of natural law, on the one hand, is the most popular among researchers, on the other hand, it has not been sufficiently studied. There are many scientific approaches in modern philosophy of law regarding the origin of natural law concepts. When analyzing this phenomenon, they turn to the age of Enlightenment, which is a tradition of scientific research in the study of this concept. But it should be noted that in the era of antiquity, the first philosophical theories, considering natural law, filled it with a broader philosophical meaning than in the age of Enlightenment. The concept of natural law, developed by Enlightenment thinkers, was prepared by the philosophy of antiquity, and by such as Socrates, Plato, Aristotle, Cicero, and many others. The object of research is the philosophy of law, the subject of research is the origins of natural law in the philosophical and legal concepts of antiquity. The research methods are dialectical, historical, methods of comparison and abstraction.
Keywords: natural law, justice, philosophy of law.
Article bibliography
1. Chemurzieva E. M. Natural and positive understanding of law in ancient philosophy // Society. Philosophy. Culture. – 2021. – No. 5. – P. 168.
2. Cicero M. T. On the state. – M.: AST, 2022. – P. 39.
3. Cicero Philosophical treatises. – M.: Nauka, 1985. – P. 72.
PHILOSOPHY. RIGHT. SOCIETY
SUKHORUKOVA Nadezhda Vladilenovna
Head of the art department of the Boarding College “Arts Center for gifted children of the North”, Khanty-Mansiysk
VIRGIN MARY SYMBOLISM IN THE FORMATION OF TOBOLSK MONASTERIES
The image of the Mother of God, embodied in the temple dedication and venerationion of local miraculous images, is an important part of the spiritual development of Siberia. Tobolsk, as the spiritual center of Siberia, played a major role in the spread of Orthodoxy in the newly annexed lands. In the history of three monasteries – Tobolsk Znamensky, Abalaksky Znamensky and Tobolsk Ioanno-Vvedensky, axial events from the beginning of the 17th to the beginning of the 20th century were revealed, which became the cultural and spiritual trigger for the formation of the Theotokos cult in Siberia as the basis of the Sophia mythologeme. This was reflected not only in the spiritual dedication of monasteries, but also in the votive construction of monastery churches, the formation of legends about the miraculous icons of the Mother of God. The peculiarity of the formation of Christian history in Siberia was that its events occurred during the period of European rationalism and enlightenment.
Keywords: Siberia, Tobolsk, sacred space, Mother of God cult, monastery, miraculous icon.
Article bibliography
1. Abramov N. A. Materials for the history of Christian education of Siberia, from the time of its conquest in 1581, until the beginning of the 19th century. – St. Petersburg, 1854. – 41 p.
2. Berezina N. Abalatsky Monastery and the miraculous icon of the Sign of the Mother of God. – Kazan, 1848.
3. Bulgakov S. N. The Unfading Light. – M.: Respublika, 1994.
4. Butsinsky P. Opening of the Tobolsk Diocese and the First Tobolsk Archbishop Cyprian. – Kharkov, 1896.
5. Venedict. Description of the Tobolsk Znamensky Monastery // Tobolsk Provincial Gazette. – 1859. – No. 12-14.
6. G[olovin, P.] Historical Essays on the Existing Monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1890 / Publ. Tobolsk Provincial Type. – 3rd City. – Tobolsk: Tobolsk Provincial Type, [1889]. – P. 20-42.
7. G[olovin, P.] Historical essays on currently existing monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1891 – Tobolsk: Tobolsk provincial type., 1890. – Pp. 75-97.
8. Historical essays on currently existing monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1892 (leap period) / Publ. Tobolsk provincial type. – G. 5th.- Tobolsk: Tobolsk provincial type., 1891. – Pp. 38-106.
9. Historical essays on currently existing monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1892 (leap period) / Publ. Tobolsk provincial type. – G. 5th. – Tobolsk: Tobolsk gubernia type., 1891. – Pp. 38-106, [2 pag.].
10. Eliseev E. Ioanno-Vvedensky Monastery in the City of Tobolsk // TEV. – 1902. – No. 13.
11. Nestor, hieromonk. Orthodoxy in Siberia: (Source essay): In memory of the founding of the Kamchatka Orthodox Brotherhood in the name of the Not-Made-by-Hands Image of the All-Merciful Savior… from the Kamchatka missionary, hieromonk Nestor. – St. Petersburg: Otech. type., 1910. – Pp. 4-5.
12. Novgorod First Chronicle. – M.: Publishing house of the USSR Academy of Sciences, 1950.
13. Sukhorukova N. V. Monuments of religious architecture of Tobolsk and tourism development / Oil and gas: technologies and innovations / Proceedings of the National scientific and practical conference. In 3 volumes. Volume III. Editor-in-chief N. V. Gumerova. – Publishing house: Tyumen Industrial University (Tyumen). – 2020. – Pp. 216-218.
14. Florovsky G., Archpriest. Paths of Russian theology. – Paris: YMCA-PRESSС, 1937 – P. 58.
PHILOSOPHY. LAW. SOCIETY
TRIFONOVA Tatyana Leonidovna
Ph.D. in philosophical sciences, associate professor of Philosophy and history sub-faculty, Academy of the FPS of Russia
BROVKINA Alexandra Alexeevna
Ph.D. in Law, associate professor of Philosophy and history sub-faculty, Academy of the FPS of Russia
THE CONCEPT OF “MOTHERLAND” IN THE STRUCTURE OF THE VALUE CONSCIOUSNESS OF MODERN YOUTH
The scientific article discusses the formation of the concept of Motherland in the structure of the value consciousness of modern youth. The author determined that the formation of the Motherland concept goes through a number of stages: from the initial stage of forming a feeling of love for one’s surroundings in the primary social environment to a sense of duty and responsibility to the “Big Motherland”. The determining condition for the successful sequential passage of these stages, according to the author, is a stable system of traditional values formed in society. The author conducted a sociological survey using a questionnaire among students studying at universities in Ryazan, on the basis of which he came to the conclusion that the formation of the concept “Motherland” in the structure of consciousness of modern youth in its full, undistorted value content is the key to successful existence and development of Russian civilization.
Keywords: traditional values, patriotism, Homeland “mine”, Homeland “ours”, Motherland, people.
Bibliographic list of articles
1. Gimik D. V., Gugacheva T. O., Lyulyaeva N. A.The concepts of Motherland, small homeland and home in the minds of Russians // The image of the Motherland: content, formation, actualization: materials of the V International scientific conference, April 23, 2021. – Moscow: Institution of higher education “Moscow Art and Industry Institute”, 2021. – P. 109-114.
2. Esmurzaeva Zh. B. The value component of the lexical-semantic field of the concept HOMELAND (according to the experimental data) // Bulletin of Omsk University. – 2010. – No. 4. – P. 199-204.
3. Leskinen M. V. Images of the country and peoples of the Russian Empire in textbooks for primary schools of the second half of the 19th century: forms of representation of ethnicity // Domestic and foreign pedagogy. – 2012. – No. 4. – P. 92-117.
4. Makarova O. V. The image of the homeland as a symbol of the education of a younger student // The symbol of childhood in politics: from the Cold War to the present / Ed. T. B. Ryabova, O. V. Ryabov. – St. Petersburg: Publishing house of the Herzen State Pedagogical Univ. – 2019. – P. 57-58.
5. Solovieva A. N., Solovieva T. A. Symbolism of the family in the structure of social ideas of Russians about the Motherland // Labyrinth. – 2015. – No. 1. – P. 113-125.
6. Chikaeva T. A. Analysis of approaches to the definition of the concept of “Homeland” // Bulletin of the Vyatka State University. – 2018. – No. 2. – P. 40-49.
PHILOSOPHY. RIGHT. SOCIETY
SHAKIROVA Guzel Fanilevna
master of cultural studies, leading specialist of the educational department, Institute of Humanities and Social Sciences, Ufa University of Science and Technology
THE BENEFITS OF IMPLEMENTING THE PRINCIPLES OF SOLIDARITY IN THE MODERN WORLD
The article discusses the advantages of implementing the principles of solidarity in the modern world. It is shown that the principles of solidarity can lay the foundation for the formation of values for future generations of humanity. These values will help them actively participate in building a fair, free and harmonious world, a world without wars and violence, «double standards». Today, joint efforts are needed (by states, society, public organizations, social institutions and each person) so that these principles are preserved in the socio-cultural practice of the modern world.
Keywords: solidarity, solidarity relations, culture of peace, value orientations, conflict, conflict relations, war, violence, arms race, “subhuman” state, evolution of humanity.
Article bibliography
1. Adams D. History of the concept of a culture of peace // Culture of peace and democracy. – 1997. – P. 30.
2. Baksansky O. E. Irreparable losses of the Second World War // Philosophy of war and peace. On the 70th anniversary of the Great Victory. – M.: RFO, OOO “SiDiPressArt”, 2016. – P. 255.
3. Barlybaev H. A. Solidarology. Philosophy of Solidarity. – Ufa: Kitap, 2016. – P. 29-37.
4. Guseinov A. A. Great Moralists. – M., 1995. – P. 8.
5. Oleynikov Yu. V. Mature Society: Problem, Reality, Prospects. – M., 2010. – P. 383.
6. Frank R. Darwinian Economics. Freedom, Competition, and the Common Good. – M.: Publ. Gaidar Institute, 2013. – pp. 117-118.
PHILOSOPHY. RIGHT. SOCIETY
SHCHERBAKOVA Mariya Pavlovna
Ph.D. in sociological sciences, Head of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
ALEXANDRINA Natalya Mikhaylovna
Ph.D. in Law, associate professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
PARILOV Oleg Viktorovich
Ph.D. in Law, professor, professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
TRADITION – MODERNITY – POSTMODERNITY: THE PATH FROM SACRED ABSOLUTE ETHICS TO MORAL NIHILISM
The article examines the transformation of ethical attitudes in the process of progressive change of three historical paradigms: tradition, modernity, postmodernity. In the era of tradition, moral constants were interpreted as absolute, since they had a transcendental justification. The New Age, having rejected the divine foundations of being, thereby annihilated absolute morality, allowing an imperfect person to develop moral criteria. Postmodernity, bringing the New Age attitudes to a logical conclusion, is the embodiment of moral nihilism. Interpreting moral prescriptions as a totalitarian dictatorship, postmodernist authors put forward a thesis about a modern world without morality. The idea of a transhuman, a posthuman is a logical result of the gradual loss of identities: religious, state, social, family, sexual and, finally, human. Western civilization is at the forefront of establishing a postmodern society, while Russia, in opposition to the West, has taken a course towards establishing and protecting traditional morality.
Keywords: tradition, modernity, postmodernity, ethics, morality, ontology and post-ontology, anthropology, the idea of the posthuman, civil liberties and dictatorship, preservation of traditional values, moral relativism.
Article bibliography
1. Weber M. Selected Works. Protestant Ethic and the Spirit of Capitalism. – 4th ed. / Comp. Yu. N. Davydov. – M.; St. Petersburg: Center for Humanitarian Initiatives, 2017. – 656 p.
2. Hobbes T. Leviathan, or the Matter, Form, and Power of the Ecclesiastical and Civil State. [Electronic resource]. – Access mode: http://www.civisbook.ru/files/File/Gobbs.Leviafan.pdf (date accessed: 02/04/2025).
3. Deleuze J. On the Death of Man and the Superman. [Electronic resource]. – Access mode: http: www.gumer.info (date accessed: 02/04/2025).
4. Kocherov S. N., Parilov O. V. Philosophy of the Russian Idea: monograph. – M .: Publishing House “Russian Philosophy”. – 300 p.
5. Kocherov S. N., Parilov O. V., Kondratiev V. Yu. Philosophy of the Russian Idea. – N. Novgorod: Minin University, 2018. – 288 p.
6. Nietzsche F. Works. in 2 volumes. – M.: “Mysl”, 1990. – V. 1. – 833 p.
7. Decree of the President of the Russian Federation of 09.11.2022 No. 809 “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values”. [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/48502 (date of access: 04.02.2025).
8. Fromm E. Escape from freedom. Man for himself / Transl. from English. – M.: AST; AST MOSCOW, 2006. – 571 p.
9. Foucault M. On transgression // Thanatography of Eros. Georges Bataille and French thought of the mid-twentieth century. – St. Petersburg, 1994. – P. 271-308.
10. Foucault M. Words and things. Archaeology of the humanities. – St. Petersburg: A-cad, 1994. – 408 p.
11. Fukuyama F. The End of History and the Last Man / Translated from English by M. B. Levin. – Moscow: Publishing House ACT: Polygraphizdat, 2010. – 588 p.
12. Chernyak N. A. Morality in the Postmodern Era // Bulletin of the Ural State University of Railway Engineering. – 2014. – No. 4 (24). – P. 76-82.
PHILOSOPHY. LAW. SOCIETY
VALINSKIY Bogdan Vasiljevich
postgraduate student of Historical faculty, V. P. Astafjev Krasnoyarsk State Pedagogical University
PHILOSOPHICAL UNDERSTANDING OF THE FORMATION OF THE LATE MODERN MILITARY SYSTEM: THE EXAMPLE OF FRANCE
The article presents an understanding of the formation of the military system of late Modernity from the standpoint of social philosophy. It is shown that in the period of the XVI-XVIII centuries, there was an accumulation of not only technological, but also cultural and social potential for the emergence of a new form of military system. The introduction of universal military service in France has led to increased militarization of society as a whole, and therefore the main philosophical meanings of the new set of measures to influence the population have been revealed. The methodological basis of the research was the concepts of Michel Foucault and Slavoj Zizek.
Keywords: war, military system, French Revolution, M. Foucault, S. Zizek, social transformations, ideology.
Article bibliography
1. Gobozov I. A. Social Philosophy: a textbook for universities. – 2nd ed. – Moscow: Academic Project, 2010. – 352 p.
2. Zizek S. Event. Philosophical Journey through the Concept / S. Zizek; [translated from English by D. Ya. Khamis]. – M.: RIPOL classic, 2019. – 240 p.
3. Mayer K. J. Napoleon’s soldiers: everyday life of the Great Army (Abstract) // The Patriotic War of 1812 in modern historiography. – 2012. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soldaty-napoleona-povsednevnost-velikoy-armii-referat (date of access: 10.01.2025).
4. Münkler G. Fragments of war: The evolution of violence in the 20th and 21st centuries / Translated from German by A. I. Loskutova. – M.: Kuchkovo pole, 2018. – 384 p.
5. Sidorenko I. N. Philosophy of violence: from metaphor to concept. – Minsk: BSU, 2017. – 175 p.
6. Seregin A. A. Antinomy of war in the philosophy of inequality of N. A. Berdyaev // Eurasian Law Journal. – 2022. – No. 11. – P. 398-399.
7. Salikhov G. G., Rasskazov L. D. Mental war in the context of globalization: philosophical analysis of crisis processes of society // Eurasian Law Journal. – 2021. – No. 6. – P. 518-519.
8. Sterkhov D. V. King, fatherland and the Prussian nation: state patriotism in Prussia during the Liberation Wars (1813-1815) // Magistra Vitae: electronic journal on historical sciences and archeology. – 2017. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/korol-otechestvo-i-prusskaya-natsiya-gosudarstvennyy-patriotizm-v-prussii-v-gody-osvoboditelnyh-voyn-1813-1815-gody (date of access: 11.01.2025).
9. Forrest A. Beyond the Edge of the Battlefield. Life of the Military During the Revolutionary and Napoleonic Wars / Translated from English by A. Yu. Tereshchenko. – M .: Politicheskaya encyclopedia, 2022. – 280 p.
10. Foucault M. Security, territory, population. Course of lectures delivered at the Collège de France in the 1977-1978 academic year / Translated from French by V. Yu. Bystrov, N. V. Suslova, A. V. Shestakova. – St. Petersburg: Nauka, 2011. – 544 p.
11. Foucault M. Supervise and Punish: The Birth of Prison. – Moscow: Ad Marginem Press, 2018. – 416 p.
12. Chudinov A. V. French Revolution: History and Myths / Institute of General History of the Russian Academy of Sciences. – M.: Nauka, 2007. – P. 310.
PHILOSOPHY. RIGHT. SOCIETY
KOSHMAN Nikolay Anatoljevich
competitor of Philosophy, political science and theology sub-faculty, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
PHILOSOPHY OF ARTIFICIAL INTELLIGENCE IN THE MODUS OF ETHICAL SAFETY (ON THE EXAMPLE OF EDUCATIONAL CULTURE)
This article examines the philosophy of artificial intelligence through the lens of ethical safety in the context of educational culture. The article examines how AI can improve educational practice and at the same time pose risks to fairness, trust, and human relationships that are central to the learning environment. By analyzing the philosophical underpinnings of AI, the ethical dimensions of its development, and its impact on educational culture, this study highlights the need for an interdisciplinary approach to ensure responsible integration of AI. The need to align AI innovations with human-centered values is emphasized.
Keywords: artificial intelligence, cultural philosophy, ethics, education, digital technologies, security.
Article bibliography
1. Ageyev A. I. Artificial intelligence: the vagueness of definitions in the uncertainty of realities // Philosophical sciences. – 2022. – Vol. 65, No. 1. – P. 27-43.
2. Belyaev D. A. Explication of artificial intelligence in the optics of post-human transformations: philosophical conceptualization // Traditions and innovations in the space of modern culture. – Lipetsk: LSPU named after P. P. Semenov-Tyan-Shansky, 2024. – P. 60-65.
3. Belyaev D. A. The Future of Man in the Prospect of Technoanthropological Convergences. – M .: INFRA-M, 2023. – 217 p.
4. Voronina D. K. Neural networks in education: threats, challenges and prospects // Bulletin of the Herzen State Pedagogical University. – 2024. – No. 212. – P. 126-136.
5. Dukhanina L. N., Maksimenko A. A. Problems of implementing artificial intelligence in the field of education // Prospects of science and education. – 2020. – No. 4 (46). – P. 23-35.
6. Nikitin P. V., Gorokhova R. I., Abashin V. G. Improving the online learning system by means of artificial intelligence // Prospects of science and education. – 2022. – No. 4 (58). – P. 522-539.
7. Raikov A. N. Subjectivity of explainable artificial intelligence // Philosophical sciences. – 2022. – Vol. 65, No. 1. – P. 72-90.
8. Rezaev A. V., Stepanov A. M., Tregubova N. D. Higher education in the era of artificial intelligence // Higher education in Russia. – 2024. – Vol. 33, No. 4. – P. 49-62.
PHILOSOPHY. LAW. SOCIETY
PLINTSOVSKIY Andrey Sergeevich
postgraduate student, Institute of Public Administration and Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE INCLUSIVE POTENTIAL OF PHILOSOPHICAL INTERPRETATIONS OF CREATIVITY IN THE RETROSPECT OF RUSSIAN THOUGHT OF THE XI-XIX CENTURIES
The choice of the research topic is due to the increased interest in inclusive issues. Their understanding from the perspective of philosophical anthropology is just the beginning of its development, where philosophers prefer to rely on the conceptual positions of Western authors, which limits the idea of the essential understanding of this phenomenon. In this work, an attempt is made to analyze the philosophical views of Russian thinkers of the 11th-19th centuries through the prism of the inclusive potential of creativity. The author’s conclusion indicates that the humanistic discourse of Russian philosophers is the forerunner of the emergence of an inclusive idea.
Keywords: inclusion, a person with health deficits, creativity, Russian philosophical thought, retrospective analysis.
Article bibliography
1. Berdyaev N. A. The Meaning of Creativity. An Experience of Justifying Man. – Moscow: Yurait Publishing House, 2018. – 256 p. – (Anthology of Thought).
2. Mochinskaya K. A. Synthesis in the Aspect of Love: S. L. Frank’s Metaphysics of All-Unity // Society: Philosophy, History, Culture. – 2023. – No. 9 (113). – P. 60-64. – DOI 10.24158/fik.2023.9.8. – EDN PPNKJH
3. Odoevsky V. F. Experience on pedagogical methods in the initial education of children // V. F. Odoevsky. Selected pedagogical works / Comp., ed., introduction and notes by V. Ya. Struminsky. – M.: Uchpedgiz,1955. – 368 p.
4. Pustovoit N. M. Philosophical anthropology of A. S. Khomyakov // International research journal. – 2016. – No. 7 (49). – Part 1. – P. 124-128.
5. Sudakova N. E. Man in the era of inclusion: the birth of participatory Being: Monograph. – Moscow: Buki Vedi, 2018. – 215 p.
6. Sudakova N. E. Philosophy of inclusion: paths to the host society // Music in the information space of the culture of the third millennium: problems, opinions, prospects: Coll. sci. tr. Iss. VII. – M.: RSSU, 2012. – P. 160.
7. Florovsky G. V. The meaning of history and the meaning of life // Russian philosophers (late 19th – mid 20th centuries): anthology. Issue 3 / Comp. L. G. Filonova. – M., 1996. – 315 p.
8. Khomyakov A. S. Complete Works: In 8 vols. // Collected Works: In 8 vols. – M., 1900. – Vol. 1. – P. 271-272.
PHILOSOPHY. LAW. SOCIETY
SINYUTIN Alexander Alexandrovich
assistant of Social sciences and humanities sub-faculty, M. I. Platov South Russian State Polytechnic University (NPI), Rostov-on-Don
THE PRACTICE OF PATRIOTISM IN THE STRUCTURE OF PERSONALITY DEVELOPMENT: A CULTURAL AND PHILOSOPHICAL ANALYSIS
The article examines patriotism as a socio-cultural phenomenon that occupies an important place in the formation of personality and its identity. It is shown that in the modern world, where globalization and migration are blurring borders, patriotism is becoming not only a matter of national identity, but also an important aspect of personal development. A cultural and philosophical analysis of the practices of patriotism allows for a deeper understanding of how they influence the formation of individual values, beliefs, and behavior.
Keywords: patriotism, personality, identity, practices of patriotism
Article bibliography
1. Bauman Z. Individualized society. – M.: Logos, 2005. – 390 p.
2. Belyaev E. I. The problem of personal identity in the context of world philosophy of education // Interregional Pimenov readings. – 2012. – No. 9. – P. 112-122.
3. Berdyaev N. A. Self-knowledge. – M.: Kniga, 1991. – 334 p.
4. Berger P., Luckmann T. Social construction of reality: A treatise on the sociology of knowledge. – M.: Academia-Center; Medium, 1995. – 322 p.
5. Bourdieu P. Beginnings. – M.: Socio-Logos, 1994. – 288 p.
6. Grechko P.K. Identity – a postmodern perspective // Questions of social theory. – 2010. – Vol. IV. – P. 171-190.
7. Korostyleva L.A. Psychology of self-realization of the individual: difficulties in the professional sphere. – St. Petersburg: Rech. – 2005. – 220 p.
8. Levin K. Resolution of social conflicts. – St. Petersburg: Sensor, 2000. – 407 p.
9. Marx K. Economic and philosophical manuscripts of 1844 and other early philosophical works. – Moscow: Academic project, 2010. – 775 p.
10. Mead J.G. Self and the subjective // Selected. – Moscow: RAS INION, 2009. – Pp. 156–165.
11. Mounier E. Personalism. – Moscow: Republic, 1999. – 558 p.
12. Habermas J. On the pragmatic, ethical, and moral use of practical reason // Democracy. Reason. Morality. – M.: Academy, 1995. – 252 p.
13. Goldstein K. The organism: a holistic approach to biology derived from pathological data in man. – New York: American book company, 1939. – 533 p.
PHILOSOPHY. LAW. SOCIETY
SMIRNOVA KristinaVasiljevna
educational master, researcher of Psychology, history and philosophy sub-faculty, Tver State Technical University
SOCIO-ECONOMIC AND COMMUNICATIVE PREREQUISITES FOR THE FORMATION OF A MODERN INFORMATION SOCIETY
The theory of the ontogenesis of the communicative space is inextricably linked with economic, social, and technological development. The rapid pace of continuous change requires constant philosophical reflection to understand the genesis of these transformations. Social philosophy is faced with the task of analyzing the complex processes associated with the spread of new technologies for the transition to the information society.
The main purpose of the research is to study the features of fundamental transformations of industrial relations and the consistent development of communication technologies as the main vectors of cardinal transformations in the economic, social spheres, science and education, culture and lifestyle of people, which served as prerequisites for the formation of the information society.
The article presents the philosophical views of thinkers on the continuous transformations of the XX-XXI centuries, the consistent development of communication technologies and their impact on public consciousness. The features of the functioning of social existence under the influence of digitalization are considered.
Keywords: production sector, information technology, communication, social consciousness, digitalization.
Article bibliography
1. Baudrillard J. Consumer Society / Translated from French by E. A. Samarskaya. Moscow: AST Publishing House, 2020. 320 p.
2. Zuboff Sh. The Era of Surveillance Capitalism. The Battle for the Human Future on the New Frontiers of Power / Translated from English by A. F. Vasiliev; edited by Ya. Okhonko, A. Smirnov. Moscow: Gaidar Institute Publishing House, 2024. 784 p.
3. McLuhan M. The Gutenberg Galaxy / Translated from English by A. Yudin. Kyiv: Nika-Center, Elga, 2004. 432 p.
4. Mason P. Postcapitalism: A Guide to Our Future. Moscow: Ad Marginem Press, 2016. 416 p.
5. Nichols T. The Death of Expertise: How the Internet is Killing Scientific Knowledge / Translated from English by T. L. Platonova. Moscow: Eksmo, 2019. 368 p.
6. Polyakova N. L. The 20th Century in Sociological Theories of Society. Moscow: Logos Publishing House, 2004. 384 p.
7. Severskaya O. I. Digital Losses in Communication in the Transition from “Communication” to “Information Transfer” // Journal of Applied Linguistics and Lexicography. 2019. No. 1 (2). P. 331-336.
8. Sapir E. Selected Works on Linguistics and Cultural Studies / Translated from English; general editor and introduction by A. E. Kibrik. Moscow: Progress Publishing Group, University, 1993. 656 p.
9. Srnicek N. Platform Capitalism / Translated from English and scientific editor M. Dobryakova; National Research University Higher School of Economics. 2nd ed. Moscow: HSE Publishing House, 2020. 128 p.
10. Fuller S. Post-Truth: Knowledge as a Struggle for Power / Translated from English by D. Kralechkin; scientific editor A. Smirnov. National Research University Higher School of Economics. Moscow: Publishing House House of the Higher School of Economics, 2021. 367 p.
PHILOSOPHY. LAW. SOCIETY
TARASOV Alexey Nikolaevich
Ph.D. in philosophical sciences, professor, Acting Head of Philosophy, political science and theology sub-faculty, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
KALININA Margarita Igorevna
student, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
DEDOVA Valentina Andreevna
student, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
PHILOSOPHY OF CULTURE AT THE PRESENT STAGE: PROMISING AREAS OF RESEARCH
The article is the result of the analysis of modern topical problems of the philosophy of culture. Based on the obtained data, promising areas of cultural philosophical research were identified. These include issues of studying digital culture, the dynamics of culture, transcultural analysis, and environmental philosophy of culture. The article shows that each of the identified areas already has the necessary research groundwork. It is concluded that, as always in the framework of philosophy, conducting research within the framework of these areas meets the solution to problems facing society today and in the future.
Keywords: development of science, philosophy of culture, digital culture, dynamics of culture, transcultural analysis, ecological philosophy of culture.
Article bibliography
1. Volodin A. V., Zil’ber A. S., Rifal’skii A. Yu. Kant and Shpet: convergence and divergence. Review of the international scientific conference // Questions of philosophy. – 2024. – No. 3. – P. 213-219.
2. Kedrova M. O. Autobiography as a philosophical genre: R.J. Collingwood and G. Reid // Questions of Philosophy. – 2024. – No. 2. – P. 144-155.
3. Kogai E. A. Social well-being of the population in the sociological dimension // Challenges of the modern world in the framework of social and humanitarian knowledge. In search of an alternative: Proceedings of the II All-Russian scientific and practical conference. – Izhevsk: ISTU named after M. T. Kalashnikov, 2024. – P. 287-290.
4. Kondakov I. V. From the philosophy of culture – to the philosophy of history // Questions of philosophy. – 2023. – No. 6. – P. 152-155.
5. Kretov D. V. The Phenomenon of Political Identity in the Modern Sociocultural Space // Humanitarian Studies in the Context of Modern Sociocultural Transformation: Proceedings of the XIII All-Russian Scientific and Practical Conference. – Lipetsk: LSPU named after P. P. Semenov-Tyan-Shansky, 2024. – P. 48-51.
6. Mezhuev S. On the Other Side of Utopia Two Views on Post-Industrial Labor // Logos. – 2024. – Vol. 34, No. 2 (159). – P. 195-218.
7. Osipov I. D., Rybas A. E. Theoretical Heritage of Leningrad-Petersburg Philosophy // Bulletin of the Russian Foundation for Basic Research. Humanities and Social Sciences. – 2023. – No. 4 (115). – P. 59-73.
8. Romakh O.V. Editor’s Column // Analytics of Cultural Studies. – 2016. – No. 1 (34). – P. 4.
9. Frolova N.A. Unity of Traditions and Innovations: Features of the Formation of the Orthodox Value System in the Modern World (using television and radio as an example) // Philosophy and Cultural Studies: Theory and Methodology: Proceedings of the II All-Russian Scientific and Methodological Conference. – Lipetsk: Lipetsk State Pedagogical University named after P.P. Semenov-Tyan-Shansky, 2024. – P. 108-112.
PHILOSOPHY. RIGHT. SOCIETY
SHAKIROVA Guzel Fanilevna
master of cultural studies, leading specialist of the educational department, Institute of Humanities and Social Sciences, Ufa University of Science and Technology
FORMATION OF SOLIDARITY IN MODERN RUSSIAN SOCIETY ON THE EXAMPLE OF THE REPUBLIC OF BASHKORTOSTAN
The article discusses the trends in the formation of solidarity in modern Russian society using the example of the Republic of Bashkortostan. It is shown that the formation of solidarity in modern Russian society requires comprehensive educational, social and civic activities, the role of the state, civil institutions and each person is extremely important in this process. Multinational and multicultural Bashkortostan today is one of the successfully developing, economically strong supporting regions of the Russian Federation, which in practice demonstrates the materialization of solidarity in its multicultural space.
Keywords: solidarity, culture of peace, tolerance, mutual understanding, friendship, interethnic harmony, unity, dialogue, interethnic relations, ethnocultural development, civil peace, cultural sovereignty.
Article bibliography
1. Ardashirova A. D. Ways to harmonize interethnic and interfaith relations // Historical experience of interethnic and interfaith interaction of the peoples of Russia and Bashkortostan as a factor and positive vector for further development of interethnic relations in the republic: materials of the All-Russian scientific and practical conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 116-117.
2. Bayazitov S. B. On interethnic and interfaith relations in the urban district of Ufa, Republic of Bashkortostan // Historical experience of interethnic and interfaith interaction of the peoples of Russia and Bashkortostan as a factor and positive vector for further development of interethnic relations in the republic: materials of the All-Russian scientific and practical conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 118.
3. Ibragimov A. A. Interaction of the House of Friendship of Peoples of the Republic of Bashkortostan and Municipal Authorities in the Implementation of the Activities of National-Cultural Centers // Historical Experience of Interethnic and Interfaith Interaction of the Peoples of Russia and Bashkortostan as a Factor and Positive Vector for the Further Development of Interethnic Relations in the Republic: Proceedings of the All-Russian Scientific and Practical Conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 134-136.
4. Mardanov M. Kh. Implementation of the state national policy in the Republic of Bashkortostan: problems and targets // Historical experience of interethnic and interfaith interaction of the peoples of Russia and Bashkortostan as a factor and positive vector for further development of interethnic relations in the republic: materials of the All-Russian scientific and practical conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 148-149.
5. Rakhmatullina Z. Ya. Dialogue of cultures and religions as a spiritual basis for sustainable development of a multinational society (on the example of the Republic of Bashkortostan) // Bulletin of MGUKI. – 2014. – No. 2 (58). – P. 83.
6. Rakhmatullina Z. Ya. The world is based on culture: philosophical understanding. – Ufa: Bashkir State University, 2021. – P. 110.
PHILOSOPHY. LAW. SOCIETY
ZHANG Xi
Xi’an Shiyou University, College of Marxism, Major: Law, Major Code: 030101, Lecturer, PhD graduated from Northwest University of Political Science and Law
STRATEGIES AND PRACTICES OF EDUCATIONAL AND TEACHING REFORM IN COLLEGES AND UNIVERSITIES DRIVEN BY THE INTEGRATION OF INDUSTRY AND EDUCATION IN THE AGE OF INTELLIGENCE
With the rise of the intelligent era, the rapid development of technology has significantly impacted higher education, driving fundamental changes in the educational process. In this context, the integration of education and industry has become a key strategy for improving education quality and aligning talent development with industry needs. This paper explores the strategies and practical applications of education reforms driven by the integration of education and industry. It examines curriculum systems, teaching methods, industry-university cooperation, and faculty development, along with examples of successful implementation. The study also discusses the role of policies and institutional support for education-industry integration, as well as trends in higher education reforms in the intelligent era. The findings provide theoretical and practical recommendations for advancing educational reforms.
Keywords: Intelligent era, education-industry integration, higher education, teaching reforms, industry-university cooperation.
References
1. Chaka C. Fourth industrial revolution – a review of applications, prospects, and challenges for artificial intelligence, robotics and blockchain in higher education // Research and Practice in Technology Enhanced Learning. – 2023.
2. Mian S. H., Salah B., Ameen W., Moiduddin K. Adapting universities for sustainability education in industry 4.0: Channel of challenges and opportunities // Sustainability. – 2020. – Vol. 12, No. 15. – P. 6100.
3. Aithal P. S., Prabhu S., Aithal S. Future of higher education through technology prediction and forecasting // Social Science Research Network (SSRN). – 2024.
4. Miranda J., Navarrete C., Noguez J. The core components of education 4.0 in higher education: Three case studies in engineering education // ScienceDirect. – 2021.
5. Gong X. Performance evaluation of industry-education integration in higher education from the perspective of coupling coordination-an empirical study based on Chongqing // PLOS ONE. – 2024.
6. Wang L. Innovative Development Strategies for the Integration of Industry and Education in Colleges and Universities in the Internet Era // Sciendo. – 2024.
7. Zheng J. Reforming the Credential Integration Teaching Model in the Context of Industry-Education Integration // EAI Endorsed Transactions on e-Learning. – 2024.
8. Cai Y., Wang T., & Li Q. Research on the capacity of teachers in applied undergraduate education from the perspective of integration between industry and education // Clausius Press. – 2023.
9. Wang L. Innovative Development Strategies for the Integration of Industry and Education in Colleges and Universities in the Internet Era // Sciendo. – 2024.
PHILOSOPHY. RIGHT. SOCIETY
FAN Jia
postgraduate student, Faculty of History, Department of Humanities, Chinese History, Nanjing University
THE SPREAD OF BELIEF IN THE GOD OF WATER TRANSPORT IN THE JIANGNAN REGION FROM THE MING AND QING DYNASTIES
This paper explores in detail the spread and evolution of belief in the god of water transportation in the Jiangnan region from the Ming and Qing dynasties to the present day. The Jiangnan region, known for its extensive system of waterways, has become the cradle of unique beliefs related to the water element and its protectors. This article analyzes the architectural features of religious structures, worship rituals, folk tales, and historical documents to gain a deeper understanding of how the belief in the water god permeated the daily life of the people, adapted to changes in social structure, and influenced the cultural and economic aspects of the region. The article also examines how this belief influences Jiangnan’s contemporary cultural identity and how it persists and transforms in the face of globalization, continuing to play an important role in fostering social solidarity and preserving cultural heritage.
Keywords: Jiangnan, Water Transport, Ming and Qing Dynasties, belief in Water Gods, Sociocultural Influence.
Bibliographic list of articles
1. Liu Y., & Wang Y. Spatiotemporal reconstruction of beliefs in water deities in the Pearl River Delta using GIS // Religions. – 2022.
2. Zhang J. Water, Dam, and Temple: Water Deity Worship and Dam Management in the Jianghan Plain, 1788-2013 // Journal of Social History. – 2016. – No. 50. – P. 120-147.
3. Lin L. Water Deity Worship and Fishermen’s Culture in the Dongting Lake Area // Journal of Yunmeng. – 2012.
4. Hua W. Origins and Changes of the Zong San Cult in the Ming and Qing Dynasties // Historical Research in Anhui. – 2013.
5. Yan A., & Zhu S. Spatial Organization of Imperial Power: Spatial Reconstruction and Management of Jingshan Temple during Emperor Kangxi’s Southern Inspection Tours // Religions. – 2023.
6. Zhang F. Spectacle and Sacrifice: Ritual Foundations of Village Life in Northern China // China Journal. – 2011.
7. Wang Andi, Wang Chunhua, Liu Jin. Rise and Decline of Water Transport Myths on the Liaocheng Section of the Grand Canal and Rethinking Cultural Value. – 2021.
8. Hu Mengfei Analysis of the Impact of Water Transport during the Ming and Qing Dynasties on Local Culture in Xuzhou. – 2010.
P. P. Kremnev:
On the issue of the date of formation and the legal nature of the Commonwealth of Independent States
Interview with Peter Petrovich Kremnev, Ph.D. in Law, professor of International law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University, member of the European Association of International Law.
INTERNATIONAL LAW
BIRYUKOVA Valeriya Pavlovna
lecturer of International and Eurasian law sub-faculty, Faculty of Law, Voronezh State University
APPLICATION OF INTERNATIONAL INTELLECTUAL PROPERTY NORMS BY SWISS COURTS
This article deals with the particularity of the application of international legal norms about intellectual property rights protection by Swiss courts. Switzerland’s recognition in 2024 as the world’s most innovative economy, as well as the large number of patent applications filed in the Confederation, indicate the highest level of trust in the protection of intellectual property rights in this country. In case of disputes over various types of intellectual property objects, specialized judicial bodies such as the Federal Administrative Court and the Federal Patent Court, as well as the Federal (Supreme) Court of Switzerland, apply the provisions of numerous international treaties that protect intellectual rights.
Keywords: Switzerland, intellectual property, free trade areas, EU, international treaties, Federal Institute of Intellectual Property, courts, patents, industrial designs, Federal Patent Court.
Bibliographic list of articles
1. Das Bundesgericht. [Electronic resource]. – Access mode: https://www.bger.ch/de/index.htm (date of access: 05.03.2025).
2. The Federal Patent Office. [Electronic resource]. – Access mode: https://www.bundespatentgericht.ch/ (date of access: 05.03.2025).
3. Federal Tribunal of Administration. [Electronic resource]. – Access mode: https://www.bvger.ch/fr (date of access: 05.03.2025).
4. The Department of Education for Social Development, Bildung und Forschung. [Electronic resource]. – Access mode: https://www.admin.ch/gov/de/start/departemente/departement-fuer-wirtschaft-bildung-forschung-wbf.html (date of access: 05.03.2025).
5. Institut Fédéral de la Propriété Intellectuelle: droit et politique. [Electronic resource]. – Access mode: https://www.ige.ch/fr/droit-et-politique (date of access: 05.03.2025).
6. Institut Fédéral de la Propriété Intellectuelle: autres titres de protection. [Electronic resource]. – Access mode: https://www.ige.ch/fr/droit-et-politique/evolutions-nationales/autres-titres-de-protection (date of access: 05.03.2025).
7. Swissinfo: Switzerland has concluded free trade agreements with Thailand and Kosovo. [Electronic resource]. – Access mode: https://www.swissinfo.ch/rus/transnational-concerns/Switzerland-has-concluded-free-trade-agreements-with-Thailand-and-Kosovo/88768907 (date of access: 05.03.2025).
8. World Intellectual Property Organization: Intellectual property is improving the lives of everyone, everywhere. [Electronic resource]. – Access mode: https://www.wipo.int/portal/en/index.html (date of access: 05.03.2025).
9. Greater Geneva Bern Area: Swiss Made, un label de renommée international. [Electronic resource]. – Access mode: https://ggba.swiss/fr/swiss-made-un-label-de-renommee-internationale/ (date of access: 05.03.2025).
INTERNATIONAL LAW
KUDRYASHOV Vladislav Vasiljevich
Ph.D. in historical sciences, associate professor, associate professor of Constitutional and civil law sub-faculty, Faculty of Law, State University of Education, Full State Counselor of the Russian Federation, 3rd Class
“SOFT” LAW IN INTERNATIONAL ARBITRATION: FOREIGN APPROACHES
International arbitration bodies widely apply various non-binding international acts, which are referred to in foreign doctrine as “soft” law, when considering disputes. At the same time, arbitrators rely on two types of “soft” law acts – those that have procedural significance and those used to resolve a dispute on the merits. The article examines the opinions of foreign scientists on such issues as the impact of the application of “soft” procedural rules in the arbitration process on the validity and effectiveness of decisions, their enforceability, the right of the parties to a fair trial, the discretionary powers of arbitrators, as well as the likelihood of transformation of the arbitration process, private in nature, through the legitimization of the application of soft law into something, very similar to the process in state courts (judicialization).
Keywords: soft law, international commercial arbitration, the IBA Rules on Evidence, the IBA Guidelines on Conflicts of Interest, the UNCITRAL Model Law, the ICC Arbitration Rules, Lex Mercatoria, UNIDROIT Principles for International Commercial Contracts.
Article bibliography
1. Kolodkin R. A. Critique of the concept of “soft law” // Council. State and Law. – 1985. – No. 12. – P. 95-99.
2. Baxter R. International Law in Her Infinite Variety, 1980 (29 ICLQ 549).
3. Chinkin C. The Challenge of Soft Law: Development and Change in International Law // 1989, 38 ICLQ 850, 852.
4. Dupuy R. J. Droit déclaratoire et droit programmatoire: de la coutume sauvage à la ‘soft law’’ in Société Française de Droit International, Colloque de Toulouse, L’élaboration du Droit International Public. – Pedone, 1975. – R. 132-148.
5. Rigaux F. Annuaire de l’Institut de Droit International. – Pedone, 1983. – Vol. 60-II 147 // in Wellens K. C. and Borchardt G. M. Soft Law in European Community Law // (1989) 14 ELR 267. – R. 271-279.
6. Hillgenberg H. A Fresh Look at Soft Law’, 1999 10 European Journal of International Law 499, 500.
7. Klabbers J. Informal Instruments Before the European Court of Justice // (1994) Common Market Law Review 997.
8. Steinberg R.H. In the Shadow of Law or Power? Consensus – based Bargaining and Outcomes in the GATT/WTO // (2002) 56 International Organization 339, 340.
9. Weil P. Toward Relative Normativity in International Law // American Journal of International Law. – 1983. – No. 77. – P. 413, 414-417.
10. Kamiloğlu M. E. Soft Law in International Arbitration. December 2016. [Electronic resource]. – Access mode: https://www.erdem-erdem.av.tr/en/insights/soft-law-in-international-arbitration (access date: 03/02/2025).
11. Lynch K. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration (Kluwer Law International, The Hague 2003). – P. 37-75.
12. Kaufmann-Kohler G. Soft Law in International Arbitration: Codification and Normativity // Journal of International Dispute Settlement. – 2010. – P. 1-17 doi:10.1093/jnlids/idq009. [Electronic resource]. – Access mode: https://lk-k.com/wp-content/uploads/Soft-Law-in-International-Arbitration-Codification-and-Normativity.pdf (date of access: 03.03.2025).
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22. Rustambekov I. CENTRAL ASIA: Uzbekistan. The New – and First – International Commercial Arbitration Law. – 2021. [Electronic resource]. – Access mode: https://jusmundi.com/en/document/publication/en-central-asia-uzbekistan-the-new-and-first-international-commercial-arbitration-law> (date of access: 19.07.2024).
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28. Muratova O. V. Acts of “soft” law as regulators of private law relations // Journal of legislation and comparative law. – 2015. – No. 4. – P. 627-633.
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INTERNATIONAL LAW
KSHEVITSKIY Stanislav Alexandrovich
postgraduate student of International law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia, CEO at Extradition Law Firm
THE PRINCIPLE OF NON-REFOULEMENT IN DIFFERENT FORMS OF INTERNATIONAL COOPERATION
The principle of non-refoulement is the cornerstone of international refugee protection. The article examines its application and evolution in forms of international cooperation that go beyond traditional asylum mechanisms. Special attention is paid to the practice of the International Organization for Migration (IOM), as well as the legal and policy frameworks established by the New York Declaration on Refugees and Migrants of 2016, the Global Compact on Refugees of 2018 and the Global Compact on Safe, Orderly and Regulated Migration of 2018. The article analyzes the role of international consultative processes in the development of standards for the protection of migrants from forced expulsion, as well as practical aspects of their implementation. The article highlights the importance of the principle of non-refoulement as a fundamental element of international cooperation in the field of migration, refugee law and human rights protection.
Keywords: international law, non-refoulement principle, International Organization for Migration (IOM), New York Declaration 2016, Global Compact on Refugees 2018, Global Compact on Migration 2018, protection of refugees, human rights, consultative processes, forced return.
Article bibliography
1. Ivanov D. V., Aliyev D. M. International Organization for Migration: historical and legal aspects of activities // International Legal Courier. [Electronic resource]. – Access mode: https://inter-legal.ru/mezhdunarodnaya-organizatsiya-po-migratsii-istoriko-pravovye-aspekty-deyatelnosti#_ftnref23 (date of access: 27.02.2025).
2. Kiseleva E. V. The main forms of interstate cooperation in the field of migration // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. 2016. No. 3. P. 90-105.
3. Klishas A. A., Kiseleva E. V. Global Forum on Migration and Development (Port Louis, Mauritius, November 19-22, 2012) // Eurasian Law Journal. 2013. No. 4 (59). P. 43-46.
4. IOM UN Migration. [Electronic resource]. – Access mode: https://www.iom.int/who-we-are (date of access: 11.02.2025).
5. MICIC/ Guidelines for the Protection of Migrants in Countries Experiencing Conflict or Natural Disaster. [Electronic resource]. – Access mode: https://micicinitiative.iom.int/sites/g/files/tmzbdl1426/files/documents/micic_guidelines_russian_web_17_10_2016.pdf (date of access: 02.03.2025).
6. New York Declaration. [Electronic resource]. – Access mode: https://refugeesmigrants.un.org/declaration (date of access: 15.02.2025).
7. Guidelines for the Protection of Migrants in Countries Experiencing Conflict or Natural Disaster. [Electronic resource]. – Access mode: https://www.iom.int/sites/g/files/tmzbdl486/files/documents/MICIC_Guidelines_RU.pdf (date accessed: 11.02.2025).
8. Refugees were released, but they still face deportation. [Electronic resource]. – Access mode: https://www.refworld.org/ru/coi/countrynews/amnesty/2015/ru/141328?prevDestination=search&prevPath=/ru/search?keywords=World+Refugee+Survey&sort=score&order=desc&result=result-141328-ru (date accessed: 12.02.2025).
9. Ministry of Internal Affairs of the Republic of Turkey / Deportation. [Electronic resource]. – Access mode: https://ru.goc.gov.tr/%D0%B4%D0%B5%D0%BF%D0%BE%D1%80%D1%82%D0%B0%D1%86%D0%B8%D1%8F (date accessed: 26.02.2025).
10. New York Declaration for Refugees and Migrants. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N16/292/00/PDF/N1629200.pdf?OpenElement (date accessed: 26.02.2025).
11. Global Compact on Refugees UNHCR Quick Start Guide. [Electronic resource]. – Access mode: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unhcr.org/centralasia/wp-content/uploads/sites/75/2019/11/Global-Compact-on-Refugees-Quick-Guide-Rus.pdf (accessed: 15.02.2025).
12. Global Compact for Safe, Orderly and Regular Migration (GCM). [Electronic resource]. – Access mode: https://www.ohchr.org/ru/migration/global-compact-safe-orderly-and-regular-migration-gcm (accessed: 15.02.2025).
13. Global compact on refugees. [Electronic resource]. – Access mode: https://www.unhcr.org/media/global-compact-refugees-booklet (date of access: 20.02.2025).
14. GFMD. [Electronic resource]. – Access mode: https://www.iom.int/global-forum-migration-and-development-gfmd (date of access: 25.02.2025).
15. Global Forum on Migration and Development. [Electronic resource]. – Access mode: https://www.un.org/ru/development/migration/aforum.shtml (date of access: 25.02.2025).
16. OVERVIEW The Role of Inter-State Consultation Mechanisms on Migration in the Global Compact for Safe, Orderly and Regular Migration, IOM. [Electronic resource]. – Access mode: https://publications.iom.int/system/files/pdf/role_of_iscm_on_migration_ru.pdf (date accessed: 26.02.2025).
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economical sciences, professor, professor of State and international law sub-faculty, St. Petersburg State Marine Technical University
LADYKA Sergey Ivanovich
Ph.D. in Law, associate professor of International maritime law sub-faculty, St. Petersburg State Maritime Technical University
INTERNATIONAL LEGAL ASPECTS OF THE USE OF CONCILIATION IN THE SETTLEMENT OF PUBLIC MARITIME DISPUTES
The authors examine the use of reconciliation by states in the international legal regulation of disputes between states by peaceful means and the possibility of using reconciliation in resolving maritime disputes between states.
Keywords: public maritime disputes, conciliation procedure for resolving disputes, international legal documents, UN Model Conciliation Rules, 1982 UN Convention on the Sea, conciliation commissions, reconciliation.
Bibliographic list of articles
1. Burr R. N., Hussey R. D. Documents on Inter-American Cooperation. – 1881-1948. – V. 2. – Philadelphia, 1955.
2. League of nations. Treaty series. – V. 181, [Lausanne], 1937–38.
3. Handbook on the Peaceful Settlement of Disputes Between States 1992. – P. 48-49. – Merrils, 2005. – P. 67-74 @@ Hamilton. Requena, van Scheltinga. – Shifman 1999. – P. 285-295. Andrassy, 1978.
4. Kolosov Yu. M., Krivchikova E. S. Current international law. – Publishing House of the Moscow Association of International Law, 2002.
5. Lake Lanoux Arbitration (France v Spain), 1957. – 24 ILR.
6. Kirilenko V. P., Alekseev G. V. Classification of Maritime Disputes and Modern Legal Means of Their Resolution // Eurasian Integration: Economics, Law, Politics. – 2021.
7. Tamada D. The Timor Sea Concilation: The Unique Mechanism of Duspute Settelment // European Journal of International Law. – 2020. – Vol. 31. – Iss. 1.
8. Orlova E. S. Trends in the Development of Modern International Justice Bodies // Eurasian Integration: Economics, Law, Politics. – 2019.
INTERNATIONAL LAW
RAZUMOVSKAYA Vladislava Viktorovna
postgraduate student of Constitutional and international law sub-faculty, University of Management “TISBI”, Kazan
INTEGRATION OF ARTIFICIAL INTELLIGENCE INTO THE INTERNATIONAL COURT OF ARBITRATION
This article examines the impact of artificial intelligence (AI) on the activities of the International Court of Arbitration in The Hague. The objective of the study was to assess the potential of AI in automating arbitration processes, increasing their efficiency and transparency. The study aims to analyze the use of data processing and predictive analytics in arbitration, identify the ethical and legal aspects of using AI, and assess the risks associated with the implementation of such technologies. The hypothesis of the study is that the integration of AI can significantly improve the quality and speed of litigation, but requires careful legal regulation. To achieve these goals, data analysis methods were used, as wellas a theoretical and empirical study of existing practices. The results showed that the introduction of AI in arbitration can significantly improve the efficiency of the process, but requires the development of new standards to ensure ethics, transparency and data protection.
Keywords: Artificial intelligence, international arbitration, The Hague, legal practice, automation, ethics.
Bibliographic list of articles
1. Boulle L., Choudhury, B. (2018). The Role of Artificial Intelligence in International Arbitration // Journal of International Arbitration.
2. Goh Y., Tan H. (2021). Ethics and Artificial Intelligence in Law: A Comparative Perspective // International Journal of Law and Information Technology.
3. Kauffman S., Susskind R. (2020). Artificial Intelligence and the Future of Law // Harvard Law Review.
4. Reuters: Artificial Intelligence Will Separate Real News from Fake // Rambler. 2016. December 3. [Electronic resource]. – Access mode: https://news.rambler.ru/other/35476318-reuters-iskusstvennyy-intellekt-otdelitnastoyaschie-novosti-ot-lozhnyh/ (accessed: 12/16/2024).
5. Susskind R. (2019). Tomorrow’s Lawyers: An Introduction to Your Future // Oxford University Press.
6. Zeleznikow J., Hossain M. (2019). Legal Knowledge-Based Systems: The Role of AI in Legal Decision Making // Artificial Intelligence Review.
7. Artificial Intelligence as a Key Factor in the Digitalization of the Global Economy: IKS Media. 2017. February 27. [Electronic resource]. – Access mode: https://www.iksmedia.ru/news/5385191s20121.html#:~:text
8. Artificial intelligence: a dictionary for retailers // New retail. 2017. August 2. [Electronic resource]. – Access mode: https://newretail.ru/tehnologii/iskusstvennyy_intellekt_slovarik_dlya_riteylerov3336/ (date of access: 12/16/2024).
9. Proydakov E. M. Current state of artificial intelligence // Science studies studies. 2018. No. 2018. P. 144. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennoe-sostoyanie-iskusstvennogointellekta (date of access: 12/16/2024).
10. Searle J.R. Artificial Intelligence: Different Views on the Problem // In the World of Science. Scientific American. 1990. No. 3. [Electronic resource]. – Access mode: http://www.raai.org/library/books/sirl/ai.htm (date of access: 12/16/2024).
11. Solntseva O.G. Aspects of Application of Artificial Intelligence Technologies // E-Management. 2018. No. 1. P. 43-51. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aspekty-primeneniya-tehnologiy-iskusstvennogointellekta (date of access: 12/16/2024).
12. Explanatory Dictionary of Artificial Intelligence / Authors-compilers: A. N. Averkin, M. G. Gaaze-Rapoport, D. A. Pospelov. [Electronic resource]. – Access mode: http://www.raai.org/library/tolk/aivoc.html#L208 (date of access: 12/16/2024).
13. Shuravin A. P. History of Artificial Intelligence // Programming Store Knowledge Base. 2018. [Electronic resource]. – Access mode: https://wiki.programstore.ru/istoriyaiskusstvennogo-intellekta/ (access date: 12/16/2024).
INTERNATIONAL LAW
UMAROV Yaroslav Vladislavovich
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PROBLEMS OF RESPONSIBILITY IN THE USE OF SYSTEMS WITH ELEMENTS OF ARTIFICIAL INTELLIGENCE IN INTERNATIONAL HUMANITARIAN LAW
The article analyzes the key legal liability issues arising from the implementation and use of systems with artificial intelligence (AI) elements. The issues of determining the legal status of intelligent systems, distribution of liability between developers, operators and users, problems of establishing causal relationships in cases of harm are examined. Gaps and contradictions in the existing legal regulation caused by the autonomy and opacity of intelligent systems functioning are identified. Possible directions for improving legislation and forming a balanced model of liability in the context of artificial intelligence technology development are proposed.
Keywords: artificial intelligence, legal liability, autonomous systems, liability distribution, causation, risk insurance, legal personality, algorithm transparency, international harmonization.
Article bibliography
1. Shcherbacheva L. V. Legal regulation of artificial intelligence in modern law: a textbook for universities. – St. Petersburg: Lan, 2024. – 140 p.
2. Morhat P. M. Artificial intelligence: a legal view: monograph. – Moscow: Buki Vedi, 2017. – 257 p.
3. Kuteinikov D. L., Izhaev O. A., Zenin S. S., Lebedev V. A. Algorithmic transparency and accountability: legal approaches to resolving the “Black Box” problem // Lex Russica. – 2020. – No. 6 (163). – P. 146.
4. Khuzhin A.. M. On the construction of strict liability in civil law // Bulletin of the Nizhny Novgorod Law Academy. – 2016. – No. 11. – P. 72-75.
5. Richard W. Justice and reasonable care in negligence law // The American Journal of Jurisprudence. – 2002. – 143 p.
6. Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (extracts). – Moscow: NORMA-INFRA-M Publishing House, 2002.
7. European cybersecurity and privacy research center (ecpc). The AI Act – EU regulation on artificial intelligence. [Electronic resource] // Center for Cybersecurity and Privacy Research. – 2024 (from August 2nd). [Electronic resource]. – Access mode: https://ckpap.its.waw.pl/en/2024/08/02/ai-act-eu-regulation-on-artificial-intelligence/ (access date: 03.15.2025).
INTERNATIONAL LAW
GRUSHIN Yuriy Olegovich
postgraduate student of the 3rd course of Integration and European law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
THE “GOOD SAMARITAN” CONCEPT AND REGULATION OF DIGITAL PLATFORMS’ RESPONSIBILITIES: THE EXPERIENCE OF THE USA AND THE EU
This article examines the concept (principle) of the “Good Samaritan”, which protects a person from the consequences of his good faith actions in a critical situation, in relation to the activities of digital platform operators monitoring undesired content. The concept is implemented in the legislation of the United States and the EU, but in the first case it is more focused on protecting the right to freedom of speech, and in the second — on protecting users from undesired content on digital platforms. In the Russian Federation, the corresponding concept is not legally fixed, but in practice it is occasionally used by courts when setting limits on the liability of digital platforms.
Keywords: digital platform, “Good Samaritan”, social network, freedom of speech, moderation.
Bibliographic list of articles
1. Dezhurny L. I., Shuvalova E. A., Lysenko K. I. Principles of protection from legal liability of persons providing first aid to victims in international and Russian legislation // Healthcare Manager. – 2010. – No. 6. – P. 34-40.
2. Zakurdaeva A. Yu., Dezhurny L. I. Legal aspects of first aid by medical workers // Medical law: theory and practice. – 2018. – Vol. 4, No. 1 (7). – P. 25-31.
3. Katkov P. Issues of classification of Internet sites involved in the illegal use of intellectual property on the Internet. Features of liability of social networks // IP. Copyright and related rights. – 2014. – No. 9.
4. Sergeev Yu. D. Legal consequences of failure to provide medical care by persons obligated to provide it in Russia, Europe and the USA: a comparative analysis // Medical law: theory and practice. – 2017. – Vol. 3, No. 2 (6). – P. 498-514.
5. Fliter Ya. S. Implementation of freedom of speech in the digital environment // Digital Law Journal. – 2021. – No. 3 (2).
6. Berbec A. To what extent can online service providers adopt voluntary content moderation measures without losing their immunity shields? A comparative analysis of online service providers’ liabilities in the European Union and the United States // JIPITEC. – 2024. – No. 15 (1).
7. Corugă A.-M., Chelu-Prodescu, C. The implications and predicted impact of the digital services act in Romania // LESIJ. – 2023. – No. 1.
8. G’sell F. The Digital Services Act (DSA): A General Assessment // Electronic Journal – SSRN:10.2139/ssrn.4403433.
9. Kuczerawy A. The Good Samaritan that wasn’t: voluntary monitoring under the (draft) Digital Services Act, VerfBlog. [Electronic resource]. – Access mode: https://verfassungsblog.de/good-samaritan-dsa/, DOI: 10.17176/20210112-181758-0 (access date: 01/28/2025).
INTERNATIONAL LAW
MAKSENOV Igor Romanovich
postgraduate student of International law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
COOPERATION BETWEEN STATES ON THE USE OF NUCLEAR ENERGY SOURCES IN THE CONTEXT OF THE PROGRESSIVE DEVELOPMENT OF INTERNATIONAL NUCLEAR LAW
This article focuses on the issues of bilateral cooperation between states on construction and operation in the context of the progressive development of international law, in particular international energy law and international nuclear law, using the example of the Agreement between the Government of the Russian Federation and the Government of the Republic of Turkey on Cooperation in the Construction and Operation of the Akkuyu Nuclear Power Plant in the Republic of Turkey 2010. The article analyzes the provisions of the Agreement betweenthe Government of the Russian Federation and the Government of the Republic of Turkey on cooperation in the construction and operation of a nuclear power plant at the Akkuyu site in the Republic of Turkey in 2010. The article also considers the prospects for co-operation between states on the use and research of NPS for peaceful purposes, in the context of bilateral agreements on the construction and operation of NPPs. It notes the more comprehensive nature of international treaties on co-operation in the field of NPP construction and operation.
Keywords: NPP, Akkuyu, peaceful uses of nuclear energy sources, peaceful atom, international co-operation, construction and operation of NPPs.
Article bibliography
1. Zavgorodniy V.S., Ganenkov E.O. Modern problems of international legal regulation of peaceful use of atomic energy // Modern international law and scientific and technical progress. – M.: RUDN University Press, 2012. – P. 75-83.
2. Kopylov S. M. Development of international legal cooperation in the field of renewable energy sources in the context of sustainable energy and energy efficiency // Education and Law. – 2016. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-mezhdunarodno-pravovogo-sotrudnichestva-v-sfere-vozobnovlyaemyh-istochnikov-energii-v-kontekste-ustoychivoy-energetiki-i/viewer (date accessed: 03.12.2024)
3. Khabrieva T. Ya. Legal dimension of scientific progress // Journal of Russian Law. – 2009. – No. 8. – P. 15.
4. Consequences of nuclear accidents for biodiversity and ecosystem services Consequences of nuclear accidents Wehrden H. v. [and others]. Conservation Letters. – 2012. – No. 5.2. – R. 81-89.
5. Cook H. International Nuclear Law: Nuclear Safety, Emergency Response and Nuclear Liability. Asia-Pacific Disaster Management, 2013. [Electronic resource]. – Access mode: http://dx.doi.org/10.1007/978-3-642-39768-4_14 (access date: 02/27/2024).
6. Nuclear Law: The Global Debate / IAEA ed. Vienna: Springer, 2022.
INTERNATIONAL LAW
SHPAKOVSKIY Anton Vladimirovich
postgraduate student of International law, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
DETENTION OF REFUGEES AND ASYLUM SEEKERS IN THE INTERNATIONAL LEGAL CONTEXT OF HUMAN RIGHTS AND REFUGEES’ RIGHTS
The problem of forced migration is one of the urgent problems of the modern world community. The constant increase in the number of refugees generates political and economic crises in many states, which, in turn, leads to new intra- and inter-state crises and to another deterioration of international security. The international community is consolidating efforts to address this problem, but its global and multidimensional nature requires a comprehensive approach to any analysis and choice of practical solutions, otherwise some of its inherent aspects may become significant and alarming. In particular, this is currently characterized by the problem of violations of the rights of refugees and asylum-seekers encountered outside their country of origin. One common form of such violations is the detention of refugees and asylum-seekers. The increasing number of cases of violations, including systematic and mass violations, of the rights of refugees in connection with their detention around the world requires analyzing this practice in the context of international legal provision of the rights of forced migrants and human rights in general.
The research is based on the analysis of international legal documents on human rights and refugee rights, as well as relevant doctrinal sources, using the methods of formal-legal, historical-legal, comparative-legal and concrete-legal analysis.
Based on the results of the study, the conclusions are drawn that the modern international legal system of ensuring the rights of refugees and asylum seekers, which has been developed over a hundred years and is characterized by sufficient formation, is nevertheless unable to exclude numerous violations of these rights, including minimum human rights, in relation to forced migrants. At the same time, it cannot be denied that the numerous violations of the rights of forced migrants are due to the attempts of developed countries to curb the migration crisis that is threatening their economic well-being and cultural integrity. Since only a small proportion of migrants appear to be “refugees” as defined by international law, the authorities of those countries are forced to resort to measures to contain “economic” migrants.
Modernization of international legal regulations on refugees seems to be urgently needed, but their current development, characterized by a trend towards universalization of international migration law through the adoption of the Global Compact on Refugees and the Global Compact on Safe, Orderly and Regular Migration, which bring “political” and “economic” migration flows under a uniform regulation, does not seem to be aimed at solving these problems.
Thus, the search for a solution to the issue of ensuring the rights of refugees remains an urgent problem of international law, requiring the development of new approaches that go beyond the existing paradigm.
Keywords: international law, refugees, human rights, human rights of refugees, human rights violations, forced migration, detention.
Bibliographic list of articles
1. Andreytso S. Yu. On the issue of the status of refugees in international law // Law. Right. State. – 2020. – No. 2. – P. 235-243.
2. Bekyashev D. K., Ivanov D. V. International legal regulation of forced and labor migration. – M.: Prospect, 2014. – 392 p.
3. Ivanov D. V. International system of refugee protection // Moscow journal of international law. – 1998. – No. 4. – P. 141-159.
4. Ivakhnyuk I. V. Development of migration theory in the context of globalization // Century of globalization. – 2015. – No. 1. – P. 36-51.
5. Kiseleva E. V. International legal regulation of migration: a textbook for universities. – 3rd ed., corrected. and add. – M.: Yurait, 2024. – 241 p.
6. Kiseleva E. V. The main forms of interstate cooperation in the field of migration // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2016. – No. 3. – P. 90-105.
7. Kiseleva E. V., Golovanov A. S. Russia’s involuntary contribution to the international legal protection of refugees: Russian refugees of the first quarter of the 20th century // Russia’s foreign policy interests: history and modernity: collection of materials from the All-Russian scientific conference dedicated to the 100th anniversary of the outbreak of World War I, Samara, March 30, 2014 / Ed. A. N. Skvoznikov. – Samara, 2014. – P. 76-84.
8. Krapivina V. V. Results and Prospects for the Development of the 2016 Migration Deal between the EU and Turkey // Scientific and Analytical Bulletin of the Institute of Europe of the Russian Academy of Sciences. – 2022. – No. 3. – P. 21-32.
9. Kucherov M. Yu. Migration Crisis in Germany: Burden or Investment in the Future? // Vlast. – 2020. – No. 4. – P. 58-64.
10. Potemkina O. Yu. Global Compact on Migration – Success or Failure? // Scientific and Analytical Bulletin of the Institute of Europe of the Russian Academy of Sciences. – 2018. – No. 6. – P. 86-91.
11. Saradzheva O. V. Phenomenology of Population Migration // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 8. – P. 190-193.
12. Slavova N. A., Leshchenko I. I. Legal status and the concept of “refugee” in the process of formation, development and protection of human rights: modernity and prospects // Civil society in Russia and abroad. – 2020. – No. 2. – P. 19-22.
13. Khodov L. G. New wave of refugees over Europe // Horizons of the economy. – 2022. – No. 3. – P. 83-88.
14. Jiangang V. Consequences of modern migration crises for the socio-economic situation // Sociology. – 2023. – No. 1. – P. 128-136.
15. Shumilov M. M., Schmidt O. I. The Migration Crisis as a Growing Threat to European Security (2015-2023) // Management Consulting. – 2023. – No. 8. – P. 9-23.
16. Aizeki M., Boyce, G., Miller T., Nevins J., Ticktin M. Smart Borders or a Humane World? // The Immigrant Defense Project’s Surveillance, Tech & Immigration Policing Project and the Transnational Institute. – 2021.
17. Bradley M. et al. Whither the Refugees? International Organizations and «Solutions» to Displacement, 1921-1960 // Refugee Survey Quarterly. – 2022. – Vol. 41, No. 2. – Pp. 159-195.
18. Buggle J., Mayer T., Sakalli S. O., Thoenig M. The Refugee’s Dilemma: Evidence from Jewish Migration out of Nazi Germany // The Quarterly Journal of Economics. – 2023. – Vol. 138, No. 2. – Pp. 1273-1345.
19. Byrne R., Gammeltoft-Hansen T. International refugee law between scholarship and practice // International Journal of Refugee Law. – 2020. – Vol. 32, No. 2. – Pp. 181-199.
20. Campos-Delgado A. Abnormal bordering: control, punishment and deterrence in Mexico’s migrant detention centers // The British journal of criminology. – 2021. – Vol. 61, No. 2. – Pp. 476-496.
21. Costello C., Mann I. Border justice: migration and accountability for human rights violations // German Law Journal. – 2020. – Vol. 21, No. 3. – Pp. 311-334.
22. Croucher S. M. et al. Refugee Crisis in the European Union // Migration and Media in Finland: Perceptions and Depictions of Natives, Immigrants and Refugees. – 2021. – Pr. 7-24.
23. Eylemer S., Soylemez N. Policy versus praxis: Has the European Union failed to respond to the refugee crisis? // World Affairs. – 2020. – Vol. 183, No. 4. – Pp. 315-342.
24. Harley T. Refugee participation revisited: The contributions of refugees to early international refugee law and policy // Refugee Survey Quarterly. – 2021. – Vol. 40, No. 1. – Pp. 58-81.
25. Loescher G. Refugees: a very short introduction. – Oxford University Press, 2021. – 673 RUR
26. Matthews T. How the World Allowed Hitler to Proceed with the Holocaust: Tragedy at Evian // How the World Allowed Hitler to Proceed with the Holocaust. – 2021. – Pp. 1-256.
27. Melander G. The concept of the term “refugee” // Refugees in the age of total war. – Routledge, 2021. – Pp. 7-14.
28. Musch S., Heyen A. The Bermuda conference in April 1943: allied politics, Jewish organizations, and the emergence of the international migration regime // Holocaust Studies. – 2023. – Pp. 1-18.
29. Neumann K. et al. Uses and abuses of refugee histories // Refugee Journeys: Histories of Resettlement, Representation and Resistance. – ANU Press, 2021.
30. Oberman K. Refugee discrimination – the good, the bad, and the pragmatic // Journal of Applied Philosophy. – 2020. – Vol. 37, No. 5. – Pp. 695-712.
31. Smieszek M. The Conflicted Making of International Refugee Law // The Evolving Psyche of Law in Europe: The Psychology of Human Rights and Asylum Frameworks. – Cham: Springer International Publishing, 2021. – Pp. 95-123.
32. Wondreys J. The “refugee crisis” and the transformation of the far right and the political mainstream: the extreme case of the Czech Republic // East European Politics. – 2021. – Vol. 37, No. 4. – Pp. 722-746.
INTERNATIONAL PUBLIC LAW
ZAIGRAEVA Olga Vyacheslavovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty, Faculty of Law, Russian State University for the Humanities
POTAPOVA Polina Alexandrovna
magister student of Constitutional and international law sub-faculty, Faculty of Law, Russian State University for the Humanities
THE RUSSIAN CONTINENTAL SHELF IN THE ARCTIC: BACKGROUND OF THE ISSUE AND PROSPECTS FOR EXPANSION (Part 1)
The fate of the continental shelf, especially beyond the limits of national jurisdiction, is currently being discussed and decided, as a rule, without the involvement of important legal and interdisciplinary factors. The legal contribution of coastal states, in particular, Russia, to the discovery and development of the Arctic space is ignored. The concept of the Arctic space belonging to all the states of the world has actually replaced the principle of its “sectoral division”. Special legal problems for coastal States arise today in relation to the extended KSH (beyond 200 miles), their solution should be based on consideration of established national and international norms. Results: the analysis of the international legal framework, domestic and foreign doctrinal studies has shown the incompleteness of the process of clarifying the boundaries of the extended KSH. This circumstance creates conditions for the emergence of new challenges and threats from non-Arctic States. The sectoral division of the Arctic space is historically established and meets the interests of Russia. Conclusions: historically, the delimitation of the Arctic space was carried out within the framework of the sectoral principle. An analysis of the international legal framework, domestic and foreign doctrinal studies, has shown the incompleteness of the process of clarifying the boundaries of the expanded KSH, caused, among other things, by the historical rejection of the sectoral principle of delimiting the Arctic region.
Keywords: arctic space, extended continental shelf, maritime delimitation, delimitation, Arctic sector.
Article bibliography
1. Vylegzhanin A. N., Molodtsova E. S., Dudykina I. P. Foreign studies of the law applicable to the delineation and delimitation of the Arctic shelf // Moscow Journal of International Law. – 2015. – No. 3 (99). – P. 11-14.
2. Labut D. A. Legal status of the Commission on the Limits of the Continental Shelf: dis. … candidate of legal sciences. – M.: MGIMO Ministry of Internal Affairs of the Russian Federation, 2018. – 32 p.
3. Lukin V. V. “Polar possessions of the USSR” – lost illusions or a historical example of the expansion of Soviet Arctic territories” / Polar readings – 2022 // International cooperation in the Arctic and Antarctic: history and modernity: materials of the 10th scientific and practical conference with international participation (St. Petersburg, May 18-20, 2022). – M .: Paulsen, 2023. – 448 p.
4. Mordvinova T. B., Skaridov A. S., Skaridova M. A. Polar law: monograph / Ed. Doctor of Law, Candidate of Military Sciences, Professor A. S. Skaridova. – M.: Justice, 2017. – 398 p.
5. Poval L. M. International legal problems of the division of economic spaces of the Arctic // Arctic and North. – 2011. – No. 3. – P. 1-15.
6. Ana Paula Lamas Ovando “Delimitation and determination of the external margin of the continental platform much like all of 200 M. On the processes of distinction” // Anuario Mexicano de Derecho International. – 2018. – Vol. XVIII. – P. 65-104.
7. Mossop Joanna. The Continental Shelf Beyond 200 Nautical Miles: Rights and Responsibilities. – Oxford University Press, 2016. – P. 203-215.
INTERNATIONAL PUBLIC LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
PROSPECTS AND PROBLEMS OF RUSSIA’S INTERNATIONAL COOPERATION IN THE FIELD OF INFORMATION SECURITY
In the modern information age, ensuring information security is crucial for maintaining the functional stability of government institutions, business structures, and socio-economic systems in general. Despite the enormous advantages of digital technologies, their rapid development has given rise to many new threats, such as cyber attacks, theft of confidential data and misuse of information resources. In this regard, public authorities are faced with the task of developing and optimizing effective tools for protecting the information space. The Russian Federation is one of the leading countries in the international arena in the field of developing strategies and methods aimed at strengthening information security. The main vectors of this activity are the development and adaptation of the regulatory framework, the promotion of the creation and testing of domestic innovations, as well as the international promotion of initiatives aimed at setting global standards in the field of cybersecurity.
Keywords: international law, digital technologies, cyber attacks, international cooperation, problems.
Bibliographic list of articles
1. Komov S. A. International information security: world diplomacy. M., 2009. 264 p.
2. Kosov Yu. V. Features of geopolitical processes in Central Europe // Management consulting. 2009. No. 3. P. 91-97.
3. Kosov Yu. V., Plotnikov V. A. On the way to a new partnership in Eurasia // Management consulting. 2012. No. 1. P. 223-226.
INTERNATIONAL PRIVATE LAW
KABANTSOVA Elizaveta Yurjevna
student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
RYPALOVA Alina Alexandrovna
student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
HISTORICAL BACKGROUND AND MODERN REASONS FOR THE INCREASING ROLE OF INTERNATIONAL TRADE CUSTOMS IN THE FIELD OF CROSS-BORDER TRADE RELATIONS
The article is devoted to the influence of trade customs on cross-border trade relations. The author considers the question of the main historical prerequisites for such influence by analyzing the period of formation of trade customs as a source of private international law. In the course of the work, the author addresses the issue of the current state of development of trade customs, including addressing the issues of the spread of trade customs in the Russian Federation. In conclusion, the author concludes that within the framework of the current state of cross-border trade relations, trade customs acquire special importance in view of: the weakening of state regulation of foreign trade relations, as well as the general dynamic transformation of such relations.
Keywords: trade law, trade custom, cross-border relations, trade relations, private international law, international relations
Article bibliography
1. Belov V. A. Trade customs as sources of international trade law: content and application // Jurisprudence. – 2013. – No. 1 (306). – P. 58-107.
2. Majorina M. V. Network paradigm of international private law: outlining the concept // Actual problems of Russian law. – 2019. – No. 4. – P. 140-160.
3. Efimova L. G. Types of legal relations arising on the blockchain platform // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 1 (8). – P. 16-26.
4. Code of customs and rules of the terminals of OJSC Murmansk Commercial Sea Port and CJSC Agrosfera // Murmansk Commercial Sea Port. [Electronic resource]. – Access mode: http://www.portmurmansk.ru/index.phtml760. (date accessed: 11/24/2024).
5. Glinshchikova T. V. International legal regulation of factoring activities // Essays on the latest cameralistics. – 2012. – No. 2. – P. 42-44.
INTERNATIONAL PRIVATE LAW
NEBIERIDZE David Nikolaevich
student, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor of International private and business law sub-faculty, I. T. Trubilin Kuban State Agrarian University, Krasnodar
BASIC CONCEPTS OF LEGAL LIABILITY OF TRANSNATIONAL CORPORATIONS
In the article, the authors present an analysis of the current legal status of one of the most important institutions of corporate law – the liability of transnational corporations. The main approaches to determining the legal liability of transnational corporations and their compliance with the trends in the development of transnational law as a component of the global legal system are studied. The article analyzes the current state of international and national legislation in the field of liability of TNCs. Difficulties in establishing jurisdiction, contradictions in the legislation of different countries, as well as problems with law enforcement and access to justice are considered. Based on the consideration of the main problems associated with transnational corporations, the authors form proposals for overcoming them.
Keywords: transnational law, transnational corporation, subsidiary, parent company, legal liability, branch, doctrine of international private law, legislative regulation.
Article bibliography
1. Aristova E. A. Liability of transnational corporate groups: theory and practice. Moscow, 2014. Page 29.
2. Inshakova A. O. Unification of corporate regulation in the European Union and the Commonwealth of Independent States: author’s abstract. diss. … doctor of law. Moscow, 2008. Page 84.
3. Doronina N. G., Semilyutina N. G. International private law and investments: Scientific and practical research. M., 2011. Page 35 @@ Korolev A. E. Transnational corporations as subjects of international private law: author’s abstract. dis. … candidate of legal sciences. Saratov, 2001. Page 30.
4. Doronina N. G., Semilyutina N. G. International private law and investments: Scientific and practical research. M., 2011. Page 35 @@ Korolev A. E. Transnational corporations as subjects of international private law: author’s abstract. dis. … candidate of legal sciences. Saratov, 2001. Page 30.
5. Sutormin N. A. Protection of the rights of an investor in a transnational corporation: author’s abstract. dis. … candidate of legal sciences. M., 2010. P. 37-44.
INTERNATIONAL PRIVATE LAW
MOSKVITIN Yuriy Mikhaylovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PARTY AUTONOMY IN THE REGULATION OF HEREDITARY RELATIONS COMPLICATED BY A FOREIGN ELEMENT
The article analyzes the possibility of choosing the law in regulating inheritance relations complicated by a foreign element. The approaches to regulating inheritance relations are studied. The absence of a generally accepted approach, as well as the imperfection of the most commonly used ones, are stated. It is concluded that the use of party autonomy in the framework of regulating inheritance relations complicated by a foreign element is a compromise way to regulate these relations which allows minimizing the costs of more inflexible approaches. The need to limit party autonomy in matters of inheritance in general is confirmed. However, the approach that limits the number of possible legal systems to choose from is considered negatively.
Keywords: party autonomy, conflict of laws, choice of law, inheritance relations, public order.
Article bibliography
1. Bazedov Yu. Autonomy of will in regulating international relations. Towards a general course of international private law. – M .: Norma: Infra-M, 2019. – 136 p.
2. Voitovich E. P. Inheritance of a compulsory share in international private law // Inheritance law. – 2018. – No. 3. – P. 40-44.
3. Voytovich E. P. Norms of direct application in international family law // International public and private law. – 2021. – No. 3. – P. 13-16.
4. Getman-Pavlova I. V. Private international law: a textbook for universities / 6th ed., revised and enlarged. – M .: Yurait Publishing House, 2025. – 245 p.
5. Zasemkova O. F. Super-mandatory norms of private international law: concept, features, practice of application: dis. … Cand. of Law. – M., 2017. – 250 p.
6. Kanashevsky V. A. Private international law: textbook. – 4th ed. revised and enlarged. – M.: International Relations, 2019. – 1064 p.
7. Malkin O. Yu. Autonomy of will in conflict regulation of inheritance relations // Civil law. – 2006. – No. 4. – P. 27-29.
8. Movsisyan A. T. Autonomy of will in international private law // Bulletin of the Moscow Humanitarian and Economic Institute. – 2019. – No. 3. – P. 140-147.
9. Rozhkova K. O. Limitations on the autonomy of the will of the parties in choosing the applicable law in economicrelations complicated by a foreign element // Actual problems of Russian law. – 2018 – No. 6. – P. 153-161.
10. Whytock C. A. Myth of Mess-International Choice of Law in Action // NYUL Rev. – 2009. – T. 84. – P. 719-790.
INTERNATIONAL PRIVATE LAW
LIN Peiyuan
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
E-COMMERCE AND THE TRANSITION TO DIGITAL CUSTOMS REGULATION: PROBLEMS AND PROSPECTS
The relevance of the study lies in the fact that traditional methods of customs management do not fully cope with the growing load and complexity of commodity flows, which necessitates the introduction of modern digital solutions.
The research goal is to identify the main problems and prospects of the transition to digital customs regulation in the context of the development of e-commerce.
The research objectives are: analysis of the current regulatory framework governing customs clearance of goods; study of international experience in the digital transformation of customs services; identification of the main problems and obstacles to the introduction of digital technologies in customs regulation.
The methodology includes the analysis of regulatory legislation and scientific publications on the topic of the study, statistical analysis of the volume of e-commerce, a comparative analysis of the experience of countries in the field of digital customs regulation. The study also used the historiographical analysis of the scientific discourse of the topic, the formal-logical method, systematization and generalization.
Based on the results, the following conclusions were formulated: the transition to digital customs regulation in the era of e-commerce is not only a challenge, but also a significant opportunity to optimize processes and increase efficiency. However, to achieve the maximum impact, a number of key factors need to be considered, such as integration with existing systems and data security in the field of customs regulation of e-commerce.
Keywords: digital economy, customs regulation, e-commerce, national legislation, globalization.
Article bibliography
1. Ageyev N. A. Modern problems of customs regulation of digital commerce // Humanitarian vector. – 2024.- No. 1. – P. 78-92.
2. Bobrova O. G., Krutova S. A., Kozhankov A. Yu. International legal aspect of customs regulation of paperless cross-border trade // Bulletin of the Russian Customs Academy. – 2018. – No. 3. – P. 88-122.
3. Dancheeva A. A., Kazmina K. A., Cherekaev M. V. Problems and recommendations for regulating the cross-border movement of goods in the framework of e-commerce in the EAEU and Russia // Bulletin of Foreign Economic Activity of Russia. – 2021. – No. 12. – P. 99-108.
4. Kurnikov E. V. Customs administration of cross-border commodity flows of the global economy // Public and municipal administration. Scientific notes. – 2019. – No. 4. – P. 44-59.
5. Lebedev A. S. Problems of legal regulation of cross-border e-commerce in the Eurasian Economic Union // Eurasian integration: economics, law, politics. – 2020. – No. 2 (32). – P. 3-14.
6. Maslova Zh. N. International standards of electronic commerce and prospects for their implementation in the customs service of the Russian Federation // Bulletin of the Russian Customs Academy. – 2020. – No. 4. – P. 48-54.
7. Berch V. Legal regulation of e-commerce: international and national standards // Herald Series Law. – 2024. – No. 2. – P. 11-16.
8. Egerstein N. New trends in international law of customs regulation // Humanitarian studies. – 2022. – No. 1. – P. 105-111.
9. Fangyan Zheng, Yunlong Zhu. Intellectual Property Risks and Countermeasures in Cross-Border E-Commerce // International Law. – 2024. – No. 1. – P. 66-79.
10. Idam I., Patrick O., Moneme Ch., Akpa T. The Impact of Global Logistics Disruptions on Cross-border E-Commerce Performance: Evidence from Nigeria // Journal of Economics and Trade. – 2021. – No. 9 (1). – R. 15-31.
11. Official website of the World Trade Organization. Retrieved. [Electronic resource]. – Access mode: http://www.wcoomd.org/en/topics/facilitation/instrument-and-tools/frameworks-of-standards/ecommerce.aspx (access date: 02/12/2025).
12. Regulation (EU) 2016/679 Of the European Parliament And Of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF /?uri=CELEX:32016R0679 (date of access: 02.12.2025).
13. The work program on electronic commerce. Retrieved. [Electronic resource]. – Access mode: https://www.wto.org/english/tratop_e/ecom_e/ecom_work_programme_e.html (accessed on 02/14/2025).
14. Vog Yong, Dong San. Innovations in electronic settlements and the problem of customs regulation of international electronic transactions // Modern economy. – 2024. – No. 8. – P. 55-67.
INTERNATIONAL PRIVATE LAW
LIU Yuan
master’s degree (political problems of international relations and global and regional development (code 23.00.04)), of International relations sub-faculty, Faculty of International Relations, Belarusian State University
NORTH AFRICA IN CHINA’S “BELT AND – ROAD INITIATIVE”
The Belt and Road Initiative (BRI), launched by China in 2013, has significantly influenced North Africa’s economic and geopolitical landscape. As a vital corridor connecting Asia, Africa, and Europe, North Africa holds strategic importance for China’s global ambitions. This paper explores China’s investments and partnerships in North African countries, focusing on infrastructure development, trade expansion, and energy cooperation. The study also analyzes the geopolitical implications of China’s growing presence in the region, including its impact on regional stability, diplomatic relations, and competition with Western powers. Furthermore, it discusses the challenges faced by both China and North African nations in implementing BRI projects, including political risks, debt concerns, and local resistance. The paper concludes by evaluating the potential long-term consequences of this cooperation for North Africa’s economic growth and China’s influence in the region.
Keywords: “Belt and – Road Initiative”, North Africa, China, Infrastructure Development, Trade, Energy Cooperation, Geopolitics, Economic Growth, Diplomacy, Regional Stability.
Bibliographic list of articles
1. Dorraj M. The Belt and Road Initiative and China’s Expanding Ties with West Asia and North Africa. – 2023. [Electronic resource]. – Access mode: https://api.taylorfrancis.com/content/chapters/edit/download?identifierName=doi&identifierValue=10.4324/9781003048404-7&type=chapterpdf.
2. Dzekashu W. G., Anyu, J. N. China Belt and Road Initiative: Give-and-Take of Infrastructure Development in the North Africa Subregion, 2021.
3. Kamel M. S. China’s Belt and Road Initiative: Implications for the Middle East. – 2018. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/abs/10.1080/09557571.2018.1480592.
4. Ghafar A. A. China and North Africa: Between Economics, Politics and Security, 2021.
5. Van der Merwe J. The One Belt One Road Initiative: Reintegration Africa and the Middle East into China’s System of Accumulation. – 2019. [Electronic resource]. – Access mode: https://link.springer.com/chapter/10.1007/978-3-319-92201-0_8.
6. Kamel M. S. China’s Belt and Road Initiative: Implications for the Middle East. – 2018. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/abs/10.1080/09557571.2018.1480592.
7. Forough M. Intervention with Chinese Characteristics: The Belt and Road Initiative Reconfiguring (Afro-) Eurasian Geo-economics. – 2019. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/pdf/10.1080/14678802.2019.1608023.
8. Zou L. The Political Economy of China’s Belt and Road Initiative. – 2018. [Electronic resource]. – Access mode: https://www.worldscientific.com/doi/pdf/10.1142/9789813222663_0001.
9. Ghafar A. A., Jacobs A. L. China in the Mediterranean: Implications of Expanding Sino-North Africa Relations. – 2020. [Electronic resource]. – Access mode: https://www.brookings.edu/wp-content/uploads/2020/07/FP_20200720_china_mediterranean_ghafar_jacobs.pdf.
10. Yu H. China-Turkey Strategic Docking and Cooperation under the Belt and Road Initiative: Progress, Challenges and Prospects. – 2021. [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/abs/10.1080/25765949.2021.1928411.
11. Zoppolato D. G., Jiang S. China-MENA Energy Cooperation under the Belt and Road Initiative: Megaprojects, Economic Planning, and a Pragmatic Approach to the ‘Green’ Transition. – 2023. [Electronic resource]. – Access mode: https://academic.oup.com/jwelb/article-abstract/16/2/143/6843288.
THEORY OF STATE AND LAW
BAMATKIRIEVA Selikhat Khasanovna
junior researcher of the Center for legal studies, Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
LEGAL TECHNOLOGY: SCIENTIFIC APPROACHES TO THE DEFINITION OF THE CONCEPT
This article discusses approaches to defining the concept of legal technology, its essence and content, as well as the relationship between legal technology and legal technique. Based on the analysis of various points of view, the author identifies the main features of legal technology and suggests its author’s definition as a systemic polystructural legal education that includes legal technology (a set of tools, as well as techniques, rules, methods, and methods of their application by authorized entities), as well as strategies and tactics for the implementation of procedural and other organizational actions in order to obtain the most effective result of legal activity in all its varieties.
Keywords: legal technology, legal technology, legal activity, law enforcement, judicial law enforcement, law enforcement technology.
Article bibliography
1. Arzamasov Yu. G. The nature of legal activity // Leningrad Law Journal. – 2007. – No. 3-9. – P. 33-52.
2. Baranov V. M. Preface // Problems of legal technology: collection of articles / Ed. V. M. Baranov. – N. Novgorod, 2000.
3. Vlasenko N. A. Legal technique as a complex system of knowledge // Doctrinal foundations of legal technique. – M.: Jurisprudence, 2010. – P. 151-166.
4. Kartashov V. N. Legal technologies: origins and individual promising areas of research in the 21st century by representatives of the Yaroslavl law school // Demidov Law Journal. – 2023. – Vol. 13, No. 1. – P. 9-17.
5. Kodan S. V. Technologies in the methodology of legal research: understanding, place, structure // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. Legal Science and Practice. – 2021. – No. 2 (54). – P. 36-41.
6. Kolesnik I. V. Classification of law enforcement technologies // Science. Thought. – 2016. – Vol. 6, No. 3. – P. 122-127.
7. Kolesnik I. V. Legal technique and legal technology in the doctrine of Soviet law // Science. Thought. – 2016. – Vol. 6, No. 3. – P. 34-44.
THEORY OF STATE AND LAW
ZORINA Natalya Vladimirovna
chairperson of the St. Petersburg Bar Association “GAVEL LEGAL” St. Petersburg Bar Association
KANT’S CONCEPT OF FREE WILL AS A SYNTHESIS OF PHILOSOPHICAL, THEOLOGICAL AND LEGAL CONTENT IN THE DOCTRINE OF MAN
Developing a new paradigm of legal thinking based on the idea of freedom, I. Kant actualizes in legal discourse the doctrine of free will, developed in ancient philosophy and in Christian patristics. Kant’s lasting merit should be considered his proof that reason cannot conceive of the possibility of a moral and/or law-abiding act without reference to the idea of absolute freedom of man, to the idea of the immortality of the soul, and ultimately to the idea of God. But at the same time, in the very interpretation of this idea, he does not go beyond the principle of subjectivism. God in Kant’s philosophy acts only as an external guarantor of morality and law. This limitation is overcome in the subsequent development of classical philosophy of law.
Keywords: Kant, freedom, free will, philosophy, theology, morality, law.
Article bibliography
1. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The relationship between the idea of absolute good and human freedom in the philosophy of law of F. M. Dostoevsky // Legal science: history and modernity. – 2021. – No. 6. – P. 176-181.
2. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The Idea of Good in the Works of F. M. Dostoevsky and its Influence on the Development of the Philosophy of Law (on the 200th Anniversary of F. M. Dostoevsky) / Introductory Remarks by Professor A. Alexandrov. Investigative Committee of the Russian Federation. – St. Petersburg: University Foundation, 2021. – 380 p.
3. Verkhovodov E. V., Salnikov V. P., Romanovskaya V. B. “Natural Law” and “Virtue” in the Works of Aristotle // Legal Science: History and Modernity. – 2015. – No. 8. – P. 201-208.
4. Denisov AM, Ismagilov IR, Maslennikov DV Hegel and Savigny: the formation of the idea of historicism in law // Legal science: history and modernity. – 2017. – No. 3. – P. 181-185.
5. Dmitrieva N. A. Russian neo-Kantianism: “Marburg” in Russia. Historical and philosophical essays. – M .: Russian Political Encyclopedia (ROSSPEN), 2007. – 512 p.
6. Goodness, trust, justice in philosophical and legal thought: antiquity and modernity: monograph / Under the general editorship of V. P. Salnikov; I. A. Ananskikh, E. V. Vinogradova, I. N. Gribov, M. Yu. Gutman, S. I. Zakhartsev, N. V. Zorina, S. V. Ignatieva, I. R. Ismagilov, R. F. Ismagilov, A. Yu. Kiyko, G. N. Krizhanovskaya, O. Yu. Lezhneva, S. G. Lysenkov, A. A. Maksimov, D. V. Maslennikov, A. I. Morozov, S. A. Novozhilov, P. A. Petrov, K. G. Prokofiev, V. P. Salnikov, M. V. Salnikov, S. P. Salnikov, O. E. Starovoitova, A. A. Utyuganov, A. G. Khabibulin. – SPb.: St. Petersburg Military Order of Zhukov Institute of the National Guard Troops, University Foundation, 2022. – 463 p.
7. Dostoevsky F. M. Complete Works in Thirty Volumes / USSR Academy of Sciences, Institute of Russian Literature (Pushkin House). – T. 24. Writer’s Diary for 1876. November-December. – L.: Science. Leningrad Branch, 1982. – 514 p.
8. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. On the Importance of the Logical Form of Philosophy for Understanding the Nature of the Absolute in Law // The World of Politics and Sociology. – 2018. – No. 2. – P. 178-187.
9. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. Logos of Law: Parmenides – Hegel – Dostoevsky. On the Speculative-Logical Foundations of the Metaphysics of Law. – 2nd edition. – M.: Norma: INFRA-M, 2024. – 447 p.
10. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. Formation of the Logos of Law in Ancient Philosophy // The World of Politics and Sociology. – 2018. – No. 3-4. – P. 164-176.
11. Zorina N. V. The Problem of Free Will as the Basis of Law in the Teachings of Thomas Hobbes // The World of Politics and Sociology. – 2018. – No. 7-8. – P. 184-191.
12. Zorina N. V., Ismagilov I. R., Prokofiev K. G. On the Role of Kant in the Development of the Methodology for Studying the Essence of Personal Freedom as the Basis of Law and Morality // Legal Science: History and Modernity. – 2019. – No. 2. – P. 174-178.
13. The Idea of Freedom. Law. Morality (Classical and Postclassical Philosophy of Law): monograph / Edited by Dr. of Law S. I. Zakhartsev; I. A. Ananskikh, I. N. Gribov, S. I. Zakhartsev, N. V. Zorina, I. R. Ismagilov, O. A. Klimenko, O. Yu. Lezhneva, S. F. Mazurin, B. V. Makov, D. V. Maslennikov, A. K. Mirzoev, P. A. Petrov, E. A. Polivko, K. G. Prokofiev, O. V. Pyleva, V. P. Salnikov, M. V. Salnikov, F. O. Chudin-Kurgan. – M.: Yurlitinform, 2020. – 288 p.
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15. Ismagilov R. F., Salnikov V. P. The Search for Empirical Foundations of Justice and Law in the Works of Thomas Hobbes, John Locke, Charles Montesquieu and Jean-Jacques Rousseau // The World of Politics and Sociology. – 2016. – No. 10. – P. 38-44.
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18. Kant I. Foundations of the Metaphysics of Morality. Critique of Practical Reason. Metaphysics of Morals. – St. Petersburg: Nauka, 1995. – 528 p.
19. Kuznetsov P., Salnikov V. P., Maslennikov D. V., Prokofiev K. G. Immanuel Kant on the Moral Foundations of the State and its Relationship to the Church as an “Ethical Community” (On the 300th Anniversary of the Philosopher) // Theory of State and Law. – 2024. – No. 1 (35). – P. 166-187.
20. Political and Legal Management and Threats to State Sovereignty: Monograph / Ed. by V. P. Salnikov. – 2nd ed., corrected. and add. – Moscow: INFRA-M, 2024. – 423 p.
21. Salnikov V. P., Ismagilov R. F., Maslennikov D. V., Zakhartsev S. I., Salnikov M. V. Immortality of the soul as a core idea in F. M. Dostoevsky’s teaching on law and morality // Legal science: history and modernity. – 2021. – No. 5. – P. 179-192.
22. Salnikov V. P., Maslennikov D. V., Prokofiev K. G. The meaning of the difference in the approach of I. Kant and I. G. Fichte to the task of deduction of law and morality // Legal science: history and modernity. – 2018. – No. 4. – P. 185-192.
23. Philosophical and legal knowledge: current problems. Monograph / Under the general ed. V. P. Salnikova; Ananskikh I. A., Vinogradova E. V., Vikhrov A. A., Gutman M. Yu., Zakhartsev S. I., Zorina N. V., Ignatieva S. V., Ismagilov R. F., Kiyko A. Yu., Klimenko O. A., Krizhanovskaya G. N., Lysenkov S. G., Maslennikov D. V., Mirzoev A. K., Morozov A.I., Novozhilov S.A., Petrov P.A., Prokofiev K.G., Salnikov V.P., Salnikov M.V., Salnikov S.P., Starovoitova O.E., Tretyakov I.L., Utyuganov A.A., Khabibulin A.G. – St. Petersburg: St. Petersburg Military Order of Zhukov Institute of Troops National Guard of the Russian Federation, University Foundation, 2022. – 417 p.
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THEORY OF STATE AND LAW
SUKHORUKOV Vladimir Anatoljevich
Ph.D. in pedagogical sciences, professor of Philosophy sub-faculty, Volgograd Academy of the MIA of Russia
GLADKOV Dmitriy Viktorovich
senior lecturer of Physical and fire training sub-faculty, Volgodonsk branch, Rostov Law Institute of the MIA of Russia
MIKHAYLOV Sergey Nikolaevich
Ph.D. in philosophical sciences, associate professor of Law and social and humanitariandisciplines sub-faculty, Volgograd State Agrarian University
RIGHTS AND RESPONSIBILITIES OF THE INDIVIDUAL UNDER THE RULE OF LAW: SOCIO-POLITICAL AND CULTURAL FACTORS
The purpose of this article is to examine and consider the nature of rights, responsibilities and the duty of the individual to obey the law in force. The fundamental question in this regard is to what extent citizens should be forced to obey the law, and what factors have a decisive influence on the relationship between these concepts. The paper attempts to answer the question of whether it is possible to disobey certain laws for the sake of achieving a higher ideal or protecting human rights. Theoretical and practical developments by domestic and foreign researchers are analyzed. Various options for the relationship between the rights and responsibilities of an individual are considered using practical examples of civil disobedience and the rule of law.
Keywords: human rights, rule of law, disobedience, social connections, career paths, political structure, legal culture, economic conditions.
Article bibliography
1. David R. The main legal systems of our time / Translated from French and introductory article by V. A. Tumanov. – Moscow: Progress, 1988. – 496 p.
2. Voitov A. V., Gladkov D. V. Career paths of the political elite in the context of instability of the legal society // Eurasian Law Journal. – 2020. – No. 8 (147). – P. 379-381.
3. Hayek F. A. von Law, Legislation and Liberty A new statement of the liberal principles of justice and political economy. – Vol. 1. Rules And Order. – 1973. – Reprinted by Routledge. – London, 1993, 1998. – 180 p.
4. Hayek F. A. von New studies in philosophy, politics, economics and the history of ideas / F. A. Hayek. – London, Henley: Routledge & Kegan Paul, 1978. – Reprinted by Routledge, – London, 1999. – Pp. 105-119.
5. Rawls D. Theory of Justice / John Rawls; scientific editor V. V. Tselishchev [translated from English. V. V. Tselischev with the participation of V. N. Karpovich and A. A. Shevchenko]. – Novosibirsk: Publishing house of Novosibirsk University, 1995. – 534 p.
6. Rawls D. Theory of Justice / Transl. from English. And foreword by V. V. Tselischev 3rd ed. – M .: URSS: LENAND, 2017. – 536 p.
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8. Voitov A. V., Gulomov O. N. Truth for sociology in postmodern society // Scientific knowledge and truth: historical, philosophical, socio-economic and legal aspects. Proceedings of the International scientific and practical conference dedicated to the memory of Professor E. M. Fradlina. – Volgograd, 2020. – P. 64-68.
THEORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty, North-Western Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
THE INFLUENCE OF NON-TRADITIONAL RELIGIOUS ORGANIZATIONS ON THE SPIRITUAL LIFE OF RUSSIAN SOCIETY
The article examines the problem of the influence of non-traditional religious organizations on the spiritual life of modern Russian society. It analyzes the historical development of Russia’s religious landscape, the reasons for the popularity of non-traditional religious movements, their classification, and operational characteristics. The article examines sociological data for the period 2022-2024, reflecting the dynamics of the spread of non-traditional religious associations in various regions of the country. The main problems associated with the activities of these organizations have been identified, including the risks of manipulative influence, destructive practices, and human rights violations. Possible ways to regulate the activities of non-traditional religious organizations are proposed, taking into account the balance between freedom of religion and ensuring the security of society.
Keywords: non-traditional religious organizations, new religious movements, spiritual life, religious pluralism, religious identity, destructive cults, Russian society.
Article bibliography
1. Vasilyeva E. N. Non-traditional religious organizations: classification and research methodology // Religious studies. – 2022. – No. 2. – P. 45-58.
2. Kanterov I. Ya. New religious movements in Russia: sociological analysis. – M.: Moscow State University Publishing House, 2020. – 276 p.
3. Pchelintsev A. V. Legal regulation of the activities of non-traditional religious organizations: problems and prospects // State and Law. – 2023. – No. 5. – P. 78-92.
4.Kanterov I. Ya. Evolution of non-traditional religious organizations in post-Soviet Russia // Issues of Religious Studies. – 2021. – No. 3. – P. 112-127.
5. Smirnov M. Yu. Religious identity in modern Russian society // Sociological studies. – 2023. – No. 2. – P. 34-46.
6. Sinelina Yu. Yu., Filatov S. B. Religious situation in Russia: 2022-2024. Analytical report. – Moscow: Institute of Sociology of the Russian Academy of Sciences, 2024. – 183 p.
7. Mchedlov M. P., Elbakyan E. S. Motivation of religious choice in modern Russia: results of a sociological study // Religious Studies. – 2023. – No. 4. – P. 67-81.
THEORY OF STATE AND LAW
VARTANYAN Samvel Garikovich
postgraduate student of Theory and history of state and law sub-faculty, G. R. Derzhavin Tambov State University
EFFECTIVENESS OF LEGAL LIABILITY MEASURES FOR VIOLATION (DEROGATION) OF A RELATIVE PUBLIC SUBJECTIVE RIGHT
This paper emphasizes the importance of qualification of subjective rights and obligations in the system of public-law relations. The need to consider subjective rights arising in this area as relative rights is determined, which can be evidence of a high level of democracy of society. Problems of protection of subjective relative public rights are raised and from these positions the mechanism of administrative justice operating in the modern state is characterized. The article also discusses the development of administrative process in the Russian legal system as a form of protection of relative subjective public rights and assesses the role in this mechanism of the Code of Administrative Proceedings of the Russian Federation adopted in 2015. The key conclusion is that the relative nature of public subjective rights contributes to more effective legal protection, as it allows to specifically identify the responsible person and eliminates the declarative nature of the subjective right. This contributes to the realization of the foundations of the rule of law, in which human rights and freedoms are the highest value.
Keywords: public law, subjective right, relative right, declarativity, obliged person, administrative proceedings, democracy, defense mechanism.
Bibliographic list of articles
1. Glukhareva L. I. Subjective rights, fundamental rights, human rights: unity and differences // Bulletin of the Russian State University for the Humanities. – 2009. – No. 11. – P. 50-61.
2. Kuznetsov A. N. The right of citizens to housing and the concept of “subjective public rights” // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 7. – P. 114-119.
3. Livshits R. Z. Modern theory of law: a short essay. – Moscow: IGPAN, 1992. – 92 p.
4. Pavlova L. V. Modern concept of human rights and freedoms and its interpretation by the Universal Declaration of Human Rights of 1948 // Belarusian Journal of International Law and International Relations. – 1998. – No. 5. – P. 5-14.
5. Starilov Yu. N. Administrative justice: theory, history, prospects. – Moscow: NORMA, 2001. – 292 p.
6. Ebzeev B. S. Constitutional legal order and basic duties: historical development, legal nature and features of regulation (I) // Citizen. Elections. Power. – 2017. – No. 3. – P. 5-29.
THEORY OF STATE AND LAW
VASILJEVA Tatyana Dmitrievna
postgraduate student of Theory and history of state and law sub-faculty, Kuban State University, Krasnodar
THE STRUCTURE OF LEGAL CONSCIOUSNESS OF CIVIL SERVANTS: KEY ELEMENTS AND PROFESSIONAL ASPECTS
The article examines the legal consciousness of civil servants as a complex system that includes legal ideology, legal psychology, and their key structural elements: cognitive, evaluative, volitional, behavioral, and socio-psychological.
Special attention is paid to the dynamic nature of legal consciousness, its deformations, and the role of legal stereotypes. The study concludes the importance of legal consciousness in improving the effectiveness of law enforcement activities and the quality of public service.
Keywords: legal consciousness, legal ideology, legal psychology, civil servants, professional activity, structure of legal consciousness.
Article bibliography
1. Akimova T. I. Legal consciousness of state civil servants: theoretical and legal analysis of modern trends: dis. … Cand. of Law. – M., 2013. – 222 p.
2. Bezrodnaya O. A. On the relationship between legal stereotypes and legal attitudes in the structure of mental legal consciousness // Legal problems of strengthening the Russian statehood: collection of articles. – Tomsk: Publishing house of Tomsk State University, 2011. – P. 27-29.
3. Groshevoy Yu. M. Professional legal consciousness of a judge and socialist justice. – Kharkov, 1986. – 185 s.
4. Dobrobaba M. B. On the issue of disciplinary policy as a direction of personnel policy in the civil service system // Legal policy and legal life. – 2020. – No. 3. – P. 62-68.
5. Dobrobaba M. B. Legal consciousness of a civil servant: concept and significance for ensuring the effectiveness of disciplinary liability // Legal Bulletin of the Kuban State University. – 2021. – No. 2. – P. 58-68.
6. Kvasha A. A. Legal attitudes of citizens: author’s abstract. dis. … candidate of legal sciences. – Volgograd, 2002. – 24 p.
7. Kurlaeva E. I. Features of the professional consciousness of lawyers // Works of the Orenburg Institute of Moscow State Law Academy. – Orenburg, 2012. – 74 p.
8. Soviet Encyclopedic Dictionary / Ed. A. M. Prokhorov. – 4th ed. Moscow: Soviet Encyclopedia, 1987. – 1600 p.
9. Khapchaev S. T. Phenomenon of Legal Stereotypes // Leningrad Law Journal. – 2008. – No. 2. – P. 209-216.
10. Chefranov V. A. Legal Consciousness as a Type of Social Reflection. – Kyiv: Vishcha Shkola Publishing House, 1976. – 210 p.
11. Kaugia S. Structure of Legal Consciousness // Juridica International. – 1996. – No. 1. – P.16-20.
THEORY OF STATE AND LAW
MANNANOV Artur Albertovich
postgraduate student of Theory and history of state and law sub-faculty, University of Management “TISBI”, Kazan
THE ROLE OF LEGAL AWARENESS AND LEGAL CULTURE IN INCREASING THE EFFECTIVENESS OF LEGAL REGULATION
The effectiveness of legal regulation is a key factor in ensuring the sustainability of the social and legal order. Insufficient effectiveness of regulatory legal acts can lead to negative social consequences, including an increase in offenses, the emergence and development of social groups in society that deny the importance of law in the state, a decrease in the level of trust in government and a violation of the principles of social justice. It is worth considering that the effectiveness of legal regulation is determined not only by the quality of legislation, but also by the level of legal awareness and legal culture of society, its individual layers and elements. A high level of legal culture contributes to the formation of a stable legal order, increases the legal activity of citizens and reduces the number of offenses committed.
This article examines the influence of legal awareness and legal culture on the effectiveness of legal regulation, analyzes the main problems and suggests ways to solve them.
Keywords: efficiency of legal regulation; legal culture; legal consciousness marginal legal consciousness.
Bibliographic list of articles
1. Kerimov A. D. Problems of the General Theory of Law and State: in 3 volumes. – M.: Modern Humanitarian University, 2001. – Vol. 1. – P. 83.
2. Pal’kina K. A., Safronov V. V. Legal consciousness of a citizen as one of the types of legal consciousness // Main trends in the development of Russian legislation. – 2013. – No. 8. – P. 12-13.
3. Vengerov A. B. Theory of State and Law: textbook for law schools, 3rd ed. – M.: Jurisprudence, 2000. – 528 p.
4. Vlasenko N. A. Theory of State and Law: textbook (2nd ed., revised, supplemented and corrected). – M.: Prospect, 2011. – P. 323-329.
5. Oksamytny V. V., Tsvetikova T. V. Legal culture of the individual as the basis for the formation of a legal state and law-abiding society // Modern scientist. – 2022. – No. 6. – P. 305-311.
6. Stepanenko R. F. Problems of Russian legal consciousness in the context of the general legal theory of marginality // Scientific notes of Kazan University. – 2013. – V. 155, No. 4. – P. 46-54.
7. Stepanenko R. F. General legal theory of marginality: main approaches and goals // State and Law. – 2015. – No. 5. – P. 30-39.
8. Stepanenko R. F., Khamidullina F. I. Goal-setting in law: general legal and theoretical-methodological problems // State and Law. – 2024. – No. 10. – P. 45-54.
9. Alekseev S. S. Theory of Law. – M.: Beck, 2005. – P. 57-58.
THEORY OF STATE AND LAW
NAZAROVA Irina Vladimirovna
postgraduate student of Theory of state and law sub-faculty, Institute of Law, Ufa University of Science and Technology
PECULIARITIES OF LEGAL REGULATION OF MEDICAL ACTIVITY IN FOREIGN COUNTRIES
Regardless of the fact that all states perform the same task of organizing the protection of the health of their citizens, each individual state has developed its own unique healthcare system over the entire period of its existence. A comparative analysis of the medical law of foreign countries allows us to identify the features of the main models of organization and functioning of healthcare systems in various countries in the world and draw attention to examples of existing codification of legislation in the field of healthcare.
Keywords: legal regulation in the field of health protection, medical code, health insurance system, health system models, private system, Semashko health care model, Bismarck health care model, Beveridge health care model.
Article bibliography
1. Official website of Rosstat of Russia. [Electronic resource]. – Access mode: http://www.gks.ru/.
2. Shibalkov I. P. Evaluation of the effectiveness of the organization of the health care system: foreign experience // Bulletin of Science of Siberia. 2016. No. 1 (20). P. 66-76.
3. Golovina N. A. Information and analytical support for the implementation of state policy in the field of healthcare // Institutions and mechanisms of innovative development: world experience and Russian practice: collection of scientific articles of the 7th International scientific and practical conference. / Responsible. editor A. A. Gorokhov. South-West State University (Kursk) October 19-20, 2017. 2017. P. 285-289
4. Babajanov D. B. Civil liability of doctors under the Law of the Republic of Tajikistan “On the Protection of Public Health” and the Health Code of the Republic of Tajikistan” // Bulletin of the Tajik State University of Law, Business and Politics. 2020. No. 3 (84). P. 94-100.
5. Dauletkhanova A. A. On the state and development of legislation on public health of the Republic of Kazakhstan // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2022. No. 4 (71). P. 76-84.
6. Yakunin V. I., Roik V. D., Sulashkin S. S. Social dimension of state economic policy [Text] / textbook. M.: Publishing house “Economy”, 2007. 208 p.
THEORY OF STATE AND LAW
RYABOVA Irina Olegovna
magister student, of the Law Faculty, N. I. Lobachevsky National Research Nizhny Novgorod State University
PROBLEMS OF AIR TRANSPORTATION OF ANIMALS IN THE CIS COUNTRIES (THEORETICAL AND LEGAL ASPECT)
The article discusses the problems of legal regulation of animal air transportation in the CIS countries. The author analyzes the existing rules and requirements for the transportation of animals by air, examines the rules of baggage transportation established by several airlines of the CIS countries. Based on the results of the analysis of legislation and law enforcement practice, possible changes are proposed to improve the legal status of animals during air transportation in the CIS countries.
Keywords: airline, baggage, air transportation agreement, pets, transportation of animals, CIS countries.
Article bibliography
1. Ryabova I. O. Features of the agreement on air transportation of animals in the Russian Federation // Journal “Law and Order”. – 2023. – No. 3 (39). – pp. 25-29.
THEORY OF STATE AND LAW
SIZOV Grigoriy Grigorjevich
postgraduate student of State-legal disciplines and digital law sub-faculty, Moscow University for Industry and Finance “Synergy”
INTERNATIONAL EXPERIENCE OF LEGAL REGULATION OF TELEMEDICINE: LESSONS FOR RUSSIA
This work provides a brief overview of the international experience in legal regulation of telemedicine and identifies key lessons for Russia. In conclusion, the main recommendations for improving Russian legislation in the field of telemedicine are outlined, taking into account both international experience and the specifics of the Russian healthcare system. The work aims to contribute to the development of the legal framework for telemedicine in Russia, ensuring patient safety and stimulating innovation in healthcare.
Keywords: telemedicine, legal regulation, international experience, Russia, healthcare.
Article bibliography
1. Varyushin M. S. Legal regulation of telemedicine in Russia and the EU: two steps forward and one back // Law. – 2018. – No. 1. – P. 165-174.
2. Zoloeva Z. T. Legal basis for digital transformation in Canada // Agrarian and land law. – 2019. – No. 12 (180). – pp. 248-250.
3. Chuchvara N., Patel R., Srivastava R., Reilly C., Rao B. The growth of teledermatology: expanding to reach the underserved. – Health policy and practice. – 2020. – No. 82 (4). – P. 1025-1033.
4. Bauer J., Ringel M. Telemedicine and the Reinvention of Healthcare: The Seventh Revolution in Medicine (Healthcare Informatics Executive Management). – N.Y.: McGraw-Hill, 1999. – P. 59-74.
5. Halpren-Ruder D., Chang A., Hollander J., Shah A. Quality Assurance in Telehealth: Adherence to Evidence-Based Indicators // Telemedicine and e-Health. – 2019. – No. 25 (7). – P. 599-603.
THEORY OF STATE AND LAW
SIROTKIN AlexanderAlexeevich
postgraduate student of Fundamental jurisprudence and international rights sub-faculty, G. B. Mirzoev Russian University of Advocacy and Notariat
TRANSFORMATION OF LEGAL CULTURE IN THE DIGITAL AGE: COMPARATIVE LEGAL ANALYSIS OF WESTERN, EASTERN AND RUSSIAN MODELS
This scientific article is dedicated to the study of the transformation of legal culture in the context of digitalization of society. The author examines the fundamental changes occurring in the legal sphere under the influence of the development of information technology, artificial intelligence and other digital innovations. Particular attention is paid to the formation of new digital legal institutions and their different perception in Western, Eastern and Russian legal traditions. The author identifies key problems of the development of legal culture in the context of digitalization, including the risks of excessive technologization of legal relations, the digital divide in legal culture and new challenges in the field of human rights protection. In conclusion, a conclusion is made about the formation of a special digital legal culture that requires a harmonious combination of traditional legal values with new elements for the effective regulation of public relations in the global information society.
Keywords: legal culture, digitalization, legal consciousness, smart contracts, digital assets, information technologies, legal regulation, network society, legal traditions, digital transformation.
Article bibliography
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9. Lyutova O. I. Digital transformation of the obligation to pay tax: stages of development of legal regulation. Bulletin of the O. E. Kutafin University (MSAL). – 2024. – No. 7. – P. 155-162.
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34. Lazarev V. V. Definition of the scope of legal regulation // Lazarev V. V. Selected works: in 3 volumes. Volume 1: Law. Legality. Application of the law. – M., 2010. – P. 88-89.
35. Fedotov M. A. Possible conceptual approaches to the formation of Russian CyberspaceLaw // Works on intellectual property. – 2012. – No. 1 (Vol. X). – P. 4-24.
36. Avakyan S. A. Ten constitutional and legal “commandments” of lawmaking // Bulletin of Moscow University. Series 11: Law. – 2010. – No. 1. – P. 6-28.
37. Chernogor N. N., Medvedev E. V. Standard of justice as a theoretical and legal category // Advocate. – 2012. – No. 10.
38. Actual problems of law in modern Russia / Russian State Social University, Department of Civil Law and Procedure. Issue 12 / Ed. by D. A. Pashentsev. – M.: Gotika, 2011. – P. 17.
THEORY OF STATE AND LAW
SOLTANI Bahrehmand Somayyeh
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE INTERSECTION OF LAW AND POLITICS: A THEORETICAL ANALYSIS OF POLITICAL VALUES
There is a consensus among scholars that law is a tool of politics and is used to achieve desired goals. However, there is disagreement on the specifics of this relationship. The relationship between law and politics can be analyzed in two main themes: 1. How law is influenced by the needs and pressures of the political system, and 2. How the content of law affects the political system. This article explores the political analysis of law formation, examining how law reflects political will. It also discusses how legal disputes can become political or moral issues, and how political or moral disagreements can lead to legal disputes. The article identifies a wide range of interactions between law and politics, highlighting the different ways in which law serves as a tool of politics while maintaining its autonomy.
Keywords: Legal-Political Intersection, Political Values, Judicial Decision-Making, Policy Implementation, Judicial Activism.
References
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THEORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty, North-Western Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
ANALYSIS OF SOCIO-POLITICAL TECHNOLOGIES IN THE SPHERE OF GENDER INTERACTION TRANSFORMATION
The article examines socio-political technologies used in the process of transforming gender interactions in modern Russia. It analyzes the influence of state policy, legislative initiatives, educational programs, and media discourse on the formation of gender relations. Special attention is paid to the dynamics of changes in the sphere of gender interactions during the period 2022-2024. Based on statistical and sociological data, key trends, problems, and contradictions in the implementation of socio-political technologies are identified. The balance between traditional values and modern approaches to gender equality in Russian society is considered. Possible directions for improving socio-political technologies to ensure harmonious gender interactions are proposed, taking into account national characteristics and global trends.
Keywords: gender interactions, socio-political technologies, gender policy, traditional values, gender equality, Russian Federation.
Bibliographic list of articles
1. Aivazova S. G. Gender order in modern Russia: between traditionalism and modernization // Reforming Russia. – 2022 – No. 20. – P. 123-145.
2. Voronina O. A. Gender equality in modern Russia: between tradition and transformation // Sociological studies. – 2023. – No. 4. – P. 78-92.
3. Zdravomyslova E. A., Temkina A. A. State construction of gender in Soviet and post-Soviet society // Journal of Social Policy Research. – 2022. – Vol. 20, No. 2. – P. 211-226.
4. Pushkareva N. L., Mukhina Z. Z. Gender studies in Russia: state and prospects // Russian history. – 2023. – No. 3. – P. 189-204.
5. Chernova Zh. V. Family policy in modern Russia: gender analysis // Sociological science and social practice. – 2023. – Vol. 11, No. 3. – P. 65-82.
6. Russian society: values and everyday life. Analytical report of VTsIOM. – M., 2024. – 142 p.
7. Women and men of Russia: statistical collection. – M.: Rosstat, 2024. – 268 p.
HISTORY OF THE STATE AND LAW
GABDULLINA Aliya Rasilevna
Senior lecturer of Administrative and legal disciplines sub-facultylty, Ufa Law Institute of the MIA of Russia
THE MAIN STAGES OF STATE-LEGAL SUPPORT OF PROPERTY RELATIONS IN THE SOVIET PERIOD
Throughout its historical development, the institution of property rights has continuously attracted the attention of society and government agencies. The existing civil law regulation of this institution is the result of the centuries-old evolution of the Russian legal system. The scientific article examines property law as an element of the legal system in the Soviet state, as well as the legislation of the USSR, which enshrines the right of socialist property. The prerequisites and features of the legislative formalization of this institution at various stages of the country’s history are analyzed, which contribute to the formation of new theoretical approaches to its understanding.
Keywords: law, state, property, property relations, law.
Article bibliography
1. Decree on land. Adopted by the II All-Russian Congress of Soviets of Workers’, Soldiers’ and Peasants’ Deputies on October 27, 1917. – [Electronic resource]. – Access mode: http://www.rusempire.ru/pravovye-akty/dekret-o-zemle-1917.html.
2. Novitsky I. B. Ownership rights, commentary to Art. 52-65 of the Civil Code. – M., 1925. – P. 24.
3. Sokolov D. P. Transformation of property relations in modern Russia. Dis. … Cand. Econ. Sci. – M., 2014. – P. 11.
4. Yuryev V. M. History of the transformation of property relations in Russia: monograph: in 3 volumes. Volume 2: Birth, formation and development of new property relations in the Soviet period. – Tambov: Publishing house of TSU named after G. R. Derzhavin, 2012. – P. 322.
HISTORY OF THE STATE AND LAW
GRISHCHENKO Leonid Leonidovich
Ph.D. in Law, professor, Academy of Management of the MIA of Russia
THEORETICAL AND LEGAL ISSUES OF TERRITORIAL PLANNING OF MILITARY INSTALLATIONS IN THE USSR (USING THE EXAMPLE OF TERRITORIAL MILITARY UNITS)
The relevance of the work is related to the research topic aimed at improving the country’s defense and security. The purpose of the work is to analyze the theoretical and legal foundations of territorial planning of military facilities in the twenties of the twentieth century in Russia. The methodology consists of the method of analysis, synthesis, induction, deduction, as well as historical, legal and comparative legal.
As an example, materials on the formation and deployment of military units performing law enforcement tasks in the young Soviet republic are used. The theoretical and methodological role of political authorities in the territorial planning of that time is noted. The documents that have become the legal basis for such planning are presented and analyzed. It is concluded that in the history of the Soviet period, as well as in some foreign countries, there was experience in the territorial planning of military installations, the theoretical and methodological basis for the placement of which were decisions of party congresses, individual decrees and resolutions of military authorities.
Keywords: military facilities, legal acts, territorial planning, militia-territorial military units, GOERLO, party congress.
Article bibliography
1. Gusev S. I. The Civil War and the Red Army: a collection of military-theoretical and military-political articles (1918-1924). – M., L., 1925. – 220 p. @@ Savushkin R. A. The Development of the Soviet Armed Forces and Military Art in the Interwar Period (1921-1941). – M., 1989. – 295 p. @@ Sokolov B.V. The Red Army in the interwar period (1921 – 1941). – M., 1990. – 62 p.
2. Danilov V.D. Construction of central military administration bodies in the USSR (1921-1928): dis. …cand. ist. Sci. – M., 1971. – 257 p. @@ Rybnikov V.V. Activities of the CPSU in the international education of Soviet soldiers. 1918-1986: historical research. dis. … doc. ist. Sci. – M., 1987. – 202 p.
3. Deryabin A.I. Civil war in Russia 1917 – 1922. Red Army. – M.: 2003. – 43 p.; Danilevsky A. F. V. I. Lenin’s Struggle with the Military Opposition at the VIII Congress of the RCP(b) // VIZH. – 1961. – № 4. – P. 4, 5 @@ Danilevsky A. F. V. I. Lenin and the Question of Military Development at the VIII Congress of the RCP(b). – Moscow, 1964. – 95 p.
4. Zharkov V. V., Malakhov D. N. The Structure of the Armed Forces in the 1920s // Yaroslavl Pedagogical Bulletin. – 2014. – Vol. 1, No. 2. – P. 68-72.
5. Ivanova E. A. Development of the Zoning Program during the Civil War (1918-1921) as a Stage of Administrative-Territorial Reform of the RSFSR // Scientific Bulletin of the Belgorod State University. Ser. History. Political science. Economics. Computer science. – 2008. – No. 2, v. 6. – P. 113-116.
6. Konyukhovsky V. N. Territorial system of military construction (From the op(of the organizational activity of the party on territorial development of the Armed Forces). – M., 1961. – 88 p.
7. The CPSU in resolutions and decisions of congresses, conferences and plenary sessions of the Central Committee. – 7th ed. – M., 1953. – Part 1. – Pp. 404-405.
8. Lutovinov V. I., Koroleva M. A. Preparation of citizens for the defense of the Motherland and military service in the Soviet period of national history // Military history of Russia. Materials of the XIV international conference. Vol. 1. St. Petersburg. – 2012. – Pp. 294-304.
9. Militia-territorial development / Ed. L. Malinovsky // Military Bulletin. – M., 1927. – 260 p.
10. Rodin A. V., Lysenkov S. G. Sources of legal regulation of territorial planning of defense facilities and security of the USSR // Law and state: theory and practice. – 2023. – No. 12 (228). – P. 79-82.
11. Russian State Archives. F. 9. Op. 18. D. 23. L. 75.
12. Tenth Congress of the RCP(b). Verbatim report. – M., Gospolitizdat, 1963. – 915 p.
13. Shcherbakov Yu. V. Management of the construction of the Red Army in the early years of Soviet power: discussions in the top government leadership // Management Consulting. – 2016. – No. 8 (92). – P. 115-121.
14. IX Congress of the RCP(b): March-April 1920 / Ed. N.L. Meshcheryakov. – M.: Party Publishing House, 1934. – VII, 612 p.
15. VIII Congress of the RCP(b). March 18-23, 1919 / Ed. E. Yaroslavsky. – M.: Part. Publishing house, 1933. – 560 pp.
HISTORY OF STATE AND LAW
JAMALUDINOVA Zubaidat Gamzatovna
lecturer of Theory of state and law sub-faculty, Dagestan State University, Makhachkala
GUMBET UNION OF RURAL SOCIETIES
The article is devoted to the Gumbetov Union of Rural Communities, which was a unique territorial-ethnic structure with its own administrative-political apparatus. The article examines the features of the class structure of the union, the importance of the qadi institution and the role of rural elders in the public life of the union. The specifics of economic activity and types of property are also analyzed. Particular attention is paid to the features of the implementation of the institutions of customary law of the peoples of Dagestan. The socio-economic development of the union and its political position are shown. The article also reveals the geographical location, borders and ethnic composition.
Keywords: customary law, rural community, Dagestan, Gumbet, free society, union of rural societies.
Article bibliographic list
1. Record of the formation of the union of five villages, kept by a resident of the village of Mekhelta Suleimanov M.E. / Transl. Aitberov // RF IAE DSC RAS. – F. 1. – Op. 1. – D. 580. – L. 81.
2. Magomedova A.G. Gumbet in the 18th-19th centuries // Science and Youth. – Collection of articles by young scientists and postgraduates on humanitarian issues. Issue III. – Makhachkala, 2000. – P. 72.
3. Musaeva A. G. Some information about the union of free communities of mountainous Dagestan-Bakyulal (Gumbet) in the XIX – early XX centuries (historical and legal aspect) // Modern problems of science and education. – 2014. – P. 32.
4. Rabadanova A. U. Unions of rural societies of Dagestan in the XVIII – early XIX centuries // Humanitarian, socio-economic and social sciences. – 2014. – P. 15.
5. Saibulaev A. B. Socio-economic development and political situation of the Gumbet Union of Rural Societies: author’s abstract. dis. … cand. history. sciences: 07.00.07. – M., 2007. – 192 p.
6. Saypulaev A. B. On the history of the formation and development of the Gumbetovsky Union of Rural Communities // Science and Youth. – 2000. – P. 106.
7. Takhnaeva P. I. Argvani: the world of bygone centuries: a historical portrait of a rural community in Mountainous Dagestan. – M.: Eastern Lit., 2012. – P. 485.
8. Khapizov Sh. M. From the history of rural communities in mountainous Dagestan: the village of Tsilitl, Gumbetovsky District // Bulletin of the Dagestan Scientific Center. – 2021. – P. 17.
HISTORY OF STATE AND LAW
EGOROV Petr Mikhaylovich
Ph.D. in political sciences, scientific researcher, Institute for Humanities Research and Indigenous Studies of the North, Siberian branch of the Russian Academy of Sciences, Yakutsk
STATE POLICY OF SCIENTIFIC DEVELOPMENT OF THE ARCTIC IN THE 1970S: BASED ON MATERIALS FROM THE PERIODICAL PRESS OF THE ARCTIC REGIONS OF YAKUTIA
The article examines the coverage of the state policy of the Soviet state in the scientific study of the Arctic in the regional periodical press in the 1970s. During this period, the role of government bodies in organizing scientific activities in the Arctic regions of the 1970s was significant, and the regional periodical press, promptly reflecting the events taking place is one of the historical sources of information, obtaining additional material that allows expanding the research base. The specificsand methods of studying the periodical press of the Arctic regions of Yakutia are revealed, as well as the role and importance in the study of historical issues.
Keywords: scientific policy, scientific research, Arctic, periodical press, Yakutia.
Article bibliographic list
1. Bugaeva L. D. The Arctic myth in Soviet culture of the 1930s and its revival // Zvezda. – 2018. – No. 8. – P. 220-243.
2. Vakhtin N. B. Soviet Arctic rhetoric of the 1930s (on the example of the magazine “Soviet Arctic”) // Northern sea routes / Coll. Monograph edited by V. V. Vasilyeva and K. A. Gavrilova. – M.: New literary review. – 2023. – P. 255-301.
3. Gomktsyan M. A., Kudish A. S. Soviet experience of studying the economic potential of the Arctic and the Northern Sea Route in the 1920-1930s (based on periodicals) // Scientific almanac. – 2016. – No. 4-4 (18). – P.75-80.
4. Zhigunov A. Yu. Concept-ideologeme “Arctic”: formation and dynamics of development in the Russian media picture of the world: dis. … Cand. Philological sciences. – Omsk, 2022. – P. 260.
5. Dawn of Yana: Ust-Yana ulus newspaper 1972-1977
6. Kolymskaya Pravda: newspaper of the Nizhnekolymsky ulus of the Republic of Sakha (Yakutia) 1972-1977
7. Kryukova O. S. Stereotypes of perception of the Arctic in Russia: literature and art, modern media // Bulletin of the Institute of World Civilizations. – 2020. – T. 11, No. 1 (26). – P. 21-24.
8. Mayak Arktiki: informational, socio-political newspaper 1972-1977.
9. Filin P. A. The image of the Arctic in Soviet science fiction Polar readings – 2021 // Artistic development of the Arctic: polar regions in culture, art and philosophy. – M .: Paulsen, 2022. – P. 385-403.
10. Yakutia: republican socio-political newspaper 1972-1977.
HISTORY OF THE STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
THE POSSIBILITY OF AN ALTERNATIVE BETWEEN NARODNICISM AND EARLY MARXISM: POLITICAL AND LEGAL ASPESTS
This article presentation is a comparative analysis of political and legal concepts of Narodniсism and Earth Marxism in Russia in the second half of the XIX century. Based on the study of program documents and theoretical works, the key differences in approaches to the state-legal system and socio-political transformations are identified. The analysis demonstrates significant divergences between the Narodnik and Marxist ideas about the role of the state, property rights and mechanisms of social transformation. The article reveals alternative way of development of the Russian revolutionary movement through the prism of legal doсtrines of Narodnikism and Marxism. The points of contact and fundamen-tal conflicts between these currents occur in the issues of political and legal reform of society.
Keywords: Narodniсhеstvo, Marxism, political and legal doctrine, revolutionary movement, state structure, legal idealogy, social transformations.
Bibliographic list of articles
1. Aksyonov G. P. Populism as a socio-political phenomenon in Russia in the 19th century. – Moscow: Academicheskiy proekt, 2021. – 286 p.
2. Volobuev O. V. Political doctrines of Russian Marxism: historical analysis. – St. Petersburg: Lan, 2022. – 312 p.
3. On political parties: Federal Law No. 95-FZ [adopted by the State Duma on July 11, 2001: approved by the Federation Council on July 20, 2001]. [Electronic resource]. – Access mode: http://www.сonsultаnt.ru/doсumеnt/сons_doс_LАW_32459/ (date of access: 06.03.2025).
4. On freedom of conscience, freedom of religion and religious associations: Federal Law No. 125-FZ [adopted by the State Duma on September 19, 1997: approved by the Federation Council on September 24, 1997]. [Electronic resource]. – Access mode: http://www.сonsultаnt.ru/doсumеnt/сons_doс_LАW_16218/ (date of access: 06.03.2025).
5. On public associations: Federal Law No. 82-FZ [adopted by the State Duma on April 14, 1995]. [Electronic resource]. – Access mode: http://www.сonsultаnt.ru/doсumеnt/сons_doс_LАW_6693/ (date of access: 06.03.2025).
6. Russian State Archive of Socio-Political History (RGASPI): official website. – Moscow. [Electronic resource]. – Access mode: http://rgаspi.info/ (date of access: 06.03.2025).
7. Center for Socio-Political History: official website. – Moscow. [Electronic resource]. – Access mode: http://filiаl.shpl.ru/ru/аbout/tspi (date of access: 06.03.2025).
HISTORY OF THE STATE AND LAW
KARAKOV Maxim Yakovlevich
postgraduate student of the 3rd course, Pyatigorsk State University
DEVELOPMENT OF THE INSTITUTION OF MILITARY DUTY IN THE SOVIET PERIOD
The article explores the evolution of military duty in Russia from the early Soviet period to post-Soviet transformations. The author analyzes legal acts, showing how changes in legislation reflected influence and social shifts in the state. It is shown that the abolition of convention in 1918 was replaced by its gradual restoration, taking into account class differentiation, and then the transition to universal military duty in the 1930s. Special attention is paid to the constitutional reforms of 1936, 1977 and 1992, which consistently changed the mental content of this institution – from ‘sacred duty’ to the ‘socialist Fatherland’ to de-ideologized formulations in the post-Soviet period. Based on the analysis of legislative sources the conclusion is made about the interrelation of legal norms, state ideology and historical context in the formation of citizens’ duties to protect the state.
Keywords: military duty, military legislation, professionalization of the army, man and the state, rights and duties.
Article bibliography
1. Ebzeev B. S. Constitutional foundations of the legal status of the individual in Russia. – M.: Norma, 2005. – 560 p. – [Electronic resource]. – Access mode: https://www.litres.ru/book/b-s-ebzeev/konstitucionnye-osnovy-pravovogo-statusa-lichnosti-v-rossii-12345678/ (date of access: 20.10.2024).
2. Decree of the All-Russian Central Executive Committee “On compulsory training in military art” of April 22, 1918 // Collection of laws and orders of the workers’ and peasants’ government. – 1918. – No. 33. – Art. 432. – [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/DEKRET/18-04-22.htm (date accessed: 20.10.2024).
3. Decree of the Council of People’s Commissars of the RSFSR “On compulsory recruitment into the Red Army” of May 29, 1918 // Collection of laws and orders of the workers’ and peasants’ government. – 1918. – No. 41. – Art. 518. – [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/DEKRET/18-05-29.htm (date accessed: 20.10.2024).
4. Decree of the Council of People’s Commissars of the RSFSR “On the registration of citizens aged 18-40 years fit for military service” of July 29, 1918 // Collection of laws and orders of the workers’ and peasants’ government. – 1918. – No. 54. – Art. 597. – [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/DEKRET/18-07-29.htm (date accessed: 20.10.2024).
5. Constitution (Basic Law) of the Russian Socialist Federative Soviet Republic: adopted by the V All-Russian Congress of Soviets on July 10, 1918 // Collection of laws and regulations of the workers’ and peasants’ government. – 1918. – No. 51. – Art. 582.
6. Constitution (Basic Law) of the Russian Socialist Federative Soviet Republic: approved by the resolution of the XII All-Russian Congress of Soviets of May 11, 1925 // Collection of laws and regulations of the workers’ and peasants’ government. – 1925. – No. 30. – Art. 218.
7. Decree of the All-Russian Central Executive Committee and the Council of People’s Commissars of the RSFSR “On Compulsory Military Service for All Male Citizens” of September 28, 1922 // Collection of Laws and Orders of the Workers’ and Peasants’ Government. – 1922. – No. 65. – Art. 844.
8. Law of the USSR “On Compulsory Military Service” of September 18, 1925 // Collection of Laws and Orders of the Workers’ and Peasants’ Government of the USSR. – 1925. – No. 62. – Art. 463.
HISTORY OF STATE AND LAW
KOKORIN Valeriy Yurjevich
senior lecturer of Civil and labor law sub-faculty, North-West Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
THE EXPERIENCE OF M. M. SPERANSKY IN MODERNIZING THE LEGAL ORDER OF THE RUSSIAN EMPIRE, IN PARTICULAR THE CODIFICATION OF LOCAL LAWS
The article is devoted to the issues of codification of the legislation of the Russian Empire in the first half of the 19th century. The paper examines the theoretical and methodological foundations of the systematization of legal norms, analyzes the activities of M. M. Speransky in the context of the formation of a unified legal space, and evaluates the impact of his reforms on the development of the legal system of the state.
It is important that Speransky took into account the historical traditions of the regions using the example of the Ostsee provinces. In the Ostsee provinces, a special civil law based on German legal customs was preserved. Norms were developed for the western territories, taking into account Polish-Lithuanian legislation.
It is noted that M.M. Speransky developed a system for coordinating imperial and local legislation, integrated the law of the Baltic provinces into the general structure of Russian law, while preservingthe specific features of local legislation in the areas of civil and procedural law.
The Ostsee Code of laws is characterized as a model for taking into account regional legal traditions.
Keywords: code codification of legislation, legal system, modernization of law, systematization of legal norms, reforms of the 19th century, law enforcement practice, local legislation, German legal customs, Polish-Lithuanian legislation.
Article bibliography
1. Andreeva M. V. At the origins of the codification works of M. M. Speransky // News of higher educational institutions. Jurisprudence. – 1983. – No. 1. – P. 66-73.
2. Arkhipov I. On the history of the Punishment Code of 1845 // News of higher educational institutions. Jurisprudence. – 1990. – No. 6. – P. 32-37.
3. Belozerov B. P. M. M. Speransky and his role in the formation of Russian legislation of the first half of the 19th century // Sociology and Law. – 2013. – No. 2 (19). – P. 55-67.
4. Vorodyukhin S. E., Bespalova A. O. Stages of formation of the legislative system in Russia: historical and legal aspect // State and Law: Problems and Prospects for Improvement: collection of scientific articles. – 2020. – P. 75-81.
5. Kassikhina V. E. M. M. Speransky, his role in the development and formation of the Russian state and law // State and Law in the 21st Century. – 2017. – No. 2. – P. 4-13.
6. Kondratenko V. O. Codification of M. M. Speransky // Actual problems of law, economics and management. – 2021. – P. 87–90.
7. Romash E. N., Tomina E. F. M. M. Speransky and his contribution to the modernization of Russian law // Social and humanitarian innovations: strategies of fundamental and applied scientific research: collection of scientific articles. – 2022. – P. 138-142.
8. Sidorchuk M. V. On the systematization of legislation in Russia (1826-1832) // News of higher educational institutions. Jurisprudence. – 1990. – No. 6. – P. 26-32.
9. Stoika M. M. Development of theoretical and legal foundations for the systematization of military legislation // Journal of Legal and Economic Research. – 2011. – No. 1. – P. 121-128.
10. Shatkovskaya T. V. Codification technique of M. M. Speransky: reform or compilation // Journal of Russian Law. – 2022. – V. 26, No. 5. – P. 19-30.
HISTORY OF THE STATE AND LAW
FEDOTOVA Rinna Rustamovna
master student of International relations, history and oriental studies sub-faculty, Ufa State Petroleum Technological University
VILDANOV Ruslan Raisovich
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty, Ufa State Petroleum Technological University
ANALYSIS OF THE WAQF INSTITUTION IN THE RUSSIAN AND OTTOMAN EMPIRES (MID-19TH – EARLY 20TH CENTURY): A HISTORICAL AND LEGAL PERSPECTIVE
This article presents a comparative analysis of the institution of waqf in the Russian and Ottoman Empires in the mid-19th to early 20th centuries. A waqf (waqf) is a form of donated property transferred for religious or charitable purposes, managed in accordance with Islamic law and the conditions established by the donor. Based on archival documents, regulatory acts, and studies by domestic and foreign historians, key aspects of the formation, functioning, and transformation of waqf property during this period are examined.
Special attention is given to the legal mechanisms for regulating waqfs, their degree of autonomy, and state control and intervention. In the Ottoman Empire, waqfs traditionally remained a crucial element of the socio-economic system, regulated by Sharia law and Ottoman legislation, which ensured their stability. In contrast, in the Russian Empire, the waqfs were under strict administrative control, and legislative reforms of the second half of the 19th century contributed to their gradual secularization and the weakening of Muslim religious institutions.
Through comparative analysis, similarities and differences in waqf management, financing, and their role in the social structures of both states have been identified. The study concludes that despite political and legal restrictions, waqfs continued to perform important functions in Muslim communities, ensuring their economic and cultural identity.
Keywords: waqfs, Russian Empire, Ottoman Empire, Islamic law, state control, charity.
Article bibliography
1. Azamatov D. D. From the history of Muslim charity. Waqfs in the territory of the European part of Russia and Siberia in the late 19th – early 20th centuries. – Ufa, 2000.
2. Azamatova G. B., Azamatov D. D. From the history of Muslim charity in the Ufa province // Problems of Oriental Studies. – 2009. – No. 3 (45). – P. 43-52.
3. Zagidullin I.K. Waqfs in the imperial legal space // Islam and charity: materials of the All-Russian seminar, January 1-31, 2005. – Kazan:Institute of History named after Shigabutdin Marjani of the Academy of Sciences of the Republic of Tatarstan, 2005. – P. 44-102.
4. Zagidullin I.K. Activities of the Orenburg Mohammedan Spiritual Assembly on reforming the management of Muslim spiritual affairs in the late 19th – early 20th centuries // From the history and culture of the peoples of the Middle Volga region: collection. – 2014. – No. 4. – P. 83-121.
5. Ismailova S.A. Formation and development of the institute of charity in Turkey // Bulletin of Science and Practice. – 2017. – No. 1 (14). – P. 254-257.
6. Konkin D. V. Waqf land ownership in the context of the activities of the first land management commissions in Crimea (1796-1810) // Materials on the archeology, history and ethnography of Taurida. – 2008. – No. 14. – P. 491-512.
7. Konkin D. V. Private waqf lands on the territory of Eastern Crimea: history of the institution and location on the ground (based on the materials of the 19th century statements) // Bosporan studies. – 2023. – No. 46. – P. 228-254.
8. Kononenko E. I. The factor of Islamic charity in Turkish urban planning // Islamic studies. – 2014. – No. 4 (22). – P. 73-79.
9. Minnullin Z. S. The Institute of Waqf among the Muslim Tatars in Historical Retrospect // Scientific Notes of Kazan State University. – 2007. – Vol. 149, No. 4. – P. 114-121.
10. Khabutdinov A. Yu., Imasheva M. M. Projects of religious autonomy of Muslims of European Russia and Siberia and the North Caucasus at the beginning of the 20th century // History, archeology and ethnography of the Caucasus. – 2022. – Vol. 18, No. 4. – P. 962-974.
11. Shlykov P. V. Reformation of the Waqf System in the Late Ottoman Empire: Institutional Crisis and the Search for a New Philosophy of Waqf // Historical Bulletin. – 2019. – T. 29. – P. 156-177.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
THE DOCTRINE OF UNLIMITED AUTOCRACY BY YURIY KRIZHANICH
This article analyzes the concept of unlimited autocracy developed by the famous Croatian thinker of the seventeenth century, Juri Križanić. Particular attention is paid to the deconstruction of his views on the centralization of power, the role of the monarchical institution in the structure of the state and the correlation between the absolutist model of government and public welfare. . The study provides a textual analysis of Krizhanich’s key works in order to identify the dominant ideas and their genesis in the context of the historical era. In this study a comparative analysis of Krizhanich’s political and philosophical views with the ideas of his contemporaries is carried out, which allows us to identify the specificity of his doctrine. The article additionally explores the influence of Krizhanich’s ideas on the formation of Russian statehood, as well as considers potential practical implication of his political doctrine.
Keywords: Yuriy Krizhanich, state ideology, autocracy, political philosophy, absolutism, centralized government, Russia of the 17th century.
Article bibliography
1. Apekunov V. A. Conceptual foundations of Slavic unity in the works of P. A. Kulakovsky // Bulletin of Polotsk State University. – 2023. – No. 2. – P. 76-79.
2. Vasiliev A. A., Mukhopad V. V. The image of the elite in the conservative legal ideology of Yuri Krizhanich // Russian-Asian Legal Journal. – 2020. – No. 2. – P. 9-14.
3. Davydov S. A., Prozorovskaya K. A., Rogova A. M. Formal economic institutions in the context of the economic culture of modern Russia: based on the materials of an empirical study // Bulletin of the St. Petersburg State University of Economics. – 2022. – No. 1. – P. 18-26.
4. Elchaninova O. Yu. Doctrinal sources of Russian law in the context of the political and regime diversity of the 17th century // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 31-36.
5. Levchenkova T. A., Simonova M. M., Butyrina S. A. The problem of violence in the works of Russian enlighteners // Social and humanitarian knowledge. – 2021. – No. 4. – P. 241-249.
6. Sainakov N. A. Appropriation of morality. The problem of choosing a polemicist when understanding the transformations in Russia in the 16th-17th centuries // The New Past. – 2020. – No. 3. – P. 52-67.
7. Shestopalov I. I. Croatian scribe in Siberian exile in the second half of the 17th century about the “Tobolsk library” of Yuri Krizhanich // Sphere of Culture. – 2022. – No. 4. – P. 67-80.
CONSTITUTIONAL LAW
GABIBULLAEVA Elmira Rizvanovna
postgraduate student of Constitutional and municipal law sub-faculty, Dagestan State University, Makhachkala
THE DIALECTIC OF THE PRINCIPLES OF EQUALITY AND JUSTICE IN CONSTITUTIONAL AND LEGAL REGULATION
The article is devoted to the study of the principles of equality and justice, their understanding and significance in constitutional and legal regulation. The relevance of the study, the dialectic of the principles of equality and justice in constitutional law are substantiated. The reflection of the principles of equality and justice in the Constitution in the historical aspect is analyzed. The historical-materialistic (or Marxist) concept of understanding equality and social justice as legal principles is considered. The article reveals the universality of these principles. It is said that the specificity of the formation and development of the legal status of a person is associated with the dynamics of the content of the principles of equality and justice in constitutional and legal regulation. The problems of implementing the principles of equality and justice are listed.
Keywords: principles of equality and justice, constitutional law, principle, mechanism of legal regulation, public life, government agencies, rule of law, legality.
Article bibliography
1. Avakyan S. A. Constitutional and legal status of political parties in Russia: a textbook for students. – Moscow: Norma, 2011. – P. 124-125.
2. Vlasov V. I., Vlasova G. B. The principle of justice and its role in legal regulation // Science and education: economy and economics; entrepreneurship; law and management. – 2022. – No. 8 (147). – P. 37-41.
3. Gavrilova V. D. The principle of justice as an ideological basis for the mechanism of legal regulation // International Journal of Humanities and Natural Sciences. – 2023. – No. 4-1 (79). – P. 140-142.
4. Goncharov I. V. Problems of implementing the constitutional principle of social justice in the Russian Federation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2023. – No. 5 (97). – P. 53-60.
5. Isakov I. N. New technologies in law as a highly effective means of implementing the constitutional principle of equality in the context of multi-level legal regulation // Bulletin of Peoples’ Friendship University of Russia. – 2023. Vol. 27, No. 4. – P. 919-938.
6. Karnaushenko L. V. Social justice and legal regulation: philosophical and legal analysis // Philosophy of Law. – 2024. – No. 3 (110). – P. 22-29.
7. Kiseleva N. N. The Constitution of the Russian Federation and social justice: ideas and reality // Social justice and humanism in the modern state and law / ed. T. A. Soshnikova: materials of the International scientific conference. – Moscow: Publishing house of Moscow Humanitarian University, 2015. – 244 p.
8. Nurieva S. N. Concept and legal nature of the constitutional principle of equality of all before the law and the court // Legal fact. – 2022. – No. 170. – P. 8-12.
9. Osin R. S. Marxist concept of social equality as a theoretical basis for the implementation of the principle of social justice (socio-philosophical aspect) // Society: philosophy, history, culture. – 2023. – No. 3 (107). – P. 83-87.
10. Pirbudagova D. Sh., Magomedova D. S. Concept and content of the principle of equality in constitutional and legal science // Legal Bulletin of the Dagestan State University. – 2024. – Vol. 50, No. 2. – P. 27-33.
11. Rublev A. G. Contribution of the constitutional principle of equality to the formation of systemic and consistent law enforcement practice // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – V. 9 (75), No. 3. – P. 275-287.
12. Rybakov O. Yu. Philosophy of Law: a textbook for masters. – 2nd ed., revised and enlarged. – Moscow: Prospect, 2022. – 320 p.
13. Pavlova M. A. Evolution of constitutional regulation of the principle of social justice in Russia in the context of federalism and social differentiation // Electronic supplement to the Russian Law Journal. – 2023. – No. 4. – P. 41-51.
CONSTITUTIONAL LAW
ZOKHIDOV Manuchehr Davrondzhonovich
postgraduate student of Constitutional law and constitutional proceedings sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
HUMAN DIGNITY AS THE BASIS OF HUMAN RIGHTS
This article attempts to analyze the category of human dignity as one of the most fundamental bases of the institution of human rights.
The author presents the historical context of the formation of the category of human dignity and its impact on the socio-cultural aspect of human society, and the statements about the need to recognize and protect the dignity of the individual allow us to conclude that this principle is a guarantee of human rights.
Keywords: human dignity, human rights, public law area.
Bibliographic list of articles
1. Evmenov L. F. Dostoinstate, rights and responsibilities – social and moral imperatives: an experience of modern philosophical reading // Logic of dignity and freedom of the individual. – Minsk, 2016.
2. Kravets I. A. Dignitatis Humanae, modern constitutionalism and legal existence: philosophical-anthropological, constitutional, international legal and socio-political aspects // Social Sciences and Modernity. – 2020. – No. 5.
3. Nevinsky V. V. Ensuring human dignity: from a philosophical idea to a constitutional principle of the Russian state // Human dignity: from a philosophical and legal idea to a constitutional principle of a modern state. – Barnaul, 1999.
4. Poznyakov V. V. The concept of personal dignity in the context of human rights // Logic of dignity and freedom of the individual. – Minsk, 2016.
5. Habermas J. The concept of human dignity and the realistic utopia of human rights // Questions of Philosophy. – 2012 – No. 2.
CONSTITUTIONAL LAW
PIVENTJEV Alexander Sergeevich
adjunct of the 1st course of Constitutional and municipal law sub-faculty, V. Ya. Kikot Moscow University of the MIA of Russia
FEDERAL RELATIONS OF MODERN RUSSIA AND THEIR LEGAL REGULATION
The article examines the key aspects of Russian federalism in the context of the latest amendments that were adopted in the Constitution in 2020. The role of the President of the Russian Federation, the Federation Council and the State Duma in ensuring harmony and balance of power is analyzed. Modern theoretical and methodological approaches to federalism are discussed, focusing on their importance for ensuring state sovereignty and national security. In conclusion, it is noted that despite the achievements in the reform of federal relations, factors remain that contribute to the imbalance between the federal center and the regions, requiring further study and adjustment.
Keywords: federalism, state structure, legal regulation, Constitution of the Russian Federation, federal relations.
Bibliographic list of articles
1. Galochkina O. A., Medvedeva S. N. Implementation of the principles of federalism in the modern Russian economy // Management accounting. – 2022. – No. 5-3. – P. 109-116.
2. Kireeva E. Yu., Nudnenko L. A., Tkhabisimova L. A. Trends in legal regulation of interaction between the President of the Russian Federation and the Government of the Russian Federation // Constitutional and municipal law. – 2020. – No. 10. – P. 37-40.
3. Kuznetsov S. A. Problems of federalism in light of the implementation of the principle of unity of public authority in the constituent entities of the Russian Federation // Eurasian Law Journal. – 2022. – No. 4 (167). – P. 112-113.
4. Authorities in the Russian Federation: structure and powers // Official Internet site of the State Duma of the Federal Assembly of the Russian Federation. [Electronic resource]. – Access mode: http://duma.gov.ru/news/49137/ (date of access: 03/18/2025).
ADMINISTRATIVE LAW
NIKIFOROVA Elena Nikolaevna
Ph.D. in Law, professor of Constitutional and administrative law sub-faculty, Faculty of Law, St. Petersburg State University of Economics
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty, St. Petersburg State University
IMPROVING THE LEGAL FRAMEWORK FOR THE DIGITALIZATION OF THE AGRO-INDUSTRIAL COMPLEX AS A CONDITION FOR ENSURING RUSSIA’S NA-TIONAL SECURITY
The article substantiates the need to ensure digitalization in the agro-industrial complex of the Russian Federation. The authors note that in the light of global trends, there is an urgent need to introduce a model of economic development capable of ensuring the gradual growth of the Russian economy based on internal factors of state competitiveness. The work highlights the need to develop and adopt a federal law and strategic planning acts that should be aimed at digitalizing agriculture, reflecting the goals, objectives, directions and mechanisms of policy in this area, which in turn is a condition for ensuring the national security of the country.
Keywords: agro-industrial complex, digitalization, legal framework, national security.
Article bibliography
1. Brinchuk M. M. Social state: ensuring environmental and food security // Environmental law. – 2023. – No. 3. – P. 2-6.
2. Kartasheva N. Digital transformation in agriculture. [Electronic resource]. – Access mode: https://cdto.ranepa.ru/sum-of-tech/materials/136 (date of access: 30.03.2024).
3. Kolotkina O. A. Current state of legal support for the process of transformation of the agro-industrial complex in the context of digitalization // Russian justice. – 2019. – No. 10. – 47-49.
4.Ustimova S. A., Veriga D. A. Problems and Prospects of Digital Land Management // Civilist. – 2022. – No. 3. – P. 21-25.
ADMINISTRATIVE LAW
PANFILOVA Olga Valentinovna
Ph.D. in Law, associate professor of Security at transport facilities sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
VOLKOV Pavel Anatoljevich
Ph.D. in Law, associate professor, associate professor of Management and administrative activities of the department of internal affairs sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
ADMINISTRATIVE ACTIVITIES OF INTERNAL AFFAIRS BODIES IN TRANSPORT TO PROTECT PUBLIC ORDER DURING PUBLIC AND MASS EVENTS
Maintaining the proper level of law and order in the country is an important task for any state, and when holding public and mass events – undoubtedly to an increased degree. The administrative activities of internal affairs bodies in transport to protect public order and ensure public safety at transport facilities and transport infrastructure during public and mass events are complex in terms of their resolution. This is due to the fact that the nature of this type of event, the presence of potential and real threats to public order and public safety at transport infrastructure facilities entails the involvement of a certain number of units and services interacting with each other, the preparation and development of appropriate plans for carrying out events.
Keywords: administrative activities, public order, transport facilities, transport complex, territorial internal affairs bodies in transport, public and mass events.
Article bibliography
1. Dubynina Yu. D. The role of internal affairs bodies in ensuring public order and safety during mass events // Social management. – 2022. – Vol. 4, No. 3. – P. 131-133.
2. Pozhidaev S. G. Some issues of ensuring transport security during large-scale mass events // Actual problems of criminal policy: history, modernity and prospects: proceedings of the international scientific conference, November 21, 2015. – Vol. 1. – Moscow: Moscow University of Finance and Law MFUA, 2016. – P. 5-13.
3. The Ministry of Internal Affairs of the Republic of Tatarstan – official [Electronic resource]. – Access mode: http://mvd.tatarstan.ru/ (date of access: 11.02.2024).
4. Efimov A. A. Inspection measures as a basis for ensuring the safety of citizens // Philosophy of Law. – 2023. – No. 1 (104). – P. 21-26.
5. Aleksandrov A. N., Panfilova O. V., Stolbina L. V. [et al.]. Legal regulation of the activities of territorial bodies of the Ministry of Internal Affairs of Russia in transport to protect public order and ensure public safety during public and mass events at transport facilities. – Belgorod: Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin, 2024. – 47 p.
ADMINISTRATIVE LAW
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty, Crimean branch, V. M. Lebedev Russian State University of Justice, Simferopol
THEORETICAL AND PRACTICAL ASPECTS OF IMPROVING PUBLIC CONTROL (SUPERVISION) IN THE CONDITIONS OF DIGITAL TRANSFORMATION
The article is devoted to the issue of application of digital technologies in the implementation of public control. The article discusses the concept of public control, provides examples of digital technologies in the field of public control. It is concluded that it is advisable to adopt digital technologies, provided that it allows for more efficient control activities.
Keywords: control, supervision, public control, state control, digital transformation, digital technologies
Bibliographic list of articles
1. 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. – Vol. 17, No. 5. – P. 33-45.
2. Dvurechenskikh V. A. Methodological approaches to determining the essence of public control // Bulletin of the Plekhanov Russian University of Economics. – 2010. – No. 2 (32). – P. 48-54.
3. Zubarev S. M., Sladkova A. V. On the concept and essence of digital control technologies in the sphere of public administration // Administrative law and process. – 2019. – No. 9. – P. 53-59.
4. Pogorzhelskaya N.V., Shevchik A.E. Digital transformation of state financial control // Financial control and treasury support of target funds: development prospects in the context of digitalization: materials of the 1st Internationalth scientific and practical Internet conference, October 12, 2023. – Donetsk: FLP Kiriyenko S. G., 2023. – P. 61-64.
5. Evsikova E. V. Public financial control in the context of digital transformation (theoretical and legal aspect) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – 2023. – Vol. 9 (75), No. 3. – P. 224-236.
6. Shichanin M. A. Principles of applying digital technologies in the implementation of public financial control // Legislation. – 2021. – No. 7. – P. 38-45.
7. Gorshkov A. A. Standardization and digitalization of internal state financial control: transition to “smart control” // Scientific notes of the Tambov branch of the Russian University of Medical Sciences. – 2024. – No. 34. – P. 71-84.
8. Razov P. S. Problems and prospects of legal regulation of the Federal state information system of accounting and control over the handling of waste of I and II hazard classes // NB: Administrative law and administration practice. – 2023. – No. 1. – P. 1-10.
9. Makarova I. G. Improving customs control in the context of digitalization // Step into the future: artificial intelligence and digital economy. Technological leadership: a look beyond the horizon, November 25-26, 2021 / Under the general editorship of Doctor of Economics, Candidate of Technical Sciences P. V. Terelyansky. – Moscow: Plekhanov Russian University of Economics, 2022. – P. 165-170.
10. Agamagomedova S. A. State control and supervision in the context of digitalization of the economy // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2020. – No. 3. – P. 79-85.
11. Dusaeva E. M., Truba A. S., Kurmanova A. Kh. Transformation of control in the fisheries complex in the context of digitalization // Proceedings of VNIRO. – 2021. – Vol. 186. – P. 182-188.
12. Zaitseva O. P., Baetova D. R. Digital technologies of state financial control // Fundamental research. – 2023. – No. 6. – P. 12-16.
13. Nikitina A. S. Prospects for the implementation of information systems for monitoring and control over the activities of government bodies in modern Russia // Science Diary. – 2022. – No. 11 (71).
14. Nigmetzyanov A. A. Legal basis for the digitalization of citizens’ control over the activities of public authorities // Lex Russica (Russian law). – 2023. – Vol. 76, No. 8 (201). – P. 77-87.
15. Lisina N. S. Digital transformation and public control: prospects for influence // Actual problems of Russian law. – 2022. – Vol. 17, No. 6 (139). – P. 32-40.
16. Makeev N. N., Savina A. A. Digitalization of state control (supervision): innovations, problems, development trends // Altai Bulletin of State and Municipal Service. – 2023. – No. 21. – P. 47-50.
ADMINISTRATIVE LAW
SOSNOVSKIY Dmitriy Vladimirovich
magister student of Administrative law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
IMPROVEMENT OF ADMINISTRATIVE AND LEGAL REGULATION MECHANISMS IN THE PHARMACEUTICAL MARKET OF RUSSIA IN THE CONTEXT OF EURASIAN INTEGRATION
The aim of the study is a comprehensive analysis of the mechanisms of administrative and legal regulation of the pharmaceutical market in Russia in the context of Eurasian integration and the development of proposals for their improvement. The paper examines current issues of harmonizing Russian legislation with the supranational norms of the EAEU, the peculiarities of the functioning of the single pharmaceutical market, and existing legal conflicts between national and union regulations. The research is based on the analysis of the regulatory framework of the EAEU, which includes more than 70 documents, as well as Russian legislation in the field of drug circulation.
Conclusions. The analysis has revealed fundamental challenges in the regulatory framework of pharmaceutical administration. The most critical issues encompass: misalignment between national pharmaceutical registration protocols and the Eurasian Economic Union’s regulatory requirements, legal discrepancies between the core industry legislation and EAEU supranational regulations, suboptimal performance of digital documentation systems, and disparities in manufacturing standards and pharmaceutical quality assessment mechanisms. Particular concern is raised regarding pricing issues, discrepancies in VAT rates, inconsistency in clinical trial requirements, and the lack of unified approaches to pharmacovigilance. Specific measures are proposed to improve the Russian regulatory system, including a comprehensive review of national legislation, the creation of a mechanism for resolving legal conflicts with a priority on EAEU norms, and the establishment of an effective system for information interaction.
Keywords: administrative and legal regulation, pharmaceutical market, EAEU, legislative harmonization, supranational law, drug registration.
Article bibliographiclist
1. Akulin I. M., Sarana A. M. Drug safety. Legal and organizational problems // Medicine and law in the 21st century: Collection of works of the XV annual scientific and practical conference with international participation, St. Petersburg, December 22-23, 2023. – St. Petersburg: Center for Contemporary Literature and Books on Vasilievsky Island, 2024. – P. 9-31.
2. Nefidova O. G., Babaskin D. V., Sazonov A. D., Kamaletdinova A. A. Analysis of the main changes in the rules for registration and examination of medicines for medical use within the framework of the Eurasian Economic Union // Bulletin of the Scientific Center for Expertise of Medical Products. Regulatory studies and examination of medicines. – 2022. – V. 12, No. 2. – P. 222-226.
3. Andreeva L. V. Regulatory legal basis for the creation of a common market for medicines of the Eurasian Economic Union // International cooperation of the Eurasian states: politics, economics, law. – 2016. – No. 4 (9). – P. 51-60.
4. Gildeeva G. N., Belostotsky A. V. Current changes in the pharmacovigilance system in Russia and the EAEU // Pharmacoeconomics. Modern pharmacoeconomics and pharmacoepidemiology. – 2019. – Vol. 12, No. 2. – P. 86-90.
5. Kuemzhieva E. G., Guseva O. N. Legal regulation of patent rights for medicines in the Eurasian Economic Union // Humanitarian, socio-economic and social sciences. – 2022. – No. 4. – P. 128-131.
6. Egiazaryan E. A., Kosova I. V., Krupnova I. V., Nevolina E. V. Quality assurance of pharmacovigilance in the member states of the Eurasian Economic Union // Bulletin of Roszdravnadzor. – 2023. – No. 2. – P. 71-76.
7. Olefir Yu. V., Merkulov V. A., Koshechkin K. A. Transition to electronic registration of medicines for the single pharmaceutical market of the Eurasian Economic Union // Remedium. – 2017. – No. 6. – P. 42-46.
8. Parkhomenko D. V., Kudryavtseva E. M. Improving the system of state control over the quality, effectiveness and safety of medicines // Bulletin of Roszdravnadzor. – 2024. – No. 2. – P. 53-64.
9. Putilo N. V. Features of the circulation of medicines: Russian legislation and the law of the EAEU // Comparative legal aspects of legal relations of civil circulation in the modern world: Collection of articles of the International Scientific Legal Forum in memory of Professor V. K. Puchinsky. – Moscow: Peoples’ Friendship University of Russia, 2020. – P. 236-241.
10. Shlopak L. B. GCP standards – good clinical practice // General practitioner’s handbook. – 2023. – No. 6. – P. 23-28.
11. Radkova E., Petrova I. Clinical trials in the Eurasian Economic Union // Medical Writing. – 2023. – Vol. 32, No. 1. – P. 66-68.
12. Shakhnazarov B. The EAEU Pharmacopoeia as a Harmonizing Basis for the Requirements for the Quality of Medicines in the EAEU and Beyond // Actual Problems of Russian Law. – 2022. – Vol. 17. – P. 183-193.
13. Shugurov M. Industrial and technological cooperation in the pharmaceutical sector within the framework of EAEU: development of the model of legal regulation // International law and international organizations. – 2021. – P. 89-125.
14. Shul’ha M. G., Georgiievskyi I. V., Mazur A. V. Legal regulation of importation of medicinal products: European standards and national practice // Wiadomosci Lekarskie. – 2019. – Vol. 72, No. 12 cz 2. – P. 2457-2463.
15. Vogler S., Zimmermann N. Design of value-added tax on medicines in 41 European countries // European Journal of Public Health. – 2022. – Vol. 32.
ADMINISTRATIVE LAW
BURLAKOVA Eva-Mariya Mikhaylovna
candidate of law degree, M. V. Lomonosov Moscow State University; Assistant to S. N. Kotkin, Deputy of the State Duma of the Russian Federation for work in the State Duma on a voluntary basis
PUBLIC ADMINISTRATION IN THE FIELD OF SPORTS IN THE PEOPLE’S REPUBLIC OF CHINA: HISTORICAL AND ADMINISTRATIVE-LEGAL ASPECTS
The article is devoted to the study of the evolution of the system of state governance in the field of sports in China.
Objectives. To analyze the historical and administrative and legal aspects of the development of the sports system in China. To study the role of the state in sports management during the formation of the sports system, as well as the structure of state sports management bodies in modern China.
Methodology. System analysis as well as content analysis of domestic and foreign sources: scientific research, regulatory legal acts of China. A historical perspective of the system of state sports management in China was carried out.
Results. The stages of formation and administrative and legal aspects of state management of sports in China are analyzed. The definition and characteristics of public sports management in China are identified.
Conclusions. On the basis of the positive experience of state management of sports in China, it seems significant to consider the possibility of adapting certain elements of such a system in Russia.
Keywords: sports, administrative law, sports legislation, public administration in the field of sports, China, mass sports, elite sports.
Article bibliography
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3. Guan Baoyin Administrative law [Text]: textbook / Trans. A. Yu. Manturov. – Beijing: Legal Literature, 2016. – 220 p.
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8. General Administration of Sports (GAS), 2016. [13th Five-Year Plan for the Development of Sports in China]. – Beijing: GAS
9. General Administration of Sports of China (GAS), 2009. Hard Road and Brilliant Achievements: Sixty-Year History of Sports in New China (detailed volume). – Beijing: People’s Publishing House.
10. Gorbatenko T. B., Prokofieva L. K., Sharenkova T. A. Formation of Physical Culture and Sports in China // Problems of Modern Pedagogical Education. – 2019. – No. 62-1. – P. 102-105.
11. The State Council of the People’s Republic of China, 2016 [National Fitness Program (2016-2020)] – No. 37.
12. Dai, Yu. A Study on “The Whole Country’s Support for the Elite Sports System” after the 2008 Beijing Olympic Games. Unpublished Doctoral Dissertation. Shanghai Sport University, China, 2009.
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14. Dolmatova T. V., Akinshev E. S., Kuznetsova E. V., Slutsky G. A.; High-performance sport in the People’s Republic of China: current state, trends and development prospects. / Under the general editorship of T. V. Dolmatova. Monograph. FGBU FNC VNIIFK. – M., 2023. – 227 p.
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ADMINISTRATIVE LAW
RYAZANOV Sergey Viktorovich
General Director of YUK Taxarbitr LLC, State University of Land Management
METHODOLOGICAL BASIS FOR DETERMINING THE VALUE OF LAND
The article examines the features of methodological support for the cadastral assessment based on the provisions of the Rosreestr Order dated 04/08/2021 No. P/0336 “On approval of Methodological guidelines on state cadastral assessment”. It is noted that their content reflects questions about the rules for establishing the cadastral value of land plots and other real estate objects. At the same time, the complexity of the implementation of the cadastral valuation procedure is indicated, due to the difficulties of obtaining reliable data, which place high demands on information transparency, and in addition, regular updating of data on registered real estate transactions by the relevant structures of the Federal Register (for example, quarterly reports on purchase and sale transactions).
Keywords: cadastral valuation, site, valuation, methodology, cadastral zones, cost, grouping.
Article bibliography
1. Dispute on challenging the results of determining the cadastral value of residential premises (apartments) (based on the judicial practice of the Moscow City Court) // Assistant lawyer: electronic. journal. – 2024.
2. Ivanova A. I., Lepikhina O. Yu., Chernov A. V. Current state of appraisal zoning of the territory in the Russian Federation // Inter Expo Geo-Siberia. – 2022. – Vol. 7, No. 1. – P. 53-56.
3. Kiseleva N. A. Legal regulation and issues of law enforcement of the appraisal institute // State power and local self-government. – 2023. – No. 12. – P. 25-28.
4. Maryushkin I. E. Turnover of agricultural land // SPS ConsultantPlus, 2024.
5. Pylaeva A. V., Akinin M. V. Artificial intelligence and neural networks – tools for cadastral valuation of real estate as part of the National Spatial Data System // Property relations in the Russian Federation. – 2024. – No. 4. – P. 23-31.
6. Cassation ruling of the Fifth Cassation Court of General Jurisdiction dated December 12, 2019 No. 88a-568/2019 // SPS ConsultantPlus, 2024.
MUNICIPAL LAW
KOMLEV Evgeniy Yurjevich
Ph.D. in Law, Head of Judicial power, civil society and law enforcement sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia, associate professor of Department of Public Law, National Research University “Higher School of Economics”
DOSHCHATOV Anton Alexandrovich
magister student of the 2nd course, National Research University “Higher School of Economics”
LEGAL REGULATION OF THE FUNCTIONING OF ADMINISTRATIVE DISTRICTS IN THE SVERDLOVSK REGION
The article deals with the legal regulation of the activity of administrative districts in the Sverdlovsk Region (Sverdlovsk Oblast) in accordance with the legislation of the Sverdlovsk Oblast, analyzes the structure of their administrations, powers and interaction with state authorities of the subject of the Russian Federation and local self-government bodies. The authors noticed the positive influence of administrative districts on the functioning of the executive power of the Sverdlovsk Oblast and also formulated proposals on the functional and organizational expansion of their activity for the development of local self-government and organization of public authority at the regional level.
Keywords: administrative district, local self-government, subject of the Russian Federation, legislation, public authority.
Article bibliography
1. Komarova V. V. Territorial limits of public authority and special statuses of territories // Education and Law. – 2020. – No. 6. – P. 22-26.
2. Komlev E. Yu. Coordination of the activities of local authorities in Russia and Spain: a comparative legal study // Bulletin of Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – V. 26, No. 3. – P. 634-654. doi: 10.22363/2313-2337-2022-26-3-634-654
3. Peshin N. L. Territorial organization of public authority within the boundaries of federal territories // Constitutional and municipal law. 2021. No. 7. P. 35-40.
4. Chikhladze L. T., Larichev A. A. Dualistic model and “reasonable centralization” as factors in the effective functioning of local self-government in the public authority system of the Russian Federation // Bulletin of the Russian Universityeta of friendship of peoples. Series: Legal sciences. – 2020. – Vol. 24, No. 2. – P. 233-251. doi: 10.22363/2313-2337-2020-24-2-233-251.
MUNICIPAL LAW
KRYAKOV Denis Nikolaevich
postgraduate student of the 2nd course, Tver State University
INTERNATIONAL AND FOREIGN ECONOMIC RELATIONS OF LOCAL GOVERNMENTS: CONCEPT AND CONTENT
The article analyzes the concepts of international relations and foreign economic relations, reveals their contents and the relationship between them. Issues related to the exercise by local governments of their powers in the field of international and foreign economic relations are currently quite relevant both for a particular municipality and for the state as a whole. In modern conditions, it is important for the socio-economic development of the state to increase effective international and foreign economic cooperation between the subjects of the Russian Federation and local governments. The foreign economic policy of the state is determined by a certain system of factors that determine its environment. Thus, the international and foreign economic relations of the state, its subjects and local governments are an important part of the modern economy. The formation of a theoretical framework on the subject under study is a necessary component for effective reform of the state’s foreign economic policy. The main conclusions on the studied issues are presented.
Keywords: international relations, foreign economic relations, international cooperation, local government, municipal law.
Bibliographic list of articles
1. Bulgakova O. A. Legal regulation of foreign economic relations and investment practices of the regions of the Russian Federation: (using the city of Moscow as an example): a textbook in the areas of training 40.03.01 “Jurisprudence” and 41.03.05 “International Relations” / Moscow City University of Management of the Government of Moscow. – Moscow: Moscow State University of Management of the Government of Moscow, 2016. – P. 120.
2. Maslov D. G. Organization and technology of foreign economic activity: a textbook – method. manual: in 2 parts / Responsible. editors S. G. Mikhneva, D. G. Maslov. – Penza: Publishing house of PSU, 2017. – Part 1. – 324 p.
3. Sushko V. I. Economics and management of foreign economic activity: a textbook. – Minsk: Vysshaya shkola, 2022. – 496 p.
4. Tsarevskaya E. A. Organization and management of foreign economic activity: a collection of educational and methodological materials for the specialty 38.05.02 “Customs”. – Blagoveshchensk: Amur State University, 2022. – 44 p.
5. Esetova A. M. Organization and regulation of foreign economic activity: a textbook. – Makhachkala, DSTU, 2023. – P. 280.
MUNICIPAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty, North Caucasus branch, Russian State University of Justice, Krasnodar
PROBLEMS OF LEGAL REGULATION OF ACTIVITIES OF CONTROL AND ACCOUNTING BODIES OF MUNICIPALITIES
The article examines the problems of legal regulation of the activities of control and accounting bodies of municipalities, and reveals their role in the mechanism of public financial control. The article analyzes scientific approaches to determining the legal status of control and accounting bodies of municipalities in financial legal relations from the point of view of determining their place in the system of municipal government and organizational and legal status.
Keywords: financial control, budget control, municipalities, local government, control and accounting authorities.
Bibliographic list of articles
1. Amaryan A. V. Control and accounting body of a municipality as a subject of financial law: author’s abstract. dis. … candidate of legal sciences. – Saratov, 2022.
2. Belikov E. G., Amaryan A. V. The principle of independence of the activities of control and accounting bodies of municipalities in the system of principles of public financial control // Legal policy and legal life. – 2021. – No. 4.
3. Garayeva T. V., Gubina A. O. Control and accounting bodies of municipalities: problems of organization and functioning // Actual problems of science and practice: Gatchina readings – 2020: collection of scientific papers based on the materials of the VII International scientific and practical conference / Ed. T. O. Boziev, V. R. Kovalev. – Gatchina, 2020.
4. Dyatlov D. D. Control and accounting body of a municipality as a subject of budgetary legal relations // ExLegis: legal research. – 2023. – No. 4.
5. Smirnova E. N. Powers of control and accounting bodies of municipalities // Scientific support for the agro-industrial complex: a collection of articles based on the materials of the 75th scientific and practical conference of students on the results of them R&D for 2019 / Ed. A. G. Koshchaev. – Krasnodar, 2020.
6. Khabibullina A. T. Concept, goals and objectives of the activities of control and accounting bodies of municipalities in the Russian Federation // Alley of Science. – 2021. – Vol. 1, No. 11 (62).
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
ON THE QUESTION OF WHETHER THERE ARE GROUNDS FOR EXEMPTING THE DEBTOR FROM COLLECTING THE ENFORCEMENT FEE
The plaintiff, applying to the court for protection of violated rights, is interested not only in the issue of a positive judicial act in his favor, but also, first of all, in the execution of this judicial act properly and in a timely manner. An interest in the proper and timely execution of a judicial act is not only for the claimant, but also, to some extent, for the bona fide debtor. The incentive for the debtor to properly execute a judicial act is the collection of an enforcement fee from the debtor for the untimely execution of the judicial act. In this article, using specific practical examples, we will try to understand when the issuance of a ruling by a bailiff to collect such a fee from the debtor is not always lawful and justified.
Keywords: bailiff, enforcement fee, court order, good faith, debtor, claimant, court, enforcement.
Article bibliography
1. Decision of the Mansky District Court of Krasnoyarsk Krai dated 20.02.2018 in civil case No. 2-81. [Electronic resource]. – Access mode: http://mansk.krk.sudrf.ru (date of access: 19.12.2024).
2. Decision of the Mansky District Court of Krasnoyarsk Krai dated 22.11.2025 in administrative case No. 2A-391. [Electronic resource]. – Access mode: http://mansk.krk.sudrf.ru (date of access: 12/19/2024).
3. Determination of the Mansky District Court of the Krasnoyarsk Territory on the adoption of interim measures dated 11/09/2017 in case No. 2-458/2017 (from the archive of SNT “LP-2”).
4. Statistical data of the FSSP of Russia. [Electronic resource]. – Access mode: https://fssp.gov.ru (date of access: 12/19/2024).
CIVIL LAW
DURASOV Vladislav Vladimirovich
master’s degree, specializing in «Lawyer in Real Estate Transactions», St. Petersburg State University, lawyer of the limited liability company “Versus. Legal»
INSTITUTE OF REGULATORY TAKEINGS IN RUSSIA
The concept of regulatory takes is widely used in foreign legal systems. It allows property owners to receive compensation for losses caused by government actions that result in significant restrictions on their properties. However, there is currently no explicit provision in Russian law that allows for the use of this mechanism.
This article examines domestic legislation and the decisions of the Constitutional Court of Russia regarding the possibility of implementing regulatory takes and providing compensation to copyright owners for significant restrictions on their rights.
Keywords: regulatory takes, compensation, seizure of property, principle of the inviolability of property, land plot.
Bibliographic list of articles
1. Dobrachev D.V. Problems of judicial practice in the field of land turnover. – M.: Wolters Kluwer, 2005. [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
2. Bogolyubov S. A. Commentary on the Land Code of the Russian Federation (article by article). – M.: Prospect, 2017. – 784 p.
3. Strembelev S. V. Civil consequences of the introduction of a specially protected natural area regime in relation to a land plot. Commentary on the Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 20, 2018 No. 9-KG17-23 // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 11. – P. 30-40.
4. Krasnova T. S. Regulatory seizure of property (theses). // Zakon.Ru. [Electronic resource]. – Access mode: https://zakon.ru/blog/2021/12/29/regulyatornoe_izyatie_sobstvennosti_tezisy#:~:text=Regulatory%20seizure%20ofproperty%3A%20ratio%20s,16.1%20GK%20RF).
CIVIL LAW
IVANENKO Vitaliy Gennadjevich
expert
DELETION OF INFORMATION BY LAW: PERSONAL DATA PROTECTION IN THE DIGITAL WORLD
This article discusses the issues of deleting information by law. It is proven that personal data is, by its legal nature, an intangible asset with signs of inalienable and non-transferrable, converted into the form of perceived information, consent to the use of which is provided by the owner of a personal non-property right. The “right to be forgotten” is a legal tool that allows you to remove links to resources with false, outdated or illegal information about a person from search results. The article examines the practice of Roskomnadzor, as well as the possibilities of ensuring and protecting this right provided for by the current legislation of the Russian Federation.
Keywords: personal data, information, digitalization, digital ecosystems, telecom operator, information system owner.
Article bibliography
1. Arkhipov V. V. The problem of qualification of personal data as intangible assets in the digital economy, or there is nothing more practical than a good theory // Law. – 2018. – No. 2. – P. 52-68.
2. Bundin M. V. Personal data in the restricted information system: dis. … Cand. Sciences (Law). – M., 2009. – P. 72-130.
3. Kudashkin Ya. V. Legal support for the security of personal data processing on the Internet: dis. … Cand. Sciences (Law). – M., 2020.
4. Ozhegov S. I. Explanatory dictionary of the Russian language. – M., 1989. – P. 986.
5. Prosvetova O. B. Protection of personal data: author’s abstract. dis. … Cand. Sciences (Law). – Voronezh, 2005. – P. 6.
6. Pokamestova E. Yu. Legal protection of the confidentiality of personal data of minors: author’s abstract. dis. … Cand. Jurid. Sciences. – Voronezh, 2006 – P. 8.
7. Tevs M. A. Sale of personal data de facto: an overview of offers of voluntary data monetization services // Law. – 2023. – No. 9. – P. 102-110.
8. Growth and resilience through ecosystem building. May 23, 2023. [Electronic resource]. – Access mode: https://www.mckinsey.com/capabilities/growth-marketing-and-sales/our-insights/growth-and-resilience-through-ecosystem-building (date of access: 01/27/2025).
9. Official website of Roskomnadzor. [Electronic resource]. – Access mode: https://rkn.gov.ru/ (date accessed: 15.03.2025).
CIVIL LAW
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty, Samara State University of Economics
ZHURAVCHAK Vladislav Vasiljevich
student, Samara State University of Economics
KASIMOV Eduard Radikovich
student, Samara State University of Economics
THE ESSENCE AND FEATURES OF EVIDENCE IN THE NOTARIAL PROCESS
This scientific article presents current problems in Russian law that are related to the process of proof not only in the framework of civil law relations, but also in the activities of notaries. The relevance of the topic is determined by the importance of the legislative norms governing the activities of notaries, in addition, the law identifies certain criteria of proof by a notary. In conclusion, the author highlights the specifics and essence of notarial evidence in the framework of the evidentiary process, but the limits of proof by a notary are significantly exceeded in a civil law contract concluded with individuals. So the wording of the contract has more powers of the notary than the legislation interprets. This fact confirms the special importance of the notary in the proof process.
The subject of proof should be understood as the necessary documents and information that contain all information about the presence or absence of a specific committed fact. Paying attention to the specific provisions of the law on notaries, we note the presumption in the notarial process, which should be understood as information that is unproven or when providing evidence, the notary violated the process of obtaining or submitting such evidence.
Speaking about the specifics of the notary’s activity in the process of proving, the author identifies several forms of notarial proceedings: simple and complex. Based on the information received and the analyzed judicial practice, the author concludes that there is a need for legal regulation of notarial activities within the framework of the evidentiary process, in order to establish all the necessary conditions for a notary to work in this process. The process of proof for a notary is complex and time-consuming, since the process of proof consists in the adoption of all necessary facts or their absence, in order to obtain the truth between the persons involved in the case.
Therefore, the main task of a notary in the proof process is to establish the truth for the persons involved in the case in order to settle their legal relations.
Keywords: notarial activity, legal regulation, limits of proof, the concept of proof.
Bibliographic list of articles
1. Ageeva G. E., Kuzmina Z. A. Problems of using digitalevidence in civil proceedings // Science Diary. – 2021. – No. 7 (55).
2. Grigorieva T. A., Tkachenko E. V., Fomicheva R. V., Shcherbakova L. G. Notaries in the Russian Federation. Study Guide. – M.: Justice, 2019. – 224 p.
3. Denisova E. E. Notaries in the Russian Federation. – M.: Prospect, 2019. – 192 p.
4. Kuznetsov N. A., Yastrebov D. V. Systemic characteristics of the functions of the notary: problem situations of notarial theory and practice // Notary. – 2022. – No. 8. – P. 3-7.
5. Mironov A. N. Notaries: study guide. – M.: Infra-M, 2019. – 196 p.
6. Nazarova L. A. The problem of formation of the notarial law branch and current trends in the development of the legislation of the Russian Federation on notaries // Notary. – 2023. – No. 4. – P. 9-14.
7. Notaries / Ed. by A. O. Inshakova, A. Ya. Ryzhenkov. – M.: Yurait, 2024. – 468 p.
8. Skachkova O. S., Churakova E. N., Loshkarev A. V. Pre-trial provision of evidence by a notary: problems of law enforcement practice // Issues of Economics and Law. – 2020. – No. 140. – P. 21-25.
CIVIL LAW
KOKOVA Liana Ruslanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
LITYAGINA Alla Sergeevna
senior lecturer of Civil law and process sub-faculty, Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
ANALYSIS OF THE SPECIFICS OF LEGAL REGULATION OF THE LABOR OF MEDICAL WORKERS IN THE RUSSIAN FEDERATION
One of the most important areas that determine the level of development of the state is healthcare. The efficiency of medical organizations, institutions and the quality of medical services are determined by many criteria. A special area that influences the development of the healthcare system is the system of legal regulation of labor relations in the healthcare sector. The issue of increasing the efficiency of medical workers is one of the priority areas of state policy in the field of healthcare. The basis for improving the system of labor relations in medical organizations, institutions is the development of legal regulation of the labor of medical workers, taking into account the specifics of labor activity in medical organizations and institutions. The work of medical workers is associated with certain risks to their health, sometimes life, as well as a high level of responsibility for the health and life of patients. These are the specific characteristics of the work of medical workers that are reflected in the regulatory legal acts regulating this area. Particular attention is required to issues of legal regulation of remuneration of medical workers. Since it is remuneration that determines the motivation of medical workers. Due to the emergence of problems in terms of remuneration of medical workers, namely the tendency to decrease the overall level of remuneration in 2024, relevant recommendations have been developed.
Keywords: legal regulation, medical workers, incentive payments, salary, working hours, working conditions, risks, qualifications, medical institutions, health care.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Labor Code of the Russian Federation of 30.12.2001 No. 197-FZ (as amended on 28.12.2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Federal Law “On the Fundamentals of Health Protection of Citizens in the Russian Federation” of 21.11.2011 No. 323-FZ (latest revision). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Letter of the Ministry of Health of the Russian Federation and the Ministry of Labor and Social Protection of the Russian Federation dated March 29, 2024 16-3/И/1-5816, 14-1/10/П-2380 On sending methodological recommendations on the procedure for implementing paragraph 6 of the Resolution of the Government of the Russian Federation dated December 28, 2023 No. 2353. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
5. Vazirova R. M. Some features of legal regulation of labor of medical workers in the Russian Federation // Young scientist. – 2023. – No. 22 (469). – P. 240-242.
6. Shcherbakova O. V. Legal regulation of working hours of medical workers: analysis of judicial practice // Electronic supplement to the “Russian Law Journal”. – 2023. – No. 5. – P. 51-60.
CIVIL LAW
KRIVITSKAYA Yuliya Stanislavovna
senior lecturer of Civil law sub-faculty, Southern University (Institute of Management, Business and Law) Rostov-on-Don, postgraduate student of Civil law sub-faculty, Southwestern State University, Kursk
THE CONCEPT OF FAMILY BUSINESS AND ITS ROLE IN THE IMPLEMENTATION OF HEREDITARY LEGAL RELATIONS
This article examines the concept of family business as a key element in the context of the implementation of hereditary legal relations. The family business, as a unique form of entrepreneurship, has specific features related to the transfer of business and assets from one generation to another. The paper analyzes the basic principles of organizing a family business, problems in the transfer of inheritance and ways to solve them, as well as measures to minimize risks.
The scientific novelty of the research lies in a systematic approach to understanding the relationship between family business and hereditary legal relations. For the first time in Russian legal science, a comprehensive model has been presented that combines theoretical and practical aspects of family business management, inheritance features, and legal mechanisms that protect the interests of both the business and its participants.
Keywords: inheritance, family business, will, contracts, concept, hereditary legal relations.
Article bibliography
1. Gushchin V. V. Concept and essence of the inheritance contract of spouses. Family business in the legal space of Russia: monograph. – M., Prospect, 2020.
2. Danilov E. P. Inheritance: monograph. – M., 2020. – 160 c.
3. Ogloblina O. M. Inheritance by law and will. Practical guide: monograph. – M., 2021. – 995 c.
CIVIL LAW
Medzhidova E. V.
Candidate of Law, Science South Ural State University (National Research University)
ACQUISITIVE LIMITATION AS A BASIS FOR THE CREATION OF OWNERSHIP RIGHTS: PROBLEMS OF THEORY AND PRACTICE
Acquisitive prescription as a basis for the emergence of property rights is a complex and multifaceted legal institution that causes ongoing debate in the scientific community and gives rise to many practical problems in law enforcement activities. This article is devoted to a comprehensive analysis of the theoretical foundations and practical aspects of the application of acquisitive prescription as a method of acquiring property rights. The paper examines approaches to understanding the essence of acquisitive prescription, the historical development of the institution of acquisitive prescription. The main elements of acquisitive prescription, such as good faith, openness, continuity and prescription of possession, are analyzed. A separate place in the study is occupied by the analysis of problems arising in connection with the application of acquisitive prescription in practice.
Keywords: acquisitive prescription, openness, good faith, continuity, prescription, vicious transaction.
Article bibliography
1. Khaliullin R. A., Volkova S. V. Anomalous acquisitive prescription in Roman law // St. Petersburg State University. Actual problems of science and practice. – 2019. – No. 2. – P. 15-17.
2. Man’ko O. V., Kurokhtina O. A., Actual problems of the emergence of the right of ownership of residential premises by virtue of acquisitive prescription // Development of science and practice in a globally changing world in the face of risks. Moscow: Alef. – 2022. – P. 27-31.
3. Sklovsky K. I. Application of property legislation. Difficult questions: Commentary on the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010, the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 54 of July 11, 2011, the Information Letter of the Presidium of the Supreme Arbitration Court. – M.: Statut, 2016. – 205 p.
4. Ablyatipova N. A., Kravtsova A. A. Systematicity of Law Enforcement Practice on Issues of Acquisitive Prescription and Defects in a Transaction on Transfer of Property into Ownership // Scientific Notes of the Tambov Branch of the Russian University of Management. – 2020. – No. 17. – P. 64-76.
5. Vlasova Yu. Yu., Kuzmina M. V. Legal Aspects of the Transfer of Rights to a Land Plot by Acquisitive Prescription in the Russian Federation // In the collection: Intellectual Compass: Direction of Scientific Discoveries. – 2024. – pp. 153-158.
CIVIL LAW
TELIBEKOVA Irina Mendigereevna
Ph.D. in Law, professor of the Higher School of Natural Sciences and Humanities, Baishev University, Aktobe, Republic of Kazakhstan, doctoral student, Russian State Academy of Intellectual Property
FOREIGN EXPERIENCE OF EDUCATIONAL INSURANCE
The article examines foreign experience in educational insurance. The author provides an overview of insurance programs offered by insurers in foreign countries that allow receiving insurance payments to pay for education, travel, and accommodation of a child, including in the event of the death of a parent, and also provides an example of legal regulation of state educational savings insurance in the Republic of Kazakhstan.
Keywords: insurance, educational insurance, insurance contract, insurance event, insurer, policyholder, beneficiary.
Article bibliography
1. Nedospasova O. P., Kaida A. Yu., Nedospasov A. A. Financing of higher education in the context of economic instability: general and specific for OECD countries // National interests: priorities and security. – 2016. – No. 7 (340). – P. 178-191.
CIVIL LAW
KHANOVA Zaira Reimanovna
Ph.D. in Law, associate professor of Civil law sub-faculty, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
BAGANDOV Dzhabrail Rustamovich
lawyer-consultant of the legal department, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
REFORM IN PROPERTY LAW: REALITY AND PROSPECTS
The article is devoted to the discussion of the need for legislative reform in the field of property law in Russia. The analysis of the existing domestic real estate law is carried out. The problems and conflicts that arise in practice related to the definition of real estate objects are identified. The comparison of real estate law in the domestic and foreign legal order is carried out. The issue of changing the concept of multiple real estate to the concept of a single real estate object is considered as a way to solve existing problems of domestic real estate law.
Keywords: reform of property law, concept of multiplicity of real estate object, concept of a single real estate object, principle of unity of fate of the land plot and the object on it.
Article bibliography
1. Bevzenko R.S. State registration of rights to real estate: problems and solutions // Herald of civil law. – 2011. – Vol. 11, No. 6.
2. Concept of development of civil legislation on real estate. Adopted at a meeting of the Council under the President of the Russian Federation for the codification and improvement of civil legislation on December 15, 2003 (minutes No. 18). – P. 40-41, 85. [Electronic resource]. – Access mode: http://www.civilista.ru/files/gk/concepcii/nedvijimost.pdf?ysclid=m9x4jc48rr49320273
3. Sukhanov E. A. Property Law: Scientific and educational essay, Statut, 2017. – P. 112.
4. Bevzenko R. S. Land plot with buildings on it: introduction to Russian real estate law. [Electronic publication]. – M.: M-Logos, 2017. – P. 69.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
LEGAL BASIS AND LEGAL SIGNIFICANCE OF LABELING OF MEDICAL PRODUCTS ENTERING THE PLASTIC SURGERY CLINIC IN THE NATIONAL DIGITAL LABELING SYSTEM “HONEST SIGN”
The article reveals the concept, essence and meaning of electronic labeling of medicines. The features of the legal regulation of labeling of medical devices entering the plastic surgery clinic are considered. The requirements for registration of a medical clinic of plastic surgery in the Honest Sign system and its process are investigated. The procedure for entering the necessary information from the system is analyzed.
Keywords: labeling, medical clinic, Honest Sign system, medicines, medical devices, registration.
Article bibliography
1. Andreeva L. V., Bykovsky V. K. Mandatory labeling and traceability systems for goods: concept, types, digital transformation // Business Law. – 2022. – No. 1. – P. 41-51.
2. Demushkina A. A., Utkina A. V. Actual aspects of drug labeling // Bulletin of GGTU. Medicine, pharmacy. – 2020. – No. 4. – P. 102-103.
3. Ermolova O. N., Kavelina N. Yu. Problems of introducing product labeling with identification means // Law and digital economy. – 2021. – No. 3. – P. 11 – 19.
4. Melnikova V. V. Modern aspects of drug labeling: organizational model for introducing “datamatrix” labeling of a drug // Healthcare manager. – 2019. – No. 5. – P. 30 – 34.
5. Panova A. S. Product labelingidentification means as a means of combating counterfeiting in the context of digitalization // Business Law. – 2022. – No. 1. – P. 52-59.
6. Spitskaya I. A., Sycheva V. N. Mechanisms for monitoring the circulation of medicines // Remedium Privolzhye. – 2017. – No. 6 (156), July-August. – P. 6-7.
7. Tregubov A. N. Creation of a traceability system as a measure to counteract the illegal import of goods // Customs Affairs. – 2019. – No. 3. – P. 16-18.
8. Tezina N. N. Labeling of drugs from the manufacturer to the end consumer. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/markirovka-lekarstvennyh-preparatov-ot-proizvoditelya-do-konechnogo-potrebitelya?ysclid=lvici50jmb243129333.
CIVIL LAW
BATANOV Anton Alexandrovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
INSTITUTE OF PRE-CONTRACTUAL LIABILITY IN RUSSIA AND SOME FOREIGN COUNTRIES: THE HISTORY OF FORMATION AND FEATURES OF APPLICATION
The present study is aimed at examining the legal regulation of pre-contractual liability in the Russian Federation and foreign countries. The author analyzes the historical origins of this institution, starting with the concept of culpa in contrahendo by Rudolf von Ihering, and traces its further development in European legal doctrine. The research explores the specifics and features of the practical application of pre-contractual liability in Russia and certain foreign legal systems. The study employs a comparative analysis of approaches to pre-contractual liability in various legal systems, including civil law (Russia, France, Germany, Italy) and common law (USA, UK), which allows for the identification of both common trends and national regulatory peculiarities. The author emphasizes that pre-contractual liability has a compensatory nature and is primarily aimed at reimbursing expenses related to negotiations, as well as losses resulting from the loss of alternative opportunities to engage with third parties.
Keywords: pre-contractual liability, negotiation process, pre-contractual stage, organizational relationship, damages.
Bibliographic list of articles
1. Farnsworth E. A. Precontractual Liability and Preliminary Agreements: Fair Dealing and Failed Negotiations. Columbia Law Review, 1987. – No. 87 (2). [Electronic resource]. – Access mode: https://doi.org/10.2307/1122561 (date of access: 10.01.2025).
2. Bogdanov D. E. Fairness as the main principle for determining the amount of pre-contractual liability // Advocate. – 2014. – No. 4. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Budylin S. L. Is there an obligation to negotiate in good faith, or the Case of the unlocked door // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 6. – P. 36-51.
4. Girshbandt A. S. The problem of pre-contractual liability in the latest civilistics // Law: weekly legal newspaper. – 1912. – No. 43.
5. Gnitsevich K. V. Pre-contractual liability in civil law (culpa in contrahendo): dis. … candidate of legal sciences. – St. Petersburg, 2009.
6. Zhuzhalov M. B. The doctrine of R. von Ihering on pre-contractual liability: influence on the present and possibilities for application in the future (commentary on the Russian translation of the work “Culpa in contrahendo, or “Compensation for damages due to invalidity or non-conclusion of contracts”) // Bulletin of civil law. – 2013. – No. 3. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
7. Ihering R. Culpa in contrahendo, or Compensation for damages due to invalidity or non-conclusion of contracts // Bulletin of civil law. – 2013. – No. 3. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
8. Chistyakov P. D. Pre-contractual liability in Russian and foreign law: diss. … candidate of legal sciences. – M., 2024.
CIVIL LAW
GORDYUSHKIN Igor Germanovich
postgraduate student of the 3rd course of the G. V. Plekhanov Russian University of Economics
COMPARATIVE LEGAL ANALYSIS OF INTERGOVERNMENTAL FINANCIAL ORGANIZATIONS AND AUTHORIZED BANKS OF THE RUSSIAN FEDERATION: FEATURES OF LEGAL STATUS AND SCOPE OF ACTIVITY
The article presents a comparative legal analysis of the legal status and functions of intergovernmental financial organizations and authorized banks in the Russian Federation. It demonstrates that although these entities perform similar functions, they differ significantly in their legal regime and areas of operation. International financial organizations operate on the basisof multilateral agreements and enjoy autonomy in conducting currency operations, focusing on macroeconomic stability and investment support. In contrast, Russian authorized banks are strictly governed by national legislation, acting as agents of currency control and implementing state priorities, including overseeing the state defense order and providing support to the agro-industrial sector. The author concludes that a balance must be struck between international obligations and national interests in the regulation of financial activities.
Keywords: international financial organizations, authorized banks, currency regulation, state defense order, agro-industrial complex, legal status
Bibliographic list of articles
1. Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Federal Law of 10.12.2003 No. 173-FZ “On Currency Regulation and Currency Control”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Federal Law of 30.12.2004 No. 214-FZ “On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Federal Law of 29.12.2012 No. 275-FZ “On State Defense Order”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
5. Agreement on the establishment of the International Investment Bank (signed in Moscow on 10.07.1970). [Electronic resource]. – Access mode: Access from the reference and legal system “Garant”.
6. Charter of the Eurasian Development Bank (adopted on 12.01.2006). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901969220?ysclid=m9hhkomvfi211512504.
7. Ivanov I. I. Legal status of international financial organizations in the context of globalization // Journal of International Law. – 2023. – No. 4. – P. 44-58.
8. Petrov P. P. Legal regulation of the activities of authorized banks: problems and solutions. – M.: Yurait, 2022. – 240 p.
9. Sidorov S. S. Sanctions and their impact on the banking sector of the Russian Federation: a comparative legal analysis // Russian Law Journal. – 2023. – No. 2. – P. 110-120.
CIVIL LAW
ILYAKHINA Anna Alexandrovna
postgraduate student, Rostov State University of Economics (RINE)
THE ROLE OF THE INSTITUTE OF COMMISSIONERS FOR THE PROTECTION OF THE RIGHTS OF ENTREPRENEURS IN THE IMPLEMENTATION OF LEGAL MECHANISMS FOR THE PROTECTION OF THE RIGHTS OF BUSINESS ENTITIES
In the context of the development of the domestic economy, competent protection of the rights of business entities is becoming increasingly important. The purpose of the study is to analyze the institution of the Commissioner for the Protection of the Rights of Entrepreneurs in Russia as one of the legal mechanisms that ensure the protection of business entities. The study aims to determine the effectiveness of this protection mechanism, identify problems and formulate proposals for its further improvement. The hypothesis of the study is that the institution of the Commissioner for the Protection of the Rights of Entrepreneurs is an important but insufficiently effective mechanism for protecting the rights of entrepreneurs in Russia. The effectiveness of its work can be increased by expanding its powers, improving coordination with government authorities and developing information activities. Using the formal legal method, methods of comparative legal analysis and systematization, a study of this form of protection of the rights of business entities in Russia, its advantages and disadvantages, as well as development prospects has been conducted. As a result of the research, proposals have been formulated to improve this mechanism for protecting the rights of entrepreneurs in Russia, allowing them to optimize the work of the Commissioners, which will help improve the business climate and stimulate economic growth.
Keywords: protection, business entity, business ombudsman.
Article bibliography
1. Belov V. E. Commissioners for the Protection of Entrepreneurs’ Rights: Role and Place in the System of Protecting the Rights of Participants in Public Procurement // Laws of Russia: Experience, Analysis, Practice. – 2020. – No. 4. – P. 51-55.
2. Borshchevskaya A. E., Kovalenko E. D. Institute of Business Ombudsman: from the Experience of Foreign States to National Legislation // Current Issues of Law, Education and Psychology: Collection of Scientific Papers. Volume Issue 8. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the RepublicBelarus”, 2020. – P. 20-26.
3. Valikov N. S. The role of the institution of the Commissioner for the Protection of Entrepreneurs’ Rights in the development of entrepreneurship // Legal Bulletin. – 2023. – No. 1 (13). – P. 10-15.
4. Golovin E. A., Novikov V. N. On the activities of the Commissioner for the Protection of Entrepreneurs’ Rights in the Kursk Region // State and Society: Yesterday, Today, Tomorrow. – 2016. – No. 15 (3). – P. 42-50.
5. Golovko A. A., Lilikova O. S. Protection of the rights of entrepreneurs: foreign and Russian experience of business ombudsmen // E-Scio. – 2019. – No. 10 (37). – P. 577-582.
6. Magomedova M. A., Kaitmazov Z. K. Participation in the arbitration process of the Commissioner for the Protection of Entrepreneurs’ Rights in the Russian Federation // Legal Bulletin of the Dagestan State University. – 2020. – Vol. 33, No. 1. – P. 128-132.
7. Mekhdiev M. E. O. Problems of protecting the rights of business entities and ways to solve them // International Journal of Humanities and Natural Sciences. – 2024. – No. 4-2 (91). – P. 43-46.
8. Plakhova E. S. Reports of commissioners for the protection of entrepreneurs’ rights in the constituent entities of the Russian Federation and their impact on the development of legislation on entrepreneurial activity // News of higher educational institutions. Volga region. – 2024. – No. 3 (71).- P. 103-111.
9. Plakhova E. S. Legal analysis of the appeal to the Commissioner for the Protection of Entrepreneurs’ Rights as a way of protecting the rights of business entities // Prologue: journal on law. – 2024. – No. 2. – P. 39-48.
10. Ryabov A. A. Commissioners for the Protection of Entrepreneurs’ Rights as third parties in arbitration proceedings // Judge. – 2021. – No. 8. – P. 9-12.
CIVIL LAW
KINDEEV Vladislav Olegovich
postgraduate student of Entrepreneurial and corporate law sub-faculty, of the O. E. Kutafin Moscow State Law University (MSAL)
CHALLENGING THE MARRIAGE CONTRACT OF AN INSOLVENT DEBTOR – INDIVIDUAL ENTREPRENEUR
The article is devoted to challenging the marriage contract of an insolvent debtor – individual entrepreneur. The article considers the issues of opposability of the terms of the prenuptial agreement to creditors, the procedure of implementation of the right to challenge the prenuptial agreement and the consequences of invalidity of the prenuptial agreement. Legal consequences of invalidity of transactions of an insolvent debtor – individual entrepreneur are determined. Special attention is paid to the relative invalidity of transactions of an insolvent debtor. Also analyzed is the actual court practice on the issue of contesting transactions of an insolvent debtor and assessed the formed legal positions. As a result, conclusions were drawn on the necessary directions for improving the legislation on challenging transactions of an insolvent debtor.
Keywords: competitive challenge, non-competitive challenge, insolvency, prenuptial agreement, invalidity, individual entrepreneur.
Bibliographic list of articles
1. Genkin D. M. Relative invalidity of transactions // Bulletin of civil law. – 2014. – V. 14, No. 4. – P. 190-220.
2. Kantor N. E. Imaginary owner: issues of legal qualification // Law. – 2024. – No. 2. – P. 37-52.
3. Osmanova D. O. Opposability of the terms of the marriage contract to the interests of the founders (participants) of a business entity // Business and Law. – 2023. – No. 1. – P. 54-74.
4. Frolov I. V. On the formation of an effective model of joint bankruptcy of spouses in the Russian jurisdiction // Law and Economics. – 2022. – No. 1. – P. 24-31.
5. Shishmareva T. P. Features of challenging in insolvency (bankruptcy) procedures of transactions of a debtor-citizen // Entrepreneurial law. Appendix “Law and Business”. – 2018. – No. 3. – P. 39-44.
CIVIL LAW
LYSENKO Nelly Alexeevna
master in law, senior lecturer of Linguistics and foreign languages sub-faculty, Rostov branch, V. M. Lebedev Russian State University of Justice
INCLUSIVE EDUCATION REGULATORY FRAMEWORK IN AN EDUCATIONAL ESTABLISHMENT
The article presents an analysis of the main sources of law that form the regulatory framework for inclusive education. The role of the Constitutional Court in determining the main direction of development of inclusive education in accordance with the norms of the Constitution of the Russian Federation is noted. The fundamental importance of constitutional norms as the most significant source of law in this area is affirmed. The main directions of legal regulation of inclusive education are determined by the Federal Law “On Education in the Russian Federation”, which is currently being widely amended and supplemented taking into account the higher level of development of educational legal relations. An improvement in the quality of legal technology in the creation of new norms and changes in the old ones in terms of regulating relations in the field of inclusive education are mentioned. A positive trend is the change in the conceptual and categorical apparatus. Some problems related to the implementation of the right to receive general education by children with disabilities are distinguished, as well as the need to increase the level of its accessibility using distance technologies and the corresponding change in legal norms in order to provide children with disabilities with special technical means that facilitate the development of general education programs. The example of Rostov region reveals the role and responsibility of regional authorities in increasing the availability of general education for children with special needs and disabled children. It is the regions that must adopt the relevant regulations that specifically regulate the legal relations in question, taking into account the social and economic characteristics of the regions of the Russian Federation.
Keywords: inclusive education, general education, social rights, right to education, children with disabilities, disabled children.
Article bibliography
1. Baboshina E. V., Guseynova I. S., Popova E. Yu. Legal basis for inclusive education in the constituent entities of the Russian Federation // Education and Law. 2024. No. 5.
2. Berezovsky A. S. Types of social guarantees in the Russian Federation // Economy and Society. 2020. No. 5-1 (7).
3. Biryukova E. V., Biryukova K. O., Ezhova I. S., Karpacheva G. V. Problems and prospects for the development of distance learning for children with disabilities // Pedagogy and psychology as a resource for the development of modern society. Proceedings of the XI International Scientific and Practical Conference dedicated to the 70th anniversary of the Department of Psychology of the Ryazan State University named after S. A. Yesenin / Ed. L. A. Baykova. Ryazan: Ryazan State University named after S. A. Yesenin, 2019.
4. Dzhamaludinova Z. G. Distance learning for children with disabilities using multimedia resources // Pedagogical experience: from theory to practice. Proceedings of the All-Russian Scientific and Practical Conference. Cheboksary: Limited Liability Company “Center for Scientific Cooperation” Interactive Plus “, 2023.
5. Kuznetsova N.A., Litvin K.S., Fadeev A.A. The Problem of Accessibility of Education for the Hearing and Visually Impaired in Russia // Modern Science, 2020. No. 12-1.
6. Luzhnykh I.V., Amosova V.G. Organization of Distance Learning for Children with Disabilities in a Comprehensive School // VII All-Russian Scientific and Practical Internet Conference “Theory and Practice of Distance Learning for Students and Young People with Disabilities.” Collection of materials. – Kemerovo, State educational institution “Kuzbass Education Center”.
CIVIL LAW
MASLOV Konstantin Alexandrovich
magister student of the 2nd course, Law Faculty, Financial University under the Government of the Russian Federation
THE CONCEPT OF SHARING AND ITS CONSOLIDATION IN RUSSIAN CIVIL LEGISLATION
The relevance of the research topic is related to the fact that in modern Russia the “sharing” economy is actively gaining popularity and is becoming more widespread, which in other countries can already be called a traditional institution, whereas in the Russian Federation society is only taking the first steps in this direction. The purpose of the scientific article is to determine the possibility and necessity of in-depth reflection of the concept of sharing in the civil legislation of Russia, for which the essence of sharing, its mechanism, as well as existing contractual structures in domestic civil legislation are analyzed. As a result, a conclusion is drawn about possible ways to improve civil law regulation. The scientific and practical significance of this research consists in an attempt to adapt the content of the Civil Code of the Russian Federation to the changing external environment and behavior of participants in civil turnover. The value of the research conducted lies in the fact that it draws the author’s conclusions on the relevant areas of development of Russian civil legislation, which can be adopted in the course of further scientific and legislative activity.
Keywords: sharing, shared consumption, shared use, civil law, contract, rental
Bibliographic list of articles
1. Karpeev O. V., Yashnova S. G. Legal nature of the agreement on the transfer of temporary possession and use of personal mobility equipment (using an electric scooter as an example) // Jurist. – 2022. – No. 1. – P. 44-48.
2. Kireeva N. S. Preferences of users of property sharing servicesy: results of the study of search query statistics // Monitoring public opinion: economic and social changes. – 2021. – No. 4. – P. 258-274.
3. Komissarova S. V. Legal nature of an online rental agreement using carsharing as an example // Law and State: Theory and Practice. – 2022. – No. 8 (212). – P. 30-32.
4. Kurganov V. V. Legal regulation of a carsharing agreement: qualification issues // Transport law. – 2024. – No. 2. – P. 23-25.
5. Semenov Ya. I., Vinogradova I. M., Klimenko A. V. On the issue of the regulatory framework for sharing in Russia in the context of civil law. [Electronic resource]. – Access mode: https://naukaip.ru/wp-content/uploads/2019/06/MK-572-3.pdf (access date: 01/22/2025).
CIVIL LAW
MATVEEV Konstantin Sergeevich
postgraduate student of Public law and digital law sub-faculty, Moscow Financial and Industrial University “Synergy”
THE RESPONSIBILITY OF MEDICAL ORGANIZATIONS FOR HARMING THE HEALTH OF PATIENTS: JUDICIAL PRACTICE AND TRENDS
This article is devoted to the analysis of judicial practice and identified trends in the field of responsibility of medical organizations for harm to the health of patients. The study examines various aspects of the legal regulation of medical activity, the emphasis is on the criteria for establishing a causal relationship between the actions (inaction) of medical professionals and the negative consequences for the health of patients. The analysis includes the study of court decisions in cases of medical errors, improper provision of medical care, violation of standards of medical care, as well as the role of medical documentation in establishing guilt and determining the amount of compensation. Special attention is paid to the problems of proof in such disputes, the difficulties in examining medical cases, as well as the role of health insurance in minimizing risks for medical organizations. Based on the analysis of numerous court cases, a comparative analysis of the judicial practice of various courts is carried out and the most common mistakes of medical organizations and their employees leading to liability are identified.
Keywords: medical responsibility, medical error, injury to health, medical examination, evidence, compensation for moral damage.
Bibliographic list of articles
1. Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-FZ (as amended on August 8, 2024, as amended on October 31, 2024) // Collected Legislation of the Russian Federation. – December 5, 1994. – No. 32. – Art. 3301.
2. Federal Law of November 21, 2011 No. 323-FZ (as amended on December 28, 2024) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” // Collected Legislation of the Russian Federation. – November 28, 2011. – No. 48. – Art. 6724.
3. Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2022 No. 33 “On the practice of applying the rules on compensation for moral damage by the courts” // Rossiyskaya Gazeta. – 11/25/2022. – No. 267.
4. Baibak V. V. The relationship between contractual and tort liability in medical practice // Medicine and Law. – 2012. – No. 3. – P. 28-35.
5. Potseluev E. L., Gorbunov A. G. Civil liability for improper medical care // Science. Society. State. – 2016. – No. 4 (16). – P. 20-32.
6. Vladimirova A. V. Current issues and problems of compensation for moral damage caused during the provision of medical care, and ways to solve them // Young scientist. – 2017. – No. 44. – P. 107-109.
CIVIL LAW
MELIKYAN Albert Spartakovich
postgraduate student, Private Law (Civil) Sciences, Faculty of Law, Moscow Financial and Industrial University “Synergy”
SIMONYAN Gor Mgerovich
postgraduate student, Private Law (Civil) Sciences, Faculty of Law, Moscow Financial and Industrial University “Synergy”
PRIVATE LAW ASPECTS IN THE FIELD OF EDUCATION
The article is devoted to the implementation of private law in the educational system of the Russian Federation, discusses the regulation of educational relations by the norms of private law, discusses controversial issues in the provision of educational services.
Keywords: private law relations, education, legal regulation, legal relations, education agreement, educational service.
Article bibliography
1. Bulygin A. S., Samsonova N. V. Risks in the activities of educational organizations: organizational and legal aspects // Scientific dialogue. – 2018. – No. 1. – P. 222-230.
2. Zenkova M. A. Administrative and legal regulation of the activities of the education system in the Russian Federation // Bulletin of the Ural Institute of Economics, Management and Law. – 2016. – No. 3. – P. 85-90.
3. Kazakov V. P., Revnova M. B. Features of theagreements on the provision of educational services // Legal Thought. – 2001. – No. 5. – P. 46-51.
4. Kalandarishvili Z. N., Kochisov Ch. V. Legal support for pedagogical education // Territory of Science. – 2015. – No. 6. – P. 160-163.
5. Syrykh V. M. Educational services and educational legal relations: controversial views and actual content // Journal of Russian Law. – 2017. – No. 4. – P. 69-79.
6. Khodyrev P. M., Khodyreva E. A. Compensation for damage caused to university students by poor-quality education: prospects for legislative regulation // Bulletin of Udmurt University. – 2011. – No. 4. – P. 160-165.
7. Tsyplakova S. A., Bystrova N. V., Goselbakh O. I. Normative-legal regulation in the field of educational activities // Innovative economy: prospects for development and improvement. – 2019. – No. 4 (38). – pp. 105-110.
CIVIL LAW
SERGEEV Roman Borisovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
A STUDY OF THE STRATEGY FOR MANAGING THE CONFIDENTIALITY OF THE SECURITY OF DIGITAL INFORMATION IN THE JUDICIAL ARCHIVE
The Internet and digital information technologies have changed management in all industries. The amount of work involved in managing court archives is huge, and the confidentiality of information is extremely high. If digital information management methods are applied to the management of court archives, work efficiency can be significantly improved, and a higher level of confidentiality and security is ensured compared to traditional methods of information management and preservation. Only by ensuring the security and confidentiality of information in judicial archives can judicial archives be managed in a more standardized and efficient manner, which will be discussed in this article.
Keywords: confidentiality, security, digital information, judicial archive.
Article bibliography
1. Likholetov V.V., Pestunov M.A. Pseudo-innovations and conflicts of interest in the innovation sphere of modern Russia as a threat to national security // Management in modern systems. 2020. No. 4 (28). P. 89-99.
2. Shumkin E. M. Managerial activity of the actor as a potential for conflict of interest: a convergent approach // Bulletin of Perm University. Philosophy. Psychology. Sociology. 2020. No. 1. P. 152-161.
3. Kapinus O. S. Legal problems of preventing conflicts of interest in the public administration system // Journal of Foreign Legislation and Comparative Law. 2018. No. 3. P. 15-19.
4. Okhotsky E. V. The concept of “conflict of interest” in the administrative law of the Russian Federation // Law and Management. XXI century. 2019. No. 4 (53), T 19. P. 118-129.
5. Ermakova E. P., Frolova E. E. Artificial Intelligence in Civil Proceedings and Arbitration: Experience of the USA and China. Monograph. Moscow: Yurlitinform Publishing House, 2021.
6. Ermakova E. P. Stages of Court Informatization in China: Versions 1.0, 2.0, 3.0 and 4.0 // Eurasian Law Journal. 2022. No. 10 (173). P. 43-47.
7. Ermakova E. P. China’s Experience in Implementing Artificial Intelligence Technologies in the Practice of State Courts // Economic Justice in the Ural District. 2022. No. 4 (64). P. 94-102.
8. Ermakova E. P., Frolova E. E. Dispute resolution and artificial intelligence: pros and cons, Prospects and problems of development of arbitration proceedings in Russia // Collection of articles based on materials of a scientific and practical conference with international participation. 2020. pp. 29-36.
CIVIL LAW
SVETLICHNY Artur Vladimirovich
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
INNOVATIONS IN THE LEGAL REGULATION OF LIABILITY OF TRANSPORT ORGANIZATIONS ON THE TRANSPORTATION OF PASSENGERS AND LUGGAGE IN DIRECT MIXED TRAFFIC
This work is a study of some innovations in the legal regulation of liability of transport organizations in the carriage of passengers and baggage in direct mixed traffic, as well as the establishment of differences in the legal regulation of liability in connection with their introduction. The study is based on the analysis of the provisions of the new Federal Law, current legislation and modern trends in the transport sector. The work examines in detail the existing model of legal regulation of liability, various approaches to determining the responsible person. Particular attention is paid to the provisions of the new Federal Law regulating the sphere of direct mixed transportation and their relationship with current legal norms. The author analyzes in detail the distribution of liability when establishing the stage of transportation at which the corresponding damage was caused. Based on the analysis, the work concludes about the expected positive effect of the adoption of the new Federal Law, the need to analyze the practice of its application, in particular in the issue of fair distribution of the burden of liability among transport organizations engaged in transportation in direct mixed traffic.
Keywords: transportation, direct mixed traffic, combined transport, liability of transport organizations, railway transport.
Article bibliography
1. Civil Code of the Russian Federation (part two): from 26.01.1996 N 14-FZ (as amended and supplemented, entered into force on 01.01.2022). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Federal Law of August 8, 2024 No. 288-FZ “On Direct Multimodal Transportation and Amendments to Certain Legislative Acts of the Russian Federation” // SPS ConsultantPlus.
3. Inland Water Transport Code of the Russian Federation of March 7, 2001 No. 24-FZ (as amended on August 8, 2024) (as amended and supplemented, entered into force on September 1, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Federal Law “Charter of Railway Transport of the Russian Federation” dated January 10, 2003 N 18-FZ. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
5. Anoshin S. The Law on Direct Mixed Transportation Adopted // Advocate Newspaper. [Electronic resource]. – Access mode: https://www.advgazeta.ru/ag-expert/advices/prinyat-zakon-o-pryamykh-smeshannykh-perevozkakh/ (accessed: 06.02.2025).
6. Khrapach S. Direct Mixed Transportation – Here’s How It Will Work // Behind the Wheel. Travel. [Electronic resource]. – Access mode: https://www.zr.ru/content/news/959185-pryamye-smeshannye-perevozki-v/ (accessed: 06.02.2025).
7. Braginsky M.I., Vitryansky V.V. Contract Law. Contracts for transportation, towing, freight forwarding and other services in the field of transport. – M.: Statut, 2003. – 485 p.
8. Romanov O. E. On the relationship and liability of persons performing transportation in direct mixed traffic // Jurist. – 2023. – No. 8. – 7 p.
9. Egiazarov V. A. Transport law: textbook. – M., 1999. – 95 p.
10. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 17, 2006 No. 9512/05 on case No. A59-2928/04-C8 // SPS ConsultantPlus.
CIVIL LAW
TELIBEKOVA Damira Bakytbekovna
postgraduate student of Legal regulation of economic activity sub-faculty, Law Faculty, Financial University under the Government of the Russian Federation
BORROWER’S OBJECTION AS AN UNCONDITIONAL BASIS FOR REFUSING TO CONVERT UNDER A CONVERTIBLE LOAN AGREEMENT
The article is devoted to the analysis of the legal aspects of the borrower’s objection as an unconditional basis for refusing to convert under a convertible loan agreement. The author comes to the conclusion that the current rules on the possibility of filing an objection by the borrower to the lender’s demand for conversion creates risks of abuse by the borrower and puts the lender at a disadvantage. The problems of the lack of a clear list of grounds for objection are considered. Recommendations are offered for improving the legislation, including establishing an exhaustive list of reasons for refusing to convert in order to maintain a balance of interests of the parties and prevent abuse within the framework of the convertible loan agreement.
Keywords: convertible loan agreement, borrower’s objection, refusal to convert, parties to the agreement, abuse of rights, notary, registrar.
Bibliographic list of articles
1. Ananyev R. V. Convertible loan agreement under Russian civil law: dis. … Cand. of Law. – M., 2024. – P. 194.
2. Bogdanov A. V. Legal regulation of a convertible loan agreement in corporate relations // Ex jure. – 2022. – No. 2. – P. 64.
3. Ermoolenko R. I. Convertible loan agreement: problematic issues and possible solutions // Business. Education. Law. – 2024. – No. 2 (67). – P. 264-269.
4. Ilyushina M. N. Convertible loan: problems of applying the rules on loan transactions in corporate relations // Banking law. – 2023. – No. 1. – P. 19.
5. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University. – 2021. – No. 11 (87). – P. 206.
6. Trofimov I. P. Notarial aspects of considering the borrower’s objections to the convertible loan agreement // Eurasian Advocacy. – 2024. – No. 5 (70). – P. 104.
7. Urbanaeva A. I. Convertible loan agreement: a new legal structure in Russian corporate law // Modern Russian science: topical issuesы, achievements and innovations: collection of articles from the III All-Russian scientific and practical conference. – Penza: Science and Education (IP Gulyaev G.Yu.), 2021. – P. 133-136.
8. Kholodnenko Yu. V., Nazemtsev D. M. Features of increasing the authorized capital of an LLC in pursuance of a convertible loan agreement and state registration of such changes // Notarial Bulletin. – 2022. – No. 1. – P. 20-30.
9. Shitkina I. S. Corporate law in tables and diagrams: a teaching aid. – 4th ed. revised. and additional ed. – M .: Yustitsinform, 2025. – P. 726.
10. Yaroshenko T. V. Preventive function of the notary: topical issues // Bulletin of the Baltic Federal University named after I. Kant. – 2021. – No. 4. – P. 5-12.
CIVIL LAW
TRANKALAN Fedor Ivanovich
postgraduate student of Civil law and process and international private law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF LEGAL REGULATION AND ORGANIZATION OF ACTIVITIES OF ELECTRICITY SECTOR ENTITIES IN RUSSIA, CHINA, AND THE USA
In this article, the author examines the specifics of regulating and organizing the activities of electric power industry entities in Russia, China, and the United States. A legal comparative analysis is carried out through the study of the regulatory framework for the functioning of the electric power industry in these countries, and key differences in approaches to state regulation and market mechanisms are identified. The author analyzes the specifics of the Russian model, characterized by a combination of public law and private law principles, with a predominance of public law mechanisms; the Chinese model, marked by a high level of centralization and state control; and the American model, distinguished by decentralized regulation and a priority on market mechanisms. The article identifies common trends in the development of legal regulation of the electricity sector, related to the strengthening of environmental considerations, ensuring energy security, and the implementation of digital technologies. The research results can be used to improve domestic energy legislation, taking into account international experience.
Keywords: electricity sector, legal regulation, energy legislation, electricity markets, regulation of energy markets.
Bibliographic list of articles
1. Inshakova A. O., Frolova E. E., Marchukov I. P. TNCs as subjects of economic activity and lawmaking in the sphere of Foreign trade in energy resources // Energy sector: a systemic analysis of economy, foreign trade and legal regulations. – Cham, Switzerland: Springer Verlag, 2019. – P. 151-171.
2. Khablak E. V. The system of regulatory legal acts governing the circulation of electric energy and capacity in the wholesale market in modern Russia // Theory and practice of social development. – 2024. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sistema-normativno-pravovyh-aktov-reguliruyuschih-oborot-elektricheskoy-energii-i-moschnosti-na-optovom-rynke-v-sovremennoy-rossii (date of access: 08.03.2025).
3. Varlamova A. N. Competition law and industry commodity markets: electricity market // Competition law. – 2019. – No. 2. – P. 9-13.
4. Epikhina R. A. The role of the electric power industry in the foreign economic expansion of China // Contours of global transformations: politics, economics, law. – 2019. – No. 6. [Electronic resource]. – Access mode: https: // cyberleninka.ru/article/n/rol-elektroenergetiki-vo-vneshneekonomicheskoy-ekspansii-knr (date of access: 03/07/2025).
5. Gaidarzhi K. S. State regulation of the electric power industry in the USA: features of the model and possibilities of reception in Russia // Law and power. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-regulirovanie-elektroenergetiki-v-ssha-osobennosti-modeli-i-vozmozhnosti-retseptsii-v-rossii (date of access: 03/07/2025).
6. Nebolsina I. I. Legal regulation of energy in foreign countries in the XX-XXI centuries // BEREGINYA.777.SOVA. – 2009. – No. 2 (2). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoe-regulirovanie-energetiki-zarubezhnyh-stran-v-hh-xxi-vekah (date of access: 03/07/2025).
7. Jia Shaoxue. Evolution and Prospects for the Development of Chinese Legislation on Foreign Investments // Siberian Legal Review. – 2023. – No. 1. [Electronic resource]. – Access mode: https: // cyberleninka.ru/article/n/evolyutsiya-i-perspektivy-razvitiya-zakonodatelstva-knr-ob-inostrannyh-investitsiyah (date of access: 08.03.2025).
CIVIL LAW
TURTOGTOKH Narantsogt
Master of Law, senior lecturer of the Law Department, Financial and Economic University of Mongolia
AMENDMENT AND REGULATION OF THE SOCIALIST AND DEMOCRATIC CIVIL LAWS OF MONGOLIA
An insurance contract is a type of important civil law contract aimed at preventing any risks and ensuring economic stability. This would be a legal relationship between the insurer and the policyholder, in which the insurer would be responsible for paying insurance compensation in the event of a certain risk. Insurance contracts have become a key tool for ensuring financial security, risk reduction, and economic stability.
The legal regulation of insurance contracts is based on such fundamental principles as freedom to conclude contracts, risk sharing, fairness, trust, and principles of compensation. These principles form the basis for the reliable and effective implementation of insurance contracts and define the rights and obligations between the policyholder and the insurer.
It is believed that the beginning and the system of insurance contractual relations in Mongolia date back to the 1930s. At that time, with the help of the Soviet Union, insurance activities were organized within the framework of a planned economy.
The article examines the specifics of legal relations related to insurance contracts in their understanding, nature and regulatory framework, as well as a comparison of the regulation of insurance contracts in the socialist (1926, 1952, 1963) and democratic (1994, 2002) civil legislation of Mongolia, which allows us to identify development trends and recognize the importance of insurance contracts.
Keywords: insurance. insurance relations, civil law, insurance contract, risk, principles.
Bibliographic list of articles
1. Otgonbayar Ch., Ganbold. C. Insurance law. – Ulaanbaatar, 2005. – P. 8.
2. Martin P. G. William A. E. Philosophy of Law and Legal Theory, 2005. – P. 138.
3. Charles Fox Drafting Contracts. – 1981. – P. 25.
4. Batbayar. B Historical Collection on Civil Law of Mongolia 1206-2012. – P. 25.
5. The Great Explanatory Dictionary of the Mongolian Language, 2002.
6. A Textbook on Insurance Law. – Ulaanbaatar, 2013. – P. 12.
7. Bulletin of the National Commission on Nomenclature No. 107-108. Handbook of Legal Terms. – Ulaanbaatar, 1978. – P. 52, 96, 216, 227.
8. Batbayar. B Historical collection on Civil legal norms of Mongolia. – Ulaanbaatar, 2012.
CIVIL LAW
KHANOVA Zaira Reimanovna
Ph.D. in Law, associate professor of Civil law sub-faculty, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
OSMANOV Garayhan Marisovich
lawyer-consultant of the legal department, North Caucasian Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF LEGAL REGULATION OF VIRTUAL PROPERTY IN RUSSIA AND OTHER COUNTRIES
This study examines issues related to the definition of the legal status of virtual property and the regulation of relations arising in the virtual space of the Internet. The rapid development of digital technologies and the proliferation of virtual platforms, including online games, which form new forms of ownership. The analysis of legislative acts of the Russian Federation is carried out. Judicial practice is being conducted in the field of protecting the ownership of virtual objects. Based on a comparative analysis of the legislation of foreign countries, the absence of a single definition of virtual assets and the ambiguity in matters of ownership, etc. has been revealed.
Keywords: virtual objects, virtual property, legal regulation, intellectual property, virtual world.
Article bibliography
1. Skobelev V. Millionaires from the box: how Russians make money on the resale of game items // – Forbes. – 2021.
2. Gasko A. V. Legal defects in the legislative regulation of virtual reality // Actual problems of Russian law. – 2015. – No. 12. – P. 34-40.
3. Ermakova E. V., Pospelova E. S. Problems of protecting the rights of users purchasing virtual objects for real money in multiplayer online games // Electronic journal “Economy, state, society”. – 2014. – No. 4.
4. Kulezin M. A. Real problems of virtual objects // Eurasian advocacy. – 2015. – No. 5. – P.51-53.
5. Novikov I. V. Virtual property: regulation prospects // Issues of Russian justice. – 2019. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/virtualnaya-sobstvennost-perspektivy-regulirovaniya (date of access: 10/28/2024).
6. Perepyolkina Ya. A. Virtual gaming property: prospects for legal regulation // Journal of the Court of Intellectual Propertyintellectual rights. – 2020. – No. 3 (29). – P. 45-59.
7. Perepyolkina Ya. A. Virtual gaming property: prospects for legal regulation // Journal of the Court on Intellectual Rights. – 2020. – No. 3 (29). – pp. 45-59.
CIVIL LAW
KHLAPOTIN Vladislav Yurjevich
postgraduate student of Private law disciplines sub-faculty, Institute of Legislation and Comparative Law under the Government of the Russian Federation
PROBLEMATIC ASPECTS OF PLEDGE OF EXCLUSIVE RIGHTS AS A FORM OF INTELLECTUAL PROPERTY RIGHTS MANAGEMENT
Nowadays, intellectual property plays an increasingly important role as a resource aimed not only at ensuring technological and economic development of its right holder, but also at ensuring the sovereignty of the state from external unfavorable economic influences. One of the factors aimed at leveling the existing regulatory obstacles in the field of innovative technologies and intellectual property market is the formation of a full-fledged institution of lending against the pledge of intellectual property. However, there are a number of problematic issues that objectively hinder the widespread use of pledge of exclusive rights, which will be discussed in this article.
Keywords: intellectual property, exclusive rights, pledge, lending, pledge of exclusive rights.
Bibliographic list of articles
1. Beutel F. K. Experimental Jurisprudence and the Sclencestate Bielefeld. – Berlin: Glesering, 1975. – 404 p.
2. Bryer L. G., Lebson S. J., Matthew D. Asbell. Intellectual Property Strategies for the 21st Century Corporation: A Shift in Strategies and Financial Management // John Wiley Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada, May, 2011. – 322 p.
3. David J. S. Strategies for cost effectively securing and maintaining foreign patent rights. USA – 2009. [Electronic resource]. – Access mode: http://www.lexology.com/2709/author/David_J_Silvia/
4. Knight H.J. Patent Strategy for Researchers and Research Managers, 2nd edition. – New York: John Wiley & Sons, 2001. – 220 p.
5. Outline of the 14th Five-Year Plan (2021-2025) for National Economic and Social Development and Vision 2035 of the People’s Republic of China. [Electronic resource]. – Access mode: https://fujian.gov.cn/english/news/202108/t20210809_5665713.htm.
6. Poltorak A. I., Lerner P. J. Essentials of Licensing Intellectual Property. – New York: John Wiley & Sons, 2004. – 236 p.
7. Simensky M., Bryer L. G., Wilkof N. J. Intellectual Property in the Global Marketplace, Volume 1, Valuation, Protection, Exploitation, and Electronic Commerce, 2nd Edition. – Washington: John Wiley & Sons, 1999. – 620 p.
8. Simensky M., Bryer L. G., Wilkof N. J. Intellectual Property in the Global Marketplace, Volume 2, Country-by-Country Profiles, 2nd edition. – Washington: John Wiley & Sons, 1999. – 552 p.
9. Smith G. V., Parr R. L. Intellectual Property – Valuation, Exploitation and Infringement Damages. – New York: John Wiley & Sons, 2017. – 496 p.
10. Zharova E. V. Pledge of exclusive right to the result of intellectual activity or means of individualization: dissertation … candidate of legal sciences: 12.00.03. – M., 2010. – 206 p.
11. Klishina I. V. Conclusion of an agreement on the pledge of the exclusive right to intellectual property // Property relations in the Russian Federation. – 2013. – No. 4. – P. 94-106.
12. Codification of Russian private law 2019 / Ed. D. A. Medvedev. – M.: Statut, 2019. – P. 159.
13. Krushina O. G. Pledge of exclusive rights: dissertation … candidate of legal sciences: 12.00.03. – M., 2005. – 155 p.
14. Mamadzhanov H. A. Improving approaches to assessing intellectual property // Intellectual rights as a tool for economic development: abstracts of reports of participants in the scientific and practical conference, October 9-10, 2013. – M.: FGBU FIPS, 2013.
15. Maslenkova O. F. Features of lending secured by exclusive rights to intellectual property // Regional Economy. – 2017. – Vol. 13. – P. 1291-1303.
16. Mesyats M. A. Pledge of rights to intellectual property: European experience and opportunities for Russia // Fundamental research. – 2017. – No. 3. – P. 160-165.
17. Novoselova L. A., Grin O. S. Implementation of intellectual property rights as a subject of pledge (procedural aspects) // Bulletin of civil procedure. – 2020. – No. 5. – P. 64-82.
18. Ruzakova O. A. Problems of lending secured by intellectual property rights // Banking law. – 2024. – No. 3. – P. 72-78.
19. Kharitonova Yu. S. Pledge of exclusive rights in the system of methods for ensuring the fulfillment of obligations // Bulletin of Volgograd State University. – 2015. – No. 3 (28). – P. 22-25.
CIVIL LAW
FILYAKOV Ruslan Alexeevich
postgraduate student of Civil law and process and private international law, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
SUPPRESSION (PROHIBITION) OF ACTIONS (ACTIVITIES) THAT POSE A THREAT OF VIOLATION OF THE LAW
The article considers the institution of suppression (prohibition) of actions (activities) that pose a threat of violation of the law. The author examines the legal nature of this institution, its features, as well as doctrinal approaches to its understanding. In particular, the author substantiates that the basis for the implementation of the suppression (prohibition), (activities) that pose a threat of violation of the right is a violation of a legally protected interest. The author also refers to foreign experience in order to study this institution. The researcher considers various approaches to the qualification of the institution under study, for example, as a sanction or protection measure. The author proves the position that the suppression (prohibition) (of activities) that pose a threat of violation of the law is not a sanction, a measure of responsibility or protection (in the understanding of O. A. Krasavchikov), but provides a separate autonomous institution.
Keywords: obligation, sanction, threat, method of protection, preventive measures of protection, civil legislation.
Article bibliography
1. Baibak V. V. New edition of Art. 393 of the Civil Code of the Russian Federation: general rules on compensation for damages caused by breach of an obligation // Law. 2016. No. 8. P. 121-130.
2. Bondarenko S. S. Protection of civil rights in the event of a threat of their violation: author’s abstract. dis. … candidate of legal sciences. St. Petersburg, 2011. 19 p.
3. Bondarenko S. S. Threat of violation of civil rights // Scientific bulletin of the Belgorod State University. Series: Philosophy. Sociology. Law. 2009. No. 2 (57). P. 140-145.
4. Bychkov A. Negative obligations, or obligations with negative content // Legal reference book of the head. 2024. No. 6. P. 39-45.
5. Vasilevskaya L. Yu. Institutions of foreign law in the Civil Code of the Russian Federation: new regulation – new problems // Judge. 2016. No. 10. Pp. 10-13.
6. Gordon V. M. Claim for Interdict. Literary Review. SPb.: Obshchestvennaya Polza, 1913. 24 p.
7. Gribanov V. P. Implementation and Protection of Civil Rights: Monograph. M.: Statut, 2022. 141 p.
8. Civil Law. Actual Problems of Theory and Practice: in 2 volumes / Under the general editorship of V. A. Belov. M.: Yurait Publishing House, 2016. Vol. 2. Pp. 205-212. (525 p.)
9. Ershov O. G. On the Development of the Civilistic Theory of Non-Contractual Relations to Prevent Harm During Construction // Fundamentals of Economics, Management and Law. 2013. No. 2 (8). P. 128-131.
10. Jourdain P. Principles of Civil Liability // Bulletin of Civil Law. 2021. No. 4. P. 212-241.
11. Ioffe O. S. Law of Obligations. Moscow: Legal Literature, 1975. 880
12. Ioffe O. S. Liability under Soviet Civil Law. L.: Leningrad University Publishing House, 1955. 311 p.
13. Krasavchikov O. A. Responsibility, protective measures and sanctions in Soviet civil law // Categories of civil law science: Selected works: In 2 volumes. Moscow: Statut, 2005. Vol. 2. Pp. 255-268.
14. Kuznetsova O. A. On the existence of inter-branch legal sanctions // Law and science in the modern world: collection of materials from the international scientific and practical conference / Ed. R. V. Novikov, A. M. Bobrov. Perm, 2018. P. 117.
15. Kuznetsova O. A. Inter-branch method for studying civil sanctions // Methodological problems of civilistic studies: collection of scientific articles / Ed. A. V. Gabova, V. G. Golubtsova, O. A. Kuznetsova. Moscow: Statut, 2018. Issue 3. P. 216.
16. Malbin D. A. Preventive Function of a Negatory Claim // Actual Problems of Russian Law. 2023. No. 7. P. 86-96.
17. Model Rules of European Private Law / Transl. from English; scientific ed. N. Yu. Rasskazova. Moscow: Statut, 2013. 989 p.
18. Latypov D. N. The System of Methods of Protecting Civil Rights in the Russian Federation: dis. … Doctor of Law. Perm, 2022. 380 p.
19. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language. M.: Azbukovnik, 1999.
20. Arkhipova A. G., Baibak V. V., Gromov S. A., et al. Change of persons in an obligation and liability for breach of an obligation: commentary to Articles 330-333, 380-381, 382-406.1 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. M.: M-Logos, 2022. 1582 p.
21. Em V. S., Zenin I. A., Kozlova N. V. Russian civil law: textbook: in 2 volumes. M.: Statut, 2015.
22. Verb S. A., Dobrynin Yu. E., Illarionova T. I., et al. Soviet civil law: textbook. In 2 volumes / Ed. O. A. Krasavchikova. M.: Higher School, 1985. Vol. 2. 544 p.
23. Stoyakin G. Ya. Merprotection in soviet civil law: diss. … cand. jurid. sciences. Sverdlovsk, 1973. P. 69. (197 p.)
24. Fetisova E. M. Parasitic marketing on the example of sporting events // Bulletin of economic justice of the Russian Federation. 2018. No. 1. P. 152-182.
25. Shishkin S. K. Compensation for harm caused by a source of increased danger: monograph. Vladimir, 2004. 132 p.
26. Youngs R. English, French & German Comparative Law. Third edition. New York, 2014. 701 p.
27. Sintez C. The preferential sanction in the exercise of civil responsibility: these LL.D. Universite de Montreal. 2009. 507 p.
28. Nikolaev R. V. The relationship between an inhibitory claim and a claim to prevent harm as methods of preventive protection // Civil Law. 2024. No. 4.
CIVIL LAW
KHASHAGULGOV Israil Tarkhanovich
postgraduate student, Russian State Academy of Intellectual Property
PROCEDURAL ASPECTS OF BANKRUPTCY OF INDIVIDUALS
The article is devoted to the issues of the subject composition of judicial and extrajudicial bankruptcy of individuals. The purpose of the study is to determine the persons entitled to participate in bankruptcy procedures of individuals. The hypothesis of the study is that the lack of clear legislative regulation of participants in judicial and extrajudicial bankruptcy procedures of an individual causes difficulties in determining the legal status of each of them. The author points out the lack of classification of subjects of the bankruptcy procedure, and, as a consequence, the ambiguous position of the courts on this matter. The methodology of the study includes a set of methods of scientific knowledge – deduction, induction, comparison, analysis, synthesis, abstraction.
As a result of the study, the author comes to the conclusion about the need to change approaches to the subjects of bankruptcy of individuals and consolidate their classification for the purposes of the two existing procedures of the procedure under consideration.
Keywords: bankruptcy, judicial bankruptcy, extrajudicial bankruptcy, entities, individuals, classification.
Bibliographic list of articles
1. Federal Law of 31.07.2020 No. 289-FZ “On Amendments to the Federal Law “On Insolvency (Bankruptcy)” and Certain Legislative Acts of the Russian Federation in Terms of Extrajudicial Bankruptcy of a Citizen” // Rossiyskaya Gazeta, No. 174, 07.08.2020.
2. Federal Law of 26.10.2002 No. 127-FZ (as amended on 26.12.2024) “On Insolvency (Bankruptcy)” (as amended and supplemented, entered into force on 01.03.2025) // Rossiyskaya Gazeta, No. 209-210, 02.11.2002.
3. Civil Code of the Russian Federation (part one) dated 30.11.1994 No. 51-FZ (as amended on 08.08.2024, as amended on 31.10.2024) // Rossiyskaya Gazeta, No. 238-239, 08.12.1994.
4. Arbitration Procedure Code of the Russian Federation dated 24.07.2002 No. 95-FZ (as amended on 28.12.2024) // Collected Legislation of the Russian Federation, 29.07.2002, No. 30, art. 3012.
5. Mezhgikhova D. M., Zumakulova Z. A. Extrajudicial bankruptcy of individuals under the legislation of the Russian Federation // Scientific News. – 2022. – No. 12 (53). – P. 54-62.
6. Shabayan V. S., Stanislavov P. D. Extra-judicial bankruptcy of individuals // Modern problems of jurisprudence in the context of global challenges and transformation processes: theory and practice: Proceedings of the All-Russian scientific and practical conference with international participation of faculty, graduate students and students, Simferopol, April 17-18, 2024. – Simferopol: Crimean Federal University named after V. I. Vernadsky, 2024. – P. 342-345.
7. Andreeva N. A. Extra-judicial bankruptcy of individuals // Academic journalism. – 2025. – No. 1-2. – P. 242-249.
8. Resolution of the Eighteenth Arbitration Court of Appeal dated 02/25/2020 No. 18AP-1664/2020 in case No. A07-36210/2019. [Electronic resource]. – Access mode: https://kad.arbitr.ru/ (date of access: 03/01/2025).
9. Resolution of the Seventeenth Arbitration Court of Appeal dated 11/25/2021 No. 17AP-8025/2019(10)-AK in case No. A60-63955/2017. [Electronic resource]. – Access mode: https://kad.arbitr.ru/ (date of access: 01.03.2025).
10. Resolution of the Plenum of the Supreme Court of the Russian Federation of 13.10.2015 No. 45 (as amended on 17.12.2024) “On certain issues related to the introduction of procedures applied in cases of insolvency (bankruptcy) of citizens” // Bulletin of the Supreme Court of the Russian Federation, No. 12, December, 2015.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
THE LEGAL BASIS AND LIST OF DOCUMENTS OF THE SUPPLIER FOR MEDICAL DEVICES – IMPLANTS PROVIDED BY THEM TOGETHER WITH THE GOODS TO THE PLASTIC SURGERY CLINIC
The article discusses the concept and essence of implants. It has been established that implants belong to medical devices, therefore they are subject to state registration. The procedure for state registration of implants and their inclusion in the relevant register is disclosed. A registration certificate means that the state authorities recognize the quality, effectiveness and safety of a medical device. Without this document, a medical device cannot be transferred to a plastic surgery clinic and used by it. It is noted that the responsibility for the negative consequences of using a registered implant lies not with the doctor who is the user of the medical device, provided that it is used strictly according to the instructions, but with the authorized body that registers the medical device. To regulate the status of artificial organs and human tissues, it is proposed to adopt a Federal law «On the circulation of medical devices».
Keywords: implants, medical devices, registration, testing, body.
Article bibliography
1. Anisimov A. V. Civil-legal status of cyber-physical systems before and after implantation into the human body // Bulletin of the O. E. Kutafin University (MSAL). – 2021. – No. 11 (87). – P. 144-150.
2. A. A. Ayanov The role of medical devices and ensuring safety in the healthcare system // Student. – 2021. – No. 18-4 (146). – P. 41-44.
3. Balakireva K. V. Legal status of the implant in the Russian Federation // Medicine and Healthcare: Proc. VI Int. sci. conf. (Kazan, March 2018). – Kazan: Young scientist, 2018. – P. 51-53.
4. Evseev E. F. Legal status of the human body and its parts // Advocate. – 2010. – No. 6. – P. 34-40.
5. Kochetkov P. V., Plyusnina O. M. Features of state control over the import and registration of medical devices // Social Science and Social Psychology. – 2022. – No. 11 (41). – P. 406-414.
6. Chubirko M. I., Kosolapov V. P., et al. Current state of the problem of registration of medical devices and their operation in the Russian Federation // Bulletin of new medical technologies. – 2021. – Vol. 28, No. 4. – P. 124-128.
7. Sharikadze D. T., Tarasenko O. A., Fomina N. M. Normative regulation of registration of medical devices in the Russian Federation: basic requirements and procedures // Product quality control. – 2019. – No. 4. – P. 5-7.
CIVIL LAW
ANDRUSHCHENKO Ivan Sergeevich
magister student of Civil law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
EVALUATION OF COMPULSORY LICENSE FROM THE POSITION OF NON-LEGAL METHODOLOGY: ETHICAL AND ECONOMIC ASPECTS
In the article the author makes an attempt to assess the institution of compulsory license from the standpoint of non-legal methodology. In particular, emphasis is placed on ethical and economic aspects, which will allow a deeper understanding of the integrity of the mechanism under consideration and its impact on social relations. By examining how ethical principles interact with economic incentives, the article seeks to explore whether this institution can effectively balance private and public interests in intellectual property. In addition, the study emphasizes the importance of considering interdisciplinary aspects, as rigid adherence to a purely legal or economic framework may fail to reflect broader societal implications. Particular attention is paid to cases where compulsory licensing serves as a balancing tool to prevent monopolistic abuse of rights and to ensure equitable access to essential resources such as life-saving medicines, especially in extraordinary circumstances such as pandemics or national crises. Thus, the article not only provides theoretical insights but also emphasizes the practical significance of integrating ethical imperatives and economic efficiency in an evolving legal landscape.
Keywords: compulsory license, intellectual rights, intellectual property law, philosophy, philosophy of law, ethics, economics, economic analysis of law.
Bibliographic list of articles
1. Ariely D. Predictable Irrationality: The Hidden Forces That Shape Our Decisions. – Moscow: Alpina Publisher, 2010.
2. Vasiliev V. A. A. Schopenhauer on the Foundations of Morality // Social and Humanitarian Knowledge. – 2013. – No. 4.
3. Vorozhevich A. S. Boundaries and Limits of the Exercise of Copyright and Related Rights. – Moscow: Statut, 2020.
4. Vorozhevich A. S., Tretyakov S. V. On the Utilitarianism of Intellectual Property Rights, Compulsory Licenses, and Bureaucratic Rents // Law. – 2017. – No. 8.
5. Karapetyan A. G. Economic Analysis of Law. Monograph. – M.: Statut, 2016.
6. Maksimov L. V. The problem of justification of morality: logical-cognitive aspects. – M., 1991.
7. Posner R. Ekonomical analysis of law. In 2 vols. Vol. 1. – St. Petersburg, 2004. – P. 37.
8. Puchinina M. M. Condition for granting a compulsory license for the use of a dependent invention // Actual problems of Russian law. – 2021. – Vol. 16, No. 11.
9. Sinitsyn S. A. Abuse of law: from general to specific (on the example of patent rights) // Bulletin of civil law. – 2022. – No. 6.
10. Sinitsyn S. A. Economic analysis of law and its place in civilistic methodology // Law. Journal of the Higher School of Economics. – 2017. – No. 2.
11. Spiridonova N. B. Structure of exclusive right: dis. – Moscow state University named after M. V. Lomonosov, 2022.
12. Philosophy. Ed. by A. F. Zotov, V. V. Mironov, A. V. Razin. – 6th ed., revised and enlarged. – M.: Prospect, 2012.
13. Holmes O. W. The Path of the Law // Harvard Law Review. – 1897. – Vol. 10.
14. Kitch E. W. The Nature and Function of the Patent System // Journal of Law and Economics. – 1977. – Vol. 20. – Issue 2.
15. Machlup F. Die wirtschaftlichen Grundlagen des Patentrechts. GRUR Auslands- und Internationaler Teil. 1961. No. 8, 9, 10.@@ Guichardaz R., Pénin J. Why was Schumpeter not more concerned with patents? // Journal of Evolutionary Economics, Springer Verlag (Germany). – 2019. – No. 29 (4).
16. Mercuro N., Medema S.G. Economics and the Law: From Posner to Post-Modernism and Beyond. 2nd ed. Princeton University Press, 2006.
17. Merges R. P. Justifying Intellectual Property. – Harvard University Press, 2011.
18. Posner R. A. Economic Analysis of Law. 8th ed. – New York: Aspen Publishers, 2010.
19. Posner R. A. The Problematics of Moral and Legal Theory. – Harvard University Press, 2002.
20. Vawda Y. A. Compulsory licenses and Government Use: challenges and opportunities // Access to Medicines and Vaccines: Implementing Flexibilities Under Intellectual Property Law. – 2022.
21. Aziz S.F. Linking Intellectual Property Rights with Research and Development, Technology Transfer, and Foreign Investment: A Case Study of Egypt’s Pharmaceutical Industry // ILSA Journal of International & Comparative Law. – 2003. – Vol. 10, No. 1. – P. 8.
CIVIL PROCEDURE
AGARONYAN Edmon Amayakovich
postgraduate student of Civil process sub-faculty, Saratov State Law Academy
ON DEFINING THE ESSENCE AND IMPORTANCE OF LEGAL CATEGORY “COURT RULING”
The article deals with the issue of understanding the meaning of the legal category “court ruling”. The author analyzes the existing doctrines concerning this issue, reflecting different scientific approaches to define the legal nature and essence of this procedural institution. The author makes the conclusion that a court ruling in a civil case is as well as what acts should be considered court rulings.
Keywords: court ruling in civil cases, legal essence of a court ruling, court ruling function, procedural court acts, justice in the civil cases.
Article bibliography
1. Course of civil proceedings (work by K. Malyshev): textbook. – St. Petersburg: Type. M. M. Stasyulevich, 1876. – Vol. 1. – 444 p.
2. Golmsten A. Kh. Textbook of Russian civil proceedings. – 3rd ed., corrected. and add. – St. Petersburg: Type. D. V. Chiginadze, 1899. – 421 p.
3. Nefedyev E. A. Civil procedure. – M.: Tipo-lithography V. Richter, 1900. – 462 p.
4. Engelman I. E. Course of Russian civil proceedings. – 3rd ed., corrected. and add. – Yuryev: Type. K. Matthiesen, 1912. – 632 p.
5. Vas’kovsky E. V. Textbook of civil procedure. – 2nd ed., revised. – M.: Publishing house of the Bashmakov brothers, 1917. – 429 p.
6. Civil procedure of Russia / Ed. M. A. Vikut. – M.: Jurist, 2004. – 459 p.
7. Rassakhatskaya N. A. Acts of civil proceedings in the mechanism of protection of subjective rights. Modern problems of jurisprudence / Ed. A. V. Tsikhotsky. – Novosibirsk: Publishing house of the Siberian University of Consumer Cooperation, 1999. – 236 p.
8. Civil procedure: textbook. – 2nd edition, revised and enlarged. / Ed. by M. K. Treushnikov (author of the chapter – M. K. Treushnikov). – M .: Gorodets, 2007. – 672 p.
9. Bezrukov A. M. Judicial power and judicial acts in civil cases // Russian yearbook of civil and arbitration procedure. – 2003. – No. 2. – P. 15-19.
10. Shirokopoyas Yu. A. Acts of the court of general jurisdiction on the termination of proceedings on a case without adopting a judicial decision: dis. … Cand. of Law. – Krasnodar, 2006. – 173 p.
11. Chechot D. M. Selected works on civil procedure. – SPb.: Publishing House of St. Petersburg State University, 2005. – 616 p.
12. Samsonova L. S. Application of the norms of civil procedural law: author’s abstract. diss. … candidate of legal sciences. – Sverdlovsk, 1982. – 18 p.
13. Tkachev N. I. Legality and validity of court decisions in civil cases: diss. … candidate of legal sciences: – Saratov, 1987. – 204 p.
14. Yudelson K. S. Soviet citycivil process. – M.: Gosyurizdat, 1956. – 439 p.
15. Rozhkova M. A. Judicial act and the dynamics of obligations. – M.: Statut, 2003. – 140 p.
16. Minasyan G. M. The meaning of the term “Court decision in civil proceedings” // Education and Law. – 2020. – No. 2. – P. 47-49.
17. Starovoitova N. D. Acts of courts of general jurisdiction: legal nature and distinctive features // Innovations. Science. Education. – 2020. – No. 18. – P. 334-340.
CIVIL PROCEDURE
WANG Wei
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL REGULATION OF CIVIL PROCEEDINGS INVOLVING FOREIGN PERSONS IN INTERNET-RELATED CASES IN CHINA
In today’s globalized world, the number of civil and commercial disputes involving foreign parties and arising from internet-related activities is on the rise. In response to these developments, this article examines the legal framework governing civil proceedings with the participation of foreign entities in the People’s Republic of China (PRC). The analysis covers key aspects such as alternative dispute resolution mechanisms, the filing of applications for interim relief, adherence to evidentiary rules, jurisdictional determinations, and the protection of personal data and information. By referencing pertinent Chinese legal provisions, the article aims to provide a comprehensive exploration of strategies for effectively identifying and mitigating legal risks in civil disputes involving foreign entities – particularly in the context of e-commerce – when such disputes are adjudicated in China’s specialized internet courts.
Keywords: civil proceedings, foreign parties, online judicial proceedings, data protection, personal information, e-commerce, Chinese legal framework, jurisdiction, interim relief, cross-border data transfer, internet courts.
Bibliographic list of articles
1. 《中华人民共和国民事诉讼法》, dated 2024. – [Electronic resource]. – Access mode: https://fgw.sh.gov.cn/cmsres/06/0636fa9e785b423d8de9c95fffe9a047/40095bcafb5d443fc967884dd589bf55.pdf (Original in Chinese)
2. 《人民法院调解平台操作手册(平台整体架构、线上调解运行流程、平台功能介绍与操作介绍)》 – People’s Daily Online. – [Electronic resource]. – Access mode: http://download.people.com.cn/dangwang/one16462001311.pdf. (Original in Chinese)
3. 2021 – [Electronic resource]. – Access mode: https://www.chinacourt.org/law/detail/2021/02/id/150234.shtml (Original in Chinese)
4. Newspaper, 2021 – [Electronic resource]. – Access mode: https://www.gz.gov.cn/attachment/0/66/66290/7211945.pdf (Original in Chinese)
5. 《中华人民共和国个人信息保护法》, 2021 – [Electronic resource]. – Access mode: https://www.gov.cn/xinwen/2021-08/20/content_5632486.htm (Original in Chinese)
6. 《中华人民共和国数据安全法》, 2021 – [Electronic resource]. – Access mode: http://www.npc.gov.cn/npc/c2/c30834/202106/t20210610_311888.html (Original in Chinese)
7. State University of China – State Internet Information Administration of the People’s Republic of China. – [Electronic resource]. – Access mode: https://www.gov.cn/zhengce/zhengceku/2022-07/08/content_5699851.htm (Original in Chinese)
8. State University of China – State Internet Information Administration of the People’s Republic of China. – [Electronic resource]. – Access mode: https://www.gov.cn/gongbao/content/2023/content_5752224.htm (Original in Chinese)
9.国家互联网信 息办公室湾区(内地、香港)个人信息跨境流动标准合同实施指引》 – State Administration for Internet Information Affairs of the People’s Republic of China, Bureau of Innovation, Technology and Industry of Hong Kong. – [Electronic resource]. – Access mode: https://www.cac.gov.cn/2023-12/13/c_1704042786237103.htm (Original in Chinese)
10. 《全国跨境电商主体超12万家,建设海外仓超2500个》 – People’s Daily Online (02nd issue, June 04, 2024). – [Electronic resource]. – Access mode: http://paper.people.com.cn/rmrb/html/2024-06/04/nw.D110000renmrb_20240604_3-02.htm (Original in Chinese)
11. Begichev A. V. Notaries in the 21st century: traditions and digital technologies. – Moscow: Prospect Limited Liability Company, 2024. – 160 p. – ISBN 978-5-392-40569-5. – EDN ZEDTAP.
12. Rusakova E. P., Wang W. A new milestone in civil proceedings involving foreign persons in the PRC // Arbitration and civil procedure. – 2024. – No. 5. – P. 48-51. – DOI 10.18572/1812-383X-2024-5-48-51. – EDN HFSABT.
13. Rusakova E. P., Chernysheva T. A. “ZHI System” – “a new milestone” in the protection of copyright and related rights in the Guangzhou Internet Court // Eurasian Law Journal. – 2023. – No. 5 (180). – P. 93-96. – EDN LFSJYS.
14. Frolova E. E., Berman A. M. Methods of expression of the will of the parties in the context of digital transformation: current trends in law enforcement // Pravo. Journal of the Higher School of Economics. – 2024. – No. 3. – P. 57-83. – DOI 10.17323/2072-8166.2024.3.57.83. – EDN CZYVCM.
15. Frolova E. E., Kupchina E. V. Digital tools for protecting intellectual property rights: on the example of blockchain and artificial intelligence // Bulletin of Perm University. Legal sciences. – 2023. – No. 61. – P. 479-498. – DOI 10.17072/1995-4190-2023-61-479-498. – EDN FWYEIP.
CIVIL PROCEDURE
GOROBIY Alexander Olegovich
postgraduate student of Civil process sub-faculty, M. V. Lomonosov Moscow State University, Leading Legal Advisor of the Expert Analytical Department of the State Corporation “Deposit Insurance Agency”
COMPARATIVE ANALYSIS OF TYPES OF VERIFICATION OF THE LEGALITY OF JUDICIAL ACTS THAT HAVE ENTERED INTO LEGAL FORCE IN CIVIL PROCEEDINGS IN GERMANY AND RUSSIA
In all legal systems, the reason for opening proceedings to verify judicial acts that have entered into legal force is the complaint and, in some cases, the passing of specific steps of pre-trial verification. The presence or absence of specific ‘filters’ for the complaints received by the supreme court makes it possible to classify these proceedings and identify their features. The German regulation of revision (the German analogue of cassation) proceedings is unique in this context and shows features not typical for other legal systems, which may be useful for the Russian justice system
Keywords: audit proceedings, notified cassation, authorised cassation, intermediated cassation, immediate cassation, direct cassation, consecutive cassation, revision complaint, admission.
Article bibliography
1. Borisova E. A. Cassation in civil cases: monograph. – M.: Publishing House “Gorodets”. – M., 2020.
2. Goroby A. O. Admission to revision proceedings in civil proceedings in the Federal Republic of Germany // Legislation. – 2025. – No. 1. – P. 55-61.
3. Sakhnova T. V. Course of civil procedure. – 2nd ed., revised and enlarged. – M.: Statut, 2014.
4. Kissel O. R.: The legal basis for the legal proceedings: an article on the global justification reform. – Frankfurt am Main, 1972.
5. Krüger W. Munich Commentary on civil procedure. – 6th edition, 2020.
6. Nassall W. Nichtzulassungsbeschwerde and Revision. – Munich, 2018.
7. Rapp J. P. Revision, Cassation, Final Appeal – Letztinstanzliche Zivilverfahren zwischen Individualrechtsschutz und Rechtsfortbildung. – Freiburg, 2024.
CIVIL PROCEDURE
KOTOV Ivan Andreevich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
INSTITUTE OF JUDICIAL FORFEIT IN INSOLVENCY (BANKRUPTCY) CASES: PROCEDURAL ISSUES OF REALIZATION
This article is devoted to the study of procedural issues of implementation of the institution of judicial forfeit in insolvency (bankruptcy) cases based on the analysis of court practice. The author concludes that it is permissible to impose a judicial penalty in favor of the bankruptcy estate for non-execution of the arbitration court’s ruling on the reclamation of documents (information) from persons who, in accordance with the law, are obliged to hand over the reclaimed evidence. In conclusion of the conducted research also formulated a conclusion on the admissibility of simultaneous application to the obliged person who does not fulfill the judicial act, liability in the form of a judicial fine and judicial penalty.
Keywords: bankruptcy, demand for evidence, forfeit, court penalty, astreinte, judicial fine.
Article bibliography
1. Dubet E.K., Stupina S.A. Ruling on the reclamation of evidence in a bankruptcy case: issues of appeal and execution // Modern law. – 2020. – No. 8. – P. 72-76.
2. Arkhipova A. G., Baibak V. V., Gromov S. A., et al. Change of persons in an obligation and liability for breach of an obligation: commentary to Articles 330-333, 380-381, 382-406.1 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. – M .: M-Logos, 2022. – 1582 p.
3. Fioshin A. V. On the legal nature of astrent // Bulletin of civil procedure. – 2021. – No. 3. – P. 29-49.
4. Yakubyak Yu. Yu. Subject of proof in cases of collection of judicial penalty (astrent) // Bulletin of civil procedure. – 2019. – No. 3. – P. 178-191.
CIVIL PROCEDURE
PESTOVA Kseniya Alexeevna
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE INFLUENCE OF INFORMATION TECHNOLOGY ON THE PRINCIPLES OF CIVIL PROCEDURE
The introduction of information technology into the administration of justice process can change the content of civil procedure principles. The purpose of this study is to investigate the approaches of foreign researchers on how these principles will transform in the future with the introduction of online justice systems. The author concludes that, on the one hand, the use of online dispute resolution contributes to the accessibility of justice and creates additional guarantees for its implementation. However, on the other hand, some principles such as competitiveness, independence, and openness of the process may be subject to unjustified restrictions or excessive absolute, which could negatively affect the fairness of court decisions.
Keywords: principles of civil procedure, online dispute resolution system, digital courts, information technology.
Bibliographic list of articles
1. Kozhokar I. P., Rusakova E. P. Law enforcement legal technique and digital justice // Bulletin of Perm University. – 2023. – No. 59. – P. 121-141.
2. Rusakova E. P., Zaitsev V. V. Development of predicted justice: the US experience // Eurasian Law Journal. – 2022. – No. 10 (173). – P. 48-50.
3. Andrews N. Andrews on Civil Processes. Volume I: Court Proceedings. Intersentia. – 2013. – 1278 p.
4. Andrews N. Fundamental Principles of Civil Procedure: Order Out of Chaos. In: Kramer X., Rhee C. (eds) Civil Litigation in a Globalising World. T.M.C. Asser Press. – 2012. – P. 19-38. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-90-6704-817-02.
5. Bezbakh V. V., Frolova E. E. Artificial intelligence in the regulatory context of industry 4.0 and epistemological optimism // Advances in Research on Russian Business and Management. – 2022. – P. 289-307.
6. Genn H. Annual Birkenhead lecture online courts and the future of justice // Graya. – 2018. – 21 p.
7. Jougleux P. Open Justice in the Digital Age: The Relationship Between Justice and Media in Europe Law, governance and technology series, Springer Nature. – 2024. – Vol. 66. – 167 p. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-031-61436-1.
8. Resnik J. Constituting a Civil Legal System Called ‘Just’: Law, Money, Power, and Publicity // New Pathways to Civil Justice in Europe. Springer. – 2020. – P. 299-313. [Electronic resource]. – Access mode: http://dx.doi.org/10.2139/ssrn.3723892.
9. Resnik J. The Functions of Publicity and of Privatization in Courts and their Replacements (from Jeremy Bentham to #MeToo and Google Spain) Open Justice: The Role of Courts in a Democratic Society. Yale Law School, Public Law Research Paper. – No. 659. – 2018. – 25 p. [Electronic resource]. – Access mode: 10.5771/9783845297620-177.
10. Sorabji J. Justice Without Lawyers // New Pathways to Civil Justice in Europe. Springer. – 2021. – P. 221-242. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-030-66637-8.
11. Vermeys N. The Computer As the Court: How Will Artificial Intelligence Affect Judicial Processes? // New Pathways to Civil Justice in Europe. Springer. – 2021. – P 61-80. [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-030-66637-84.
12. Zuckerman A. A. S. Zuckerman on Civil Procedure: Principles of Practice. – London: Sweet & Maxwell, 2013. – 1506 rub.
ARBITRATION PROCEDURE LAW
SKRYABINA Alina Konstantinovna
magister student, Murmansk Arctic University, Judge assistant of Murmansk region Arbitration court
TRETYAKOVICH Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty, Law Faculty; Murmansk Arctic University
ASPECTS OF UNFAIR PROCEDURAL CONDUCT OF PROMISERS DURING ASSETS DISPOSAL PROCEDURES IN BANKRUPTCY CASES
The article analyzes certain aspects particular for unfair procedural conduct of promisers during the procedures of assets disposal in insolvency (bankruptcy) cases. Not every debtor, entitled to ownership of property subject to disposal, transfers it to the bankruptcy estate. Based on the conducted analysis of arbitration judicial practice, the authors propose to enshrine at the statutory level the promiser’s obligation to transfer property to the financial manager for sale, as well as the latter’s obligation to inform the citizen-debtor in writing of the need to fulfill such an obligation. In addition, other initiatives are proposed to counteract the abuse of rights by debtors in bankruptcy cases of citizens.
Keywords: arbitration process, abuse of law, procedural dishonesty, insolvency (bankruptcy), assets disposal.
Article bibliography
1. Lang P. P. Counteracting the abuse of rightslaw in arbitration proceedings: theoretical and practical aspects // Legal proceedings in arbitration courts: current problems of law enforcement: a collection of scientific articles. – Samara: Limited Liability Company “Printing Association” Standard “, 2021. – Pp. 56-73.
2. Skryabina A.K. Certain aspects of unfair procedural behavior of arbitration managers // International Journal of Humanities and Natural Sciences. – 2023. – No. 12-4 (87). – Pp. 180-184.
3. Shaikhutdinov E.M. Refusal to release a citizen from obligations upon completion of bankruptcy proceedings // Current problems of Russian law. – 2020. – No. 10. – P. 65-71.
ARBITRATION PROCEDURE LAW
ORLOVA Alexandra Ivanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
LIMITS OF THE COURT’S PROCEDURAL ACTIVITY IN DETERMINING THE LEGAL QUALIFICATION OF CLAIMS
The article analyzes the problem of correlation between the procedural activity of the court in the form of independent determination of the legal qualification of claims and the right of the plaintiff to choose the method of protection of the violated right (legally protected interest) at his discretion. Based on the results of the study, it is concluded that the court does not have the right to change the legal qualification of the claim, if this leads to a change in the actual basis of the claim.
Keywords: method of protection, legal qualification of claims, adversarial nature, optionality, legal proceedings.
Article bibliography
1. Shershenevich G. F. General Theory of Law. Moscow, 1910. // SPS Garant.
2. Petryaev A. V. Recognition of a Right as Absent // Actual Problems of Legal Science and Law Enforcement Practice. Belgorod, 2014. P. 374-380.
3. Krasnova S. A. The right of the victim to choose the method of protecting the right and the right of the court to legal qualification: issues of correlation // Jurist. 2012. No. 19. P. 39.
4. Bondar A. N. Equality of the parties – a constitutional principle of civil and arbitration proceedings // Arbitration and civil proceedings. 2005. No. 11. P. 2-7.
FAMILY LAW
DZAMASHVILI Revaz Rezoevich
postgraduate student, Institute of Public Administration, Russian Academy of National Economy and Public Administration under the President of the Russian Federation
ACTUAL PROBLEMS OF THE PROCESS OF DIVIDING THE PROPERTY OF SPOUSES COMPLICATED BY A FOREIGN ELEMENT IN COURT PROCEEDINGS ON THE EXAMPLE OF RUSSIA AND GEORGIA
The article examines the specifics and problems of the process of dividing the joint immovable property of spouses, complicated by a foreign element, using the example of the legislation of Russia and Georgia, in a judicial procedure. Currently, due to the fact that modern Russian legislation is constantly evolving, including judicial practice, and a significant period has passed since the signing of international treaties on legal assistance. Some current legal aid agreements do not take into account the current legal realities of the Russian Federation, which leads to legal conflicts and infringement of the rights of citizens of the Russian Federation.
Keywords: family law, division of marital property, private international law.
Article bibliography
1. Civil Code of the Russian Federation (part four) of 18.12.2006 No. 230-FZ // Collection of Legislation of the Russian Federation. – 25.12.2006. – No. 52 (part 1). – Art. 5496. As amended on 23.05.2018 – SPS “Garant”.
2. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ // Rossiyskaya Gazeta. – 2002. – No. 220.
3. Family Code of the Russian Federation of 29 December 1995 No. 223-FZ // Rossiyskaya Gazeta. – 1996. – No. 17. – 8 @@ Civil Code of the Russian Federation (part one) of 30 November 1994 No. 51-FZ // Rossiyskaya Gazeta. – 1994. – No. 238-239. – No. 9.
4. Agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations in civil, family and criminal cases dated September 15, 2019
5. Civil Code of Georgia. – M.: Legal Center Press, 2002. – 750 p.
LABOR LAW
DARBISHUKHUMAEV Makhach Zaynudinovich
postgraduate student of Labor law and social security law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
COMPARATIVE ANALYSIS OF THE PECULIARITIES OF CONSIDERATION OF LABOR DISPUTES IN JUDICIAL BODIES IN THE SCO COUNTRIES
The article considers the key aspects of legal regulation of labor relations in the SCO member states. It is revealed that each of the considered countries has its positive and negative sides in the field of judicial consideration of labor disputes, however, all of them have a broad legislative base. The purpose of the article was to systematize the distinctive features and characteristics of consideration of labor disputes in the judicial bodies of the SCO member states. To achieve this goal, the task was set to give a brief description of the process of consideration of labor disputes in judicial bodies in each of the SCO countries, as well as to conduct their comparative analysis. Research hypothesis: conducting a comparative analysis will allow us to identify both general trends and unique features of consideration of labor disputes in judicial bodies in the SCO countries and apply the positive experience of foreign countries in the Russian Federation. The study noted the high similarity of the systems of legal regulation of labor relations in the countries of the former USSR, and also put forward an assumption about the advisability of considering the possibility of developing and securing alternative mechanisms for resolving labor disputes in Russia in order to reduce the burden on the judicial system.
Кeywords: labor disputes, SCO, individual labor dispute, labor legislation, collective labor dispute, labor dispute commission, enforcement of a court decision.
Article bibliography
1. Declaration on the establishment of the “Shanghai Cooperation Organization”. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/rso/1678030/ (date of access: 22.01.2025).
2. Labor Code of the Russian Federation of 30.12.2001 No. 197-FZ (as amended on 26.12.2024) // Collected Legislation of the Russian Federation. – 2002. – No. 1 (Part 1). – Art. 3
3. Arbitration Procedure Code of the Russian Federation of 24.07.2002 No. 95-FZ (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. – 2002. – No. 30. – Art. 3012.
4. Civil Procedure Code of the Russian Federation of 11/14/2002 No. 138-FZ (as amended on 10/26/2024) // Collection of Legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
5. Civil Procedure Code of the PRC of April 9, 1991 [Electronic resource]. – Reg.m access: www.chinalawinfo.ru (date of access: 22.01.2025).
6. The Law of the People’s Republic of China “On Labor” dated 05.07.1994. [Electronic resource]. – Access mode: www.chinalawinfo.ru (date of access: 22.01.2025).
7. The Law of the People’s Republic of China “On Mediation and Arbitration of Labor Disputes” dated 29.12.2007 [Electronic resource]. – Access mode: www.chinalawinfo.ru (date of access: 22.01.2025).
8. The Civil Procedure Code of the Republic of Kazakhstan The Code of the Republic of Kazakhstan dated October 31, 2015 No. 377-V ЗРК // Information and legal system of regulatory legal acts of the Republic of Kazakhstan. [Electronic resource]. – Access mode: https://adilet.zan.kz/rus/docs/K1500000377.
9. Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=38910832 (date of access: 23.01.2025).
10. Civil Procedure Code of the Kyrgyz Republic of January 25, 2017 No. 14 (with amendments and additions dated 11.01.2025 [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=33430670 (date of access: 23.01.2025).
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12. Law of the Kyrgyz Republic of January 28, 2017 No. 15 “On the Status of Bailiffs and Enforcement Proceedings”. [Electronic resource]. – Access mode: https://cbd.minjust.gov.kg/111522/edition/1776/ru (accessed: 22.01.2025).
13. Labor Code of the Republic of Tajikistan of July 23, 2016 No. 1329. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=31960488 (accessed: 22.01.2025).
14. Labor Code of the Republic of Uzbekistan of October 28, 2022 No. ZRU-798. [Electronic resource]. – Mode access: https://online.zakon.kz/Document/?doc_id=39247440 (date of access: 22.01.2025).
15. Labor Code of the Republic of Belarus of July 26, 1999 No. 296-Z. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30414859 (date of access: 22.01.2025).
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17. Belikova K. M. Permission labor disputes with the participation of a foreign element in the BRICS countries on the example of Russia, India and South Africa // Law and Politics. – 2016. – No. 2. – P. 254-261.
18. Berezhnoy A. E. Problems of enforcement of court decisions on labor disputes // Young scientist. – 2021. – No. 12 (354). – P. 79-80.
19. Romadova L. A. Principles of labor law in the legislation of the PRC // Russia and China: history and prospects for cooperation. – 2024. – No. 14. – P. 222-227.
20. National Bureau of Statistics of China. [Electronic resource]. – Access mode: https://www.stats.gov.cn/english/ (date of access: 23.01.2025).
LABOR LAW
SHOLOMOVA Evgeniya Konstantinovna
student, Ufa State Petroleum Technological University
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of Industrial safety and labor protection sub-faculty, Ufa State Petroleum Technological University
SHVIND Darya Pavlovna
student, Ufa State Petroleum Technological University
MIKHEEVA Anastasiya Dmitrievna
student, Ufa State Petroleum Technological University
LEGAL REGULATION OF TRADE UNIONS’ ACTIVITIES IN THE FIELD OF LABOR PROTECTION
This article discusses the main aspects of the legal regulation of trade unions in the field of labor protection. The rights and functions of trade unions are shown. Special attention is paid to the interaction between the trade union and the employer: what opportunities their joint work provides. The question is also raised about what problems trade unions face and how they can be solved.
Keywords: labor protection, trade unions, employer, regulations, labor safety, protection of workers’ rights.
Article bibliography
1. Fedosov A. V., Tazhetdinova A. A., Tazhetdinova A. A., Ganiev A. M. Problems of labor protection legislation and ways to solve them // Eurasian Law Journal. – 2023. – No. 9 (184). – P. 241-242.
2. Fedosov A. V., Gafarova K. A., Kuzhaeva K. F. Analysis of key changes in labor legislation on labor protection in 2022 // Bulletin of the young scientist of UGNTU. – 2023. – No. 4 (20). – P. 84-88.
3. Fedosov A. V., Valitova K. A., Valeev R. I., Nazimetdinov A. A. Analysis of problems in the work of an occupational safety specialist // Eurasian Law Journal. – 2024. – No. 5 (192). – P. 479-480.
4. Allayarov U. E., Fedosov A. V., Ganeev R. R. Reduction of injuries during lowering and lifting operations of the trackm improvement of protective mechanisms // Environmental protection in the oil and gas complex. – 2024. – No. 6 (321). – P. 56-61.
5. Isanbaeva D. A., Fedosov A. V., Mikheeva A. D., Shvind D. P., Sultangareeva E. I. Legislative aspects of digitalization in the field of industrial safety // Eurasian Law Journal. – 2024. – No. 6 (193). – P. 444-446.
6. Garipov R. F., Sharafutdinova G. M., Barakhnina V. B. Risk analysis based on the results of the safety culture assessment // Occupational safety in industry. – 2019. – No. 9. – P. 82-88.
7. Buvaylik S. I., Stolyarov D. A. Social protection of the working population in the Russian Federation of the 21st century // Current issues of legal sciences: materials of the III International scientific conference (Chita, April 2017). – Chita: Young scientist Publishing House, 2017. – P. 105-107.
LAND 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, Humanitarian Institute, 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, Humanitarian Institute, Peter the Great St. Petersburg Polytechnic University
THE PROCEDURE FOR CHALLENGING THE CADASTRAL VALUE OF A LAND PLOT: LEGAL PROBLEMS AND WAYS TO OVERCOME THEM
The article is devoted to the assessment of specific problems that arise when conducting a state cadastral assessment of land plots and challenging its results. Recently, court cases related to challenging the results of the cadastral valuation have become increasingly common, which is due both to the presence of technical errors, poor awareness of owners about alternative ways to reduce the cadastral value, and ignoring certain characteristics of the land plot during the state cadastral valuation. The problems of ignoring some price-forming factors and taking into account zones with special conditions of use of territories when determining the cadastral value of land plots are under investigation. The result of the study was recommendations on how to eliminate the problems faced by individuals when disputing the cadastral value of land plots.
Keywords: land plot, cadastral valuation, zones with special conditions for the use of territories, cadastral value.
Article bibliography
1. Kirillova T.K. Challenging the cadastral value of land plots // Law. Right. State. – 2024. – No. 2 (42). – pp. 81-85.
LAND LAW
SKVORTSOVA Alena Igorevna
postgraduate student, Law Faculty, M. V. Lomonosov Moscow State University, lawyer at legal compony “Abonent Consult”
LEGAL ISSUES OF LAND REGISTRATION
The administration of land resources for these purposes is impossible without information about their properties and condition. Currently, the State registry of agricultural lands, the Unified State Register of Real Estate, the Unified digital platform “National spatial data system” do not contain sufficient systematized information necessary for effective land management, and there is no registration of reserve lands. The article examines the problems of the existing system of registration of land categories, and also proposes a concept for registration of reserve lands.
Keywords: land relations, land, natural resource, land resource, land resource administration, registration of land resources, cadastral registration, reserve lands, category of lands.
Article bibliographic list
1. Zaslavskaya N. M. Concept of legal regulation of digitalization of state environmental management: diss. … Doctor of Law. – Moscow, 2024. – P. 4-8.
2. Zlotnikova T. V. On the issue of greening and de-greening legislation and other spheres of public life // Environmental Law. – 2024. – No. 2. – P. 5-11.
3. Commentary on the Federal Law of December 21, 2004 No. 172-FZ “On the Transfer of Lands or Land Plots from One Category to Another” (article-by-article // Dubovik O. L., Kudelkin N. S., Rednikova T. V., Choltyan L. N. // Ed. O. L. Dubovik // SPS “ConsultantPlus”, 2012.
4. Melnikov N. N. The category of “common use” in land legislation // Law. – 2022. – No. 12. – P. 161-167.
5. Melnikov N. N. Concept, composition, purpose and legal regime of reserve lands // Law: history and modernity. – 2023. – V. 8, No. 1. – P. 103-114.
6. Menkenov A. V. Legal problems of establishing (clarifying) the location of the coastline and economic use of surface water bodiesin // Environmental Law. – 2021. – No. 1. – P. 34-37.
7. Petrova L. E. State cadastral registration of specially protected natural areas: problems and prospects // Inter Expo Geo-Siberia. – 2021. – No. 2. – P. 157-162.
8. Podkolzina T. I. Registration of agricultural land: some problems of legal regulation // Property relations in the Russian Federation. – 2024. – No. 3. – P. 93-103.
9. Ustimova S. A., Veriga D. A. Problems and prospects of digital land management // Civilist. – 2022. – No. 3. – P. 21-25.
10. Yakovleva T. A. Legal regime of lands of specially protected natural territories of the Arctic zone of Russia // Electronic supplement to the “Russian Law Journal”. – 2021. – No. 4. – P. 59-65.
11. Medvedev I. R. Problems of judicial disputes on the status of public territories // Arbitration and civil procedure. – 2020. – No. 10. – P. 22-26.
FINANCIAL LAW
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of the Department of Scientific Research and Innovation, H. M. Berbekov Kabardino-Balkaria State University, Nalchik
KODZOV Teimuraz Nashudovich
lecturer, of Firearms training, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, senior lieutenant of police
PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS AND CRYPTOCURRENCY IN THE RUSSIAN FEDERATION
The emergence of new financial instruments in the context of active digitalization of the economy is a necessity, since the functioning of the financial segment of the traditional format in the new conditions was not possible. The transition to settlements through new financial instruments in the global economic community is also regulated the development of such instruments in the Russian Federation. Work on the development and implementation of new financial instruments in a digital format has been carried out. Thus, such digital financial instruments as digital financial assets (DFA), cryptocurrencies, and the digital ruble appeared in Russia. However, problems arose in determining their legal status and, in general, the legal regulation of their circulation. Legal regulation of each of the financial mechanisms has its own characteristics, so if DFA and the digital ruble have a legal status and relevant federal laws have been adopted regulating the procedure for their circulation, then problems arise regarding the status of cryptocurrency in Russia, since the term “cryptocurrency” is not fixed in the framework of regulatory legal acts. The functioning of new financial instruments is an irreversible and constructive process that helps increase the competitiveness of the digital economy of Russia. This is important in modern economic and geopolitical conditions. Particular attention should be paid to the formation and improvement of the regulatory framework in the area of regulation of the digital financial assets market, cryptocurrency and the digital ruble.
Keywords: digital financial assets, cryptocurrency, digital ruble, emission, legal regulation, Bank of Russia, operations, financial instruments, digitalization, banks.
Article bibliography
1. Civil Code of the Russian Federation (CC RF) of November 30, 1994 No. 51-FZ.
2. Federal Law “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” dated July 31, 2020 No. 259-FZ (latest revision).
3. Degterev A. O. Legal regulation of investments in cryptocurrency: problems and prospects for implementation in the Russian Federation // Young scientist. – 2024. – No. 20 (519). – P. 292-299.
4. Zakharkina A. Analysis of the legal terminology series “digital assets”, “financial assets”, “assets” // Law and Economics. – Moscow, 2023 – No. 10. – P. 5-10.
5. Rozhdestvenskaya T. E., Guznov A. G. Digital financial assets: problems and prospects of legal regulation // Actual problems of Russian law. – 2020. – No. 15 (6). – P. 43-54.
6. Khanova Z. R., Saparova K. G. Conflict regulation of digital rights in the Russian Federation // Gaps in Russian legislation. 2023. – T. 16, No. 2. – P. 163-168.
FINANCIAL LAW
KRASHENINNIKOV Maxim Alexandrovich
postgraduate student of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
DEVELOPMENT OF ANTITRUST REGULATION IN DIGITAL MARKETS AT THE PRESENT STAGE
The modern economy is undergoing a period of rapid digitalization. New technologies are radically transforming the ways of production, logistics, marketsng, and consumption of goods and services. Online platforms, big data, artificial intelligence-based algorithms, and the transnational nature of e-business create both new opportunities and new challenges for government regulation and society as a whole. Antitrust policy has come into focus, as digital markets possess specific characteristics, including network effects, the complexity of defining product and geographic market boundaries, and the unique role of data and platforms.
Traditional tools of antitrust regulation were largely shaped in the context of the “offline economy”, where market share and sales volumes were the primary indicators of dominance. In the digital environment, however, factors such as access to vast amounts of user data, control over recommendation algorithms, and the ability to influence the behavior of millions of users often hold no less (and sometimes greater) significance. Moreover, platform ecosystems often act as their own «regulators», setting rules for participants: sellers, buyers, advertisers, developers, etc.
Keywords: digital markets, principle of legal certainty, antitrust regulation.
Bibliographic list of articles
1. Alekseenko A. P. Legal status of an e-commerce platform operator in the PRC // Jurisprudence. – 2024. – Vol. 68, No. 2. – P. 284-302.
2. Volnov A. S., Dalinin A. V. Problems of legal regulation of the competition institution in the context of digital transformation of the economy // Sociology and Law. – 2025. – Vol. 16, No. 4. – P. 560-572.
3. Kanaki V. V., Oksenyuk E. E. Ensuring the protection of competition in the system of economic security of the state: the digital aspect // Natural Sciences and Humanities. – 2024. – No. 1 (51). – P. 387-390.
4. Karapetyan A. A. Legal regulation of digital platforms and antimonopoly control: practice of application // Russian competition law and economics. – 2024. – No. 2. – P. 38-45.
5. Levakov P. A. Modern sources of market power of digital platforms: conclusions for antimonopoly regulation // Economic theory: meeting with reality. – P. 51.
6. Sayapin S. P. Regulation of digital commodity platforms in the context of the adoption of the fifth antimonopoly package: what is the future? [Electronic resource]. – Access mode: https://scientificjournal.ru/images/PDF/2024/155/regulirovanie-tovarnykh.pdf
7. Shastitko A. E., Pavlova N. S. Deglobalization of the Internet: myth or reality? // Journal of Modern Competition. – 2024. – Vol. 18, No. 4.
8. Shelepov A. V., Kolmar O. I. Regulation of digital platforms in Russia // Bulletin of international organizations: education, science, new economy. – 2024. – Vol. 19, No. 2. – P. 6.
FINANCIAL LAW
UNTEROV Vladimir Anatoljevich
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty, Samara Law Institute of the FPS of Russia
KHASNUTDINOV Renat Rafailevich
Ph.D. in Law, associate professor, associate professor of Combating economic crimes sub-faculty, Institute of Law, Samara State University of Economics
NIKITENKOV Stepan Andreevich
cadet of the 3rd course, Faculty of Law, Samara Law Institute of the FPS of Russia
FINANCIAL AND LEGAL ASPECTS OF INVESTMENT ACTIVITIES AT THE PRESENT STAGE ENTERPRISE DEVELOPMENT IN THE RUSSIAN FEDERATION
The article discusses the specifics of investment activity in the Russian economy. The authors note that, despite significant investments and support programs, there is a general slowdown in investment activity. Among the factors contributing to the above phenomenon, it is noted, in particular: a negative investment climate and economic unpredictability, a shortage of attractive investment projects, a decrease in control over investment activities, a lack of high-quality information about the invested objects, etc. As a result of the analysis, the main directions for stimulating investment activity are formulated, among which are: comprehensive mobilization of internal resources and effective use of attracted funds, professional assessment and risk management, sustainable improvement of financial literacy, improvement of the investment climate, including at the legislative level.
Keywords: investment activity, enterprises, financial literacy, manufacturing sector, economy, investments.
Article bibliography
1. Gorlovskaya I. G. Financial policy in relation to the categorization of investors – individuals in Russia and the field of protecting their interests // Bulletin of Omsk University. – 2020. – Vol. 18, No. 4. – P. 19-35.
2. Vostrikova E. O., Meshkova A. P. ESG criteria in investing: foreign and domestic experience // Financial Journal. – 2020. – Vol. 12, No. 4. – P. 117-129.
3. Dolgorukova I. V. Corporate ssocial investment in modern Russia: between economic efficiency and social justice // Bulletin of Perm University. – 2019. – No. 3. – P. 402-411.
4. Gorbatov S. A. Investment activity in Russia: problems and solutions // Portal of scientific and practical publications. [Electronic resource]. – Access mode: http://portalnp.ru/2015/04/2567 (date of access: 02/25/2025).
FINANCIAL LAW
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of the Department of Scientific Research and Innovation, H. M. Berbekov Kabardino-Balkaria State University, Nalchik
KODZOV Teimuraz Nashudovich
lecturer, of Firearms training, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, senior lieutenant of police
PROBLEMS AND MAIN DIRECTIONS OF COMBATING OFFENSES IN THE SPHERE OF DIGITAL ECONOMY
One of the main sectors that determine the overall competitiveness and, to a certain extent, the level of national security of a modern state is the level of development and security of the digital economy. The development and implementation of digital technologies has negative and positive consequences, one of the negative consequences is the active use of information technologies in committing criminal acts, including fraudulent transactions with funds of individuals and legal entities. The growth of offenses in the digital economy and the complexity of investigating crimes in this area determine the relevance of improving mechanisms to combat offenses in the digital economy. Counteraction to offenses in the digital economy is carried out by various entities, but special attention should be paid to the activities of law enforcement agencies. The problem is that the use of traditional methods of combating crimes used in the classical economic model is not effective. There is a need to form a new, relevant regulatory framework and an appropriate information technology foundation. It is necessary to train highly qualified personnel in the field of counteracting and investigating cybercrimes in the economic sector. It is important to note that combating offenses in the digital economy should be viewed as a comprehensive and systematic measure implemented not only by internal affairs agencies.
Keywords: digital economy, offenses, counteraction, cybercrimes, credit institutions, fraud, carding, phishing, cyberattacks, information security.
Bibliographic list of articles
1. Order of the Ministry of Communications of the Russian Federation dated 30.01.2019 No. 22 (as amended on 17.07.2024) “On approval of the activity plan of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation for the period 2019-2024”.
2. Cancun Declaration of the Organization for Economic Cooperation and Development on the Digital Economy: Innovation, Growth and Social Well-Being dated 23. 06. 2016
3. Voronin Yu. A. Crimes in the Sphere of Digital Information Circulation and Their Determinants // Victimology. – 2020. – No. 1 (23). – P. 74-80.
4. Counteraction to offenses committed with the use of information technologies: a collection of articles based on the materials of the scientific and practical conference (III school of young legal scholars), Moscow, November 11, 2020 / Ed. V. V. Kazakov; compiled by K. A. Komogortseva; University of the Prosecutor’s Office of the Russian Federation; Moscow Finance and Law University MFUA. – M .: MFUA, 2021 .– 224 p.
5. Strunin D. A. Cyberattacks and their impact on the digital economy // Young scientist. – 2023. – No. 5 (452). – P. 15-16.
6. Sashkina E. K. The impact of digitalization of the financial sector on economic security // Young scientist. – 2025. – No. 3 (554). – pp. 349-352.
FINANCIAL LAW
KRASHENINNIKOV Maxim Alexandrovich
postgraduate student of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
ANTITRUST REGULATION IN THE CONTEXT OF DIGITALIZATION: A COMPARATIVE LEGAL PERSPECTIVE
In the context of rapid technological advancement and the digitalization of the economy, antitrust regulation faces new challenges and opens up new opportunities. This article explores the legal aspects of antitrust regulation in various countries and analyzes approaches to regulating digital platforms, protecting competition, and preventing monopolization.
The study provides examples from European Union legislation and examines practices in other jurisdictions, such as China and Japan. Special attention is given to the tools and methods employed by government authorities to ensure fair competition in the face of the growing influence of large technology companies. The cinclusions drawn in the article emphasize the need to adapt existing legal mechanisms to new realities and to develop global approaches to antitrust regulation in the era of digitalization.
Keywords: Antitrust regulation, digitalization, digital markets, network effects.
Article bibliography
1. Gagarina I. V., Knyazeva I. V. State competition policy of Germany: responses to the challenges of digitalization of the economy, lessons for Russia // Bulletin of St. Petersburg University. Economics. – 2022. – Vol. 38, No. 4. – P. 551-580.
2. Istomin V. G. Antimonopoly regulation of the activities of digital companies and the functioning of Internet platforms in Russia and the European Union // Law enforcement. – 2022. – Vol. 6, No. 2. – P. 120-133.
3. Istomin V. G. Antimonopoly regulation of relations developing in the field of digitalization: foreign and Russian experience // Problems of interaction of public and private law in regulating the digitalization of economic relations. – 2020. – P. 41-46.
4. Pekhtereva E. A. The phenomenon of Brexit: what has changed for the UK economy // Social innovations and social sciences. – 2022. – No. 2 (7). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomen-breksita-chto-izmenilos-dlya-ekonomiki-velikobritanii.
5. Fang X. China’s Anti-Monopoly Law Is Under Revision // GRUR International. – 2020. – T. 69, No. 12. – P. 1189-1190.
6. Ma J., Ma J. Competition Law in China: An Overview // Competition Law in China: A Law and Economics Perspective. – 2020. – pp. 11-29.
7. Mubarok S., Candra R. Google, Facebook, And China: Internet Supremacy and Digital Sovereignty // Dauliyah: Journal of Islam and International Affairs. – 2023. – T. 8, No. 1. – P. 64-77.
8. Scharf A. Competition Law Sanctions in Austria // The Cambridge Handbook of Competition Law Sanctions. – 2022. – P. 275.
9. Van Uytsel S., Uemura Y. Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention // Competition Law for the Digital Economy. – Edward Elgar Publishing, 2019. – pp. 231-263.
10. Van Uytsel S., Uemura Y. Regulating competition between digital platforms: The Japan fair trade commission’s preference for unfair trade practices // The Digital Economy and Competition Law in Asia. – 2021. – P. 45-72.
11. Zicheng L. The Prospect of Chinese Internet Companies’ Strategy Investment: Taking Tencent, ByteDance, Alibaba and Baidu as Examples //International Conference on Business and Policy Studies. – Singapore: Springer Nature Singapore, 2023. – pp. 930-940
FINANCIAL LAW
LEPINA Valeriya Igorevna
competitor of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL), Head of the Center for Legal Support of Digitalization in the Financial Market (Management Rights) of the Legal Department, Bank of Russia
FINANCIAL SOVEREIGNTY AS A COMPONENT OF STATE SOVEREIGNTY
The article considers the concept of sovereignty and the evolution of its content. The following component of state sovereignty is analyzed: as economic sovereignty, which includes financial sovereignty. In this regard, financial sovereignty is defined as an integral component of state sovereignty. The issues of the content of financial sovereignty are raised, which have become especially relevant in the context of ongoing sanctions pressure in the Russian Federation. The results of the study could serve as a basis for further discussions on the future of state sovereignty in the context of global change.
Keywords: sovereignty, state sovereignty, constitutional foundations of sovereignty, economic sovereignty, financial sovereignty, types of financial sovereignty
Article bibliography
1. Blishchenko I., Doria J. The concept of economic sovereignty of the state // Jurisprudence. 2000. No. 1. P. 200-217.
2. Bodin J. Six books on the state // Anthology of world legal thought in 5 volumes. v. 2 Europe of the 5th-17th centuries. Moscow, 1999. P. 689-695.
3. Buchakova M. A. The idea of popular sovereignty and ensuring rights and freedoms in the domestic political and legal thought of the second half of the 19th – early 20th centuries // Legal science and law enforcement practice. 2022. No. 1 (59). P. 6-12.
4. Vikhrov A. A. et al. The concept and essence of sovereignty // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2005. No. 3. P. 14-25.
5. Hessen V. M. General doctrine of the state. SPb., 1912. P. 56.
6. Gavrilov D. A. State sovereignty as a value of public law // International and national mechanisms for ensuring sovereignty. 2017. P. 72-75.
7. Grachev V. S., Serov K. N. Legal means of ensuring the economic sovereignty of a modern state // History of the state and law. 2007. No. 8. P. 4-5.
8. Gracheva E. Yu. Financenew sovereignty — myth or reality? // Bulletin of the O. E. Kutafin University. 2023. No. 7 (107). P. 19-26.
9. Gracheva E. Yu., Arzumanova L. L., Boltinova O. V. et al. Financial sovereignty of the state: theory and legal reality. Moscow: Legal Publishing House Norma, 2024. 344 p.
10. Danilov D. Yu., But N. D. Actual issues of ensuring the rule of law in the context of foreign policy challenges // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. 2023. No. 2 (93).
11. Dogadaylo E. Yu. Economic sovereignty of the Russian Federation: analysis of the main legal forms of implementation at the present stage // Bulletin of the Tuva State University. Social and Humanitarian Sciences. 2018. No. 1. P. 177-184.
12. Jean B. Six books about the republic: Book 6. Chapter 1. On censorship / Translated from French, notes and introduction // Philosophy. Journal of the Higher School of Economics. 2022. Vol. 6, No. 1. P. 339-368.
13. Zhusupov A. D. On the concept of finance and its characteristics // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2012. No. 1 (25). P. 24-29.
14. Zonova T. V. Westphalian system // Bulletin of MGIMO University. 2008. No. 1. P. 153-155.
15. Kozlova E. I., Kutafin O. E. Constitutional Law of Russia. Moscow, 1995. P. 120.
16. Kozlova E. I., Kutafin O. E. Constitutional Law of Russia: Textbook. Moscow: Jurist, 1995. 479 p.
17. Andrichenko L. V., Bogolyubov S. A., Bondar N. S., et al. Commentary on the Constitution of the Russian Federation (article by article) / Ed. V. D. Zorkin. 2nd edition, revised. Moscow: Norma, Infra-M, 2011. 1008 p.
18. Kuznetsova E. et al. Western Concepts of State Sovereignty // International Processes. 2006. Vol. 4, No. 2. Pp. 90-99.
19. Kuzmin E. L., The Riddle of Jean Bodin. A Treatise on Sovereignty. Moscow: International Relations, 2018. 376 p.
20. Kulyaskina I. Yu. P. I. Novgorodtsev on the Genesis and Prospects of the Rule of Law // Bulletin of Amur State University. Series: Humanities. 2022. No. 98. Pp. 3-6.
21. Kutafin O. E. Selected Works / Compiled by V. V. Komarova. M.: Prospect, 2016. 368 p.
22. Kutafin O. E. Subject of constitutional law. M.: Jurist, 2001. 443 p.
23. Leksin V. I. On the issue of sovereignty in a federal state // Constitutional and municipal law. 2011. No. 12. Pp. 26-31.
24. Morozova A. S., Karasev A. T. Some approaches to understanding state sovereignty // History of the state and law. 2014. No. 20. Pp. 45-50.
25. Omelyokhina N. V. Financial sovereignty of the state: on the formulation of the problem of studying legal identification // Financial law. 2017. No. 4. P. 12-21.
26. Orlov M. Yu. Tax as a form of reasonable limitation of the fiscal sovereignty of the state // Financial law. 2006. No. 2.
27. Pogorletsky A. I. Tax planning of foreign economic activity. St. Petersburg, 2006. P. 13.
28. Rybkovskaya O. N. Financial and economic sovereignty of Russia as a condition for creating its own geoeconomic pole: lessons of history and modernity // Moscow Economic Forum-2016. P. 130.
29. Explanatory dictionary of the Russian language / S. I. Ozhegov, N. Yu. Shvedova; Russian Academy of Sciences, Institute of Russian. language, Russian Cultural Foundation. – 2nd ed., corrected. and add. M.: Az, 1994.
30. Khavanova I. A. Fiscal (tax) sovereignty and its boundaries in integration entities // Journal of Russian Law. 2013. No. 11 (203). P. 41-51.
31. Encyclopedia of Russian financial law / Editors: E. Yu. Gracheva, R. E. Artyukhin. M.: Prospect, 2024. 923 p.: table. Bibliography at the end of the section. ISBN 978-5-392-40343-1.
32. Yazov A. N. The idea of popular sovereignty and the theory of separation of powers in the teachings of M. M. Kovalevsky // Omsk scientific readings – 2018. 2018. P. 1183-1185.
ENTREPRENEURIAL LAW
MUCHINSKIY Danila Olegovich
legal adviser, DM LLC
CURRENT ISSUES ARISING DURING THE EXECUTION OF A CAR SHARING AGREEMENT
The article analyzes the problems of the car sharing agreement, its legal nature and legal qualification. The author categorizes the car sharing agreement as a mixed agreement with elements of lease, services and license contracts respectively. The contract of lease of means of transportation without crew and vehicle rental contract are compared herein. The author via researching addresses the relevant law-application practice. The issues arising during the car sharing contract performance are identified there. For the specified issues, the corresponding solutions are proposed.
Keywords: car sharing agreement, vehicle rental contract, transport services, short-term lease.
Article bibliography
1. Grishaev S. P., Svit Yu. P., Bogacheva T. V.: Article-by-article commentary to the Civil Code of the Russian Federation. Part 2 // SPS “Consultant Plus”.
2. Kondratyev E. A., Sotova A. Some aspects of car sharing regulation and their responsibilityusers in the Russian Federation // Education and Law. – 2022. – No. 4. – P. 162-167.
3. Filippov S. A., Pereyarina P. O. Car sharing as a new phenomenon in the civil law of the Russian Federation // Bulletin of the Saratov State Law University. – 2019. – No. 3. – P. 138-143.
CORPORATE LAW
CHERKASOV Artem Yurjevich
postgraduate student, G. V. Plekhanov Russian University of Economics
LEGAL NATURE AND ACTUAL PROBLEMS OF LEGAL REGULATION OF PRODUCTION SHARING AGREEMENTS (PSA)
This article examines the current challenges associated with the accounting treatment of foreign exchange differences in Russia, including the lack of a clear legislative definition, inconsistencies in tax accounting, and the impact of sanctions and currency restrictions. It analyzes recent amendments to the Russian Tax Code, particularly the revised rules for recognizing foreign exchange differences for taxation purposes. Special attention is given to the complexities of accounting for foreign exchange differences under special tax regimes such as the Simplified Tax System (STS) and the Patent Tax System (PTS). Additionally, the article highlights issues arising from currency restrictions, double currency conversion, and discrepancies between accounting and tax reporting. Potential solutions are explored, including arbitration practices and anticipated clarifications from the Ministry of Finance of the Russian Federation.
Keywords: foreign exchange differences, Russian Tax Code, accounting for foreign exchange differences, taxation, currency restrictions, sanctions, STS, PTS, tax risks, accounting standards, tax base, non-operating income, foreign currency transactions, double conversion, Ministry of Finance of the Russian Federation, tax control, arbitration practice, positive foreign exchange differences, negative foreign exchange.
Bibliographic list of articles
1. The Tax Code of the Russian Federation (part two) of 19.07.2000 No. 118-FZ (as amended on 29.12.2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_28165/ (date of access: 19.03.2025).
2. Letter of the Ministry of Finance of Russia dated 12.07.2022 No. 03-03-06/1/66936 “On accounting in 2022 of exchange rate differences on claims (liabilities) in foreign currency for income tax purposes.” [Electronic resource]. – Access mode: https://base.garant.ru/405004693/ (date accessed: 19.03.2025).
3. Letter of the Ministry of Finance of Russia dated December 22, 2022 No. 03-03-10/126074 “On the procedure for recognizing for profit tax purposes exchange rate differences that arose in the period from January 1, 2022 to December 31, 2024.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/406050067/ (date of access: 16.03.2025).
4. Letter of the Ministry of Finance of Russia dated 25.05.2016 No. 03-11-12/30538 “On accounting for tax purposes under the PSN and the STS of income in the form of exchange rate differences from the sale of currencies.” [Electronic resource]. – Access mode: https://base.garant.ru/71438208/ (date accessed: 19.03.2025).
5. Letter of the Federal Tax Service of Russia dated 26.12.2022 No. SD-4-3/17561@ “On the application of the provisions of Federal Law dated 26.03.2022 No. 67-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Article 2 of the Federal Law “On Amendments to Part Two of the Tax Code of the Russian Federation in terms of taxation of exchange rate differences arising in the period from January 1, 2022 to December 31, 2024”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_437416/ (date of access: 17.03.2025).
6. Belikova T. N., Minaeva L. N. All PBU with comments, 2nd ed. – St. Petersburg: Piter, 2009. – P. 202.
7. Dolgopolov O. I. Appeal: a way to protect the rights of taxpayers. – Moscow: Publ. “GrossMedia”, “ROSBUKH”, 2011. – P. 168.
8. Novoselov K. V. Income tax. Guide to the formation of the tax base, calculation and payment of tax: a teaching aid, 4th ed., revised and enlarged. – Moscow: Publ. “IC Group”, 2011.
9. Rozhnova O. V. Transformation of reporting into IFRS format / Edited by O. V. Rozhanova. – M.: Jurisprudence, 2005. – P. 120.
CORPORATE LAW
UMRIKHIN Stepan Dmitrievich
postgraduate student of Entrepreneurial and corporate law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
THE SIGNIFICANCE OF THE CONCEPT OF BALANCE OF INTERESTS IN CORPORATE LAW
The purpose of this article is to examine the role of the concept of balance of interests in the science and practice of corporate law. The balance of interests is a key factor ensuring the proper existence and functioning of a corporation. In the absence of such a balance, there are high risks of corporate conflicts, which may resultin the liquidation of the corporation, its bankruptcy, as well as various procedures aimed at a forced change of corporate control, exclusion from the corporation or restriction in the management of the corporation of one or more of its participants. As a result, all of these negative consequences harm not only the private interests of the corporation and its participants, but also, depending on the scale of the organization’s activities, may have a significant negative impact on entire sectors of the economy, which would also bring damage to the public interest.
Keywords: balance of interests, interest, corporation, corporate control, corporate conflict, partnership agreement.
Bibliographic list of articles
1. Andreev V.K., Laptev V.A. Corporate law of modern Russia: monograph / 2nd ed., revised. and additional M.: Prospect, 2017. 352 p.
2. Boyko TS Protection of the Rights and Interests of Minority Participants in a Non-Public Company in the Law of Russia, the USA and Great Britain. M.: Statut, 2019. 255 p.
3. Lutsenko SI The Shadow Part of Corporate Law: Questions and Answers // Modern Law. 2020. No. 1. Pp. 66-73.
4. Osipenko OV Corporate Conflictology // Monograph. M.: Statut, 2022. 758 p.
5. Belyaeva OA, Burlakov SA, Vildanova MM, et al. Modern Corporate Law: Current Issues of Theory and Practice: Monograph / Ed. O. V. Gutnikov; Institute of Legislation and Comparative Law under the Government of the Russian Federation. M.: Statut, 2021. 528 p.
6. Stepanov D. I. Deadlocks in non-public corporations: possible options for the development of legislation and judicial practice // Bulletin of Economic Justice of the Russian Federation. 2015. No. 9. Pp. 60-113.
7. Stepanov D. I. Interests of a legal entity and its participants // Bulletin of Economic Justice of the Russian Federation. 2015. No. 1.
8. Sukhanov E. A. Comparative corporate law / 2nd ed., stereotype. M.: Statut, 2016. 456 p.
9. Shitkin A. O. Corporate control under the law of Russia and the USA: concept, grounds and legal consequences of occurrence // Dissertation for the degree of candidate of legal sciences. 245 pp.
10. Eisenberg M. The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking // California Law Review. 1969. Vol. 57. P. 1-181.
11. Franklin A. Gevurtz. Who Represents the Corporation – In Search of a Better Method for Determining the Corporate Interest in Derivative Suits.
ECOLOGICAL LAW
PONOMARENKO Anatoliy Vasiljevich
Ph.D. in pedagogical sciences, associate professor of the Graduate School of Law and Forensic Science, Peter the Great St. Petersburg Polytechnic University
ABDUZHALILOV Timur Farkhodovich
magister student, of the Graduate School of Law and Forensic Science, Peter the Great St. Petersburg Polytechnic University
SMIRNOV Vadim Andreevich
magister student, of the Graduate School of Law and Forensic Science, Peter the Great St. Petersburg Polytechnic University
PROTECTING THE ENVIRONMENT BY DETAILING THE DAMAGES MECHANISM
The article presents a comprehensive analysis of the mechanism of compensation for losses caused by negative impact on the environment. By means of comparative-legal method foreign experience in environmental protection rationing is analyzed, advantages and problems of existing methods for assessment of environmental losses are determined. Also, a detailed formal-legal study of the effectiveness of the civil law institute of compensation for the resolution of disputes about the infliction of harm in the natural resources sphere is conducted. The work is carried out taking into account the principles of sustainable development and is interdisciplinary, as it is based on the systematic disclosure of economic and legal principles of anthropogenic activity. Based on the results of the study, proposals are formed to improve the normative regulation by means of detailing the normative construct. The results of the study are integrative in nature and potentially applicable to increase the efficiency of environmental protection.
Keywords: restorative mechanisms, natural resource objects, legal regulation, environmental expertise, sustainable development, compensatory measures, natural resource law, integrated approach, environmental agenda, harm minimization, legal assessment, legal construct, economic paradigms.
Bibliographic list of articles
1. Luneva E. V. Law of rational use of natural resources: doctrine, methodology and practice: abstract of a dissertation for the degree of Doctor of Law: 5.1.2 – Public and legal (state and legal) sciences: Moscow State University named after M. V. Lomonosov. – Moscow, 2023. – 52p.
2. Maslova O. L., Polevskiy A. S. The main leap in the pace of globalization and its consequences // New economy: institutions, instruments, trends: Proceedings of the VII All-Russian scientific and practical conference, June 7, 2024. – Orel: Oryol State University named after I. S. Turgenev, 2024. – P. 116-119.
3. Voloshin V. I. From raw materials to an innovative model of the Russian economy: the role of oil and gas exports // Beneficium. – 2024. – No. 1 (50). – P. 40-46.
4. Savkin V. I. Economic aspects of environmental protection // Bulletin of OrelSAU. – 2023. – No. 5 (104). – P. 157-163.
5. Neshirov V. A. Comparative analysis of the state of regulation in the field of environmental protection in the Russian Federation and a number of foreign countries // Young scientist. – 2022. – No. 37 (432). – P. 107-109.
6. Brinchuk M. M. Measure of freedom of the owner of land and other natural resources // Bulletin of Udmurt University. – 2024. – Vol. 34, No. 1. – P. 168-177.
7. Gafarov N. R. Identification and criteria for assessing objects of accumulated harm to the environment // Actual problems of Russian law. – 2022. – No. 1 (134). – P. 189-197.
8. Sarvartdinov M. R. The emergence and development of environmental law in the pre-revolutionary period of Russia // Eurasian Advocacy. – 2024. – No. 4 (69). – pp. 29-32.
ECOLOGICAL LAW
KUTATELADZE David Davidovich
assistant, postgraduate student of Land and environmental law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF ECOLOGICAL AND LEGAL REGULATION OF LAND RELATIONS IN CONSTRUCTION
In the context of active urban development, ecological and legal regulation of land relations in construction is of particular importance, aimed at ensuring a balanced interaction between economic interests and environmental protection requirements. An analysis of current legislation shows that despite the existence of regulatory frameworks, law enforcement practice reveals shortcomings in environmental impact assessment mechanisms, land dispute resolution, and compensation for environmental damage. Special attention is paid to the problem of land expropriation for public needs, which is often accompanied by soil degradation, destruction of green spaces, and disruption of ecosystem balance. To address these issues, measures have been proposed to improve the environmental audit system, strengthen state control, and develop new mechanisms for compensating environmental damage.
Keywords: environmental law, land relations, construction, land expropriation, environmental damage.
Article bibliography
1. Anisimov A. P., Ryzhenkov A. Ya., Isakova Yu. I. Environmental law of Russia: textbook and workshop for universities. – 9th ed., revised and enlarged. – M.: Yurait, 2025. – 432 p.
2. Bogolyubov S. A., Pozdnyakova E. A. Legal bases of nature management and environmental protection: textbook and practical training for universities. – M.: Yurait Publishing House, 2025. – 479 p.
3. Lesnykh S. I. Possibilities of implementing the environmental and legal mechanism for environmental protection to regulate economic activities in the coastal areas of Lake Baikal // Law and Politics. – 2022. – No. 12. – P. 29-40.
4. Selivanova K. A. Features of the environmental and legal mechanism in the agrarian sphere: constitutional aspect // Bulletin of the Udmurt University. Series “Economics and Law”. – 2023. – V. 33, No. 1. – P. 148-154.
5. Ulyanov A. V. On the legal regimes of artificial land plots and related objects // Lex russica. – 2022. – No. 4 (185). – P. 37-49.
6. Khlyudeneva N. I., Ponomarev M. V., Kichigin N. V. Environmental law: a textbook for universities. – M.: Yurayt, 2024. – 221 p.
ECOLOGICAL LAW
SMIRNOVA Anastasiya Vladimirovna
postgraduate student of Land and environmental law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia; Deputy Head of the Department of Regulatory Regulation of Civil Service Issues and Anti-Corruption of the Department of Management of the Ministry of Natural Resources and Ecology of the Russian Federation
ECOLOGICAL AND LEGAL CHARACTERISTICS OF THE CONCEPT OF “GREEN” CONSTRUCTION
The author examines the issues of the theoretical relationship between the ideological and legal basis of the concept of sustainable development and “green” construction in the prism of problems of theory and practice. The analysis of modern legal regulation of relations on the introduction of technologies and standards of “green” construction into urban planning practice is carried out. Special attention is paid to issues related to the legal regulation of specially protected natural areas, certification of green construction projects.
Keywords: sustainable development, «green economy», «green» construction, sustainable development goals, environmental law, environment.
Article bibliography
1. Grinchuk I. S., Sinyak N. S. «Green construction» as one of the most important aspects of sustainable development // Proceedings of BSTU. – 2014. – No. 7. – P. 201-203.
2. Danilova E. A., Bratan F. I., Khotuleva E. I., Okolnikova G. E. Basic principles of the concept of «green construction» // System technologies. – 2020. – No. 4 (37). – P. 16.
3. The role of law in the formation of a «green» economy in national jurisdictions (on the example of the Russian Federation): monograph / Ed. A. Ya. Ryzhenkov. – Moscow: Yurlitinform, 2023. – P. 170.
4. Ryzhenkov A. Ya. Development of “green” construction in Russia as an element of the green economy: legal aspect // Agrarian and land law. – 2023. – No. 11 (227). – P. 37.
5. Sokolova N. A. The concept of sustainable development and international environmental law // Bulletin of the O. E. Kutafin University. – 2021. – No. 11 (87). – P. 226.
6. Ursul A. D., Romanovich A. L. The concept of sustainable development and the problem of security // Philosophy of science. – 2001. – No. 3. [Electronic resource]. – Access mode: http://filosof.historic.ru/books/item/f00/s00/z0000706/ (date of access: 20.03.2025).
7. Khloptsov D. M., Gubanishcheva M. A. Ecological and economic assessment of “green construction” objects // Property relations in the Russian Federation. – 2018. – No. 11. – P. 6
CRIMINAL LAW
ANTONOV Vladislav Fedorovich
Ph.D. in Law, associate professor of State, criminal and legal disciplines sub-faculty, G. V. Plekhanov Russian University of Economics
FEATURES OF THE QUALIFICATION OF ILLEGAL ACTIVITIES FOR THE REPAYMENT OF OVERDUE DEBTS OF INDIVIDUALS
Based on the analysis of the current legislation, the article reveals the grounds and conditions for bringing to criminal responsibility for the illegal implementation of activities to repay overdue debts of individuals. The article defines the range of circumstances to be proven when establishing the signs of the crime in question, analyzes problematic issues of qualification of illegal actions of employees of the creditor organization committed in the process of interaction with the debtor. Taking into account the latest legislative changes, the rights and powers of employees of financial organizations who are authorized to collect overdue debts from individuals are being considered.
Keywords: overdue debt, crime, violence, threat, legal regulation, criminal law, financial organization, regulatory legal acts, obligation.
Article bibliography
1. Kurbatov A. Ya. Laws of Russia: experience, analysis, practice. – 2019. – No. 4. – P. 37-42.
CRIMINAL LAW
KARIMOVA Zainab Magomedkarimovna
magister student of the 1st course, North Caucasus Institute, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
KARIMOVA Raisat Shihabudinovna
Ph.D. in philological sciences, associate professor, North Caucasus Institute, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
PROBLEMS OF CRIME QUALIFICATION BASED ON THE OBJECTIVE SIDE
The present article considers the determining influence of the objective side of a crime on the qualification of a deed. Special attention is paid to the problems of qualification arising in case of ambiguous interpretation of certain features of the objective side, for example, in determining the causal link in complex cases (medical errors, environmental disasters) or in establishing the moment of the end of the crime (continuing and ongoing crimes).
It is emphasized that the correct qualification of a crime is impossible without a thorough and comprehensive study of all elements of the objective side. Errors in establishing, for example, the causal link or the way of committing a crime, can lead to incorrect qualification and, as a consequence, to unjust punishment.
Keywords: qualification of crimes, objective side of a crime, corpus delicti, meaning of objective side, external manifestation of a crime.
Article bibliographic list
1. Kashepov V. P. Judicial errors in qualifying the objective side of the crime // Commentary on judicial practice. Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation, CONTRACT, 2018. Issue 23. P. 148-160.
2. Kolosovsky V. V. Error in qualifying the objective side of crimes // Bulletin of the Chelyabinsk State University. 2002. No. 1 (3). P. 112-121.
3. Krasovskaya O. Yu. Some theoretical and applied problems of assigning minors a criminal penalty in the form of a fine // Issues of Russian and International Law. 2018. Vol. 8. No. 9A. Pp. 245-252.
CRIMINAL LAW
KIRIKOVA Marina Vladimirovna
lecturer of General legal disciplines sub-faculty, Leningrad regional branch, St. Petersburg University of the MIA of Russia
QUALIFICATION OF COMPLEX CRIMES USING THE EXAMPLE OF VIOLENT HOOLIGANISM
The article examines the issue of qualification of violent hooliganism, which became particularly relevant after the legislator returned the sign of violence and the threat of violence to the disposition of the article on hooliganism. The author explores various points of view on the qualification of violent hooliganism and, taking into account the rules for the qualification of complex crimes, substantiates his position on this issue.
Keywords: violent hooliganism, qualification, complex crimes, crime-method, nature of violence.
Bibliographic list of articles
1. Belov M. N. The composition of “hooliganism” in the Criminal Code of the Russian Federation: temporary transformation // Russian judge. – 2021. – No. 10. – P. 25-28.
2. Zhadyaeva M. A., Yanina I. Yu. Social danger of “violent” and “armed” hooliganism: problems of legislative technique and law enforcement // Russian judge. – 2022. – No. 2. – P. 21-26.
3. Kuznetsova N. F. Problems of qualification of crimes: Lectures on the special course “Fundamentals of qualification of crimes”. – M .: Publishing House “Gorodets”, 2007. – 336 p.
4. Yakovleva L. V., Kupriyanov E. I. Controversial issues of qualification of hooliganism committed with the use of violence in the Moscow metro // Russian investigator. – 2022. – No. 10. – P. 53-56.
CRIMINAL LAW
LIMAR Anna Sergeevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
MIKHAYLOVA Irina Anatoljevna
Ph.D. in Law, professor of Criminal law disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
LEGAL REGULATION OF ORGANIZATION OF GAMBLING ZONES IN THE RUSSIAN FEDERATION
The present article is devoted to consideration of actual problems of decentralized regulation of activity on the organization and carrying out of gambling in gambling zones operating in the territory of the Russian Federation in accordance with the Federal Law of the Russian Federation No. 244 from 12/29/2006 “On state regulation of activity on the organization and carrying out of gambling and on amendments to some legislative acts of the Russian Federation.”
The conclusion is substantiated that the regulation of gambling activities is carried out by executive authorities with various competencies. These circumstances, according to the authors, determine the growth of contradictions in the organization of power and management. As a solution to this problem, it is proposed to develop uniform recommendations for the performance of duties by regional executive authorities of uniform competence, or transfer managerial functions to gambling organizers.
Keywords: gambling, organization and conduct of gambling, regulation of gambling activities, problems of regulation.
Article bibliography
1. Limar A. S. Criminological justification and legal regulation of the creation of a gambling zone in the Republic of Crimea // Russian criminological view. – 2015. – No. 4. – P. 1014-1016.
2. Samarukha A. V. Problems of redundancy and duplication of functions of regional executive authorities // Bulletin of USUE. – 2008. – No. 2 (1). – P. 74-77.
3. Antonova N. B. Theory and Methodology of Public Administration: Lecture Course. N. B. Antonova, L. M. Zakharova, L. S. Evening – 3rd ed., suppl. – Mn.: Acad. of Administration under the President of the Republic of Belarus, 2005. – 231 p.
4. Lopashenko N. A. Status and Problems of Combating Corruption and Crime in the Economic Sphere // State and Law. – 2000. – No. 10. – P. 110-113.
5. Kudashkin A. V. Anti-Corruption Expertise: Theory and Practice. Scientific and Practical Manual. – M.: Norma, Infra-M, 2012. – 324 p.
6. Tyutyunikov Yu. K. Formation of gambling business as a new element of Russian economy and methods of its state regulation: author’s abstract. dis. … candidate of economic sciences: 08.00.01. – M., 2010. – 30 p.
CRIMINAL LAW
MANNA Ammar Abdul Karim
Ph.D. in Law, associate professor of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship Universityof Russia
AL-MUSAFIR Duraid Mohammed Hassan
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
DEPRIVATION OF LIBERTY AS A MEASURE OF POLICE AND JUSTICE IN THE ISLAMIC WORLD
The article considers theoretical aspects of the use of imprisonment in Muslim states in the context of state policy, justice and crime control. The legal grounds of this type of punishment, its role in the correction of criminals and specific features related to the religious norms of Islam are analyzed. The study shows that in Muslim countries imprisonment is used as a measure aimed at maintaining public order, preventing crime and preserving moral values. The use of imprisonment differs depending on the legal system of a particular state, which is due to the combination of traditional Sharia law and modern legal norms. The study concludes that the institution of deprivation of liberty in Islamic countries is an important tool of criminal policy, but its application is subject to both state and religious principles.
Keywords: deprivation of liberty, Islamic criminal law, imprisonment, Muslim legislation, justice, state policy.
Article bibliography
1. Geldibaev M.Kh., Vandyshev V.V. Criminal procedure: a textbook for university students studying in legal specialties. – M .: UNITY, 2014. – 719 p.
2. Esakov G.A. Muslim criminal law: origin and historical development // Russian law on the Internet. – 2005. – No. 4. – P. 2-20.
3. Likhachev V. A. Criminal law in independent countries of Africa. – M.: Chief editor of the Eastern lit. publishing house Nauka, 1974. – 240 p.
4. Malinovsky A. A. Comparative criminal law. – M.: Yurlitinform, 2014. – 592 p.
5. Pikalov I. A. Principles of domestic criminal procedure. – M.: Yurlitinform, 2012. – 254 p.
6. Radzhabova E. Sh. Institute of punishment under Muslim criminal law // Journal of foreign legislation and comparative law. – 2015. – No. 1. – P. 124-130.
7. Syukiyainen L. R. Muslim criminal law: theoretical foundations and modern practice // Modern criminal law and criminology. – 2007. – P. 80-106. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/musulmanskoe-ugolovnoe-pravo-teoreticheskie-osnovy-i-sovremennaya-praktika (date of access: 31.01.2025).
8. Khalil H. H. The system of punishments under Muslim head law: dis. … candidate of legal sciences. – M., 2008.
9. Abdel Haleem. Criminal justice in Islam. – London, 2003.
10. Dammer H. R., Albanese J. S. Comparative criminal justice system. – Belmont, 2011. – P. 55-56.
11. Haleem A. M., Sharif A. O., Daniels K. Criminal Justice in Islam: Judicial Procedure in the Shariah. – London, 2003. – P. 3-16.
12. Kamali M. H. Principles of Islamic Jurisprudence, the Islamic texts society. – Cambridge, 2003. – P. 230 @@ Hallaq W. B. An introduction to Islamic law. – NY., 2009. – P. 93.
13. Muhammad S. Y. Human Rights in Islam. – M.: Dilya, 2008. – 288 p.
14. Reza S. Egypt. The Handbook of Comparative Criminal Law / Ed. by Kevin Jon Heller and Markus D. Dubber. – Stanford, California: Stanford University Press Stanford, 2011. – P. 179-208.
15. Tellenbach S. Iran / Silvia Tellenbach // The Handbook of Comparative Criminal Law / Edited by Kevin Jon Heller and Markus D. Dubber. – Stanford, California: Stanford University Press Stanford, 2011. – P. 320-351.
CRIMINAL LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
MAZKIN Andrey Anatoljevich
lecturer of Fire and technical training sub-faculty, Barnaul Law Institute of the MIA of Russia
GODOVYKH Alexander Alexandrovich
lecturer of Fire training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
SOME TYPES OF DIGITAL PROPERTY CRIMES
The paper examines crimes involving the use of digital technologies affecting property rights. Special attention is paid to the problems of qualification of criminal attacks committed using information and communication technologies and computer information. The authors have given a legal assessment. The article also discusses certain issues of criminal liability for crimes against property in the context of the digital transformation of society. It causes the emergence of new ways of committing crimes that require improvement of criminal law regulation. In addition, the authors considered the issues of qualification of special fraud structures, for which criminals use electronic means of payment.
Keywords: criminal law analysis, digital crimes, organized crime in digital format, criminological cybersecurity, entrepreneurship, criminalization of business relations, shadow economies.
Article bibliography
1. Brief characteristics of the state of crime in the Russian Federation for January – December 2023. – [Electronic resource]. – Access mode: https://мвд.рф/reports/item/47055751/ (date of access: 11/28/2024).
2. The Supreme Court judge reported an increase in the number of people convicted in the Russian Federation for cybercrimes. – [Electronic resource]. – Access mode: https://www.bfm.ru/news/527035 (date accessed: 28.11.2024).
3. Prostoserdov M. A. Economic crimes committed in cyberspace and measures to counter them: dis. … candidate of legal sciences. M., 2016. S. 63.
4. Jafarli V. F. Critical criminal-legal analysis of Article 159.6 of the Criminal Code of the Russian Federation “Fraud in the field of computer information” // Eurasian Advocacy. 2017. No. 5 (30). S. 85-88.
5. Jafarli V. F. Critical criminal-legal analysis of Article 187 of the Criminal Code of the Russian Federation “Illegal circulation of means of payment” // Eurasian Advocacy. 2018. No. 3 (34). P. 88-89.
6. Jafarli V. F. Critical criminal-legal analysis of Article 159.3 of the Criminal Code of the Russian Federation “Fraud using electronic means of payment” // Eurasian Law Journal. 2018. No. 8 (123). pp. 224-225.
CRIMINAL LAW
NEDBAILOV Pavel Andreevich
assistant of Criminal Law sub-faculty, Institute of Law, Siberian Federal University, Krasnoyarsk
ALEXEEV Vsevolod Olegovich
Master of Laws
SOME ISSUES OF ESTABLISHING A CAUSE AND EFFECT RELATIONSHIP IN CRIMES COMMITTED IN THE FORM OF OMISSION
The article examines the problematic issues of establishing a cause and effect relationship in crimes committed in the form of omission. The authors conclude that when establishing a causal relationship, the type of criminal omission should be taken into account. Thus, in the case of an act committed in the form of “pure” omission, when establishing a causal relationship, inaction must be considered as an element of the causal complex. Along with the systems approach, the method of mental substitution should be used to establish cause and effect relationships.
Keywords: cause and effect relationship, omission, causal complex, mental substitution method.
Article bibliography
1. Gorelik I. I. Qualification of crimes dangerous to life and health. – Minsk, 1973. – 318 p.
2. Korobeev A. I. Failure to provide assistance to a patient // Criminological journal of the Baikal state university of economics and law. – 2007. – No. 1-2 (1). – P. 35-39.
3. Kosheleva A. Yu. Features of causal connection in the elements of crimes committed by inaction: dis. … candidate of legal sciences: 12.00.08 / Ur. state legal academy. – Ekaterinburg, 2005. – 156 p.
4. Malinin V. B. Causal connection in criminal law: Theoretical and practical issues: dis. … doctor of legal sciences: 12.00.08. – St. Petersburg, 1999. – 409 p.
5. Malinin V. B. Theories of causal connection in the concept of V. N. Kudryavtsev // Criminal law. – 2008. – № 2. – P. 102-107.
6. Ter-Akopov A. A. Crime and problems of non-physical causality in criminal law. – M.: Yurkniga, 2003. – 480 p.
7. Timeiko G. V. General doctrine on the objective side of crime / North Caucasus scientific center of higher education. – Rostov n / D: Publishing house of Rostov University, 1977. – 216 p.
CRIMINAL LAW
RAKHMANOVA Ekaterina Nikolaevna
Ph.D. in Law, associate professor, Head of Criminal law sub-faculty, North-West branch, V. M. Lebedev Russian State University, St. Petersburg
CYBERCRIME IN ASEAN: STATES’ EMPIRICAL APPROACH
The rapid development of information technologies in the member-states of the Association of Southeast Asian Nations (ASEAN) has led to an increase in cybercrime in the region and the need to develop measures to counter them at both the regional and national levels. The article analyzes the features of the ASEAN regional approach to solving cybercrime problems and the experience of individual countries. With the adoption of the Declaration on Preventing and Combating Cybercrime in 2017, ASEAN as a regional organization, as well as some of its member states, managed to achieve certain successes. But what most countries have in common is the lack of a single legislative act aimed at combating cybercrime, and a lack of uniformed legal language. In turn, ASEAN as a regional organization is limited in finding mutually acceptable results and implementing regional agreed documents, considering the ASEAN principles of non-interference and consensus decision-making by all ASEAN countries. The fight against cybercrime is also complicated by the high degree of heterogeneity in terms of economic development of ASEAN member states, regional peculiarities of interstate interaction, and the absence of a single regional legal act.
Keywords: ASEAN, harmonization, cybercrime, non-interference, regulatory and legal acts, counteraction, sovereignty, criminal liability.
Article bibliography
1. Honrada G. J. P., Bokeria S. A. Conventions of the “Shanghai Spirit” and the “ASEAN Way” as the Basis for New Regionalism // Bulletin of RUDN. Series: International Relations. – 2023. – Vol. 23, No. 2. – P. 253-264
2. Mahrina, Sasmito J, Zonyfar C. The Electronic and Transactions Law (EIT Law) as the First Cybercrime Law in Indonesia: An Introduction and Its Implementation// Pena Justisia. – 2022. – Vol. 21, No. 2. – P. 345-362
3. Dremlyuga R. I., Rusli M. H. B. M. The fight against cybercrime in Malaysia (criminal and criminological aspects) // Asia-Pacific region: economics, politics, law. – 2017. – No. 2-3. – P. 160-170
4. Khailova M. P., Shestak V. A. Crime Prevention in the Republic of Singapore // Bulletin of Economic Security. – 2022. – No. 6. – P. 244-248
5. Gultom Y. S. M. ASEAN’s preparations and response against hybrid threat in cyberspace // Indonesian Journal of International Relations. – 2024. – Vol. 8, No. 2. – P. 414-432.
6. Sundram P. ASEAN cooperation to combat transnational crime: progress, perils, and prospects // Frontiers in Political Science. – 2024. – Vol. 6. – P. 1-10.
7. Rakhmanova E. N., Pisarevskaya E. A. Combating human trafficking in ASEAN // Bulletin of Tomsk State University. – 2024. – No. 507. – P. 241-247.
CRIMINAL LAW
RODYGIN Roman Alexandrovich
senior lecturer of Criminal law sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
ABOUT THE CRIMINAL LEGAL CHARACTERISTICS OF THE OBJECT OF THE CRIME PROVIDED FOR BY ART. 151.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article analyzes the peculiarities of interpretation of the signs characterizing the object of criminal encroachment provided for in Article 151.2 of the Criminal Code of the Russian Federation “Involvement of a minor in committing acts that pose a danger to the life of a minor.” The author defines the content of the generic, specific, and main direct objects of the specified crime. The two-object nature of the act prohibited by Article 151.2 of the Criminal Code of the Russian Federation, where life acts as an additional direct object, is revealed, as well as an optional direct object. It has been established that a necessary condition for criminal liability is the ability of a minor victim to understand the actual nature of the actions in which he is involved. Based on the provisions of the act of interpretation of the supreme court, the rules for the application of the norm provided for in paragraph «a» of Part 2 of Article 151.2 of the Criminal Code of the Russian Federation are formulated.
Keywords: object of crime, victim, minor, involvement, danger to life, education of minors.
Article bibliographic list
1. Grebenkova L. A. Criminal-legal characteristics of the object of involving a minor in committing actions that pose a danger to his life (Article 151. 2 of the Criminal Code of the Russian Federation) // Law and Politics. – 2018. – No. 2. – P. 27-33.
2. Filippov P. A. Lectures on crimes against the family and minors. – Moscow: Prospekt LLC, 2019. – 296 p.
CRIMINAL LAW
FASSAKHOV Aidar Mullanurovich
lecturer of Tactical-special and fire training sub-faculty, Kazan Law Institute of the MIA of Russia
THE QUALIFICATION OF CRIMES AS A MECHANISM FOR THE IMPLEMENTATION OF CRIMINAL RESPONSIBILITY. PRINCIPLES OF QUALIFICATION
The problem of the correct and accurate classification of crimes remains relevant in the modern legal society. The norms governing the process of criminalization follow not only from the Criminal Code of the Russian Federation, but are also described in international, constitutional, and administrative law. The basis for the correct qualification of a crime is the principles of qualification, which must be taken into account by law enforcement officers. The article discusses the basic principles of crime qualification and their impact on the study of subjective and objective signs of an act. The positions of scientists on the formulation of the concepts of “qualification of crimes”, “principles of qualification of crimes” are studied, as well as generalized concepts of the above terms are proposed. During the writing of the article, the author applied the dialectical method of cognition, analysis and synthesis.
Keywords: the concept of qualification, principles of qualification, criminal law, crime, corpus delicti, subject of crime.
Article bibliographic list
1. Abramova AV The concept of qualification of crimes // Young scientist. – 2022. – No. 51 (446). – Pp. 429-432. – [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98131/ (date of access: 20.01.2025).
2. Abramova AV Types and stages of qualification of crimes // Young scientist. – 2022. – No. 51 (446). – Pp. 426-429. – [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98130/ (date of access: 19.01.2025).
3. Dyakov I. A. The Importance of the Objective Side for the Qualification of Crimes // Young Scientist. – 2021. – No. 46 (388). – P. 158-160. – [Electronic resource]. – Access mode: https://moluch.ru/archive/388/85402/ (date of access: 22.01.2025).
4. Pusurmanov G. V. On the Rules for Qualifying Crimes // Scientific Notes of the V. B. Bobkov St. Petersburg Branch of the Russian Customs Academy. – 2019. – No. 1 (69). – P. 96-99.
5. Shvareva T. V. The Importance of Qualifying Crimes // New Legal Bulletin. – 2019. – No. 1 (8). – P. 55-58. – [Electronic resource]. – Access mode: https://moluch.ru/th/9/archive/113/3836/ (date of access: 21.01.2025).
6. Yaroshchuk M. V. Rules for the qualification of crimes and their implementation in law enforcement practice // Young scientist. – 2019. – No. 22 (260). – P. 390-393. – [Electronic resource]. – Access mode: https://moluch.ru/archive/260/59892/ (date of access: 24.01.2025).
CRIMINAL LAW
ZYRYANOVA Mariya Sergeevna
postgraduate student of Criminal law sub-faculty, St. Petersburg State University of Economics
ANALYSIS OF THE APPLICATION OF THE MATERIAL APPROACH TO THE QUALIFICATION OF FRAUD IN THE SPHERE OF CREDIT IN THE NORTH-WESTERN DISTRICT
The study is devoted to the analysis of judicial practice in cases of fraud in the field of lending (Article 159.1 of the Criminal Code of the Russian Federation) in the North-West Federal District (NWFD) from 2015 to 2024. The author puts forward a hypothesis about a uniform approach to the formation of the practice of the material approach to the qualification of crimes. Cases of application of the formal and material approaches are examined. Based on the analysis of 18 court decisions from 7 subjects of the NWFD, the prevalence of the material approach is confirmed, which requires an assessment of the materiality of the unreliability of information for making a decision on concluding a loan agreement and issuing loan funds. Particular attention is paid to contradictions in judicial practice and cases of reclassification of crimes. The results of the work confirm the need for unification of law enforcement, taking into account the recommendations of the Supreme Court of the Russian Federation, as well as the recommendations of the Author.
Keywords: fraud in the field of lending, material approach, formal approach, judicial practice, Northwestern Federal District.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of November 30, 2017 No. 48 “On judicial practice in cases of fraud, embezzlement and misappropriation” // Reference legal system “Consultant-Plus”. [Electronic resource]. – Access mode: https://consultant.ru/document/cons_doc_LAW_283918/.
2. Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: http://www0.mvd.ru (date of access: 15.06.2024).
3. Verdict of the Moscow District Court of St. Petersburg dated 13.09.2016 No. 1-756/2016 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/OUxQtChTFFT/ (date of access: 01.03.2024).
4. Verdict of the Pskov District Court of the Pskov Region dated 25.04.2022 No. o1-62/20222015 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – https://sudact.ru/regular/doc/OxQtChTFFJT/ (date of access: 01.11.2024).
5. Verdict of the Lomonosov District Court of Arkhangelsk dated 04.12.2023 No. 01-647 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/OUxQChTFFJT/ (date of access: 01.09.2024).
6. Verdict of the Guseevsky Court of the Kaliningrad Region dated 03 October 2018 No. 1-80/2018 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/bDrLfBPCqmr/ (date of access: 18.03.2024).
7. Verdict of the Guards Court of the Kaliningrad Region dated October 4, 2023 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/bDcrLfBPCmr/ (date of access: 23.07.2024).
8. Verdict of the Cherepovets Court of the Vologda Region dated March 3, 2023 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/bcrLfBPCmr/ (date of access:(date of access: 07.07.2024).
9. Verdict of the Vasileostrovsky District Court of St. Petersburg dated 23.10.2018 No. 1-409/18 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/bDrLfBPcCqmr/ (date of access: 18.03.2024).
10. Mkrtchyan S. M. Fraud in the field of lending: issues of the validity of the corpus delicti and criminal-legal incentives for positive post-criminal behavior: specialty 12.00.08 “Criminal law and criminology, criminal-executive law”: abstract of the dissertation for the degree of candidate of legal sciences. – Volgograd, 2017. – 23 p.
11. Verdict of the Leningrad District Court of Kaliningrad, Kaliningrad Region dated March 21, 2007 No. 1-151/2007 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/ (accessed: 01.03.2024).
12. Verdict of the Leningrad District Court of Kaliningrad, Kaliningrad Region dated April 17, 2007 No. 1-188/2007 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/bc9iQpm7SZWx/ (accessed: 01.03.2024).
13. Fedorov D. A. Accounting for the amount of theft in “special” fraud cases (Articles 159.1-159.6 of the Criminal Code of the Russian Federation) // Russian investigator. – 2024. – No. 4. – P. 29-32.
CRIMINAL LAW
NAZHMETDINOV Aidar Rashidovich
adjunct of the 1st course of study, Krasnodar University of the MIA of Russia
CURRENT ISSUES IN THE INVESTIGATION OF CRIMINAL CASES INVOLVING FOREIGN CITIZENS
Investigation of criminal cases involving foreign citizens has a number of legal and procedural features. In the Russian Federation (RF), the commission of criminal acts by foreign citizens is a pressing issue, since there are subjective and objective factors that contribute to the commission of illegal actions by foreign persons. Despite the decrease in the crime rate among foreigners in the territory of the Russian Federation, in the field of investigation of criminal cases involving foreign citizens, problems arise that require special attention, which will prevent violations of the law. The provisions of the Criminal Procedure Code of the Russian Federation regulate certain issues of investigation of criminal cases involving foreign citizens. One of the pressing problems that affects the investigation process as a whole is the lack of knowledge of the language of legal proceedings by a foreign person, since most foreign citizens do not speak Russian at the proper level. However, this is not the main problem; special attention is required by the issue of the lack of a unified methodology for investigating criminal cases involving a foreign person, which creates difficulties for the investigator when conducting an investigation. Special requirements are imposed on the level of professional qualifications of the investigator investigating criminal cases involving foreign persons.
Keywords: foreign persons, criminal cases, detention, translator, investigation, investigator, legal proceedings, international law, investigation, accused, victim.
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).
2. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 28.12.2024) (as amended and supplemented, entered into force on 05.02.2025).
3. Khmelev S. A. Current issues of compliance with the procedural rights of foreign citizens suspected of committing a crime // Young scientist. – 2016. – No. 25 (129), Vol. 1. – P. 34-35.
4. Bachieva A. V. Boziev T. O. Petrakov S. V. Certain issues of organizing and investigating crimes committed by foreign citizens // Journal of Legal and Economic Studies. – 2022. – No. 3 – P. 145-153.
5. Khamitov R. N., Nurkaeva G. L. Features of conducting investigative actions with the participation of foreign citizens // Modern scientific research and innovation. – 2021. – No. 4. – [Electronic resource]. – Access mode: https://web.snauka.ru/issues/2021/04/95247 (date of access: 21.02.2025).
6. Belyaev I. R. Participation of foreign citizens in Russian criminal proceedings // Young scientist. – 2023. – No. 5 (452). – pp. 86-88.
CRIMINAL LAW
NOZDRIN Sergey Alexandrovich
postgraduate student of Criminal law sub-faculty, Volgograd State University
THE PROPERTIES OF THE SUBJECT OF CRIMES PROVIDED FOR IN ARTICLE 312 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article defines the subject of illegal acts in relation to property subject to inventory or arrest or subject to confiscation, ttaking into account the specifics of the properties of the object of these encroachments. It is concluded that the subjects of the crime for in Part 1 of Article 312 of the Criminal Code of the Russian Federation can be attributed only to those persons from among the responsible custodians who were entrusted with the custody or protection of property seized on the basis of Article 115 of the Criminal Procedure Code of the Russian Federation or in accordance with Article 80 of the Federal Law “On Enforcement Proceedings” during execution of judicial enforcement documents. The article notes that, since the objective side of the crime provided for in Part 2 of Article 312 of the Criminal Code of the Russian Federation is always expressed in the form of evasion from the execution of a court verdict on the confiscation of property that has entered into force, criminal liability for illegal acts in relation to property subject to confiscation can only be borne by the person who is responsible for the execution of this judicial act.
Keywords: crime, justice, judicial act, responsible storage, inventory of property, seizure of property, confiscation of property, failure to perform legal duty.
Article bibliographic list
1. Guly A. A. Criminal liability for illegal actions in relation to property subject to inventory or seizure or subject to confiscation: dis. … Cand. of Law. – Moscow, 2007. – 195 p.
2. Druzin AI Criminal-legal support for the implementation of a judicial act: dis. … candidate of legal sciences. – Ulyanovsk, 2001. – 279 p.
3. Kiryanov AA Illegal actions in relation to property subject to inventory or arrest or subject to confiscation (criminal-legal and criminological issues): dis. … candidate of legal sciences. – St. Petersburg, 2023. – 234 p.
4. Lobanova LV Criminal violations of the mandatory nature of a court sentence: textbook. – Volgograd, 2004. – 72 p.
5. Plaksina TA Subject of embezzlement, alienation, concealment or illegal transfer of property subject to inventory or arrest // Criminal law. – 2015. – No. 1. – P. 79-84.
CRIMINAL LAW
CHISTYAKOV Alexey Alexeevich
Ph.D. in Law, professor, professor of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
MADZHUMAEV Murad Mamedovich
Ph.D. in Law, leading researcher, senior lecturer of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
CRIMINAL EXPLOITATION OF THIRD-PARTY FINANCIAL PAYMENT INSTRUMENTS (MONEY MULES)
Holders of financial payment instruments (including bank cards) are required to implement measures to ensure their safe and legitimate use. Transferring these instruments to third parties for use is prohibited. However, there are cases where individuals (money mules) provide third parties with access to their bank cards in exchange for remuneration, which are then used for illegal purposes.
This article addresses the criminal-legal qualification of the transfer and use of payment instruments to third parties. It outlines the main approaches to defining the concept of “money mule”, and differentiates their functional roles (“cashers”, “transitors” and “depositors”) in committing an offense as well as their mental state (conscious and unconscious) in relation to their actions.
The article presents two possible options for criminal-legal assessment of money mules` actions: 1) qualification of their actions under current criminal legislation; 2) the criminalization of the examined act.
The conclusion suggests that it is reasonable to classify the money mule as an accomplice to a crime, qualifying their actions under existing elements of crime.
Keywords: money mule, complicity, accessory, intermediary execution, financial payment instruments, bank card, theft, laundering (legalization) of proceeds of crime.
Bibliographic list of articles
1. Pickles R. Money Mules: Exploited Victims or Collaborators in Organized Crime? // Irish Probation Journal. – 2021. – T. 18. – P. 232.
2. Abdul Rani M. I., Syed Mustapha Nazri S. N. F., Zolkaflil S. A systematic literature review of money mule: Its roles, recruitment and awareness // Journal of Financial Crime. – 2024. – T. 31, No. 2. – P. 347-361.
3. Chan C. C. et al. The Tendency to be a Money Mule: At-Risk Behaviors and the Determinants //European Proceedings of Social and Behavioral Sciences. – 2023. – Vol. 132. – P. 55-69.
4. Esoimeme E. E. Identifying and reducing the money laundering risks posed by individuals who have been unknowingly recruited as money mules // Journal of Money Laundering Control. – 2021. – Vol. 24, No. 1. – P. 9-10.
5. Raza M. S., Zhan Q., Rubab S. The role of money mules in money laundering and financial crimes a discussion through case studies // Journal of Financial Crime. – 2020. – Vol. 27, No. 3. – P. 911-931.
6. Sukhodolov A. P., Bychkova A. M. Digital technologies and drug crime: problems of counteracting the use of the Telegram messenger in drug distribution // All-Russian Criminological Journal. – 2019. – No. 1. – P. 8.
7. Aivazova O. V., Mailyan A. V. On the forensic classification of theft methods committed using electronic means of payment // Bulletin of Tula State University. – 2022. – No. 2. – P. 88.
8. Gumarov I. A., Tyryshkin V. V. Documentation of crimes committed using information and telecommunication technologies // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 4 (53). – P. 30.
9. Kopylov V. V., Prokofiev O. M., Kaloshina Yu. S. Features of committing remote theft of citizens’ funds using the social engineering method // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. – P. 128.
10. Timko S. A., Podshivalov A. P. Regional drug trafficking using the information and telecommunications network “Internet”: role characteristics of its participants // Lex Russica. – 2021. – No. 5 (174). – P. 132.
11. Gaifutdinov R. R. Types of computer fraudsters // VEPS. – 2017. – No. 2. – P. 55.
12. Gazimullin I. Yu. Some organizational and tactical features of counteracting crimes committed using information and telecommunications technologies // Society, Law, Statehood: Retrospective and Prospect. – 2022. – No. 1 (9). – P. 52.
13. Badikov D. A., Eliseeva K. A. Fraud with the use of electronic means of payment: on the issue of criminal-legal characteristics // Scientific Bulletin of the Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2024. – No. 2 (99). – P. 5.
14. Kudryavtsev V. N., Dagel P. S., Zlobin G. A. et al. Grounds for criminal-legal prohibition: criminalization and decriminalization / Responsible. ed. V. N. Kudryavtsev, A. M. Yakovlev]. (Law and Sociology). – M.: Science, 1982. – P.204-207.
15. Complete course of criminal law: Crime and punishment: in 5 volumes. T. 1 / Edited by: Korobeeva A. I. – St. Petersburg: “Legal Center Press”, 2008. – P. 106-107.
CRIMINAL PROCEDURE
GADZHIALIEVA Adelina Teymurkhanovna
lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia
FORCE MAJEURE WHEN DECIDING TO SUSPEND A PRELIMINARY INVESTIGATION
The author of this article analyzes the grounds for suspending a preliminary investigation in the criminal processes in Russia, with the following countries Commonwealth of Independent States. Based on the conducted research, it is proposed to supplement it with provisions providing for the suspension of the preliminary investigation as a result of force majeure, which temporarily prevents further criminal proceedings. Attention is focused on the fact that the concept of “force majeure” requires clear legislative consolidation and detail in order to avoid discrepancies in law enforcement practice. The introduction of such changes will not only allow unifying approaches to suspending the preliminary investigation, but also increase the efficiency of law enforcement agencies, ensuring a more flexible and fair regulation of the criminal process.
Keywords: preliminary investigation, grounds for suspension, force majeure, criminal case, criminal procedure legislation.
Article bibliography
1. Agibalova E. N., Bezverkhova A. O. Evolution of the doctrine of force majeure (vismajor) in the civil law of the Russian Federation // Sustainable development of science and education. 2018. No. 12. P. 149
2. Kochanenko E. P. The procedure for concluding a state (municipal) contract due to force majeure // Legislation and Economics. 2009. No. 7. See also: Belov A. P. Exemption from liability for violation of a foreign trade transaction // Law and Economics. 1999. No. 11. P. 57-64.
3. Korshunova N. P. Force majeure: a new look at an old problem // Journal of Russian Law. 2008. No. 3. P. 81.
CRIMINAL PROCEEDINGS
GADZHIEV Vugar Edvar oglu
Ph.D. in Law, associate professor of Civil, administrative and criminal process sub-faculty, East Siberian branch, V. M. Lebedev Russian State University of Justice, Irkutsk
OPERATIONAL-SEARCH CHARACTERISTICS OF CRIMES RELATED TO VIOLATION OF VETERINARY RULES IN RELATION TO LIVESTOCK
The article reveals the elements of the operational-search characteristics of the criminal act provided for in Part 1 of Article 249 of the Criminal Code of the Russian Federation: the subject of the criminal offense and its consequences; data on typical methods of committing a crime and a cause-and-effect relationship; features of the qualification of the corresponding type of crime, etc. Recommendations are given on the use of information characterizing this crime by employees of operational units in conducting specific operational-search activities (hereinafter referred to as OSI). The issues of qualification of crimes of this category and their distinction from related administrative offenses are touched upon, methods for obtaining the necessary information are proposed, including through the investigative action “Monitoring and recording of conversations” within the framework of interaction between the inquiry body and the investigator, since the implementation of OSI “Wiping telephone conversations” for violation of veterinary rules is prohibited. Using the example of analyzing an ineffective investigation of a criminal case, the author proposes specific investigative-operational measures to solve it.
Keywords: violation of veterinary rules, epizootic, serious consequences, cause-and-effect relationship, livestock, operational-search characteristics of crimes.
Bibliographic list of articles
1. Garmaev Yu. P. Criteria for the effectiveness of methods for investigating corruption crimes // Criminal-legal, criminal-procedural and forensic issues of combating crime: Collection of scientific papers based on the materials of the VI All-Russian scientific and practical conference with international participation, Krasnodar, December 09, 2022. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2023. – P. 265-269.
2. Karkusova A. V., Marzaganova A. M. On the issue of criminal liability for violation of veterinary rules // Collection of conference papers. Materials of the All-Russian scientific and practical conference (in absentia). – 2017. – P. 286-289.
3. Larichev V. D. Operational-search characteristics of economic crimes: concept and content // Operative (detective) – 2007. – No. 2. – P. 17-21.
4. Gadzhiev V. E., Mkrtychyan B. A.Criminal liability for theft of livestock and operational-search support for combating it. – Novosibirsk: Publishing House of NGAU, 2010. – 222 p.
CRIMINAL PROCEEDINGS
GEDUGOSHEV Ratmir Ruslanovich
Ph.D. in pedagogical sciences, senior lecturer of Fire training sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, colonel of police
CHOTANOV Tavbolat Rasulovich
student, listener in the direction 40.04.01 Jurisprudence, Volgograd Academy of the MIA of Russia
ENSURING THE SAFETY OF CRIMINAL PROCEEDINGS: THEORETICAL AND PRACTICAL ASPECTS
The Russian legislator has determined that the purpose of criminal proceedings is to protect the rights and legitimate interests of individuals and organizations that are victims of crimes. Thus, witnesses and victims may be subject to threats or pressure from the accused who committed the crime. Providing protection is the definition of security. This article discusses the definitions of the concept of ensuring the safety of participants in criminal proceedings.
Keywords: Security, legal proceedings, witness, victim, physical protection, criminal proceedings.
Article bibliography
1. Vasilyeva E. G., Yezhova E. V., Shageeva R. M. Issues of criminal proceedings in decisions of the constitutional court of the Russian Federation in 2 parts. Part 2. – M .: Yurait, 2023. – 361 p.
2. Criminal procedural law of the Russian Federation. Interactive workshop / Ed. G. M. Reznik. – M.: Yurait, 2024. – 447 p.
3. Antonovich E. K., Vilkova T. Yu., Volodina L. M., et al. Proof and decision-making in adversarial criminal proceedings: monograph / Ed. L. N. Maslennikov. 2nd ed., revised and enlarged. – M.: NORMA, INFRA-M, 2022. – 448 p.
4. Criminal Procedure Law of the Russian Federation. General Part / Ed. G. M. Reznik. – M.: Yurait, 2023. – 453 p.
5. Pre-trial proceedings in criminal proceedings / Ed. B. B. Bulatov, A. M. Baranov. – M.: Yurait, 2023. – 215 p.
6. “Criminal Procedure Code of the Russian Federation” dated 18.12.2001 No. 174-FZ (as amended on 28.12.2024).
7. Practice of applying the Criminal Procedure Code of the Russian Federation in 2 parts. Part 1 / Ed. by V. M. Lebedev. – M.: Yurait, 2024. – 247 p.
8. Vilkova T. Yu., Markova T. Yu. Criminal Procedure Law of the Russian Federation. Workshop. – M.: Yurayt, 2023. – 630 p.
CRIMINAL PROCEDURE
NOVOKSHONOV Dmitriy Vyacheslavovich
Ph.D. in Law, associate professor, Head of Industry and legal disciplines sub-faculty, Military Order of Zhukov Academy of the National Guard of the Russian Federation, St. Petersburg
SOME PROBLEMS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURE POLICY AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS: INSTRUCTIONS FROM THE INVESTIGATOR TO THE BODY OF INQUIRY AS A FORM OF INTERACTION IN THE INVESTIGATION OF CRIMES
The article discusses current issues of criminal procedure policy at the pre-trial stages of the preliminary investigation. The article examines some problematic issues of the limits of the legal possibilities of the body of inquiry to carry out the instructions of the investigator to the body of inquiry, the interaction of the investigator with the body of inquiry, in the investigation of crimes. The legal mechanism is fixed in the criminal procedure legislation is revealed, its official character is emphasized, the procedural status of such a form as giving instructions to the body of inquiry for carrying out individual investigative and procedural actions, operational investigative measures is indicated. A number of problems in applying this form of interaction have been revealed, and proposals are made to improve criminal procedure legislation, law enforcement practice, and criminal procedure policy.
Keywords: criminal procedure policy, investigative bodies, body of inquiry, interaction, operational investigative measures, assignment, investigative actions, procedural actions.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 20.03.2025). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Novokshonov D. V. Features of criminal liability of military personnel for crimes committed during a special military operation // Military Law. – 2024. – No. 3 (85). – P. 180-183.
3. Mikhailov A. I. Separate assignment of the investigator. – M., 1971. – P. 24-25.
4. Larin A. M. Investigation of a criminal case: procedural functions. – M., 1986. – P. 123.
5. Novokshonov D. V., Petukhov N. A. Criminal procedural law (generale provisions). – Belgorod: Limited Liability Company Epicenter, 2017. – P. 54.
6. Legal and forensic aspects of the investigation of certain types of corruption crimes: a tutorial / Under the general editorship of V. N. Karagodin. – M., 2019. – P. 152-153.
7. Zheleznyakov S. A. Interaction of the investigator and the bodies carrying out operational-search activities in the investigation of corruption-related crimes // Young scientist. – 2022. – No. 42 (437). – P. 100-101.
8. Evstratova Yu. A., Novokshonov D. V., Shaposhnikov A. A. Criminal procedure: Album of schemes. – T. 1.: St. Petersburg Military Order of Zhukov Institute of the National Guard Troops of the Russian Federation, 2020. – P. 35.
9. Novokshonov D. V., Shaposhnikov A. A. Comprehensive practical training in forensics: Textbook. – St. Petersburg Military Order of Zhukov Institute of the National Guard Troops, 2024. – P. 35.
10. Bakhteyev D. V., Drapkin L. Ya. Interaction of investigators with inquiry bodies and other participants in the investigation of crimes // Electronic supplement to the Russian Law Journal. – 2017. – No. 3. – P. 47.
11. Alekseev I. M., Andreeva O. I., Antonov I. A. [et al.]. Criminal procedural law (criminal procedure): a textbook for the implementation of professional educational programs of higher education in the enlarged group of specialties and areas of training 40.00.00 – Jurisprudence. – St. Petersburg: Foundation for Assistance to Science and Education in the Field of Law Enforcement “University”, 2023. – 672 p.
12. Antonov I. A., Salnikov V. P., Vanin D. V. [et al.]. Humanization of criminal procedural relations: pre-trial proceedings in criminal cases. – St. Petersburg Military Institute of the Order of Zhukov of National Guard Troops, 2024. – 275 p.
CRIMINAL PROCEDURE
SABIEV Suliman Shamsudinovich
senior lecturer of Public law and criminal law disciplines sub-faculty, Russian New University
FEATURES OF CRIMINAL PROCEDURAL PROOF IN CASES OF CRIMES IN THE CREDIT AND FINANCIAL SPHERE
The article discusses the features of proof in criminal cases of crimes in the credit and financial sphere. The circumstances are subject to establishment in cases in the credit and financial sphere, which have criminal-legal significance, are revealed. Based on the analysis and investigative and judicial practice, the author offers practical recommendations for their subsequent normative consolidation.
Keywords: crimes in the credit and financial sphere, features of the subject of proof, limits of proof, special knowledge.
Article bibliography
1. Koblikov A. S. Legislation on criminal proceedings and concepts of the theory of evidence as // Actual problems of proof in the Soviet criminal process. Theses of speeches at the theoretical seminar, held by the All-Russian Research Institute of the Ministry of Internal Affairs of the USSR on March 27, 1981. – M., 1981. – P. 13-14.
2. Lubin A. F. Mechanism of criminal activity interdisciplinary scientific category // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2001. – No. 2. – P. 174.
3. Minkovsky G. M. Theory of evidence in Soviet criminal proceedings. USSR Prosecutor’s Office / Ed. N. V. Zhogin. All-Union Institute for the Study of Causes and Development of Crime Prevention Measures. – M., 1966-1967. – Vol. 1. – P. 188.
4. Sabiev S. Sh. Criteria and limits of differentiation of the criminal procedural form in cases of crimes in the credit and financial sphere // Bulletin of Economics, Law and Sociology. – 2024. – No. 2. – P. 135.
5. Truntsevsky Yu. V., Dolganov S. I. Development of Russian criminal legislation on liability for crimes in the sphere of banking activities // Business Security. – 2020. – No. 3. – P. 30.
6. Ulyanova L. T. Subject of proof and evidence in criminal proceedings in Russia. – M., 2008. – P. 48.
7. Foinitsky I. Ya. Course in criminal proceedings. – St. Petersburg, 1996. – Vol. 2. – P. 238.
8. Chinenov E. V., Shchukin V. I. Financial and credit relations as an object of research in the detection and investigation of economic crimes // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (35). – P. 49-50.
9. Yani P. S. Issues of qualification of theft of non-cash funds // Legality. – 2022. – No. 1. – P. 50.
10. Management of public and municipal finances: course of lectures / Ed. by Cand. of Law. Sciences A. A. Tsviliy-Buklanova et al. – M., 2021. – P. 84.
11. Zhilkin M. G., Khimicheva O. V., Russkevich E. A. et al. Counteraction to crimes committed in the sphere of cryptocurrency circulation: textbook. Manual. – M.: INFRA-M, 2022. – P. 19.
12. Panfilov P. O. Criminal-legal protection of cryptocurrency circulation as a conscious necessity in the context of digitalization of economic relations // Development of the doctrine on counteracting the investigation of crimes and measures to overcome it in theconditions of digital transformation: a collection of scientific articles based on the materials of the international scientific and practical conference, May 21, 2021 / Edited by Yu. V. Gavrilin, Yu. V. Shpagina. – M., 2021. – P. 556.
CRIMINAL PROCEEDINGS
KHOLOIMOVA Alexandra Sergeevna
Ph.D. in Law, associate professor, associate professor of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
KUZNETSOVA Olga Alexeevna
Ph.D. in Law, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
VLASENKO Nikolay Alexandrovich
Ph.D. in Law, professor, professor of Theory of state and law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
EVIDENCE AND PROOF IN INDIAN CRIMINAL PROCEDURE
The article summarizes the results of the study of Indian legal acts regulating the rules for the collection and use of evidence in criminal proceedings. The provisions of the new Code of Criminal Procedure and the new version of the Law on Evidence are highlighted. Innovations related to the types of evidence and the rules for their detection, collection and recording are considered. Attention is paid to the issues of the burden of proof, the classification of evidence proposed by the legislator. The procedural features that should be observed in order for the evidence to meet the requirements of the criminal procedure legislation are revealed.
Keywords: evidence, burden of proof, cross-examination, videoconferencing, affidavit, burden of proof, presumption, confession of the accused, primary and secondary evidence, electronic evidence.
Bibliographic list of articles
1. Dhanashree Chowdhury and Mahua Roy Chowdhury. The Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act to be revamped. [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=c84a6d2d-d128-4ad4-b8ef-cac874bbdbd8 (date of access: 12.02.2025).
2. Sri Mude Anil Kumar Naik. Criminal law – practice and procedure. [Electronic resource]. – Access mode: https://cdnbbsr.s3waas.gov.in/s3ec03333cb763facc6ce398ff83845f22/uploads/2024/11/2024112871.pdf (date of access: 12.02.2025).
CRIMINAL PROCEEDINGS
BELOZEROVA Irina Ivanovna
Ph.D. in Law, associate professor of Criminal law criminal process and criminology sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
GULOVA Akjemal
postgraduate student of Criminal law criminal process and criminology sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
ADVOCACY IN GERMAN CRIMINAL PROCEEDINGS
This article is devoted to the role of a lawyer in the criminal proceedings of the Federal Republic of Germany. The laws that define the legal status of the lawyer, as well as his tasks are considered. Due to the fact that nowadays the lawyer’s status in the judicial process has become unusually important, as the participation of the lawyer has become mandatory for the protection of the rights and legitimate interests of citizens. The research is aimed at determining the concept and content of the status of a lawyer in Germany, which is considered as the main element of the criminal procedural law of the continental system.
The analysis carried out and the conclusions formulated make it possible to present in more detail the legal status of a lawyer in Germany, to use the data obtained in the training of law students.
Keywords: lawyer, criminal procedure, criminal procedure code, Federal Republic of Germany.
Bibliographic list of articles
1. Christian Booß: Im goldenen Käfig. Zwischen SED, Staatssicherheit, Justizministerium und Mandant – die DDR-Anwälte im politischen Prozess. Vandenhoeck & Ruprecht. Göttingen, 2017. ISBN 978-3-525-35125-3
2. Deutscher Anwaltverein und Institut für Juristische Weiterbildung an der Fernuniversität in Hagen (Hrsg.): DAV-Anwaltausbildung. Band 2: Die theoretische Ausbildung. Deutscher Anwaltverlag. Bonn, 2005. ISBN 3-8240-0749-5, S. 11 ff. (Kapitel “Der Rechtsanwalt in der Gesellschaft”, “Eine kleine Geschichte der deutschen Anwaltschaft”, “Die Anwaltschaft aus soziologischer Sicht”)
3. Gerhard Hartstang: Der deutsche Rechtsanwalt. Rechtsstellung und Funktion in Vergangenheit und Gegenwart. C. F. Müller. Heidelberg, 1986. ISBN 3-8114-1186-1. (veraltet)
4. Karl Welker (Hrsg.): Vom Ursprung der anwaltlichen Selbstverwaltung. Justus Moser anddie Advokatur. Göttingen, 2007.
CRIMINAL PROCEDURE
MAYKO Darya Petrovna
postgraduate student, Krasnoyarsk State Agrarian University
PROOF BY A LAWYER: INDIRECTLY OR DIRECTLY?
The article is devoted to the evidence provided by a lawyer during the investigation and consideration of criminal cases in the Russian Federation. The subject of the lawyer’s evidence in the domestic criminal process has been determined. The methods of collecting evidence by a lawyer have been studied (Part 3 of Article 86 of the Criminal Procedure Code of the Russian Federation. Various approaches outlined in the legal literature are considered regarding how a lawyer collects evidence – indirectly or directly. Each of the above positions is analyzed. Each concept is critically analyzed. As a result of the analysis, the conclusion was substantiated that the lawyer participates in the proving process both indirectly and directly.
Keywords: advocate, evidence by defense attorney in criminal proceedings, collection of evidence.
Article bibliographic list
1. Aleinikov B. N. Organization of advocacy: a manual. – Penza: Publishing house of PSU, 2017. – 148 p.
2. Kudryavtsev V. L. Constitutional right to receive qualified legal assistance from a defense attorney // Russian Justice. – 2006. – No. 4. – P. 26-27.
3. Lazareva V. A., Ivanov V. V., Utarbaev A. K. Protection of individual rights in criminal proceedings: a tutorial for masters. – Moscow: Yurait, 2015. – 322 p.
4. Maiko D. P. Activities of a lawyer on proving in the court of appeal // Eurasian Advocacy. – 2024. – No. 5 (70). – P. 95-97
5. Ragulin A. V. Professional rights of a defense lawyer in the Russian Federation: issues of theory and practice: specialty 12.00.11. Judicial activity, prosecutorial activity, human rights and law enforcement activity: dissertation for the degree of Doctor of Sciences. – Moscow, 2014. – 462 p.
6. Cheltsov M. A. Tasks of the Soviet defense in the procedural position of the lawyer // Lawyer in the Soviet criminal process. – 1954. – P. 53.
7. Shakhkeldov F. G. Participation of the defense attorney in proving during the preliminary investigation: Abstract of the dissertation for the degree of candidate of legal sciences. – Moscow, 2001. – 21 p.
8. Sheifer S. A. Evidence and proving in criminal cases: problems of theory and legal regulation. – Moscow: Norma, 2010. – 240 p.
CRIMINAL PROCEEDINGS
STULIKOVA Nadezhda Viktorovna
postgraduate student, Samara State University of Economics
THE PRINCIPLE OF INVIOLABILITY OF THE HOME: A BRIEF COMPARATIVE LEGAL AND RETROSPECTIVE ANALYSIS OF THE ESSENTIAL CONTENT
The article analyzes the provisions of the domestic and foreign legislative framework, as well as the legal doctrine on controversial issues of the essential parameters of the principle of inviolability of the home. Its design features are examined in foreign regulatory sources, national features are highlighted through the prism of a retrospective analysis, and general conclusions are presented regarding general and particular features in relation to the national design of the above principle. The theoretical significance of the research results lies in the possibility of their use in the course of further scientific developments on the stated topic.
Keywords: principles of law, criminal procedure law, criminal proceedings, the principle of inviolability of the home, legal principles, legal process.
Article bibliographic list
1. Lang P. P., Korotaeva T. V. Training of specialists in the field of law enforcement: current state and prospects // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 375-376. – DOI 10.46320/2073-4506-2023-1-176-375-376. – EDN NYCTEQ.
2. Lang P. P. Organization of the educational process in the framework of training specialists in the field of law at the present stage // Scientific and methodological electronic journal “Concept”. – 2024. – No. 7. – P. 1-13. – DOI 10.24412/2304-120X-2024-11101. – EDN ESNYXK.
3. Peshkov A. M. Arrest and Search in Criminal Proceedings in the USA. – M.: Spark, 2005. – P. 52.
4. Peshkov M. A. Search without a Warrant in Criminal Proceedings in the USA // Jurist. – 2018. – No. 3. – P. 56-59.
5. Dunaeva M. S. Guarantees of the Inviolability of the Home in Criminal Proceedings: Problems of Domestic Legislation and Foreign Experience // Actual Problems of the Humanities and Natural Sciences. – 2016. – No. 10-2. – P. 59.
6. Butenko O. V. Legal Aspects of Search and Seizure in Foreign Countries // Bulletin of Science and Education. – 2017. – No. 6 (30). – P. 76.
7. Lang P. P. The Right to Judicial Protection as a Constitutionvalue // Questions of Economics and Law. – 2021. – No. 156. – P. 11-15. – DOI 10.14451/2.156.11. – EDN RCKYHY.
8. Lang P. P. Law and Order: Value-Legal Aspect // Russian Justice. – 2022. – No. 10. – P. 9-13. – DOI 10.52433/01316761_2022_10_09. – EDN YVWQHQ.
9. Lang P. P. Functions of Justice: Past and Present // Russian Judge. – 2022. – No. 12. – P. 41-46. – DOI 10.18572/1812-3791-2022-12-41-46. – EDN KKFMER.
CRIMINAL PROCEEDINGS
YUSHINA Yuliya Vladimirovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty, Lugansk branch, Voronezh Institute of the MIA of Russia
KLINCHUK Svetlana Vasiljevna
senior lecturer of Criminal process and criminology sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL MECHANISMS FOR COMPENSATION OF DAMAGE TO VICTIMS: CURRENT CHALLENGES AND PROSPECTS IN THE CONTEXT OF A SPECIAL MILITARY OPERATION
The article discusses issues related to compensation for damage to the victim (civil plaintiff) by a person who committed a crime, but was released from criminal liability and punishment on the prescribed grounds by law, Articles 781 and 802UK. 781, 802 of the Criminal Code of the Russian Federation and Article 282 of the Code of Criminal Procedure of the Russian Federation regarding the establishment of one of the conditions for exemption from criminal liability and punishment of a participant in SMO, compensation for harm or otherwise its amends to the victim (civil plaintiff) by analogy with Articles 75, 76, 761, 762, 78 of the Criminal Code of the Russian Federation.
Keywords: victim, civil plaintiff, soldier, participant in the SMO, release from criminal liability, release from punishment, reparation for harm.
Bibliographic list of articles
1. Federal Law of March 23, 2024 No. 64-FZ “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation”.
2. Institutional Foundations of Criminal Law of the Russian Federation: for the 70th Anniversary of Professor V. P. Konyakhin: Collection of materials from the international scientific and practical conference, Krasnodar, February 1-2, 2024. – Krasnodar: Kuban State University, 2024. – 724 p.
3. Regulation on the procedure for considering petitions for pardon of convicted persons in respect of whom there is a guilty verdict of the court that has entered into legal force, approved by Decree of the President of the Russian Federation No. 787 “On certain issues of the activities of the commission on pardon issues in the territories of the constituent entities of the Russian Federation”.
CRIMINAL PROCEEDINGS
YATSENKO Sergey Igorevich
magister student of Criminalistics sub-faculty, M. V. Lomonosov Moscow State University
DIFFERENCE BETWEEN TACTICS OF JUDICIAL INTERROGATION IN CRIMINAL AND CIVIL PROCEEDINGS
The article is devoted to the consideration of issues related to the existing differences between the tactics of judicial interrogation in criminal and civil proceedings. In the course of the study, special attention is paid to the responsibility for giving false testimony and relevant sanctions. The reasons that induce witnesses to give false testimony are also described. In addition, the article analyses situations when testimony does not correspond to reality due to various objective and subjective reasons. Special emphasis in the article is made on the role of the judge in the interrogation.
Keywords: interrogation, testimony, process, witness, investigation, law, formulation.
Article bibliography
1. Smolina L. A., Sungurova A. S. How interrogation in a criminal case differs from interrogation in civil proceedings and how to prepare for it // Criminal procedure. – 2019. – No. 4. [Electronic resource]. – Access mode: https://e.ugpr.ru.
2. Grigoriev F. G. The problem of anonymous witnesses // Criminal procedure. – 2006. – No. 1. – P. 51-55.
3. Smolina L. A., Sungurova A. S. Interrogation in civil and criminal proceedings // Interrogation in jurisprudence and legal linguistics: a collection of articles based on the materials of the International scientific and practical conference, October 28, 2016 – St. Petersburg, 2017. – T. 1. – P. 225-229.
4. Zhizhina M. V. Fundamentals of forensic tactics of judicial interrogation in civil (arbitration) proceedings: a scientific and practical manual / Under the scientific editorship of Doctor of Law, prof. E. P. Ishchenko. – M.: “Yustitsinform”, 2012.
CRIMINAL-EXECUTIVE LAW
MALOLETKINA Natalya Sergeevna
Ph.D. in Law, associate professor, Head of Administrative and legal disciplines sub-faculty, Samara Law Institute of the FPSof Russia
KHASNUTDINOV Renat Rafailjevich
Ph.D. in Law, associate professor, associate professor of Combating economic crimes sub-faculty, Samara State University of Economics
CURRENT ISSUES OF THE ACTIVITIES OF PUBLIC ORGANIZATIONS IN RELATION TO PENITENTIARY PROBATION
The article discusses the issues of the activities of public organizations involved in the penal system and, in particular, in relation to penitentiary probation. In particular, examples of the work of members of public organizations in correctional institutions are given, it is noted that foundations provide great assistance in the implementation of the Federal Law “On Probation in the Russian Federation” on the territory of our country. The author lists the main regulatory legal acts regulating public relations in the field of penitentiary probation in the Russian Federation, including Federal Law No. 1-FZ of January 8, 1997 “The Penal Enforcement Code of the Russian Federation” and Federal Law No. 76-FZ of June 10, 2008 “On Public Control over the Enforcement of Human Rights human rights in places of forced detention and assistance to persons in places of forced detention”, etc. , the author comes to the conclusion that the charitable foundation activities of public organizations in the field of penitentiary probation provide Thus support to the territorial bodies of the Federal Penitentiary Service of Russia at all stages of the introduction of the probation institute, funds support convicts through social and legal support and through an individual comprehensive training program in preparation for release, assist in finding employment and obtaining basic and additional education.
Keywords: probation, penitentiary probation, public organizations, foundation activities, charity.
Bibliographic list of articles
1. Project “Sober, Healthy, Alive”. [Electronic resource]. – Access mode: https://nezavisimost-fond.ru/?page_id=2010&ysclid=m90615w1ov781238397 (date of access: 02.02.2025).
2. Prisoner Assistance Fund. [Electronic resource]. – Access mode: http://helppris.ru (date of access: 02.02.2025).
CRIMINAL-EXECUTIVE LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
PENITENTIARY CHARACTERISTICS OF CONVICTS SENTENCED TO LIFE IMPRISONMENT AND SOME FEATURES OF THEIR DETENTION
In this manuscript, a number of articles of the Criminal Code of the Russian Federation regulating the issues of serving sentences of convicts in the form of life imprisonment are considered. The article provides information about their rights, as well as the regime of serving their sentences, shows statistics, and outlines the Decree of the President of the Russian Federation regulating their situation. The author touches on the nature of their crimes, cruelty and violence, for which there is no justification. The article also talks about the time of the introduction of the institution of life imprisonment.
Keywords: life imprisonment, atrocities, violence, murders, work while serving sentences, prisoners’ rights, visits to relatives, financial situation, rules of treatment, recidivism, strict and facilitated regime of serving sentences.
Article bibliography
1. Brief characteristics of the penal system // Official website of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: https://fsin.gov.ru/ (date accessed: 17.02.2025).
2. The Criminal Executive Code with amendments and additions of October 1, 2024 – M .: “Omega”, 2024.
3. Decree of the President of the Russian Federation of May 16, 1996 No. 724 “On the gradual reduction of the use of the death penalty in connection with Russia’s entry into the Council of Europe.” [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/9357.
4. On the organization of the execution of punishment in the form of life imprisonment: Letter of the Federal Penitentiary Service of Russia dated June 1, 2015 No. 03-32344. [Electronic resource]. – Access mode: «ConsultantPlus» (date of access: 17.02.2025).
5. Okshin M. S. Factors of aggressiveness of convicts in various conditions of detention in a special regime colony // Bulletin of the Samara Humanitarian Academy. – 2016. – No. 1 (19). – P. 22.
6. Medvedeva A. I., Davletshina A. A. Black dolphin – a special regime correctional colony // Alley of Science. – 2017. – No. 9. – P. 762.
CRIMINAL-EXECUTIVE LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
FUNDAMENTALS OF LEGAL STRATEGY FOR COUNTERING EXTREMISMAND RADICALISM IN RUSSIA’S CORRECTIONAL INSTITUTIONS
In the text of the article, information is stated on the basis of the Presidential Decree issued on December 28, 2024 on the approval of the strategy for countering extremism in Russia. The methods of combating extremist activity in penitentiary institutions are outlined, radicalism and its interactions with other criminal organizations banned in Russia are shown, the role of law enforcement agencies in the fight against this social breakdown is shown. The author suggests tightening criminal penalties and strengthening the fight against this social phenomenon. The article shows the criminal ties of prisoners with representatives of “ISIS” and their encouragement to commit particularly serious crimes in the penitentiary system.
Keywords: places of detention, radicalism, extremism in correctional facilities, public safety, public order, terrorist act, hostage-taking, intensification of struggle, foreign nationals.
Article bibliographic list
1. Decree of the President of the Russian Federation of 28.12.2024 No. 1124 “On approval of the Strategy for countering extremism in the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “Consultant Plus”.
2. Tyutchev F. I. “On censorship in Russia” 1854. On the eve of the Crimean War. – P. 164.
3. Tyutchev F. I. From letters to the magazine “Sovremennik”, 1866-1868.
4. Merkuryev V. V. Coordination of the activities of law enforcement agencies to suppress and prevent extremist activity in correctional institutions of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: http//crimas ru/wr-content/ (date of access: November 28, 2014).
CRIMINALISTICS
GRABOVETS Evgeniy Evgenjevich
senior lecturer of Fundamentals of forensic expertise sub-faculty, Educational and Scientific Complex of Forensic Expertise, Volgograd Academy of the MIA of Russia
GRINCHENKO Sergey Viktorovich
senior lecturer of Fundamentals of forensic expertise sub-faculty, Educational and Scientific Complex of Forensic Expertise, Volgograd Academy of the MIA of Russia
PROBLEMS OF DETECTING AND FIXING SHOE MARKS ON FLEECY SURFACES
Currently, in the forensic units of the Ministry of Internal Affairs of Russia, the study of traceological traces, in particular shoe marks, occupies one of the leading places in terms of volume. Expert practice shows that despite the large volume of footprints formed by the sole of the shoe, the number of identification studies with a positive conclusion is significantly lower. The possibilities of identification studies of shoe marks and the effectiveness of their use in the detection and investigation of crimes largely depend on the methods, methods and techniques of search, detection, fixation and seizure that use during the inspection of the scene, therefore, the issue of using such methods remains relevant, which will contribute to the most complete display of the characteristics of the soles of shoes. The article presents the results of testing the effectiveness of using the “Sledokop” device for fixing and removing shoe marks formed on various surfaces, as well as testing the possibility of using it as a tactical technique for searching for invisible and barely visible shoe marks.
Keywords: tracology, barely visible shoe marks, «Sledokop», identification study.
Article bibliography
1. Belkin R. S. Course in forensic science: in 3 volumes. – Vol. 2. – Moscow, 1997. – 464 p.
2. Dronova O. B., Kotelnikov B. V., Vesyolin V. V., Zakharya I. T. Technical and forensic methods and means of working with footprints: a tutorial. – Volgograd: VA MVD of Russia, 2019. – 52 p.
3. Deryugin R. A., Malykh A. A. Tactical features of detection, recording, seizure and registration of fingerprints and footwear at the crime scene // Police and investigative activities. – 2017. – No. 1. – P. 13-19.
CRIMINALISTICS
DZODZIEVA Dzerassa Sergeevna
expert of the forensic department of the MIA of Russia in the Prigorodny district of North Ossetia-Alania, adjunct of the Krasnodar University of the MIA of Russia, lieutenant of police
FORENSIC EXAMINATION OF SPEECH OBJECTS IN EXTREMISM CASES: METHODOLOGY, PRACTICE AND DEVELOPMENT PROSPECTS
The article considers a comprehensive interdisciplinary approach to forensic examination of speech objects that serve as evidence in extremism cases. Theoretical foundations, including linguistic, psycholinguistic and document analysis, are analyzed, and attention is paid to the use of modern information technologies, including artificial intelligence, to automate the analysis and increase the objectivity of expert opinions. Examples from judicial practice are considered. Development prospects associated with the introduction of machine learning, big data analysis and international cooperation are outlined.
Keywords: forensic examination, speech objects, extremism, interdisciplinary approach, regulatory framework, linguistic analysis, psycholinguistics, document science, artificial intelligence, machine learning, international experience.
Attached bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020) (as amended on 06.10.2022). – [Electronic resource]. – Access mode: http://www.pravo.gov.ru. 06.10.2022 (date of access: 07.02.2025).
2. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 28.12.2024) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/?ysclid=m55b9y5jof170685878 (date of access: 07.02.2025).
3. Law “On Mass Media” (as amended on 23.11.2024) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_1511/?ysclid=m6vws4vju7909723256 (date of access: 02/07/2025).
4. Federal Law No. 114-FZ “On Counteracting Extremist Activity” (as amended on 12/28/2024) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_37867/?ysclid=m6vwta1lmy481976591 (date of access: 02/07/2025).
5. Akinina A. V. Means of individualization that contradict the principles of humanity and morality: paradoxes of perception, commercial potential” // Neofilologiya / Neofilologiya = Neophilology. – 2023. – No. 9 (1). – P. 65-77.
6. Kuznetsov V. O. Updating the Russian legislation on speech offenses and forensic examinations of the humanitarian profile // Jurislinguistics. – 2024. – No. 31 (42). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualizatsiya-rossiyskogo-zakonodatelstva-o-rechevyh-pravonarusheniyah-i-sudebnye-ekspertizy-gumanitarnogo-profilya (date of access: 08.02.2025).
7. Kuznetsov V. O. Methods of forensic linguistic examination // Theory and practice of forensic examination. – 2022. – Vol. 17, No. 4. – P. 6-17.
8. Moiseev A. M., Kondratyuk S. V., Poberezhnaya I. A., Chestnov N. E., Firfilova A. A., Ermolova E. V., Kondratyuk L. S. Documentation examinations in the investigation of manifestations of extremism // Social management. – 2024. – Vol. 6, No. 4. – P. 140-154.
9. Sekerazh T. N. On the Basic Terms of Forensic Psychological Examination of Information Materials // Theory and Practice of Forensic Examination. – 2022. – Vol. 17, No. 3. – P. 40-50.
10. Forensic Linguistic Examination of Dialogic Speech. ResearchGate, 2023. – [Electronic Resource]. – Access mode: https://www.researchgate.net/publication/367861279_Sudebnaa_lingvisticeskaa_ekspertiza_dialogiceskoj_reci_ucebno-metodiceskoe_posobie (access date: 02/08/2025).
CRIMINALISTICS
IVANOVA Elena Sergeevna
Deputy Dean for Educational Work, senior lecturer of Forensic expertise sub-faculty, Faculty of Forensic Expertise and Law in Construction and Transportation, Saint-Petersburg State University of Architecture and Civil Engineering
SAMPLES FOR COMPARATIVE RESEARCH: CONCEPT AND CRITERIONS
The paper presents the Characteristics of samples for comparative research from the position of three leading approaches, identified by the author on the basis of analysis of special legal literature devoted to the problem of research. The key characteristics of samples are defined: form, certainty of origin, receipt by an authorized person, display or possession of certain features or properties, purpose. The conducted research allowed to formulate the author’s definition of the studied category.
Keywords: samples for comparative study; sources of samples; material objects; characteristics of samples for comparative study; direct display.
Article bibliographic list
1. Gavrikov V. A. Obtaining samples for comparative research: Criminal procedural and forensic aspects: dis. … Cand. of Law: 12.00.09. – M., 2004. – 171 p.
2. Dolzhenko N. I. Samples for comparative research and tactics of obtaining experimental samples. – M.: Yurlitinform, 2003. – P. 18.
3. Dyakonova O. G. Samples and tests for comparative research as objects of forensic examination // Bulletin of Tula State University. – 2016. – No. 3-2. – P. 260.
4. Dyakonova O. G. Approaches to the definition and legislative regulation of samples and tests for comparative research // State sovereignty and the rule of law:international and national dimensions: Materials of round tables. – V. 1. – M.: OOO “Prospect”, 2015. – P. 610.
5. Zinin A. M. Participation of a specialist in procedural actions. – M.: Prospect, 2014. – P. 114.
6. Ilyin N. N. Theoretical and practical foundations of investigative identification of a person from video images: monograph. – M.: Yurlit-inform, 2016. – P. 89.
7. Kudryavtseva Yu. A. Obtaining samples for comparative research in criminal proceedings in Russia: procedural nature, procedure, evidentiary value: author’s abstract. dis. … candidate of legal sciences: 12.00.09. – Chelyabinsk, 2013. – P. 9.
8. Latyshov I. V. Conceptual foundations of forensic ballistic diagnostics: author’s abstract. dis. … doctor of law. – Volgograd, 2016. – P. 10.
9. Chabukiani O. A. Obtaining samples for comparative research as a procedural verification action of the investigator // Scientific dialogue. – 2013. – No. 7 (19). – P. 152.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
THE ADVANTAGE OF USING UNMANNED AERIAL SYSTEMS (UAS) IN THE INVESTIGATION OF FOREST FIRES
Forest fires represent one of the most serious environmental threats in the modern world. Every year, they destroy thousands of hectares of forests, leading to huge economic and environmental losses. In recent years, technology has been developing rapidly, and unmanned aerial systems (UAS) are coming to the fore in the fight against forest fires. Currently, the use of unmanned aerial vehicles (UAVs) in the investigation of forest fires is an important and promising area in the field of fire detection and extinguishing. Due to their maneuverability, the ability to operate in conditions of limited visibility and the ability to transmit data in real time, UAVs provide significant advantages over traditional methods of surveying fire areas.
In this article, we will consider the main advantages of using UAS in the investigation of forest fires and their important role in the prevention and rapid elimination of fires in forests.
Keywords: unmanned aircraft systems, UAS, unmanned aerial vehicles, UAVs, forest fires, prevention, investigation of forest fires, use of UAVs.
Bibliographic list of articles
1. Fires and fire safety in 2022: information and analytical. Sat. – Balashikha: FGBU VNIIPO EMERCOM of Russia, 2023. – 80 p.
2. Eritsov A. M., Sekerin I. M., Zalesov S. V. Improving unmanned aerial vehicles for detecting and monitoring forest fires // International Research Journal. – 2024. – No. 5 (143). – [Electronic resource]. – Access mode: https://research-journal.org/archive/5-143-2024-may/10.60797/IRJ.2024.143.15 (date of access: 10.02.2025). – DOI: 10.60797/IRJ.2024.143.15.
3. Litvinov R. V., Galieva L. R. On the possibility of using artillery to extinguish forest fires // Actual problems of safety in the technosphere. – 2024. – No. 2 (14). – P. 65-69. – DOI 10.34987/2712-9233.2024.70.68.013.
4. Ivanov A. V. Forest pyrology: lecture notes / Volga State Technological University. – 2nd ed., revised. and add. – Yoshkar-Ola: Volga State Technological University, 2015.
5. Drones and unmanned aerial vehicles, Moscow 2020. – [Electronic resource]. – Access mode: https://leader-id.storage.yandexcloud.net/event_doc/436213/648af99336c1a573583773.pdf (date of access: 01/15/2025).
6. Shkitronov M. E. Possibilities of monitoring fire hazardous situations using drones and robotics // Bulletin of pedagogical sciences. – 2022. – No. 7. – P. 112-116.
CRIMINALISTICS
KITAEV Nikolay Nikolaevich
Ph.D. in Law, associate professor of Jurisprudence sub-faculty, Irkutsk National Research Technical University, Honored Lawyer of the Russian Federation, Honorary professor, Boris Yeltsin Kyrgyz-Russian Slavic University
KITAEVA Valentina Nikolaevna
Ph.D. in Law, associate professor of Criminalistics, forensic examinations and legal psychology sub-faculty, Baikal State University, Irkutsk
PROBLEMATIC ISSUES OF STORAGE AND RESEARCH OF PHYSICAL EVIDENCE IN CASES SERIAL MURDERS
The article deals with the problems of storage and investigation of physical evidence in ccriminal cases of serial murders. The analysis of law enforcement practice revealed cases when physical evidence stored in the criminal case file was lost, which resulted in the court excluding a number of episodes from the series of murders. Proposals to regulate in the criminal procedural legislation the rules of storage of objects that can receive the status of material evidence are considered. We consider it more correct to regulate in the CPC RF the rules of storage of objects that can be recognized as material evidence, according to the rules of storage of material evidence, which will contribute to their safety.
The reasons for errors of biology experts who examined physical evidence in cases of serial murders are revealed.
Keywords: serial murders, scene examination, physical evidence, loss of physical evidence, reliability of expert opinion.
Bibliographic list of articles
1. Protopopov A.L. Investigation of serial murders. – Saint Petersburg: Publishing House of Saint Petersburg State University, 2006. – 280 p.
2. Asatryan H. A., Vybornykh N. E., Ogorodnikova A. V. Features of the inspection of the crime scene during the investigation of serial murders // Siberian criminal procedure and forensic readings. – 2018. – No. 4. – P. 15-24.
3. Konin V. V., Korsakov K. A., Sidorenko E. V. Procedural registration of evidence as an integral element of proof in criminal proceedings // Siberian criminal procedure and forensic readings. – 2024. – No. 4. – P. 36-43.
4. Monologues. Forensic scientists about their science, designed to adequately counter modern crime / Ed. I. V. Smolkova, V. I. Shikanov. – Irkutsk: IGEA Publishing House, 1999. – 348 p.
5. Kitaev N. N., Negreeva M. B., Shenderov V. A. Identification capabilities of biomechanical examination in forensic science // Bulletin of forensic science. – 2007. – Issue 2 (22). – P. 61-63.
6. Deich M. M. Killer on Wednesdays // Moskovsky Komsomolets. – 2002. – January 25.
7. Sulim S. Deserted place. How maniacs are caught in Russia. – Moscow: Alpina Publisher, 2021. – 264 p.
8. Belyakov A. A., Tsvetkova A. D. Investigative errors in the appointment of forensic examinations // Academic law journal. – 2024. –Vol. 25, No. 1. – Pp. 124-132.
9. Handbook of forensic medicine / Ed. by V. Z. Tomilin and G. A. Pashinyan. – Moscow: Meditsina, 2001. – 576 p.
10. Vodko N. P. Why did they look for Chikatilo for so long… – Moscow: Jurist, 1996. – 80 p.
11. Protasevich A. A., Stepanenko D. A., Shikanov V. I. Blood as a structural element of the trace environment at the crime scene: Essays on the theory and practice of investigative work. – Irkutsk: IGEA, 1998. – 186 p.
12. Kitaev N. N. The Phenomenon of “Paradoxical Identification” and the Problem of Exposing a Criminal // Legality. – 1997. – No. 4. – P. 18-23.
13. Glazunov S. Monster // Soviet Militia. – 1991. – No. 1. – P. 22.
14. Markova T. Girl, Do You Want Me to Show You a Puppy? // East Siberian Truth. – 2021. – June 22.
15. Plekhanov B., Mann A. Call Killer // Medical Newspaper. – 1988. – June 3.
16. Kitaev N. N., Kitaeva V. N. The state of clothing and footwear on a corpse as evidence of sexual motives for murder // Law and Right. – 2022. – No. 8. – P. 165-168.
17. Yarovenko V. V., Kitaev N. N., Ardashev R. G. Fingerprint and dermatoglyphic study of papillary patterns of serial killers. – Ulan-Ude: BSU Publishing House, 2020. – 232 p.
18. Yakovleva S. A. Criminal procedural mechanism for preserving objects and documents that may have or have evidentiary value // Russian investigator. – 2023. – No. 4. – P. 33-38.
19. Golovkin O. E. Storage of material evidence at pre-trial stages of criminal proceedings: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2015. – 20 p.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty, Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor, Criminology sub-faculty, Ryazan branch, V. Ya. Kikot Moscow University the MIA of Russia
FEATURES OF THE TACTICS OF CONFRONTATION DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article examines the specifics of the tactics of preparing and conducting a confrontation during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances committed in a penitentiary institution of the Russian penal system. Specific tactical features and techniques are proposed at the stage of preparation, conduct and consolidation of the confrontation.
Keywords: crime, narcotic drug, confrontation,feature, tactical technique, penitentiary institution.
Article bibliography
1. Investigation of crimes committed in bodies and institutions of the penal system: a practical guide for investigators, law enforcement officers and operational staff of the penal system / Edited by Doctor of Law, Professor, Honored Scientist of the Russian Federation E. P. Ishchenko, Candidate of Law, Associate Professor O. A. Belov. – M.: Yurlitinform, 2013. – 376 p.
CRIMINALISTICS
SOLOVJEV Alexander Alexandrovich
postgraduate student of Criminalistics sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University, senior investigator of the Butyrsky Interdistrict Investigative Division of the SU for the SVAO GSU of the Investigative Committee of Russia for Moscow
FEAR AS AN OBJECT OF CRIMINALISTIC SCIENTIFIC AND SUBJECT-PRACTICAL RESEARCH
Based on an activity-differentiated approach, the article examines the concept of an object of scientific forensic research, an object of forensic scientific and practical research; analyzes the object and subject of criminology as a science that does not coincide in their content due to different goals of scientific and practical activities, as well as different subjects. In this regard, the object of criminology is not two-pronged, but homogeneous and refers to activities for the detection, investigation and prevention of crimes, rather than criminal activities for which a criminologist does not have direct interaction. Based on the general concept, it is concluded that the emotion of fear as an object of scientific forensic research should be considered as information presented in procedural and other forms of consolidating the course and results of special professional legal and expert activities on the reflection of the emotion of fear as a mental phenomenon, an emotional state that occurs in the presence of a threat to life or security (physical or social) of the subject and accompanied by biochemical and mental activation of the organism, the main motivation for changing his activities up to the degree of subordination through defensive or attacking actions.
Keywords: emotion of fear, object of criminalistics, object of criminalistic research, criminalistic psychology.
Bibliographic list of articles
1. Bertovsky L.V., Obraztsov V.A. Concept, object and subject of criminology // Gaps in Russian legislation. – 2016. – No. 4. – P. 228-233.
2. The Large Academic Dictionary of the Russian Language / Ed. by L. I. Balakhonov. – M.: Nauka; St. Petersburg: Nauka, 2007. – T. 7. – 727 p.
3. Girenok F. I., Ilyin V. V. History and Philosophy of Science: textbook. – M.: Prospect, 2021. – 336 p.
4. Forensic Science: textbook for bachelors / Ed. by L. V. Bertovsky. – M.: RG-Press, 2023. – 1024 p.
5. Matuzov N. I., Malko A. V. Theory of State and Law: textbook. – M., 2020. – 528 p.
6. Ponkin I.V. Object and subject of scientific or applied analytical research // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (51). – pp. 65-69.
7. Selivanov N. A., Tanasevich V. G., Eisman A. A., Yakubovich N. A. Soviet criminology. Theoretical problems. – M.: Legal. lit., 1978. – 192 p.
8. Eisman A. A. Soviet criminology. Theoretical problems. – M., 1978. – P. 6.
CRIMINALISTICS
TEKUEVA Yuliya Alimovna
lecturer of Organization of law enforcement activities sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia
FEATURES OF FORENSIC PREVENTION OF CRIMES COMMITTED BY MINORS
The article presents an overview of one of the types of prevention of crimes committed by minors. Prevention of crimes committed by minors is of great importance, as it is one of the indicators of the crime situation in the country. Many specialists study the issues of prevention of crimes committed by minors, but the issues of forensic prevention of crime among minors cause controversy in scientific circles. Particular attention is paid to the issues of studying the powers of the investigator as a subject implementing forensic prevention of crimes committed by minors. Preventive work of the investigator is a complex process that requires a high level of professional training from the investigator. In addition, forensic prevention is implemented by investigators in two stages: determining the conditions and reasons that contributed to the commission of criminal acts; measures aimed at eliminating certain conditions and reasons. Individual investigative measures have their own characteristics, which determine the procedure for conducting forensic prevention of crime among minors. A list of measures has been defined that will improve the effectiveness of forensic prevention of crimes committed by minors. Investigation of criminal cases involving minors requires investigators to have special training in conducting investigative and operational-search activities related to the participation of minors.
Keywords: forensic prevention, minors, criminal liability, punishment, police, investigator, investigative measures, crime situation, operational-search activity.
Article bibliography
1. Lukyanova A. V. Current state of juvenile delinquency // Young scientist. – 2023. – No. 41 (488). – P. 201-203.
2. Mosendz D. A. Forensic characteristics of juvenile delinquency // Young scientist. – 2023. – No. 33 (480). – P. 41-44.
3. Investigation and prevention of crimes committed by minors or against minors: materials of the All-Russian scientific and practical Conference (Novosibirsk, December 20, 2023). – M .: Moscow Academy of the Investigative Committee named after A. Ya. Sukharev, 2024. – 176 p.
4. Rudoe M. V., Sorokun N. S. Criminological features of juvenile delinquency in Russia and certain subjects of the Southern Federal District for the period from 2019 to 2023 // Philosophy of Law: scientific and theoretical journal. Rostov-on-Don. – 2024. – No. 3 (PO). – P. 172-179.
5. Shikhova E. V. Methodology for investigating crimes committed by minors // Young scientist. – 2022. – No. 44 (439). – pp. 224-226.
CRIMINOLOGY
NECHEVIN Ivan Dmitrievich
lecturer, College of Police, Moscow
PREVENTION OF DRUG CRIME AMONG ADOLESCENTS AS AN OBJECT OF CRIMINOLOGICAL RESEARCH
The article examines the system of measures for the prevention and prevention of juvenile crimes: subjects, tasks, functions, the main measures of prevention and prevention, namely: political, economic, legal, technical, victimological, psychological and pedagogical, organizational.
Keywords: prevention, prevention, suppression, crimes, subjects of prevention and prevention, a system of social prevention measures.
Article bibliography
1. Constitution of the Russian Federation of 12.12.1993 (with amendments approved during the all-Russian vote on July 1, 2020, taking into account the amendments introduced by the Law of the Russian Federation on amendments to the Constitution of the Russian Federation of July 27, 2006 No. 149-FZ).
2. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Delinquency of Minors”.
3. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on March 25, 2022).
4. Zvirbul V.K., Kuznetsova N.F., Minkovsky G.M. Criminology: Textbook. – M., 2009.
5. Federal State Statistics Service.
6. [Electronic resource]. – Access mode: http://мвд.рф/reports/item/23163626
7. Luneev V. V. Criminological, victimological and penitentiary problems of minors // Bulletin of the Institute: Crime, Punishment, Correction. – 2009. – No. 8. – P. 4-9.
8. Dyabina L. V. Psychological mechanism of involving minors in illegal drug use // Modern law. – 2009. – No. 4. – P. 115-118.
9. Pruss M. S., Kelyin L. L., Muchnik Yu. L., Volodin V. M. How to get rid of drug addiction: Say goodbye to drugs. – St. Petersburg: Neva; Moscow: Olma-Press Exlibris, 2002. – 160 p.
10. Sysoeva Ya. A., Demyanova L. M. On the state and measures of drug addiction prevention // International student scientific bulletin. – 2015. – No. 2. – P. 84-85.
11. Vrublevsky A. G. Drug addiction and toxicomania: general ideas // Lectures on narcology / Ed. N. N. Ivanets. – M.: Knowledge, 2000. – P. 223-227.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, docent, associate professor of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
INFLUENCE OF THE SOCIAL ENVIRONMENT ON THE PROCESS OF DRUGISATION OF SOCIETY (ON THE EXAMPLE OF KRASNOYARSK KRAI)
Based on the data obtained from the results of a survey of the population in 2024 in Krasnoyarsk Krai, conducted in the course of the annual monitoring of the drug situation, some features of the modern social environment that has a direct impact on the decision to use drugs for non-medical purposes are identified. Special attention is paid to the reasons whyyoung people make such a decision. The influence of bloggers on the deformation of consciousness is considered. The data on the prevailing motives of drug use are also presented. The conclusions on the directions of increasing the effectiveness of preventive anti-drug activities are formulated.
Keywords: monitoring of the drug situation, drugisation of the population, drug use for non-medical purposes, social environment, anti-drug prevention.
Article bibliography
1. Voronin M. Yu. On the content and essence of the concept of “drug addiction of the population” // Scientific portal of the Ministry of Internal Affairs of Russia. – 2008. – No. 4. – P. 115-119.
2. The state of the drug situation in the Krasnoyarsk Territory based on the results of sociological research in the format of annual monitoring in 2023 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. N., Stupina S. A., Dolgushina L. V. Research report. – Ministry of Internal Affairs of the Russian Federation, 2023.
3. Halpern D. Psychology of critical thinking. – 4th international. edition. – St. Petersburg: Publishing house “Piter”, 2000. – 512 p.
4. Aristova I. S., Shchipanova D. E. Study of critical thinking in students // Modern challenges and ways to solve problems in the field of protecting children’s rights: implementation of the principles of the Convention on the Rights of the Child: collection of materials of the II All-Russian scientific and practical conference, November 17, 2022. – Yekaterinburg: Russian State Professional Pedagogical University, 2022. – P. 93-97.
LAW ENFORCEMENT AGENCIES
SYSOEVA Ekaterina Vladimirovna
student of Higher School of Jurisprudence and Forensic Technical Expertise, Humanities Institute, Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurjevich
Ph.D. in Law, professor of Higher School of Jurisprudence and Forensic Technical Expertise, Humanities Institute, Peter the Great St. Petersburg Polytechnic University
PERSONALITY CHARACTERISTICS OF WOMEN, THEIR INFLUENCE ON THE INDIVIDUALIZATION OF THE EXECUTION OF PUNISHMENT IN PLACES OF DEPRIVATION OF LIBERTY
The article examines the criminological personality traits of women sentenced to imprisonment, which affect the individualization of the execution of punishment. In the course of the research, attention was paid to such characteristics as: age, family, recidivism, the nature of the crime committed, education and mental state of women. The authors found that in individualizing the execution of punishment, educational and psychological assistance, encouragement measures, and penalties play an important role, which may affect the behavior of the disappointing person in the future. The research was conducted using statistical data published on the official websites of government authorities, as well as information contained in scientific papers of scientists. The authors concluded that the identified characteristics should be taken into account in the process of studying individual characteristics, since in the future it will be possible to predict or argue the behavior of a woman, the reasons for the committed act, etc.
Keywords: personality characteristics; penitentiary science; convicted women; socio-psychological factors; personality portrait.
Article bibliography
1. Lombroso C. Woman, criminal or prostitute. – M.: Azbuka, 2022. – P. 267.
2. Punishment and correction of criminals. Ministry of Internal Affairs of the Russian Federation / Ed. Yu. M. Antonyan. – M., 1992. – P. 392.
3. Santashov A. L., Skakov A. B. The idea of a progressive system of execution of criminal punishments and its development in domestic penitentiary science // Penitentiary science. – 2020. – No. 14 (2). -P. 179.
4. Tishchenko Yu. Yu., Samoilova A. A. Features of the application of criminal executive measures to women sentenced to imprisonment // Law and Management. – 2023. – No. 2. – P. 290.
5. Yanchuk I. A. Personality characteristics of women sentenced to imprisonment and their influence on the individualization of the execution of punishment // Penitentiary science. – 2018. – No. 44. – P. 62.
LAW ENFORCEMENT AUTHORITIES
BOKOV Vladimir Valerjevich
Head of the cycle, lecturer of the cycle of professional service and physical training, Ufa School for the Training of Dog Handlers of the MIA of Russia
CHENCHIKOVSKIY Alexander Dmitrievich
senior lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
SHATAGIN Anton Nikolaevich
lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
PSYCHOPHYSIOLOGICAL ASPECTS OF PROFESSIONALLY APPLIED PHYSICAL TRAINING OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS
The article is devoted to the psychophysiological aspects of professionally applied physical training of employees of the Ministry of Internal Affairs (MIA). In conditions of increased complexity and stress faced by law enforcement officers, high demands on the physical and psychological readiness of employees become especially relevant. The work examines a comprehensive approach to physical fitness, emphasizing the importance of developing specific motor skills, stress tolerance skills, and emotional stability. The physiological and psychological aspects of training are discussed, as well as the importance of an individual approach in the training process. The article focuses on the need to integrate modern scientific research in the field of psychology and physiology into the system of training Interior Ministry employees to improve work efficiency and ensure safety.
Keywords: psychophysiology, physical fitness, employees of the Ministry of Internal Affairs, stress tolerance, professional and applied training, motor skills, emotional stability, individual approach, work efficiency, safety.
Article bibliography
1. Grigoriev A. S. Psychological training of police officers for action in stressful situations. – Moscow: Publishing house “Legal Literature”, 2021. – 280 p.
2. Kuznetsov V. R. Modern methods of physical training of the Ministry of Internal Affairs employees: theory and practice. – St. Petersburg: Publishing house “Law and Security”, 2022. – 320 p.
3. Alekseev I. M. Physical training in the system of professional training of law enforcement agencies. – Kazan: Publishing House “Science”, 2021. – 240 p.
4. Soloviev Yu. V. Methods of increasing stress resistance in police officers. – Yekaterinburg: Publishing House “Gumanitarian Studies”, 2022. – 198 p.
5. Fedorov A. I. Psychophysiological aspects of training the Ministry of Internal Affairs employees for official activities. – Novosibirsk: Publishing House “National Law”, 2023. – 316 p.
6. Romanov D. V. Psychology of stress in the official activities of police officers. – Vladimirov: Publishing House “Practical Psychology”, 2022. – 150 p.
7. Andreev N. S. Clinical and psychological aspects of the work of the Ministry of Internal Affairs employees: a modern view. – Rostov-on-Don: Rostov University Publishing House, 2021. – 192 p.
LAW ENFORCEMENT AGENCIES
GABDRASHITOVA Karina Irekovna
lecturer of Physical training sub-faculty, Ufa Law Institute of the MIA of Russia
FILIMONOV Valeriy Afanasjevich
associate professor of Fire and physical training organization sub-faculty, Academy of Management of the MIA of Russia
BOBROVSKIY Andrey Vladislavovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty, Omsk Academy of the MIA of Russia
KORELIN Mikhail Nikolaevich
lecturer of Physical training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
PLANNING THE PROCESS OF PHYSICAL TRAINING CLASSES IN EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
In the process of developing and improving the physical training of law enforcement officers, it is necessary to identify the current level of proficiency in motor actions and plan a methodology for mastering and practicing combat techniques, specifying goals and objectives, taking into account individual characteristics and practical activities, using the skills of service-applied sports competitions. Planning the educational process for physical training is necessary in order to correctly distribute the set of physical exercises that will be applied at a certain stage of the educational process, the types and forms of classes, and also take into account all pedagogical principles when drawing up a summary plan for each lesson. In the process of mastering and improving physical qualities and combat techniques of wrestling, the result of high-quality speed and power-oriented actions is important.
Keywords: strength training, strength endurance, physical qualities, planning, training load, training volume, training intensity, strategy, optimization.
Article bibliography
1. Babin A. V., Mingulov I. R. Features of the formation of strength abilities in employees of the Ministry of Internal Affairs of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, June 23, 2022. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 30-33.
2. Babin A. V., Yachmenev S. P., Lukyanov A. B. [et al.] Actual problems of physical education and sports in Russia // Actual problems of physical culture, sports and tourism: materials of the XVII International scientific and practical conference, May 25-26, 2023. – Ufa: Federal State Budgetary Educational Institution of Higher Education “Ufa University of Science and Technology”, 2023. – P. 66-70.
3. Gabdrashitova K. I., Yakushev E. V., Ivaschenko N. Yu. Fundamentals of physical training in educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 7 (182). – pp. 446-448.
LAW ENFORCEMENT AUTHORITIES
GAZIZOV Aidar Fanilovich
lecturer of Special training sub-faculty, Ufa Law Institute of the MIA of Russia
MHERYAN David Mgerovich
senior lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
NABIEV Valeriy Valerjevich
senior lecturer of Administrative activities of the internal affairs bodies sub-faculty, Voronezh Institute of the MIA of Russia
FORMATION OF MOTIVATION FOR PHYSICAL TRAINING AMONG EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS: IMPACT ON PROFESSIONAL ACTIVITY
The article is devoted to the problem of motivation formation for physical training among employees of the Ministry of Internal Affairs (MIA) and its impact on professional activity. It examined the key factors contributing to increased motivation, including internal and external aspects, as well as the individual characteristics of employees. Methods and organizational strategies aimed at creating a positive culture where physical fitness is considered a necessary part of professional activity are discussed. The article highlights the importance of a variety of training programs, the introduction of reward systems and recognition of achievements, as well as the impact of high physical fitness on the quality of performance of official duties and overall job satisfaction. In conclusion, attention is focused on the need for an integrated approach to employee motivation development, which in turn contributes to improving their efficiency and well-being.
Keywords: motivation, physical fitness, employees of the Ministry of Internal Affairs, professional activity, stress tolerance, organizational culture, individual characteristics, training programs, achievements, quality of work.
Article bibliography
1. Sharafutdinov R. M. Psychological aspects of motivation of police officers. – Kazan: “Science and education”, 2021. – 180 p.
2. Kozlov A. G. Physical readiness of police officers: meaning and methods of formation. – Moscow: “Legal literature”, 2022. – 250 p.
3. Simonov V. I. Theory and practice of physical training in law enforcement agencies. – St. Petersburg: “Law and Security”, 2021. – 300 p.
4. Melnikov Yu. V. Motivation for sports among employees of federal services: experience and practice. – Samara: “Humanitarian Studies”, 2022. – 215 p.
5. Fedorov A. I. Psychophysiological aspects of training employees of the Ministry of Internal Affairs for official activities. – Novosibirsk: “National Law”, 2023. – 316 p.
6. Ilyina N. A. The role of team competitions in increasing the motivation of employees of the MVD. – Novosibirsk: “National Law”, 2021. – 190 p.
7. Orlov O. S. Organizational measures to improve the physical fitness of law enforcement officers. – Rostov-on-Don: “Rostov University”, 2023. – 220 p.
LAW ENFORCEMENT AUTHORITIES
DRUZHININ Alexey Yurjevich
Deputy Head of the Department for the Organization of security, escort and detention of suspects, accused and Persons under Administrative arrest of the Department for the Organization of Public Order Protection of the Main Directorate of the MIA of Russia in the Volgograd Region
TRUDOV Ivan Yurjevich
senior lecturer of Administrative activities and public order protection sub-faculty, Volgograd Academy of the MIA of Russia
THE USE OF MECHANISMS OF INFLUENCE ON THE EMOTIONAL AND VOLITIONAL SPHERE IN THE ACTIVITIES OF SPECIAL POLICE OFFICERS
Personality psychology is the most important element that determines the effectiveness of various types of activities. In the work of law enforcement officers, a significant part of which takes place in constant interaction with people who often have diametrically opposed psychotypes, understanding and the ability to use mechanisms of influence on a person is a vital prerequisite. Moreover, the reality in which police officers have to work, and the perception of their activities by representatives of other social and professional groups, are extremely heterogeneous. On the one hand, they represent him as a representative of repressive authorities, on the other – as an absolutely open agency for criticism. The article is a kind of «clue for the consciousness of the head, an employee of special police institutions, explaining and «justifying» their existence.
Keywords: special police institutions, special agent, suppression of will, control, protection, escorting.
Article bibliography
1. Usikova S. S. Psychological stability of employees of the escort department [Electronic resource] // NovaInfo. – 2023. – No. 137. – P. 159-160
2. Koldybaev D. T. Concept, causes and consequences of professional deformation of the personality of an employee of the internal affairs bodies // Bulletin of KASU. – 2010. – No. 4. – P. 86-95.
3. Kopylova N.V., Petrov N.N. Psychological reliability in the specifics of the work of security guard service // Bulletin of TeSU. – 2017. – No. 4. – P. 12-16.
LAW ENFORCEMENT AUTHORITIES
KOVGAN Ekaterina Yurjevna
lecturer of Administrative law sub-faculty, Rostov Law Institute of the MIA of Russia, cap-tain of police
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, major of police
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia, major of police
PODKOVKA Svetlana Valerjevna
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
CURRENT ISSUES OF INTERACTION BETWEEN STAFF OF THE PPS AND MINORS
This article analyzes the problems of training officers of the patrol and post police Service (PPSP) in working with juvenile offenders and suggests ways to solve them. The analysis of studies devoted to the problem of the interaction of CPP staff with minors allows the authors to identify a number of components that influence the effectiveness of such in-teraction: a communicative component, a behavioral component, a cognitive component, an organizational component
The authors point out the need to improve the programs of professional retraining and advanced training of staff of vocational training centers, with an emphasis on practical skills of working with this category of persons. The article proposes a set of measures, including strengthening interdepartmental cooperation, updating curriculum using innovative teaching methods (case method, interactive classes, etc.), as well as optimizing the pro-fessional development system. The article highlights the importance of an integrated ap-proach in ensuring the safety and well-being of minors by improving the efficiency of the PSP staff.
Keywords: teaching staff, minors, interaction with police, law enforcement, crime prevention, professional training.
Article bibliography
1. Vlasov K. A., Belikov A. P. Certain problems of organizing the activities of internal affairs bodies in working with minors // Society and Law. – 2021. – No. 4 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otdelnye-problemy-organizatsii-deyatelnosti-organov-vnutrennih-del-po-rabote-s-nesovershennoletnimi (date of access: 27.02.2025).
2. Dorofeeva Yu. A. Actual issues of contact interaction of police officers with minors with deviant behavior // Applied Psychology and Pedagogy. – 2018. – No. 2. – P. 56-66 (date of access: 27.02.2025).
3. Nikitskaya E. A. System of training police officers for preventive work with minors with deviant behavior // Bulletin of Economic Security. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sistema-podgotovki-sotrudnikov-politsii-k-profilakticheskoy-rabote-s-nesovershennoletnimi-deviantnogo-povedeniya-1 (date of access: 02/27/2025).
4. Soshin A. A., Yakimova E. M. Features of the prevention and suppression of illegal acts committed by minors by patrol police units // Baikal Research Journal. – 2020. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-preduprezhdeniya-i-presecheniya-naryadami-patrulno-postovoy-sluzhby-politsii-protivopravnyh-deyaniy-sovershaemyh (date of access: 02/27/2025).
5. Troyan E. I., Silkin N. N. Training of patrol police officers in the use of physical force based on the situational method // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (88). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obuchenie-sotrudnikov-patrulno-postovoy-sluzhby-politsii-primeneniyu-fizicheskoy-sily-na-osnove-ispolzovaniya-situatsionnogo-metoda (date of access: 27.02.2025).
LAW ENFORCEMENT AGENCIES
KUZMICHEV Yuriy Vladimirovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
SITALIEV Biizhan Zhambrybaevich
lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
KARPOV Alexander Alexandrovich
senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
TACTICAL GAMES AS A METHOD OF TRAINING LAW ENFORCEMENT OFFICERS
The article discusses the use of tactical games as an effective method of training law enforcement officers. The importance of this approach in the formation of professional skills, stress tolerance and teamwork is emphasized. The advantages of tactical games are analyzed, such as the development of interaction between units, increased emergency preparedness and the formation of leadership qualities. The importance of adapting scenarios to specific tasks and qualified guidance in the learning process is noted. As a result, tactical games are becoming an important tool for improving the effectiveness of law enforcement officers’ training to meet the challenges of modern reality.
Keywords: tactical games, law enforcement, professional skills, stress tolerance, teamwork, employee training, effective methods.
Article bibliography
1. Fedorov I. A. The effectiveness of using tactical games in training employees of the Ministry of Internal Affairs. – Moscow: Publishing House “Legal Literature”, 2022.
2. Semenov P. V. Tactical games: a new word in training law enforcement agencies. – St. Petersburg: Publishing House “Law and Security”, 2023.
3. Baranov D. S. Innovative methods of training police officers: from theory to practice. – Krasnodar: Scientific World Publishing House, 2022.
4. Alekseeva N. P. Critical Thinking in the Work of Law Enforcement Agencies: Use of Gaming Methods. – Kazan: National Law Publishing House, 2023.
5. Kuznetsov V. R. Training Police Officers under Stress: Tactical Games as a Method. – Yekaterinburg: Rosman Publishing House, 2022.
6. Konovalov A. I. Scenario Training: Experience of Foreign Law Enforcement Agencies. – Moscow: Legal Infrastructure Publishing House, 2023.
7. Grigoriev O. N. Modern Methods of Police Training: From Theory to Practice. – Vladivostok: Humanitarian Research Publishing House, 2022.
LAW ENFORCEMENT AUTHORITIES
KUSTOVA Nadezhda Konstantinovna
Ph.D. in Law, senior lecturer of Tactical-special and firearms training sub-faculty, Kazan Law Institute of the MIA of Russia
PERSONAL INVESTIGATION TACTICS IN POLICE ACTIVITIES
This article examines various methods and techniques of using personal investigation in the police’s activities to protect public order and ensure public safety. The author concludes that personal investigation tactics are one of the most common methods of law enforcement used by police officers and are important for preventing and solving crimes and searching for escapedcriminals. The tactics and organization of personal investigation are determined by the characteristics of the crime being solved or prevented, as well as the personal abilities of the police officer.
Keywords: personal investigation, operational investigative activity, police, law enforcement, crime, tactics.
Article bibliography
1. Saranchin D. V. Issues of using personal investigation and questioning of citizens in police activities // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (9). – P. 65-68.
LAW ENFORCEMENT AGENCIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
OGORODNIKOV Maxim Anatoljevich
Ph.D. in biological sciences, associate professor of Internal affairs in special conditions sub-faculty, Omsk Academy of the MIA of Russia
MESHKOV Ivan Nikolaevich
lecturer of Operational investigative activities sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
TOPICAL ISSUES OF USING UNMANNED AERIAL VEHICLES IN LAW ENFORCEMENT
The article considers the types of unmanned technical devices that can be used in practical activities, and also discloses the definition of the concept of “unmanned vehicle”. Much attention is paid to the issue of the legislative approach to sanctioning, qualification of possible incidents associated with the use of unmanned aerial vehicles (hereinafter – UAV). Also, attention was not paid to issues related to the commission of aviation accidents, due to the fault of the operator, which entailed consequences of a property or personal non-property nature, or without the fault of the operator, but due to the fault of the manufacturer of the technical device.
Keywords: unmanned aerial vehicle, technical device, airspace, aviation incident, police, operator, quadcopter, flight controller.
Article bibliography
1. Ogorodnikov M.A., Chichin S.V. Features of training external pilots of unmanned aerial vehicles of the copter type of internal affairs agencies // Priority areas for improving the quality of training of military specialists: Proceedings of the XII All-Russian scientific and methodological conference, Omsk, November 15, 2024. – Omsk: Omsk Armored Engineering Institute, 2024. – P. 85-91. – EDN WUGUQL.
2. Petrov P. S. Ensuring the rights and freedoms of man and citizen in the activities of law enforcement agencies when introducing special regimes // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen (dedicated to the adoption of the Universal Declaration of Human Rights): collection of materials of the International conference, Ufa, December 7, 2023. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 97-101. – EDN LYXAML.
3. Petrov P. S., Kashirsky D. Yu., Gorelov S. A. Tactical features of the actions of police officers in special conditions // Eurasian Law Journal. – 2024. – No. 8 (195). – P. 449-450. – EDN QYAJYE.
LAW ENFORCEMENT AUTHORITIES
REMIZOVA Leila Sarvarovna
Ph.D. in law, associate professor of Management and organization of the ATC activities sub-faculty, Academy of the FPS of Russia
PROBLEMS ARISING IN THE COURSE OF MANAGEMENT ACTIVITIES (ON THE EXAMPLE OF REGIONAL DIVISIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA)
This article examines the main management problems in the territorial bodies of the Federal Penitentiary Service of Russia, analyzes their causes and suggests possible ways to improve the situation. Particular attention is paid to issues of the management system, subjects and management decisions, which is an important condition for the successful implementation of the tasks set. The authors make proposals for improving the strategy aimed at increasing the efficiency of the Federal Penitentiary Service, and provide statistical data.
Keywords: management decision, management system, management entity, territorial body, management, order.
Bibliographic list of articles
1. Smykovsky V. V., Migursky A. A., Remizova L. S. Problems of organizing planning in territorial bodies of the Federal Penitentiary Service // The criminal-executive system at the present stage and the prospects for its development: collection of the International scientific-practical conference, 2020. – Vol. 6. – Pp. 261-268.
2. Ovodkova L. S. Prosecutor’s supervision as a means of ensuring the rights and legitimate interests of convicts // Bulletin of the criminal-executive system. – 2017. – No. 9 (184). – Pp. 22-25.
LAW ENFORCEMENT AGENCIES
SERKEROV Samur Elmirovich
Ph.D. in Law, Head of Legal disciplines and teaching methods sub-faculty, Faculty of Management and rights, 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, Faculty of Management and rights, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
MEDZHIDOV Chamkur Medzhidovich
postgraduate student of Legal disciplines and teaching methods sub-faculty, Faculty of Management and rights, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE LAW ENFORCEMENT SYSTEM IN THE CONTEXT OF THE TRANSFORMATION OF THE POLITICAL AND LEGAL ORGANIZATION OF THE MODERN STATE ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN
The law enforcement system plays a key role in ensuring law and order in society, especially in the context of modern transformations of the political and legal organization of the state. The Republic of Dagestan, as one of the multinational and multicultural regions of Russia, is an interesting example in studying the dynamics of the modern law enforcement system.
Keywords: law enforcement agencies, political and legal system, corruption.
Article bibliography
1. Abdulatipov R. G. Dagestan: Constitution, politics, federalism. – M.: Republic, 2002. – 735 p.
2. Gadzhiev G. A. Constitutional principles of organization of state power in the Republic of Dagestan // Journal of constitutional justice. – 2010. – No. 6. – P. 1-7.
3. Ibragimov M. M., Magomedov A. M. Law enforcement agencies of the Republic of Dagestan: history and modernity. – Makhachkala: Jurist, 2015. – 240 p.
4. Constitution of the Republic of Dagestan: adopted by the Constitutional Assembly on July 10, 2003. – Makhachkala: Dagestan Book Publishing House, 2003. – 96 p.
5. Magomedov A.K. Transformation of the political system of Dagestan: problems and prospects // Power. – 2018. – No. 4. – P. 100-105.
6. Osmanov M.D. Problems of functioning of the law enforcement system in the region // Legal Bulletin of the Dagestan State University. – 2017. – No. 4. – P. 56-61.
SAFETY AND LAW
AKHTAMYANOV Ruslan Rinatovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KONOVALENKO, Yuriy Gennadjevich
Deputy Head of Physical training sub-faculty, Omsk Academy of the MIA of Russia
BEREZOVIKOV Evgeny Vladimirovich
lecturer of Physical training sub-faculty, Barnaul Law Institute of the MIA of Russia
MODERN APPROACHES TO SHOOTING TRAINING
In this article, we will analyze the advantages of introducing modern technologies in the process of learning how to shoot with military weapons. We will also discuss possible difficulties and limitations that may arise when using these technologies, as well as the prospects that may open up for further development in this area. Ultimately, the purpose of our research is to demonstrate how modern technological advances can enhance the effectiveness of combat weapons training and contribute to improving the safety of all participants in this process.
Keywords: virtual reality (VR), shooting, employees, shooters, fire training, new technologies, Interior Ministry.
Article bibliography
1. Panarina S. Yu. Application of modern technologies in training in shooting with combat weapons. – Text: direct // Young scientist. – 2024. – No. 16 (515). – P. 425. [Electronic resource]. – Access mode: https://moluch.ru/archive/515/113177/ (date accessed: 10.02.2025).
2. Yusupova O. A., Afanasyev A. V. Psychological and tactical features of fire training of police officers // Scientific component. – 2019. – No. 2 (2). – P. 121.
3. Svetlichny E. G. Efficiency of using interactive teaching methods to improve firearms skills // Pedagogy and Modernity. – 2015. – No. 2 (16). – P. 36.
SAFETY AND LAW
DOTTUEV Tengiz Idrisovich
senior lecturer of Internal affairs in special conditions sub-faculty, North Caucasian Institute of Advanced Training (branch), Krasnodar University of the MIA of Russia, Nalchik, major of police
INTRODUCING TRADITIONAL VALUES AS A MEANS OF COUNTERING THE INFLUENCE OF EXTREMIST ORGANIZATIONS AMONG YOUNG PEOPLE
The article examines the formation of a world view among young people based on the principles of morality, ethics and morality, the formation of such an attitude through familiarization with spiritual values and its positioning as a counterweight to the ideology of various extremist organizations and movements. The ways and speed of information dissemination in the modern world pose a threat to socially vulnerable categories of the population, one of which is young people. Lacking sufficient critical thinking skills, effective mechanisms for filtering information, taking everything “on faith” and being largely susceptible to collective behaviorral tendencies, young people are relatively easily lured into the ranks of extremist communities, whose representatives skillfully manipulate the news agenda, presenting it in the right light and achieving the realization of their own interests. For the system of traditional values, social attitudes and established social regulators, extremist ideas have only consequences destructive, and their bearers, in the overwhelming majority of cases, hide purely utilitarian goals behind criticism of the existing situation. Young people are considered solely as a means to achieve them, an audience whose mood can be considered as a resource and instrument of influence. In order to protect the younger generation from the fate of being involved in illegal and antisocial activities, a comprehensive educational process is needed with an emphasis on ethical principles and instilling the ability to question numerous information occasions.
Keywords: spiritual and moral values, extremism, prevention of extremism, anti-extremist impact, educational process, critical thinking.
Article bibliography
1. Dadova Z. I. Traditional education as a measure of preventing extremism and terrorism // Social and political sciences. – 2018. – No. 3. – P. 211-213.
2. Vyazov A. A., Frolenkov V. N. On youth extremism in the modern Russian Federation // Education. Science. Scientific personnel. – 2023. – No. 4. – P. 86-88.
3. Akimova G. V. On the issue of modern trends in youth extremism in Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – P. 23-29.
SECURITY AND LAW
KISLITSYNA Nataliya Feliksovna
Ph.D. in Law, associate professor of Customs affairs sub-faculty, Institute of Economics, Management and Finance, Russian New University
IMPLEMENTING THE PRINCIPLE OF SECURITY IN TRANSPORT BY EXAMPLE OF THE EUROPEAN UNION
The article is devoted to a relevant topic, since transport has been considered a source of increased danger throughout its entire existence. In this regard, participants in the transportation process, as well as developers of the international legal framework in the transport sector, are required to focus maximum attention on ensuring safety in transport. The article focuses on the need to regulate this issue at all existing levels (universal, regional and national). Moreover, the activities of the Member States of the European Union on this issue are analyzed in order to illustrate specific approaches taking into account the characteristics of the region. The article emphasizes the need to make a decision, in the event of such a situation, solely based on the existing norms and principles of international law. First of all, it is necessary to understand that the emerging relations, in order to be implemented, must be regulated by modern legal means and methods. It is necessary to constantly observe the so-called “progressive development of international law”. In turn, this term requires constant monitoring of the compliance of the existing regulatory framework with those relations that already exist and have arisen.
Keywords: European Union, technical safety, social safety, source of increased danger, principles, transport.
Article bibliography
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4. Kapustin A. Ya. General characteristics of the basic principles of the constitutional system of the European Union // Jurisprudence. – SPb.: Publishing house of St. Petersburg. University, 2000. – № 1. – P. 217-236.
5. Kolosov Yu. M. The role of international law in our lives (on the publication of the brochure of G. I. Morozov on international law) // Moscow journal. – 1997. – № 2. – P. 164-166.
6. Lukashuk I. I. The role of principles in the mechanism of international legal regulation of socialist economic integration // Principles of socialist economic integration. – M.: Publishing house of the Institute of Law and Political Science of the USSR Academy of Sciences, 1985. – Part 1. – P. 28-53.
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SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KUROPTEV Vadim Andreevich
Head of the Department – Head of Flights of the Department of Application and Operation of Robotic Complexes and Unmanned Aircraft of the Center for Information Technology, Communications and Information Protection of the MIA of the Republic of Karelia
BELEVSKIY Roman Alexandrovich
Ph.D. in Law, senior lecturer of Information technology in the activities of law enforcement agencies sub-faculty, V. V. Lukyanov Oryol Law Institute of the MIA of Russia
SOME ISSUES OF COUNTERING UNMANNED AIRCRAFT AND AIRCRAFT BY LAW ENFORCEMENT OFFICERS
In the context of modern security challenges, the task of developing and improving tactical approaches to neutralize threats posed by unmanned aircraft is becoming relevant. This issue requires complex interaction between various structures, including internal affairs bodies, to effectively counter threats using unmanned aircraft. In this article,the authors conduct a comprehensive analysis of the prospects for the development of counteraction to unmanned aircraft in order to ensure law and order in the country. A comparative analysis of unmanned aircraft and unmanned aircraft is presented. The technical features of the use of unmanned aircraft, advantages and some difficulties in the implementation of this type in the activities of internal affairs bodies are indicated.
Keywords: unmanned aircraft, police officers, air security, threat, counteraction to unmanned aircraft.
Article bibliography
1. Kovalev D. V., Kuzmichev Yu. V. Issues of the use of unmanned aerial vehicles by the police // Law and Right. – 2023. – No. 6. – P. 73-77. – DOI 10.56539/20733313_2023_6_73. – EDN FWDRNB.
2. On the Police: Federal Law of 07.02.2011 No. 3-FZ (as amended on 08.08.2024) // Reference and Legal System “ConsultantPlus” (date of access: 25.01.2025).
3. Ogorodnikov M.A., Chichin S.V. Features of training external pilots of unmanned aerial vehicles of the copter type of internal affairs bodies // Priority areas for improving the quality of training of military specialists: Materials of the XII All-Russian Scientific and Methodological Conference, Omsk, November 15, 2024. – Omsk: Omsk Armored Engineering Institute, 2024. – P. 85-91. – EDN WUGUQL.
SECURITY AND LAW
GUBACHEVA Nataliya Shamilevna
student, Ufa State Petroleum Technological University
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of Industrial safety and labor protection sub-faculty, Ufa State Petroleum Technological University
SHVIND Darya Pavlovna
student, Ufa State Petroleum Technological University
MIKHEEVA Anastasiya Dmitrievna
student, Ufa State Petroleum Technological University
TRENDS IN THE DEVELOPMENT OF LABOR LEGISLATION ON LABOR PROTECTION
This article considers the issue of the development of labor legislation on labor protection. Particular attention is paid to the delegation of responsibility for the safe work of employees to the employer. Positive and negative aspects of the employer’s independent choice of the methodology for assessing professional risks are discussed. The rights and obligations of the employer within the framework of the delegation of powers to him on labor protection are described.
Keywords: occupational safety, security, occupational safety management system, labor legislation, professional risk assessment.
Article bibliography
1. Bakhonina E. I., Nasibullina V. A. Review of changes in the legislation establishing requirements for the assessment of professional risks at the enterprise // Safety of man-made and natural systems. – 2022. – No. 2. – P. 31-25.
2. Garipov R. F., Sharafutdinova G. M., Barakhnina V. B. Risk analysis based on the results of the safety culture assessment // Occupational safety in industry. – 2019. – No. 9. – P. 82-88.
3. Gubaydullina A. R., Fedosov A. V., Abdrakhmanova E. N., Shaibakov R. A. Analysis of the main factors of the efficiency of the integrated industrial safety and labor protection management system in the oil and gas industry // Electronic scientific journal Oil and Gas Business. – 2019. – No. 4. – P. 71-92.
4. Fedosov A. V., Abdrakhmanov N. Kh., Badrtdinova I. I. [et al.] Risk management to ensure life safety // Life safety. – 2021. – No. 10 (250). – P. 28-35.
5. Fedosov A. V., Tazhetdinova A. A., Nasibullina V. A., Konstantinova O. V. Analysis of the requirements of the legislation of the Russian Federation in the field of labor protection training // Eurasian Law Journal. – 2023. – No. 4 (179). – P. 395-396.
6. Fedosov A. V., Tazhetdinova A. A., Tazhetdinova A. A., Ganiev A. M. Problems of labor protection legislation and ways to solve them // Eurasian Law Journal. – 2023. – No. 9 (184). – pp. 241-242.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System “Research Institute of the Federal Penitentiary Service of the Russian Federation”
FEATURES OF THE CORRECTIONAL PROCESS FOR JUVENILE OFFENDERS SENTENCED TO IMPRISONMENT
The article discusses the specifics of the process of correcting minors sentenced to imprisonment. The main aspects of the process of reintegration of adolescents into society after serving their sentences, including psychological, social and educational support, are considered. The article analyzes the legal and pedagogical aspects, methods and principles of correction, as well as factors influencing the successful resocialization of adolescents. The article emphasizes the need for an integrated approach to resocialization, taking into account the individual characteristics of each teenager and aimed at restoring their social ties and professional orientation. Special attention is paid to educational and psychological programs, family work and preparation for life after liberation.
Keywords: correction, juvenile offenders, resocialization, education, penitentiary system.
Article bibliography
1. Kraeva N. V., Zorina N. S. Rational ways of correction of juvenile convicts // Eurasian Law Journal. – 2024. – No. 8 (195). – P. 469-470.
2. Bryukhnov A. A. The rights of minors sentenced to imprisonment and their implementation: dis. … candidate of legal sciences: 12.00.08. – M., 2006. – 186 p.
3. Paizulaeva B. A. Resocialization of juvenile convicts in penitentiary institutions: dis. … candidate of ped. sciences: 13.00.01. – Makhachkala, 2010. – 200 p.
4. Fedotova E. N. Malicious evasion of juvenile convicts from serving criminal sentences in the form of compulsory work, correctional labor and restriction of freedom: dis. … candidate of legal sciences: 12.00.08. – M., 2008. – 180 p.
5. Shapar M.A. Experience of foreign countries in the resocialization of juvenile convicts // Law and Right. – 2017. – No. 5. – P. 76-80.
EDAGOGY AND LAW
KUROCHKIN Alexander Sergeevich
senior lecturer of Tactical and special training sub-faculty, Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
MILYUTIN Roman Viktorovich
lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia
MUSTAKIMOV Ruslan Maratovich
senior lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
IVANOV Sergey Ivanovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
FEATURES OF THE METHODOLOGY OF TEACHING LEGAL DISCIPLINES: AN INTEGRATIVE APPROACH TO THE FORMATION OF PROFESSIONAL COMPETENCIES
This article is devoted to the analysis of the specifics of the methodology of teaching legal disciplines in the context of the formation of professional competencies of future lawyers. The article examines the specifics of legal knowledge, the requirements for the competencies of graduates of law schools, as well as effective teaching methods and technologies that promote the development of analytical, critical and law enforcement thinking. The authors note the effectiveness of introducing gamification into the educational process, which makes it possible to improve the process of monitoring students’ academic performance. Special attention is paid to an integrative approach that includes interdisciplinary connections, the use of active, interactive teaching methods and the development of key competencies. The authors conclude that only such an approach will make it possible to prepare graduates who are able to work effectively in the modern legal system and solve complex legal problems.
Keywords: methods of teaching law, legal education, professional competencies, active teaching methods, integrative approach, problem-based learning, case study, modeling.
Article bibliography
1. Osmanov M. M. Business game as a method of legal education // Problems of modern pedagogical education. 2020. No. 66-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/delovaya-igra-kak-metod-pravovogo-obucheniya (date of access: 19.02.2025).
2. Osmanov M. M. Features of the methodology of teaching legal disciplines at the present stage // Problems of modern pedagogical education. 2020. No. 66-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-metodiki-prepodavaniya-yuridicheskih-distsiplin-na-sovremennom-etape (date of access: 19.02.2025).
3. Sergeychev D. A. Modern methods of teaching legal disciplines // Digital science. 2021. No. 6-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-metody-prepodavaniya-yuridicheskih-distsiplin-1 (date of access: 27.02.2025).
4. Tarasenko O. A. Modern methods of teaching legal disciplines // Actual problems of Russian law. 2016. No. 9 (70). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-metody-prepodavaniya-yuridicheskih-distsiplin (date of access: 19.02.2025).
5. Tsiruleva L. D., Shcherbakova N. E. Gamification in training: essence, contentmaintenance, ways of implementing technology // PenzSU Bulletin. 2023. No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obuchenii-suschnost-soderzhanie-puti-realizatsii-tehnologii (date of access: 19.02.2025).
PEDAGOGY AND LAW
MELNIKOV Anton Sergeevich
senior lecturer of Physical training sub-faculty, Vladimir Law Institute of the FPS of Russia
SADKOV Alexey Viktorovich
Deputy Head of Physical training sub-faculty, Vologda Institute of Law and Economics of the FPS of Russia
KISLYKH Evgeniy Alexandrovich
senior lecturer of Fire and physical training sub-faculty, Perm Institute of the FPS of Russia
KRAPIVIN Oleg Vladimirovich
associate professor Physical training and sports sub-faculty, Academy of the FPS of Russia
ON THE ISSUE OF TEACHING BASIC PRINCIPLES OF MEDIATION (USING THE EXAMPLE OF THE VLADIMIR LAW INSTITUTE OF THE FPS OF RUSSIA)
In modern society, conflicts are an integral part of interpersonal and group interactions. The specifics of the use of mediation technologies for conflict resolution are becoming increasingly relevant in the context of the growing complexity of social interaction and cultural diversity. This paper examines the main aspects of the meditative process among cadets, including the stages of mediation, the role of the mediator, as well as tools and methods used in the dispute resolution process. Special attention is paid to the psycho-emotional state of the conflict participants, which makes it possible to effectively manage tension and contribute to finding mutually acceptable solutions.
Keywords: cadet, mediation, principles, mediation technologies, conflict resolution.
Article bibliography
1. Gurko T. A. Formation of the institution of mediation in Russia: laws, theories, practice // Sociological science and social practice. – 2016. – Vol. 4, No. 2. – P. 40-61.
2. Official website of the Vladimir regional association of mediators / Main page. [Electronic resource]. – Access mode: https://www.mediator33.ru/ (date of access: 02/20/2025).
3. Bessemer H. Mediation. Mediation in conflicts / Translated from German. – Kaluga: Spiritual knowledge, 2004. – 176 p.
4. Merimanov Zh. Principles of mediation // Conflictology. – 2013. – No. 1. – P. 141-150.
5. Pinkevich A. G., Sunami A. N. Applied technologies of pedagogical conflictology: peer mediation // Conflictology. – 2013. – No. 1. – P. 176-190.
PEDAGOGY AND LAW
NUKHOVA Zaira Kazanapovna
Ph.D. in historical sciences, associate professor of Social sciences and law sub-faculty, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
BAGIROVA Zagidat Kurbanmagomedovna
Ph.D. in pedagogical sciences, associate professor of Social sciences and law sub-faculty, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
PROBLEMS OF THE METHODOLOGY OF TEACHING LAW IN THE SCHOOL COURSE OF SOCIAL STUDIES
The article is devoted to the analysis of the problems of the methodology of teaching law in the school course of social studies. The article focuses on the need to use modern pedagogical technologies, such as game techniques and case study methods, which contribute to the active involvement of students in the study of legal norms and their application. Case methods, in turn, provide an opportunity to analyze real legal situations, which contribute to an in-depth understanding of the subject and the formation of an active civic position.
Keywords: social studies, law, teaching methods, case methods.
Article bibliography
1. Voskanova E. M. Case method in history and social science lessons as a way of implementing an activity-based approach in teaching schoolchildren // Bulletin of science and education. – 2019. – No. 19-1 (73).
2. Gadzhieva P. D. Methodology for using the case method in teaching social science // MNKO. – 2017. – No. 2 (63).
3. Grishina T. A. Case study method as a modern teaching technology in the course of humanitarian subjects of the school curriculum // Science and school. – 2018. – No. 3.
4. Kurmashev A. R. Methodology of teaching legal issues in the school course of social science // Scientific and methodological electronic journal “Kaliningrad Bulletin of Education”. – 2024. – No. 1 (21) / April. – P. 63-70.
PEDAGOGY AND LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, 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 Penitentiary Service”
INNOVATIVE METHODS OF RESOCIALIZATION OF JUVENILE CONVICTS
The re-socialization of juvenile convicts is one of the key tasks of the penitentiary justice system and social policy. With an increasing number of offenses among young people, as well as an increase in the number of minors in educational colonies, the urgency of developing innovative methods of resocialization is becoming more and more obvious. Special attention is paid to restorative justice, family therapy, and post-release support. These methods contribute to the formation of responsibility, empathy, and skills necessary for independent living, which ultimately reduces the rate of repeat juvenile delinquency. This article is devoted to the analysis of modern approaches to the rehabilitation of juvenile convicts, including new technologies and techniques aimed at improving their integration into society after release.
Keywords: penal enforcement system, juvenile convicts, educational colonies, penitentiary system, Federal Penitentiary Service of Russia, innovations, correction, re-socialization.
Bibliographic list of articles
1. Vilkova A. V., Kovtunenko L. V. Innovative forms and methods of resocialization of juvenile convicts // Trends in the development of modern pedagogical science: materials of the VIII All-Russian scientific and practical conference of postgraduate students, applicants, doctoral students, scientific supervisors, young scientists specializing in the field of education, St. Petersburg, June 10, 2020. – St. Petersburg: St. Petersburg Academy of Postgraduate Pedagogical Education, 2020. – P. 245-248.
2. Bovin B. G. Psychocorrection of aggressive behavior of adolescents in correctional colonies // Models and technologies for providing psychological assistance to children and adolescents in extreme situations: Collective monograph / Under the general editorship of A. V. Kokurin, V. I. Ekimova, E. A. Orlova. – Perm: IP Sigitov T. M., 2018. – P. 84-96.
3. Morozova L. A. Innovations in the legal life of Russia // State and Law. – 2013. – No. 5. – P. 40-46.
4. Zorina N. S., Tsarkova E. G. Features of psychological correction of the personality of juvenile convicts // Eurasian Law Journal. – 2024. – No. 11 (198). – P. 494-495.
PEDAGOGY AND LAW
KHOROLSKIY Vladimir Vitaljevich
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Tactical and special training sub-faculty, Rostov Law Institute of the MIA of Russia
KHALILULLIN Fanil Fargatovich
Ph.D. in psychological sciences, associate professor, associate professor of Physical training sub-faculty, Kazan Law Institute of the MIA of Russia
MUSTAKIMOV Ruslan Maratovich
senior lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia, lieutenant colonel police
PAVLOV Igor Mikhaylovich
senior lecturer of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
PSYCHOLOGICAL AND PEDAGOGICAL FEATURES OF TRAINING POLICE OFFICERS ON DUTY FOR PROFESSIONAL ACTIVITY
This article is devoted to the analysis of the psychological and pedagogical features of the training of police officers on duty for professional activity. The authors consider the specific requirements for the professional skills of employees on duty due to a high degree of responsibility, multitasking, constant exposure to stressors and the need for prompt decision-making in conditions of uncertainty. The study focuses on the key psychological qualities necessary for successful work in the duty station, such as high stress tolerance, developed communication skills, the ability to make quick and accurate decisions, as well as empathy and emotional control. Based on the analysis of scientific literature and practical experience, the article proposes a methodological approach to optimizing the educational process aimed at the formation and development of these professional qualities. The proposed approach includes the use of stress-resistance training, the development of case-based decision-making skills and situational tasks, as well as the integration of modern technologies into the learning process and the provision of psychological support for employees. The authors address issues of professional burnout andmaintaining the psychological well-being of employees on duty. The results of the study can be used to improve the training system for law enforcement officers.
Keywords: police on duty, professional training, psychological stability, stress tolerance, communication skills.
Article bibliography
1. Ismagilova A. R. Some problematic aspects in the activities of duty units of internal affairs bodies // Agrarian and land law. – 2022. – No. 6 (210). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemnye-momenty-v-deyatelnosti-dezhurnyh-chastey-organov-vnutrennih-del (date of access: 10.03.2025).
2. Kazachenok V. Organizational aspects influencing the efficiency of duty units of territorial bodies of the Ministry of Internal Affairs of Russia // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – P. 144-150. [Electronic resource]. – Access mode: https://doi.org/10.37973/KUI.2022.88.13.022 (date of access: 10.03.2025).
3. Kuznetsov D. V., Aigozina A. M. Organization of activities of duty units of the Ministry of Internal Affairs of Russia: openness to citizens or security? // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (42). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-deyatelnosti-dezhurnyh-chastey-mvd-rossii-otkrytost-dlya-grazhdan-ili-zaschischennost (date of access: 10.03.2025).
4. Nosova D. Kh., Amirova L. A., Khatuaev M. O. Psychological and pedagogical aspects of the development of police officers’ readiness for professional activity // Psychology and pedagogy of service activity. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologo-pedagogicheskie-aspekty-razvitiya-gotovnosti-sotrudnikov-politsii-k-professionalnoy-deyatelnosti (date of access: 10.03.2025).
5. Khozaev P. B. On the issue of the activities of duty units of the Internal Affairs Directorate as the main element of operational management in the system of the Ministry of Internal Affairs of Russia // Gaps in Russian legislation. – 2016. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-deyatelnosti-dezhurnyh-chastey-ovd-kak-osnovnogo-elementa-operativnogo-upravleniya-v-sisteme-mvd-rossii (date of access: 10.03.2025).
PEDAGOGY AND LAW
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police, Simferopol
LAPSHIN Igor Efimovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Theoretical foundations of physical education sub-faculty, Academy of Physical Culture and Sports, Southern Federal University, Rostov-on-Don
FEATURES OF THE DEVELOPMENT OF PROFESSIONAL COMPETENCIES OF POLICE OFFICERS IN THE APE SYSTEM
This article examines the role of increasing qualifications in the development of professional competencies of police officers. The authors study the methods of professional development of employees of the Ministry of Internal Affairs of Russia, focusing on the effectiveness of coaching, trainings, group games and the development of emotional intelligence. The authors identify the main directions of development of the modern system of advanced training of police officers: the need to focus on changing conditions of service; the importance of taking into account the internal motivation of police officers, their professional experience, and specific specialization; using a comprehensive approach in the professional development process. The article analyzes both group (discussions, role-playing games, analysis of specific situations) and individual (consultations, conversations) forms of education within the framework of the system of additional professional education. In conclusion, the authors note that vocational training provides continuous professional development and adaptation of employees to the changing requirements of law enforcement activities.
Keywords: professional development, professional training, police officers, professional competence, additional professional training.
Article bibliography
1. Animokov I.K. Pedagogical conditions for the development of professional success of police officers in the process of advanced training // Scientific support for the system of advanced training of personnel. – 2022. – No. 2 (51). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskie-usloviya-razvitiya-professionalnoy-uspeshnosti-sotrudnikov-politsii-v-protsesse-povysheniya-kvalifikatsii (date of access: 03.02.2025).
2. Brazhenskaya N. E., Osmanov M. M. Using training to develop the personal effectiveness of police officers in the process ofqualification improvement // Problems of modern pedagogical education. – 2021. – No. 70-1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-treninga-dlya-razvitiya-lichnoy-effektivnosti-sotrudnikov-politsii-v-protsesse-povysheniya-kvalifikatsii (date of access: 02/16/2025).
3. Gorbachev V. V. Additional professional education in the form of advanced training as the most important condition for professional development of employees of internal affairs bodies // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (40). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dopolnitelnoe-professionalnoe-obrazovanie-v-forme-povysheniya-kvalifikatsii-kak-vazhneyshee-uslovie-professionalnogo (date of access: 16.02.2025).
4. Kodzov T. N. On some conditions of professional success of employees of internal affairs bodies // Legal science and practice. – 2025. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-usloviyah-professionalnoy-uspeshnosti-sotrudnikov-organov-vnutrennih-del (date of access: 03.02.2025).
5. Fedolov B. A., Morozov V. A., Levchenko A. A. Directions for improving the management of the process of advanced training of police officers // Psychopedagogy in law enforcement agencies. – 2018. – No. 3 (74). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/napravleniya-sovershenstvovaniya-upravleniya-protsessom-povysheniya-kvalifikatsii-sotrudnikov-politsii (date of access: 03.02.2025).
PSYCHOLOGY AND LAW
ROMANOVSKAYA Irina Viktorovna
Ph.D. in Law, associate professor of Criminal process law sub-faculty, Crimean branch, Russian State University of Justice, Simferopol
PSYCHOLOGICAL FEATURES OF THE PROSECUTOR’S PROFESSIONAL ACTIVITY
The article examines the multifaceted activities of the prosecutor in the framework of criminal proceedings, reveals its psychological features. Special attention is paid to situations where there are contradictions between the prosecutor and the defense related to the defendant’s denial of guilt. The author draws attention to the significant qualities that a prosecutor must possess for the successful implementation of the principles of the criminal process, such as integrity, honesty, erudition, attentiveness, justice, morality, sociability.
Keywords: cognitive, constructive, communicative activity, organizational skills, criminal proceedings, prosecutor.
Bibliographic list of articles
1. Koni A. F. Moral principles in criminal proceedings (General features of judicial ethics). Reproduced from the publication: A. F. Koni. Selected works. Moscow: Gosyurizdat, 1956.
2. Yenikeev M. I. Legal psychology. With the basics of general and social psychology: Textbook for universities. Moscow: Norma, 2005. 640 p.: ill.
PSYCHOLOGY AND LAW
TAYSAEVA Svetlana Borisovna
Ph.D. in psychological sciences, associate professor of Political analysis and socio-psychological processes sub-faculty, G. V. Plekhanov Russian University of Economics
KRAVCHENKO Veronika Alexeevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
CHIRKUNOVA Olga Igorevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
THE INFLUENCE OF PERSONAL MATURITY OF EMPLOYEES ON THE LEVEL OF INTRA-ORGANIZATIONAL TRUST IN A MODERN ORGANIZATION
The article analyzes the importance of intra-organizational trust, as well as examines various aspects of personal maturity. An analysis of the results of methods that diagnose the level of trust and personal maturity showed a predominance of the average level of manifestation of the studied phenomena and a moderate positive statistical relationship between them. The results of the study highlight the need for further analysis to build trust and improve the organizational atmosphere. It is concluded that in a team with mature personnel, there are certain problems in the area of intra-organizational trust, which can negatively affect the overall atmosphere and work efficiency.
Keywords: maturity, personal maturity, intra-organizational trust, labor relations.
Article bibliography
1. Dermanova I. B., Manukyan V. L. Personal maturity: towards defining psychological content // Bulletin of St. Petersburg University. Sociology. – 2010. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lichnostnaya-zrelost-k-opredeleniyu-psihologicheskogo-soderzhaniya (date of access: 05.12.2024).
2. Kalachikova E. A. Features of psychological health and personal maturity in students with different educational orientations: master’s thesis in the field of training: 37.04.01 – Psychology. – Tomsk: [b.i.], 2020. [Electronic resource]. – Access mode: https://vital.lib.tsu.ru/vital/access/manager/Repository/vital:11655 (date of access: 05.12.2024).
3. Pesha A. V. Atmosphere of trust as a component of corporate culture and its influence on organizational effectiveness // Bulletin of Eurasian Science. – 2020. – No. 2 (39). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/atmosfera-doveriya-kak-sostavlyayuschaya-korporativnoy-kultury-i-ee-vliyanie-na-organizatsionnuyu-effektivnost (date of access: 23.12.2024).
4. Smeyan T. S. On the issue of self-actualization of the individual // Science and Modernity. – 2023. – No. 23. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-samoaktualizatsii-lichnosti (date of access: 23.12.2024).
STATE AND LAW
KULIKOVA Yuliya Albertovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, Faculty of Law, Moscow State University of Psychology and Social Sciences
ZHURAVLEVA Alena Vladimirovna
Ph.D. in philosophical sciences, associate professor of Civil law disciplines sub-faculty, Faculty of Law, Moscow State University of Psychology and Social Sciences
AKIMENKO Viktor Feliksovich
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, Faculty of Law, Moscow State University of Psychology and Social Sciences
FEATURES OF LOCAL SELF-GOVERNMENT BODIES AS PART OF A UNIFIED SYSTEM OF PUBLIC AUTHORITY IN THE RUSSIAN FEDERATION ON THE EXAMPLE OF A SPECIFIC MUNICIPALITY
In 2020, the Constitution of the Russian Federation was amended with respect to local governments, which became part of the unified system of public authority. The authors examined one of the elements of local self-government bodies – the head of a municipality, whose election procedure has changed over the years from the election of its residents to the election of the head of the city by deputies of a representative body of local self-government. In a particular municipality, the process of change concerning the election of the mayor has been analyzed and both positive trends and negative sides of this phenomenon have been noted.
Keywords: local government, the head of the municipality, local referendum, voting, municipal elections, recall of the head of the city.
Article bibliography
1. Mufazalova Ya. I., Aminov I. R. Problems of abolition of direct elections of heads of municipalities in the Russian Federation // International Journal of Humanities and Natural Sciences. – 2021. – No. 12-4. – P.30-31.
2. Grineva D. D., Koroteeva P. P., Maksimov A. N., Sosnin D. P., Trudolyubov A. S. Features of the rotation of the corps of mayors in modern Russia // Official website of the Civil Initiative Committee. [Electronic resource]. – Access mode: https://komitetgi.ru/.
STATE AND LAW
MARCHENKO Dmitriy Eduardovich
Ph.D. in Law, associate professor, associate professor of Economics and management sub-faculty, Volga State University of Railway Transport, Samara, Retired Colonel of the Internal Service
TARENKOVA Olga Alexandrovna
Ph.D. in Law, associate professor, Head of Public and private law sub-faculty, Samara branch, Moscow City Pedagogical University
PROTECTION OF THE VALUE OF VICTORY IN THE GREAT PATRIOTIC WAR AS A DIRECTION IN RUSSIAN LEGISLATION
There is a whole trend in Russian legislation dedicated to preserving the historical memory of the Victory of the Soviet people in the Great Patriotic War, preventing belittling the feat of the Soviet people, and countering manifestations of fascism and Nazism. This board has an intersectoral nature. The norms of constitutional, administrative and criminal law establish a legal regime in this area of legal regulation, as well as sanctions for violating official prohibitions. The victory of the Soviet people is eighty years old. Nevertheless, the relevance of the current legal norms is increasing, including in connection with the need to protect the state sovereignty of the Russian Federation.
Keywords: normative legal act, historical memory and unity, Victory in the Great Patriotic War, fight against fascism and Nazism, constitutional values, administrative regime, administrative responsibility, criminal responsibility, social rights of veterans of the Great Patriotic War.
Bibliographic list of articles
1. Chernykh S.I. On the relationship between processesin public administration and regulation: theory and Russian practice // Society and Economy. – 2024. – No. 5. – P. 19.
2. Nozdrachev A. F. Modern content of the concept “Administrative and legal regime” // Journal of Russian Law. – 2017. – No. 2. – P. 99.
3. Napso M. D. Emile Durkheim’s theory of anomie and modernity // Sociodynamics. – 2017. – No. 2. – P. 23.
4. Kotov S. V. Neo-fascism as a phenomenon of modernity: philosophical and political origins and conceptual genesis. Dissertation for the academic title of Doctor of Political Sciences. – M. 2011.
5. Esakov G. A., Korobyev A. I. Neo-fascism as a manifestation of extremism: problems of criminal-legal counteraction // Asia-Pacific region: economics, politics, law. – 2015. – No. 2 (35). – P. 139.
6. Andreev O. V., Shirokova M. A. Formation and development of the regulatory framework for preserving the memory of the Great Patriotic War in 1941-2019 // Bulletin of the Chuvash University. – 2019. – No. 19, No. 4. – P. 25.
STATE AND LAW
PEKAREVA Viktoriya Vladimirovna
student, Institute of Training of State and Municipal Employees, Academy of Law and Management of the FPS of Russia
TUARMENSKIY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty, Academy of Law and Management of the FPS of Russia
CHARACTERISTICS OF DIGITAL RIGHTS: SPECIFICS AND PROBLEMATIC DEFINITION OF THEIR CONTENT
This article provides a multidimensional critical analysis of the concept of “digital right” as a legal category. Different interpretations of this concept are considered: as an independent term denoting the object of civil rights; as a type of property rights possessing electronic form and specific characteristics; as a subjective right. Other theoretical and practical interpretations are also analyzed. In addition, the relationship and distinction between digital assets, tokens, electronic data and other information presented in digital format is recognised. An important part of the study is to examine the problems of understanding the essence and legal regulation of digital rights.
Keywords: digital rights, information space, privacy, information system, information technology, databases, property rights, digital rights protection.
Article bibliography
1. Zhemerov V. V. Digital human rights: theoretical and practical problems // Issues of Russian justice. – 2019. – No. 3. – P. 1026-1036.
2. Inozemtsev M. I., Nektov A. V. Foreign dissertations on digital law // Digital law. – 2023. – Vol. 4, No. 1. – P. 28-63.
3. Lisitsa V. N. Digital rights as civil rights operating in the information system // Legal policy and legal life. – 2024. – No. 3. – P. 149-154. – DOI 10.24412/1608-8794-2024-3-149-154.
4. Mefodieva K. A. Digital data as an object of civil law regulation in Germany, the USA and Russia. [Text]: dis. … Cand. of Law: 12.00.03. – M., 2019. – 228 p.
5. Minaeva A. I. Digital rights as elements of the legal status of an individual // Issues of Russian and international law. – 2021. – Vol. 11, No. 3A. – P. 69-77. – DOI 10.34670/AR.2021.81.43.035.
6. Rozhkova M. A. Digital rights: public law concept and concept in Russian civil law // Business and Law. – 2020. – No. 10. – P. 45-52.
7. Khanova V. A. Digital rights as a new object of civil rights // StudNet. – 2020. – No. 10. – P. 151.
STATE AND LAW
VARLAMOV Dmitriy Vladimirovich
postgraduate student, Moscow Innovation University
IMPROVEMENT OF PROCEDURAL AND LEGAL ASPECTS OF DETERMINING THE CUSTOMS VALUE OF GOODS
The article considers some conceptual aspects of improving the procedural and legal aspects of determining the customs value of goods. Attention is focused on what actions need to be taken by declarations to improve the procedure for making decisions on binding information and its use by customs authorities. It is noted that the relevant legislative provisions should establish a rule that the customs authority is obliged to notify the declarant using the information system or in writing about the possibility of holding consultations. It is revealed that at the moment, the legal regulation of the grounds and procedure for customs post-control is not progressive enough. A conclusion is made that the procedure for simplified declaration and release of goods into free circulation approved in international legislation requires proper development and legislative registration.
Keywords: customs value, procedures, regulations, legal grounds, declaration.
Article bibliographic list
1. Blinov N. M., Seyedin S. I. Customs management: a textbook. – M.: RTA, 2024. – 190 p.
2. Gorchakov V. V., Dianova V. Yu., Golodova O. V. Price information for customs officers: possibilities and prospects of use // Customs policy of Russia in the Far East. – 2024. – No. 2. – P. 34-37.
3. Ershov A. D. Fundamentals of management and organization in customs affairs: a textbook: St. Petersburg Institute of Economics and Statistics, St. Petersburg branch of RTA, Knowledge Society, 2023. – 250 p.
4. Karpov V. V. All duties, fees, payments and taxes at customs. – M.: Economy and Finance, 2023. – 175 p.
5. Luke E., Strathbrücker F. Proceedings of the seminar “Methods for determining customs value, their theoretical foundations and practical application” with the participation of foreign specialists. – Yaroslavl, 2022. – 300 p.
6. Matveeva O. P. Organization and technology of foreign trade operations. – M.: Marketing, 2024. – 240 p.
7. Fundamentals of customs affairs. Manual: issue 3. Economic activities of customs authorities. – M., 2024. – 210 p.
STATE AND LAW
VOLKOV Alexander Alexandrovich
student, postgraduate student of the 2nd course, Volgograd Institute of Management (branch), Russian Academy of National Economy and Public Administration under the President of the Russian Federation
PROCEDURE FOR ESTABLISHING THE RESULTS OF REMOTE ELECTRONIC VOTING
The article is devoted to the process of summing up the results of electronic voting, as well as the features the are inherent to it. The author examined the regulatory legal acts containing and disclosing the features of summing up the results of electronic voting. Also, the article disclosed the framework of which the modernization of the election procedure is carried out. The author examines the procedures for counting votes and summing up the results of electronic voting.
In addition, the article touches upon the activities of election commissions. Attention is paid to the recording of voting results and the disclosure of the features of this process. The author predicts the prospects for the development of the remote electronic voting system.
Keywords: digital technologies, electoral process, constitutional law, electronic voting.
Article bibliography
1. Federal Law of 12.06.2002 No. 67-FZ of 12.06.2002 (as amended on 08.08.2024 with the amendment of 13.12.2024) “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Resolution of the Central Election Commission of Russia dated June 14, 2024 No. 172/1345-8 “On Amendments to the Procedure for Remote Electronic Voting Using Federal State Information Systems”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Resolution of the Central Election Commission of Russia dated July 27, 2022 No. 91/748-8 (as amended on March 6, 2024) “On the Instructions for Posting Data of the State Automated System of the Russian Federation “Elections” on the Information and Telecommunications Network “Internet”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Borisov I. B., Golovin A. G., Ignatov A. V. Elections in the world: electronic voting. – M., 2020. – P. 195.
5. Borisov I. B. The end of the pre-digital era of political processes // Citizen. Elections. Power. – 2021. – No. 1. – P. 124-136.
6. Khudoley D. M., Khudoley K. M. Electronic voting in Russia and abroad // Bulletin of Perm University. – 2022. – P. 57.
7. Interview of the Chairman of the Central Election Commission of Russia dated March 23, 2021 with Pamfilova E. A. // Rossiyskaya Gazeta, 2021. [Electronic resource]. – Access mode: https://rg.ru/2021/03/24/interviu-glavy-cik-elly-pamfilovoj-glavnoe.html?ysclid=m92xc9hegt339305373&utm_referrer=https%3A%2F%2Fyandex.ru%2F.
HUMAN RIGHTS
OVCHINNIKOVA Larisa Ivanovna
Ph.D. in Law, associate professor, associate professor of International and public law sub-faculty, Law Faculty, Financial University under the Government of the Russian Federation
ON THE ISSUE OF WAYS TO PROTECT THE VIOLATED RIGHTS OF RUSSIAN CITIZENS
The article discusses current issues of ensuring the protection of the rights and interests of citizens in administrative and judicial proceedings. The structure of courts and problematic issues of judicial proceedings, such as the workload of courts, the protracted nature of the consideration of cases, are considered. To solve the current problems of the Russian judicial system, it is proposed to expand the practice of pre-trial dispute resolution and mediation. Mediation can serve as one of the ways to protect violated rights, and one of the advantages of thismethod is the right to exercise it both before and during the trial. The article examines the work of arbitration courts established to resolve disputes arising in the economic sphere or civil law relations, which can act as an alternative to federal courts.
Keywords: protection of violated citizens’ rights, government agencies, courts, judicial proceedings, pre-trial settlement, disputes, mediation, arbitration courts.
Article bibliographic list
1. Volozhanin V. P. Non-judicial forms of resolution of civil-law disputes. – Sverdlovsk: Sredne-Uralskoe kn. Publishing House, 1974. – P. 34, 36.
2. Lyubkina N. A., Lubsky R. A. Problems of protection of subjective civil rights in the Russian Federation // Jurist-Pravoved. – 2018. – No. 1 (84). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-zaschity-subektivnyh-grazhdanskih-prav-v-rossiyskoy-federatsii (date of access: 02/05/2025).
3. Chechot D. M. How to protect your right. – M: Legal Literature, 1988. – P. 18, 30.
4. Yusupova A. F. Mediation as an alternative method of dispute resolution in civil proceedings // Issues of Russian Justice. – 2020. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mediatsiya-kak-alternativnyy-sposob-razresheniya-sporov-v-grazhdanskom-protsesse (date of access: 02/05/2025).
LANGUAGE AND LAW
SULEYMANOVA Zumrud Suleymanovna
senior lecturer of Linguistics sub-faculty, Dagestan Humanitarian Institute, Makhachkala
ASLANOV Aslan Makhmudovich
chief specialist and expert of the National Policy Department of the Ministry of National Policy and Religious Affairs of the Republic of Dagestan
ABDURAKHMANOV Abdurakhman Ibragimkhalilovich
senior lecturer of Linguistics sub-faculty, Dagestan Humanitarian Institute, Makhachkala
MUSAEVA Asma Gadzhievna
associate professor of Criminal law and state law disciplines sub-faculty, Dagestan State University of National Economy, Head of the Department of Science and Education of the Dagestan Humanitarian Institute, Makhachkala
THE CONCEPT OF “WOMAN” IN “QURANIC SOCIOLOGY” IN THE CONTEXT OF FEMINIST CLAIMS TO THE INTERPRETATION OF THE QURAN
The analysis and understanding of the concept of “woman” in the text of the Quran is one of the most urgent tasks for a modern researcher of the Muslim religion, since attempts are being made to transfer the problem of equality existing in certain circles of society to the plane where it is solved, i.e. the Muslim religious concept, destroying it under the slogans of equality. The article attempts to comprehend the “Quranic sociology” in the aspect of equality. A line-by-line analysis of the text of the Quran devoted to the concept of «woman» is carried out. The concept of «Quranic sociology» is being introduced into scientific use.
Keywords: the Quran, the concept of «woman», women, Islam, verses.
Article bibliography
1. Abbas Mahmud Al-Akkad. Al-maratu fi-l Quran. – 2007. – P. 144. [Electronic resource]. – Access mode: https://www.noor-book.com (date of access: 12/17/2024).
2. Jalal ad Din As-Suyuti. Perfection in the Quranic Sciences / Editorial Board: Mufti Ravil Gainudin, prof. M. S. Meyer, Sheikh Farid Asadullin, Prof. G. M. Gabuchan, Prof. A. B. Kudelin. Issue 1: The doctrine of the interpretation of the Koran. – M, 2000. – 240 p.
3. Ibn Abi al-Dunya. [Electronic resource]. – Access mode: https://translated.turbopages.org (accessed: 12/14/2024).
4. Buttaeva A. M., Omarov S. I. Ethnic identity as a key link in civil identity // Bulletin of the Dagestan Humanitarian Institute. – 2021. – Vol. 3. – Pp. 96-103.
5. Bakhmudkadiev N. D., Askerov A. S. The modern concept of interaction between state and religion in Russia // Bulletin of the Dagestan Humanitarian Institute. – 2021. – Vol. 3. – P. 103-108.
6. Sirazhudinova S. I. The main elements of zakat and their characteristics // Bulletin of the Dagestan Humanitarian Institute. – 2021. – Vol. 3. – P. 118-122.
7. Nasr, Seyed Hossein, Dagli, Caner, Massy Dakake, Maria, Rustom, Muhammad, Lumbard, Joseph Study of the Quran. – HarperCollins, 2015. – P. 1794.
8. Mikhaleva A. V. Islamic feminism Seyran Atesh / Bulletin of the PFIC. – 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru-seyran-atesh (date accessed: 12/14/2024).
9. Muhammad Alawi al-Maliki al-Husni. Zubdat al-itkan fi ulum al-Qur’an. Sayda. [Electronic resource]. – 2018. – P. 176-184.
ECONOMY. LAW. SOCIETY
ZVYAGINA Alena Vladislavovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal PenitentiaryService» of Russia
KOZLOVA Anna Alexeevna
senior lecturer of Social psychology, social work and probation sub-faculty, Faculty of Psychology, Academy of the FPS of Russia
SOCIAL ADVERTISING IN WORKING WITH CONVICTS: FEATURES, FORMS, ANALYSIS OF USAGE PRACTICES
The article reflects the results of an analysis of the practice of using social advertising in the professional activities of employees of the penitentiary system of the Russian Federation (using the example of social work units with convicts). The current topic of social advertising used in working with convicts has been identified. The most common forms of bringing social advertising to convicts are revealed. It is determined that social advertising, presented in visual-graphic and in visual-cinematic forms, arouses the greatest interest and response among convicts.
Keywords: convicts, social work with convicts, social advertising, the penal enforcement system of the Russian Federation.
Article bibliography
1. Kurenkova O. E. Social advertising as an effective technology of social work with convicts: features, functions / Collection of scientific papers of employees of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia. Collection of articles. Under the general editorship of A. A. Seredin. – Vologda, 2019. – P. 93-96.
2. Siryakov A. N. Objectives of social advertising and their legal registration // Legal position. – 2024. – No. 10 (58). – pp. 30-38.
ECONOMY. RIGHT. SOCIETY
SEDYKH Vladimir Alexandrovich
Ph.D. in biological sciences, chief researcher of SIC-1 of the federal government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
RADCHENKO Elena Pavlovna
Ph.D. in economic sciences, leading researcher of SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
VDOVINA Alina Nafisovna
senior researcher of SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
AGRICULTURAL LANDS IN THE PENAL SYSTEM OF THE RUSSIAN FEDERATION: ISSUES AND SOLUTIONS
The article discusses the problematic issues of identifying the causes of the withdrawal of agricultural land from the circulation of the penal system of the Russian Federation. This issue did not attract attention until the optimization of the institutions of the penal system and the expansion of the practice of applying criminal penalties not related to the isolation of convicts from society. However, this topic is important for understanding the financial and economic rationale for drafting regulatory legal documents when transferring land for permanent indefinite use to the Federal Property Management Agency. In the current situation, the Russian penitentiary system is faced with a choice of the vector of functioning of agricultural land. It is necessary to review federal laws, orders and orders regarding federal executive authorities, in particular the Federal Penitentiary Service.
Keywords: land legislation, land policy, government institutions, agricultural land, penal enforcement system, Federal Penitentiary Service.
Article bibliography
1. Mokretsov Yu. V., Kryukova D. Yu. Decision support system in automated engineering complexes of penal institutions // Information technologies and mathematical methods in the activities of the penal system and education. Proceedings of the interuniversity round table. – 2014. – P. 53-58.
2. Lanina A. N. Problems of environmental safety of the institutions of the Federal Penitentiary Service of Russia // NovaInfo. – 2017. – No. 62. – P. 277-281. [Electronic resource]. – Access mode: https://novainfo.ru/article/12059 (date accessed: 31.01.2025).
3. Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (as amended on 16.02.2022) (as amended and supplemented, entered into force on 01.03.2022) // SPS Consultant Plus.
4. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // SPS Consultant Plus.
5. Order of the Government of the Russian Federation of August 31, 2002 No. 1225-r “On the Environmental Doctrine of the Russian Federation” // SPS Consultant Plus.
6. Federal Law of 24.07.2002 No. 101-FZ “On the turnover of agricultural land” // SPS Consultant Plus.
7. Sedykh V. A., Radchenko E. P., Vdovina A. N. Features of the rational use of agricultural land in the Russian Federation // Eurasian Law Journal. – 2023. – No. 4 (179). – P. 458-460.
8. Ministry of Agriculture of the Russian Federation. [Electronic resource]. – Access mode: https://mcx.gov.ru/(date of access 01.02.2025).
9. Evgeniya Rudakova “Vesti-Irkutsk”. [Electronic resource]. – Access mode: https://vk.com/away.php?to=https%3A%2F%2Fvestiirk.ru%2Fnews%2Fproby-pochvy-s-nezakonnoi-svalki-v-poselke-bozoi-ekhirit-bulagatskogo-raiona-otpravili-na-ekspertizu%2F&utf=1 (date of access: 31.01.2025).
10. Sedykh V. A., Radchenko E. P., Vdovina A. N. Agricultural lands in the penal system of the Russian Federation // Agrarian and land law. – 2023. – No. 4 (220). – P. 73-75.
11. Sagidovna D. B. Urgent tasks of state regulation of market turnover of land in the agricultural sector in the conditions of the North-West // Russian electronic scientific journal. – 2018. – No. 4 (30). – P. 59-68.
ECONOMY. LAW. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Social and cultural activities and pedagogy sub-faculty, Orel State Institute of Culture
CONCEPTUAL BASES FOR THE FORMATION OF THE CREATIVE ECONOMY ECOSYSTEM
In the post-industrial economy, where information and knowledge are the dominant resources, interest in the creative economy is growing every year. It can become the basis for sustainable development and provide competitive advantages for certain countries, regions and local communities. Based on intellectual property, creativity, and modern technologies, it creates new business models that stimulate innovation. The increasing interest in the ecosystem approach allows us to consider the creative economy through the interaction of its main elements, functioning as a whole and ensuring the achievement of common goals.
Keywords: sustainable development, creative economy, ecosystem, interaction, monetization, creativity.
Article bibliography
1. Order of the Government of the Russian Federation of September 20, 2021 No. 2613-r (as amended on October 21, 2024) On approval of the Concept for the development of creative industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030 [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_396332/ (date accessed: 20.02.2025).
2. Amelichkin A. V. Formation of students’ readiness for producing in the field of cultural industries // Economy and business: digital transformation and development prospects: materials of the International scientific and practical conference. In 2 volumes, April 14, 2022. – Moscow: Autonomous non-profit organization of higher education “Institute of Business and Design”, 2022. – P. 226-231.
3. Asadullina A. V., Vilkul N. A. Digital ecosystems: methodological foundations and structural transformation in Russia // Russian Economic Bulletin. – 2024. – Vol. 7, No. 1. – P. 358-370.
4. Busalova A. D. Creative cluster or creative business ecosystem? // Creative economy. – 2021. – Vol. 15, No. 11. – P. 4215-4224.
5. Golov R. S., Mylnik A. V. Analysis of the essence and main types of ecosystems in the economy and industry // Scientific works of the Free Economic Society of Russia. – 2024. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-suschnosti-i-osnovnyh-tipov-ekosistem-v-ekonomike-i-promyshlennosti (date of access: 20.02.2025).
6. Gorda O. S. Creative economy: theoretical foundations and features of functioning in the conditions of formation of a new economy // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Economics and management. – 2023. – Vol. 9, No. 2. – P. 24-37.
7. Guseva E. N., Limanovskaya V. R., Sobchishen A. S. Modern library as an element of the ecosystem of youth scientific creativity: substantiation of the concept // Education and cultural space. – 2024. – No. 4. – P. 169-183.
8. Morozov M. M. Digital ecosystems in the service economy // Service in Russia and abroad. – 2024. – Vol. 18, No. 2. – P. 29-37.
9. Pustynnikova E. V. Integration approach as a basis for the formation of an ecosystem in the context of a transitive economy // Bulletin of SUSU. – 2023. – Vol. 17, No. 3. – P. 99-107.
10. Radeeva A. A., Kharlamova U. D. Bank ecosystem as a platform for the implementation of digital technologies and optimization of business models // Bulletin of science. – 2023. – Vol. 5, No. 10 (67). – P. 119-127.
11. Simonova I. F. Ecosystem of creative industries: a model of complex project research // Creative industries of the region: experience, prospects, personnel training: abstracts of reports of the All-Russian scientific and practical conference, September 28-29, 2023. – St. Petersburg: St. Petersburg State Institute of Culture, 2023. – P. 32-33.
ECONOMY. LAW. SOCIETY
FEDOROVA Tatyana Vladimirovna
Ph.D. in historical sciences, associate professor of Russian as a foreign language sub-faculty, Institute of Philology, Foreign Languages and Media Communications, Irkutsk State University
SHAN Yuanxian
magister student of Russian as a foreign language sub-faculty, Institute of Philology, Foreign Languages and Media Communications, Irkutsk State University
ANALYSIS OF THE DEVELOPMENT AND PROSPECTS OF COOPERATION BETWEEN OIL AND GAS ENTERPRISES OF CHINA AND RUSSIA IN THE CONTEXT OF GLOBAL TRANSFORMATIONS
This article, based on the use of content and SWOT analysis, reveals the development and prospects for cooperation between oil and gas enterprises of the People’s Republic of China (PRC) and the Russian Federation in the context of global economic and political transformations. In the face of changing global energy markets, increased competition and the transition to sustainable energy sources, the key factors influencing bilateral relations in the oil and gas sector are examined. Particular attention is paid to strategic projects and investments joint in the field of exploration and production of hydrocarbons. The risks and challenges, including geopolitical tensions, are analyzed. In conclusion, the article offers recommendations for optimizing cooperation and increasing its effectiveness, emphasizing the importance of adapting to new conditions to ensure the energy security of both countries.
Keywords: China, Russian Federation, economic transformations, economic risks, oil and gas industry, oil, gas, investment, operating costs, oil giants, energy security, low-carbon transformation.
Bibliographic list of articles
1. Yang Yuxing, Yuan Zhuo, Long Tan. Study of ways to reduce oil and gas costs in a market economy // Business news. – Guangdong: Business News Publishing House, 2024. – P. 147-150.
2. Gao Xiangru Research on the Strategies of Oil and Gas Enterprises to Implement Innovations in Corporate Economic Management // China National Petroleum Corporation for Natural Gas Sales – Jiangsu. – Beijing: MODERN ENTERPRISE CULTURE Publishing House, 2024. – P. 53-56.
3. Luo Ahua Listed Oil and Chemical Companies Release 2021 Annual Report Results, Highlighting the Good Start of the Petrochemical Industry during the 14th Five-Year Plan Period. – Beijing: China Petroleum and Chemical Industry, 2022. – P. 49-52.
4. Luo Ping Operating Performance and Strategic Trends of Major International Oil Companies in 2022 // Sinopec Oil Exploration and Development Research Institute. – Beijing: China Petroleum and Chemical Industry Standards and Quality, 2022. – 71 p.
5. Feng Baoguo “Three Barrels of Oil” Made Money // China National Petroleum Corporation. – Beijing: China Petroleum and Petrochemical, 2021. – P. 38-39.
6. Xia Chuyang, Yu Ling, Li Suxiao, Huang Yingjia Adjustment and Reform of International Oil Companies – Analysis of Business Strategy Trends of Five Major International Oil Companies in 2023 // China National Petroleum Corporation, Institute of Economic and Technological Research, Branch of Jiangsu University PetroChina Kunlun Gas Co., Ltd. – Beijing: International Petroleum Economics, 2024. – P. 42-49.
7. Mo Bei Three Major Oil Companies Release 2014 Annual Results: Low Oil Prices Test Profitability // China National Petroleum Corporation. – Beijing, 2024. – P. 33-36.
8. China Natural Gas Development Report. – Beijing: Petroleum Industry Press, 2024. – 17 p.
9. Li Yueqing. Go Forward on a New Journey – A Brief Overview of the Achievements of the Petroleum and Petrochemical Industry in the Past 10 Years in the New Era // Focus Perspective. – Beijing, 2022. – 37 p.
10. Ding Weihao Strategic Analysis of China National Petroleum Corporation within the Framework of Harvard Analysis // China University of Petroleum. – Karamay, 2022. – pp. 92-93.
ECONOMY. RIGHT. SOCIETY
RZAEV Vidadi Yakhyaevich
postgraduate student of the 2nd course, Full-time Department, Moscow Financial and Industrial University “Synergy”
FORMATION AND DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF NON-CASH MONEY CIRCULATION
This article analyzes the process of formation and development of domestic legislation in the field of non-cash money circulation. Accordingly, primary attention is paid to the stages of evolution of the system of legal regulation of non-cash money circulation. In modern times, more and more advanced and convenient ways of non-cash money circulation are emerging. At the same time, when determining promising areas of improvement in a particular area, research, analysis and consideration of existing experience become fundamentally important. Accordingly, in such conditions, the analysis of the formation and development of the legal regulation system in this area is important.
Keywords: money circulation, non-cash funds, domestic legislation.
Article bibliography
1. Alekseeva O. M. On the category of “electronic money” // Law and Business. – 2022. – No. 4. – P. 32-40.
2. Belov V. A. Practice of bill of exchange law: textbook. – Moscow, 1998. – 273 p.
3. Budylin S. L. Money: economic function and legal nature // Bulletin of economic justice of the Russian Federation. – 2023. – No. 7. – P. 121-164.
4. Vavilova E. M. Formation of Russian legislation in the field of non-cash money circulation: historical and philosophical analysis // Philosophy of Law. – 2020. – No. 1 (92). – P.80-84.
5. Deryugina T. V. Problems of determining the legal nature of digital currency // Bulletin of Perm University. Legal sciences. – 2024. – No. 2. – P. 274-288.
6. Dolgikh F. I. History of the domestic state and law: for students of secondary vocational education studying in legal specialties: textbook. – 2nd ed., revised. and add. – Moscow: Moscow Financial and Industrial University “Synergy”, 2021. – 296 p.
7. Ilovaisky I. B. Letter of credit as a form of non-cash payments: dis. … candidate of legal sciences. – Volgograd, 2001.
8. Koroleva N. V., Fedenkova A. S. Evolution of the main approaches to the theory of the origin of money // Problems of market economy management: interregional collection of scientific papers. Tomsk. – 2015. – V. 1. – P. 123-128.
9. Pokachalova E. V., Gudkova M. V. Monetary system of the Russian Federation: digital innovations and their impact on the legal capacity of participants in financial relations // Banking law. – 2021. – No. 1. – P. 26-34.
10. Savinskaya N. A., Pivovarov V. V., Smirnova N. I. From the history of the formation and development of the payment system in Russia // Problems of modern economy. – 2010. – No. 19. – 476-479.
11. Sarnakova A. V., Zhizhin N. S. Issues of the relationship between non-cash money, electronic money and the digital ruble // Jurist. – 2022. – No. 5. – P. 26-33.
12. Yuzvovich L. I., Maramygin M. S., Knyazeva E. G. Finance, money circulation and credit: textbook. – Ekaterinburg: Publishing house of the Ural. federal. University, 2019. – 355 pp.
PHILOSOPHY. RIGHT. SOCIETY
ANISIMOVA Valentina Antonovna
Ph.D. in pedagogical sciences, associate professor of Engineering business and management sub-faculty, Ryazan Institute (branch), Moscow Polytechnic University
ANISIMOVA Anna Mikhaylovna
Ph.D. in Law, associate professor of Legal disciplines department, Moscow Financial and Industrial University “Synergy”
FROLOVA Svetlana Vladimirovna
Ph.D. in economical sciences, associate professor of Engineering business and management sub-faculty, Ryazan Institute (branch), Moscow Polytechnic University
ZOTOVA Karina Valerjevna
Ph.D. in sociological science, associate professor of Philosophy and history sub-faculty, Academy of FPS of Russia
KAREEVA Irina Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty, Academy of the FPS of Russia
ABOUT SOME ASPECTS OF THE CURATOR’S WORK IN FORMING THE VALUE ORIENTATIONS OF FIRST YEAR STUDENTS
This article identifies certain problems in the work of a student group curator. As an effective factor in the formation of value orientations, the directions and extracurricular forms of educational work, the content of which contains the meaning of philosophical categories of moral values, are presented in practical terms.
The novelty is also manifested in the fact that, as a mechanism for a curator’s successful work with a student group, the authors propose a variety of formats, new ideas for communication and interaction with first-year students.
Keywords: teacher-curator, value orientations, socialization, philosophical categories, extracurricular activities.
Article bibliography
1. Anisimova V. A. On some aspects of the work of a student group curator / VII International scientific and practical conference of teachers, young scientists and students // Economic and social-humanitarian problems of our time. Ryazan, 2024.
2. Volkogonova O. D. Ideas of modern university youth about the future. Moscow: Mir Rossii, 2002. No. 4. P. 157-178.
3. Kareeva I. V., Zotova K. V., Anisimova V. A. The problem of forming moral culture among young people studying in higher educational institutions as one of the components of cultural socialization // Society: sociology, psychology, pedagogy. 2024. No. 1. P. 23-29. https://doi.org/10.24158/spp.2024.1.2
4. Nikitina V. V., Kutsaya A. Yu., Salun S. N. On the problem of supervision in a modern university // Modern problems of science andeducation. 2019
5. Rasskazova A. V. Self-realization of the student’s personality. M.: Specialist, 2000. No. 11. Pp. 24-28.
6. Smirnov S. D. Training and education in higher education. M., 2001. Pp. 134.
PHILOSOPHY. LAW. SOCIETY
BELKIN Vasiliy Vladimirovich
lecturer of Philosophy sub-faculty, Perm State National Research University
ON THE ISSUE OF LAW IN A POST-CAPITALIST SOCIETY
The article examines the problem of the origin of law and the state in the context of the scientific theory of the historical process, based on the dialectic of historically developing (unfolding) contradictions between the individual and generic essence of man. The periodization of human history is applied, subdivided into three eras or “large formations”. Law at these stages of development exists accordingly: being included in the mononorm; in the form of an alienated (perverted) form of law; the law of a society that has overcome alienation. Based on Marxist methodology, an assumption is made about the form of a possible transformation of law and social regulation in a post-capitalist society.
Keywords: origin of law, state, legal norm, alienation, mononorm, post-capitalism, crisis, politics.
Article bibliography
1. Alekseev V. P., Pershits A. I. History of primitive society. – Moscow, 2001.
2. Bell D. The coming post-industrial society. Experience of social forecasting. – Moscow: Academia, 2004.
3. The Great Soviet Encyclopedia, in 30 volumes. – 3rd ed. – Moscow: Soviet. encyclopedia, 1969 – 1986.
4. Buzgalin A. V. Exploitation of creative activity: intellectual rent as a (perverse) form of appropriation of universal cultural wealth by capital // Alternatives. – 2011. – No. 4.
5. Koryakin V. V., Orlov V. V. Labor, value, property in modern society: philosophical analysis // Bulletin of the Vyatka State Humanitarian University. – 2010. – Issue No. 4, Volume 4.
6. Koryakin V. V. Value and its forms. Value relations in post-industrial society // New ideas in philosophy. – Issue. 18. Actual problems of scientific philosophy: in 2 volumes. – Perm, 2009. – Vol. 1.
7. Lenin V. I. Letter to A. M. Gorky in November 1913 // Lenin V. I. Complete works. – Vol. 48.
8. Marx K. Capital. Vol. 3 // Marx K., Engels F. Works. 2nd ed. – Vol. 25, Part 1. – Moscow, 1962.
9. Musaelyan L. A. Scientific theory of the historical process: formation and essence / 2nd ed., revised. and enlarged. – Perm: Perm University Publishing House, 2011.
10. Orlov V. V., Vasilyeva T. S. Labor and socialism. – Perm: Perm University Press, 1991.
11. Orlov V. V., Vasilyeva T. S. Philosophy of Economics / 3rd ed., revised and enlarged. – Perm: Perm State National Research University, 2013.
12. Orlov V. V. Fundamentals of Philosophy. Part One. General Philosophy. – Issue 1: Textbook / 3rd ed., revised and enlarged. Perm University. – Perm. 2001.
13. Pershits A. I. Problems of Normative Ethnography // Studies in General Ethnography. – Moscow: Nauka, 1979.
14. Polyakov A. V. General Theory of Law: Problems of Interpretation in the Context of the Communicative Approach: Lecture Course. – St. Petersburg, 2004.
15. Porshnev B. F. Periodization of the world-historical process in Hegel and Marx // Philosophical sciences. – 1969. – № 2.
16. Filipson M. Phenomenological philosophy and sociology // New directions in sociological theory. – Moscow, 1978.
PHILOSOPHY. LAW. SOCIETY
KORYAKINA Anzhelina Anatoljevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty, M. K. Ammosov North-Eastern Federal University, Yakursk
THE CONCEPT OF “CULTURE” IN THE NATIONAL-CIVILIZATIONAL ASPECT
The article examines the concept of “culture” through the prism of the national-civilizational aspect. The main problems in the key of the relationship between culture and civilization, culture and nation, as well as the role of culture in the formation of a nation and civilization are analyzed. In-depth attention is paid to the interaction between culture and socio-political processes. It is concluded that the concept of “culture” in the context of the national-civilizational perspective is highly complex and multidimensional one. Culture not only illustrates the uniqueness of each nation, but also functions within the broader context of civilizational transformations. In modern times, culture requires a new understanding to ensure the preservation and development of cultural traditions. Continuing research in this area will be an important step in deepening the understanding of the interdependencies between culture, nation and civilization.
Keywords: culture, civilization, nation, activity, identity.
Article bibliography
1. Kirilenko G. G. Brief philosophical dictionary: 288 concepts, 156 persons. – M.: AST, 2010. – 479 p.
2. Lurye S. V. Historical Ethnology. – M.: Gaudeamus, 2004. – 624 p.
3. Fedotova V. G. Modernization and Culture. – M.: Progress-Tradition, 2016. – 336 p.
4. Kendall G., & Wickham G. Understanding Culture: Cultural Studies, Order, Ordering (Theory, Culture and Society). – Newcastle: Sage, 2001. – 192 p.
5. Pieterse J. Globalization and Culture: Global Melange. – Lanham, Maryland: Rowman & Littlefield Publishers, 2009. – 149 p.
PHILOSOPHY. RIGHT. SOCIETY
KUGAI Alexander Ivanovich
Ph.D. in philosophical sciences, professor of State and municipal management sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
ETHICAL LEADERSHIP IN A MULTI-DOMAIN PERSPECTIVE: A RESEARCH MODEL
Aim. To present a model of the domain approach to the study of ethical leadership.
Tasks. To develop a model for researching leadership in a multi-domain dimension, focusing on leader behavior both at work and with friends/family.
Methods. Methods of systematic and structural-functional analysis.
Results. 1. The structure of the domain approach to understanding and explaining ethical leadership lies in answering two research questions: 1) What are the conditions for analyzing ethical leadership in (a) the work sphere and (b) personal life (family and friends), 2) What is the operational level of the conditions for analyzing cognitive and affective trust in (a) the work sphere and (b) family and friendly relationships.
Conclusions. 1. Trust in a leader is a solid and sustainable result of consistent ethical leadership. 2. Consistent ethical leadership is the sum of the high ethical leadership qualities demonstrated by a leader in the domains of work, family, and friendships.
Keywords: ethical leadership, multi-domain leadership, levels of ethical leadership analysis, affective trust, cognitive trust.
Bibliographic list of articles
1. Kugai A.I. Head of the municipal administration: vectors of leadership influence // Management consulting. – 2024. – No. 1. – P. 10-22.
2. Kugai A. I. Home space as a sociological category / Sustainable development strategies: economic, legal and social aspects: monograph. – Cheboksary: ID “Sreda”, 2023. – P. 159-169.
3. Kugai A. I. Non-governmental approach to service leadership // Actual issues of humanitarian and social sciences: from theory to practice: materials of the All-Russian scientific and practical conf. with international. part. (Cheboksary, January 19, 2023). – Cheboksary: ID “Sreda”, 2023. – P. 53-55.
4. Kugai A. I. The concept of human dignity: positions of vision / Modern challenges of education and psychology of personality formation: monograph / T. E. Demidova, G. A. Volkovitskaya, K. V. Kulemina [et al.]; ed.-in-chief Zh. V. Murzina, Chuvash Republican Institute of Education. – Cheboksary: Sreda, 2023. – P. 156-165.
5. Bedi A. C., Alpaslan M., & Green S. A meta-analytic review of ethical leadership outcomes and moderators // Journal of Business Ethics. – 2016. – No. 139 (3). – P. 517-536.
6. Bleidorn W., & Denissen J. Virtues in action – The new look of character traits // British Journal of Psychology. – 2015. – No. 106. – P. 700-723.
7. Bormann K. C., Poethke U., Cohrs C., & Rowold J. Doing bad through being selective in doing good: The role of within-unit variability in ethical leadership // European Journal of Work and Organizational Psychology. – 2018. – No. 27 (6). – pp. 683-699.
8. Brett J. F., & Atwater L. E. 360 feedback: Accuracy, reactions, and perceptions of usefulness // Journal of Applied Psychology. – 2018. – No. 6 (5). – pp. 930-942.
9. Brown M. E., Treviño L. K., & Harrison D. Ethical leadership: A social learning perspective for construct development and testing // Organizational Behavior and Human Decision Processes. – 2005. – No. 97. – No. 117-134.
10. Chughtai A., Byrne M., & Flood B. Linking ethical leadership to employee well-being: The role of trust in supervisor // Journal of Business Ethics. – 2015. – No. 128 (3). – pp. 653-663.
11. Courtright S. H., Gardner R. G., Smith T. A., McCormick B. W., & Colbert A. E. My family made me do it: A cross-domain, self-regulatory perspective on antecedents to abusive supervision // Academy of Management Journal. – 2016. – No. 59 (5). – S. 1630-1652.
12. Dansereau F., Alutto J. A., & Yammarino F. J. Theory testing in organizational behavior: The variable approach. – Prentice Hall, 1984.
13. De Hoogh A. H. B., & Den Hartog D. N. Ethical and despotic leadership relationships with leader’s social responsibility, top management effectiveness and subordinates’ optimism: A multimethod study // The Leadership Quarterly. – 2008. – No. 19. – P. 297-311.
14. Hammond M., Clapp-Smith R., & Palanski M. Beyond (just) the workplace: A theory of leader development across multiple domains // Academy of Management Review. – 2017. – No. 42 (3). – pp. 481-498.
15. Hannah S. T., Thompson R. L., & Herbst K. C. Moral identity complexity: Situated morality within and across work and social roles // Journal of Management. – 2018. – No. 46 (5). – pp. 726-757.
16. Hoch J. E., Bommer W. H., Dulebohn J. H., & Wu D. Do ethical, authentic, and servant leadership explain variance above and beyond transformational leadership? A meta-analysis // Journal of Management. – 2018. – No. 44 (2). – pp. 501-529.
17. Eisenbeiss S. A., van Knippenberg D., & Fahrbach C. M. Doing well by doing good? Analyzing the relationship between CEO ethical leadership and firm performance // Journal of Business Ethics. – 2015. – No. 128 (3). – pp. 635-651.
18. Eisenbeiß S. A., & Giessner S. R. The emergence and maintenance of ethical leadership in organizations // Journal of Personnel Psychology. – 2012. – No. 11 (1). – P. 7-19.
19. Klein K. J., Dansereau F., & Hall R. J. Levels issues in theory development, data collection, and analysis // Academy of Management Review. – 1994. – No. 19 (2). – pp. 195-229.
20. Lee A., & Carpenter N. C. Seeing eye to eye: A meta-analysis of self-other agreement of leadership // The Leadership Quarterly. – 2018. – No. 29 (2). – pp. 253-275.
21. Liao Y., Liu X. Y., Kwan H. K., & Li J. Work–family effects of ethical leadership // Journal of Business Ethics. – 2015. – No. 128 (3). – pp. 535-545.
22. Magalhães A., dos Santos N. R., & Pais L. Multi-source research designs on ethical leadership: A literature review // Business and Society Review. – 2019. – No. 124 (3). – pp. 345-364.
23. Newstead T., Dawkins S., Macklin R., & Martin A. 2021 We don’t need more leaders – We need more good leaders. Advancing a virtues-based approach to leader (ship) development // The Leadership Quarterly. – 2021. – 32, 101312.
24. Palanski M. E., & Yammarino F. J. Impact of behavioral integrity on follower job performance: A three-study examination // The Leadership Quarterly. – 2011. – No. 22 (4). – pp. 765-786.
25. Riggio R. E., Zhu W., Reina C., & Maroosis J. A. Virtue-based measurement of ethical leadership: The Leadership Virtues Questionnaire // Consulting Psychology Journal: Practice and Research. – 2010. – No. 62 (4). – pp. 235-250.
26. Simons T., Leroy H., Collewaert V., & Masschelein S. How leader alignment of words and deeds affects followers: A meta-analysis of behavioral integrity research // Journal of Business Ethics. – 2015. – No. 132 (4). – pp. 831-844.
27. Yang J., & Mossholder K. W. Examining the effects of trust in leaders: A bases-and-foci approach // The Leadership Quarterly. – 2010. – No. 21 (1). – P. 50-63.
28. Yammarino F. J., Dionne S. D., Chun J. U., & Dansereau F. Leadership and levels of analysis: A state-of-the-science review // The Leadership Quarterly. – 2005. – No. 16 (6). – pp. 879-919.
29. Yammarino F. J., & Bass B. M. Transformational leadership and multiple levels of analysis // Human Relations. – 1990. – No. 43 (10). – pp. 975-995.
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKOVA Tatyana Leonidovna
Ph.D. in philosophical sciences, associate professor of Philosophy, sociology and history sub-faculty, Russian Open Transport Academy (MIIT)
DEMOCHKIN Andrey Vasiljevich
Ph.D. in historical sciences, associate professor of Management and municipal governance sub-faculty, Smolensk Institute of Economics, St. Petersburg University of Management Technologies and Economics
PHILOSOPHICAL FOUNDATIONS FOR THE FORMATION OF INFORMATION CULTURE AS A BASIS FOR THE SECURITY OF SOCIETY
The article considers the problems of information culture formation in the conditions of digitalization of society. Approaches to the consideration of the concept of information culture are shown and analyzed, its structural components and levels are revealed. The purpose of the study is to analyze the role and place of information culture in achieving information security of an individual and society in modern conditions, as well as in the educational process. The author defines the levels of personal information culture and concludes about the continuity of the process of its formation.
Keywords: information society, informatization, digitalization, information technology, information culture, information security.
Bibliographic list of articles
1. Valeeva G. V. Social and philosophical foundations of digitalization of higher education in the context of the formation and development of the digital society // Context and reflection: philosophy about the world and man. – 2023. – Vol. 12, No. 1A. – P. 151-157.
2. Polyakova G. V. The phenomenon of information culture in modern society // Power. – 2013. – No. 10. – P. 83-84.
3. Popova M. V. Interaction of information and pedagogical technologies in the formation of the information culture of students. – Nevinnomyssk: NGGTI, 2008. – 160 p.
4. Toffler E. Shock of the future. – M.: AST, 2001. – 230 p.
PHILOSOPHY. LAW. SOCIETY
LOZINSKIY Nikolay Nikolaevich
Vice-rector, South-Western State University, Kursk
SOCIO-PHILOSOPHICAL EXPLICATION OF THE CONCEPT OF EURASIAN INTEGRATION
The article analyzes various socio-philosophical foundations of the conceptualization of integration processes in the space of Eurasia. In the context of the implementation of various political, economic and cultural projects, the influence of the Eurasian idea is traced, its capabilities and boundaries are shown in understanding the global changes that characterize the situation of the modern world. The concept of Eurasian integration is being analyzed from the point of view of an interdisciplinary approach, the main approaches to its inclusion in the subject-disciplinary fields of various socio-humanitarian sciences, such as sociology, economics, political science, and jurisprudence, are distinguished. Specific theoretical grounds for socio-philosophical reflection on the concept of Eurasian integration are identified and described.
Keywords: Eurasian integration, interdisciplinarity, globalization, civilization, social changes.
Article bibliography
1. Vetrenko I. A. Eurasian integration as a strategic choice of Russia // Eurasian integration: economics, law, politics. – 2020. – No. 1 (31). – P. 78-83.
2. Valovaya M. D. Eurasian integration: from theory to practice / Greater Eurasia: development, security, cooperation. Yearbook. Editor-in-Chief V. I. Gerasimov, 2018. – P. 49-53.
3. Valovaya M. D. Foreign trade policy of integration associations in conditions of turbulence // International trade and trade policy. – 2018. – No. 2 (14). – P. 3.
4. Kofner Yu. Yu. Theory of Eurasian integration. II. – [Electronic resource]. – Access mode: https://russiancouncil.ru/blogs/GreaterEurasia/teoriya-evraziyskoy-integratsii-ii/
5. Przhilensky V. I. Ontological prerequisites for the cognition of social reality. – Stavropol, 1998. – 199 p.
6. Pedersen T. Cooperative hegemony: power, ideas and institutions in regional integration // Review of International Studies. – 2002. – No. 28. – P. 677-696.
7. Przhilenskiy V., Zakharova M. Which Way is the Russian Double-headed Eagle Looking? // Russian Law Journal. – 2016. – T. 4, No. 2. – P. 6-25.
PHILOSOPHY. RIGHT. SOCIETY
RUBANTSOVA Tamara Antonovna
Ph.D. in philosophical sciences, professor, professor of Legal and social sciences sub-faculty, Siberian State University of Geosystems and Technologies, Berdsk
SOTNIKOVA Elena Vyacheslavovna
Ph.D. in historical sciences, associate professor, Head of Legal and social sciences sub-faculty, Siberian State University of Geosystems and Technologies, Berdsk
FORMATION OF NATURAL LAW IN THE PHILOSOPHICAL TRADITION OF ANTIQUITY
The article is devoted to the analysis of the formation of natural law theories in antiquity. This approach is due to the fact that at present the concept of natural law, on the one hand, is the most popular among researchers, on the other hand, it has not been sufficiently studied. There are many scientific approaches in modern philosophy of law regarding the origin of natural law concepts. When analyzing this phenomenon, they turn to the age of Enlightenment, which is a tradition of scientific research in the study of this concept. But it should be noted that in the era of antiquity, the first philosophical theories, considering natural law, filled it with a broader philosophical meaning than in the age of Enlightenment. The concept of natural law, developed by Enlightenment thinkers, was prepared by the philosophy of antiquity, and by such as Socrates, Plato, Aristotle, Cicero, and many others. The object of research is the philosophy of law, the subject of research is the origins of natural law in the philosophical and legal concepts of antiquity. The research methods are dialectical, historical, methods of comparison and abstraction.
Keywords: natural law, justice, philosophy of law.
Article bibliography
1. Chemurzieva E. M. Natural and positive understanding of law in ancient philosophy // Society. Philosophy. Culture. – 2021. – No. 5. – P. 168.
2. Cicero M. T. On the state. – M.: AST, 2022. – P. 39.
3. Cicero Philosophical treatises. – M.: Nauka, 1985. – P. 72.
PHILOSOPHY. RIGHT. SOCIETY
SUKHORUKOVA Nadezhda Vladilenovna
Head of the art department of the Boarding College “Arts Center for gifted children of the North”, Khanty-Mansiysk
VIRGIN MARY SYMBOLISM IN THE FORMATION OF TOBOLSK MONASTERIES
The image of the Mother of God, embodied in the temple dedication and venerationion of local miraculous images, is an important part of the spiritual development of Siberia. Tobolsk, as the spiritual center of Siberia, played a major role in the spread of Orthodoxy in the newly annexed lands. In the history of three monasteries – Tobolsk Znamensky, Abalaksky Znamensky and Tobolsk Ioanno-Vvedensky, axial events from the beginning of the 17th to the beginning of the 20th century were revealed, which became the cultural and spiritual trigger for the formation of the Theotokos cult in Siberia as the basis of the Sophia mythologeme. This was reflected not only in the spiritual dedication of monasteries, but also in the votive construction of monastery churches, the formation of legends about the miraculous icons of the Mother of God. The peculiarity of the formation of Christian history in Siberia was that its events occurred during the period of European rationalism and enlightenment.
Keywords: Siberia, Tobolsk, sacred space, Mother of God cult, monastery, miraculous icon.
Article bibliography
1. Abramov N. A. Materials for the history of Christian education of Siberia, from the time of its conquest in 1581, until the beginning of the 19th century. – St. Petersburg, 1854. – 41 p.
2. Berezina N. Abalatsky Monastery and the miraculous icon of the Sign of the Mother of God. – Kazan, 1848.
3. Bulgakov S. N. The Unfading Light. – M.: Respublika, 1994.
4. Butsinsky P. Opening of the Tobolsk Diocese and the First Tobolsk Archbishop Cyprian. – Kharkov, 1896.
5. Venedict. Description of the Tobolsk Znamensky Monastery // Tobolsk Provincial Gazette. – 1859. – No. 12-14.
6. G[olovin, P.] Historical Essays on the Existing Monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1890 / Publ. Tobolsk Provincial Type. – 3rd City. – Tobolsk: Tobolsk Provincial Type, [1889]. – P. 20-42.
7. G[olovin, P.] Historical essays on currently existing monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1891 – Tobolsk: Tobolsk provincial type., 1890. – Pp. 75-97.
8. Historical essays on currently existing monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1892 (leap period) / Publ. Tobolsk provincial type. – G. 5th.- Tobolsk: Tobolsk provincial type., 1891. – Pp. 38-106.
9. Historical essays on currently existing monasteries of the Tobolsk Diocese // Calendar of the Tobolsk Province for 1892 (leap period) / Publ. Tobolsk provincial type. – G. 5th. – Tobolsk: Tobolsk gubernia type., 1891. – Pp. 38-106, [2 pag.].
10. Eliseev E. Ioanno-Vvedensky Monastery in the City of Tobolsk // TEV. – 1902. – No. 13.
11. Nestor, hieromonk. Orthodoxy in Siberia: (Source essay): In memory of the founding of the Kamchatka Orthodox Brotherhood in the name of the Not-Made-by-Hands Image of the All-Merciful Savior… from the Kamchatka missionary, hieromonk Nestor. – St. Petersburg: Otech. type., 1910. – Pp. 4-5.
12. Novgorod First Chronicle. – M.: Publishing house of the USSR Academy of Sciences, 1950.
13. Sukhorukova N. V. Monuments of religious architecture of Tobolsk and tourism development / Oil and gas: technologies and innovations / Proceedings of the National scientific and practical conference. In 3 volumes. Volume III. Editor-in-chief N. V. Gumerova. – Publishing house: Tyumen Industrial University (Tyumen). – 2020. – Pp. 216-218.
14. Florovsky G., Archpriest. Paths of Russian theology. – Paris: YMCA-PRESSС, 1937 – P. 58.
PHILOSOPHY. LAW. SOCIETY
TRIFONOVA Tatyana Leonidovna
Ph.D. in philosophical sciences, associate professor of Philosophy and history sub-faculty, Academy of the FPS of Russia
BROVKINA Alexandra Alexeevna
Ph.D. in Law, associate professor of Philosophy and history sub-faculty, Academy of the FPS of Russia
THE CONCEPT OF “MOTHERLAND” IN THE STRUCTURE OF THE VALUE CONSCIOUSNESS OF MODERN YOUTH
The scientific article discusses the formation of the concept of Motherland in the structure of the value consciousness of modern youth. The author determined that the formation of the Motherland concept goes through a number of stages: from the initial stage of forming a feeling of love for one’s surroundings in the primary social environment to a sense of duty and responsibility to the “Big Motherland”. The determining condition for the successful sequential passage of these stages, according to the author, is a stable system of traditional values formed in society. The author conducted a sociological survey using a questionnaire among students studying at universities in Ryazan, on the basis of which he came to the conclusion that the formation of the concept “Motherland” in the structure of consciousness of modern youth in its full, undistorted value content is the key to successful existence and development of Russian civilization.
Keywords: traditional values, patriotism, Homeland “mine”, Homeland “ours”, Motherland, people.
Bibliographic list of articles
1. Gimik D. V., Gugacheva T. O., Lyulyaeva N. A.The concepts of Motherland, small homeland and home in the minds of Russians // The image of the Motherland: content, formation, actualization: materials of the V International scientific conference, April 23, 2021. – Moscow: Institution of higher education “Moscow Art and Industry Institute”, 2021. – P. 109-114.
2. Esmurzaeva Zh. B. The value component of the lexical-semantic field of the concept HOMELAND (according to the experimental data) // Bulletin of Omsk University. – 2010. – No. 4. – P. 199-204.
3. Leskinen M. V. Images of the country and peoples of the Russian Empire in textbooks for primary schools of the second half of the 19th century: forms of representation of ethnicity // Domestic and foreign pedagogy. – 2012. – No. 4. – P. 92-117.
4. Makarova O. V. The image of the homeland as a symbol of the education of a younger student // The symbol of childhood in politics: from the Cold War to the present / Ed. T. B. Ryabova, O. V. Ryabov. – St. Petersburg: Publishing house of the Herzen State Pedagogical Univ. – 2019. – P. 57-58.
5. Solovieva A. N., Solovieva T. A. Symbolism of the family in the structure of social ideas of Russians about the Motherland // Labyrinth. – 2015. – No. 1. – P. 113-125.
6. Chikaeva T. A. Analysis of approaches to the definition of the concept of “Homeland” // Bulletin of the Vyatka State University. – 2018. – No. 2. – P. 40-49.
PHILOSOPHY. RIGHT. SOCIETY
SHAKIROVA Guzel Fanilevna
master of cultural studies, leading specialist of the educational department, Institute of Humanities and Social Sciences, Ufa University of Science and Technology
THE BENEFITS OF IMPLEMENTING THE PRINCIPLES OF SOLIDARITY IN THE MODERN WORLD
The article discusses the advantages of implementing the principles of solidarity in the modern world. It is shown that the principles of solidarity can lay the foundation for the formation of values for future generations of humanity. These values will help them actively participate in building a fair, free and harmonious world, a world without wars and violence, «double standards». Today, joint efforts are needed (by states, society, public organizations, social institutions and each person) so that these principles are preserved in the socio-cultural practice of the modern world.
Keywords: solidarity, solidarity relations, culture of peace, value orientations, conflict, conflict relations, war, violence, arms race, “subhuman” state, evolution of humanity.
Article bibliography
1. Adams D. History of the concept of a culture of peace // Culture of peace and democracy. – 1997. – P. 30.
2. Baksansky O. E. Irreparable losses of the Second World War // Philosophy of war and peace. On the 70th anniversary of the Great Victory. – M.: RFO, OOO “SiDiPressArt”, 2016. – P. 255.
3. Barlybaev H. A. Solidarology. Philosophy of Solidarity. – Ufa: Kitap, 2016. – P. 29-37.
4. Guseinov A. A. Great Moralists. – M., 1995. – P. 8.
5. Oleynikov Yu. V. Mature Society: Problem, Reality, Prospects. – M., 2010. – P. 383.
6. Frank R. Darwinian Economics. Freedom, Competition, and the Common Good. – M.: Publ. Gaidar Institute, 2013. – pp. 117-118.
PHILOSOPHY. RIGHT. SOCIETY
SHCHERBAKOVA Mariya Pavlovna
Ph.D. in sociological sciences, Head of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
ALEXANDRINA Natalya Mikhaylovna
Ph.D. in Law, associate professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
PARILOV Oleg Viktorovich
Ph.D. in Law, professor, professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
TRADITION – MODERNITY – POSTMODERNITY: THE PATH FROM SACRED ABSOLUTE ETHICS TO MORAL NIHILISM
The article examines the transformation of ethical attitudes in the process of progressive change of three historical paradigms: tradition, modernity, postmodernity. In the era of tradition, moral constants were interpreted as absolute, since they had a transcendental justification. The New Age, having rejected the divine foundations of being, thereby annihilated absolute morality, allowing an imperfect person to develop moral criteria. Postmodernity, bringing the New Age attitudes to a logical conclusion, is the embodiment of moral nihilism. Interpreting moral prescriptions as a totalitarian dictatorship, postmodernist authors put forward a thesis about a modern world without morality. The idea of a transhuman, a posthuman is a logical result of the gradual loss of identities: religious, state, social, family, sexual and, finally, human. Western civilization is at the forefront of establishing a postmodern society, while Russia, in opposition to the West, has taken a course towards establishing and protecting traditional morality.
Keywords: tradition, modernity, postmodernity, ethics, morality, ontology and post-ontology, anthropology, the idea of the posthuman, civil liberties and dictatorship, preservation of traditional values, moral relativism.
Article bibliography
1. Weber M. Selected Works. Protestant Ethic and the Spirit of Capitalism. – 4th ed. / Comp. Yu. N. Davydov. – M.; St. Petersburg: Center for Humanitarian Initiatives, 2017. – 656 p.
2. Hobbes T. Leviathan, or the Matter, Form, and Power of the Ecclesiastical and Civil State. [Electronic resource]. – Access mode: http://www.civisbook.ru/files/File/Gobbs.Leviafan.pdf (date accessed: 02/04/2025).
3. Deleuze J. On the Death of Man and the Superman. [Electronic resource]. – Access mode: http: www.gumer.info (date accessed: 02/04/2025).
4. Kocherov S. N., Parilov O. V. Philosophy of the Russian Idea: monograph. – M .: Publishing House “Russian Philosophy”. – 300 p.
5. Kocherov S. N., Parilov O. V., Kondratiev V. Yu. Philosophy of the Russian Idea. – N. Novgorod: Minin University, 2018. – 288 p.
6. Nietzsche F. Works. in 2 volumes. – M.: “Mysl”, 1990. – V. 1. – 833 p.
7. Decree of the President of the Russian Federation of 09.11.2022 No. 809 “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values”. [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/48502 (date of access: 04.02.2025).
8. Fromm E. Escape from freedom. Man for himself / Transl. from English. – M.: AST; AST MOSCOW, 2006. – 571 p.
9. Foucault M. On transgression // Thanatography of Eros. Georges Bataille and French thought of the mid-twentieth century. – St. Petersburg, 1994. – P. 271-308.
10. Foucault M. Words and things. Archaeology of the humanities. – St. Petersburg: A-cad, 1994. – 408 p.
11. Fukuyama F. The End of History and the Last Man / Translated from English by M. B. Levin. – Moscow: Publishing House ACT: Polygraphizdat, 2010. – 588 p.
12. Chernyak N. A. Morality in the Postmodern Era // Bulletin of the Ural State University of Railway Engineering. – 2014. – No. 4 (24). – P. 76-82.
PHILOSOPHY. LAW. SOCIETY
VALINSKIY Bogdan Vasiljevich
postgraduate student of Historical faculty, V. P. Astafjev Krasnoyarsk State Pedagogical University
PHILOSOPHICAL UNDERSTANDING OF THE FORMATION OF THE LATE MODERN MILITARY SYSTEM: THE EXAMPLE OF FRANCE
The article presents an understanding of the formation of the military system of late Modernity from the standpoint of social philosophy. It is shown that in the period of the XVI-XVIII centuries, there was an accumulation of not only technological, but also cultural and social potential for the emergence of a new form of military system. The introduction of universal military service in France has led to increased militarization of society as a whole, and therefore the main philosophical meanings of the new set of measures to influence the population have been revealed. The methodological basis of the research was the concepts of Michel Foucault and Slavoj Zizek.
Keywords: war, military system, French Revolution, M. Foucault, S. Zizek, social transformations, ideology.
Article bibliography
1. Gobozov I. A. Social Philosophy: a textbook for universities. – 2nd ed. – Moscow: Academic Project, 2010. – 352 p.
2. Zizek S. Event. Philosophical Journey through the Concept / S. Zizek; [translated from English by D. Ya. Khamis]. – M.: RIPOL classic, 2019. – 240 p.
3. Mayer K. J. Napoleon’s soldiers: everyday life of the Great Army (Abstract) // The Patriotic War of 1812 in modern historiography. – 2012. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soldaty-napoleona-povsednevnost-velikoy-armii-referat (date of access: 10.01.2025).
4. Münkler G. Fragments of war: The evolution of violence in the 20th and 21st centuries / Translated from German by A. I. Loskutova. – M.: Kuchkovo pole, 2018. – 384 p.
5. Sidorenko I. N. Philosophy of violence: from metaphor to concept. – Minsk: BSU, 2017. – 175 p.
6. Seregin A. A. Antinomy of war in the philosophy of inequality of N. A. Berdyaev // Eurasian Law Journal. – 2022. – No. 11. – P. 398-399.
7. Salikhov G. G., Rasskazov L. D. Mental war in the context of globalization: philosophical analysis of crisis processes of society // Eurasian Law Journal. – 2021. – No. 6. – P. 518-519.
8. Sterkhov D. V. King, fatherland and the Prussian nation: state patriotism in Prussia during the Liberation Wars (1813-1815) // Magistra Vitae: electronic journal on historical sciences and archeology. – 2017. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/korol-otechestvo-i-prusskaya-natsiya-gosudarstvennyy-patriotizm-v-prussii-v-gody-osvoboditelnyh-voyn-1813-1815-gody (date of access: 11.01.2025).
9. Forrest A. Beyond the Edge of the Battlefield. Life of the Military During the Revolutionary and Napoleonic Wars / Translated from English by A. Yu. Tereshchenko. – M .: Politicheskaya encyclopedia, 2022. – 280 p.
10. Foucault M. Security, territory, population. Course of lectures delivered at the Collège de France in the 1977-1978 academic year / Translated from French by V. Yu. Bystrov, N. V. Suslova, A. V. Shestakova. – St. Petersburg: Nauka, 2011. – 544 p.
11. Foucault M. Supervise and Punish: The Birth of Prison. – Moscow: Ad Marginem Press, 2018. – 416 p.
12. Chudinov A. V. French Revolution: History and Myths / Institute of General History of the Russian Academy of Sciences. – M.: Nauka, 2007. – P. 310.
PHILOSOPHY. RIGHT. SOCIETY
KOSHMAN Nikolay Anatoljevich
competitor of Philosophy, political science and theology sub-faculty, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
PHILOSOPHY OF ARTIFICIAL INTELLIGENCE IN THE MODUS OF ETHICAL SAFETY (ON THE EXAMPLE OF EDUCATIONAL CULTURE)
This article examines the philosophy of artificial intelligence through the lens of ethical safety in the context of educational culture. The article examines how AI can improve educational practice and at the same time pose risks to fairness, trust, and human relationships that are central to the learning environment. By analyzing the philosophical underpinnings of AI, the ethical dimensions of its development, and its impact on educational culture, this study highlights the need for an interdisciplinary approach to ensure responsible integration of AI. The need to align AI innovations with human-centered values is emphasized.
Keywords: artificial intelligence, cultural philosophy, ethics, education, digital technologies, security.
Article bibliography
1. Ageyev A. I. Artificial intelligence: the vagueness of definitions in the uncertainty of realities // Philosophical sciences. – 2022. – Vol. 65, No. 1. – P. 27-43.
2. Belyaev D. A. Explication of artificial intelligence in the optics of post-human transformations: philosophical conceptualization // Traditions and innovations in the space of modern culture. – Lipetsk: LSPU named after P. P. Semenov-Tyan-Shansky, 2024. – P. 60-65.
3. Belyaev D. A. The Future of Man in the Prospect of Technoanthropological Convergences. – M .: INFRA-M, 2023. – 217 p.
4. Voronina D. K. Neural networks in education: threats, challenges and prospects // Bulletin of the Herzen State Pedagogical University. – 2024. – No. 212. – P. 126-136.
5. Dukhanina L. N., Maksimenko A. A. Problems of implementing artificial intelligence in the field of education // Prospects of science and education. – 2020. – No. 4 (46). – P. 23-35.
6. Nikitin P. V., Gorokhova R. I., Abashin V. G. Improving the online learning system by means of artificial intelligence // Prospects of science and education. – 2022. – No. 4 (58). – P. 522-539.
7. Raikov A. N. Subjectivity of explainable artificial intelligence // Philosophical sciences. – 2022. – Vol. 65, No. 1. – P. 72-90.
8. Rezaev A. V., Stepanov A. M., Tregubova N. D. Higher education in the era of artificial intelligence // Higher education in Russia. – 2024. – Vol. 33, No. 4. – P. 49-62.
PHILOSOPHY. LAW. SOCIETY
PLINTSOVSKIY Andrey Sergeevich
postgraduate student, Institute of Public Administration and Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE INCLUSIVE POTENTIAL OF PHILOSOPHICAL INTERPRETATIONS OF CREATIVITY IN THE RETROSPECT OF RUSSIAN THOUGHT OF THE XI-XIX CENTURIES
The choice of the research topic is due to the increased interest in inclusive issues. Their understanding from the perspective of philosophical anthropology is just the beginning of its development, where philosophers prefer to rely on the conceptual positions of Western authors, which limits the idea of the essential understanding of this phenomenon. In this work, an attempt is made to analyze the philosophical views of Russian thinkers of the 11th-19th centuries through the prism of the inclusive potential of creativity. The author’s conclusion indicates that the humanistic discourse of Russian philosophers is the forerunner of the emergence of an inclusive idea.
Keywords: inclusion, a person with health deficits, creativity, Russian philosophical thought, retrospective analysis.
Article bibliography
1. Berdyaev N. A. The Meaning of Creativity. An Experience of Justifying Man. – Moscow: Yurait Publishing House, 2018. – 256 p. – (Anthology of Thought).
2. Mochinskaya K. A. Synthesis in the Aspect of Love: S. L. Frank’s Metaphysics of All-Unity // Society: Philosophy, History, Culture. – 2023. – No. 9 (113). – P. 60-64. – DOI 10.24158/fik.2023.9.8. – EDN PPNKJH
3. Odoevsky V. F. Experience on pedagogical methods in the initial education of children // V. F. Odoevsky. Selected pedagogical works / Comp., ed., introduction and notes by V. Ya. Struminsky. – M.: Uchpedgiz,1955. – 368 p.
4. Pustovoit N. M. Philosophical anthropology of A. S. Khomyakov // International research journal. – 2016. – No. 7 (49). – Part 1. – P. 124-128.
5. Sudakova N. E. Man in the era of inclusion: the birth of participatory Being: Monograph. – Moscow: Buki Vedi, 2018. – 215 p.
6. Sudakova N. E. Philosophy of inclusion: paths to the host society // Music in the information space of the culture of the third millennium: problems, opinions, prospects: Coll. sci. tr. Iss. VII. – M.: RSSU, 2012. – P. 160.
7. Florovsky G. V. The meaning of history and the meaning of life // Russian philosophers (late 19th – mid 20th centuries): anthology. Issue 3 / Comp. L. G. Filonova. – M., 1996. – 315 p.
8. Khomyakov A. S. Complete Works: In 8 vols. // Collected Works: In 8 vols. – M., 1900. – Vol. 1. – P. 271-272.
PHILOSOPHY. LAW. SOCIETY
SINYUTIN Alexander Alexandrovich
assistant of Social sciences and humanities sub-faculty, M. I. Platov South Russian State Polytechnic University (NPI), Rostov-on-Don
THE PRACTICE OF PATRIOTISM IN THE STRUCTURE OF PERSONALITY DEVELOPMENT: A CULTURAL AND PHILOSOPHICAL ANALYSIS
The article examines patriotism as a socio-cultural phenomenon that occupies an important place in the formation of personality and its identity. It is shown that in the modern world, where globalization and migration are blurring borders, patriotism is becoming not only a matter of national identity, but also an important aspect of personal development. A cultural and philosophical analysis of the practices of patriotism allows for a deeper understanding of how they influence the formation of individual values, beliefs, and behavior.
Keywords: patriotism, personality, identity, practices of patriotism
Article bibliography
1. Bauman Z. Individualized society. – M.: Logos, 2005. – 390 p.
2. Belyaev E. I. The problem of personal identity in the context of world philosophy of education // Interregional Pimenov readings. – 2012. – No. 9. – P. 112-122.
3. Berdyaev N. A. Self-knowledge. – M.: Kniga, 1991. – 334 p.
4. Berger P., Luckmann T. Social construction of reality: A treatise on the sociology of knowledge. – M.: Academia-Center; Medium, 1995. – 322 p.
5. Bourdieu P. Beginnings. – M.: Socio-Logos, 1994. – 288 p.
6. Grechko P.K. Identity – a postmodern perspective // Questions of social theory. – 2010. – Vol. IV. – P. 171-190.
7. Korostyleva L.A. Psychology of self-realization of the individual: difficulties in the professional sphere. – St. Petersburg: Rech. – 2005. – 220 p.
8. Levin K. Resolution of social conflicts. – St. Petersburg: Sensor, 2000. – 407 p.
9. Marx K. Economic and philosophical manuscripts of 1844 and other early philosophical works. – Moscow: Academic project, 2010. – 775 p.
10. Mead J.G. Self and the subjective // Selected. – Moscow: RAS INION, 2009. – Pp. 156–165.
11. Mounier E. Personalism. – Moscow: Republic, 1999. – 558 p.
12. Habermas J. On the pragmatic, ethical, and moral use of practical reason // Democracy. Reason. Morality. – M.: Academy, 1995. – 252 p.
13. Goldstein K. The organism: a holistic approach to biology derived from pathological data in man. – New York: American book company, 1939. – 533 p.
PHILOSOPHY. LAW. SOCIETY
SMIRNOVA KristinaVasiljevna
educational master, researcher of Psychology, history and philosophy sub-faculty, Tver State Technical University
SOCIO-ECONOMIC AND COMMUNICATIVE PREREQUISITES FOR THE FORMATION OF A MODERN INFORMATION SOCIETY
The theory of the ontogenesis of the communicative space is inextricably linked with economic, social, and technological development. The rapid pace of continuous change requires constant philosophical reflection to understand the genesis of these transformations. Social philosophy is faced with the task of analyzing the complex processes associated with the spread of new technologies for the transition to the information society.
The main purpose of the research is to study the features of fundamental transformations of industrial relations and the consistent development of communication technologies as the main vectors of cardinal transformations in the economic, social spheres, science and education, culture and lifestyle of people, which served as prerequisites for the formation of the information society.
The article presents the philosophical views of thinkers on the continuous transformations of the XX-XXI centuries, the consistent development of communication technologies and their impact on public consciousness. The features of the functioning of social existence under the influence of digitalization are considered.
Keywords: production sector, information technology, communication, social consciousness, digitalization.
Article bibliography
1. Baudrillard J. Consumer Society / Translated from French by E. A. Samarskaya. Moscow: AST Publishing House, 2020. 320 p.
2. Zuboff Sh. The Era of Surveillance Capitalism. The Battle for the Human Future on the New Frontiers of Power / Translated from English by A. F. Vasiliev; edited by Ya. Okhonko, A. Smirnov. Moscow: Gaidar Institute Publishing House, 2024. 784 p.
3. McLuhan M. The Gutenberg Galaxy / Translated from English by A. Yudin. Kyiv: Nika-Center, Elga, 2004. 432 p.
4. Mason P. Postcapitalism: A Guide to Our Future. Moscow: Ad Marginem Press, 2016. 416 p.
5. Nichols T. The Death of Expertise: How the Internet is Killing Scientific Knowledge / Translated from English by T. L. Platonova. Moscow: Eksmo, 2019. 368 p.
6. Polyakova N. L. The 20th Century in Sociological Theories of Society. Moscow: Logos Publishing House, 2004. 384 p.
7. Severskaya O. I. Digital Losses in Communication in the Transition from “Communication” to “Information Transfer” // Journal of Applied Linguistics and Lexicography. 2019. No. 1 (2). P. 331-336.
8. Sapir E. Selected Works on Linguistics and Cultural Studies / Translated from English; general editor and introduction by A. E. Kibrik. Moscow: Progress Publishing Group, University, 1993. 656 p.
9. Srnicek N. Platform Capitalism / Translated from English and scientific editor M. Dobryakova; National Research University Higher School of Economics. 2nd ed. Moscow: HSE Publishing House, 2020. 128 p.
10. Fuller S. Post-Truth: Knowledge as a Struggle for Power / Translated from English by D. Kralechkin; scientific editor A. Smirnov. National Research University Higher School of Economics. Moscow: Publishing House House of the Higher School of Economics, 2021. 367 p.
PHILOSOPHY. LAW. SOCIETY
TARASOV Alexey Nikolaevich
Ph.D. in philosophical sciences, professor, Acting Head of Philosophy, political science and theology sub-faculty, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
KALININA Margarita Igorevna
student, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
DEDOVA Valentina Andreevna
student, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
PHILOSOPHY OF CULTURE AT THE PRESENT STAGE: PROMISING AREAS OF RESEARCH
The article is the result of the analysis of modern topical problems of the philosophy of culture. Based on the obtained data, promising areas of cultural philosophical research were identified. These include issues of studying digital culture, the dynamics of culture, transcultural analysis, and environmental philosophy of culture. The article shows that each of the identified areas already has the necessary research groundwork. It is concluded that, as always in the framework of philosophy, conducting research within the framework of these areas meets the solution to problems facing society today and in the future.
Keywords: development of science, philosophy of culture, digital culture, dynamics of culture, transcultural analysis, ecological philosophy of culture.
Article bibliography
1. Volodin A. V., Zil’ber A. S., Rifal’skii A. Yu. Kant and Shpet: convergence and divergence. Review of the international scientific conference // Questions of philosophy. – 2024. – No. 3. – P. 213-219.
2. Kedrova M. O. Autobiography as a philosophical genre: R.J. Collingwood and G. Reid // Questions of Philosophy. – 2024. – No. 2. – P. 144-155.
3. Kogai E. A. Social well-being of the population in the sociological dimension // Challenges of the modern world in the framework of social and humanitarian knowledge. In search of an alternative: Proceedings of the II All-Russian scientific and practical conference. – Izhevsk: ISTU named after M. T. Kalashnikov, 2024. – P. 287-290.
4. Kondakov I. V. From the philosophy of culture – to the philosophy of history // Questions of philosophy. – 2023. – No. 6. – P. 152-155.
5. Kretov D. V. The Phenomenon of Political Identity in the Modern Sociocultural Space // Humanitarian Studies in the Context of Modern Sociocultural Transformation: Proceedings of the XIII All-Russian Scientific and Practical Conference. – Lipetsk: LSPU named after P. P. Semenov-Tyan-Shansky, 2024. – P. 48-51.
6. Mezhuev S. On the Other Side of Utopia Two Views on Post-Industrial Labor // Logos. – 2024. – Vol. 34, No. 2 (159). – P. 195-218.
7. Osipov I. D., Rybas A. E. Theoretical Heritage of Leningrad-Petersburg Philosophy // Bulletin of the Russian Foundation for Basic Research. Humanities and Social Sciences. – 2023. – No. 4 (115). – P. 59-73.
8. Romakh O.V. Editor’s Column // Analytics of Cultural Studies. – 2016. – No. 1 (34). – P. 4.
9. Frolova N.A. Unity of Traditions and Innovations: Features of the Formation of the Orthodox Value System in the Modern World (using television and radio as an example) // Philosophy and Cultural Studies: Theory and Methodology: Proceedings of the II All-Russian Scientific and Methodological Conference. – Lipetsk: Lipetsk State Pedagogical University named after P.P. Semenov-Tyan-Shansky, 2024. – P. 108-112.
PHILOSOPHY. RIGHT. SOCIETY
SHAKIROVA Guzel Fanilevna
master of cultural studies, leading specialist of the educational department, Institute of Humanities and Social Sciences, Ufa University of Science and Technology
FORMATION OF SOLIDARITY IN MODERN RUSSIAN SOCIETY ON THE EXAMPLE OF THE REPUBLIC OF BASHKORTOSTAN
The article discusses the trends in the formation of solidarity in modern Russian society using the example of the Republic of Bashkortostan. It is shown that the formation of solidarity in modern Russian society requires comprehensive educational, social and civic activities, the role of the state, civil institutions and each person is extremely important in this process. Multinational and multicultural Bashkortostan today is one of the successfully developing, economically strong supporting regions of the Russian Federation, which in practice demonstrates the materialization of solidarity in its multicultural space.
Keywords: solidarity, culture of peace, tolerance, mutual understanding, friendship, interethnic harmony, unity, dialogue, interethnic relations, ethnocultural development, civil peace, cultural sovereignty.
Article bibliography
1. Ardashirova A. D. Ways to harmonize interethnic and interfaith relations // Historical experience of interethnic and interfaith interaction of the peoples of Russia and Bashkortostan as a factor and positive vector for further development of interethnic relations in the republic: materials of the All-Russian scientific and practical conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 116-117.
2. Bayazitov S. B. On interethnic and interfaith relations in the urban district of Ufa, Republic of Bashkortostan // Historical experience of interethnic and interfaith interaction of the peoples of Russia and Bashkortostan as a factor and positive vector for further development of interethnic relations in the republic: materials of the All-Russian scientific and practical conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 118.
3. Ibragimov A. A. Interaction of the House of Friendship of Peoples of the Republic of Bashkortostan and Municipal Authorities in the Implementation of the Activities of National-Cultural Centers // Historical Experience of Interethnic and Interfaith Interaction of the Peoples of Russia and Bashkortostan as a Factor and Positive Vector for the Further Development of Interethnic Relations in the Republic: Proceedings of the All-Russian Scientific and Practical Conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 134-136.
4. Mardanov M. Kh. Implementation of the state national policy in the Republic of Bashkortostan: problems and targets // Historical experience of interethnic and interfaith interaction of the peoples of Russia and Bashkortostan as a factor and positive vector for further development of interethnic relations in the republic: materials of the All-Russian scientific and practical conference (Ufa, September 22, 2017). – Ufa: Belaya Reka, 2017. – P. 148-149.
5. Rakhmatullina Z. Ya. Dialogue of cultures and religions as a spiritual basis for sustainable development of a multinational society (on the example of the Republic of Bashkortostan) // Bulletin of MGUKI. – 2014. – No. 2 (58). – P. 83.
6. Rakhmatullina Z. Ya. The world is based on culture: philosophical understanding. – Ufa: Bashkir State University, 2021. – P. 110.
PHILOSOPHY. LAW. SOCIETY
ZHANG Xi
Xi’an Shiyou University, College of Marxism, Major: Law, Major Code: 030101, Lecturer, PhD graduated from Northwest University of Political Science and Law
STRATEGIES AND PRACTICES OF EDUCATIONAL AND TEACHING REFORM IN COLLEGES AND UNIVERSITIES DRIVEN BY THE INTEGRATION OF INDUSTRY AND EDUCATION IN THE AGE OF INTELLIGENCE
With the rise of the intelligent era, the rapid development of technology has significantly impacted higher education, driving fundamental changes in the educational process. In this context, the integration of education and industry has become a key strategy for improving education quality and aligning talent development with industry needs. This paper explores the strategies and practical applications of education reforms driven by the integration of education and industry. It examines curriculum systems, teaching methods, industry-university cooperation, and faculty development, along with examples of successful implementation. The study also discusses the role of policies and institutional support for education-industry integration, as well as trends in higher education reforms in the intelligent era. The findings provide theoretical and practical recommendations for advancing educational reforms.
Keywords: Intelligent era, education-industry integration, higher education, teaching reforms, industry-university cooperation.
References
1. Chaka C. Fourth industrial revolution – a review of applications, prospects, and challenges for artificial intelligence, robotics and blockchain in higher education // Research and Practice in Technology Enhanced Learning. – 2023.
2. Mian S. H., Salah B., Ameen W., Moiduddin K. Adapting universities for sustainability education in industry 4.0: Channel of challenges and opportunities // Sustainability. – 2020. – Vol. 12, No. 15. – P. 6100.
3. Aithal P. S., Prabhu S., Aithal S. Future of higher education through technology prediction and forecasting // Social Science Research Network (SSRN). – 2024.
4. Miranda J., Navarrete C., Noguez J. The core components of education 4.0 in higher education: Three case studies in engineering education // ScienceDirect. – 2021.
5. Gong X. Performance evaluation of industry-education integration in higher education from the perspective of coupling coordination-an empirical study based on Chongqing // PLOS ONE. – 2024.
6. Wang L. Innovative Development Strategies for the Integration of Industry and Education in Colleges and Universities in the Internet Era // Sciendo. – 2024.
7. Zheng J. Reforming the Credential Integration Teaching Model in the Context of Industry-Education Integration // EAI Endorsed Transactions on e-Learning. – 2024.
8. Cai Y., Wang T., & Li Q. Research on the capacity of teachers in applied undergraduate education from the perspective of integration between industry and education // Clausius Press. – 2023.
9. Wang L. Innovative Development Strategies for the Integration of Industry and Education in Colleges and Universities in the Internet Era // Sciendo. – 2024.
PHILOSOPHY. RIGHT. SOCIETY
FAN Jia
postgraduate student, Faculty of History, Department of Humanities, Chinese History, Nanjing University
THE SPREAD OF BELIEF IN THE GOD OF WATER TRANSPORT IN THE JIANGNAN REGION FROM THE MING AND QING DYNASTIES
This paper explores in detail the spread and evolution of belief in the god of water transportation in the Jiangnan region from the Ming and Qing dynasties to the present day. The Jiangnan region, known for its extensive system of waterways, has become the cradle of unique beliefs related to the water element and its protectors. This article analyzes the architectural features of religious structures, worship rituals, folk tales, and historical documents to gain a deeper understanding of how the belief in the water god permeated the daily life of the people, adapted to changes in social structure, and influenced the cultural and economic aspects of the region. The article also examines how this belief influences Jiangnan’s contemporary cultural identity and how it persists and transforms in the face of globalization, continuing to play an important role in fostering social solidarity and preserving cultural heritage.
Keywords: Jiangnan, Water Transport, Ming and Qing Dynasties, belief in Water Gods, Sociocultural Influence.
Bibliographic list of articles
1. Liu Y., & Wang Y. Spatiotemporal reconstruction of beliefs in water deities in the Pearl River Delta using GIS // Religions. – 2022.
2. Zhang J. Water, Dam, and Temple: Water Deity Worship and Dam Management in the Jianghan Plain, 1788-2013 // Journal of Social History. – 2016. – No. 50. – P. 120-147.
3. Lin L. Water Deity Worship and Fishermen’s Culture in the Dongting Lake Area // Journal of Yunmeng. – 2012.
4. Hua W. Origins and Changes of the Zong San Cult in the Ming and Qing Dynasties // Historical Research in Anhui. – 2013.
5. Yan A., & Zhu S. Spatial Organization of Imperial Power: Spatial Reconstruction and Management of Jingshan Temple during Emperor Kangxi’s Southern Inspection Tours // Religions. – 2023.
6. Zhang F. Spectacle and Sacrifice: Ritual Foundations of Village Life in Northern China // China Journal. – 2011.
7. Wang Andi, Wang Chunhua, Liu Jin. Rise and Decline of Water Transport Myths on the Liaocheng Section of the Grand Canal and Rethinking Cultural Value. – 2021.
8. Hu Mengfei Analysis of the Impact of Water Transport during the Ming and Qing Dynasties on Local Culture in Xuzhou. – 2010.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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