CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №12(175)2022
![12 номер журнала](/images/2022/540_12_175_2022.jpg)
PERSONA GRATA
K. Ayvar:
Equal, economically independent, politically active, prosperous – this is how the National Strategy 2023-2030 sees a woman.
Interview with Lyudmila Ayvar, Honored Lawyer, Ph.D. in Law, Professor, Chairman of the All-Russian movement “For the Rights of Women of Russia”.
INTERNATIONAL LAW
Gataullina E. V.
The need to develop a legal framework for the protection of UNESCO heritage sites
Panov F. Yu.
The right of a third State to appeal the restrictive measures of the European Union to the Court of Justice of the European Union. The example of Venezuela
Drozdova M. A., Sorokina E. V., Udalova D. V.
Sustainable transport. International legal aspects
Otrashevskaya A. M.
Latin American integration associations and implementation of the international legal regime on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization
Afghan Abdul Salam
Self-determination and use of force in international law
Vinnitskiy D. V.
Abuse of double taxation treaties and countermeasures
Gagloev O. F.
Dual citizenship in unrecognized and limited recognized states
Latypova A. F.
Artificial intelligence technology and certain aspects of international space law
INTERNATIONAL PRIVATE LAW
Glinshchikova T. V., Nebieridze D. N.
Inheritance relations in private international law
Ermakova E. P.
Climate disputes in the Court of Justice of the European Union
Sekacheva A. A.
Legal regulation of the Protech sphere in the EU countries
Strugovets L. A.
Features of consideration of court cases on climate protection
THEORY OF STATE AND LAW
Belikov E. O.
The legal system of the People’s Republic of China on combating corruption in the light of the decisions of the XX congress of the CPC
Vilnova V. A.
Category of harm as a factor of legislative changes
Vladimirova D. S.
Public and private principles of the genomic relations legal regulation
Dovgan K. E.
Signs of framework legal acts in the Russian Federation
Karev D. A., Polkovnikova T. V.
Judicial and arbitration practice in the mechanism of financial and legal regulation
Kovalenko N. E.
Polysemy as a «trap» for legal science: an analysis of the L. I. Petrazhitskie’s works
Sidorova A. V., Efremova E. A.
Comparative legal analysis of the definition of “information” (on the example of Russia and CIS countries)
Samusenko T. M.
Law enforcement activity: purpose and functions
Vositov Kh. A.
Civil society and institutional framework protection of human rights
Zhidkikh M. A.
Signs of a delegated interpretation of the law as a kind of official interpretation of law
Musina K. S.
Juridical aspects of the interpretation of the legal personality of artificial intelligence
Khut D. Sh.
The balance of personal, public and state interests as a reflection of the essence of law
Yamshchikova E. M.
The place of declarative norms in the system of classification of norms of law
HISTORY OF STATE AND LAW
Antonenko T. F., Berdnikova S. A., Orlova S. V.
The legal regulation of working time, organization of labour in Siberian gold mines in the 19th century
Evseev I. V.
From the history of the Verkhneuralskaya prison: Hypotheses of the martyrdom of Peter Krutitsky
Mammadov T. S.
Formation of a policy in the field of disaster management applied in the Republic of Turkey
Antonenko T. F., Berdnikova S. A., Orlova S. V.
Missionary activity of the Russian Orthodox Church among Muslims in Western Siberia in the XIX century
CONSTITUTIONAL LAW
Artyshko K. V., Ozerov O. E.
The problems of overcoming the digital divide in Russia: the right to internet access and its relationship to the constitutional right to equal opportunity
Sisakyan A. K.
Constitutional consciousness is the highest form of legal consciousness in society and the state
ADMINISTRATIVE LAW
Dibirov Yu. S.
Problems of administrative reform and ways to solve them at the latest stage of development of Russian public administration
Zinkov E. N., Golubtsova K. I.
On the issue of the application of administrative preventive measures
Plekhanova E. A., Rudnitskaya A. P., Akhmetova G. Z.
Development of a draft list of documents generated in the course of the activities of the Ministry of Education and Science of Russia and its subordinate organizations, indicating the periods of storage
Ponomarev O. V., Yurtaev V. A., Sergeeva K. A.
The powers of the Federal Tax Service to identify and disclose tax crimes: expandable, cannot be limited
Posulikhina N. S.
Actual problems of providing medical care using telemedicine technologies
ADMINISTRATIVE JUDICIARY
Mityashova A. A., Ivanenko I. N., Rodin D. Ya.
On the issue of preliminary protection measures in an administrative claim
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
On the issue of the implementation of the provisions on the bankruptcy of individuals
Dambaeva I. V.
On the issue of the functions of a notary in civil circulation
Sergeeva K. A., Yurtaev V. A., Vronskaya M. V.
Deleting a customer review: legal regulation and jurisprudence
Zakharov K. L., Sikach A. S., Karpukhina E. S., Chekulaev S. S.
Comparative legal analysis of child protection institutions in the Russian Federation and people Republic of China
Zimneva S. V., Avdeev K. O.
The corellation of the deposit and the security deposit as ways to secure obligations in civil law
Kirsanov A. N., Grevtsev N. A.
About some aspects of the broker’s interaction with the retail investor
Lystsev B. S., Vaneeva M. A.
On the issue of administrative activities of the police, carried out in the prevention, detection and suppression of offenses in the field of property protection
Malenkaya E. A., Malinova A. G.
Limits of free use of works in the application of online technologies in the educational process
Vishnyakov R. V.
Cryptocurrency and other virtual currency in cash and other obligations under the legislation of the Russian Federation
Ermolenko K. I., Pupyshev M. A., Malakhov A. V.
The expediency of introducing the single property unit concept in Russia
Kostin A. V.
The adaptation of civil law for filling the blanks in the criminal legislation
Lystsev B. S., Konovalova S. I., Zakharova E. E.
Features of legal regulation of horticultural non-profit partnerships
Marakhovskaya K. G., Karpets S. I., Platonova A. D., Malakhov A. V.
Some problems of land easement’s legal regulation in the Russian Federation
Nabiullin E. F.
Modern trends in the legal regulation of insolvency (bankruptcy)
Milentenkova Ya. V.
On the question of the ratio of contractual and non-contractual (tort) liability
Samanba I.L.
Protection of citizens’ rights in winter
CIVIL PROCESS
Vaskina A. A., Gaevaia A. A.
Actual problems of accessibility of justice in civil proceedings
Afanasjeva N. V.
Actual problems of application of Article 50 of the Civil Procedure Code of the Russian Federation
Monakhov G. D., Vaskina A. A.
Dissenting opinion of judges of courts of general jurisdiction: advantages and disadvantages and foreign experience
LABOUR LAW
German E. S., Lomakina I. G.
Relocation as an effective way to minimize the risks of large companies “leaving” the Russian market
Klevtsov M. I., Olovyannikova A. S.
The role of trade unions in the life of modern Russian society
FAMILY LAW
Artyshko K. V., Ozerov O. E.
On the legalization (legitimization) of religious (confessional) marriages in Russian Federation
ECOLOGICAL LAW
Gasanov O. B.
Russian and American experience in legal regulation of activities in zones with special conditions for the use of territories: a comparative study
HOUSING LAW
Ananjeva E. O. Mishina A. A.
Problems of observance of the constitutional right of a person and a citizen to housing by the example of providing them to young families
LAND LAW
Olovyannikova A. S., Klevtsov M. I.
The importance of geoinformation technologies in the regulation of land legal relations
FINANCIAL LAW
Nikolaenko N. S., Derendyaeva S. D., Ponomarev O. V.
Directions for improving the formation and execution of the municipal budget (on the example of the Dalnerechensk city district)
Shulga A. A., Shildt L. A.
Assessment of foreign investment trends in special economic zones of the Russian Federation
ENTREPRENEURIAL LAW
Ananjeva E. O., Krut A. A.
Coaching in the organization’s personnel management
Magonya P. D.
Features of antimonopoly regulation in digital markets
CRIMINAL LAW
Bazhanov S. A., Kovalenkova V. O.
On the issue of the impact on the number of the “prison population” of decriminalization of certain minor and moderate crimes (based on the results of monitoring conducted in 2016)
Gridneva M. V.
Features of execution of compulsory works in modern conditions
Eremina A. A., Vassalatiy Z. V.
On the question of the qualification of the murder of a newborn child by a mother: theoretical and practical problems
Zorina N. S.
The identity of the juvenile offender and the victim of the crime
Kvitko A. V.
Environmental crime: features, causes of a high level of latency, problems of detection and disclosure
Kuzmin S. S., Lakeev A. A.
Prospects for the death penalty as a type of criminal punishment in Russian criminal law
Makarov R. V., Gabdrakhmanov F. V.
Serious harm to health due to negligence (article 118 of the Criminal Code of the Russian Federation): mistakes of the law enforcement officer, their causes and consequences
Osadchaya N., Plokhotnyuk A. N.
Some problems of improving the criminal law counteraction to corruption in the economic sphere
Novoselova S. S.
Problems of determining time limits when a mother kills a newborn child
Pantyushina A. I.
Public dissemination of knowingly false socially significant information that entailed grave consequences (Article 207.2 of the Criminal Code of the Russian Federation): features of the objective side of the crime
Rastoropov S. V., Rastoropova O. V.
Issues of extradition to friendly states of persons who have committed crimes that are not punishable by imprisonment in the Russian Federation
Stupina S. A.
Criminal liability for sabotage activities through the prism of legislative novels
Shlomina V. V.
The phenomenon of schoolshooting as a social and legal problem of our time
Omarashabov M., Kukhtyaeva E. A.
On the effectiveness of the application of exemption from criminal liability for crimes in the field of economics
Sych K. A.
A positive method in the history of the science of criminal law
Yakimova E. M., Egorov Yu. N., Soshin A. A.
Peculiarities of qualification of related crimes and administrative offenses in the sphere of money circulation
Bazhanov S. A.
On the issue of changing the investigative and judicial practice under Article 157 of the Criminal Code of the Russian Federation in connection with the entry into force of Federal Law No. 323-FZ of July 3, 2016 (based on the results of a study conducted in 2016-2017)
Simonyan S. A.
Stages of development of legislation governing the relationship of shared construction, the formation of responsibility for violation of construction legislation
Surovikina A. E.
The prevention of the use of the Internet for the importation into the territory of the Russian Federation and the sale of falsified, substandard and unregistered medicines and medical devices
Grishin N. S.
Non-compliance with safety requirements as a Constructive sign of the corpus delicti provided for in Article 238 of the Criminal Code of the Russian Federation
Marakhovskaya K. G., Karpets S. I., Derendyaeva S. D.
The problem of plagiarism in the scientific and educational sphere
Nechevin I. D.
Victimological aspects of trafficking in adolescents: history and modernity
Tatarinov A. V.
Peculiarities of sentencing for drug addicts
Ulyanov A. S.
On the question of the grounds for constructing a list of criminal penalties
CRIMINAL PROCESS
Аrkhipkin I. V., Kornakova S. V.
On the question of the asymmetry of the rules on the admissibility of evidence
Konovalova E. E.
Problems of the “specialized explanatory dictionary” in modern criminal procedure legislation
Kurbatova G. V., Tsybulskaya G. Z.
Historical prerequisites for the origin of the institute of people’s representation in judicial proceedings
Magomedova K. B., Ramazanov T. B.
Prosecutor’s supervision at the stage of initiation of a criminal case
Sochivko O. I.
Features of the investigation of operational investigatives groups of murders committed in conditions of non-obviousness
Polikarpova O. S.
On the question of the permissible period of non-appearance of the defender invited to participate in investigative and other procedural actions
Rastoropov S. V., Petrova T. N., Chigrina O. R.
Expert assessment of inadequate medical care in criminal proceedings: the pursuit of quantity or quality?
Senchenko S. K.
On the question of the independence of a lawyer in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Bazhanov S. A., Zhilyaev R. M.
On the issue of changing the number of convicts for theft and petty theft committed by a person subjected to administrative punishment
Gamzatova M. M., Kukhtyaeva E. A.
The concept and legal regulation of the use of corrective measures to convicts
Klopotenko A. G.
Short-term visits of convicts outside the correctional institution: problems of the grounds for the realization of legitimate interest
Utkina T. V.
Prevention and caution as a means of ensuring the execution of punishments without isolation from society
Chulunov E. A.
Correctional labor criminal-legal aspect
CRIMINALISTICS
Bugera M. A.
To the question of the features of the criminalistic characteristics of theft of the means of Krasnenko Yu. V.
The current state and impact of criminalistic activities on the effectiveness of the disclosure and investigation of crimes
cellular communication
Minkina E. S.
Criminalistic characteristics of crimes committed by an organized criminal group: legal and analytical aspect
Selyuzhitskaya G. M.
Features of pre-investigation verification of reports of fraud committed against the elderly
Khorev M. V.
The problem of determining the source of increased danger for the purposes of forensics
Shamurzaev T. T., Ardashev R. G.
Forensic medical assessment of the death of sports tourists (climbers) in mountainous areas
Isaev A. I.
Features of inspection in cases of smuggling alcoholic products and (or) tobacco products
CRIMINOLOGY
Konopleva A. D., Terekhov A. M., Kuvychkov S. I., Mazunova A. A.
Analysis of the results of consideration of corruption-related criminal cases that passed through the district courts of the Nizhny Novgorod region
Sokolov I. A.
Information security of the Prosecutor’s Office of the Russian Federation: essence, content, basic concepts
Stupina S. A.
Factors of narcosis of women in a separate region of the Russian Federation: on the example of the Krasnoyarsk Territory
Chakiev M. A.
On the issue of guaranteeing the rights and legitimate interests of disabled people who have become victims of socially dangerous acts
JUDICIARY
Ermakova E. P.
The impact of climate litigation on the activities of Governments in the field of “climate change”: strategic lawsuits
LAW ENFORCEMENT AGENCIES
Ivanova L. A.
Activities of internal affairs bodies during mass events
HUMAN RIGHTS
Ospishchev R. I.
Actual problems of the legal status of foreigners in the Russian Federation
STATE AND LAW
Kushkhov Kh. L.
To the question of the principles of relations between public authorities and religious associations
Gavrikova A. M.
Supreme power: elements, types and functions
PEDAGOGY AND LAW
Egorenkov D. V., Beletskiy A. A.
About some questions education of the higher education system of the Ministry of Internal Affairs
Latypova E. R., Egorova D. D.
Inter-ethnic and intercultural communication of students in higher educational institutions
Nedzelyuk T. G.
Project activity in teaching the course “History of State and Law of foreign countries” for law students
Shartdinov A. S., Sergeev A. P., Madzhuga A. G.
Formation of professional competence of cadets of the military training center of the university in the context of interactive learning
POLICY AND LAW
Mityaeva Yu. V., Vidova T. A., Golovastova Yu. A.
Political and legal analysis of the essential aspects of the implementation of the concept of migration policy of the Russian Federation, its development and improvement
SOCIOLOGY AND LAW
Ustinova O. V.
Social well-being of the population of rural settlements
Yakupova G. A., Gabdrakhmanova L. N., Valitova N. E., Gareev E. S., Minkovich A. M.
Достоинства и недостатки блогосферы в современной России
ECONOMY. LAW. SOCIETY
Grin D. M.
Study on corruption effects on the Russian economic growth
Karpov A. A.
Economic and legal status of the region in the system of state management of spatial development of Russia
Klyavlina Ya. M., Klyavlin M. S., Mustafina A. I., Danilov N. V.
Energy-saving measures in the ventilation system
Mehdiyev S. T., Suleymanova F. Kh., Bondarenko A. V.
Advertising products of the banking sector
Popova Yu. A.
The problem of determining the discount rate for accounting for lease transactions according to FSB 25/2018
Shalagin A. Yu., Kharisova K. R., Latypova E. R.
Financing of post-pandemic health care
Chumlyakov K. S., Chumlyakova D. V.
Formation of a portfolio of strategies for the internationalization of transport infrastructure
Brondz V. A.
Theoretical prerequisites for the formation of an innovative enterprise environment
Galimnurov A. F.
Innovative factors of transition from the post-industrial to the digital era of society development
Dolda N. I.
Prospects for the internationalization of Russian small and medium enterprises using internet trading plants
Yantudin A. N., Kireeva O. A.
Competition as a vector of the development of the corporate r&d complex of a vertically integrated oil and gas producing company
PHILOSOPHY. LAW. SOCIETY
Kostina О. V., Shugurov M. V.
The mystical component of M. Heidegger’s ontological search: directions and results of interdisciplinary synthesis
Timoschuk A. S.
Russia and the world: cognitive and semantic operators of the future
Chudina-Schmidt Natalya Vitaljevna
Extremism and terrorism: from thought to action
Khazipova E. R.
The role of beliefs about the world and values as behavioral determinants of modern youth
Khismatullin S. A.
Features of the political consciousness of young people
Iksanov R. A., Garipov H. K., Ilyasov R. R.
General trends in the development of domestic legislation in the field of land easements
Rakhmatullina Z. Ya., Kutlova R. R.
General trends in the development of domestic legislation in the field of land easements
REVIEW
Ustinova O. V., Pivovarova I. V.
Social security: research results
K. Ayvar:
Equal, economically independent, politically active, prosperous – this is how the National Strategy 2023-2030 sees a woman.
Interview with Lyudmila Ayvar, Honored Lawyer, Ph.D. in Law, Professor, Chairman of the All-Russian movement “For the Rights of Women of Russia”.
INTERNATIONAL LAW
Gataullina E. V.
The need to develop a legal framework for the protection of UNESCO heritage sites
Panov F. Yu.
The right of a third State to appeal the restrictive measures of the European Union to the Court of Justice of the European Union. The example of Venezuela
Drozdova M. A., Sorokina E. V., Udalova D. V.
Sustainable transport. International legal aspects
Otrashevskaya A. M.
Latin American integration associations and implementation of the international legal regime on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization
Afghan Abdul Salam
Self-determination and use of force in international law
Vinnitskiy D. V.
Abuse of double taxation treaties and countermeasures
Gagloev O. F.
Dual citizenship in unrecognized and limited recognized states
Latypova A. F.
Artificial intelligence technology and certain aspects of international space law
INTERNATIONAL PRIVATE LAW
Glinshchikova T. V., Nebieridze D. N.
Inheritance relations in private international law
Ermakova E. P.
Climate disputes in the Court of Justice of the European Union
Sekacheva A. A.
Legal regulation of the Protech sphere in the EU countries
Strugovets L. A.
Features of consideration of court cases on climate protection
THEORY OF STATE AND LAW
Belikov E. O.
The legal system of the People’s Republic of China on combating corruption in the light of the decisions of the XX congress of the CPC
Vilnova V. A.
Category of harm as a factor of legislative changes
Vladimirova D. S.
Public and private principles of the genomic relations legal regulation
Dovgan K. E.
Signs of framework legal acts in the Russian Federation
Karev D. A., Polkovnikova T. V.
Judicial and arbitration practice in the mechanism of financial and legal regulation
Kovalenko N. E.
Polysemy as a «trap» for legal science: an analysis of the L. I. Petrazhitskie’s works
Sidorova A. V., Efremova E. A.
Comparative legal analysis of the definition of “information” (on the example of Russia and CIS countries)
Samusenko T. M.
Law enforcement activity: purpose and functions
Vositov Kh. A.
Civil society and institutional framework protection of human rights
Zhidkikh M. A.
Signs of a delegated interpretation of the law as a kind of official interpretation of law
Musina K. S.
Juridical aspects of the interpretation of the legal personality of artificial intelligence
Khut D. Sh.
The balance of personal, public and state interests as a reflection of the essence of law
Yamshchikova E. M.
The place of declarative norms in the system of classification of norms of law
HISTORY OF STATE AND LAW
Antonenko T. F., Berdnikova S. A., Orlova S. V.
The legal regulation of working time, organization of labour in Siberian gold mines in the 19th century
Evseev I. V.
From the history of the Verkhneuralskaya prison: Hypotheses of the martyrdom of Peter Krutitsky
Mammadov T. S.
Formation of a policy in the field of disaster management applied in the Republic of Turkey
Antonenko T. F., Berdnikova S. A., Orlova S. V.
Missionary activity of the Russian Orthodox Church among Muslims in Western Siberia in the XIX century
CONSTITUTIONAL LAW
Artyshko K. V., Ozerov O. E.
The problems of overcoming the digital divide in Russia: the right to internet access and its relationship to the constitutional right to equal opportunity
Sisakyan A. K.
Constitutional consciousness is the highest form of legal consciousness in society and the state
ADMINISTRATIVE LAW
Dibirov Yu. S.
Problems of administrative reform and ways to solve them at the latest stage of development of Russian public administration
Zinkov E. N., Golubtsova K. I.
On the issue of the application of administrative preventive measures
Plekhanova E. A., Rudnitskaya A. P., Akhmetova G. Z.
Development of a draft list of documents generated in the course of the activities of the Ministry of Education and Science of Russia and its subordinate organizations, indicating the periods of storage
Ponomarev O. V., Yurtaev V. A., Sergeeva K. A.
The powers of the Federal Tax Service to identify and disclose tax crimes: expandable, cannot be limited
Posulikhina N. S.
Actual problems of providing medical care using telemedicine technologies
ADMINISTRATIVE JUDICIARY
Mityashova A. A., Ivanenko I. N., Rodin D. Ya.
On the issue of preliminary protection measures in an administrative claim
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
On the issue of the implementation of the provisions on the bankruptcy of individuals
Dambaeva I. V.
On the issue of the functions of a notary in civil circulation
Sergeeva K. A., Yurtaev V. A., Vronskaya M. V.
Deleting a customer review: legal regulation and jurisprudence
Zakharov K. L., Sikach A. S., Karpukhina E. S., Chekulaev S. S.
Comparative legal analysis of child protection institutions in the Russian Federation and people Republic of China
Zimneva S. V., Avdeev K. O.
The corellation of the deposit and the security deposit as ways to secure obligations in civil law
Kirsanov A. N., Grevtsev N. A.
About some aspects of the broker’s interaction with the retail investor
Lystsev B. S., Vaneeva M. A.
On the issue of administrative activities of the police, carried out in the prevention, detection and suppression of offenses in the field of property protection
Malenkaya E. A., Malinova A. G.
Limits of free use of works in the application of online technologies in the educational process
Vishnyakov R. V.
Cryptocurrency and other virtual currency in cash and other obligations under the legislation of the Russian Federation
Ermolenko K. I., Pupyshev M. A., Malakhov A. V.
The expediency of introducing the single property unit concept in Russia
Kostin A. V.
The adaptation of civil law for filling the blanks in the criminal legislation
Lystsev B. S., Konovalova S. I., Zakharova E. E.
Features of legal regulation of horticultural non-profit partnerships
Marakhovskaya K. G., Karpets S. I., Platonova A. D., Malakhov A. V.
Some problems of land easement’s legal regulation in the Russian Federation
Nabiullin E. F.
Modern trends in the legal regulation of insolvency (bankruptcy)
Milentenkova Ya. V.
On the question of the ratio of contractual and non-contractual (tort) liability
Samanba I.L.
Protection of citizens’ rights in winter
CIVIL PROCESS
Vaskina A. A., Gaevaia A. A.
Actual problems of accessibility of justice in civil proceedings
Afanasjeva N. V.
Actual problems of application of Article 50 of the Civil Procedure Code of the Russian Federation
Monakhov G. D., Vaskina A. A.
Dissenting opinion of judges of courts of general jurisdiction: advantages and disadvantages and foreign experience
LABOUR LAW
German E. S., Lomakina I. G.
Relocation as an effective way to minimize the risks of large companies “leaving” the Russian market
Klevtsov M. I., Olovyannikova A. S.
The role of trade unions in the life of modern Russian society
FAMILY LAW
Artyshko K. V., Ozerov O. E.
On the legalization (legitimization) of religious (confessional) marriages in Russian Federation
ECOLOGICAL LAW
Gasanov O. B.
Russian and American experience in legal regulation of activities in zones with special conditions for the use of territories: a comparative study
HOUSING LAW
Ananjeva E. O. Mishina A. A.
Problems of observance of the constitutional right of a person and a citizen to housing by the example of providing them to young families
LAND LAW
Olovyannikova A. S., Klevtsov M. I.
The importance of geoinformation technologies in the regulation of land legal relations
FINANCIAL LAW
Nikolaenko N. S., Derendyaeva S. D., Ponomarev O. V.
Directions for improving the formation and execution of the municipal budget (on the example of the Dalnerechensk city district)
Shulga A. A., Shildt L. A.
Assessment of foreign investment trends in special economic zones of the Russian Federation
ENTREPRENEURIAL LAW
Ananjeva E. O., Krut A. A.
Coaching in the organization’s personnel management
Magonya P. D.
Features of antimonopoly regulation in digital markets
CRIMINAL LAW
Bazhanov S. A., Kovalenkova V. O.
On the issue of the impact on the number of the “prison population” of decriminalization of certain minor and moderate crimes (based on the results of monitoring conducted in 2016)
Gridneva M. V.
Features of execution of compulsory works in modern conditions
Eremina A. A., Vassalatiy Z. V.
On the question of the qualification of the murder of a newborn child by a mother: theoretical and practical problems
Zorina N. S.
The identity of the juvenile offender and the victim of the crime
Kvitko A. V.
Environmental crime: features, causes of a high level of latency, problems of detection and disclosure
Kuzmin S. S., Lakeev A. A.
Prospects for the death penalty as a type of criminal punishment in Russian criminal law
Makarov R. V., Gabdrakhmanov F. V.
Serious harm to health due to negligence (article 118 of the Criminal Code of the Russian Federation): mistakes of the law enforcement officer, their causes and consequences
Osadchaya N., Plokhotnyuk A. N.
Some problems of improving the criminal law counteraction to corruption in the economic sphere
Novoselova S. S.
Problems of determining time limits when a mother kills a newborn child
Pantyushina A. I.
Public dissemination of knowingly false socially significant information that entailed grave consequences (Article 207.2 of the Criminal Code of the Russian Federation): features of the objective side of the crime
Rastoropov S. V., Rastoropova O. V.
Issues of extradition to friendly states of persons who have committed crimes that are not punishable by imprisonment in the Russian Federation
Stupina S. A.
Criminal liability for sabotage activities through the prism of legislative novels
Shlomina V. V.
The phenomenon of schoolshooting as a social and legal problem of our time
Omarashabov M., Kukhtyaeva E. A.
On the effectiveness of the application of exemption from criminal liability for crimes in the field of economics
Sych K. A.
A positive method in the history of the science of criminal law
Yakimova E. M., Egorov Yu. N., Soshin A. A.
Peculiarities of qualification of related crimes and administrative offenses in the sphere of money circulation
Bazhanov S. A.
On the issue of changing the investigative and judicial practice under Article 157 of the Criminal Code of the Russian Federation in connection with the entry into force of Federal Law No. 323-FZ of July 3, 2016 (based on the results of a study conducted in 2016-2017)
Simonyan S. A.
Stages of development of legislation governing the relationship of shared construction, the formation of responsibility for violation of construction legislation
Surovikina A. E.
The prevention of the use of the Internet for the importation into the territory of the Russian Federation and the sale of falsified, substandard and unregistered medicines and medical devices
Grishin N. S.
Non-compliance with safety requirements as a Constructive sign of the corpus delicti provided for in Article 238 of the Criminal Code of the Russian Federation
Marakhovskaya K. G., Karpets S. I., Derendyaeva S. D.
The problem of plagiarism in the scientific and educational sphere
Nechevin I. D.
Victimological aspects of trafficking in adolescents: history and modernity
Tatarinov A. V.
Peculiarities of sentencing for drug addicts
Ulyanov A. S.
On the question of the grounds for constructing a list of criminal penalties
CRIMINAL PROCESS
Аrkhipkin I. V., Kornakova S. V.
On the question of the asymmetry of the rules on the admissibility of evidence
Konovalova E. E.
Problems of the “specialized explanatory dictionary” in modern criminal procedure legislation
Kurbatova G. V., Tsybulskaya G. Z.
Historical prerequisites for the origin of the institute of people’s representation in judicial proceedings
Magomedova K. B., Ramazanov T. B.
Prosecutor’s supervision at the stage of initiation of a criminal case
Sochivko O. I.
Features of the investigation of operational investigatives groups of murders committed in conditions of non-obviousness
Polikarpova O. S.
On the question of the permissible period of non-appearance of the defender invited to participate in investigative and other procedural actions
Rastoropov S. V., Petrova T. N., Chigrina O. R.
Expert assessment of inadequate medical care in criminal proceedings: the pursuit of quantity or quality?
Senchenko S. K.
On the question of the independence of a lawyer in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Bazhanov S. A., Zhilyaev R. M.
On the issue of changing the number of convicts for theft and petty theft committed by a person subjected to administrative punishment
Gamzatova M. M., Kukhtyaeva E. A.
The concept and legal regulation of the use of corrective measures to convicts
Klopotenko A. G.
Short-term visits of convicts outside the correctional institution: problems of the grounds for the realization of legitimate interest
Utkina T. V.
Prevention and caution as a means of ensuring the execution of punishments without isolation from society
Chulunov E. A.
Correctional labor criminal-legal aspect
CRIMINALISTICS
Bugera M. A.
To the question of the features of the criminalistic characteristics of theft of the means of Krasnenko Yu. V.
The current state and impact of criminalistic activities on the effectiveness of the disclosure and investigation of crimes
cellular communication
Minkina E. S.
Criminalistic characteristics of crimes committed by an organized criminal group: legal and analytical aspect
Selyuzhitskaya G. M.
Features of pre-investigation verification of reports of fraud committed against the elderly
Khorev M. V.
The problem of determining the source of increased danger for the purposes of forensics
Shamurzaev T. T., Ardashev R. G.
Forensic medical assessment of the death of sports tourists (climbers) in mountainous areas
Isaev A. I.
Features of inspection in cases of smuggling alcoholic products and (or) tobacco products
CRIMINOLOGY
Konopleva A. D., Terekhov A. M., Kuvychkov S. I., Mazunova A. A.
Analysis of the results of consideration of corruption-related criminal cases that passed through the district courts of the Nizhny Novgorod region
Sokolov I. A.
Information security of the Prosecutor’s Office of the Russian Federation: essence, content, basic concepts
Stupina S. A.
Factors of narcosis of women in a separate region of the Russian Federation: on the example of the Krasnoyarsk Territory
Chakiev M. A.
On the issue of guaranteeing the rights and legitimate interests of disabled people who have become victims of socially dangerous acts
JUDICIARY
Ermakova E. P.
The impact of climate litigation on the activities of Governments in the field of “climate change”: strategic lawsuits
LAW ENFORCEMENT AGENCIES
Ivanova L. A.
Activities of internal affairs bodies during mass events
HUMAN RIGHTS
Ospishchev R. I.
Actual problems of the legal status of foreigners in the Russian Federation
STATE AND LAW
Kushkhov Kh. L.
To the question of the principles of relations between public authorities and religious associations
Gavrikova A. M.
Supreme power: elements, types and functions
PEDAGOGY AND LAW
Egorenkov D. V., Beletskiy A. A.
About some questions education of the higher education system of the Ministry of Internal Affairs
Latypova E. R., Egorova D. D.
Inter-ethnic and intercultural communication of students in higher educational institutions
Nedzelyuk T. G.
Project activity in teaching the course “History of State and Law of foreign countries” for law students
Shartdinov A. S., Sergeev A. P., Madzhuga A. G.
Formation of professional competence of cadets of the military training center of the university in the context of interactive learning
POLICY AND LAW
Mityaeva Yu. V., Vidova T. A., Golovastova Yu. A.
Political and legal analysis of the essential aspects of the implementation of the concept of migration policy of the Russian Federation, its development and improvement
SOCIOLOGY AND LAW
Ustinova O. V.
Social well-being of the population of rural settlements
Yakupova G. A., Gabdrakhmanova L. N., Valitova N. E., Gareev E. S., Minkovich A. M.
Достоинства и недостатки блогосферы в современной России
ECONOMY. LAW. SOCIETY
Grin D. M.
Study on corruption effects on the Russian economic growth
Karpov A. A.
Economic and legal status of the region in the system of state management of spatial development of Russia
Klyavlina Ya. M., Klyavlin M. S., Mustafina A. I., Danilov N. V.
Energy-saving measures in the ventilation system
Mehdiyev S. T., Suleymanova F. Kh., Bondarenko A. V.
Advertising products of the banking sector
Popova Yu. A.
The problem of determining the discount rate for accounting for lease transactions according to FSB 25/2018
Shalagin A. Yu., Kharisova K. R., Latypova E. R.
Financing of post-pandemic health care
Chumlyakov K. S., Chumlyakova D. V.
Formation of a portfolio of strategies for the internationalization of transport infrastructure
Brondz V. A.
Theoretical prerequisites for the formation of an innovative enterprise environment
Galimnurov A. F.
Innovative factors of transition from the post-industrial to the digital era of society development
Dolda N. I.
Prospects for the internationalization of Russian small and medium enterprises using internet trading plants
Yantudin A. N., Kireeva O. A.
Competition as a vector of the development of the corporate r&d complex of a vertically integrated oil and gas producing company
PHILOSOPHY. LAW. SOCIETY
Kostina О. V., Shugurov M. V.
The mystical component of M. Heidegger’s ontological search: directions and results of interdisciplinary synthesis
Timoschuk A. S.
Russia and the world: cognitive and semantic operators of the future
Chudina-Schmidt Natalya Vitaljevna
Extremism and terrorism: from thought to action
Khazipova E. R.
The role of beliefs about the world and values as behavioral determinants of modern youth
Khismatullin S. A.
Features of the political consciousness of young people
Iksanov R. A., Garipov H. K., Ilyasov R. R.
General trends in the development of domestic legislation in the field of land easements
Rakhmatullina Z. Ya., Kutlova R. R.
General trends in the development of domestic legislation in the field of land easements
REVIEW
Ustinova O. V., Pivovarova I. V.
Social security: research results
INTERNATIONAL LAW
GATAULLINA Elina Vinerovna
senior lecturer of International law and international relationship sub-faculty of the Institute of Law of the Ufa University of Science and Technologies, Executive Director of the Committee of the Republic of Bashkortostan for UNESCO
THE NEED TO DEVELOP A LEGAL FRAMEWORK FOR THE PROTECTION OF UNESCO HERITAGE SITES
The purpose of this study is to discuss the main issues related to the legal nature of the obligation to protect geoparks. This problem has become particularly relevant relatively recently, although it arose much earlier. Interest in it, however, is constantly growing, as evidenced by the systematically increasing regulatory framework and numerous monographs devoted to the analysis of many legal institutions for the protection of UNESCO geoparks and sites. This interest is also due to the development of the UNESCO movement and the number of sites inscribed on the UNESCO World Heritage List.
Keywords: UNESCO movement, geopark, law, social and economic development, The World Heritage Convention.
Reference bibliographic list
1. Law of the Republic of Bashkortostan dated September 27, 2022 No. 609-z “On Geoparks in the Republic of Bashkortostan”. – [Electronic resource]. – Access mode: https://npa.bashkortostan.ru/36586/ (date of access: 12/12/2022).
2. Maksakovskiy N.V. Preliminary list of the World Heritage of Russia: history of development, modern composition, ways of optimization // Heritage and modernity. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/predvaritelnyy-spisok-vsemirnogo-naslediya-rossii-istoriya-razvitiya-sovremennyy-sostav-puti-optimizatsii (date of access: 12/20/2022).
3. Sirojiddinov Z., Madatov R. A., Madatov A. Problems of preservation of architectural monuments of Uzbekistan // Synergy. – 2018. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-sohraneniya-arhitekturnyh-pamyatnikov-uzbekistana (date of access: 12/19/2022).
4. Why include cultural heritage sites in the UNESCO lists. – [Electronic resource]. – Access mode: https://www.sb.by/articles/unasledovat-chtoby-sokhranit.html (date of access: 12/12/2022).
INTERNATIONAL LAW
PANOV Philip Yurjevich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
THE RIGHT OF A THIRD STATE TO APPEAL THE RESTRICTIVE MEASURES OF THE EUROPEAN UNION TO THE COURT OF JUSTICE OF THE EUROPEAN UNION. THE EXAMPLE OF VENEZUELA
On June 22, 2021, the Court of Appeal of the European Union in the case C-872/19 P Venezuela v Council overturned the decision of the Court of General Jurisdiction of the EU and still recognized that non-EU states have the right to appeal to the EU courts restrictive measures taken by the institutions of the Union. This decision came as a surprise to the Council of the European Union (the respondent) and the European Commission and a number of member States of the Union supporting its position, who were convinced that the constituent acts of the European Union and, in particular, article 263 of the Treaty on the Functioning of the European Union do not give the court the right to consider claims of third States for the annulment of acts of the Union.
The author examines the rules of jurisdiction of disputes to the Court of the European Union in the category of cases on lifting sanctions and examines the reasons and grounds for which non-EU states were included by the EU Court in the circle of persons capable of challenging the Union’s normative legal acts under Article 263 of the TFEU.
Keywords: Court of the European Union, restrictive measures, sanctions, locus standi, jurisdiction of the dispute, Venezuela.
Reference bibliographic list
1. Alexander K. Economic Sanctions: Law and Public Policy. New York, 2009, p. 359.
2. Glandin S. V. Is it possible to achieve exclusion from the sanctions list of the European Union? // International justice. 2016. No. 2 (18). pp. 46-60.
3. Glandin S. V. – Formation of the constitutional standard for the EU Charter of Fundamental Rights in the practice of the EU court in the category of cases on exclusion from the sanctions lists // Law. 2019. No. 7. P. 120-132.
4. Gudkov I., Mizulin N. “The sanctions war” between the EU and Russia in the light of WTO law” // WTO Law. 2014. No. 2. S. 46-52.
5. Doraev M.G. – Economic sanctions in the law of the United States, the European Union and Russia. M., 2016. S. 206.
6. Ispolinov A.S. Principles of autonomy and priority of EU law as a weapon of the Court of Justice of the European Union in conflict with investment arbitration. Part 1. Achmea case // Russian legal journal. 2021. No. 2 (137). pp. 56-76.
INTERNATIONAL LAW
DROZDOVA Maria Alexandrovna
Ph.D. in Law, associate professor of History, philosophy, political science and sociology sub-faculty of the Emperor Alexander I St. Petersburg State University of Railways
SOROKINA Elena Vladimirovna
Ph.D. in pedagogical sciences, associate professor, senior lecturer of State and legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
UDALOVA Darya Viktorovna
senior lecturer of Accounting and auditing sub-faculty of the Emperor Alexander I St. Petersburg State University of Railway Engineering
SUSTAINABLE TRANSPORT: INTERNATIONAL LEGAL ASPECTS
The article deals with topical issues of international legal regulation of the sustainable development of international transport and logistics ecosystems in the context of current trends in the development of international law and new geopolitical challenges that create significant obstacles to the implementation of the global environmental agenda in all areas, including transport and logistics. Taking into account the current socio-economic situation in the world, caused by the introduction of international sanctions and restrictions in international logistics, which led to a change in the paradigm for the development of cross-border cooperation, further formation of the regulation of sustainable transport will take place within the framework of regional cooperation in such organizations as the EAEU, SCO and BRICS.
Keywords: international law, sustainable transport, logistics, transport and logistics ecosystems, sustainable development.
Reference bibliographic list
1. Pokrovskaya O. D. Logistics storage and distribution centers as the basis of the terminal network of the region. – Novosibirsk, 2012. – 184 p.
2. Pokrovskaya O. D. The state of the transport and logistics infrastructure for coal transportation in Russia // Innovative transport. – 2015. – No. 1 (15). – S. 13-23.
3. Pokrovskaya O. D. On the terminology of objects of terminal and warehouse infrastructure. Mir transporta. – 2018. – T. 16. No. 1 (74). – S. 152-163.
4. Pokrovskaya O. D. Logistic class of railway stations // Bulletin of the Ural State University of Communications. – 2018. – No. 2 (38). – S. 68-76.
5. Pokrovskaya O. D. Logistic transport systems in Russia under the new sanctions // Bulletin of the results of scientific research. – 2022. – No. 1. – P. 80-94.
6. On the international experience in the development and implementation of the principles, measures and mechanisms of the “green” economy // Official website of the Eurasian Economic Commission. – 2021. – [Electronic resource]. – Access mode: https://eec.eaeunion.org/upload/medialibrary/b34/Doklad-zelenaya-ekonomika-06.2022.pdf?ysclid=lakqx5esqy42827714 (Accessed: 11/17/2022).
7. The UN Sustainable Development Goals // Official website of the UN. – 2015. – [Electronic resource]. – Access mode: https://www.un.org/sustainabledevelopment/ru/sustainable-development-goals/ (date of access: 11/17/2022).
8. The UN Sustainable Development Goals and Russia // Analytical Center for the Government of the Russian Federation official website. – 2022. – [Electronic resource]. – Access mode: https://ac.gov.ru/files/publication/a/11068.pdf?ysclid=lajbp32flb795718568 (date of access: 11/17/2022).
9. UN General Assembly resolution No. 66/288 “The future we want” // Official website of the UN. – 2012. – [Electronic resource]. – Access mode: https://unece.org/fileadmin/DAM/env/documents/2012/A_RES_66_288_TheFutureWeWant_r.pdf (accessed 11/17/2022).
10. Resolution of the UN General Assembly (A/70/L.1) “Transforming our world: Agenda for sustainable development for the period up to 2030” // Official website of the UN. – 2016. – [Electronic resource]. – Access mode: https://unctad.org/system/files/official-document/ares70d1_ru.pdf (date of access: 11/17/2022).
11. UN Framework Convention on Climate Change 2015 // Official website of the UN. – 2015. – [Electronic resource]. – Access mode: https://unfccc.int/resource/docs/2015/cop21/rus/l09r.pdf (Accessed 11/17/2022).
INTERNATIONAL LAW
OTRASHEVSKAYA Anastasia Mikhaylovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LATIN AMERICAN INTEGRATION ASSOCIATIONS AND IMPLEMENTATION OF THE INTERNATIONAL LEGAL REGIME ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION
This article attempts to analyze the impact of Latin American associations, in particular the Andean Community of Nations and the Organization of American States, on the dissemination of the regime regulating access to genetic resources and the fair and equal sharing of benefits from their use. The development of a regional legal framework began long before the entry into force of the Nagoya Protocol Regulating Access to Genetic Resources and the Fair and Equal Sharing of Benefits from Their Use in 2010, but currently the States are facing problems in implementing norms at the national level , judicial practice is beginning to take shape within regional judicial bodies.
Keywords: law of international organizations, Nagoya Protocol, Andean Community of Nations Organization of American States, genetic resources, biodiversity.
Reference bibliographic list
1. Abashidze A. Kh., Ananidze F. R., Solntsev A. M. International legal framework for the protection of minorities and indigenous
ny peoples: textbook. – Moscow: RUDN University, 2015. – S. 205-206.
2. Solntsev A. M., Otrashevskaya A. M. Development of the concept of environmental human rights in the practice of the Inter-American Court of Human Rights // International Justice. – 2022. – No. 1 (41). – S. 57-78.
3. Bravo, E. Normativas sobre Semillas en América Latina al Servicio del Control Corporativo. Red por una América Latina libre de Transgénicos. – 2015. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.17141/letrasverdes.22.2017.2676.
4. Cabrera A., Ribadeneira M. y Camacho D. La propiedad intelectual en verde: obtenciones vegetales, indicaciones geográficas y cambio climático. Guía para el capacitador, manual para el alumno y presentación. Quito: Instituto Ecuatoriano de la Propiedad Intelectual, IEPI. (sin publicar) – 2014.
5. Carrizosa S. Diversity of Policies in Place and in Progress in Santiago Carrizosa et al., eds., Accessing Biodiversity and Sharing the Benefits: Lessons from Implementing the Convention on Biological Diversity, IUCN Environmental Policy and Law Paper No. 54. – [Electronic resource]. – Access mode: https://ucanr.edu/repository//fileaccess.cfm?article=54957&p=NVTZKF (accessed 01/28/2023).
6. Lapeña I., Ruiz Müller M., eds., Acceso a Recursos Geneticos, Propuestas e Instrumentos Jurídicos, SPDA, Peru. – 2004.
7. Nemoga G. et al. La Investigación sobre Biodiversidad en Colombia. Propuesa de ajustes al Régimen de Acceso a Recursos Geneticos y Productos Derivados y a la Decisión Andina 391 de 1996, Universidad Nacional de Colombia, Bogotá. – 2010. – Pp. 661-662.
INTERNATIONAL LAW
AFGHAN Abdul Salam
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
SELF-DETERMINATION AND USE OF FORCE IN INTERNATIONAL LAW
The right to self-determination is the fundamental right, which is recognized by many international treaties including the United Nations Charter. It is now a rule of “jus cogens”. In establishing this right, the UN General Assembly played a pivotal role. Adoption of landmark resolutions on the issue, not only gave legal status to the right to self-determination but also did a great deal in eradicating the evils of colonialism. The UN Security Council was relatively less active for the obvious reason of lack of consensus among its five permanent members. International law still does not allow unilateral use of force even for the support of the people having the right to the first level of self-determination. Such use of force may not amount to interference in the internal affairs of a state, as it is not an internal issue, but it would violate another basic principle of international law, namely, the general prohibition on the threat or use of force. As for the people having a ‘second level’ right of self-determination, military support to them would amount to interference in the internal affairs of a state and would constitute the crime of ‘indirect’ aggression.
Keywords: self-determination, use of force, UN Charter, UN Security Council, Human Rights, humanitarian intervention, terrorism.
Reference bibliographic list
1. Anne Peters, the principle of uti possidetis juris: how relevant is it for issues of secession?’ // Self-determination and Secession in International Law (2014).
2. Thomas M. Franck, The Emerging Right to Democratic Governance. // 92 American Journal of International Law 46–91 (1998).
3. Alejandro Alvarez, Latin America and International Law. // 3 American Journal of International Law 269, 271 (1909).
4. Anthony Whelan, Wilsonian Self-Determination and the Versailles Settlement. // 43 International and Comparative Law Quarterly 99 (1994).
5 U.N. charter art. 1.
6. International Covenant on Civil and Political Rights art. 1, December 16, 1966, 999 UNTS 171.
7. Declaration on the Granting of Independence to Colonial Countries and Peoples, GA Res. 1514 (1960).
8. Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, GA Res. 2625 (1970).
9. Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo (Advisory Opinion) 2010 ICJ 404 (July 22).
10. Chapter IX—International Economic and Social Co-operation, Article 55 of the NU Charter.
11. General Assembly resolution, 1514(XV), 1960.
12. Martin Ayong Ayim, Former British Southern Cameroons Journey Towards Complete Decolonization // AuthorHouse 206 (2010).
13. Antonio Cassese, Self-Determination of Peoples a Legal Reappraisal // 12 Hersch Lauterpacht Memorial Lectures (1995).
14. Alex-Obot-Odora, Defining international terrorism, E law – Murdoch University Electronic Journal of Law, no 1. March 1999. <http:// Pandora.nla.gov.au/parchive/2001/z2001-Feb-26 /www/Murdoch.edu.au/elaw/issues/v6n1/obote-odora61_notes.html>.
15. General Assembly resolution, 3034(XXVII) (1972).
16. AkramZaki, Terrorism: Myth and Reality. -Institute
of policy studies, Islamabad, 2002.
17. Martin Dixon, Textbook on International law // Online Resource Center (2013).
18. Vienna Convention on the law of Treaties, 23 May 1969.
19. Alex Obot-Odora, Defining international Terrorism, E Law. // Murdoch University Electronic journal of law, vol.6, no 1, March 1999.
20. OIC Declaration of Foreign Ministers on Terrorism, 1-3 April 2002 in Kuala Lumpur Malaysia.
21. Husain Haqqani, Pakistan’s Endgame in Kashmir, India Review, Volume 2, No. 3 July 2003
22. Aureliu Cristescu, the Right to Self-Determination, Historical and Current Development on the basis of United Nations Instruments, New York, 1981.
23. United Nations General Assembly: Resolution 2625 (XXV) Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance with the Charter of the United Nations.
24. Montevideo Convention on the Rights and Duties of States 1933.
25. Definition of Aggression, United Nations General Assembly Resolution 3314(XXIX).
26. Loqman Radpey, Self-Determination and Use of Force in Rojava // Journal of Human Rights and Social Work (2021).
27. Neil MacCormick, “Is Nationalism Philosophically Credible?” in Willaim Twinning (ed) Issues of Self-Determination, (Aberdeen: Aberdeen University Press, 1991).
28. Michael Walzer, Just and Unjust Wars, (New York, 1977) p.93 quoted by Juha Räikkä, “On National Self-Determination: Some Problems of Walzer’s Definition” in Issues of Self-Determination.
29. Alexis Heraclides, The Self-Determination of Minorities in International Politics. – London: Frank Cass, 1991.
INTERNATIONAL LAW
VINNITSKIY Danil Vladimirovich
Ph.D. in Law, professor, LLC, Head of Tax and financial law sub-faculty of the V. F. Yakovlev Ural State Law University, Director of the BRICS Law Institute
ABUSE OF DOUBLE TAXATION TREATIES AND COUNTERMEASURES
This article discusses the issues of improper use of tax treaties (DTCs), possible abusive arrangements which can be used for that purposes and respective legal remedies which may be invoked in order to protect the balance between the interests of the tax system and private interests of taxpayers . In addition, the author have mentioned and systemized selected typical forms of abusive action in connection with DTCs application in the light of main case-law trends and effective and proportional legal countermeasures/ legal remedies.
Keywords: tax, tax law, international tax law, double taxation, model conventions, OECD, UN, double taxation avoidance agreement.
Reference bibliographic list
1. Lang M. Introduction to the Law of Double Taxation Conventions. Wien – Amsterdam: IBFD – Linde, 2010. P. 62.
2. Vinnitskiy D. V., Kurochkin D. A. Tax Compliance in a Globalized World: Russian Perspective // Russian Law: theory and practice, 2017. No. 1. P. 50-66. ISSN: 1811-9077.
3. Vinnitsky DV Russian tax law: problems of theory and practice. SPb., 2003.
4. Russian Yearbook of International Tax Law / Ed. prof. D. V. Vinnitsky (with general information in English, French, German, Spanish and Italian), St. Petersburg: University Publishing Consortium “Legal Book”, 2009. No. 1 (ISBN 978-5-91661-011 -6) 465 p.
5. Vinnitsky DV Application of international agreements on the avoidance of double taxation when withholding tax from agency fees (on the example of an agreement between the Russian Federation and Germany of 05/29/1996) // Russian legal journal. 2017. No. 6 (117). pp. 184-191.
6. Vinnitsky DV International tax law: problems of theory and practice. M.: STATUT, 2017. 463 p. [Electronic resource]. – Access mode: https://e.lanbook.com/book/107807.
7. Lifshits I. M. International financial law and the law of the European Union: interaction and mutual influence: monograph. M.: Yustitsinform, 2020. 548 p.
8. Tolstopyatenko G. P. European tax law. Comparative legal research. M.: NORMA, 2001. 328 p.
9. Shakhmametiev A. A. International tax law. M.: International relations, 2014. 824 p.
INTERNATIONAL LAW
GAGLOEV Oleg Felixovich
Minister of Justice of the Republic of South Ossetia, competitor for the scientific degree of Ph.D. in Law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
DUAL CITIZENSHIP IN UNRECOGNIZED AND LIMITED RECOGNIZED STATES
The article examines the coexistence of the phenomenon of dual citizenship and institute of unrecognized and limited recognized states. As a rule, citizens of unrecognized and limited recognized states have another citizenship. The authors elaborated on the question – should such citizens be considered bipatrids? And whether to consider the citizenship of unrecognized and partially recognized states as a full-fledged, classic citizenship?
As a result of the analysis, the author concludes that individuals who simultaneously have the nationality of a UN Member State and the nationality of an unrecognized or limited recognized state should be considered from the perspective of an individual and, despite the status of the state of nationality, be recognized as having dual nationality, since such an individual has stable identical legal ties with both state entities, effectively enjoys the legal rights provided by them and fulfills the obligations established by them.
Keywords: citizenship, nationality, dual citizenship, dual nationality, dual nationals, limited state, unrecognized state.
Reference bibliographic list
1. Bartsits A. L. The legal nature of the sovereignty of unrecognized and partially recognized states on the example of the Republic of Abkhazia // Public Service. 2015. No. 2(94). pp. 92-95.
2. Berdegulova L. A. Improving the legal model of the status of a citizen of a quasi-state entity // Issues of Russian and international law. 2017. No. 1A. pp. 12-20.
3. Tolstykh VL, Aasi J. Palestinian citizenship: past, present, future // Moscow Journal of International Law. 2019. No. 4. S. 31-45.
4. Tskhovrebov K. I. Problems of the status of unrecognized and partially recognized states in the modern world // Bulletin of the North Ossetian State University named after K. L. Khetagurov. 2013. No. 4. S. 186-189.
5. Yakovlev A. A. Legal regulation of citizenship issues: the relationship between international law and the law of the Russian Federation: dissertation … candidate of legal sciences: 12.00.10. Tyumen, 2003, p. 196.
6. Gezim Krasniqi. Contested States as Liminal Spaces of Citizenship: Comparing Kosovo and the Turkish Republic of Northern Cyprus // Ethnopolitics. 2019 Vol. 18. Issue 3.
7. Khalil, Asem. (2007). Palestinian nationality and citizenship current challenges and future perspectives. CARIM research reports 2007/07. San Domenico di Fiesole: European University Institute (EUI) and the Robert Schuman Center for Advanced Studies (RSCAS). P. 39.
8. Qafisheh, Mutaz. 2007. The International Law Foundations of Palestinian Nationality. A Legal Examination of Palestinian Nationality under the British Rule. Geneve. 339p. [Electronic resource]. – Access Mode: https://core.ac.uk/download/pdf/20642418.pdf(accessed date: 08/01/2019).
9. Sokolov S. N. Unrecognized and partially recognized states on the political map of the world // Culture, science, education: problems and prospects. Materials of the II All-Russian Scientific and Practical Conference. Nizhnevartovsk. February 8, 2013. pp. 43-45.
10. Demicheva T.A. International Legal Recognition of States: Unrecognized and Partially Recognized States // Kiberyurist. 2020. No. 4. S. 14-20.
INTERNATIONAL LAW
LATYPOVA Aysylu Floridovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ARTIFICIAL INTELLIGENCE TECHNOLOGY AND CERTAIN ASPECTS OF INTERNATIONAL SPACE LAW
This article attempts to analyze the implications of artificial intelligence through the lens of international space law, including the extent to which current provisions of international law generally meet the challenges posed by the use of advanced technologies based on artificial intelligence. Despite all the benefits the use of artificial intelligence brings to the field of space exploration, this phenomenon still poses a serious challenge to the key tenets of international space law. Particularly acute in this context are issues concerning state liability for damages caused by space objects equipped with artificial intelligence, as well as ensuring confidentiality and data protection.
Keywords: artificial intelligence, machine learning, international space law, liability, responsibility, autonomy, legal personality.
Reference bibliographic list
1. Balukhto A. N., Romanov A. A. Artificial intelligence in space technology: state of the art, development prospects // Rocket and Space Instrumentation and Information Systems. – 2019. – T. 6. – N 1. – S. 65–75.
2. Shestak V. A., Volevodz A. G. Modern needs of legal support of artificial intelligence: a view from Russia // All-Russian criminological journal. – 2019. – T. 13. – N 2. – C. 197-206.
3. Yastrebov O. A. Legal personality of an electronic person: theoretical and methodological approaches // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2018. – T. 13. – N 2. – S. 36–55.
4. Morhat P. M. Artificial intelligence: Legal view: Scientific monograph. – M.: Buki Vedi, 2017. – P. 257.
5. Bayern S. The Implications of Modern Business Entity Law for the Regulation of Autonomous Systems. – 2015. – Stan.Tech. L. Rev. – Vol. 19. – P. 93–112.
6. Bratu I., Lodder A. R., Linden T. Autonomous Space Objects and International Space Law: Navigating the Liability Gap // Indonesian Journal of International Law. – 2021. – Vol. 18. – No. 3. – R. 423-446.
7. Burri T. Artificial Intelligence and International Law // German Yearbook of International Law. – 2017. – Vol. 60. – R. 91-108.
8. Carrillo R. M. Artificial intelligence: From ethics to law. Telecommunications Policy. – 2020. – Vol. 44. – No. 6.
9. Chesterman S. AI and the problem of autonomy. Notre Dame Journal on Emerging Technologies. – 2020. – Vol. 1.-Iss. 2. – R. 210-250.
10. Chesterman S. Artificial Intelligence and the Limits of Legal Personality // International and Comparative Law Quarterly. – 2020. – Vol. 69. – R. 819-844.
11. Friedland P., Lum H. Building Intelligent Systems: Artificial Intelligence Research at NASA Ames Research Center. – NASA Ames Research Center, 1987.
12. Gal G. A., Santos C., Rapp L., Markovich R., Torre L. Artificial Intelligence in Space. research gate. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/342377395_Artificial_intelligence_in_space (Accessed 11/01/2022).
13. Gorove S. Liability in Space Law: An Overview of Space Law. – 1983. Annals of Air and Space Law. – Vol. 8. – R. 137-146.
14. Hobe S., Schmidt-Tedd B., Schrogl K-U. Cologne commentary on Space law. Berliner Wissenschafts-Verlag, 2013. – Vol. 2. – 780p.
15. Soroka L., Kurkova K. Artificial Intelligence and Space Technologies: Legal, Ethical and Technological Issues // Advanced Space Law. – 2019. – Vol. 3. – R. 131-139.
16. Surden H. Artificial Intelligence and Law: An Overview Harry // Georgia State University Law Review. – 2019. – Vol. 35.-Iss. 4. – R. 1305-1337.
INTERNATIONAL PRIVATE LAW
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
NEBIERIDZE David Nikoevich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
INHERITANCE RELATIONS IN PRIVATE INTERNATIONAL LAW
In the article, the authors analyze one of the most relevant and important topics of private international law – cross-border inheritance. The authors analyze the sources of regulation of inheritance relations in the Russian Federation, complicated by a foreign element or elements, and also put forward their own ideas for improving them for a more complete and effective protection of the rights and interests of citizens and legal entities . The authors also raise other problems associated with this institution and suggest ways to resolve them.
Keywords: inheritance relations, private international law, foreign element, cross-border inheritance, conflict of laws rules.
Reference bibliographic list
1. Zvekov V. P. International private law: a course of lectures. – M.: NORMA-INFRA, 1999. – 667 p.
2. Boguslavsky M. M. International private law: textbook. – 7th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 672 p.
3. Glinshchikova T. V., Kostenko O. S. Prospects for the development of the legislation of the Russian Federation in the field of cross-border family relations // Bulletin of the North Caucasian Humanitarian Institute. – 2017. – No. 4 (24). – S. 342-345.
INTERNATIONAL PRIVATE LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CLIMATE DISPUTES IN THE COURT OF JUSTICE OF THE EUROPEAN UNION
The article notes that 46 climate disputes are currently under consideration by the EU Court of Justice and the EU Court of General
Jurisdiction, among which: the case “Armando Carvalho” (2018), the case “EU Biomass” (2019), the case “ClientEarth and Ecologistas”
(2021) and others. At the same time, no climate dispute has yet been considered on its merit, the consideration of the vast majority of
disputes has been refused on procedural grounds. The most discussed lawsuits were the so-called “National Climate Case” and the
biomass case. Both cases were dismissed as inadmissible. In both cases, the EU Court followed the well-established “Plaumann”
doctrine. After that, the “Aarhus Regulation” of the EU was amended to facilitate the filing of claims for non-governmental organizations.
We believe that the Plaumann case is too restrictive and does not provide adequate access to justice.
Keywords: climate lawsuits, the Paris Agreement, the EU Court of Justice, the EU Court of General Jurisdiction, the Armando Carvalho
case, the National Climate Case, the EU Biomass case, the Plaumann doctrine.
Reference bibliographic list
1. Ermakova E. P. On the draft of a pan-European law on climate and the problems of normative regulation of “green” financing in the European Union // State and Law. – 2020. – No. 5. – S. 96-107.
DOI: 10.31857/S013207690009682-2.
2. Entin L. M. The Treaty of Lisbon and the Reform of the European Union // Journal of Russian Law. – 2010.
– No. 3 (159). – S. 104-115.
3. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Russian University of Friendship
peoples. Series: Legal Sciences. – 2020. – Volume 24. – No. 3. – S. 673-694.
4. Van Zeben, J. The Role of the EU Charter of Fundamental Rights in Climate Litigation // German Law Journal. – 2021. – No. 22 (8). – R. 1499-1510. Doi:10.1017/glj.2021.78.
INTERNATIONAL PRIVATE LAW
SEKACHEVA Alexandra Alexandrovna
postgraduateate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LEGAL REGULATION OF THE PROTECH SPHERE IN THE EU COUNTRIES
The publication analyzes the legal regulation of technologies in real estate in the European Union. The phenomenon of PropTech is considered. The level of legislative regulation of the designated technologies in the EU has been determined. The latest EU regulations are listed, which can become the most significant documents for the entire international community. We are talking about laws on digital markets and digital services. In addition, the legislation on the protection of personal data has been investigated. Conclusions are drawn about the tightening of the legal regulation of this area. The existing legal problems related to the use of PropTech are listed.
Keywords: international law, PropTech, technologies, European Union, digitalization.
Reference bibliographic list
1. PropTech 2020. The future of Real Estate. University of Oxford Research. Said Business School. – [Electronic resource]. – Access Mode: https://www.sbs.ox.ac.uk/sites/default/files/2020-02/proptech2020.pdf (Accessed 20.11.2022).
2. Churilov A. Yu. Principles of the General Regulation of the European Union on the protection of personal data (GDPR): problems and prospects for implementation // Siberian Legal Review. – 2019. – No. 1. – S. 21-29.
3. Odintsov S.V. Digital rights – for the digital era // Modern law. – 2019. – No. 9. – P. 74-77.
INTERNATIONAL PRIVATE LAW
STRUGOVETS Liliya Alexandrovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, legal adviser
FEATURES OF CONSIDERATION OF COURT CASES ON CLIMATE PROTECTION
The article examines the specifics of the consideration of climate protection court cases in the EU countries on the example of several recent decisions made during 2022 and suggests ways to identify and manage potential financial and reputational risks for defendants that lead to changes in policy and legislation on climate protection.
Keywords: climate change, litigation, carbon emissions, decarbonization, issuers of securities, sustainable development, climate legislation, climate management.
Reference bibliographic list
1. Adelmant V., Alston P., and Blainey M. Human rights and climate change litigation: one step forward, two steps backwards in the Irish Supreme Court // Journal of Human Rights Practice. – 2021a. – Vol. 13. – No. 1. – Rp. 1-23.
THEORY OF GOVERNMENT AND RIGHTS
BELIKOV Evgeniy Olegovich
student of the 1st course of the Group 22B12TH(with in-depth study of the Chinese language and the law of the People’s Republic of China (code 40.03.01)) Theory and history of state and law sub-faculty of the Faculty of Jurisprudence of the Saint Petersburg State University
THE LEGAL SYSTEM OF THE PEOPLE’S REPUBLIC OF CHINA ON COMBATING CORRUPTION IN THE LIGHT OF THE DECISIONS OF THE XX CONGRESS OF THE CPC
The XX Congress of the CPC began its work on October 16, 2022 in Beijing, attended by 2,340 delegates from 96 million members of the Communist Party.
Speaking at the congress with a report, General Secretary of the CPC Central Committee Xi Jinping reflected long-term plans for domestic and foreign policy.
China should become a great and modern socialist country by all criteria – this is the goal that should be achieved, the report proclaims. The task is to achieve such a goal in two stages.
Initially until 2035 – to carry out socialist modernization, and from 2035 to 2049, to reach the frontiers of a prosperous, strong democratic and developed socialist state in honor of the centennial anniversary of the PRC.
Having carried out a successful comprehensive modernization, without exploiting the natural and labor resources of poorly developed countries, without having colonies, China is the second such country in the civilized world.
China does not require other countries to neglect their autonomy by submitting to hegemony, and this is the real principled position of the PRC, as stated in the report of the CPC Central Committee to the XX Party Congress.
The purpose of this work is to analyze the anti-corruption policy as an element of the legal system of the People’s Republic of China before and after the Twentieth Congress of the CPC.
The object of the study is the Anti-Corruption System of the People’s Republic of China.The subject of the study is the legal reforms of the People’s Republic of China at the turn of the XX and XXI centuries.
The theoretical significance of the work lies in the disclosure of the historical significance of the Twentieth Congress of the CPC and the legal system of the People’s Republic of China on the fight against corruption
The possibility of practical application: It is advisable to use the results of the work carried out as a lecture material for law students, as afuture basis for the personnel of the prosecutor’s office and investigation bodies, conducting a comparative analysis of the advantages and disadvantages of the anti-corruption struggle, comparing the results of this struggle with similar goals and objectives being solved in the Russian Federation.
Keywords: XX CONGRESS of the CPC, PRC, corruption, anti-corruption policy, legal system.
Reference bibliographic list
1. Kychanov E.I. Fundamentals of medieval Chinese law (VII-XIII centuries). M., 1986. S. 3.
2. Modern law of the People’s Republic of China / Ed. L.M. Gudoshnikov and L. Krzhizhkovsky. M., 1985. S. 27.
3. Brun J.-P. et al., Practitioner’s Guide to Asset Recovery. Moscow: World Bank and UNODC. 2012. C. 222; Stephenson K.M. et al. Barriers to Asset Recovery. Washington: The World Bank and UNODC, 2011.
4. UN Guide for Anticorruption Policies / UNODC. Vienna, 2003. P. 21-34. [Electronic resource]. – Access mode: http://www.unodc.org/pdf/crime/corruption/UN_Guide.pdf
5. The Global Program against Corruption. UN Anti-Corruption Toolkit / UNODC. Vienna, 2004. P. 10.
6. Criminal Code of the People’s Republic of China. Adopted at the 5th session of the National People’s Congress of the sixth convocation on March 14, 1997 [Electronic resource]. – Access mode: https://ukknr.ucoz.ru/index/0-11 (Accessed 01/13/2023)
7. Anti-corruption campaign in China. [Electronic resource]. – Access mode: https://tass.ru/mezhdunarodnaya-panorama/680204 (Accessed 01/13/2023)
8. PRC Anti-Corruption Law. [Electronic resource]. – Access mode: https://martaponti.ru/zakon-knr-o-protivodeistvii-korrupcii-antikorrupcionnaya-kampaniya-v-knr.html (Accessed 01/13/2023)
9. Anti-corruption campaign in China. [Electronic resource]. – Access mode: http://doverie25.ru/statyi/41-antikorruptsionnaya-kampaniya-v-knr.html (Accessed 01/13/2023)
10. Magazine LIVE. Truths and myths about corruption in China. [Electronic resource]. – Access mode: https://masterok.livejournal.com/7748644.html (Accessed 01/13/2023)
11. Magazine PARTNER. How China fights corruption. [Electronic resource]. – Access mode: https://www.partner-inform.de/partner/detail/2021/6/174/10440/kak-kitaj-boretsja-s-korrupciej?lang=en (Accessed 01/13/2023)
12. Fifth Plenum of the 19th Central Commission for Discipline Inspection of the Chinese Communist Party (CCP) (January 2021). [Electronic resource]. – Access mode: https://www.oblgazeta.ru/society/120029/ (Accessed 01/13/2023)
13. Xi Jinping. Fighting Corruption in China. [Electronic resource]. – Access mode: https://skurkys.livejournal.com/1030555.html (Accessed 01/13/2023)
THEORY OF GOVERNMENT AND RIGHTS
VILNOVA Valentina Andreevna
postgraduate student of the Penza State University, lawyer of the Penza branch of the Moscow Interregional Bar Association
CATEGORY OF HARM AS A FACTOR OF LEGISLATIVE CHANGES
The article considers the category of harm as the basis for legislative changes. Interest in this issue is associated with a large array of new legal acts, the adoption of which was the result of the development of their own socio-cultural, national, constitutional identity, as well as a response to global transformations taking place in the international arena. The mechanism of the emergence of a legal prohibition is analyzed, the motive of which is harm as a social phenomenon. It also considers the transformation of harm as a social phenomenon into a legal form. The concept of the category of harm, its correlation with the system of values, enshrined in law, is given.
Keywords: category of harm, social harm, value, system of values, law-making process, changes in legislation.
Reference bibliographic list
1. Akopyan O. A., Vlasova N. V., Gracheva S. A. [et al.]. Legal models and reality: monograph / Ed. ed. Yu. A. Tikhomirov, E. E. Rafalyuk, N. I. Khludeneva. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2020. – XIV. – 280 s.
2. Vlasenko N. A. et al. Rule-making legal technique. – Moscow: NITs INFRA-M, 2011. – 312 p.
3. Lazarev VV Selected last decade. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: Norma, 2020. – 760 p.
4. Vilnova V. A. The category of harm in the mechanism of legal regulation // Humanitarian, socio-economic and social sciences. – 2022. – No. 9. – S. 122-125.
5. Lukyanova V. Yu. A new concept of proportionality of universal and national values in Russian legislation // Journal of Russian law. – 2022. – T. 26. – No. 9. – S. 53-69.
6. Malko A. V., Kostenko M. A. Legal technique and legal technology: the complex nature of interaction // State and law. – 2022. – No. 7. – S. 22-29.
7. Sumenkov S. Yu. Lawful behavior as a substantive basis of law and order // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – WITH.58-61.
8. Umnova-Konyukhova I. A. Constitutional futurology and constitutional futurism in the context of global changes // State and Law. – 2021. – No. 5. – S. 81-93.
9. Khabrieva T. Ya. Constitutional reform in Russia: in search of national identity // Bulletin of the Russian Academy of Sciences. – 2020. – Volume 90. – No. 5. – S. 403-414.
10. Paddy HILLYARD, Christina PANTAZIS, Steve TOMBS et Dave GORDON (dir.), Beyond Criminology: Taking Harm Seriously, Black Point, Fernwood Publishing, 2004, 352 pages.
11. Thomas Raymen The Enigma of Social Harm and the Barrier of Liberalism: Why Zemiology needs a theory of the Good // Justice, Power, and Resistance: The Journal of the European Group for the Study of Deviance and Social Control. – 2019. – V. 3. – Issue 1. – P. 134-163.
12. Explanatory note to Federal Law No. 479-FZ of 05.12.2022 “On Amendments to the Code of Administrative Offenses of the Russian Federation”. [Electronic resource]. No. 217472-8 Draft Law: Legislative Activity Support System (duma.gov.ru) (accessed 12/22/2022).
THEORY OF GOVERNMENT AND RIGHTS
VLADIMIROVA Darina Sergeevna
lecturer of Theory of state and law sub-faculty of the V. F. Yakovlev Ural State Law University
PUBLIC AND PRIVATE PRINCIPLES OF THE GENOMIC RELATIONS LEGAL REGULATION
This article has considered the issue of the relation between private and public principles in the legal regulation of genomic relations, harmonious usage will allow to develop the most effective to protect violated rights, establish stability in the development of genomic relations. For the purposes of this article, the brief analysis of international judicial practice, domestic legislation concerning the state intervention in the relevant areas of public relations is provided.
Keywords: private law, public law, genomic relations, legal regulation, balance of private and public interests
Reference bibliographic list
1. Bogdanova E. E. The ratio of private and public principles in the legal regulation of the use of genomic and assisted reproductive technologies // Bulletin of the University named after O. E. Kutafin (MSUA). – 2021. – No. 1 (11). – S. 32-46.
2. Ksenofontova D.S. Legal foundations of gene therapy: in search of a balance of interests // Lex russica. – 2019. – No. 6. – S. 143-152.
3. Maleina MN The concept and types of intangible benefits as objects of personal non-property rights // State and Law. – 2014. – No. 7. – S. 40-47.
4. Montgomery J. Modification of the human genome: challenges from the sphere of human rights, due to scientific and technological advances // Precedents of the European Court of Human Rights. – 2018. – No. 3. – S. 42-56.
5. Cherepakhin B. B. To the question of private and public law. – M., 2003.
THEORY OF GOVERNMENT AND RIGHTS
DOVGAN Kseniya Evgenjevna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
SIGNS OF FRAMEWORK LEGAL ACTS IN THE RUSSIAN FEDERATION
The effectiveness of legal regulation depends on many factors. In this issue, special importance is given to the means and sources of legal regulation. Framework legal acts have special properties. As a result of the analysis, the signs of framework legal acts were identified: complex and general; regulation of a wide range of social relations, which require further specification; the content of relatively certain norms that create legal uncertainty in the content of legal relations.
Keywords: framework legal acts, framework legal regulation, relatively certain norms, concretization, uncertainty.
Reference bibliographic list
1. Alexandrov N. G. The concept of source and law. – Moscow: Jurid. Publishing House of the Ministry of Justice of the USSR, 1946. – Issue. VIII. – S. 47-54.
2. Alekseev S. S. Collected Works. In 10 tons [+ Reference. volume]. Volume 3: Problems of the theory of law: a course of lectures. – Moscow: Statute, 2010. – 781 p.
3. Brezhnev L. I. Leninsky course: Speeches and articles. – Moscow: Politizdat, 1978. – T 6. – 680 p.
4. Vlasenko N. A. Reasonableness and certainty in legal regulation: monograph. – Moscow: NITs INFRA-M, IZiSP, 2014. – 157 p.
5. Glotova Svetlana Vladimirovna. Directives of the European Community: dis. … cand. legal Sciences. – Moscow, 1999. – 195 p.
6. Zivs S. L. Sources of law. – Moscow: Nauka, 1981. – 239 p.
7. Ivanov A. V., Zaporizhsky D. G. Solid household waste management, organizational, technological, financial and economic aspects (Russian and foreign experience). – Kaliningrad: FSEI VPO “KSTU”, 2007. – 432 p.
8. Isakov I. N. Multi-level legal systems: monograph / Edited by A. V. Malko. – Moscow: Yurlitinform, 2021. – 358 p.
9. Malko A. V., Isakov I. N. Different-level legal systems: problems of streamlining their relationships // Bulletin of the Russian Academy of Law. – 2017. – No. 2. – S. 5-10.
10. Samoshchenko I. S. Some questions of the doctrine of the normative acts of the socialist state // Jurisprudence. – 1969. – No. 3. – S. 26-33
11. Samoshchenko I. S. The main features of the normative acts of the socialist state // Soviet state and rights O. – 1968. – No. 4. – S. 22-30.
12. Semenov M. I. Representative bodies of local self-government in the Russian Federation: constitutional and legal analysis: dis. … cand. legal Sciences. – M., 2002. – 147 p.
13. Federalism: theory, institutions, relations (comparative legal research) / Ed. ed. B. N. Topornin. – M., Jurist, 2001. – 376 p.
14. Legal technique: textbook / Ed. T. Ya. Khabrieva, N. A. Vlasenko. – Moscow: Eksmo, 2009. – 272 p.
THEORY OF GOVERNMENT AND RIGHTS
KAREV Dmitry Alexandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
POLKOVNIKOVA Tatyana Vladimirovna
magister student of the Institute of Law of the Samara State University of Economics
JUDICIAL AND ARBITRATION PRACTICE IN THE MECHANISM OF FINANCIAL AND LEGAL REGULATION
The concept of legal regulation and the features of legal regulation of public relations arising from the use and redistribution of monetary funds are considered. The importance of judicial protection of financial relations and the procedure for resolving disputes through legal proceedings are revealed. Aspects of judicial practice as an element of financial and legal regulation are highlighted, the specifics of resolving financial conflicts are considered on the example of judicial practice materials.
Keywords: legal regulation, financial legal relations, financial and legal regulation, judicial process, judicial practice, institutions of public power.
Reference bibliographic list
1. Abdullaev A. Yu., Abesalashvili M. Z. Legal status and functions of judicial practice // Actual issues of the development of modern society. Collection of scientific articles of the 9th International Scientific and Practical Conference. – 2019. – S. 12-14.
2. Kuznetsov E. V. Legal science and judicial practice in Russia and foreign countries // Legal science: history and modernity. – 2018. – No. 5. – S. 11-19.
3. Lagutin I. B. Monetary law in the system of Russian financial law // Lex Russica. – 2018. – No. 6 (139). – S. 45-51.
4. Nikitin D. A., Kozachenko B. P., Agadzhanyan A. V. To the question of the relationship between the mechanism of legal regulation and the mechanism of procedural and legal regulation // Theory of State and Law. – 2019. – No. 2 (14). – S. 74-78.
5. On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in the arbitration court of appeal: Decree of the Plenum of the Supreme Court of the Russian Federation of 06/30/2020 No. 12. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_356423/?ysclid=l4vt40ji13595345672 (date of access: 06/27/2022).
6. On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in an arbitration court of cassation: Decree of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2020 No. 13. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_356424/?ysclid=l4vt344acq360304766 (accessed 06/27/2022)
7. Polyakov S. B. Legal and real principles of law // Journal of Russian law. – 2018. – No. 9 (261). – S. 13-18.
8. Prokina Ya. S. Judicial practice in the mechanism of civil law regulation // Young scientist. – 2020. – No. 25 (315). – S. 289-290.
9. Decision of December 27, 2021 in case No. А32-45661/2021 // SudAkt: Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/mJa0kPQ7KjlW/ (accessed 06/23/2022)
10. Decision of January 13, 2022 in case No. А68-12770/2020 // SudAkt: Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/T9XAJDGi5Qg1/ (accessed 06/23/2022)
11. Sangadzhieva KV Judicial protection as a type of state protection of the rights and freedoms of citizens in the Russian Federation // Education and Law. – 2021. – No. 3. – S. 224-233.
12. Chueva A. S., Mokhovaya T. A. On the issue of the system of financial and legal regulation // Humanitarian, socio-economic and social sciences. – 2018. – No. 3. – S. 125-128.
THEORY OF GOVERNMENT AND RIGHTS
KOVALENKO Natalya Evgenjevna
postgraduate student of the Institute of Law of the Altai State University
POLYSEMY AS A “TRAP” FOR LEGAL SCIENCE: AN ANALYSIS OF THE L. I. PETRAZHITSKIE’S WORKS
This article is devoted to the analysis of the of L. I. Petrazhitskie’s works, revealing the problems in the language of legal science, a parallel connection is made with the work of the philosopher L. Wittgenstein. As a result, it was concluded that it is necessary to modernize and develop the legal language for its correct application, and also given the modern problems of determining the subject of legal relations in modern society.
Keywords: law, Petrazhitsky, language, semantics, legal relationship, subject of law, polysemy.
Reference bibliographic list
1. Wittgenstein L. Philosophical research // Languages as an image of the world. – M.: AST; St. Petersburg: Terra Fantastica, 2003. – 568 p.
2. Gabov A. V. Legal personality: a traditional category of law in the modern era // Vestnik Saratov state law academy. – 2018. – No. 2 (121). – S. 105-122.
3. P. Duhem, Physical Theory. Its purpose and structure. – St. Petersburg: Education, 1910. – 341 p.
4. Carnap R. Significance and necessity. Research on semantics and modal logic. – M., 1959. – 383 p.
5. Petrazhitsky L. I. Introduction to the study of law and morality. Fundamentals of emotional psychology. – St. Petersburg: Type. Yu. N. Erlikh, 1908. – 265 p.
6. Petrazhitsky L. I. Theory of law and state in connection with the theory of morality. – St. Petersburg: Lan, 2000. – 606 p.
7. Petrazhitsky L. I. Theory and politics of law. Selected works / Nauch. ed. E. V. Timoshina. – St. Petersburg: University Publishing Consortium “Legal Book”, 2010. – 1104 p.
THEORY OF GOVERNMENT AND RIGHTS
SIDOROVA Anna Viktorovna
Ph.D. in Law, associate professor of Public law sub-faculty of the Samara State University of Economics
EFREMOVA Elena Alexandrovna
Ph.D. in political sciences, associate professor of Public law sub-faculty of the Samara State University of Economics
COMPARATIVE LEGAL ANALYSIS OF THE DEFINITION OF “INFORMATION” (ON THE EXAMPLE OF RUSSIA AND CIS COUNTRIES)
At the present level of development of human civilization, information is a general scientific category. Legal scholars carry out a fairly large amount of scientific research in the field of information. However, the vast majority of these are industry studies. The object of this study is the definition of “information”, which has found its consolidation in the normative legal acts of the Russian Federation and CIS countries. The author identifies the general and negative characteristics of the definition, based on a comparative analysis, formulates proposals for reforming Russian legislation.
Keywords: information, information, data, classification of information, legislation, forms of information.
Reference bibliographic list
1. Grudtsina L. Yu. Information, law and power // Education and law. – 2020. – No. 5. – S. 26-30.
2. Yuldashev Yuldashev Zh. Information security in the system of protection of the national interests of the Russian Federation // Communicology: electronic scientific journal. – 2020. – No. 2. – S. 72-82.
3. Fadeeva E. S. Legal monitoring of state institutions: dis. … cand. legal Sciences. – Kaliningrad, 2020. – 210 p.
4. Kamalova G. G. Legal regime of limited access information: monograph. – Izhevsk: Publishing house. Center “Udmurt University”, 2017. – 372 p.
5. Transformation of law in the digital age: monograph / Ed. A. A. Vasil’eva. – Barnaul: Alt. un-ta, 2020. – 432 p.
6. Osipenko A. L., Lugovik V. F. Problems of access of law enforcement agencies to concealed information when solving crimes // Society and Law. – 2021. – No. 2 (76). – S. 60-68.
7. Dolgaev V. V., Sokolova A. V. Issues of regulation of the use of information contained on electronic media as evidence // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (60). – S. 79-84.
8. Abdrakhmanov DV Constitutional and legal foundations of the information society in the Russian Federation: Abstract of the thesis. … cand. legal Sciences. – Chelyabinsk, 2022. – 32 p.
9. Petrovskaya O. V. The principle of reliability in information law: dis. … cand. legal Sciences. – Moscow, 2021. – 204 p.
10. Jafarova N. T. Administrative responsibility for offenses in the field of information circulation: dis. … cand. legal Sciences. – Moscow, 2021. – 161 p.
THEORY OF GOVERNMENT AND RIGHTS
SAMUSENKO Tatyana Mikhaylovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
LAW ENFORCEMENT ACTIVITY: PURPOSE AND FUNCTIONS
Law enforcement activities ensure the implementation of general rules of law, taking into account the specifics of a particular situation. And any activity has its own purpose, which is implemented in functions. The purpose reveals the role and meaning of this type of activity in the legal impact. And the functions of law enforcement activities express the essence of this type of activity. At the same time, there is a lack of common grounds for classifying the functions of law enforcement activities. The article discusses the purpose of law enforcement activity and the characteristics of its functions.
Keywords: law, law enforcement activity, purpose of law, functions of law enforcement activity, classification of functions.
Reference bibliographic list
1. Abramov A. I. Theoretical and practical problems of implementing the functions of law. – Samara: LLC “Fort”, 2008. – 318 p.
2. Alekseev S. S. Law: ABC – Theory – Philosophy: Experience of a comprehensive study. – M.: Statute, 1999. – 712 p.
3. Vetutnev Yu. Yu. Application of an instrumental approach to law // Journal of Russian law. – 2004. – No. 8. – P. 165-167.
4. Dyuryagin I. Ya. Law and management. – M.: Yurid. lit., 1981. – 168 p.
5. Dyuryagin I. Ya. Application of the norms of Soviet law: Theoretical issues. – Sverdlovsk: Sred. – Ural. book. publishing house, 1973. – 247 p.
6. Kartashov VN Theory of the legal system of society: a textbook. AT 2 t. – Yaroslavl: YarSU, 2005. – T. 1. – 547 p.
7. Kireeva E. A. Application of legal norms as a type of social activity in modern Russia // Bulletin of the Chelyabinsk State University. Right. – 2013. – No. 27 (318). – Issue. 38. – S. 33-37.
8. Kovaleva VV Theory of law enforcement. – Krasnodar: Publishing House – South, 2018. – 68 p.
9. Kulapov V. L. Correlation of goals, objectives and functions of the state // Bulletin of the Saratov State Law Academy. – 2014. – No. 2 (97). – S. 30-35.
10. Lazarev VV Application of Soviet law. – Kazan: Kazan Publishing House. un-ta, 1972. – 208 p.
11. Lazarev VV Socio-psychological aspects of the application of law. – Kazan: Kazan Publishing House. un-ta 1982. – 144 p.
12. Malko A. V., Shundikov K. V. Goals and means in law and legal policy. – Saratov: Publishing House of SGAP, 2003. – 296 p.
13. Nedbailo P. E. Application of Soviet legal norms. – M.: Gosjurizdat, 1960. – 511 p.
14. Palazyan A. S. Modern law: functional aspect: monograph. – M .: Publishing House of Moscow. University of the Ministry of Internal Affairs of Russia, 2009. – 383 p.
15. Law enforcement in the Soviet state / Ed. ed. I. N. Kuznetsov, I. S. Samoshchenko. – M.: Yurid. lit., 1985. – 304 p.
16. Radko T. N. Theory of functions of law: monograph. – M.: Prospekt, 2015. – 272 p.
17. Radko T. N., Tolstik V. A. Functions of law. – Nizhny Novgorod: Nizhny Novgorod Higher School of the Ministry of Internal Affairs of the Russian Federation, 1995. – 106 p.
18. Sapun V. A. Law enforcement: features and structure // Leningrad legal journal. – 2005. – No. 4. – P. 185-191.
19. Sapun V. A. Law enforcement: features and structure // Modern state and law: questions of theory and history. Collection of scientific papers / Ed. ed. T. M. Samusenko. – Vladivostok, 2004. – S. 26-27.
20. Ekimov A. I. The category of goals in the science of law // Philosophical problems of state and law / Ed. D. A. Kerimov, L. S. Yavich. – Leningrad, 1970. – S. 51-58.
THEORY OF GOVERNMENT AND RIGHTS
VOSITOV Khamzaali Abduvokhitovich
Ph.D. in Law, senior lecturer of General and special disciplines sub-faculty of the Institute of Law of the Pacific State University
CIVIL SOCIETY AND INSTITUTIONAL FRAMEWORK PROTECTION OF HUMAN RIGHTS
The article deals with the institutional foundations of civil society in the context of the recognition and protection of human rights. The theoretical aspects of the institutional foundations are determined by the rationality and interaction of society with the state, formed on the normative, socio-cultural, economic and ideological. The doctrinal approach is based on various concepts of scientists who study civil society as an integral part of a social institution.
Keywords: institutional framework, institutions of society and the state, civil society, human rights.
Reference bibliographic list
1. Vorotilin E. A. Political and legal theory of institutionalism M. Oriou (historical and critical analysis): Author. dis. … cand. legal Sciences. – M., 1979. – 16 p.
2. Hegel G. Philosophy of law // History of political and legal doctrines / Ed. V. S. Nersesyants. – M., 2002. – S. 421-428.
3. Civil society: textbook / Ed. ed. V. P. Malakhov, A. S. Avtonomov, V. V. Grib; [hand. ed. count V. V. Grib]. – M.: MGIMO, 2016. – 389 p. (the author of the chapter is V.P. Malakhov).
4. Kant I. Sobr. works: in 8 volumes / Under the general. ed. A. V. Gulygi. – M.: CHORO, 1994. – T. 1. – 544 p.
5. Maltsev GV On the social nature of legal institutions // Institutionalization in law: Collection of scientific articles. – M .: Publishing house of the RAGS, 2010. – S. 5-23.
6. Marchenko M. N., Machin I. F. History of political and legal doctrines: textbook. – M.: Prospekt, 2011. – 480 p.
7. Nersesyants V. S. General theory of law and state: a textbook for universities. – M.: Norma, 2002. – 552 p.
8. North Douglas. Institutions, institutional changes and the functioning of the economy / Per. from English. A. N. Nesterenko; foreword and scientific ed. B. Z. Milner. – M .: Foundation of the economic book “Beginnings”, 1997. – 180 p.
9. Oriu M. Fundamentals of public law / Comp.: R. S. Kurakin, K. P. Pribytkova, M. A. Rasskazov, E. V. Semenova. – M.: INFRA-M, 2013. – 574 p.
10. Orlova O. V. Civil society and personality: political and legal aspects. – M.: MZ Press, 2005. – 119 p.
11. Human rights: encyclopedic dictionary / Ed. ed. S. S. Alekseev. – M.: Norma; INFRA-M, 2013. – 656 p. (the author of the encyclopedic article is M. Yu. Mizulin).
12. Pigolkin A. S., Golovistikova A. N., Dmitriev Yu. A., Saidov A. Kh. Theory of state and law: textbook / Ed. A. S. Pigolkin. – M.: Yurayt-Izdat, 2007. – 613 p. (the author of the chapter is A.N. Golovistikova).
13. Theory of law and state: textbook / Ed. V. V. Lazareva. Ed. 2nd, revised. and additional – M.: Law and Law, 2001. – 576 p. (the author of the chapter is V. V. Lazarev).
14. Khasanov S., Khasanov M. Theory of state and law (in Tajik language): textbook. – Dushanbe: Ilm, 2017. – 496 p.
THEORY OF GOVERNMENT AND RIGHTS
ZHIDKIKH Maxim Alexeevich
postgraduate student of Theory of state and law sub-faculty of the Saratov State Law Academy
SIGNS OF A DELEGATED INTERPRETATION OF THE LAW AS A KIND OF OFFICIAL INTERPRETATION OF LAW
At various stages of lawmaking, there is a need to interpret the rule of law. In order to understand the meaning of legal acts, the interpretation of the law, including the delegated one, takes place. The objective reasons for the interest in the problem of delegated official interpretation of the rules of law are global changes in the sphere of formation of the legal framework, which requires a full study of the content of the type of interpretation under consideration. At present, all the possibilities of delegated interpretation have not been fully explored. In view of the above, the article analyzes in detail the signs of a delegated official interpretation of the law.
Keywords: interpretation, signs of interpretation, rules of law, delegated interpretation, act of interpretation, principles of interpretation.
Reference bibliographic list
1. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – M.: Jurist, 2004. – S. 144.
2. Federal constitutional law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian 3. Federation” (as amended on July 1, 2021) // Collection of Legislation of the Russian Federation. – 1994. – No. 13. – Art. 1447; 2021. – No. 27 (part 1). – Art. 5045.
3. Regulations on the Ministry of Labor and Social Protection of the Russian Federation dated June 19, 2012 No. 610 (as amended on October 26, 2022) // Rossiyskaya Gazeta. – 2012. – Art. 5.16.
4. Morozova L. A. Theory of State and Law: Textbook. – M., 2010. – S. 268.
5. Betty E. Hermeneutics as a general methodology of the sciences of the spirit. – M., 2011. – S. 67.
6. Lyubashits V. Ya. Theory of state and law: Uch. allowance. – M., 2015. – S. 396.
THEORY OF GOVERNMENT AND RIGHTS
MUSINA Kamilla Salavatovna
postgraduate student of Theory of law and state sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
JURIDICAL ASPECTS OF THE INTERPRETATION OF THE LEGAL PERSONALITY OF ARTIFICIAL INTELLIGENCE
This article analyzes some issues of determining the legal status of artificial intelligence in law and legislation. Innovative technologies utilized by judges and possibilities of using the electronic Blockchain system are being investigated. This article analyzes legislation in order to explore ways of modernization to eliminate collisions, establishing general provisions on liability for criminal acts by robots, committed due to technical failures of artificial intelligence and (unmanned flying vehicles) without any presence of anthropogenic involvement and intentional human intervention . The presented results of the analysis are of philosophical significance, as well as of legal and ontological significance and are arising not only from the actual state of development of artificial intelligence but also from the very real prospects of future modifications of artificial intelligence of cybernetic organisms.
Keywords: legal personality, artificial intelligence, drones, electronic person, judge, individuals, legal entities, scientific and technological progress, copyright, patent protection, drone, legislators, criminal prosecution, judge.
Reference bibliographic list
1. The Guardian. Google’s Self – Driving Cars Have Never Got a Ticket, November 13, 2015.
2. “Euro news” / US recorded a fatal accident involving a car on autopilot // 2018. [Electronic resource]. – Access mode: https://www.euronews.com/2018/03/31/tesla-in-fatal-car-crash-driving-on-auto-pilot (date of reference: 08/26/2022).
3. Periodical publication “Washington Post”. [Electronic resource]. – Access mode: https://www.washingtonpost.com/business/2019/10/23/man-died-burning-tesla-because-its-futuristic-doors-wouldnt-open-lawsuit-alleges/ (date of reference : 17.08.2022).
4. Awan Family Tesla Lawsuit. [Electronic resource]. – Access mode: https://archive.org/details/6517391-Awan-family-Tesla-lawsuit/page/n3/mode/2up (date of reference: 08/20/2022).
THEORY OF GOVERNMENT AND RIGHTS
KHUT Diana Shamsudinovna
postgraduate student of Theory of state and law sub-faculty of the Saratov State Academy of Law
THE BALANCE OF PERSONAL, PUBLIC AND STATE INTERESTS AS A REFLECTION OF THE ESSENCE OF LAW
The article discusses the legal nature of the interest, as well as analyzes the characteristic features of personal, public and state interests. The article explores the concept of the balance of interests as a reflection of the essence of law and some of the scientific approaches to its understanding. Attention is focused on the need to establish a balance of personal, public and state interests in the process of law-making and law-realization.
Keywords: interest; balance of personal, public and state interests.
Reference bibliographic list
1. Iering R. Struggle for the right. – M., 1991. – S. 8.
2. Babkin A. I. Balance of private and public interests in tax legal relations. Abuse of the right // Law. – 2005. – No. 2. – S. 14-18.
3. Dozhdev DV Roman private law: a practical course. – M., 2018. – P. 8.
4. Mikhailov SV Category of interest in Russian civil law. – M., 2002. – S. 17-18.
5. Khalikov A. N. The relationship of the category of interest in psychology and law // Philosophy of Law. – 2018. – No. 3. – P. 14-15.
6. Pyankova A.F. The concept of the balance of interests and its place in the civil law of Russia // Bulletin of the Perm University. – 2014. – Issue. 2. – S. 124.
7. Actual problems of law: a textbook for undergraduates / Ed. V. L. Kulapova. Saratov, 2021. – P. 14.
8. Belousov S. A. Balance of interests and its violation in public law // Legal policy and legal life. – 2013. – No. 2. – P. 22.
9. Kulakov V. V., Voronov I. Yu. Balance of interests of the employee and the employer // Bulletin of the Tomsk State University. – 2022. – No. 475. – P. 215-221.
THEORY OF GOVERNMENT AND RIGHTS
YAMSHCHIKOVA Elina Malzakhievna
postgraduate student of State-legal disciplines sub-faculty of the Penza State University, attorney of branch “Aleynikov and partners” Interregional bar association of Moscow
THE PLACE OF DECLARATIVE NORMS IN THE SYSTEM OF CLASSIFICATION OF NORMS OF LAW
In the article, by generalizing and analyzing the opinions of scientists, the place of declarative norms in the system of classification of legal norms is to investigate. The author joins the point of view that the norms-declarations are specialized norms of law. The uncertainty and fragmentation of the conceptual apparatus is also investigating and the use of the unified terms “declarative rule of law” and “norm-declaration” is proposed.
Keywords: the rule of law, signs of the rule of law, classification of the rules of law, specialized rules of law, declarative norm, norm-declaration.
Reference bibliographic list
1. Alekseev S. S. Collected works: in 10 volumes – M., 2010. – P. 316.
2. Baytin M. I. Essence of law (modern normative legal understanding on the verge of two centuries). – Saratov, 2001. – S. 177-184.
3. Korelsky V. M. Theory of state and law. – M., 2002. – S. 280.
4. Marchenko MN Problems of the theory of state and law. – M., 2002. – S. 589.
5. Malko A. V., Salomatin A. Yu. Theory of state and law. – Penza, 2012. – S. 161-165.
6. Voplenko N. N. Law in the system of social norms. – Volgograd: VolGU Publishing House, 2003. – P. 86.
7. Gulyakov A. D., Salomatin A. Yu., Makeeva N. V. Theory of state and law: thematic content, key concepts of the course. – Penza, 2017. – S. 50-52.
8. Baranov A. V. System-determining specialized norms of law in the mechanism of legal regulation // Bulletin of the Tomsk State University. – 2011. – No. 2. – P. 13-19.
9. Baranov A. V. To the question of the concept and place of specialized norms in the system of Russian law // Bulletin of the Omsk University. – 2017. – No. 1 (50). – S. 22-30.
10. Kozhevnikov V. V., Martynenko M. V. Specialized norms of modern Russian law: legal nature, classification and place in the system of legal norms // Modern law. – 2014. – No. 4. – P. 6.
11. Alekseev S. S. General theory of law. Course in 2 volumes. – T. 2. – M .: Jurid. lit., 1982. – S. 70-72.
12. Baitin M. I. Kabaev V. K. Norms of Soviet law. Theory problems. – Saratov, 1987. – S. 159.
13. Gorshenev V. M. Atypical normative prescriptions in law // Soviet state and law. – 1978. – No. 3. – P. 113-118.
14. Rybakov V. A. Atypical norms of law // Bulletin of the Omsk University. Series “Right”. – 2013. – No. 3 (36). – S. 24-29.
15. Miroshnichenko T. N. Atypical phenomena in Soviet law: dis. … cand. legal Sciences. – Kharkov, 1985. – S. 22-23.
16. Davydova M. L. Normative-legal prescriptions in the Russian legislation. – Volgograd, 2001. – S. 13.
17. Morozova L. A. Theory of state and law. – M., 2014. – S. 230.
18. Shafirov V. M. Naturally positive law: an introduction to theory. – Krasnoyarsk, 2004. – S. 159-160.
HISTORY OF STATE AND LAW
ANTONENKO Tatyana Fyodorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian federal university
BERDNIKOVA Svetlana Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
ORLOVA Svetlana Vladimirovna
senior lecturer, of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
THE LEGAL REGULATION OF WORKING TIME, ORGANIZATION OF LABOUR IN SIBERIAN GOLD MINES IN THE 19th CENTURY
The article considers the problems of legal regulation of working time, rest time, organization of serf labor on the Cabinet’s lands, and organization of civilian labor by the general and mountain legislation of the Russian Empire in the 19th century. Regulation of Siberian gold-diggers labor is analyzed as an example paying attention to peculiarities of mountain industry where imperative norms of the hours of work and the rest were combined with dispositive rules.
Keywords: absence of unified standards of working time and labor organization, “Reglament”, “Work reguls”, forced labor, legal status of workmen, labor organization in Cabinet’s Siberian gold-mines, minor workmen, duration of working time, overhours, health of mountain workmen, wear and rear of labor man-power, rest time, legal normative acts on working time and labor organization, government services for protection of labor law in Siberian gold-mines.
Reference bibliographic list
1. Altai: historical and statistical collection. Tomsk, 1890. 607 p.
2. Berdnikova S. A. Legal regulation of labor in Russia until the beginning of the 20th century (on the example of the mining industry): textbook. allowance. Krasnoyarsk: IPK SFU, 2009. 108 p.
3. Zobnin N. Artisans of the Altai mining plants before the liberation // Siberian collection. Supplement to the “Eastern Review” in 1891. SPb., 1892. S. 1-48.
4. Zobnin N. Registration of peasants in Altai // Altai collection. 1859. T. 1. S. 51-68.
5. Historical description of mining in Russia (High. approved reports and other information about the new formation of the mining authorities). Part 1. St. Petersburg, 1807. 108 p.
6. Kisilev I. Ya. Labor law in Russia: history. M., 2001. 371 p.
7. Kuznetsov A.P. Some data on the issues of the amount of output, the time of the working day, food allowances and the improvement of the life of workers in the gold mines. Krasnoyarsk, 1892. 21 p.
8. On hiring workers for private gold and platinum mines. Tomsk, 1895. 14 p.
9. Orlov N. A. On the elimination of corporal punishment // Russian antiquity. 1881. No. 5. S. 90-113.
10. Regulations on the mining population of state-owned mining plants // Regulations on the rural state. SPb., 1876. S. 511-529.
11. Information about the private industry in Russia. SPb., 1863. 603 p.
12. Code of laws and regulations of the government on the arrangement of rural conditions and institutions for peasant affairs. T. 1. St. Petersburg, 1900. S. 1254-1359.
13. Code of mining statutes according to the official edition of 1893 // Collection of legalizations and government orders / Comp. A. Skorov. T. 1. M., 1895. 492 p.
14. Semevsky V. I. Essays on the life of workers in the Siberian gold mines // Siberian collection. Irkutsk, 1895. Issue. 1. S. 86-102.
15. Sosna B. I., Gorelko N. A. Historical and legal study of the sources of labor law in Russia // History of State and Law. 2001. No. 5. S. 35-41.
16. Khokhlov E. B. Essays on the history of legal regulation of labor in Russia. Part 1. St. Petersburg, 1999. 196 p.
17. Shelymagin I. I. Factory and labor legislation in Russia (second half of the 19th century). M., 1947. 183 p.
18. Shtof A. Comparative essay on mining legislation in Russia and Western Europe: in 2 hours. Part 1. St. Petersburg, 1882. 224 p.
19. Khrolenok S. F. To the question of the industrial revolution in the gold mining industry of Eastern Siberia (1860-1900) // Economic and socio-political development of Siberia in 1861-1917. Novosibirsk, 1969. From 99.
HISTORY OF STATE AND LAW
EVSEEV Ivan Valentinovich
Ural Institute of Management, branch of the RANEPA under the President of the Russian Federation
FROM THE HISTORY OF THE VERKHNEURALSKAYA PRISON: HYPOTHESES OF THE MARTYRDOM OF PETER KRUTITSKY
This article discusses the issue of revealing some features of the historical development of the Russian state, reflected in the life path of Peter Polyansky. When studying known facts from open sources, the author comes to the conclusion that the execution of Peter Polyansky was predetermined by the circumstances. By this time, three significant events had taken place in society and the state, in accordance with which a decision was made to liquidate Pyotr Polyansky.
The first event reflected the changes that had come about in the administration of the Orthodox church and the appointment of a new locum tenens of the patriarchal throne in place of P. Polyansky. Representatives of the obnavlenchesky church went for rapprochement with the new government. It so happened that at first Metropolitan Sergius was proclaimed Locum Tenens, then, after some time, the sentence against P. Polyansky was carried out.
The second event was reflected in the fact that in the autumn of 1937 a new accusatory case appeared against the clergy of the Chelyabinsk region. All of them were exposed as “participants in the counter-revolutionary insurgent terrorist organization of churchmen, the Party of Oppressed Christians.” During the investigation of this case, many other cases were added to it. The case against Metropolitan P. Polyansky was combined with other cases of the clergy of the Omsk and Chelyabinsk regions on charges of Bishop Anthony Milovidov and 127 other priests. On September 1, 1937, an indictment was prepared against Polyansky in the investigative case of D. P16935. A special “troika” at the UNKVD in the Chelyabinsk region approved the verdict on October 2, 1937.
The third part reflects the changes in politics and law that led to the emergence of extrajudicial troikas for sentencing. At that time, everything in the USSR was subordinated to the fulfillment of the five-year plans. The state needed money and people to fulfill its tasks. The state again turned to the experience of the past – repression, but with more stringent measures, including a change in the system of institutions for the execution of punishment. Political isolators and prisons were closed due to the inability to use these institutions in the implementation of economic plans.
By comparing the facts, we can confidently say that the execution was carried out in the Verkhneuralsk prison, but at the same time it is not possible to find the burial place. The sentence was carried out in the Verkhneuralsk prison. This is indirectly confirmed by the orders for the prison, which indicated that the stages from the prison for September-October were not organized. And the organization of the stage was troublesome because of the lack of equipment for transportation. To this is added that in recent months, Pyotr Polyansky did not get up due to a serious illness that could lead to his death in case of transportation. The authorities did not want this. Most likely, the authorities should have punished Pyotr Polyansky with death for his inflexibility.
But, in this case, the question arises about the place of burial. If we believe the statements of the veterans of the institution and the opinions of local historians, then the executed were taken to the old cemetery and buried in one mass grave.
Keywords: metropolitan, locum tenens, prison, repressive policy, burial place.
Reference bibliographic list
1. Archive of the President of the Russian Federation AP RF. – F. 3. – Op. 24. – D. 489. – L. 2, 7-14. Script. Typescript.
2. Archive of current documents. Magnitogorsk prison. Books of orders 1936-1938. – F. 10. – Op. 1. – D. 2. – L. 42-47.
3. Voice of the Lithuanian Orthodox Diocese. – 1937. – No. 3–4. – S. 21-22.
4. State Archive of the Russian Federation (GA RF). – F. P-9401. – Op. 1. – D. 463. – L. 381.
5. GARF. – F. R7523. – Op. 7. – D. 232. – L. 116-128.
6. Grebenshchikova I. V. On the question of the activities of the “troikas” of the NKVD of the USSR during the years of mass repressions (1937-1938) on the territory of the Sverdlovsk region // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – S. 24-30.
7. Evseev I. V. Pages of the history of the Verkhneuralsk prison. – Yekaterinburg, 1997. – 152 p.
8. Abbot Damaskin (Orlovsky). Martyrs, confessors and ascetics of piety of the Russian Orthodox Church of the XX century. Biographies and materials for them. Book 2. – Tver, 2001. – S. 341-369.
9. Kara-Murza S. G. Soviet civilization from the beginning to the Great Victory. – M.: Eksmo: Algorithm, 2004. – 637 p.
10. Lezina E. The Cheka and its successors: methods of terror and practices of discrimination // Bulletin of Public Opinion. – 2017. – No. 3-4 (125).
11. From the speech of Comrade Yezhov. March 2, 1937. Materials of the February-March Plenum of the Central Committee of the All-Union Communist Party of Bolsheviks in 1937 ”March 2, 1937. Evening session // Questions of history. – 1994. – No. 10. – S. 13-27.
12. Mazyrin A. Local Council 1917-1918. and the question of the succession of patriarchal power in the subsequent period (until 1945) // Vestnik PSTGU II: History. History of the Russian Orthodox Church. – 2008. – Issue. 11:4(29). – S. 35-51.
13. Operational order of the NKVD of the USSR dated July 30, 1937 No. 00447 “On the operation to repress former kulaks, criminals and other anti-Soviet elements” // Archive of current documents of the Magnitogorsk prison. Books of orders 1934-1937. – F. 10. – Op. 1. – D. 1.
14. Order of the NKVD of the USSR No. 00122 “On the transfer of correctional labor institutions of the NKJ of the Union republics to the NKVD of the USSR.” October 29, 1934 Copy // GULAG: Main Directorate of Camps. 1918-1960. – M., 2000. – S. 233-234.
15. Rehabilitation: how it was. Documents of the Presidium of the Central Committee of the CPSU and other materials. In 3 volumes. Volume 1. – S. 303-307.
16. Khudoborodov A. L., Yashina M. A. Repressive policy of the Soviet state towards the Russian Orthodox Church (1920-1930s) // Bulletin of the South Ural State University. – 2011. – No. 30. – S. 61-65.
17. Yakovleva A. N. According to relics and oil: [crimes of the CPSU against the peoples of Russia]. – Moscow: Eurasia, 1995. – 191 p.
18. Verkhneuralsky necropolis: [to the 285th anniversary of the city of Verkhneu dedicated to ralsk / authors – V. Ashitkov, A. Vernigorov] – Verkhneuralsk; Magnitogorsk, Magnitogorsk Press House, 2020. – 112 p.
19. Chronicle // Church life. – 1937. – No. 4-5. – S. 72-73.
20. Condolences of the Heads of the Orthodox Churches // Church Life. – 1937. – No. 7-8. – S. 100-102.
21. Gentle A. Investigation. Third name // Spark. – No. 4. – 1992. – S. 4-5.
22. Evseev I. V., Smykalin A. S. Verkhneuralsky political isolator (“special” prison) // Questions of history. – 2008. – No. 3. March. – C. 83-91.
HISTORY OF STATE AND LAW
MAMMADOV Tamiz Saleh oglu
postgraduate student of the Peoples’ Friendship University of Russia
FORMATION OF A POLICY IN THE FIELD OF DISASTER MANAGEMENT APPLIED IN THE REPUBLIC OF TURKEY
The legal norms concerning the organization of disaster management in the Republic of Turkey undergo changes after each natural event that has occurred through the adoption of a special law relating to this event. A turning point in the improvement of legal norms in the field of prevention and elimination of natural disasters in Turkey was the earthquake in the Marmara Sea in 1999. This earthquake, which caused enormous loss of life and widespread damage, revealed the shortcomings of the system for the prevention and elimination of natural disasters in the country and pointed to the need to develop a new policy that corresponds to the evolving approach to managing natural disasters in the world. Immediately after the earthquake in the Sea of Marmara, a large number of laws and regulations were issued in the shortest possible time, including Resolution No. 4452 “On measures to combat natural disasters and measures to eliminate damage caused by natural disasters.”
In this study, the disaster management policy applied in the Republic of Turkey will be considered taking into account existing legal norms.
Keywords: disaster, policy on natural disasters, legal regulation.
Reference bibliographic list
1. Doğan B. Türkiye’de Afet Yönetim Politikalarının Analizi: Paydaşlar. Etkinlik ve Sorunlar.
2. Sakarya Universitesi 6. Kamu Politikaları Çalıştayı Bildiriler Kitabı, 16-18. Eylul, 2015.
3. Ergünay O. Afet Yönetimi: Genel İlkeler, Tanımlar, Kavramlar. Acil ve Afet Dergisi, Cilt. 2.
4. SayI. 4, Acil ve Afet Dernegi. Ankara, 2014.
5. Fani R. Erciş Depremi Özelinde Türkiye’de Afet Yönetimi. YYÜ SBE Kamu Yönetimi Ana.
6. Bilim Dalı, Yayımlanmamış Yüksek Lisans Tezi. Van, 2014.
7. Gürlek Y. Türkiye’de ve Dunya’da Deprem Sigortacılığı”. İstanbul Teknik Universitesi Fen.
8. Bilimleri Enstitusu. Yayınlanmamış Yuksek Lisans Tezi. Haziran, 2006.
9. Press F., Hamilton R. M. Mitigating Natural Disasters, Science, Vol. 284, Issue: 5422, 1999. – [Electronic resource]. – Access mode: http://science.sciencemag.org/content/284/5422/1927.
10. Shahin A. U. Afet Yönetimi Faaliyetlerinin Kamu Hizmeti Kavramı Çerçevesinde. 2014.
11. Degerlendirilmesi. Tesam Akademi Dergisi. Temmuz, 1(2).
12. Taylan A. Zorunlu Deprem Sigortası ve Kentsel Risk Yönetimi. Planlama Dergisi, TMMOB.
13. Shehir Plancıları Yayını, Sayı:2007/2, Yıl: 2007.
14. Türkiye Afet Yönetimi Strateji Belgesi, 10.06.2015.
HISTORY OF STATE AND LAW
ANTONENKO Tatyana Fyodorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
BERDNIKOVA Svetlana Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
ORLOVA Svetlana Vladimirovna
senior lecturer, of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
MISSIONARY ACTIVITY OF THE RUSSIAN ORTHODOX CHURCH AMONG MUSLIMS IN WESTERN SIBERIA IN THE XIX CENTURY
The articles considers missionary activities of the Russian Orthodox Church among Muslims of Western Siberia. The basis of the analysis of the contents of concrete historical materials. The authors clue interdependence between the state migration policy and Christianization of Muslims, characterize methods and forms of the activities and analyze its problems.
Keywords: Islam, confessions, missionary program, Macarius Gluckharev, archimandrite, missionary structures, Holy Synod.
Reference bibliographic list
1. Alekseev I. L. Islam. Some features of its evolution and the political and legal status of Islam and Muslims in the Russian Empire in the 19th – early 20th centuries. (On the question of the mutual influence of civilizational logics in Russian history) // Religious Studies. – 2002. – No. 2. – S. 19-40.
2. Basilov V. N., Karmysheva D. Kh. Islam among the Kazakhs until 1917 – M., 1997.
3. Vekshina N. M. Activity of the Russian Orthodox Church in Siberia and the Far East in the second half of the 19th century. Abstract dis. … cand. philosopher. Sciences. – St. Petersburg, 2014.
4. Glukharev M. Thoughts on ways to further spread the Christian faith among Jews, Mohammedans and pagans in the Russian Empire. – M., 1894.
5. GUTO GA in Tobolsk. – F. 156. – Op. 29. – D. 26. – L. 2.
6. Dideas of the Fifth Missionary Congress. – M., 1917.
7. Eliseev E. Missions of the Tobolsk Diocese // Church Gazette. – 1906. – No. 41.
8. Eliseev E. Missionary Chronicle // TEV. – 1912. – No. 5. – S. 75-80.
9. Efimov A. B. Essays on the history of missionary work in the Russian Orthodox Church. – M .: Publishing House of the Moscow Patriarchate, 1989. – 688 p.
10. Karev A. The main factors that contributed to the emergence and development of the brotherhood of Evangelical Christians-Baptists in Russia // Brotherly Bulletin. – 1957. – No. 4. – S. 5-39.
11. Mavlyutova G. Sh. Missionary activity of the Russian Orthodox Church in Northwestern Siberia in the 19th – early 20th centuries. Diss. cand. ist. Sciences. – Tyumen, 1999.
12. Mikhailov G. Missionary department: From the diary of an employee of the anti-Muslim mission, priest Gury Mikhailov // TEV. – 1907. – No. 7.
13. Oktyabrskaya I. V. Islam and Orthodoxy in Altai. History and specifics of the dialogue // Siberia at the crossroads of world religions. Materials of the interregional scientific-practical conference. – Novosibirsk, 2005.
14. Pastoral Epistle of the Bishops of the Orthodox Greek-Russian Church // TEV. – 1886. – No. 10-11.
15. Sofronov V. Yu. Missionary activity of the Russian Orthodox Church in Western Siberia in the late 17th – early 20th centuries. Dis. … doc. ist. Sciences. – Barnaul, 2007. – 405 p.
16. Skvortsov V. M. Acts of the III Missionary Congress in Kazan. – M., 2011.
17. Skvortsov V.M. Missionary Staff. – St. Petersburg, 1912.
18. Sultangaliyeva A. The evolution of Islam in Kazakhstan // Voronezh Turkic cultural collection. – Voronezh, 2007. – Issue. 7.
19. Tomsk Diocesan Gazette. – 1882. – No. 10.
20. Tomsk Diocesan Gazette. Missionary department. – 1906. – No. 11.
21. Fedorov V. A. Russian Orthodox Church and state. Synodal period 1700-1917. – M. 2003.
22. Center for the storage of the archival fund of the Altai Territory; TsHAF A.K. – F. 164. – Op. 1. – D. 14.
23. CHAF. – F. 164. – OP. 1. – D. 48.
HISTORY OF STATE AND LAW
GERASIMENKO Artem Aleksandrovich
adjunct of the Academy of MIA of Russia
MANAGEMENT OF BODIES FOR COMBATING ECONOMIC CRIMES IN THE USSR OF THE POST-WAR PERIOD
The articles considers the activities of the bodies for combating economic crimes (Departments for combating theft of socialist property (OBKhSS)) in the post-war period (1945-1953). In the process of writing the article, theoretical and practical materials on a given topic were studied. Based on the study of the relevant regulatory material, practice, changes in the management system and activities of the OBKhSS are shown. During the specified time period, the vector of the criminal law policy pursued by the state changes in the aspect of strengthening the protection of socialist property.
Keywords: socialist property, criminal law policy, embezzlement, speculation, criminal liability, public property, OBKhSS.
Reference bibliographic list
1. Petrov N., Jansen M. “Stalin’s pet” – Nikolai Yezhov. – M.: ROSSPEN, 2008. – S. 252-289.
CONSTITUTIONAL LAW
ARTYSHKO Kirill Vladimirovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
OZEROV Oleg Eduardovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
ON THE LEGALIZATION (LEGITIMIZATION) OF RELIGIOUS (CONFESSIONAL) MARRIAGES IN RUSSIAN FEDERATION
In the article the authors consider the question of possible historical, cultural and other reasons, preconditions and consequences of the legitimization of confessional marriages in modern Russian realities. Attention is paid to the contradiction of the principle of the secular state to this novelty. The advantages of confessional marriage and its popularization in society in the light of negative trends in marriage and the state policy in the field of preserving and strengthening traditional Russian spiritual and moral values are being investigated. Russian and foreign statistical and sociological studies of the institution of marriage, including religious marriage, are analyzed. The conclusions substantiates the special nature and influence of marriage concluded through religious ceremonies on the institution of marriage in general, emphasizing the need to adopt the novelty to prevent its degradation.
Keywords: religious marriage, family law, church marriage, marriage, institution of marriage, family institution, religious associations, traditional values, solemnization of marriage, marriage registration.
Reference bibliographic list
1. Gongalo B. M., Krasheninnikov P. V., Mikheeva L. Yu., Ruzakova O. A. Family law: Textbook / Ed. P. V. Krasheninnikova. M.: Statut, 2008. 302 p.
2. Archpriest Vladislav Tsypin. Canon law. M.: Publishing House of the Sretensky Monastery, 2009. 864 p. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Vladislav_Tsypin/kanonicheskoe-pravo/6 (date of access: 01.01.2023)
3. Trofimets I. A. State registration and confessional form of marriage in Russia and abroad // Bulletin of the Khabarovsk State University of Economics and Law. 2011. No. 1.
4. Federal Law “On freedom of conscience and religious associations” dated September 26, 1997 No. 25-FZ // Collection of Legislation of the Russian Federation. No. 39. Art. 5, paragraph 2, as amended and supplemented, as amended on December 05, 2022.
5. Vakhromeeva O. B. Church form of marriage in pre-revolutionary Russia // Actual problems of the humanities and natural sciences. 2014. No. 1-1.
6. Gavrish I. V. Giving religious marriage the status of a marriage registered with the registry office. Text: direct // Family and housing law. 2019. No. 3.
7. Marriages and divorces: Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/12781 (Accessed 01.01.2023)
8. Decree of the President of the Russian Federation of November 9, 2022 No. 809 “On approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values” // Official Internet Portal of Legal Information [Internet Portal]. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202211090019 (date of access: 01/01/2023).
9. Semenova L.V. Family. Concept, types, structure, problems. — Text: direct // Fundamental and applied research: problems and results. 2015. No. 18.
10. Osipova I. The attitude of the Orthodox to the wedding ceremony. — Text: electronic // Public Opinion Foundation (FOM): [website]. – [Electronic resource]. – Access mode: https://fom.ru/blogs/10742 (date of access: 01/01/2023).
11. Johnson C. A., Stanley S. M., Glenn N. D., Amato P. A., Nock S. L., Markman H. J. and Dion M. R. Marriage in Oklahoma: 2001 Baseline Statewide Survey on Marriage and Divorce. [Electronic resource]. – Access Mode: https://www.researchgate.net/publication/240108285_Marriage_in_Oklahoma_2001_baseline_statewide_survey_on_marriage_and_divorce
12. Bradford W. Wilcox and Elizabeth Williamson, “The Cultural Contradictions of Mainline Family Ideology and Practice,” in American Religions and the Family, edited by Don S. Browning and David A. Clairmont (New York: Columbia University Press, 2007) p. 50.
CONSTITUTIONAL LAW
SISAKYAN Arus Kachperonovna
Ph.D. in Law, associate professor of the Department of Education of the Troitsk branch of the Chelyabinsk State University
CONSTITUTIONAL CONSCIOUSNESS IS THE HIGHEST FORM OF LEGAL CONSCIOUSNESS IN SOCIETY AND THE STATE
The author of the article focuses on the dominant role of constitutional legal awareness, which affects the process of legal understanding and interpretation of the Constitution and the current legislation of the Russian Federation. The reasons preventing the achievement of a high level of constitutional legal awareness are analyzed. The necessity of studying the constitutional legal consciousness is explained. In the process of forming a sufficient level of constitutional legal awareness, it should be remembered that it is necessary to popularize legal knowledge among the Russian population.
Keywords: Constitution of the Russian Federation, constitutional legal consciousness, defects of constitutional legal consciousness, democratic and legal state, constitutionalism, constitutional ideology, and constitutional psychology.
Reference bibliographic list
1. Matuzov N.I. Legal nihilism and legal idealism as two sides of the same coin // Jurisprudence. – 1994. – No. 2. – S. 5.
2. Dobrynin N. M. Constitutionalism and the paradigm of public relations in Russia: historical experience, conformism or the inevitability of change // Constitutional and municipal law. – 2020. – No. 1. – P. 3.
3. Barinov E. E. Constitutional legal consciousness in the Russian Federation. Dis. … cand. legal Sciences: 12.00.02. – Rostov-on-Don, 2001. – 209 p.
4. Kravets I. A. Formation of Russian constitutionalism (problems of theory and practice). – Moscow – Novosibirsk: YuKEA Publishing House LLC, 2002. – S. 328.
5. Mamitova N.V. Constitutional legal consciousness in Russian society as a factor in the implementation of constitutional ideas in Russia // Constitutional and municipal law. – 2005. – No. 4
6. Bondar N. S. Judicial constitutionalism: doctrine and practice: Monograph. 2nd ed., revised. – M.: Norma; INFRA-M, 2016. – S. 24.
7. Avdeev D. A. Constitutionalization of legal thinking of citizens as a condition for ensuring human rights // Constitutional and municipal law. – 2017. – No. 4. – P. 21.
ADMINISTRATIVE LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Dagestan State University
PROBLEMS OF ADMINISTRATIVE REFORM AND WAYS TO SOLVE THEM AT THE LATEST STAGE OF DEVELOPMENT OF RUSSIAN PUBLIC ADMINISTRATION
The article is devoted to the analysis of the problems of carrying out administrative reform in accordance with the goals set in the modern period of Russian statehood.
The author reveals that the tasks of modern administrative transformations are not always solved effectively. It is also stated that the administrative reform, being a breakdown of the established model of functioning of administrative bodies, objectively represents a problem that is relevant not only for Russia, but also for other states of the world community.
The article describes a number of problems that arise in the process of administrative transformations and suggests options for their solution.
Keywords: administrative reform, transformation, federal ministries, federal services, federal agencies, functions, public administration, law enforcement.
Reference bibliographic list
1. Genzyuk E. E., Shmaliy O. V. On the issue of control and supervisory functions of executive authorities // Gaps in Russian legislation. – 2012. – No. 6. – S. 211.
2. Zavertkina E. V., Kurakin A. V., Karpukhin D. V. Problems of delimitation of functions of federal executive authorities as a result of administrative reform // Modern law. – 2018. – No. 1. – S. 19.
3. Perov S. V. Supervisory and regulatory functions of federal executive authorities: problems of differentiation in the context of administrative reform // Lex russica. – 2019. – No. 2. – S. 71.
4. Starostin S. A. Administrative reform in the Russian Federation: preliminary results, problems and prospects // Proceedings of the annual Vseros. scientific-practical. conferences dedicated to memory of d. yu. n., prof., merit. scientist of the Russian Federation V. D. Sorokin (March 15, 2013): at 2 o’clock – St. Petersburg: Publishing House of St. Petersburg. University of the Ministry of Internal Affairs of Russia, 2013. – Part 1. – P. 25.
5. Umanskaya V. P. The system of legal acts of executive authorities: theoretical and applied aspects: Dis. … doc. legal Sciences. – M., 2014. – S. 246-248.
ADMINISTRATIVE LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Public law sub-faculty of the Institute of Law of the Samara State University of Economics
GOLUBTSOVA Kseniya Ivanovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
ON THE ISSUE OF THE APPLICATION OF ADMINISTRATIVE PREVENTIVE MEASURES
The article analyzes the issues of the application of administrative offense measures. The application of administrative preventive measures is carried out directly at the moment of the commission of an illegal act, while the application of such measures does not require the establishment of the offender’s guilt. All administrative measures aimed at suppressing offenses and crimes are designed to stop the illegal act being committed, to prevent the onset of socially dangerous consequences. Administrative preventive measures impose on officials the use of special methods and means to prevent the illegal act being committed. The implementation of these measures is a necessary tool to protect the life and health of citizens. The problem of observance of the rights and freedoms of citizens in the activities of law enforcement agencies for a long time continues to be the object of study of many scientists and practitioners, since this topic is currently little explored.
Keywords: measures of administrative restraint, illegal act, administrative offense, offender, official, citizen.
Reference bibliographic list
1. Vechernikova D. V., Koptsov S. V. Problems of the application of delivery as a measure of administrative restraint, carried out by employees of the private security forces of the National Guard of the Russian Federation // Society and Law. – 2021. – No. 1 (75). – S. 84.
2. Belikova S. B., Marzaganova A. M. Measures of administrative restraint implemented by police officers to counter juvenile delinquency // Innovations. The science. Education. – 2021. – No. 29. – P. 515.
3. Kainov V. I., Shenshin V. M. On the legal regulation of some measures of administrative restraint applied by law enforcement agencies: innovations in administrative law // Law in the Armed Forces – Military Legal Review. – 2022. – No. 6 (299). – S. 33.
4. Gubareva T. I., Trusov A. I., Efimov A. A. Conceptualization of the institution of coercion in administrative law science // Legal education and science. – 2022. – No. 9. – P. 37.
5. Keshishyan A. V. Measures of administrative restraint in the field of road safety // International Journal of the Humanities and Natural Sciences. – 2021. – No. 5-4 (56). – P. 17.
6. On the system and structure of federal executive authorities: Decree of the President of the Russian Federation of March 09, 2004 No. 314 // Official Internet portal of legal information. – [Electronic resource]. – Access mode: www.pravo.gov.ru (date of access: 01/10/2023).
ADMINISTRATIVE LAW
PLEKHANOVA Elena Alexandrovna
Ph.D. in economical sciences, associate professor of the Russian Research Institute of Economics, Policy and Law in the Scientific and Technical Field (RIEPP), Moscow
RUDNITSKAYA Anastasia Pavlovna
Ph.D. in political sciences, associate professor of the Russian Research Institute of Economics, Policy and Law in the Scientific and Technical Field (RIEPP), Moscow
AKHMETOVA Gulnur Zairovna
Ph.D. in economical sciences, associate professor of the Russian Research Institute of Economics, Policy and Law in the Scientific and Technical Field (RIEPP), Moscow
DEVELOPMENT OF A DRAFT LIST OF DOCUMENTS GENERATED IN THE COURSE OF THE ACTIVITIES OF THE MINISTRY OF EDUCATION AND SCIENCE OF RUSSIA AND ITS SUBORDINATE ORGANIZATIONS, INDICATING THE PERIODS OF STORAGE
In modern conditions, it seems relevant to draw up a departmental list of documents, which will form the basis of the document flow of the Ministry of Education and Science of Russia and its subordinate organizations. The proposed study is an attempt to summarize the historical experience of compiling lists of documents, to consider approaches to compiling a departmental list using the example of the Russian Ministry of Education and Science and its subordinate organizations, and the stages of its development. The study is not only theoretical in nature, but also has practical significance, since the results obtained can be applied by the Ministry of Education and Science of Russia and its subordinate organizations, other federal executive authorities, other subjects of the scientific, scientific, technical and educational sphere for record keeping, drawing up standard nomenclatures cases indicating the periods of storage, in the development of consolidated, individual nomenclatures of the files of organizations, examination of the value of documents for selection for temporary / permanent archival storage.
Keywords: list of documents, storage period, link scheme of the list of documents, nomenclature of cases, management documentation, education, science, legal regulation.
Reference bibliographic list
1. Afanas’eva L. P., Murav’eva N. A., Savostina E. A. Features of creation and application of departmental lists of documents with retention periods at the present stage. Vestnik VNIIDAD. 2019. No. 5. S. 13-21.
2. Samsonova T. N. Document management in the aspect of the development of the regulatory framework for office work // Altai Bulletin of the State and Municipal Service. 2021. No. 19. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/upravlenie-dokumentami-v-aspekte-razvitiya-normativnoy-bazy-deloproizvodstva (date of access: 09/20/2022).
3. Russia refuses the Bologna system – bachelor’s and master’s degrees. – [Electronic resource]. – Access mode: https://lenta.ru/articles/2022/05/26/bolonsky (date of access: 11/10/2022)
4. Soldatova S. E., Ushakova S. E. Analysis and development of a methodological approach to the formation of the structure of the list of documents regulating the scientific and technical sphere, formed in the course of the activities of federal executive authorities and their subordinate organizations. Upravlenie naukoi i scientometriya. 2021. No. 4.
5. Burova E.M. Lists of documents with periods of storage // Paperwork and document management at the enterprise. 2009. No. 3. S. 52-62.
6. Meshcherina, T. A. A list of typical administrative archival documents generated in the process of activities of state bodies, local governments and organizations, indicating the terms of their storage: history of preparation, main provisions // Otechestvennye archives. 2020. No. 5. S. 37-43.
7. Albrekht B. V., Romanova E. A., Simonova E. R. New “List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the terms of their storage” // Bulletin of VNIIDAD . 2020. No. 3. S. 8-20.
ADMINISTRATIVE LAW
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
YURTAEV Vyacheslav Alexandrovich
student of the Law School of the Far Eastern Federal University
SERGEEVA Kseniya Alexeevna
student of the Law School of the Far Eastern Federal University
THE POWERS OF THE FEDERAL TAX SERVICE TO IDENTIFY AND DISCLOSE TAX CRIMES: EXPANDABLE, CANNOT BE LIMITED
The purpose of this work is to analyze the current legislation and law enforcement practice in the Russian Federation in order to develop proposals for improving the powers of the Federal Tax Service in the field of detecting and disclosing tax crimes. The authors critically assess the current position of the Federal Tax Service in this process, propose conceptually new areas of activity of the body, and also provide a comparative and retrospective analysis of the activities of the bodies of the Federal Tax Service of the Russian Federation and the bodies of the Federal Tax Service. The results obtained are proposed for use in the further activities of the legislator to reform and transform the activities of the Federal Tax Service, as well as to improve interdepartmental cooperation in the field of combating tax crimes. Based on the results of scientific modeling, the authors formulated conclusions, on the basis of which specific changes are proposed to the regulatory framework of the Russian Federation.
Keywords: operational-search activity, operational-search activity in the FTS, tax crimes, tax police, detection of tax crimes, powers of the FTS, interaction between the Federal Customs Service and the FTS.
Reference bibliographic list
1. Annual message of the President of the Russian Federation to the Federal Assembly for 2022. [Electronic resource]. – Access mode: http://duma.gov.ru/news/51307 (date of access: 11/12/2022).
2. Report on the number of convicts for all offenses of the Criminal Code of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/userimages/10-a/10-a-svod-2021.xls (date of access: 11/15/2022).
3. The state of crime in the Russian Federation for January-December 2021. [Electronic resource]. – Access mode: https://img-cdn.tinkoffjournal.ru/-/sb_21_12.pdf (accessed 11/16/2022).
4. Efimova VV Forensic features of modern tax crimes and their difference from other tax offenses // Taxes. – 2022. – No. 1. – S. 39.
5. Bazhanov S. V. A brief digression into the recent history of the tax authorities of the Russian Federation // Business Security. – 2020. – No. 3. – S. 55.
ADMINISTRATIVE LAW
POSULIKHINA Natalya Semyonovna
Ph.D. in Law, senior lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
ACTUAL PROBLEMS OF PROVIDING MEDICAL CARE USING TELEMEDICINE TECHNOLOGIES
The article deals with the problems of realizing the rights of citizens to affordable and high-quality medical care, including using telemedicine technologies. At present, the issue of the legal status of telemedicine technologies has not been fully resolved, which creates serious risks of violating the rights of citizens in this area. It is shown that in order to improve the mechanisms of legal protection of the above categories of citizens, the legislator needs to distinguish between the provision of medical care using telemedicine technologies and other forms of digital (remote) interaction between a doctor and a patient. The author also substantiates the need to specify the legal status of telemedicine services in the overall structure of medical care provided to citizens of the Russian Federation.
Keywords: telemedicine technologies, rights protection, digital interaction, artificial intelligence, information system operator.
Reference bibliographic list
1. Arkhipov V. V., Naumov V. B. Artificial intelligence and autonomous devices in the context of law: on the development of the first Russian law on robotics // Proceedings of SPII RAN. – 2017. – Issue. 6 (55). – S. 50.
2. Gadzhiev G. A. Is a robot agent a person? (search for legal forms for regulating the digital economy) // Journal of Russian Law. – 2018. – No. 1 (253). – P. 17.
3. Gadzhiev G. A., Voinikanis E. A. Can a robot be a subject of law (search for legal norms for regulating the digital economy)? // Right. Journal of the Higher School of Economics. – 2018. – No. 4. – C 36.
4. Somenkov S. A. Artificial intelligence: from object to subject? // Bulletin of the University named after O. E. Kutafin (MGYuA). – 2019. – No. 2. – P. 83.
5. Tiunova A.I. Robot as a subject of legal relationship – myth or reality? // Journal of the Intellectual Property Rights Court. – 2020. – No. 2 (28). – S. 58.
ADMINISTRATIVE LEGAL PROCEEDINGS
MITYASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University
RODIN Denis Yakovlevich
Ph.D. in economical sciences, associate professor of Monetary circulation and credit sub-faculty of the I. T. Trubilin Kuban State Agrarian University
ON THE ISSUE OF PRELIMINARY PROTECTION MEASURES IN AN ADMINISTRATIVE CLAIM
The paper reveals the concept and essence of the institute of measures of preliminary protection of an administrative claim. The approaches of scientists to the concept of measures of preliminary protection of an administrative claim due to the lack of legal consolidation of this term are analyzed. The list of types of measures currently existing in the legislation is given, attention is focused on its openness. Statistical data from the website of the Judicial Department of the Armed Forces of the Russian Federation for 2019, 2020 and 2021 are analyzed. On the consideration and satisfaction by the courts of general jurisdiction of applications for the application of measures of preliminary protection of an administrative claim, it is concluded that there is an annual decline in indicators. An example is given from judicial practice on the refusal to satisfy an application for the application of measures of preliminary protection of an administrative claim. The conclusion on the research topic is formulated.
Keywords: preliminary protection measures, administrative action, types of measures, administrative proceedings.
Reference bibliographic list
1. Code of Administrative Procedure of the Russian Federation dated March 8, 2015 No. 21-FZ // SZ RF. 2015. No. 10. Art. 1391.
2. Starilov M. Yu. Measures of preliminary protection in an administrative claim: to the history of the formation of a legal institution and proceduralforms // Journal of administrative proceedings. 2021. No. 3. S. 45-58.
3. Yarkov VV Administrative proceedings: a textbook for students of legal higher educational institutions in the direction of “Jurisprudence” (specialist, bachelor, master) / Ed. ed. V. V. Yarkov; Ural. state legal un-t. 2nd ed., rev. and additional Moscow: Statut, 2021. 662 p.
4. Yastrebov OA Measures of preliminary protection as an institution of administrative proceedings // Administrative law and process. 2016. No. 12. S. 13-18.
5. On some issues of application by the courts of the Code of Administrative Procedure of the Russian Federation: Decree of the Plenum of the Supreme Court of the Russian Federation of September 27, 2016 No. 36 (as amended on December 17, 2020) // Rossiyskaya Gazeta. 03.10.2016. No. 222.
6. Report on the work of the courts of general jurisdiction at first instance on the consideration of administrative cases and the application of the institution of measures of preliminary protection of an administrative claim for 2019, 2020 and 2021 // Official website of the Judicial Department at the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/ (Date of access: 30.01.2023).
7. Cassation ruling of the First Cassation Court of General Jurisdiction dated November 12, 2019 No. 88a-458/2019 // Electronic resource. Access mode: SPS “ConsultantPlus” (Date of access: 01/30/2023).
8. Aftakhova A. V. The practice of application by courts of measures of preliminary protection in an administrative claim // Problems of administrative proceedings: International scientific and practical conference, Tver, April 19, 2017 / Ministry of Education and Science of the Russian Federation, Federal State Budgetary Educational Institution of Higher Education ” Tver State University, Faculty of Law. Tver: Tver State University, 2017, pp. 28-30.
9. Appeal ruling of the Fifth Court of Appeal of General Jurisdiction dated November 21, 2019 No. 66a-28/2019 // Electronic resource. Access mode: SPS “ConsultantPlus” (Date of access: 30.01.2023).
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ON THE ISSUE OF THE IMPLEMENTATION OF THE PROVISIONS ON THE BANKRUPTCY OF INDIVIDUALS
The article discusses the main provisions of the legislation of the Russian Federation on the bankruptcy of individuals and some problems that arise during certain insolvency procedures. The paper provides examples of the participation and involvement in court proceedings of third parties who do not declare their own claims regarding the subject of the dispute. The study examines the issues related to the possibility of fraud during the bankruptcy procedure, attempts to solve financial issues on payments to creditors at the expense of the property of bona fide purchasers. In addition, the problem of bringing third parties to court proceedings and their obligation to prove in the arbitration court the status of a bona fide acquirer, a person who has not caused harm to other significant issues by his actions, is considered.
Keywords: civil legislation, legislation on insolvency (bankruptcy), individuals, fraud, third parties.
Reference bibliographic list:
1. Ananyeva E. O., Ivliev P. V. Bankruptcy of legal entities // Eurasian legal journal. 2021. No. 4 (155). pp. 173-174.
2. Gadieva T. R., Nadolinskaya V. V. Bankruptcy of individuals in the conditions of the financial crisis // In the collection: Russian law at the present stage. Collection of scientific works of the ΧΙV International Scientific and Practical Conference. M., 2020. S. 252-256.
3. Unified federal register of bankruptcy information. – [Electronic resource]. – Access mode: https://old.bankrot.fedresurs.ru/?attempt=1 (accessed 01/10/2023).
4. Contradictions of judicial practice in cases of criminal bankruptcy. – [Electronic resource]. – Access mode: https://www.advgazeta.ru/mneniya/protivorechiya-sudebnoy-praktiki-po-delam-o-kriminalnom-bankrotstve/ (accessed 01/10/2023).
CIVIL LAW
DAMBAEVA Isabella Vladimirovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Ural State Law University
ON THE ISSUE OF THE FUNCTIONS OF A NOTARY IN CIVIL CIRCULATION
This article analyzes the novelties of the legislation to expand the functions of a notary in the field of civil circulation. On the basis of legislation and law enforcement practice, it was concluded that the relevant activity of the legislator is aimed at a deeper involvement of the notary in civil circulation. At the same time, the development of electronic technologies in the notary is of great importance.
Keywords: civil circulation, civil legislation, notary, functions of a notary, transactions, electronic document management.
Reference bibliographic list
1. Ponomarev S. S. The concept of notaries and notarial activities in the current Russian legislation // Economics, sociology and law. – 2017. – No. 12. – P. 40-42.
2. Iutin Yu. V. Priorities and key tasks for the development of notaries for 2019-2023 // Notarial Bulletin. – 2018. – No. 10-11. – P. 4-6.
3. On amendments to certain legislative acts of the Russian Federation: Federal Law of the Russian Federation of December 29, 2015 No. 391-FZ // Consultant Plus.
4. On Amendments to Article 256 of Part One and Part Three of the Civil Code of the Russian Federation: Federal Law of the Russian Federation No. 217-FZ of July 19, 2018 // Consultant Plus.
5. On the state registration of real estate: federal law of July 13, 2015 No. 218-FZ // Collection of legislation of the Russian Federation. – 07/20/2015. – No. 29 (part I). – Art. 54.
6. Chashkova S. Yu. Certification by a notary of transactions related to the disposal of real estate under guardianship, as well as transactions for the alienation of real estate belonging to a minor // Laws of Russia: experience, analysis, practice. – 2017. – No. 3. – P.41-47.
7. Tatarintseva E. A. Functions of a notary in the emergence and development of legal relations for the upbringing of children in a family // Notary. – 2015. – No. 1. – S. 27-31.
8. Kuznetsov P. U. Information technologies in legal activity: a textbook for universities. 3rd ed., revised. and additional Moscow: Yurayt Publishing House, 2021. 325 p. // Educational platform Urayt. – [Electronic resource]. – Access mode: https://urait.ru/bcode/468537 (date of access: 01/24/2023).
9. Medvedev I. G. Handbook of a notary: In 4 volumes, 3rd ed., revised. and additional – M.: Statute, 2015. Vol. 1: Organization of notarial business. – 717 p.
10. Gazizullina L. Z., Sboeva I. M. Notarial form of transactions with real estate as an effective tool for protecting the rights of citizens // Economics in a changing world. Collection of scientific articles. – Kazan, 2019. – S. 290-294.
11. On amendments to certain laws Acts of the Russian Federation: Federal Law No. 339-FZ of July 14, 2022 // Consultant Plus.
12. Akhmedova M. K. Modern problems of the development of notaries in the Russian Federation // In the collection: Results of modern scientific research and development. Collection of articles of the IX All-Russian Scientific and Practical Conference. – 2020. – S. 88-91.
13. On an alternative procedure for resolving disputes with the participation of an intermediary (mediation procedure): Federal Law of the Russian Federation of July 27, 2010 No. 193-FZ // Consultant Plus.
14. Gorina A. V. Possibilities of notaries in the field of extrajudicial protection of the rights and legitimate interests of citizens and legal entities // International Journal of the Humanities and Natural Sciences. – 2020. – No. 10-3 (49). – S. 49-51.
CIVIL LAW
SERGEEVA Ksenia Alexeevna
student of the Law School of the Far Eastern Federal University
YURTAEV Vyacheslav Alexandrovich
student of the Law School of the Far Eastern Federal University
VRONSKAYA Mariya Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Far Eastern Federal University
DELETING A CUSTOMER REVIEW: LEGAL REGULATION AND JURISPRUDENCE
The purpose of the work is to analyze the nature of a review on the Internet, which has developed in judicial practice; formulating the grounds for deleting the published review and the prospects for their improvement. This study is relevant due to the presence of debatable opinions in doctrine and judicial practice regarding the nature of expressing one’s opinion on the Internet, providing the opportunity to edit published reviews and their impact on the business reputation of a legal entity. The subject of the study is legislation and judicial practice to the chosen issue. The absence of a clear position of the courts regarding this institution was revealed, which is why the authors propose options for updating the current legislation.
Keywords: feedback, Internet, business reputation, deletion of feedback, expression of an objective opinion, inconsistency of information with reality.
Reference bibliographic list
1. Case No. А07-34887/2019. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card/9ee1519e-3cef-412d-bcfd-052b2ae9dcd7 (date of access: 11/11/2022).
2. Case No. А60-12162/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/6hclP4vQBPYl (date of access: 11/15/2022).
3. Yanushevskaya Yu. I. Institute of defamation // Scientific research of the XXI century. – 2022. – No. 3 (17). – S. 195.
4. Ayupov O. Sh. Protecting the business reputation of a legal entity from defamation in the civil law of Russia: dis. … cand. legal Sciences: 12.00.03. – Tomsk, 2013. – 224 p.
5. Prokhorenko DV Responsibility of information intermediaries for defamation on the Internet // Journal of the Court for Intellectual Rights. – 2020. – No. 27. – P. 74-94
CIVIL LAW
ZAKHAROV Kirill Leonidovich
student bachelor of the 2nd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University.
SIKACH Artem Sergeevich
student bachelor of the 3rd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPUKHINA Elizaveta Sergeevna
student bachelor of the 2nd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University.
CHEKULAEV Sergey Sergeevich
Ph.D. in of Law, associate professor of Civil law and process sub-faculty of the Law School of the Far Eastern Federal University
COMPARATIVE LEGAL ANALYSIS OF CHILD PROTECTION INSTITUTIONS IN THE RUSSIAN FEDERATION AND PEOPLE’S REPUBLIC OF CHINA
The article provides a description and analysis of the Russian and Chinese Institute for the Protection of Children with references to legislation, considers the peculiarities of the social structure and analyzes the role of the state and non-state entities in protecting the legitimate rights and interests of children. The main purpose of this research is to derive common provisions and differences that will help to derive the most effective measures and powers that are necessary for the institution of child protection. Analyzing the current integration trends, it is concluded that there is a need for closer international cooperation between both countries to protect children, especially the possibility of concluding an international treaty between the Russian Federation and the PRC on adoption.
Keywords: guardianship and guardianship authorities, juvenile justice, legislation, competence, responsibility, prevention, orphanhood, organization of orphans, adoption.
Reference bibliographic list
1. Sergeev A. P. Civil law: Textbook. Part 1 / Ed. prof. Sergeeva A.P., Yu.K. Tolstoy. – M.: Prospekt, 1998. – S. 73.
CIVIL LAW
ZIMNEVA Svetlana Viktorovna
Ph.D. in Law, associate professor of the Tyumen State University
AVDEEV Kirill Olegovich
magister student of the Institute of State and Law of the Tyumen State University
THE CORELLATION OF THE DEPOSIT AND THE SECURITY DEPOSIT AS WAYS TO SECURE OBLIGATIONS IN CIVIL LAW
In this article, the authors consider the issue of the ratio of the deposit and the security deposit from the point of view of their essence as security funds.
In order to comprehensively consider the identified issue, the authors conduct a detailed analysis of the security funds under study, referring to the features of the entire institution of security in civil law, which are characteristic of each individual method of security, compare the deposit and the security deposit in terms of similarities and differences in the mechanism of action as a security tool. The authors highlight clear criteria for distinguishing the considered security funds from each other and conclude on the degree of expediency of allocating a security deposit as a separate security asset.
Keywords: methods of security, security funds, deposit, security payment, fulfillment of obligations, restorative function.
Reference bibliographic list:
1. Udalova N. M. Deposit as a way to ensure the fulfillment of obligations // Modern scientific research and innovation. – 2014. – No. 1. – P. 25-27.
2. Gasnikov KD The legal nature of the security deposit and the application of penalties and losses under the preliminary contract // Comment. practice of considering economics. disputes (judicial-arbitrary practice) / Ed. V. F. Yakovleva. – 2015. – No. 21. – P. 124-127.
3. Antsiferov O. D. Security deposit under a preliminary contract for the sale of housing // Legislation and Economics. – 2007. – No. 1. – S. 73-75.
CIVIL LAW
KIRSANOV Alexey Nikolaevich
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
GREVTSEV Nikolay Alexeevich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ABOUT SOME ASPECTS OF THE BROKER’S INTERACTION WITH THE RETAIL INVESTOR
The writing of the article was due to the large influx of retail investors into the financial market over the past few years who do not have the necessary knowledge and skills to work in the stock market. Brokers, in turn, took advantage of this situation and actively began to attract as many clients as possible to brokerage services, while allowing a significant number of abuses when interacting with clients. The article examines in detail the main problematic aspects of the broker’s interaction with a retail investor. In particular, the authors consider the issues of the content of the brokerage service agreement, explore the international experience of regulating the interaction of financial intermediaries with their clients, and also offer various options for improving domestic legislation in order to develop the Russian financial market. These proposals can be used by the legislator in the preparation of relevant regulations.
Keywords: broker, retail investor, stock market, brokerage agreement, financial market, financial intermediary.
Reference bibliographic list
1. Afanasyeva Yu., Analyst of FINAM Group of Companies, “How to conclude a brokerage agreement” // Finam, article dated 07/17/2019. [Electronic resource]. – Access mode: https://www.finam.ru/education/likbez/kak-pravilno-zaklyuchit-brokerskiiy-dogovor-20190423-143842/.
2. Overview of key indicators of professional participants in the securities market for 2020. Information and analytical material. Bank of Russia, 2021. [Electronic resource]. – Access mode: https://cbr.ru/Collection/Collection/File/32068/review_secur_20.pdf.
3. Berzon N. I. The securities market: a textbook for academic undergraduate studies / Under the general editorship of N. I. Berzon. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2019.
4. Tatyannikov V. A. The securities market: a textbook under the general. ed. V. A. Tatyannikova; Ministry of science and higher arr. Ros. Federation, Ural. state economy un-t. – Yekaterinburg: Ural Publishing House. un-ta, 2019.
5. Decision of the Ninth Arbitration Court of Appeal dated March 24, 2015 No. 09AP-5811/2015 in case No. A40-135751/14 // ATP ConsultantPlus.
6. Resolution of the Ninth Arbitration Court of Appeal dated May 11, 2016 No. 09AP-15805/2016 in case No. A40-4686/16 // ConsultantPlus ATP.
7. Bank of Russia Ordinance No. 5350-U, dated December 10, 2019, “On the tabular form of the terms and conditions of a loan agreement, a loan agreement concluded with an individual for purposes not related to their business activities, and the borrower’s obligations under which are secured by a mortgage, the list of which defined by paragraphs 1 – 13, 15 and 16 of part 9 of Article 5 of the Federal Law of December 21, 2013 No. 353-FZ “On consumer credit (loan)” // ATP “ConsultantPlus”.
8. Foreign and Russian broker: comparison, InvestProfit Transparent investment. Financial blog, 05/15/2018 [Electronic resource]. – Access mode: https://investprofit.info/zar-vs-ross-broker/?
CIVIL LAW
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
VANEEVA Mariya Andreevna
student of the Faculty of Police Training for Public Order Units of the St. Petersburg University of the MIA of Russia
ON THE ISSUE OF ADMINISTRATIVE ACTIVITIES OF THE POLICE, CARRIED OUT IN THE PREVENTION, DETECTION AND SUPPRESSION OF OFFENSES IN THE FIELD OF PROPERTY PROTECTION
In this article, the authors analyze the main problems of the practical activities of police officers in the field of property protection, and offer some recommendations for solving existing problematic issues. An analysis is given of offenses of this type, on the basis of which it is proposed to pay attention to the compositions that do not determine the main indicators of the operational and service activities of employees of the internal affairs bodies, in order to develop methodological recommendations for them that allow, at a sufficient level, to prevent, detect and suppress offenses in the field of protection property
Keywords: administrative activity of the police, police officer, property, protection of property, administrative legislation, qualification, offenses in the field of property protection, prevention, detection, suppression, problem, solution, practical recommendation.
Reference bibliographic list
1. Order of the Federal Property Management Agency dated September 17, 2007 No. 169 “On organizing the work of the Federal Agency for Federal Property Management in coordinating transactions with the property of federal state unitary enterprises based on the right of economic management” (together with the “Temporary Regulations for Organizing the Work of the Federal Agency for Federal Property Management on the coordination of transactions of federal state unitary enterprises based on the right of economic management in relation to the federal property assigned to them”)
2. Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation of February 17, 2011 No. 11 (as amended on March 4, 2021) “On Some Issues of Application of the Special Part of the Code of the Russian Federation on Administrative Offenses”
CIVIL LAW
MALENKAYA Ekaterina Andreevna
master of jurisprudence, Head of the Legal Department of the LLC “Synchronization”, Moscow
MALINOVA Anna Grigorjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the O. E. Kutafina Moscow State Law University (MSLA)
LIMITS OF FREE USE OF WORKS IN THE APPLICATION OF ONLINE TECHNOLOGIES IN THE EDUCATIONAL PROCESS
The problems covered in the article are relevant not only for higher educational institutions, but also for any other subjects of the educational process, which include, in particular, various online schools, private universities, cultural and educational platforms that provide educational services through the creation and implementation of various information products – educational courses, lectures, trainings, etc.
Keywords: educational process, online technologies, works, free use of works, object of intellectual rights.
Reference bibliographic list
1. Vorozhevich A. S. Lawful citation as a case of free use of various objects of copyright // Law. – 2019. – No. 7. – S. 169-182. Access from ATP “ConsultantPlus”.
2. Vorozhevich A. S., Kozlova N. V. Cases of free use of objects of copyright: essence, general overview // Bulletin of Civil Law. – 2019. – No. 5. – S. 43-78.
3. Civil law: textbook: in 3 vols. Vol. 2 / I. A. Andreev, I. Z. Ayusheeva, A. S. Vasiliev [and others]: ed. S. A. Stepanova. – M.: Prospect; Ekaterinburg: Institute of Private Law, 2011. – 712 p.
4. Dobryakova G. E. Comparative analysis of permitted use institutions and the fair use doctrine in the legal regulation of the Russian Federation and the USA” // Lawyer. – 2022. – No. 2. – S. 29-33. Access from ATP “ConsultantPlus”.
CIVIL LAW
VISHNYAKOV Roman Vladimirovich
postgraduate student of the Moscow City Pedagogical University
CRYPTOCURRENCY AND OTHER VIRTUAL CURRENCY IN CASH AND OTHER OBLIGATIONS UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION
The article discusses the features of the regulation of cryptocurrency and other digital assets from 2014 to 2021. In addition, the article explores the problems that arise due to the reduction in cash turnover and the transition to digital financial assets. Various proposals of the authorities to regulate issues related to cryptocurrency and digital money, as well as their place in the system of objects of civil legal relations, are also being studied.
Keywords: cryptocurrency, digital assets, legal regulation, currency, monetary surrogate.
Reference bibliographic list
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on December 29, 2020) (as amended and supplemented on August 6, 2021) // Rossiyskaya Gazeta. – 1994. – Art. 3691.
2. Draft Federal Law No. 957581-6 “Code of the Russian Federation on Administrative Offenses”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc;base=PRJ;n=139890#0326973589401316 4 (date of access: 02/06/2022).
3. The profile committee considered amendments to the draft, which creates the basis for regulating relations in the digital economy. [Electronic resource]. – Access mode: http://duma.gov.ru/news/29828/ (accessed 03.02.2022).
4. Ovchinnikov A. I., Fathi V. I. Legal regulation of cryptocurrencies in Russia: current state and development prospects // Civil law analytics, family law, land law. – 2018. – No. 4. – P. 154-157.
5. Rusanova P. A. Legal regulation of cryptocurrency in Russia // International Journal of the Humanities and Natural Sciences. – 2020. – S. 20-29.
6. Ryzhov N. A. Analysis of the prospects for the legal regulation of cryptocurrencies in the framework of ensuring national and international security // Lawyer. – 2018. – No. 5.
7. Federal Law of March 18, 2019 No. 34-FZ (last edition) “On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation” // Rossiyskaya Gazeta. – 2019. – Art. 201.
8. Federal Law “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” No. 115-FZ dated August 7, 2001 (last edition) // Rossiyskaya Gazeta. – 2001. – S. 9012.
9. Federal Law of July 31, 2020 “259-FZ “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation””. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_358753/ (date of access: 02/06/2022).
10. The Central Bank prepared a draft to ban cryptocurrency and proposed fines. [Electronic resource]. – Access mode: https://www.rbc.ru/finances/18/02/2022/620f75b69a7947762be3a633 (accessed 02/12/2022).
11. Yankovsky R. M. Cryptocurrencies in Russian law: surrogates, “other property” and digital money // Law. Journal of the Higher School of Economics. – 2020. – No. 4. – P. 43-74.
12. Putin discussed with the government the situation with coronavirus and cryptocurrencies. [Electronic resource]. – Access mode: https://rg.ru/2022/01/27/putin-obsudil-s-pravitelstvom-situaciiu-s-koronavirusom-i-kriptovaliuty.html (accessed 05.02.2022).
CIVIL LAW
ERMOLENKO Kirill Igorevich
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PUPYSHEV Mark Alexandrovich
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
Malakhov Alexander Valentinovich
associate professor of Labor and ecological law sub-faculty of the Law School of the Far Eastern Federal University
THE EXPEDIENCY OF INTRODUCING THE SINGLE PROPERTY UNIT CONCEPT IN RUSSIA
The article is devoted to the issue of expediency of introducing the concept of a single real estate object into Russian civil law. The content and problems of the existing principle of the unity of the fate of a land plot and objects are analyzed. The foreign regulation of this issue is compared in various legal orders. The provisions of the legislation on this problem are studied.
Keywords: single property unit, real estate, the unity of fate, a land plot, a single property unit complex.
Reference bibliographic list
1. Akinshina A. V. Problems of implementing the principle of unity of the legal fate of a land plot and objects firmly connected with it in hereditary legal relations // NOMOTHETIKA: Philosophy. Sociology. Right. – 2013. – No. 8 (151).
2. Alekseev V. A. A single object of real estate: gradual movement towards the goal or disorganization of legal regulation // Bulletin of economic justice. – 2018. – No. 8.
3. Alekseev V. A. New in the legislation on immovable things: a critical comment // Law. – 2022. – No. 4.
4. Bevzenko R. S. The principle of the unity of the fate of rights to a land plot and buildings on it. – Moscow: Statute, 2020.
5. Betkher V. A. Unauthorized creation and (or) change of real estate objects in the Russian Federation (civil law aspect). – Moscow: Yustitsinform, 2017. – S. 37-38.
6. Dovlatova E. V. Features of the regulation of a “single object of real estate” and objects of real estate connected by a “single fate” // Legislation. – 2007. – No. 8.
7. Kazachenkov S. D. On the significance of the category “property taxation” in modern conditions // Bulletin of the Faculty of Law of the Southern Federal University. – 2022. – No. 3.
8. Mustakimov N. S., Poprukhina E. A. The historical aspect of the regulation of legal relations of land ownership in Russia // Mariyskiy yuridicheskiy vestnik. – 2016. – No. 4 (19).
9. Naumov E. L. On the concept of real estate // Legislation. – 2015. – No. 5.
10. Osmanova D. O. Low-rise residential complex: the concept and features of the legal regime // Laws of Russia: experience, analysis, practice. – 2022. – No. 10.
11. Parkhomenko D. V., Predtechenskaya E. A. The unity of the fate of land plots and real estate objects firmly connected with them // Interexpo Geo-Siberia. – 2018. – No. 3.
12. Romanov V. I. Property law nnosti na zemli v Rossii: kontseptie, soderzhanie, istoriia osushcheniya [Mariyskiy yuridichesky vestnik]. – 2005. – No. 4.
13. Chaplin N. Yu. The concept of a single real estate object: on the issue of expediency and the possibility of its implementation in Russian legislation // Journal of Russian law. – 2019. – No. 1.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 4th course of the Faculty of History and Law of the Kuzbass Humanitarian Pedagogical Institute of the Kemerovo State University
THE ADAPTATION OF CIVIL LAW FOR FILLING THE BLANKS IN THE CRIMINAL LEGISLATION
The article deals with the issue of filling gaps in criminal legislation with the help of civil law norms. In particular, the issue of the seizure of property obtained criminally by means of the norms of the Civil Code of the Russian Federation devoted to invalid transactions is being considered, while the application of confiscation of property according to the norms of the Criminal Code of the Russian Federation is impossible.
Keywords: confiscation, transaction, invalid transaction, void transaction, withdrawal to state revenue, receiving a bribe, giving a bribe.
Reference bibliographic list
1. Belov A. V. Civil law. In 4 vols. T. II. A common part. In 2 books. Book 2. Facts: a textbook for academic undergraduate and graduate programs. – M.: Yurayt, 2016. – 497 p.
2. Em V. S. On the criteria for the nullity of transactions in the latest civil legislation of Russia // Bulletin of Civil Law. – 2014. – T. 14. – No. 6. – S. 140-165.
3. Karapetov A. G. Transactions, representation, limitation period: article-by-article commentary on articles 153-208 of the Civil Code of the Russian Federation / ed. A. G. Karapetov. – M.: M-Logos, 2018. – 1264 p.
CIVIL LAW
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
KONOVALOVA Svetlana Igorevna
senior lecturer of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
lecturer of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
FEATURES OF LEGAL REGULATION OF HORTICULTURAL NON-PROFIT PARTNERSHIPS
In the article, the authors analyze the normative legal acts regulating the activities of horticultural non-profit partnerships. The authors pay special attention to the problems of law enforcement practice of the current legislation in ensuring the normal economic activity of horticultural non-profit partnerships.
Keywords: normative legal act, horticultural non-profit partnership, legal regulation, economic activity of the partnership, law enforcement practice.
Reference bibliographic list
1. Krasheninnikov P. V. A novel with a legal entity // Rossiyskaya Gazeta. – 2014. – No. 6440 (168). – S. 1.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPETS Svetlana Igorevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PLATONOVA Alexandra Dmitrievna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
MALAKHOV Alexander Valentinovich
associate professor of Labor and environmental law sub-faculty of the Law School of the Far Eastern Federal University
SOME PROBLEMS OF LAND EASEMENT’S LEGAL REGULATION IN THE RUSSIAN FEDERATION
The article analyzes the legal nature of the land easement, reviewed the changes made to the regulatory framework governing this institution to identify current problems of legal regulation and search for solutions to eliminate existing legislative gaps. Despite the focus of the land easement institute on ensuring a balance of private and public interests, a few norms of the current legislation violate this balance, and therefore further improvement of the regulatory framework is necessary. The results of the study confirmed the fact that there are a few unresolved issues in the current land legislation, which have been repeatedly pointed out by representatives of legal science.
Keywords: easement, land easement, restriction of the right to land, land legislation, public easement
Reference bibliographic list
1. Volkov G. A. Land easements: development and problems of guarantees of rights // Uchenye zapiski Kazanskogo universiteta. Series: Humanities. – 2019. – T. 161. Book. 1.
2. Gordienko I. I. Legal problems arising when establishing an easement on a land plot // Property relations in the Russian Federation. – 2019. – No. 4 (211).
3. Rybina S. N., Eshkileva N. A. Problems of legal regulation of land easement in the Russian Federation // Issues of Russian and international law. – 2019. – Volume 9. No. 2A.
4. Strenin D. Public servitude in the land Rave: new in legislation // Education and law. – 2020. – No. 3.
CIVIL LAW
NABIULLIN Eduard Fagimovich
postgraduate student of the University of Management “TISBI”
MODERN TRENDS IN THE LEGAL REGULATION OF INSOLVENCY (BANKRUPTCY)
The bankruptcy procedure of a debtor – a legal entity is a fairly popular procedure among creditors used to obtain funds. However, do not forget that this procedure has a serious impact on the economic component of our country. The bankruptcy procedure is an effective mechanism in satisfying creditors’ claims, while the country is being cleansed of low-performing organizations that slow down the development of the economy. In addition, this procedure can help the debtor to restore its activities, who has fallen into a difficult situation, if, of course, an appropriate procedure (supervision, external management) is introduced, which will save all the company’s assets and jobs. Taking into account the real realities associated with the COVID-19 pandemic and economic instability in 2022 years, the state had to introduce a new concept of “moratorium” and approve it at the legislative level in the form of a norm. This provision implies the protection of business in a difficult economic situation, and provides it, if necessary, a delay to solve existing financial problems. The available statistics collected over the last 2 (two) years of the moratorium allows us to assert the effectiveness of this measure. In this article, we will analyze the regulatory legal acts adopted and related to such institutions as bankruptcy, and also try to track the application of these norms and their impact on bankruptcy in general in modern realities.
Keywords: bankruptcy of organizations, moratorium, external management, supervision, bankruptcy proceedings.
Reference bibliographic list
1. Koraev K. B. The essence and significance of the institution of contesting transactions and other actions of the debtor in the framework of the case of its insolvency (bankruptcy), its difference from contesting transactions on common grounds // Lawyer. – 2018. – No. 2. – P. 25-29.
2. Viktor Khimichev. Protection of the rights of creditors in bankruptcy. – M.: Wolters Kluwer, 2020. – 176 p.
3. Isik L. V. Bankruptcy and financial recovery. – M.: Business and Service, 2021. – 272 p.
CIVIL LAW
MILENTENKOVA Yana Vladimirovna
postgraduate student of Civil law sub-faculty of the Saratov State Academy of Law
ON THE QUESTION OF THE RATIO OF CONTRACTUAL AND NON-CONTRACTUAL (TORT) LIABILITY
Civil law, as a science, currently does not provide unambiguous answers to questions about the relationship between contractual and non-contractual (tort) liability. Nevertheless, the question of the correlation of these types of liability is of fundamental importance for the most effective, and most importantly, the lawful application of the norms in specific cases to ensure the protection and restoration of violated rights. This article identifies the similarities of the two types of liability through a detailed analysis of civil liability as a generic concept. The characteristic features of the differentiation of contractual and tort liability are indicated. The necessity of classifying liability into contractual and tort is identified and justified.
Keywords: civil liability, contractual liability, tort liability, obligation.
Reference bibliographic list
1. Ioffe O. S. Selected works: in 4 volumes. T. 1. – St. Petersburg: Legal Center Press, 2003. – 574 p.
2. Roshchin M. E. To the question of the concept of civil liability // Modern science: theory and practice. – 2015. – No. 1 (8). – S. 22-31
3. Prokaev A. V., Strokova O. G. Methodological study of non-contractual liability and non-contractual obligations // Vestnik SGYuA. – 2019. – No. 5 (130). – S. 132-142.
4. Civil law: Textbook: In 3 volumes. T. 1. – 6th ed., Revised. and additional / Rev. ed. A. P. Sergeev, Yu. K. Tolstoy. – M .: TK Velby, Publishing House Prospekt, 2003. – 776 p.
5. Alekseev S. S. Civil liability for non-fulfillment of the railway transportation plan. – M., 1959. – 176 p.
6. Ioffe O. S., Tolstoy Yu. K. New Civil Code of the RSFSR. – L., 1965. – S. 231.
7. Civil Code of the Russian Federation (Part 1) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. – 1994. – No. 32. – Art. 3301; (Part 2) dated January 26, 1996 No. 14-FZ // Collection of Legislation of the Russian Federation. – 1996. – No. 5. – Art. 410.
8. Resolution of the Constitutional Court of the Russian Federation of March 10, 2017 No. 6-P “On the case of checking the constitutionality of Article 15, paragraph 1 of Article 1064, Article 1072 and paragraph 1 of Article 1079 of the Civil Code of the Russian Federation in connection with complaints from citizens A.S. Arinushenko, G.S. Beresneva and others” // Collected Legislation of the Russian Federation. – 13.03.2017. – No. 5. – Art. 400.
CIVIL LAW
SAMANBA Ivan Leonidovich
postgraduate student of the 4th course of the A. S. Pushkin Leningrad State University
PROTECTION OF CITIZENS’ RIGHTS IN WINTER
This article provides a brief description of housing legal relations in Russia, assesses the state of work ofpublic authorities in the exercise of their powers to coordinate the activities of organizations of the housing and communal complex during heavy snowfalls, the formation of ice and icicles on the territory of St. Petersburg.
In particular, it reveals the main problematic issues faced by both citizens and public authorities and organizations of the housing and communal services sector of St. Petersburg. Petersburg in winter, describes the reasons for the lack of protection of citizens and their property, suggests ways to improve the quality of public services and prompt restoration of violated rights.
The expediency of improving the existing protection mechanisms in case of damage to the health and property of citizens as a result of improper maintenance by authorized organizations of the subordinate territory, including by changing the regulatory framework, is substantiated.
Keywords: protection of citizens’ rights, housing legal relations, housing and communal services organizations, public authorities.
The article bibliographic list
1. Lukasheva E.A. human rights. Textbook for universities. – Moscow: Publishing Group NORMA-INFRA-M, 1999. – Pp. 8-9.
2. Klimentyeva S. V. Problems of housing and communal services in the conditions of a pandemic (“Legal issues of real estate”). – 2021. – No. 2 // SPS ConsultantPlus.2021.
3. Speranskaya L.V. Housing and communal services//SPS ConsultantPlus.2022.
4. Monuments of Russian law. Issue 1. Monuments of the law of the Kievan state of the XI – XII centuries / Edited by S. V. Yushkov. – M.: Gosyurizdat, 1952 (hereinafter – PRP. Issue 1). – Pp. 122, 126, 130-131.
5. Shershenevich G. F. Textbook of Russian civil law. – M.: Spark, 1995. – 556. – P. 2.
6. Stuchka P. I. The People’s Court in questions and answers. – M.: Publishing house “Communist”, 1918. -Art. 13-20.
7. Khalfina R.O. Marxist-Leninist general theory of state and law. socialist law. M.: Jurid. lit., 1973. p. 490; General doctrine of legal relations. – M.: Jurid. lit., 1974. – Pp. 9-114.
8.Kustova E. Disputes with the management company for cleaning the territory // Housing law. – 2016. – No. 2.-Pp. 101-105.
9. Dolgopolov P.S. Housing inspection // SPS ConsultantPlus.2022.
10. Prosecutorial supervision: Textbook and workshop for academic bachelor’s degree / Edited by A. F. Smirnov, A. A. Usachev. – M.: Yurayt, 2016. – 402 p.
11. Astashkina E. Yu., Trufanov M. E. Institute of administrative and legal protection of personal non-property rights of citizens: trends of improvement // Administrative law and process. – 2021. – No. 10.-Pp. 55-58.
12. Rezer T. M., Kuznetsova E. V., Likhachev M. A. Mechanisms for the implementation and protection of human and civil rights: studies. stipend // [under the general editorship of T. M. Rezer]; M-in science and higher education. education grew. Federation, Ural. feder. un-t. – Yekaterinburg: Publishing House. un-ta, 2019. – 110 p.
13. Tolstykh M. Recalculation for housing and communal services: analysis of disputes // Housing law. – 2018. – No. 4.-Pp. 23-36.
14. Boychenko I.S. Legal support of electronic interaction in the formation of an information society in the Russian Federation // State power and local self-government. – 2017. – No. 1.-Pp. 38-44.
15. Uvaeva M. Cleaning of snow, garbage // Housing law. – 2016. – No. 3.-Pp. 85-95.
CIVIL PROCESS
VASKINA Alina Alexandrovna
student of the School of Law of the Far Eastern Federal University
GAEVAYA Angelika Alexandrovna
student of the School of Law of the Far Eastern Federal University
ACTUAL PROBLEMS OF ACCESSIBILITY OF JUSTICE IN CIVIL PROCEEDINGS
In this paper, the authors analyze the institute of accessibility of justice in civil proceedings and identify current problems arising within the framework of the institute under study. In order to systematize and organize various problems of accessibility of justice, the authors have made their classification, the criterion of which is a specific subject. The first group of problems of accessibility of justice are problems that directly hinder the realization of the right to judicial protection. The second group of problems of accessibility of proceedings includes problems associated with an insufficiently secured level of simplicity and clarity of the structure of the judicial system. The next group of problems of accessibility of justice is the problems associated with insufficient provision and facilitation of access to justice. Separately, the authors consider the problem of excessive court costs, since it is one of the central problems of accessibility of justice, in many respects the appeal to the court for the protection of violated rights and interests is directly affected by the totality of all related costs. When studying the problems, the authors focus on current judicial practice.
Keywords: accessibility of justice; civil procedure; current problems; the problem of groundless refusal to accept a statement of claim; the problem of determining jurisdiction; the problem of excessive court costs.
Reference bibliographic list
1. Generalization of the judicial practice of the First Cassation Court of General Jurisdiction on errors in resolving the issue of accepting a claim for proceedings // 2021. [Electronic resource]. – Access mode: https://1kas.sudrf.ru/modules.php?name=docum_sud&id=38 (Text: electronic).
2. Ruling of the First Cassation Court of General Jurisdiction dated April 15, 2021 No. 88-9194/2021, 9-234/2020
3. Ruling of the First Cassation Court of General Jurisdiction dated March 11, 2020 No. 88-4622/2020, 9-30/2019
4. Ruling of the First Cassation Court of General Jurisdiction dated February 25, 2021 No. 88-3151/2021, 9-733/2020
5. Ruling of the First Cassation Court of General Jurisdiction dated March 20, 2020 No. 88-8259/2020, 9-979/2019
6. Decree of the Council of the Chamber of Advocates of the Primorsky Territory dated June 25, 2020
7. Prikhodko I. A. Access to justice in arbitration and civil proceedings: main problems. 2005
8. Savinova A. V. Legal expenses as an obstacle to the implementation of the principle of access to justice // International Journal of Humanities and Natural Sciences. – 2019. – No. 4-3. – S. 153-156.
CIVIL PROCESS
AFANASJEVA Nelli Vladimirovna
postgraduate student of Civil law and process sub-faculty of the M. M. Speransky Faculty of Law of the RANEPA under the President of the Russian Federation
ACTUAL PROBLEMS OF APPLICATION OF ARTICLE 50 OF THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION
The article analyzes the current topical problems of the application of Article 50 of the Civil Code of the Russian Federation. representatives appointed by the court; the role of the principles of civil procedure in the application of Article 50 of the Civil Procedure Code of the Russian Federation is determined; weaknesses of the application by courts of the institution of representation by appointment of the court are identified. The results of the study are the author’s proposals for improving civil procedural legislation.
Keywords: civil procedure, representation by appointment of the court, adversarial, dispositivity, legal fact, unknown place of residence of the defendant, court, court decision, place of registration of the defendant.
Reference bibliographic list
1. Bortnikova N. A. Representation by appointment of a court in civil proceedings: dis. … cand. legal Sciences. – Voronezh, 2011 – C. 38.
2. Kazikhanova S.S. Appointment by the court of sworn attorneys in civil cases according to the Charter of Civil Procedure of November 20, 1864. Article. – M., 2015. – C. 59.
3. Kazikhanova S. S. Representation by appointment of a court in civil proceedings: dis. … cand. legal Sciences. M., 2015. – S. 95.
4. Tabak I. A. New provisions of judicial representation in civil proceedings: dis. … cand. legal Sciences, 2006. – S. 180.
5. Chistyakova O. P. Representation in court // Civil procedural law: Textbook / Ed. M. S. Shakaryan. – M .: TK Velby, Publishing House Prospekt, 2004. – S. 101.
CIVIL PROCESS
MONAKHOV German Dmitrievitch
student of the Law School of the Far Eastern Federal University
VASKINA Alina Alexandrovna
student of the Law School of the Far Eastern Federal University
DISSENTING OPINION OF JUDGES OF COURTS OF GENERAL JURISDICTION: ADVANTAGES AND DISADVANTAGES AND FOREIGN EXPERIENCE
In this paper, the author analyzes the institution of a special opinion of judges from the perspective of its positive and negative features, identified by both legal scientists and in the judicial practice, as well as from the position of its legislative consolidation in the normative legal acts of a number of European countries. Thus, the author stated that the actual many features of the dissenting opinions of judges, such as promoting the independence of judges and the effectiveness of judicial proceedings, depending on the specific legal system and expectations from judicial proceedings can be interpreted from both positions: both positive and negative. As for the issue of legislative consolidation in various European legal systems, the author found that in almost all countries of the continental legal system, dissenting opinions are prohibited, which is primarily due to state policy and the rule of the principle of secrecy of the conference room. At the end of his work, the author identified some factors that influenced the state of the legal institution in question in European countries, including Russia. Among these factors, the author attributed excessive bureaucratization of the judicial system and the difference in understanding the essence of law.
Keywords: dissenting opinion of a judge, secrecy of the conference room, civil procedure, criminal procedure, independence of judges, efficiency of judicial proceedings, collegial consideration of the case in court.
Reference bibliographic list
1. Art. 260, Ley Organica 6/1985 del Poder Judicial; contrary to the practice in many States (e.g. the USA), all judges must sign the final decision, even if they dissent. Moreover, according to Art. 206, if the judge rapporteur does not agree with the majority, he must refuse to draft the judgment and write a reasoned dissent.
2. Art. 448, code de procedure civile, and art. 6, ordonnance 58-1270, cit. (for ordinary judges); art. 3, ordonnance 58-1067 portant loi organique sur le Conseil constitutionnel, 7 November 1958 (for constitutional judges).
3. Brennan, op. cit., at 438; with regard to the British tradition, also see J. Alder, Dissents in courts of last resort: tragic choices? in Oxford Journal of Legal Studies, n. 20/2000, 221-246, part. at 233.
4. Conseil d’Etat, 17 Nov. 1922, Lebon 1922 849, cited in J.-P. Ancel, Les opinions dissidentes. – [Electronic resource]. – Mode of access: http://www.courdecassation.fr/IMG/File/opinions_dissidentes_jp_ancel.pdf. Conseil d’Etat, 15 October 1965, in Mazel, Droit administratif, 1965, n. 377, cited in Lecuyer, op. cit., at 199.
5 Dickinson, op. cit. supra. note 27, at 76; Arnold, loc. cit. supra note 17, at 629.
6. Edward, op. cit., at 557: “a disadvantage of the collegiate approach is that the judgment may simply cloak an inability to reach a clear decision. A camel is said to be a horse designed by a committee, and some judgments of the Court of Justice are camels.”
7. Guggenheim, Vilkerrechtsprozessrecht und inaterielles Recht (1931) I1 ZT. F. OFF. Rr. 555-576.
8. Hudson, Ten Years of the World Court (1932) 11 For. Aff. 81, 90.
9. Jeze L. Les PRINCIPES GANERAUX DU droit administratif (3d ed. 1926) 23-26, treats of the “service public de justice civile”.
10. Guggenheim, Vilkerrechtsprozessrecht und inaterielles Recht (1931) I1 ZT. F. OFF. Rr. 555-576.
11. Laffranque, J., Dissenting opinion and judicial independence, in Juridica international, 2003, 162-172; M. Kirby, Judicial dissent – common law and civil law traditions, in Law quarterly review, 2007, 379-400.
12. Luchaire and Vedel, op. cit.; Malenovsky, op. cit., at 38.
13. Master, op. cit., 114-118. Also T. Freixes, La pratique des opinions dissidentes en Espagne, in Nouveaux Cahiers du Conseil Constitutionnel, 2000. – [Electronic resource]. – Mode of access: http://www.conseil-constitutionnel.fr/conseilconstitutionnel/francais/nouveaux-cahiers-du-conseil/cahier-n-8/la-pratique-des-opinions-dissidentes-enespagne.52543.html ( citing the statute of the Constitutional Court of the Second Spanish Republic).
14. Mr. Justice Frankfurter in United States v. Morgan, 313 U. S. 409, 421 (1941).
15. Nelissen B. Judicial loyalty through dissent or why the timing is perfect for Belgium to embrace separate opinions, in Electronic Journal of Comparative Law, 2011; Art. 2, Decret du 20 juillet 1831 concernant le serment.
16. Basangov D. A. Doctrinal constitutional interpretation in the activities of the Constitutional Court of the Russian Federation: dis. … cand. legal Sciences. – M., 2004.
17. Shinyaeva N. The Supreme Arbitration Court of the Russian Federation begins to publish dissenting opinions of its judges. – [Electronic resource]. – Access mode: http: www. pravo. ha/news/ vie w/5 5006/.
LABOR LAW
GERMAN Elena Sergeevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
LOMAKINA Irina Gennadjevna
Ph.D. in Law, associate professor of Civil and business law sub-faculty of the Novosibirsk University of Economics and Management, associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
RELOCATION AS AN EFFECTIVE WAY TO MINIMIZE THE RISKS OF LARGE COMPANIES “LEAVING” THE RUSSIAN MARKET
The article discusses some options for the termination or change of employment relations with employees of foreign companies in case of forced termination of their activities under the pressure of sanctions imposed against the Russian Federation. It is proposed to react more carefully to the practice of forming relations with labor collectives (often thousands many) on the part of employer companies when making a decision to curtail production in Russia. In particular, the analysis of the concept of relocation used by companies as the most effective way to minimize unavoidable risks is given.
Keywords: efficiency, risk minimization, relocation, liquidation of the employer company, reduction of the number or staff of employees.
LABOR LAW
KLEVTSOV Maxim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
OLOVYANNIKOVA Alexandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
THE ROLE OF TRADE UNIONS IN THE LIFE OF MODERN RUSSIAN SOCIETY
This article discusses the issues of the legal status of trade unions and their significance in modern conditions. As practice shows, any changes in public life pose more and more new tasks for trade unions. In this regard, constant updating and “refreshing” of labor legislation is required, in particular, in the field of regulating the activities of trade union organizations.
Keywords: trade unions, labor legislation, workers’ rights, functions of trade unions.
Reference bibliographic list
1. Makarova V. A., Goncharov M. A. The place and role of trade unions in the life of modern Russian society // Scientific journal of KubGAU. – 2016. – No. 121.
2. Rusheva A. V. The role of the trade union organization in improving the quality of the working life of workers // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series: Social Sciences. – 2016. – No. 3 (43).
3. Workers’ rights – and are they protected? – [Electronic resource]. – Access mode: http://wciom.ru/index.php?id=236&uid=115092 (date of access: 10/20/2022).
4. Only 5% of citizens are members of trade unions in Russia? – [Electronic resource]. – Access mode: https://regnum.ru/news/society/3494855.html (date of access: 10/25/2022).
FAMILY LAW
ARTYSHKO Kirill Vladimirovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
OZEROV Oleg Eduardovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
ON THE LEGALIZATION (LEGITIMIZATION) OF RELIGIOUS (CONFESSIONAL) MARRIAGES IN RUSSIAN FEDERATION
In the article the authors consider the question of possible historical, cultural and other reasons,
preconditions and consequences of the legitimization of confessional marriages in modern Russian
realities. Attention is paid to the contradiction of the principle of the secular state to this novelty.
The advantages of confessional marriage and its popularization in society in the light of negative
trends in marriage and the state policy in the field of preservation and strengthening traditional Russian
spiritual and moral values are investigated. Russian and foreign statistical and sociological studies
of the institution of marriage, including religious marriage, are analyzed. The conclusions substantiates the special nature and influence
of marriage concluded through religious ceremonies on the institution of marriage in general, emphasizing the need to adopt the novelty
to prevent degradation.
Keywords: religious marriage, family law, church marriage, marriage,
Reference bibliographic list
1. Gongalo B. M., Krasheninnikov P. V., Mikheeva L. Yu., Ruzakova O. A. Family law: Textbook / Ed. P. V. Krasheninnikova. M.: Statut, 2008. 302 p.
2. Archpriest Vladislav Tsypin. Canon law. M.: Publishing House of the Sretensky Monastery, 2009. 864 p. [Electronic resource]. – Access mode: https://
azbyka.ru/otechnik/Vladislav_Tsypin/kanonicheskoepravo/6 (date of access: 01/01/2023).
3. Trofimets I. A. State registration and confessional form of marriage in Russia and abroad // Bulletin of the Khabarovsk State University of Economics and Law. 2011. No. 1.
4. Federal Law “On Freedom of Conscience and Religious Associations” dated September 26, 1997 No. 25-FZ // Collection of Legislation of the Russian Federation. No. 39. Art. 5 p. 2 as amended. and add. in red. dated 05.12.2022.
5. Vakhromeeva O. B. Church form of marriage in pre-revolutionary Russia // Actual problems of the humanities and natural sciences. 2014. No. 1-1.
6. Gavrish I. V. Giving religious marriage the status of a marriage registered with the registry office. Text: direct // Family and housing law. 2019. No. 3.
7. Marriages and Divorces: Federal State Service tistics. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/12781 (date of access: 01/01/2023).
8. Decree of the President of the Russian Federation dated November 9, 2022 No. 809 “On Approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values” // Official Internet Portal of Legal Information [Internet Portal]. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202211090019 (date of access: 01/01/2023).
9. Semenova L.V. Family. Concept, types, structure, problems. — Text: direct // Fundamental and applied research: problems and results. 2015. No. 18.
10. Osipova I. The attitude of the Orthodox to the wedding ceremony. — Text: electronic // Public Opinion Foundation (FOM): [website]. – [Electronic resource]. – Access mode: https://fom.ru/blogs/10742 (date of access: 01/01/2023).
11. Johnson C. A., Stanley S. M., Glenn N. D., Amato P. A., Nock S. L., Markman H. J. and Dion M. R. Marriage in Oklahoma: 2001 Baseline Statewide Survey on Marriage
and Divorce. [Electronic resource]. – Access Mode: https://www.researchgate.net/publication/240108285_Marriage_in_Oklahoma_2001_baseline_statewide_survey_on_marriage_and_divorce.
12. Bradford W. Wilcox and Elizabeth Williamson, “The Cultural Contradictions of Mainline Family Ideology and Practice,” in American Religions and the Family, edited by Don S. Browning and David A. Clairmont (New York: Columbia University Press, 2007) , p. 50.
ENVIRONMENTAL LAW
GASANOV Orkhan Babek ogly
postgraduate student of Land and environmental law sub-faculty of the People’s Friendship University of Russia
RUSSIAN AND AMERICAN EXPERIENCE IN LEGAL REGULATION OF ACTIVITIES IN ZONES WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES: A COMPARATIVE STUDY
The legal regulation of zones with special conditions for the use of territories (hereinafter – ZOUIT) in the Russian Federation is based on a whole set of regulatory legal acts of different levels, which creates an intersectoral nature of the legal regulation of ZOUIT.
A large number of regulatory, technical and legal norms defining the status of ZOUIT in Russia create prerequisites for the emergence of legal uncertainties and conflicts in the regulation of these territories.
Law enforcement associated with the establishment of LSG in Russia is fraught with a number of problems, some of which are due to insufficient elaboration of legal norms, and some of which are caused by the emergence of a conflict of private and public interests.
A study of the problems of law enforcement is necessary in order to identify not only the most difficult aspects, but also to determine how to solve existing problems.
Keywords: legal regulation of zones with special conditions for the use of territories, the system of legal regulation of zones with special conditions for the use of territories, the legal status of zones with special conditions for the use of territories.
Reference bibliographic list
1. “Land Code of the Russian Federation” dated October 25, 2001 No. 136-FZ (as amended on July 14, 2022) // Collection of Legislation of the Russian Federation. – 2001. – No. 44. – Art. 4147.
2. “Urban Planning Code of the Russian Federation” dated December 29, 2004 No. 190-FZ (as amended on July 14, 2022) (as amended and supplemented, entered into force on September 1, 2022) // “Parliamentary newspaper”. – No. 5-6. – 14.01.2005.
3. “Water Code of the Russian Federation” dated 06/03/2006 No. 74-FZ (as amended on 05/01/2022) // “Rossiyskaya Gazeta”. – No. 121. – 06/08/2006.
4. “Civil Code of the Russian Federation (part one)” dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022) (as amended and supplemented, entered into force on September 1, 2022) // Rossiyskaya Gazeta “. – No. 238-239. – 08.12.1994.
5. Federal Law of January 10, 2002 No. 7-FZ (as amended on March 26, 2022) “On Environmental Protection” (as amended and supplemented, entered into force on September 1, 2022) // “Collected Legislation of the Russian Federation” . – 14.01.2002. – No. 2. – Art. 133.
6. Federal Law No. 26-FZ dated 23.02.1995 “On natural healing resources, health-improving areas and resorts”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_6001.
7. Decree of the Government of the Russian Federation of December 7, 1996 No. 1425 (as amended on June 5, 2013) “On approval of the Regulations on the districts of sanitary and mountain sanitary protection of medical and recreational areas and resorts of federal significance.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_12652/cfc26c7dade7329fa045c1626747b4a7799bbe50/#dst100032.
8. Atayar D. R. Location of the land plot on which construction is planned, in a zone with special conditions for the use of the territory. Issues of sustainable development of society. – 2022. – No. 7. – S. 216-221.
9. Bashaeva I. Yu. The concept of zones with special conditions for the use of territories and their distinctive features // Otechestvennaya jurisprudence. – 2020. – No. 2 (41). – S. 13-18.
10. Gorelova S. S., Lukyanenko A. V. Features of legal regulation of zones with special conditions for the use of territories // Cadastre of real estate, geodesy, organization land use theory: experience of practical application. Materials of the All-Russian (National) Correspondence Scientific and Practical Conference. – Barnaul, 2022. – S. 21-26.
11. Zinovieva O. P. On some issues of compensation for losses caused by the establishment, change of zones with special conditions for the use of territories // Bulletin of the Faculty of Law of the Southern Federal University. – 2022. – T. 9. – No. 1. – S. 80-86.
12. Zolotova O. A. To the question of the concept and types of zones with special conditions for the use of territories // Ecological law. – 2020. – No. 3. – S. 9-13.
13. Menis E. V., Vasiliev A. A. Problems of legal regulation of land redistribution within the boundaries of zones with special conditions for the use of territories (ZOUIT) // Agrarian and land law. – 2022. – No. 8 (212). – S. 99-102.
14. Potapova E. V., Krasavtseva M. S., Bezborodova Yu. V., Makarov A. A. Zones with special conditions of use and green areas of cities // Biospheric compatibility: man, region, technologies. – 2021. – No. 1 (33). – S. 63-76.
15. Ushanov A. A., Rumyantsev F. P., Klimova A. V. Theoretical and practical problems of establishing zones with special conditions for the use of territories // Scientific support of the plant growing industry and land management of agricultural enterprises. Materials of the All-Russian (national) scientific and practical conference of scientific and pedagogical workers and young scientists, dedicated to the 120th anniversary of the birth of Doctor of Biological Sciences, Professor Elena Petrovna Kuklina-Khrushcheva. – Nizhny Novgorod, 2022. – S. 135-139.
16. Fedoskin N. N. Issues of construction and land use in areas with a special condition for the use of the territory // International Journal of Humanities and Natural Sciences. – 2022. – No. 8-2 (71). – S. 156-158.
17. Resolution of the Second Arbitration Court of Appeal dated 03.08.2020 No. 02AP-3988/2020 in case No. A28-13648/2018 // ATP ConsultantPlus.
18. Decree of the Arbitration Court of the Volga-Vyatka District dated November 26, 2021 No. F01-6360/2021 in case No. A79-6498/2019 // SPS ConsultantPlus.
19. Determination of the Third Court of Cassation of General Jurisdiction dated February 28, 2022 N 88-3659/2022 // ATP ConsultantPlus.
20. Decision of the Supreme Court of the Russian Federation dated February 16, 2022 No. AKPI21-905 // SPS ConsultantPlus.
21. Resolution of the First Arbitration Court of Appeal dated November 3, 2022 No. 01AP-7286/2022 in case No. A39-11765/2021 // ATP ConsultantPlus.
22. Resolution of the Third Arbitration Court of Appeal dated 09.11.2022 in case No. А74-3105/2022 // SPS ConsultantPlus.
23. Nature protection and reproduction of natural resources. – 2008. – No. 2. – S. 21–24.
24. Anderson S. D. Watershed Management… // Boston Coll. Environ. Aff. Law Rev. – 1999. – 26. – No. 2. – S. 339–386.
25. [Electronic resource]. – Mode of access: https://legcounsel.house.gov/Comps/Coastal%20Zone%20Management%20Act%20Of%201972.pdf.
26. [Electronic resource]. – Access Mode: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0253/Sections/0253.141.html.
27. [Electronic resource]. – Access mode: https://www.coastal.ca.gov/
28. [Electronic resource]. – Access mode: https://www.oregon.gov/lcd/Commission/Pages/index.aspx.
29. [Electronic resource]. – Access Mode: http://www.leg.state.fl.us/statutes/i№dex.cfm?App_mode=Display_Statute&URL=0200-0299/0253/Sections/0253.141.html.
30. [Electronic resource]. – Access mode: https://www.coastal.ca.gov/
31. [Electronic resource]. – Access mode: https://www.oregon.gov/lcd/Commission/Pages/index.aspx.
32. [Electronic resource]. – Access mode: http://www.gencourt.state.nh.us/rsa/html/nhtoc/nhtoc-l-483-b.htm.
33. [Electronic resource]. – Access Mode: https://docs.legis.wisconsin.gov/code/admin_code/Nr/100/115.
HOUSING LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
MISHINA Alina Andreevna
student of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
PROBLEMS OF OBSERVANCE OF THE CONSTITUTIONAL RIGHT OF A PERSON AND A CITIZEN TO HOUSING BY THE EXAMPLE OF PROVIDING THEM TO YOUNG FAMILIES
This article discusses the provisions on the observance of the constitutional right of a person and a citizen to housing. The study examines domestic legislation, federal and regional targeted programs, and living space standards when providing housing for young families. The paper defines the features of obtaining housing for this category of citizens, as well as identifies the main problems in the implementation of such a right. The article provides examples of the conservation of residential premises and the long-term refusal of local governments to provide them to needy families under social employment contracts. In addition, an attempt is being made to find ways to solve the problem of assistance from the state to solve the problem of providing living space for the category of citizens in question.
Keywords: constitution rights, young families, the right to housing, regional target program, judicial practice.
Reference bibliographic list
1. Program young family 2022, what you need to know. – [Electronic resource]. – Access mode: https://realty.rbc.ru/news/5bf68c3e9a79475a8f12a80d (date of access: 01/14/2023).
2. Family policy. Social sphere of the city of Ryazan. – [Electronic resource]. – Access mode: https://admrzn.ru/gorodskaya-sreda/programmy/zhilishnye-programmy/obespechenie-zhilem-molodyh-semej?ysclid=lcvtnpf9xq169455605 (date of access: 01/14/2023).
3. Civil Code of the Russian Federation. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 01/14/2023).
4. Ruling of the Supreme Court of the Russian Federation in case No. 89-APG12-4 dated December 26, 2012. – [Electronic resource]. – Access mode: https://base.garant.ru/70307000/ (date of access: 01/14/2023).
5. Ananyeva E. O. Formation of an accessible system of legal information and provision of legal assistance to various categories of citizens of the Russian Federation // Bulletin of the public research laboratory “Interaction of the penitentiary system with civil society institutions: historical, legal and theoretical and methodological aspects.” – 2018. – No. 11. – P. 54-61.
6. Statistics of divorces and marriages in Russia 2021-2022: tables by years and regions. – [Electronic resource]. – Access mode: https://top-rf.ru/places/149-braki-razvody.html (date of access: 01/14/2023).
LAND LAW
OLOVYANNIKOVA Alexandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
KLEVTSOV Maxim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
THE IMPORTANCE OF GEOINFORMATION TECHNOLOGIES IN THE REGULATION OF LAND LEGAL RELATIONS
This article examines the role of geographic information technologies – as a result of digitalization – in land management, the establishment and prevention of land offenses and the consideration of land disputes. GIS technologies make it possible to optimize these processes, save resources and time of authorized bodies and officials, provide remedies for fair and lawful dispute resolution.
Keywords: administrative survey, GIS, geoinformation technologies, land boundaries, land disputes.
Reference bibliographic list
1. Buklagin D.S. Application of geoinformation technologies and systems in land management // Information technologies, systems and devices in the agro-industrial complex. AGROINFO-2021: Proceedings of the 8th International Scientific and Practical Conference, r.p. Krasnoobsk, October 21-22, 2021. – Krasnoobsk: Siberian Federal Scientific Center for Agrobiotechnologies of the Russian Academy of Sciences, 2021. – P. 33-41.
2. Huseynov R. G. Registry errors: legal nature and current problems // Best student article 2020, collection based on conference materials. – 2020. – S. 134-136.
3. Papaskiri T. V. Aspects of digital land management // Land management, geodesy and cadastre: past – present – future: Collection of scientific articles based on the materials of the International Scientific and Practical Conference dedicated to the 95th anniversary of the Faculty of Land Management, Gorki, September 25-27, 2019 . – Gorki: Belarusian State Agricultural Academy, 2020. – P. 101-122.
4. Sergeeva O. S. Application of geoinformation technologies to improve the efficiency of land supervision // Geographic Bulletin. – 2019. – No. 4. – P. 154-162.
5. Tyrova A. S. The use of GIS technologies in land management and land cadastre // Management of real estate objects and development of territories: Collection of articles of the international scientific and practical conference, Saratov, December 15, 2017. – Saratov: Center for Social Agro-Innovation SSAU LLC, 2017. – P. 352-355.
6. Shafieva E. T., Ermolaeva M. Kh. Use of GIS technologies in land management // NovaInfo.Ru. – 2018. – T. 1. – No. 93. – S. 18-22.
7. Yudin E. A. Geoinformation systems and their role in land management // Bulletin of the Faculty of Land Management of the St. Petersburg State Agrarian University. – 2016. – No. 2. – P. 94-97.
FINANCIAL RIGHT
NIKOLAENKO Natalya Sergeevna
student bachelor of the 3rd course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sophia Dmitrievna
student bachelor of the 3rd course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PONOMAREV OlegV ladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
DIRECTIONS FOR IMPROVING THE FORMATION AND EXECUTION OF THE MUNICIPAL BUDGET(ON THE EXAMPLE OF THE DALNERECHENSK CITY DISTRICT)
The foundation of the main spheres of life of municipalities is primarily the local budget. If problems and failures occur in this
continuous process, this will primarily negatively affect the state of the entire society. To prevent such consequences, it is necessary to
regularly improve the formation and execution of municipal budgets, as this is a priority task for all levels of government.
Keywords: local budget, deficit, budget formation, budget execution, revenue mobilization, cost optimization.
Reference bibliographic list
1. Bogoslavtseva L. V. Municipal budgets in the context of reforming local self-government: a textbook. – Ministry of Education Ros. Federation, Rost. state economy Univ. “RINH”, 2011. – 263 p.
2. Official website of the Dalnerechensky City District “[Electronic resource]. — Access mode: http://dalnerokrug.ru/.
3. Official website of the Dalnerechensky Municipal District” [Electronic resource]. — Access mode: https://dalmdr.ru/node/2452.
4. Solomko I. M. Organization of the budgetary process: textbook. — M.: KnoRus, 2013. — 160 p.
5. Decision of the Duma of the Dalnerechensky city district No. 118 of November 24, 2022 Report on the execution of the budget of the Dalnerechensky city district for 9 months of 2022.
6. Source: Official website of the Dalnerechensky urban district. [Electronic resource]. — Access mode: http://dalnerokrug.ru/.
FINANCIAL RIGHT
SHULGA Anastasia Alexeevna
student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
SHILDT Liliya Abulaisovna
Ph.D. in economical sciences, associate professor of corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
ASSESSMENT OF FOREIGN INVESTMENT TRENDS IN SPECIAL ECONOMIC ZONES OF THE RUSSIAN FEDERATION
The advance of special economic zones (hereinafter referred to as SEZ) is a productive macroeconomic tool for involving domestic and foreign investments in the state economy, increasing its competitiveness as a priority course of the formation of states. Economic formation in the state is progressing in clusters of intensive development, where traders are offered preferential conditions for doing business. The article evaluates investment trends in the SEZ, examines the impact of the coronavirus pandemic on the SEZ of the Russian Federation.
Keywords: special economic zone, investments, foreign investments, investors, residents, preferential tax regime, Covid-19.
Reference bibliographic list
1. Accounting. Taxes // Accounting reporting and financial analysis of the RF SEZ. [Electronic resource]. – Access mode: https://bo.nalog.ru/. (date of access: 09/10/2022).
2. Gadzhiev M. M., Abakarova R. Sh. Problems of investment attractiveness of special economic zones of Russian regions. – 1 ed. – St. Petersburg, 2017. – 248 p. – (date of access: 26.08.2022).
3. Degotkova I. Special economic reforms have waited // RBC. – 2022. – 08.02.2022. – Art. 007. [Electronic resource]. – Access mode: https://www.rbc.ru. (date of access: 26.08.2022).
4. Dollar rate // Moscow Exchange of the Russian Federation. [Electronic resource]. – Access mode: https://www.moex.com/en. (date of access: 07/05/2022).
5. Special Economic Zones // Ministry of Economic Development of the Russian Federation. [Electronic resource]. – Access mode: http://old.economy.gov.ru. (date of access: 07/05/2022).
6. Special economic zones of Russia. Business Navigator // Association of Clusters and Technoparks of Russia. [Electronic resource]. – Access mode: https://www.economy.gov.ru. (date of access: 26.08.2022).
7. Shulga A. A. “Analysis of the dynamics of foreign investment in the special economic zone” // Collection of materials of the XVI International scientific and practical conference. – Ufa: RIC BashGU, 2021. – S. 262-265.
8. Economic statistics // Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru (date of access: 09/10/2022).
References
1. Accounting. Taxes // Accounting reporting and financial analysis of the SEZ of the Russian Federation. [Electronic resource]. – Access mode: https://bo.nalog.ru/. (accessed: 09/10/2022).
2. Gadzhiev M. M., Abakarova R. Sh. Problems of investment attractiveness of special economic zones of Russian regions. – 1st ed. -St. Petersburg, 2017. – 248 p. – (accessed: 08/26/2022).
3. Degotkova I. Special economic reforms have been waiting for // RBC. – 2022. – 08.02.2022. -St. 007. [Electronic resource]. – Access mode: https://www.rbc.ru. (date of application: 08/26/2022)
4. Dollar exchange rate // Moscow Exchange of the Russian Federation. [Electronic resource]. – Access mode: https://www.moex.com/en. (accessed: 07/05/2022).
5. Special economic zones // Ministry of Economic Development of the Russian Federation. [Electronic resource]. – Access mode: http://old.economy.gov.ru. (accessed: 07/05/2022).
6. Special economic zones of Russia. Business Navigator // Association of Clusters and Technoparks of Russia. [Electronic resource]. – Access mode: https://www.economy.gov.ru. (accessed: 09/08/2022).
7. Shulga A. A. Analysis of the dynamics of foreign investments in the special economic zone // Collection of materials of the XVI International Scientific and Practical Conference. – Ufa: RIC Bashgu, 2021. – Pp. 262-265.
8. Economic statistics // Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru (accessed: 10.09.2022).
BUSINESS LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
KRUT Anatoly Alexandrovich
lecturer of Economics and management sub-faculty of the Academy of the FPS of Russia
COACHING IN THE ORGANIZATION’S PERSONNEL MANAGEMENT
The article discusses the norms of law that allow the introduction of new management styles and technologies, for example, such as coaching, into managerial work with the personnel of organizations. The modern development of digital technologies and innovative methods of doing business and other activities in organizations of various forms of ownership, leading to the need to introduce such management technologies and makes it possible to use such styles not only in coaching, but also to use them as an organization of legal coaching. In a fairly short period of time, a number of studies have been conducted on the use of coaching, however, practically none of them considered the basis for their introduction and the legality of their application in practice. The authors of the study give examples of coaching in organizations when working with personnel and cover the regulatory framework on the legality of the introduction of such technologies.
Keywords: civil legislation, organization, coaching, organization personnel, management, adaptation problems, legal regulation.
Reference bibliographic list:
1. Ananyeva E. O., Makhiboroda M. N. Employment contract and features of its conditions in the XXI century. Public service and personnel. 2022. No. 5. P. 120-122.
2. Makhiboroda M., Ananyeva E., Doucek I.P. Changes in transport activity regulation in the context of the coronavirus pandemic / In the collection: E3S Web of Conferences. Ser. “International Scientific and Practical Conference “Development of the Agro-Industrial Complex in the Context of Robotization and Digitalization of Production in Russia and Abroad”, DAIC 2020″. 2020. S. 5006.
3. Ananyeva E. O., Bondarenko A. V., Lukiyanov M. Yu. Civil law regulation of society digitalization issues // Eurasian Law Journal. 2022. No. 8 (171). pp. 14-18.
4. Zadneprovskaya A. V. Why business coaching. – [Electronic resource]. — Access mode: http://coach-school.com.ua/uslugi. (date of access 1.02.2023).
BUSINESS LAW
MAGONYA Pavel Dmitrievich
postgraduate student of Financial law sub-faculty of the Russian State University of Justice
FEATURES OF ANTIMONOPOLY REGULATION IN DIGITAL MARKETS
Antitrust regulation in the information economy, while continuing to follow its basic principles, must take into account the peculiarities of new and rapidly progressing digital markets. This is the intangible nature and form of a commodity that has almost no cost of reproduction, copying and transportation, which complicates the analysis of the digital markets in which such goods are traded. It is also the plurality of parties involved in Internet platforms and services, the formal free provision of products that have an independent functional value and, accordingly, are indirectly monetized. Features include goods circulating on the digital market as objects of intellectual property, which limits the possibility of applying competition law. The antimonopoly regulation of new digital markets needs a dynamic update of the traditional approaches developed in the 20th century, to take into account the observance of the rights and legitimate interests of the subjects of the activity in question.
Keywords: digital market, information economy, competition, antimonopoly policy, restriction of competition.
Reference bibliographic list
1. Putin V. V. Speech at the plenary session of the St. Petersburg International Economic Forum on June 6, 2019 // President of Russia. 2019. June 7th. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/60707?fbclid=IwAR38iZbXoaP2u4H0E2Ht2LCuosyyrXmw_jAGwmJnMLk7R1lK_NA1KTa9VUc.
2. Bychkov A. V., Shram D. V. Problems of law enforcement practice of antimonopoly regulation in digital markets as an indicator of the need to reform the legislation on protection of competition // Prologue: Journal of Law. 2021. No. 2 (30). pp. 78-92.
3. Competition Policy for the Digital Era / European Commiss., Directorate General for Competition rep. by J. Cremer, Y.-A. de Montjoye, H. Schweitzer.
4. Unlocking Digital Competition: rep. of the Digital Competition Expert Panel / ed. J Furman. March 2019 [Electronic resource]. – Access mode: https://assets.publishing.service. gov.uk/government/uploads/system/uploads/attachment_data/file/785547/ unlocking_digital_competition_furman_review_web.pdf.
5. Dzhioeva L. S. On new approaches to antimonopoly regulation in the digital economy // Russian Competition ntnoe right and economics. 2020. No. 1 (21). pp. 32-37.
6. Zaeva E. A. On the competition of algorithms, big data and the first digital cases // Competition and law. 2017. No. 4. P. 39-46 https://cljournal.ru/interview/179/
7. Antimonopoly regulation in the digital age. How to protect competition in the face of globalization and the fourth industrial revolution. Ed. 2nd rev. and additional M.: NRU HSE, 2019.
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
KOVALENKOVA Vasilisa Olegovna
chief specialist of the Department of Record Keeping and Protection of State Secrets of the Federal State Institution of the Research Institute of the FPS of Russia
ON THE ISSUE OF THE IMPACT ON THE NUMBER OF THE “PRISON POPULATION” OF DECRIMINALIZATION OF CERTAIN MINOR AND MODERATE CRIMES (BASED ON THE RESULTS OF MONITORING CONDUCTED IN 2016)
At the beginning of July 2016, Federal Law No. 323-FZ of July 3, 2016, initiated by the Supreme Court of the Russian Federation, came into force, decriminalizing a number of crimes of minor and medium gravity, and also supplemented the list of grounds for exemption from criminal liability existing in the criminal legislation of the Russian Federation. responsibility of persons who have committed crimes of small and medium gravity for the first time. This circumstance served as the basis for starting work on monitoring and forecasting the number of persons held in pre-trial detention centers and correctional institutions, which was carried out by the Research Institute of the Federal Penitentiary Service of Russia from 2016 to 2018. It was assumed that the entry of these changes into the criminal and criminal procedural legislation would entail a significant reduction in the “prison population”. However, the analysis of statistical data showed only a slight outflow of suspects, accused and convicts from places of deprivation of liberty in the above categories and offenses compared to previous years. This article presents only the results of the first stage of the study conducted in 2016, which is, immediately after the amendments to the legislation came into force.
Keywords: decriminalization, judicial fine, number of persons in places of deprivation of liberty, monitoring, forecast.
Reference bibliographic list
1. Explanatory note “To the draft Federal Law “On Amending the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation on the issues of improving the grounds and procedure for exemption from criminal liability”. – [Electronic resource]. – Access mode: http://asozd.duma.gov.ru (date of access: 12/18/2022).
2. Report of the Federal Penitentiary Service of Russia “Information on the number, movement and composition of persons held in places of deprivation of liberty (form 1-UIS)” for 2015 – [Electronic resource]. – Access mode: Access from the module “Statistics of the Federal Penitentiary Service of Russia” (date of access: 12/18/2022).
3. Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/18/2022).
4. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. N. Forecast (monitoring) of the number of persons held in pre-trial detention centers and correctional institutions, for the short term – up to 12/15/2016, the medium term – up to 12/15/2017 and long-term perspective – until 12/15/2018. Analytical material. – M.: FKU NII FSIN of Russia, 2016. – 20 p.
CRIMINAL LAW
GRIDNEVA Maria Viktorovna
lecturer-methodologist of the support teams quality of education of the Samara Law Institute of the FPS of Russia
FEATURES OF EXECUTION OF COMPULSORY WORKS IN MODERN CONDITIONS
The article is devoted to the study of the peculiarities of the execution of criminal punishment in the form of compulsory labor in modern conditions. In particular, the study analyzes the existing problems of employment of convicts suffering from alcoholism and drug addiction, and also considers some problems in establishing the grounds for recognizing a recognized person as a malicious violator of the established order of serving a sentence.
Humanization, being the main direction of modern penal enforcement policy, involves the expansion of cases of sentencing by courts that are not connected with isolation from, including by increasing the use of compulsory labor society by perpetrators of crimes. However, despite all the practical significance of this type of punishment, there are currently many problematic issues that arise in the process of performing mandatory work. Among those in the study, special attention is paid to those shortcomings that arise directly during the performance of mandatory work. The author pays special attention to the need to resolve existing problems at the legislative level by making amendments and additions to the norms of the penal enforcement legislation.
In conclusion, the author notes the effectiveness and importance of mandatory work as a type of criminal punishment in modern conditions, focusing on the need to resolve legal conflicts in order to optimize the practice of performing mandatory work.
Keywords: convicted person, punishment, compulsory work, employee, penal inspection, execution of punishment.
Reference bibliographic list
1. On approval of the Concept for the development of the penitentiary system of the Russian Federation for the period up to 2030: Decree of the Government of the Russian Federation [adopted on April 29, 2021 No. 1138-r] // Official Internet portal of legal information. [Electronic resource]. – Access mode: www.pravo.gov.ru
2. Chubrakov S. V. Criminal punishment in the form of compulsory work (promising issues of theory and practice): author. dis. … cand. legal Sciences. – Tomsk, 2004. – 194 p.
CRIMINAL LAW
EREMINA Anna Andreevna
magister student of the Institute of State and Law of the Tyumen State University
VASSALATIY Zhanna Vasiljevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Institute of State and Law of the Tyumen State University
ON THE QUESTION OF THE QUALIFICATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER: THEORETICAL AND PRACTICAL PROBLEMS
This article discusses the problems of legislative regulation of the murder of a newborn child by a mother, which, according to the authors, have a negative impact on law enforcement practice. The authors raise the question of the possibility of qualifying an act under item 106 of the Criminal Code of the Russian Federation only if the woman has a special psycho-physiological condition that had a direct impact on the commission of the murder of a newborn. It is proposed to make adjustments to the disposition of the article in question in order to form a uniform practice.
Keywords: the moment of the beginning of life, neonaticide, a mental disorder that does not exclude sanity, traumatic situation, birth process, murder of a newborn.
Reference bibliographic list
1. Bryksina Yu. A. Problems of qualification under article 106 of the Criminal Code of the Russian Federation. Analysis of judicial practice // Original research. – 2021. – T. 11. No. 4. – S. 250-258.
2. Dyadyun K. V. Murder by a mother of a newborn child: questions of the objective side of the composition // Lawyer. – 2017. – No. 1. – P. 12-15.
3. Inogamova-Khegay L. V. Actual problems of criminal law. Part Special: textbook / Ed. Inogamova-Khegay L.V. – 2nd ed., Revised. and additional – M.: Prospekt, 2017. – 232 p.
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
THE IDENTITY OF THE JUVENILE OFFENDER AND THE VICTIM OF THE CRIME
This article examines the identity of a minor criminal and a victim of crimes. The connection between the personality of a minor criminal and the victim of a crime, as well as the method of committing a crime, is considered. Revealing the true nature of the “criminal-victim” relationship allows us to establish the true motive of the crime, the individual and personal characteristics of the criminal, correctly qualify the crime, clarify the circumstances of its commission. Such signs of the victim as age, mental and physical condition, social and official position are essential for the investigation.
Keywords: the identity of a minor criminal, a minor, a crime, a teenager, a victim.
Reference bibliographic list
1. Konovalov V.P. The study of victims of crimes in order to improve the prevention of offenses. – M., 1982. – S. 6.
2. Belkin R. S. Criminalistics: textbook / Ed. R. S. Belkina. – M.: Norma, 2000. – S. 687-688.
3. Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” dated July 24, 1998 No. 124-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19558/ (date of access: 01/29/2023).
4. Decree of the Government of the Russian Federation of May 29, 2015 No. 996-r “On approval of the Strategy for the development of education in the Russian Federation for the period up to 2025” // Collection of legislation of the Russian Federation. – 2015. – No. 23. – Art. 3307.
CRIMINAL LAW
KVITKO Anton Vladimirovich
postgraduate student of the Ugra State University; Deputy Head of the Department of the Main Directorate of the Ministry of Emergency Situations of Russia for the Khanty-Mansi Autonomous okrug-Yugra, colonel of the internal service
ENVIRONMENTAL CRIME: FEATURES, CAUSES OF A HIGH LEVEL OF LATENCY, PROBLEMS OF DETECTION AND DISCLOSURE
The article deals with the problem of environmental crimes, their value, scale and consequences. The author concludes about the destructive nature of environmental crime, as well as the high level of latency of this category of crimes, which requires more attention to improving the mechanism for their detection and disclosure. It is concluded that the development of effective measures requires significant changes in policy at all, in particular, it is proposed to revise the forms and methods of interaction and communication of law enforcement agencies in the investigation of crimes in this category, as well as to widely use modern digital tools in the designated activities.
Keywords: latency, ecology, environment, environmental crime, environmental crime, causes of environmental crime.
Reference bibliographic list
1. Kletneva E. G. Environmental crime in the Russian Federation: concept, causes, conditions and prevention: concept, causes, conditions and prevention: dissertation … candidate of legal sciences: 12.00.08 Kazan, 2007. 260 p.
2. Kuznetsova N. I. Social danger of environmental crimes: criminological aspect // Siberian Legal Review. 2018. No. 1. S. 64-69.
3. Lavygina I. V. Ecological crimes: criminal law characteristics and problems of responsibility: Abstract of the thesis. … candidate of legal sciences: 12.00.08. Baikal. state University of Economics and rights. Irkutsk, 2003. 20 p.
4. Romanov A. A. On the significance of the study of latent environmental crime // Scientific portal of the Ministry of Internal Affairs of Russia. 2017. No. 4 (40). pp. 16-20.
5. Savichenko I. A. Problems of investigation of environmental crimes // Siberian Legal Bulletin. 2004. No. 1. S. 48-52.
6. Sluchevskaya Yu. A. Ecological crime: problems of definition // Society and law. 2019. No. 2 (68). pp. 28-33.
7. Tatyanina L. G., Lukomskaya A. S., Yuldoshev R. R. Concept, essence and modern prospects for the prevention of environmental crime in the Russian Federation // All-Russian Journal of Criminology. 2019. No. 1. S. 103-113.
8. Tikhonova A. S. Remote means corresponding to environmental hazards // Crimean Scientific Bulletin. 2019. No. 4. P. 135-139.
9. Shenshin V. M. Reflection of environmental crime in statistics. Questions of statistics. 2017. No. 1 (11). pp. 81-87.
CRIMINAL LAW
KUZMIN Sergey Spiridonovich
senior lecturer of Criminal law sub-faculty of the Institute of the Academy of the FPS of Russia
LAKEEV Alexey Anatoljevich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of the Academy of the FPS of Russia
PROSPECTS FOR THE DEATH PENALTY AS A TYPE OF CRIMINAL PUNISHMENT IN RUSSIAN CRIMINAL LAW
The article considers issues related to the need to revise the attitude towards the death penalty, which is due to radical changes in the international political situation, as well as changes in the conditions under which the use of this type of criminal punishment was suspended. The authors, characterizing these changes, come to the conclusion that it is advisable to change the wording of Art. 59 of the Criminal Code regarding the possible application of the death penalty to foreign citizens and stateless persons.
Keywords: threats to national security, especially grave crimes against life, the death penalty, elimination of obstacles to the use of the death penalty, prospects for the use of the death penalty.
Reference bibliographic list
1. Kistyakovsky A. F. Research on the death penalty. – Tula: Autograph, 2000. – 272 p.
2. Ferry E. Criminal sociology. – M.: INFRA-M, 2005. – 658 p.
CRIMINAL LAW
MAKAROV Ruslan Vyacheslavovich
lawyer of the First Bar Association of the Republic of Mari El
GABDRAKHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University
SERIOUS HARM TO HEALTH DUE TO NEGLIGENCE (ARTICLE 118 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): MISTAKES OF THE LAW ENFORCEMENT OFFICER, THEIR CAUSES AND CONSEQUENCES
The article discusses the main approaches of science and judicial practice in the investigation and judicial review of criminal cases under Article 118 of the Criminal Code of the Russian Federation. The errors made by law enforcement officers when considering criminal cases of this category are shown. It is concluded that it is necessary to thoroughly clarify all objective and subjective signs of a crime even at the stage of preliminary investigation. It is necessary to distinguish careless harm to health from intentional or innocent harm to human health.
Keywords: criminal law, serious harm to health, negligence, intent, professional duties, mistake
Reference bibliographic list
1. Galyukova M. I. Causing grievous bodily harm through negligence (Article 118 of the Criminal Code of the Russian Federation) // Bulletin of the South Ural State University. Series: Law. 2010. No. 25 (201). pp. 27-31.
2. Evloev N. D. Dispositions in the composition of crimes committed by negligence // Theory and practice of social development. – 2011. – No. 2. – S. 207-209.
3. Evloev N. D. Criminal liability and punishment for negligent crimes: di With. … cand. legal Sciences. – Krasnodar, 2001. – 189 p.
4. Zykov D. A., Shesler S. S., Shesler A. V. The content of negligence as a type of negligence // Issues of Russian and international law. – 2019. – Volume 9. – No. 1A. – S. 143-148.
5. Kozelskaya NL Negligence as a form of guilt // Law and order in modern society. – 2010. – No. 2-2. – S. 191-196.
6. Makarov R. V., Gabdrakhmanov F. V. Qualification errors in determining the subjective side of the crime and their classification // Eurasian Advocacy. – 2018. – No. 2 (33). – S. 37-42.
7. Radchenko S. N., Alekhin V. P. On the issue of types of negligence in Russian criminal law // In the collection: Science, education, society: trends and development prospects. Collection of materials of the VI International Scientific and Practical Conference. In 2 volumes. Editorial board: O. N. Shirokov [and others]. 2017. – S. 316-327.
8. Rukavishnikov E. A. On the issue of differentiation of criminal liability under Art. 118 of the Criminal Code of the Russian Federation // Bulletin of the Tomsk State University. – 2011. – No. 352. – S. 117-119.
9. Rukavishnikov E. A. Criteria for the validity of establishing criminal liability for special types of infliction of grievous bodily harm by negligence // Bulletin of the Tomsk State University. university Right. – 2013. – No. 3 (9). – S. 70-76.
10. Fedorchukova Yu. Ya. Error in the criminal law prohibition and administrative prejudice // Eurasian legal journal. – 2019. – No. 3 (130). – S. 266-277.
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
PLOKHOTNYUK Anastasia Nikolaevna
magister student of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
SOME PROBLEMS OF IMPROVING THE CRIMINAL LAW COUNTERACTION TO CORRUPTION IN THE ECONOMIC SPHERE
This article is devoted to the analysis of the responsibility established in the Criminal Code of the Russian Federation for such a dangerous corruption phenomenon as embezzlement of budget funds. The author, having studied the articles according to which this act is qualified, justifies the conclusion that the existing criminal-legal potential is insufficient to combat embezzlement of budget funds. The author makes a proposal to introduce new articles in the Criminal Code of the Russian Federation and other proposals to improve legislation in this area.
Keywords: corruption, embezzlement, budget funds, official.
Reference bibliographic list
1. Grigorieva, I. V. Criminal liability for theft of budgetary funds: setting the problem // Young scientist. – 2016. – No. 12 (116). – S. 588-592.
2. Borisov S. V., Moiseev S. S. On the expediency of allocating embezzlement of budgetary funds as an independent crime // Law and Law. – 2019. – No. 2. -S. 15-19.
3. Grigoryeva I. V. Embezzlement of state budgetary funds as a threat to the economic security of the Russian Federation // Gaps in Russian legislation. – 2017. – No. 5. – S. 204-206.
4. Grigoryeva I. V. Directions for improving criminal law measures to counter the theft of state property // Gaps in Russian legislation. Legal Journal. – 2018. – No. 2. – P. 118-121.
5. Data of the GIAC of the Ministry of Internal Affairs of Russia for 2019-2021. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/dejatelnost/results/annual_reports (date of access: 12/5/2022).
CRIMINAL LAW
NOVOSELOVA Svetlana Sergeevna
Ph.D. in Law, associate professor of the Department of Law of the Institute of Economics, Management and Law of the Moscow State Pedagogical University
PROBLEMS OF DETERMINING TIME LIMITS WHEN A MOTHER KILLS A NEWBORN CHILD
The article analyzes the problems of determining time periods when a mother kills a newborn child, such as “during childbirth” and “immediately after childbirth”. The peculiarity of the crime under Article 106 of the Criminal Code of the Russian Federation is that the victim is always the newborn child of the woman who gave birth to him, and the subject is his biological mother. The appearance of this norm has caused a lot of ambiguous and contradictory judgments among scientists regarding the assessment of the all participants in this crime and the grounds for allocating this composition to a privileged one. Certain difficulties are caused by the issues of the correlation of the murder of a newborn child by a mother with related crimes, in particular, with paragraph “c” of Part 2 of Article 105 of the Criminal Code of the Russian Federation, as well as with paragraph “b” of Part 2 of Article 111 of the Criminal Code of the Russian Federation.
Keywords: newborn baby, murder during childbirth, murder immediately after childbirth, forensic medical criterion of newborn, pediatric criterion of newborn, obstetric criterion of newborn, biological mother, surrogate mother, privileged composition of the murder.
Reference bibliographic list
1. Actual problems of the criminal law: a textbook for undergraduates / Ed. ed. I. A. Podroikina. – Moscow: Prospekt, 2015. – 560 p.
2. Krasikov A. N. Criminal law protection of human rights and freedoms in Russia. – Saratov: Printer, 1996. – 212 p.
3. Kondrashova T. V. Gaps in criminal liability for crimes against life, health, sexual freedom and sexual integrity. – Yekaterinburg: Humanitarian University, 2000. – 348 p.
4. Andrushko P. A., Aryamov A. A., Babiy N. A. (and others) Crimes against the person in the criminal law of Belarus, Russia and Ukraine / Otv. ed. A. I. Chuchaev. – Moscow: Prospekt, 2014. – 680 p.
5. Sharapov R. To the question of the beginning of the criminal law protection of life // Criminal law. – 1999. – No. 4. – 80 p.
CRIMINAL LAW
PANTYUSHINA Anastasia Igorevna
postgraduate student of the A. G. and N. G. Stoletovs Vladimir State University
PUBLIC DISSEMINATION OF KNOWINGLY FALSE SOCIALLY SIGNIFICANT INFORMATION THAT ENTAILED GRAVE CONSEQUENCES (ARTICLE 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): FEATURES OF THE OBJECTIVE SIDE OF THE CRIME
The article provides a comprehensive theoretical and legal analysis of the structure of the objective side of the offense under Art. 207.2 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The legal content of the signs characteristic of a socially dangerous action is described in detail through the modern understanding of publicity and ways of giving truthfulness to deliberately false socially significant information. Criticism is given to the legislative consolidation of various socially dangerous consequences associated with causing harm to health of varying severity, within the framework of one norm. The inconsistency of the title of Art. 207.2 of the Criminal Code of the Russian Federation to its content. The necessity of criminalization in Part 3 of Art. 207.2 of the Criminal Code of the Russian Federation of using the mass media or electronic or information and telecommunication networks (including the Internet) due to the increased public danger of such a method of criminal activity at the present stage.
Keywords: socially significant information, public distribution, fake, harm to health, severe consequences, material elements of the crime.
Reference bibliographic list
1. Zhilina N. Yu., Mironyuk I. V. On the issue of criminal liability for the public dissemination of knowingly false information about circumstances that threaten the life and safety of citizens // Formation and development of the legal profession: a legacy of generations (dedicated to the memory of front-line lawyers) : Collection of scientific papers of the All-Russian Scientific and Practical Conference, Tambov, October 29–30, 2020 / Ed. editor O. V. Moiseeva. – Tambov: Derzhavinsky Publishing House, 2021. – S. 241-247.
2. Kashtanova P. A. Regulation of freedom of speech on the Internet in the Russian Federation // Issues of Russian justice. – 2020. – No. 1. – S. 294-302.
3. Kuznetsov A. P. Criminal law protection of public security: a scientific review of Art. 207.2 of the Criminal Code of the Russian Federation // Russian investigator. – 2020. – No. 11. – S. 28-31.
4. Kuznetsov V. O. Forensic linguistic expertise in cases of dissemination of knowingly false (unreliable) information under the guise of reliable messages // Theory and Practice of Forensic Science. – 2022. – T. 17. – No. 2. – S. 49-57.
5. Ozhegov S. I. Dictionary of the Russian language: About 57000 words / Ed. N. Yu. Shvedova. 18th ed., stereotype. – Moscow, 1986. – 797 p.
6. Sigarev A. V. Legislation on countering extremism: not liberalization is required, but modernization // Russian justice. – 2021. – No. 1. – S. 55-57.
7. Somov V. A. Rumors as a factor of labor behavior in the initial period of the Great Patriotic War // Historical psychology and sociology of history. – 2011. – No. 4. – S. 19-32.
8. Suleymanova Sh. S., Nazarova E. A. Information wars: history and modernity: textbook. allowance. – Moscow: International Publishing Center “Ethnosocium”, 2017. – 124 p.
9. Trakhov A. I., Beshukova Z. M. Dissemination of deliberately false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation): new elements of crimes with a sign of publicity // Theory and practice of social development. – 2020. – No. 7. – S. 78-82.
10. Suleymanova Sh. S., Nazarova E. A. Information wars: history and modernity: textbook. allowance. – Moscow: International Publishing Center “Ethnosocium”, 2017. – 124 p.
11. Trakhov A. I., Beshukova Z. M. Dissemination of deliberately false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation): new elements of crimes with a sign of publicity // Theory and practice of social development. – 2020. – No. 7. – R. 78-82.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation, professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
RASTOROPOVA Olga Vladimirovna
Ph.D. in Law, leading researcher of the Department of scientific support of the Prosecutor’s supervision and strengthening of the rule of law in the sphere of criminal law regulation, execution of criminal penalties and other measures of a criminal legal nature of the Research Institute of the Prosecutor’s office of the Russian Federation, justice adviser
ISSUES OF EXTRADITION TO FRIENDLY STATES OF PERSONS WHO HAVE COMMITTED CRIMES THAT ARE NOT PUNISHABLE BY IMPRISONMENT IN THE RUSSIAN FEDERATION
The extradition of accused or convicted in criminal cases is traditionally based on the rule of “double imputation”, according to
which a person is extradited to another state in cases where the act committed by him is recognized as criminal under the laws of both
the requesting state and the state, which must decide on issuance.
However, there is a problem of different approaches of interacting countries in assessing this or that act of the perpetrator, which
entails differences in legal response measures, namely: in the types of punishment provided for the commission of a particular crime. It is also impossible not to take into account the significant difference in the legal terminology of the criminal law dispositions of the Criminal Code of different states.
Depending on the current legal position of the CIS states and the SCO countries, by mutual agreement when concluding agreements
on legal assistance, in the development of the current international situation and the internal situation of the states parties to the
agreement, the norm of the Convention on Legal Cooperation of States “Obligation to Extradite” may take a more liberal version of the
presentation, that if the request for extradition relates to more than one offense, none of which is punishable under the laws of the two
States with imprisonment, the requested Party may allow extradition for such offenses, provided that the person is extradited for at least
one of the offenses punishable by imprisonment for more than 1 year.”
Keywords: extradition, international cooperation, the person who committed the crime, the rule of “double imputation” in extradition.
Reference bibliographic list
1. Bykova E. V., Vyskub V. S. Extradition and human rights: the rule of “double criminality” // International criminal law and international justice. – 2013. – No. 1. – S. 8-10.
2. Current international law: In 3 volumes / Comp. Yu. M. Kolosov and E. S. Krivchikova. – M., 1996. – T. 1. – S. 72.
3. Lukashuk I. I. International criminal law. – M., 1999. – S. 9-12.
4. Martens F. Modern international law of civilized peoples: In 2 volumes – St. Petersburg, 1900. – T. 2. – S. 391.
5. Murtazina G. I. The main problems of the extradition procedure and ways to resolve them in the context of globalization // Veles. – 2016. – No. 12-1 (42).
6. Safarov N. Extradition in international criminal law: problems of theory and practice. – M.: Wolters Kluver, 2005. – 416 p.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
CRIMINAL LIABILITY FOR SABOTAGE ACTIVITIES THROUGH THE PRISM OF LEGISLATIVE NOVELS
The article deals with certain issues of the qualification of sabotage (Article 281 of the Criminal Code of the Russian Federation), as well as crimes under the newly introduced criminal law norms establishing responsibility for sabotage activities (Articles 281.1-281.3 of the Criminal Code of the Russian Federation). Some provisions on the correlation of these acts with crimes of a terrorist nature are given. Special attention is paid to the analysis of the sanctions of Article 281 of the Criminal Code of the Russian Federation, which allowed us to formulate a conclusion that in order to exclude the imbalance of the mechanisms of responsibility for sabotage, it is reasonable to reconsider the punishment for this act.
Keywords: crime, punishment, sabotage, sabotage activity, high treason.
Reference bibliographic list
1. Judicial statistics data // Official website of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/31/2022).
2. Explanatory note to draft law No. 253939-8 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation” (in terms of establishing liability for sabotage activities). – [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/253939-8 (date of access: 12/31/2022).
CRIMINAL LAW
SHLOMINA Valeriya Valerjevna
investigator of the Investigation Department of the DMIA of Russia for the Yakovlevsky urban district of the Belgorod region
THE PHENOMENON OF SCHOOLSHOOTING AS A SOCIAL AND LEGAL PROBLEM OF OUR TIME
This article examines the phenomenon of schoolshooting from the point of view of interrelated stages in the behavior of adolescents, which include: chronic tension, uncontrolled tension, acute tension, the planning stage and the commission of mass murder. The content of each stage is disclosed separately with the reinforcement of examples of schoolshooting acts on the territory of the Russian Federation. Also analyzed are legislative measures in the field of firearms trafficking, aspects of regulation of the international youth movement “Columbine” aimed at preventing acts of mass murder by teenagers in educational institutions. The ways of their improvement in this direction are proposed.
Keywords: schoolshooting, youth, school shooter, minors, columbine, mass murder.
Reference bibliographic list
1. Sukhodolskaya Yu. V. Skulshuting as an independent criminological phenomenon // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. 2020. No. 3 (77). pp. 117-120.
2. Goncharov L. A. “Columbine” and schoolshooting in the structure of youth extremism and terrorism // Bulletin of the Voronezh Institute of Economics and Social Management. 2019. No. 2. S. 29-31.
3. Jack Levin, Eric Madfis. Mass Murder at School and Cumulative StrainA Sequential Model // American Behavioral Scientist. 2009. No. 52 (9). P. 1227-1245.
4. “You were joking – and I’m joking.” The student shot teenagers from his father’s gun. [Electronic resource]. – Access mode: https://ria.ru/20180510/1520275120.html (accessed 12/22/2022).
5. “Columbine” in Perm. What is known about the attackers on school number 127. [Electronic resource]. – Access mode: https://ivbg.ru/7879710-kolumbajn-v-permi-chto-izvestno-o-napavshix-na-shkolu-127.html (accessed 12/23/2022).
6. The young man broke into the director of the seaside school, where he killed the girl and himself. [Electronic resource]. – Access mode: https://ria.ru/20160318/1392030390.html (accessed 12/24/2022).
7. Borisova N. F. Schoolshooting is a new criminal threat to society // Russian Legal Journal. 2021. No. 1 (6). pp. 125-129.
8. The Supreme Court recognized as terrorist and banned the Columbine movement in the Russian Federation. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/819836 (accessed 12/24/2022).
9. Federal Law No. 150-FZ of December 13, 1996 (as amended on July 14, 2022) “On Weapons” (as amended and supplemented, effective from November 30, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12679/bf02c10cdff4f0e8585bde194e0f1e786b56f897/ (accessed 12/24/2022).
10. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on December 19, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34661/a0395ba9181f3e837c5ec60f879a3fe7ffe08b80/ (accessed 12/25/2022).
11. Karpova A. Yu. Schoolshooting in Russia: what matters? // Power. 2021. V. 29. No. 1. S. 93-108.
CRIMINAL LAW
OMARASHABOV Magomed
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ON THE EFFECTIVENESS OF THE APPLICATION OF EXEMPTION FROM CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF ECONOMICS
The authors of the article analyze the content of the norms on exemption from criminal liability for committing crimes in the field of economics (Article 76.1 of the Criminal Code of the Russian Federation). The article describes the content of the norm providing for the release of convicts on the basis of Article 76.1 of the Criminal Code of the Russian Federation. The article discusses legal and technical inaccuracies, and also examines the prospects for applying the existing version of the article under study of the Criminal Code of the Russian Federation. The purpose of the article is named, which reveals the issues of the application of exemption from criminal liability for economic crimes.
Keywords: criminal liability; economic crime; combating economic crimes.
Reference bibliographic list
1. Dzhindzholiya R. S., Borovikov V. B. Russian criminal law. In 2 parts. A common part. Educational visual aid (diagrams). – M.: Prometheus. 2018. – 158 p.
2. Zvecharovsky I. E., Bimbinov A. A., Bozhenok S. A., Gracheva Yu. V. Criminal law of the Russian Federation. Special part. Textbook / Ed. Zvecharovsky I. E. – M .: Prospect. 2020. – 688 p.
3. Kapinus O. S. Criminal law of Russia. Special part in 2 volumes. Volume 2. Textbook for akademic bachelor’s degree. – M.: Yurait. 2017. – 504 p.
CRIMINAL LAW
SYCH Konstantin Antonovich
Ph.D. in Law, professor, professor of Criminal law sub-faculty of the Academy of the FPS of Russia
A POSITIVE METHOD IN THE HISTORY OF THE SCIENCE OF CRIMINAL LAW
The work is devoted to the positive research method actively used in the criminal-anthropological and criminal-sociological areas in the history of the science of criminal law. The essence of the noted method was the use of scientific knowledge in the field of anthropology, sociology, psychology, medicine and other branches of science. Some results have been obtained using this method have already been embodied in the criminal legislation of a number of European states (Criminal Code of Germany, Criminal Code of Spain, Criminal Code of France, etc.).
Keywords: positive method, social protection measures, dangerous state of the individual, criminal person, new social protection, criminal personality.
Reference bibliographic list
1. Grishaev P. I. Soviet criminology: a course of lectures for students. M., 1977. S. 127.
2. Dril D. A. The doctrine of crime and measures to combat it. SPb., 1912. S. 351.
3. Zhalinsky A. E. Modern German criminal law. M., 2004. P.292.
4. Lambroso C. The latest advances in the science of the criminal. SPb., 1843. S. 27-29.
5. Noy I. S. Methodological problems of Soviet criminology. M., 1975. S. 70-73.
6. Poznyshev SV Criminal psychology. Criminal types. L., 1926. S. 256.
7. See: Alferov Yu. A. Typology of criminals and correctional programs M., 1991. P. 5-9.
8. Tagantsev N. S. Russian criminal law. The part is common. SPb., 1902. S. 14-16.
9. Ferry E. Criminal Sociology M., 1908. S. 35.
CRIMINAL LAW
YAKIMOVA Ekaterina Mikhaylovna
Ph.D. in Law, associate professor, Head of Constitutional and administrative law sub-faculty of the Baikal State University
EGOROV Yuriy Nikolaevich
PhD in Law, Associate Professor of the Chair of Legal Support of National Security of Baikal State University
SOSHIN Alexey Alexandrovich
senior lecturer of Special tactical training sub-faculty of the East-Siberian Institute of MIA of Russia, lieutenant colonel of police
PECULIARITIES OF QUALIFICATION OF RELATED CRIMES AND ADMINISTRATIVE OFFENSES IN THE SPHERE OF MONEY CIRCULATION
Problems of qualification of related crimes and administrative offenses often arise in law enforcement activities. The presence of these difficulties is due to a single object of encroachment and the need to identify the presence of signs of public danger in the act, which, judging by the legal definition of a crime, has only a crime. At the same time, it is the legislator who establishes the criteria for distinguishing related crimes. The criteria can be clear and evaluated. Law enforcers face certain difficulties not only with the application of assessment criteria, but sometimes clear ones. If a joint interpretation of assessment and clear criteria is required, which is common in the qualification of related offenses in the field of money circulation, then these circumstances even more require the attention of the law enforcement officer. It was concluded that when qualifying acts in the field under consideration, the law enforcement officer should clearly understand with what criteria he works and how they need to be assessed.
Keywords: monetary treatment, offense, crime, administrative offense, evaluation criterion, clear criterion, qualification.
Article biographical list
1. Artemov N. M., Arzumanova L. L., Boltinova O. V., Salamova S. Ya., Sitnik A. A., Cho Eun Jin. Responsibility for violation of financial legislation: criminal law and criminological characteristics of crimes committed in the financial sector // All-Russian Journal of Criminology. – 2017. – T. 11. No. 4. – S. 717-730. – DOI: 10.17150/2500-4255.2017.11(4).717-730.
2. Klochko A. N., Logvinenko N. I., Kobzeva T. A., Kiseleva E. I. Legalization of proceeds from crime in banking // Criminological journal of the Baikal State University of Economics and Law. – 2016. – V. 10. No. 1. – S. 194-204. – DOI: 10.17150/1996-7756.2016.10(1).194-204.
3. I. B. Lagutin, M. N. Urda, Yu. – 2015. – V. 9. No. 2. – S. 313-323. – DOI 10.17150/1996-7756.2015.9(2).313-323.
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ON THE ISSUE OF CHANGING THE INVESTIGATIVE AND JUDICIAL PRACTICE UNDER ARTICLE 157 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION IN CONNECTION WITH THE ENTRY INTO FORCE OF FEDERAL LAW NO. 323-FZ OF JULY 3, 2016 (BASED ON THE RESULTS OF A STUDY CONDUCTED IN 2016-2017)
As a result of the policies on the liberalization and humanization of criminal policy held in the country in 2010-2020, the Plenum of the Supreme Court of the Russian Federation dated July 31, 2015 No. 37 draft laws introduced to the State Duma of the Federal Assembly of the Russian Federation providing for the decriminalization of certain elements of crimes of small and medium gravity, which, as a rule, are essentially insignificant and do not pose a great danger to citizens and the state, but for which citizens were most prosecuted, including a criminally punishable act under Art. 157 of the Criminal Code of the Russian Federation. A little less than a year later, Federal Law No. 323-FZ of July 3, 2016 came into force, which included most of the proposals of the judicial community. In this article, the author presented an analysis of the legislation of the Russian Federation and statistical data, conducted in 2016-2017 within the framework of a scientific study devoted to the adoption of the named federal law, in terms of the impact of the adoption changes on the investigative and judicial practice under Art. 157 of the Criminal Code of the Russian Federation.
Keywords: liberalization and humanization of criminal policy, malicious evasion of the payment of funds for the maintenance of children or disabled parents, monitoring, decriminalization, 2016-2017.
Reference bibliographic list
1. Report of the Federal Bailiff Service of Russia “Information on the organization of an inquiry in the Federal Bailiff Service of Russia” (form 4-2) for 2016 and the third quarter of 2017: materials from the website of the Federal Bailiff Service of Russia. – [Electronic resource]. – Access mode: http://fssprus.ru/statistics/ (date of access: 11/22/2017).
2. Report of the Federal Penitentiary Service of Russia “The number of persons held in places of deprivation of liberty, according to the articles of the Criminal Code” for 2015-2016. and III quarter of 2017 – [Electronic resource]. – Access mode: Access from the StatOperator module (date of access: 11/22/2017).
3. Report of the Federal Bailiff Service of Russia “Information on the collection of funds by the Federal Bailiff Service of Russia to the budgetary system of the Russian Federation” (form 1-3) for 2016 and Q3. 2017: Materials from the website of the FSSP of Russia. – [Electronic resource]. – Access mode: http://fssprus.ru/statistics/ (date of access: 11/22/2017).
CRIMINAL LAW
SIMONYAN Samvel Ashotovich
competitor of Criminal law and criminology sub-faculty of the M. V. Lomonosov Moscow State University
STAGES OF DEVELOPMENT OF LEGISLATION GOVERNING THE RELATIONSHIP OF SHARED CONSTRUCTION, THE FORMATION OF RESPONSIBILITY FOR VIOLATION OF CONSTRUCTION LEGISLATION
The article analyzes the historical and legal formation and development of legislation in the field of shared-equity construction.
The work used the historical method, the method of generalization, the method of system analysis.
The article conducts a study of the stages of the emergence and development of legislation in the field of shared construction. The following stages of the historical development of legislation in the area under study are considered: pre-revolutionary, Soviet, post-Soviet. This article lists the types of legal liability for offenses in the field of shared construction in the process of developing legislation that regulates relations in the field of shared construction.
The author carried out a complete, comprehensive review of the history of the formation of legislation in the field of shared construction, which will allow you to have a more accurate and in-depth understanding of shared construction. The legislation regulating the social relations in question is constantly changing and developing. At the same time, methods of committing offenses in this area are also developing. This article is a valuable source for those studying the problems of legislation in the field of shared construction.
Keywords: development of legislation; participation in shared construction, pre-revolutionary stage, Soviet stage, modern stage, administrative responsibility, civil liability, criminal liability.
Reference bibliographic list
1. Abramov A. Equity construction: history and practice // Housing law. – 2013. – No. 2. – P. 7-18.
2. Gorlov VN The emergence of communal apartments in the first years of Soviet power // Bulletin of the State Regional University. – 2016. – No. 4. – P. 85-91.
3. Davletshina R. M. The method of folk construction as one of the ways to solve the housing problem in the Southern Urals after the end of the Great Patriotic War // Proceedings of the conference “Russia in the conditions of the crisis of the XIX-XX centuries. – 2017. – S. 143-148.
4. Dikun A. V. Contract of participation in shared construction. Dis. … cand. legal Sciences. – Rostov-on-Don, 2011. – P. 22.
5. Kirsanova E. V. Legal regulation of shared construction of apartment buildings with the attraction of funds from citizens: dis. … cand. legal Sciences: 12.00.03. – M., 2008. – S. 79.
6. Kitsay Yu. A. The history of the formation of housing relations in Russia in management apartment buildings // Actual problems of the humanities and natural sciences. – 2010. – No. 12. – S. 284-287.
7. Lapshina Ya. A. Deceived real estate investors – problematic aspects of the application of the criminal law // Issues of Russian and international law. – 2017. – No. 6a. – S. 129-138.
8. Malygina VV Features of the investigation of fraud in the housing sector: dis. … cand. legal Sciences. – Volgograd, 2008. – 229 p.
9. Petrova Yu. A. Genesis of development of housing legislation in Russia (questions of theory and practice) // Bulletin of the Moscow University of the Ministry of Internal Affairs. V. I. Kikotya. – 2014. – No. 10. – P. 175-182.
10. Svetlichny A. V. Characteristics of crimes committed in shared housing construction // Russian investigator. – M.: Lawyer, 2007. – No. 22. – S. 25-27.
11. Stupina S. A. Raising funds from citizens for construction in violation of the requirements of the legislation of the Russian Federation on participation in shared construction of apartment buildings and (or) other real estate objects: individual qualification issues // Eurasian legal journal. – 2017. – No. 9. – P. 147-150.
12. Sushina T. E. Protection by the prosecutor of the housing rights of citizens participating in shared construction of apartment buildings. – M .: Publishing house “Yurlitinform”, 2016. – P. 10.
13. Frolkina E. N. Civil liability for violation of the investment agreement in construction: author. … cand. legal Sciences. – M., 2008. – S. 25.
14. Shevyakov R. Criminal liability of the developer for violation of the law on participation in shared construction. – [Electronic resource]. – Access mode: http://protection-investors.rf/articles/154-criminal (date of access: 03/01/2022).
15. Shirbinin A. G. Features of legal regulation of equity participation of citizens in the construction of residential premises for personal needs: dis. … cand. legal Sciences. – Tyumen, 2003. – 165 p.
CRIMINAL LAW
SUROVIKINA Anna Evgenjevna
postgraduate student of Criminal policy sub-faculty of the Academy of the MIA of Russia
THE PREVENTION OF THE USE OF THE INTERNET FOR THE IMPORTATION INTO THE TERRITORY OF THE RUSSIAN FEDERATION AND THE SALE OF FALSIFIED, SUBSTANDARD AND UNREGISTERED MEDICINES AND MEDICAL DEVICES
The article discusses the trends in the development and use of modern technologies in the field of illicit trafficking in medical products in the Russian Federation. When analyzing the current state of crime in this area, attention is focused on the control, supervisory and regulatory functions of state bodies. The author also substantiates the need to improve the technical base for the prevention of crimes related to the import and sale of falsified, substandard and unregistered medicines and medical devices, and the development and fixation of rules (recommendations) for law enforcement agencies to protect the health of citizens in this aspect.
Keywords: pharmaceutical market, e-commerce, falsified, substandard and unregistered medicines, quality and safety.
Reference bibliographic list
1. Romanova A. E. Remote sales of medicines as a possible novelty in Russian legislation // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2019. – No. 3. – P. 120-124.
2. Smirnov A. M. Counteraction to the shadow pharmaceutical market in Russia in terms of bringing to criminal responsibility for the circulation of falsified, substandard and unregistered medicines, medical devices and the circulation of falsified biologically active additives // Journal of Applied Research. – 2021. – No. 2. – P. 48-51.
CRIMINAL LAW
GRISHIN Nikita Sergeevich
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
NON-COMPLIANCE WITH SAFETY REQUIREMENTS AS A CONSTRUCTIVE SIGN OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 238 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article examines the essence of the category “non-compliance with security requirements” in the context of the subject of the crime, criminal liability for which is provided for by Article 238 of the Criminal Code of the Russian Federation. The article analyzes the current legislation in the field of consumer protection, as well as the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation regarding the application of Article 238 of the Criminal Code of the Russian Federation. The author’s proposals regarding the wording of the said act of judicial interpretation are formulated.
Keywords: safety of goods, dangerous goods, works, corpus delicti, services.
Reference bibliographic list
1. GOST 15467-79 “Product quality management”. [Electronic resource]. – Access mode: http://www.consultant.ru.
2. Law of the Russian Federation of February 7, 1992 No. 2300-I “On Protection of Consumer Rights”. [Electronic resource]. – Access mode: http://www.consultant.ru.
3. Ivanov I. S. Sale of expired goods: criminal or administrative liability? [Electronic resource]. – Access mode: http://www.consultant.ru. 2014.
4. Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery”. [Electronic resource]. – Access mode: http://www.consultant.ru
5. Decree of the Plenum of the Supreme Court of the Russian Federation of June 25, 2019 N 18 “On judicial practice in cases of crimes provided for by Article 238 of the Criminal Code of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru
6. Sentence No. 1-46/2022 dated February 9, 2022 in case No. 1-46/2022 of the Shatura City Court of the Moscow Region. [Electronic resource]. – Access mode: http://sud-praktika.ru (date of access: 11/25/2022).
7. Sukhanov A. V. Manufacture, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements: criminal and legal aspects: dis … cand. legal sciences: 12.00.08. – Rostov-on-Don, 2014. – 208 p.
8. Website of the news agency “Gazeta.ru”. [Electronic resource]. – Access mode: https://https://www.gazeta.ru. (date of access: 11/23/2022).
CRIMINAL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPETS Svetlana Igorevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofya Dmitrievna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
THE PROBLEM OF PLAGIARISM IN THE SCIENTIFIC AND EDUCATIONAL SPHERE
The article deals with the current problem of plagiarism in scientific publications and qualifying works, which many people do not take seriously, and especially do not realize the likelihood of possible consequences when involved in this activity. Plagiarism is a very common variant of unethical behavior, which consists in using the results of someone else’s author’s work and issuing them for their work. The article presents the analysis of literary and legal sources on the causes and types of plagiarism, as well as possible ethical and legal consequences. In addition, the paper considered the legal norms of different countries concerning the occurrence of legal liability for plagiarism.
Keywords: plagiarism, plagiarist, borrowing, copyright law, internet, original, scientific work.
Reference bibliographic list
1. Barikhin A. B. Big legal encyclopedia. – M.: Book world. – 2010.
2. Kotlyarov I. D. Incorrect borrowings: essence, evaluation problems and countermeasures // Pedagogical journal of Bashkortostan. – 2011. – No. 5.
3. Pleshchenko V.I. On plagiarism in scientific publications and final works // Higher education in Russia. – 2018. V. 27. – No. 8–9.
4. Pyzhikov N. S. Features of the regulation of intellectual property rights in the PRC // Russian Foreign Economic Bulletin. – 2018. – No. 4.
CRIMINAL LAW
NECHEVIN Ivan Dmitrievich
postgraduate student of Criminology sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
VICTIMOLOGICAL ASPECTS OF TRAFFICK IN GINADOLESCENTS: HISTORY AND MODERNITY
The article examines the system of victimological aspects of trafficking in adolescents, touches
on historical and modern experience in combating trafficking in adolescents, both boys and girls.
Keywords: victimology, trafficking, slavery, teenagers, boys, girls, prostitution, forced labor.
Reference bibliographic list
1. “The Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020).
2. “Criminal Code of the Russian Federation” No. 63-FZ of June 13, 1996 (as amended on July 14, 2022, as amended on July 18, 2022) (as amended and supplemented, effective from July 25, 2022).
3. “The Penitentiary Code of the Russian Federation” dated January 8, 1997 No. 1FZ (as amended on June 11, 2022).
4. [Electronic resource]. – Access mode: https://www.kp.ru/daily/28368/4517930/.
5. Regulations on the punishment of criminal and correctional in 1845 (as amended in 1885, in connection with the approval of the Manifesto of Alexander II and the General Regulations on peasants who emerged from serfdom on February 19, 1861).
6. Code of 1903
7. [Electronic resource]. – Access mode: https://www.congress.gov/.
8. [Electronic resource]. – Access mode: https://www.un.org/ru/.
9. Law “On Combating Trafficking in Human Beings” (Decree No. 30-11 of April 3, 2008).
10. [Electronic resource]. – Access mode: https://www.osce.org/en.
11. [Electronic resource]. – Access mode: https://minzdrav.gov.ru/.
12. [Electronic resource]. – Access mode: https://gazeta-pedagogov.ru/tsitaty-velikogo-antonamakarenko/©gazeta pedagogov.ru.
CRIMINAL LAW
TATARINOV Alexander Vladimirovich
competitor of the University of the Prosecutor’s Office of the Russian Federation, Deputy Chairman of the Reutovsky Garrison Military Court
PECULIARITIES OF SENTENCING FOR DRUG ADDICTS
The article deals with topical problems of the content of a special rule for sentencing convicts recognized as drug addicts in accordance with Art. 72.1 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). A general legal assessment is given of the content of this norm, as well as the practice of its application by the courts of the Russian Federation, summarized for the period from 2017 to 2021. Suggestions are made about the need to correct the name and certain provisions of this norm in order to optimize its intended purpose.
Keywords: drug addicts; the imposition of criminal punishment; special rules for the imposition of criminal punishment; medical rehabilitation; social rehabilitation.
Reference bibliographic list
1. Gotchina L. V. Debatable aspects of the appointment of punishment for patients with drug addiction and the application of a deferral of punishment to them // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1. – P. 142-144.
2. Davydenko A. V. Problems of execution of criminal punishment in the form of forced labor // Russian justice. – 2018. – No. 10. – P. 37-40.
3. Luttseva K. V. Criminological features of recidivism among drug addicts // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2015. – No. 2. – P. 111-114.
4. Malygina A. A. The appointment of punishment to a person recognized as a drug addict // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (31). – S. 63-67.
5. On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances: [Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14: as amended. dated May 16, 2017 No. 17] // Bulletin of the Supreme Court of the Russian Federation. – 2006. – No. 8; 2017. – No. 7.
6. On the basics of protecting the health of citizens in the Russian Federation (part 1 of article 40): [feder. Law of November 21, 2011 No. 323-FZ: as amended. dated June 11, 2022 No. 166-FZ] // Collection of Legislation of the Russian Federation. – 2011. – No. 48. – Art. 6724; 2022. – No. 24. – Art. 3926.
7. On the basics of the crime prevention system in the Russian Federation (part 1, article 26): [feder. Law of June 23, 2016 No. 182-FZ] // Collection of Legislation of the Russian Federation. – 2016. – No. 26 (Part I). – Art. 3851.
8. On the approval of the Rules of internal order of pre-trial detention centers of the penitentiary system, the Rules of internal order of correctional institutions and the Rules of internal order of correctional centers of the penitentiary system: [order of the Ministry of Justice of Russia dated July 4, 2022 No. 110] // Official Internet portal of the legal information http://pravo.gov.ru (date of access: 11/22/2022).
9. Sentence No. 1-23/2022 dated February 22, 2022 in case No. 1-23/2022 of the Shilovsky District Court (Ryazan Region). [Electronic resource]. – Access mode: sudact.ru/regular/doc/USCSG8iRsRb/ (date of access: 11/21/2022).
10. Sentence No. 1-35/2021 dated March 25, 2021 in case No. 1-35/2021 of the Shebalinsky District Court (Republic of Altai. [Electronic resource]. – Access mode: sudact.ru/regular/doc/EFl0QnmeoJLp/ ( date of access: 21.11.2022).
11. Sentence No. 1-39/2022 dated February 24, 2022 in case No. 1-39/2022 of the Shebekinsky District Court (Belgorod Region). [Electronic resource]. – Access mode: sudact.ru/regular/doc/XLvrx87Jir5u/ (date of access: 11/21/2022).
12. Sentence No. 1-B90/2020 dated November 26, 2020 in case No. 1-B90/2020 of the Pavlovsky District Court (Voronezh Region). [Electronic resource]. – Access mode: //sudact.ru/regular/doc/Q7zaGfbiLtov/ (date of access: 11/21/2022).
13. Rastoropov S. V. Vector of criminal policy in the field of sentencing in the context of the content of the Concept for the development of the penitentiary system of the Russian Federation for the period up to 2030 / S. V. Rastoropov, N. A. Gorshkova // Bulletin of the Vladimir Law Institute. – 2021. – No. 4 (61). – P. 79–82.
14. Information about persons convicted of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their precursors or analogues, potent substances, plants (or parts thereof) containing narcotic drugs or psychotropic substances or their precursors, new potentially dangerous psychoactive substances for 12 months 2018 – 12 months 2021 (Form No. 6-MV-NON). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 11/20/2022).
CRIMINAL LAW
ULYANOV Anton Sergeevich
competitor of the University of the Prosecutor’s Office of the Russian Federation
ON THE QUESTION OF THE GROUNDS FOR CONSTRUCTING A LIST OF CRIMINAL PENALTIES
The article discusses the issue of building a ladder of criminal penalties. Based on the analysis of the content of punishments, the author focuses on their legal restrictions, the duration of the course, as well as the consequences. As a result of the work done, the author states the need to adopt the legislator’s approach as the only correct one at the present time.
keywords: criminal punishment, system of punishments, ladder of punishments, legal restrictions, term of punishment.
Reference bibliographic list
1. Zvonov A. V. “Ladder” of criminal penalties, alternative isolation from society: a brief assessment of the construction // Library of Criminal Law and Criminology. – 2018. – No. 1 (25). – S. 65-76.
2. Zvonov A. V. The system of restrictions and deprivations provided for by domestic criminal penalties // Vestn. Ros. legal acad. – 2017. – No. 2. – S. 29-32.
3. About banks and banking activity: feder. Law of February 3, 1996 No. 17-FZ // Collected. legislation Ros. Federation. – 1996. – No. 6. – Art. 492.
4. On the practice of imposing criminal penalties by the Courts of the Russian Federation: Decree of the Plenum of the Supreme Court No. 2 of January 11, 2007 // Ros. gas. Jan 24, 2007
5. On the practice of imposing criminal penalties by the courts of the Russian Federation, Resolution: Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 No. 58 // Ros. gas. Dec 29, 2015
6. On the status of judges in the Russian Federation: Law of June 26, 1992 No. 3132 1 // Ros. gas. 1992, July 29
7. On private detective and security activities in the Russian Federation: Law of the Russian Federation of March 11, 1992 No. 2487-1 // Ros. gas. 1992, 30 Apr.
8. About investment funds: feder. Law of November 29, 2001 No. 156-FZ // Collected. legislation Ros. Federation. – 2001. – No. 49. – Art. 4562.
9. About weapons: feder. Law of December 13, 1996 No. 150-FZ // Collected. legislation of the Russian Federation. – 1996. – No. 51. – Art. 5681.
10. On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation: Feder. Law of June 12, 2002 No. 67-FZ // Collected. legislation Ros. Federation. – 2002. – No. 24. – Art. 2253.
11. The Code of Criminal and Correctional Punishments as amended in 1867 // The Code of Criminal and Correctional Punishments with reference to the articles of the Code of Laws referenced in the Code (ed. 1866) with the addition of all additions and changes published on 15- e June 1867 – M .: Printing house V. Gauthier, 1867. – 614 p.
12. Shcherbachenko A. K., Rozhkova L. O. The system of additional types of punishment under the current Russian criminal law // Yurist-Pravoved. – 2015. – No. 4 (71). – S. 41-44.
CRIMINAL PROCESS
АRKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University
ON THE QUESTION OF THE ASYMMETRY OF THE RULES ON THE ADMISSIBILITY OF EVIDENCE
The article discusses issues related to the concept of asymmetry of the rules of admissibility of evidence. The arguments “for and “against” this concept are presented, the opinions of scientists on this matter are given. It is concluded that the existence of this concept is justified, since it is designed to facilitate the correct resolution of the criminal case. It is also possible to further transform the criminal procedure legislation in terms of introducing such concepts as: essential and non-essential violations of the law, recoverable and irreparable violations of the law.
Keywords: criminal proceedings, proof, admissibility of evidence.
Reference bibliographic list
1. Sushenova E. V. Problems of evaluation of evidence in the decision of an acquittal // Sat. materials of the XVIII Intern. scientific-practical. conf. – Novosibirsk. – S. 198-203.
2. Bufetova M. Sh., Lukoshkina S. V. Actual problems of evidentiary activities of a defense counsel in Russian criminal proceedings // Siberian Criminal Procedure and Forensic Readings. – 2018. – No. 4 (22). – S. 41-53.
3. Litvintseva N. Yu. The constitutional mechanism for the implementation of individual rights in criminal proceedings // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 2. – S. 28-36.
4. Litvintseva N. Yu. Legality in the production of a criminal case // Siberian criminal procedure and forensic readings. – 2016. – No. 6 (14). – S. 31-39.
5. Orlov Yu. K. Problems of the theory of evidence in the criminal process. – M.: Lawyer, 2009. – 175 p.
CRIMINAL PROCESS
KONOVALOVA Ekaterina Evgenjevna
postgraduate student of Criminal process, justice and prosecutorial supervision sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PROBLEMS OF THE “SPECIALIZED EXPLANATORY DICTIONARY” IN MODERN CRIMINAL PROCEDURE LEGISLATION
The purpose of this work is to analyze the current article 5 of the Code of Criminal Procedure of the Russian Federation – a kind of “specialized explanatory dictionary”, which is the “legacy” of the Soviet criminal procedure codes, which also included an article with basic concepts. This paper analyzes some of the terms contained in Article 5 of the Code of Criminal Procedure of the Russian Federation, identifies shortcomings in the legislative regulation of this article of the Code of Criminal Procedure of the Russian Federation, and suggests ways to eliminate them. In particular, attention is drawn to the fact that Article 5 of the Code of Criminal Procedure of the Russian Federation contains the following groups of concepts: 1) concepts that are not used in other articles of the Code of Criminal Procedure of the Russian Federation; 2) concepts, the scope of which does not coincide with the scope of similar concepts used in the code; 3) concepts that are devoid of “special” meaning, and which can be derived from the content of other sections, chapters, articles of the Code of Criminal Procedure of the Russian Federation; 4) concepts that are already defined in other legislation and do not require repetition in special criminal procedure. Taking into account the analyzed points of view of process scientists on the criteria for classifying a concept used in the Code of Criminal Procedure of the Russian Federation as a “basic” one, an attempt is made to answer the question of what is the main criterion for including a concept in Article 5 of the Code of Criminal Procedure of the Russian Federation.
Keywords: basic concepts, code of criminal procedure, specialized explanatory dictionary.
Reference bibliographic list
1. Baranov A. M., Smirnova K. N. The concept and properties of the main concepts of the Code of Criminal Procedure of the Russian Federation // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2015. No. 2 (57). pp. 11-15.
2. The course of the criminal process / Ed. L. V. Golovko. M., 2021. 1328 p.
3. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions. M., 2006. 938 p.
4. Portseva O. B. Jurisdiction of criminal cases: author. dis. … cand. legal Sciences. Izhevsk, 2004. 23 p.
5. Smirnova K. N. Criteria for the classification of concepts contained in Art. 5 of the Code of Criminal Procedure of the Russian Federation // Bulletin of the Omsk Law Academy. 2014. No. 4 (25). pp. 70-73.
6. Smirnova KN Basic concepts of the Code of Criminal Procedure of the Russian Federation: author. dis. … cand. legal Sciences. Chelyabinsk, 2013. 31 p.
7. Judiciary and law enforcement agencies / Ed. L. V. Golovko: Textbook. 2nd ed. M., 2022. 816 p.
8. Tissen O. N. Theoretical and practical problems of the institution of a pre-trial agreement on cooperation in Russian criminal proceedings: dis. … doc. legal Sciences. Orenburg, 2017. 487 p.
9. Ushakov D. N. Explanatory dictionary of the modern Russian language. M., 2014. 800 p.
CRIMINAL PROCESS
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
HISTORICAL PREREQUISITES FOR THE ORIGIN OF THE INSTITUTE OF PEOPLE’S REPRESENTATION IN JUDICIAL PROCEEDINGS
The issue of popular participation in the administration of justice and the functioning of the jury is quite relevant in the modern world, as it is directly related to the actual implementation of the principles of the rule of law and the participation of civil society in public relations . The modern institution of jurors has deep historical roots. The article discusses the social and legal prerequisites for the emergence of the institution of popular representation in litigation, analyzes the functions of primary representative people’s judicial bodies, explores their contribution to the development and establishment of fair justice, examines the positive and negative sides, actualizes the importance and necessity of popular representation in the administration of justice.
Keywords: people’s justice, jurors, court, helium, comitia, history of justice.
Reference bibliographic list
1. Kudryavtseva T. V. Gelieya in the context of Athenian sovereign relations // Mnemon: research and publications on the history of the ancient world. – 2007. – No. 6. – S. 23-40.
2. Panokin A. M. Review of court decisions in Ancient Greece and Ancient Rome // Actual problems of Russian law. – 2016. – No. 10. – P. 138-146.
3. Rakhmetullina O.R. Jury trial as a form of public participation in the administration of justice: dis. … cand. legal Sciences. – Samara, 2013. – 247 p.
4. Chesnykh V.I. Jury trial in Russia as a complex legal institution: theory, history, modernity: dis. … cand. legal Sciences. – M., 2003. – 172 p.
CRIMINAL PROCESS
MAGOMEDOVA Kamila Bulatovna
magister student of the 1st course of the master’s degree program, Criminal Procedure profile of the Dagestan State University
RAMAZANOV Tazhutdin Burganovich
Ph.D. in Law, professor, Head of Criminal process and criminalistics sub-faculty of the Dagestan State University
PROSECUTOR’S SUPERVISION AT THE STAGE OF INITIATION OF A CRIMINAL CASE
The article analyzes the role and possibility of participation at the stage of initiation of a criminal case of the prosecutor, the expediency of such participation. The role of the unified interdepartmental digital online platform, which was introduced in order to improve the information support of the Prosecutor’s Office of Russia by the Prosecutor General of the Russian Federation, was also evaluated. It is noted that working with a single electronic file through the functioning of a single interdepartmental digital online platform will exclude the possibility of losing a criminal case or its materials.
Keywords: prosecutor’s office, prosecutor, initiation of criminal proceedings, protection of citizens’ rights, preliminary investigation.
Reference bibliographic list
1. Koni A.F. Selected works. Volume 1. – Moscow, 1959.
2. Golovinskaya I. V. Practical problems of initiating criminal cases // Russian Investigator. – 2007. – No. 10.
3. Tukhtasheva U.A. Criminal process: General part. Tutorial. – Tomsk: Publishing House of TSU, 2007.
4. Ismailov Ch. M. Optimization of the powers of the prosecutor at the stage of initiating a criminal case // Actual problems of Russian law. – 2016. – No. 3.
5. Lazarev V. A. Participation of the prosecutor in the criminal process: Nauch.-prakt. allowance. – M.: Yurait, – 2020.
6. Shvefel D. I. Prosecutorial supervision at the stage of initiating a criminal case: current state and development prospects // Bulletin of the Ural Institute of Economics, Management and Law. – 2019. – No. 3 (48).
4. Bogatova E.V. Oversight of the legality of receiving and registering reports of a crime // Siberian Criminal Procedure and Forensic Readings. – 2015.
CRIMINAL PROCESS
SOCHIVKO Olga Ivanovna
Ph.D. in science psychologicals, lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia in Novokuznetsk, major of internal service
FEATURES OF THE INVESTIGATION BY OPERATIONAL INVESTIGATIVES GROUPS OF MURDERS COMMITTED IN CONDITIONS OF NON-OBVIOUSNESS
The author indicates that the work of a normally functioning investigative-operational group is the key to success in the disclosure and investigation of serious crimes against the individual, primarily unobvious intentional murders. The authors examine the features of the investigator’s work for especially important cases of the Ryazan regional prosecutor’s office Dmitry Matveevich Plotkin, who followed a quarter of a century to the investigative work of the senior investigator and investigator for particularly important cases of the prosecutor’s office of the Ryazan region, including led the investigative-operational group for the disclosure and investigation of unobvious murders. The article notes that only with mutual work on working out a certain version simultaneously by investigative and operational, can answers to all questions of the investigation and achieve the truth. The author gives as examples two facts of crimes that D.M. Plotkin, together with operative officers. It is concluded that it is currently advisable to resume the practice of investigating criminal cases, which was operating about 40 years ago, when the permanent composition of the investigative-operational group was organized, which included prosecutors and operatives of regions and regional internal affairs department .
Keywords: investigation, unobvious intentional killings, operational investigative groups, prosecutor’s office of the Ryazan region.
Reference bibliographic list
1. Improving the teaching of the discipline “Criminalistics” in the universities of the Federal Penitentiary Service of Russia: textbook. allowance / V. V. Kubanov, I. N. Korobova, E. V. Lyadov [and others]. – Ryazan, 2013. – 96 p.
2. Sochivko DV Existential psychodynamics. – M.: Ryazan, 2020. – 225 p.
3. Sochivko O. I., Plotkin D. M., Misnik I. V. A systematic approach to the fight against banditry // State and law in the era of global change: materials of the Intern. scientific-practical. conf. / Ed. D. L. Prokazina. – Barnaul, 2022. – S. 124-125.
4. Sochivko O. I., Plotkin D. M., Misnik I. V. The problem of auto-aggression and self-damaging behavior // Extremism – new challenges to regional security: a collection of materials of the International. scientific conf. / Ed. D. L. Prokazina. – Barnaul, 2022. – S. 50-53.
5. Sochivko O. I., Plotkin D. M. The use of hypnosis during the investigation of crimes // Eurasian legal journal. – 2022. – No. 5 (168). – S. 350-351.
6. Ishchenko E. P., Sochivko O. I., Plotkin D. M. Countering extremist crimes in Russia // Eurasian Law Journal. – 2022. – No. 6 (169). – S. 356-358.
7. Sochivko O. I., Plotkin D. M., Misnik I. V. The use of a psychological portrait of the personality of a criminal in the investigation of serial murders // Eurasian Law Journal. – 2022. – No. 7 (170). – S. 450-453.
8. Sochivko O. I., Plotkin D. M. Life path and activities of a penitentiary psychologist, Doctor of Psychology, Professor Colonel of the Internal Service Dmitry Vladislavovich Sochivko // Penitentiary Science. – 2022. – T. 16. No. 3 (59). – S. 343-344.
9. Crime and punishment from “A” to “I” / under the general. ed. D. V. SOCIVKO. – M.: MPSI, 2009. – 456 p.
CRIMINAL PROCESS
POLIKARPOVA Olga Sergeevna
lecturer of Administrative activities of the department of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
ON THE QUESTION OF THE PERMISSIBLE PERIOD OF NON-APPEARANCE OF THE DEFENDER INVITED TO PARTICIPATE IN INVESTIGATIVE AND OTHER PROCEDURAL ACTIONS
In this manuscript, the provisions of Article 50 of the Criminal Procedure Code of the Russian Federation are analyzed, it is indicated that the deadline for the permissible absence of a defender to participate in investigative and other procedural actions is 5 days from the date of his invitation. The ideas are expressed to bring the period analyzed in line with the real possibilities of criminal proceedings, starting from the first stage of the process, to ensure, through the participation of the defender, qualified legal assistance to the person actually prosecuted during the production of investigative and procedural actions with his participation.
Keyword: defender, protection, suspect, abuse of the right, procedural term, failure of the defender.
Reference bibliographic list
1. Gordeychik S. Abuse of the right to protection // Legality. – 2006. – No. 12 (866). – P. 6-8. – EDN KWLHNV.
2. Kiselev E. A., Kostenko K. A. Non-appearance of a defense counsel as a factor limiting the right of the accused to access to justice within a reasonable time // Problems of counteracting the investigation of crimes and ways to overcome them: Collection of materials of the Interdepartmental scientific and practical seminar, Khabarovsk, 25 May 2017. – Khabarovsk: Moscow Academy of the Investigative Committee of the Russian Federation, 2017. – P. 49-52. – EDN ZDVBUJ.
3. Baeva K. M. Moral principles of criminal procedure methods of counteracting the abuse of the right by the side of the defense in criminal proceedings // Judicial power and criminal process. – 2021. – No. 4. – S. 79-86. – EDN WQRIJI.
CRIMINAL PROCESS
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation, professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
PETROVA Tatyana Nikolaevna
special investigator of the Department for the investigation of iatrogenic crimes of the Department for the investigation of certain types of crimes of the Main Investigation Department Investigative Committee of the Russian Federation, lieutenant colonel of justice
CHIGRINA Olesya Ruslanovna
postgraduate student of the University of the Prosecutor›s Office of the Russian Federation
EXPERT ASSESSMENT OF IN ADEQUATE MEDICAL CARE IN CRIMINAL PROCEEDINGS: THE PURSUIT OF
QUANTITY OR QUALITY?
The selectivity of using in proving the results of an expert assessment of improper provision of medical care in the investigation of
iatrogenic crimes in forensic investigative practice has become the subject of topical discussions by law enforcers.
The presence in a criminal case of a plurality of conclusions of a commission of experts on the assessment of the same iatrogenic
event in certain cases puts the court and investigating authorities in front of the need to evaluate such evidence and make a reasonable
choice.
The article provides an analysis of the reasons for the appointment of subsequent commission forensic medical examinations of
defects in the provision of medical care.
Keywords: improper provision of medical care, iatrogenic crimes, commission forensic examination of defects in medical care,
evaluation of evidence.
Reference bibliographic list
1. Kovalev A. V. The procedure for conducting a forensic medical examination and establishing causal relationships on the fact of non-provision or improper provision of medical care.
Guidelines. 2nd edition, revised and enlarged. – M., 2017. – 32 p.
2. Petrova T. N. Forensic medical examination of defects in the provision of medical care. – M., 2016.
– 32 s.
3. Sashko S. Yu., Kochorova L. V. Medical law: textbook. – M., 2009. – 352 p.
CRIMINAL PROCESS
SENCHENKO Sergey Konstantinovich
postgraduate student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Siberian Federal University, lawyer of the Bar Association of the Yenisei Siberia (Krasnoyarsk Krai)
ON THE QUESTION OF THE INDEPENDENCE OF A LAWYER IN CRIMINAL PROCEEDINGS
In the presented article, the author examines the issue of the lawyer’s connection with the position of the principal in criminal proceedings. The article analyzes cases when a lawyer has the right to take a position contrary to the will of the principal. The author examines in detail the signs of self-incrimination as a situation of permissibility of deviation from the position of the principal. Based on the materials of the judicial, as well as disciplinary practice of the Chamber of Advocates of the subject, the author identifies situations when the defender has the right to take a position contrary to the will of the principal, despite the legislative prohibition. Also, the author suggests ways to solve the existing problems.
Keywords: lawyer, defender, position, self-incrimination, principal.
Reference bibliographic list
1. Determination of the IC in criminal cases of the Supreme Court of the Russian Federation of November 6, 2014 N 66-APU14-58 // Information and legal support “Garant”. – [Electronic resource].
2. Review of the judicial practice of the Supreme Court of the Chuvash Republic (in criminal cases) N 3 (2021) (approved by the Presidium of the Supreme Court of the Chuvash Republic on July 19, 2021) // Information and legal support “Garant”. – [Electronic resource].
3. Review of the disciplinary practice of the Bar Association of the Moscow Region for the first half of 2020 dated 09/01/2020 // Federal Chamber of Lawyers of the Russian Federation. – [Electronic resource]. – Access mode: https://fparf.ru/documents/disciplinary-practice/obzor-distsiplinarnoy-praktiki-advokatskoy-palaty-moskovskoy-oblasti-za-pervoe-polugodie-2020-goda/?sphrase_id=131927 (date of access: 10/21/2022).
4. Bleikher V. M. Explanatory dictionary of psychiatric terms // Academician. – [Electronic resource]. – Access mode: https://psychiatry.academic.ru/Self-incrimination (date of access: 09/16/2022).
5. The course of the criminal process / Ed. Doctor of Law L. V. Golovko.-2nd ed., corrected. – M.: Statute, 2020. – 1280 p.
6. Loer V. Criminalistics // Ivan Kushnir Institute of Economics and Law. – [Electronic resource]. – Access mode: https://be5.biz/pravo/k015/29.html#3 (date of access: 20.09.2022).
7. Ozhegov S.I. Explanatory dictionary of Ozhegov // Academician. – [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/ogegova/212834 (date of access: 09/16/2022).
8. Sineoky O.V. Advocacy as an institution of legal assistance and protection // Lib.Sale. – [Electronic resource]. – Access mode: https://lib.sale/advokatura_besplatno/loj-samoogovor-prinujdenie-priznaniyu-vzglyad-61124.html (date of access: 21.09.2022).
CRIMINAL AND EXECUTIVE LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ZHILYAEV Rustam Mukhamedovich
Ph.D. in Law, Head of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of Execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Research Institute of the Federal Penitentiary Service of Russia
ON THE ISSUE OF CHANGING THE NUMBER OF CONVICTS FOR THEFT AND PETTY THEFT COMMITTED BY A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT
On the initiative of the Supreme Court of the Russian Federation, in 2016 the legislator adopted amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation by Federal Law No. 323-FZ of July 3, 2016, which removed a number of crimes of small and medium gravity from the scope of the criminal law. In particular, theft, committed in the amount of less than 2.5 thousand rubles, was transferred to the category of an administrative offense (petty theft). It was expected that the above changes would reduce the number of citizens prosecuted for crimes of small and medium gravity by about 200 thousand people annually. In this article, the author, based on the analysis of statistical data obtained in the course of scientific research, from the forms of statistical observation of state authorities and courts and other sources, cited the practice of applying one of the articles (Article 158.1 of the Criminal Code of the Russian Federation) that fell under the considered changes in criminal and criminal procedure law from 2016 to the present.
Keywords: theft, liberalization and humanization of criminal policy, petty theft, convicts, decriminalization, change in the number.
Reference bibliographic list
1. Popova M.E. Compulsory work as a type of criminal punishment: problems of appointment // Mariyskiy yuridichesky vestnik. – 2017. – No. 2 (21). – S. 14-20.
2. Report of the Federal Penitentiary Service of Russia “Report on the number of persons held in places of deprivation of liberty under the articles of the Criminal Code of the Russian Federation” for 2015-2022. [Electronic resource] // Access from the automated information system “Statistics of the penal system” (date of access: 12/21/2022).
3. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. Analytical material. – M.: FKU NII FSIN of Russia, 2018. – 38 p.
4. Report of the Federal Penitentiary Service of Russia “Activity of penitentiary inspections. FSIN-16. Section 01. Information on the criminogenic composition of persons registered with the PII (PII branches) and who committed crimes after registration” for 2015-2022. [Electronic resource] // Access from the automated information system “Statistics of the penal system” (date of access: 12/21/2022).
5. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. N. On the issue of changing the number of persons in places of deprivation of liberty in connection with the humanization of the criminal legislation of the Russian Federation (based on the results of monitoring in 2016-2018) / / Vedomosti UIS. – 2019. – No. 6 (205). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-izmenenii-chislennosti-lits-nahodyaschihsya-v-mestah-lisheniya-svobody-v-svyazi-s-gumanizatsiey-ugolovnogo-zakonodatelstva ( date of access: 21.12.2022).
CRIMINAL AND EXECUTIVE LAW
GAMZATOVA Maryam Magomedovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE CONCEPT AND LEGAL REGULATION OF THE USE OF CORRECTIVE MEASURES TO CONVICTS
The article deals with the issues of correction of convicts as a special type of educational process. Educational processes taking place in conditions of the use of measures of state coercion, as well as ensuring the legitimate rights, freedoms and interests of convicts. The basis for the application of corrective measures to convicts is only a court verdict that has entered into legal force. Correction of convicted persons is entrusted to state institutions and bodies of execution of punishments.
The article distinguishes between the procedure and conditions of serving a sentence and the use of legal remedies.
Keywords: convict, corrections of convicts, punishment, serving sentences, educational process.
Reference bibliographic list
1. Malinin V. B., Smirnov L. B. Penitentiary law. Textbook for law schools and faculties. M.: Interregional Institute of Economics and Law, Law Firm “KONTRAKT”, LLC “VOLTERS KLUVER”. 2009
2. Khaitzhanov A. Penitentiary law of the Russian Federation. Tutorial. Penza: IITs PGU, 2006.
3. Kazabekova V. A., Ponomarev P. G. Penitentiary law of Russia. M., 2003.
CRIMINAL AND EXECUTIVE LAW
KLOPOTENKO Alexander Grigorjevich
lecturer of Physical training and sports sub-faculty of the Psychological Faculty of the Academy of the FPS of Russia
SHORT-TERM VISITS OF CONVICTS OUTSIDE THE CORRECTIONAL INSTITUTION: PROBLEMS OF THE GROUNDS FOR THE REALIZATION OF LEGITIMATE INTEREST
The article deals with the problems of legislative consolidation and practical implementation of the institution of short-term visits of prisoners sentenced to imprisonment outside the correctional institution. The incompleteness of fixing the grounds for providing such visits to convicts is noted. The authors propose amendments to the disposition of Article 97 of the Penal Enforcement Code of the Russian Federation concerning the legislative clarification of the grounds for granting the considered legitimate interest of convicted persons to imprisonment.
Keywords: legitimate interests, convicts, trips outside the correctional institution, deprivation of liberty.
Reference bibliographic list
1. Gemanenko L. I. Social and legal characteristics of the institution of departure of convicts outside the correctional institution // Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. – 2021. – No. 3 (42). – S. 40-46.
2. Kashuba Yu. A. Departure of convicts from penitentiary institutions in connection with emergency circumstances // Bulletin of the Kuzbass Institute. – 2021. – No. 2 (47). – S. 65-69.
3. Ozhegov S. I. Dictionary of the Russian language / Pod. ed. N. Yu. Shvedova. – M., 1990. – S. 766.
4. Article-by-article commentary to the Criminal Executive Code of the Russian Federation: as of September 1. 2007: study guide. Under. ed. Yu. I. Kalinina. – M.: 2007. – 726 p.
5. Ushakov R. V. To the question of the grounds for classifying the legitimate interests of convicts // Criminal Executive Law. – 2017. – T. 12. – No. 3. – S. 270-275.
CRIMINAL AND EXECUTIVE LAW
UTKINA Tatyana Vladimirovna
academic secretary of the Academic council of the Perm Institute of the FPS of Russia
PREVENTION AND CAUTION AS A MEANS OF ENSURING THE EXECUTION OF PUNISHMENTS WITHOUT ISOLATION FROM SOCIETY
This article discusses and prevention caution as a means of criminal enforcement enforcement of criminal penalties without isolation from society. The analysis of the norms regulating their application makes it possible to note the ill-considered and insufficient correctional potential of the penalties applied. The proposed amendments to the current legislation are designed to strengthen the effectiveness of alternative punishments applied by applying penalties to violators.
Keywords: punishments without isolation from society, convict, warning.
Reference bibliographic list
1. Karkhanina L. V. Execution by penitentiary inspectorates of some types of punishments, alternative to deprivation of liberty, in relation to minors // Bulletin of the Samara Law Institute. – 2020. – P. 135.
2. Olkhovik N. V. On the socio-criminological grounds for the application (appointment and execution) of punishments and other measures of a criminal law nature not related to deprivation of liberty. – Bulletin of the Kuzbass Institute. – 2021. – No. 4. – P. 113.
3. Poznyshev SV Fundamentals of penitentiary science. – M .: Legal publishing house of the People’s Commissariat of Justice, 1923. – P. 43.
4. Panfilov E. E. Prevention of delinquent behavior of juvenile convicts without isolation from society: criminal law and criminological aspects: author. … cand. legal Sciences. – Kursk, 2020. – S. 14-15.
CRIMINAL AND EXECUTIVE LAW
CHULUNOV Evgeniy Alexeevich
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
CORRECTIONAL LABOR: CRIMINAL-LEGAL ASPECT
In the article the author considers criminal punishment in the form of correctional labor in the Russian legislation. Touches upon the issues of assignment of corrective works. Assesses the measure of state coercion on the part of the socio-legal phenomenon. Gives different opinions of authors who have studied similar problems. Proposes amendments to the current legislation.
Keywords: job, convict, probation, punishments with compulsory involvement in labor, correctional labor.
Reference bibliographic list
1. Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru (date of access: 12/27/2022).
2. Utkin V. A. On the issue of the general part of the Penal Code of the Russian Federation for alternative punishments // Penitentiary security: national traditions and foreign experience: Materials of the All-Russian scientific and practical conference with international participation. In 2 parts, Samara, May 21–22, 2020. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2020. – P. 233-235.
3. Sundurov F. R. The concept and goals of punishment. Types of punishments // Commentary on the Criminal Code of the Russian Federation (scientific and practical) / ed. A. I. Chuchaeva. – Moscow: Prospekt, 2019. – P. 217.
4. Lyadov E. V. Penitentiary characteristics of punishment in the form of correctional labor // Criminal Executive Law. – 2014. – No. 2 (18). – S. 87-93.
5. Stepashin V. M. Special rules for sentencing and measures of a criminal law nature. – M., 2012.
6. Markov V. P. The mechanism for the implementation of basic criminal penalties not related to isolation from society in the Russian Federation (criminal legal analysis): dis. … doc. legal Sciences. – St. Petersburg, 2006. – S. 56.
7. Seliverstov V. I. Correctional work // Crime and punishment. – 2009. – No. 5. – S. 18-21.
8. Gabaraev A. Sh. Features of the penitentiary legal personality of individual entrepreneurs sentenced to corrective labor // Criminal Executive Law. – 2016. – No. 2 (24). – S. 52-55.
9. Sheveleva S. V., Mozhaykina V. A. The principle of the inevitability of punishment in penitentiary law: from declaration to the possibility of implementation // Bulletin of the Perm University. Legal Sciences. – 2021. – Issue. 54. – C. 722-753.
10. Demidov O. G. Punishment evasion: criminal law and criminological aspects: dis. … cand. legal Sciences. – Ryazan, 2004. – P. 9.
CRIMINALISTICS
BUGERA Mikhail Alexandrovich
Ph.D. in Law, associate professor, Head of Preliminary investigation sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
TO THE QUESTION OF THE FEATURES OF THE CRIMINALISTIC CHARACTERISTICS OF THEFT OF THE MEANS OF CELLULAR COMMUNICATION
The article examines the issues of the features of the forensic characteristics of theft of the means of cellular communications, as well as its individual elements, such as the subject of a criminal attack, the place, time and method of committing a crime, traces of the crime committed, the identity of the offender, the identity of the victim. Consideration of these issues is an integral part of the methodology for investigating these types of crimes.
Keywords: forensic characterization, crime, cell phone theft, cellular communication facility, elements of forensic characterization.
Reference bibliographic list
1. Yagodkina Yu. S. Some aspects of disclosure and investigation of theft of cell phones // Theoretical and practical aspects of the preliminary investigation: a collection of scientific articles. – Volgograd, 2020. – S. 472-477.
2. Galyautdinov R. F., Chembarisov T. I. Statistics and methods of counteraction to crimes in the field of cell phone theft // Eurasian legal journal. – 2021. – No. 8 (159). – S. 223-224.
3. Bugera M. A., Veklenko V. V. On measures to prevent cell phone theft // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (92). – S. 63-67.
CRIMINALISTICS
KRASNENKO Yuriy Vladimirovich
lecturer of Criminal process sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE CURRENT STATE AND IMPACT OF CRIMINALISTIC ACTIVITIES ON THE EFFECTIVENESS OF THE DISCLOSURE AND INVESTIGATION OF CRIMES
The effectiveness of solving crimes and investigating criminal cases depends on various areas of activity of law enforcement agencies of the Russian Federation. The article deals with theoretical and practical issues of realizing the possibilities of criminalistic activity in countering modern crime. In the course of studying the issue the author analyzed the features of the use of criminalistic tools in the investigation of crimes in the field of information and telecommunications technologies, touched upon some aspects of the use of technical means in the course of criminalistic support.
Keywords: criminalistic activities, criminalistic support, disclosure and investigation of crimes, technical means.
Reference bibliographic list
1. Bessonov A. A. Modern information technologies in the service of the investigation // Siberian criminal procedure and forensic readings. – 2022. – No. 1 (35). – S. 94-100.
2. Volynsky A. F., Prorvich V. A. The integrating role of forensic science in the formation of a complex of special knowledge and algorithms for their application to detect and properly investigate crimes in the digital economy // Bulletin of economic security, 2021. – No. 3. – P. 138-143.
3. Volynsky A. F., Prorvich V. A. Actual problems of creating computer forensics tools for crimes in the field of digital economy and finance // In the collection: Criminal procedure and forensic science: theory, practice, didactics. Collection of materials of the VI All-Russian scientific-practical conference. – Ryazan, 2021. – S. 67-74.
4. Gavrilin Yu. V., Shipilov V. V. research institute of fraud in the field of computer information // Russian investigator, 2013. – No. 23. – P. 2-6.
5. Gavrilin Yu. V. Activities of internal affairs bodies to combat crimes committed with the use of information, communication and high technologies: textbook: in 2 hours / [Yu. V. Gavrilin, A. V. Anosov and others]. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. – Part 1. – 208 p.
6. Krasnenko Yu. V. Some aspects of the use of technical means by the subjects of the disclosure and investigation of crimes // Problems of law enforcement. – 2020. – No. 2. – P. 53.
7. Maylis N. P. On the need to expand the scope of the educational process in the preparation of forensic experts // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia, 2016. – No. 5. – P. 56-59.
CRIMINALISTICS
MINKINA Ekaterina Sergeevna
lecturer of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES COMMITTED BY AN ORGANIZED CRIMINAL GROUP: LEGAL AND ANALYTICAL ASPECT
The precise definition of the criminalistic characteristics of crimes contributes to their effective investigation and disclosure. In this regard, the author reveals the main constructive features of an organized criminal group, which determine the essence and direction of criminal acts carried out by its members, determine the ways of committing crimes, relationships within the group and a number of related issues.
Keywords: criminalistic methodology, organized criminal group, traces, methods, counteraction.
Reference bibliographic list
1. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // SZ RF. – 07/05/2021. – No. 27. – Art. 5351.
2. Stukalova T. V. Topical issues of criminalization and proving acts in the field of organized crime under the legislation of the Russian Federation and the Republic of Kazakhstan: a comparative legal analysis // Results of modern scientific research. Materials of the International (correspondence) scientific-practical conference. – 2021. – S. 61-77.
3. The Criminal Code of the Russian Federation of 06/13/1996 No. 63-FZ (as amended on 09/24/2022) // SZ RF. – 06/17/1996. – No. 25. – Art. 2954.
4. Pinchuk V.S. To the question of the signs of an organized group in the criminal law of Russia // Alley of Science. – 2022. – Vol. 1. – No. 5 (68). – S. 511-516.
5. Sentence No. 1-313/2019 1-36/2020 dated January 30, 2020 in case No. 1-313/2019. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/rX1lMljQY8Hc/ (date of access: 11/10/2022).
6. Convention against Transnational Organized Crime (adopted in New York on 11/15/2000) // CZ RF of October 4, 2004. – No. 40. – Art. 3882.
CRIMINALISTICS
SELYUZHITSKAYA Gulnara Mansurovna
adjunct of Management of crime investigation bodies sub-faculty of the Academy of Management of the MIA of Russia
FEATURES OF PRE-INVESTIGATION VERIFICATION OF REPORTS OF FRAUD COMMITTED AGAINST THE ELDERLY
The article deals with the problems that arise before the investigator (inquirer) when a report of fraud committed against an elderly person is received. Older people are the most “attractive” category of the population, and therefore become frequent victims of fraudsters. As a result of the analysis of materials of judicial and investigative practice, the author describes typical pre-investigation situations that develop at the stage of collecting verification materials to resolve the issue of initiating or refusing to initiate a criminal case, or sending materials on investigation (pre-investigation verification stage). The conclusion is substantiated that it is necessary to include in the methodology of investigation of frauds committed against the elderly, the stage of pre-investigation verification.
Keywords: fraud, elderly person, pre-investigation check, pre-investigation situation.
Reference bibliographic list
1. Avakyan M. V. Methods of investigating and maintaining public prosecution in cases of intentional infliction of grievous bodily harm: dis. … cand. legal Sciences. – Kaliningrad, 2018.
2. Ilyin A. N. Tactics of preliminary verification of a crime report: dis. … cand. legal Sciences. – Moscow, 2009.
3. Makeev A. V. Features of the investigation of crimes against health // Epoch of Science. – 2018. – No. 15.
4. Melikyan MN Procedural and forensic aspects of preliminary verification of statements and reports of crimes: dis. … cand. legal Sciences: 12.00.09. – Krasnodar, 1998.
5. Nugaeva E. D. Features of the investigation of fraud in the provision of occult services: dis. … cand. legal Sciences. – Rostov-on-Don, 2018.
6. Savina L. A. Organization and tactics of preliminary verification of messages about economic crimes. – M., 2006.
7. Selyuzhitskaya G. M. Forensic knowledge about the characteristics of the personality of an elderly victim in cases of fraud // 30 years of legal science KUBGAU. Collection of scientific papers based on the materials of the All-Russian scientific and practical conference with international participation. Edited by V. D. Zelensky, responsible for the issue of S. A. Kuemzhiev, A. A. Tushev. – Krasnodar, 2021. Publisher: Kuban State Agrarian University named after I. T. Trubilin (Krasnodar).
CRIMINALISTICS
KHOREV Mikhail Vladimirovich
lecturer of Forensic science and customs sub-faculty of the Institute of Law and Management of the Tula State University
THE PROBLEM OF DETERMINING THE SOURCE OF INCREASED DANGER FOR THE PURPOSES OF FORENSICS
The article deals with the problem of forensic definition of the concept of “source of increased danger”. Having studied various approaches to the interpretation of the concept under study in forensic science, criminal law and criminal procedure science, the author comes to the conclusion that in all existing definitions there are no clear criteria that would allow one or another object to be unconditionally attributed to sources of increased danger, while avoiding an overly broad interpretation of the concept.
Keywords: source of increased danger, complex technical system, malicious, out of human control, careless crimes.
Reference bibliographic list
1. Antimonov B. S. Civil liability for harm caused by a source of increased danger. – M., 1952. – 296 p.
2. Bikeev II The concept and types of objects of increased danger in criminal law // Actual problems of economics and law. – 2007. – No. 1. – S. 141-149.
3. Boldinov V. M. Responsibility for causing harm by a source of increased danger. – St. Petersburg: Legal Center Press, 2002. – 372 p.
4. Civil Protection: Encyclopedic Dictionary (third edition, revised and expanded); under the general editorship. V. A. Puchkova / EMERCOM of Russia. – M.: FGBU VNII GOChS (FTs), 2015. – 711 p.
5. Gurinskaya A. L. Anglo-American model of crime prevention. Abstract … doc. legal Sciences. – Kaliningrad, 2018. – 46 p.
6. Ershov O. G., Vinogradov M. V. Construction activity as a source of increased danger // Modern law. – 2008. – No. 10. – S. 90-93.
7. Saltevsky M.V. Criminalistics in the modern presentation of lawyers: Textbook.-practical. allowance. – Kharkov: “Rubicon”, 1997. – 432 p.
8. Sergeev A. P. Civil law: Textbook / Ed. A. P. Sergeev, Yu. K. Tolstoy. – M., 1998. Part 2. – 778 p.
9. Tebryaev A. A. Extra-contractual (tort) liability and protection measures for causing harm by a source of increased danger. Abstract dis. … cand. legal Sciences. – St. Petersburg, 2002. – 20 p.
10. Tyazhkova I. M. Responsibility for negligent crimes committed when using sources of increased danger. Dis. … doc. legal Sciences. – M., 2003. – 399 p.
11. Fleishits E. N. Obligations from causing harm and from unjust enrichment. – M., 1951. – 239 p.
12. Shishkin S. K. A source of increased danger and its types // Russian justice. – 2002. – No. 12. – 130 p.
13. Tyazhkova I. M. Negligent crimes using sources of increased danger / Ed. V. S. Komisarova. – St. Petersburg, 2002.
CRIMINALISTICS
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and criminalistics sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz Russian Slavic University
ARDASHEV Roman Georgievich
Ph.D. in Law, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Siberian Law Institute of the MIA of Russia
FORENSIC MEDICAL ASSESSMENT OF THE DEATH OF SPORTS TOURISTS (CLIMBERS) IN MOUNTAINOUS AREAS
The authors consider the classic causes of the death of sports tourists (climbers) in mountainous areas. Examples of high-profile cases of this category are presented (the disappearance of Leningrad climbers led by P. Klochkov, the death of a group of ski tourists led by I. Dyatlov, the death of tourists on the Kola Peninsula and the Eastern Sayans, etc.). A forensic medical description of the injuries received by people in high mountains, which was the cause of their death, is given.
Keywords: forensic medical examination, highlands, violent death, tourism, mountaineering.
Reference bibliographic list
1. Detailed statistics on the death of mountain tourists and climbers in Russia and other countries is given in the book: Lukoyanov P.I. Safety in ski trips and emergency situations of winter conditions. M., 1998. – 140 p. – Approx. ed.
2. Ardashev R. G., Turkova V. N. On erroneous and far-fetched versions in the investigation of the mass death of people (based on materials about the death of the Dyatlov tourist group) // Law and Law. – 2018. – No. 9. – P. 155-157.
3. Volkov E. Did not return from the campaign // Tourist. – 1973. – No. 6. – S. 12-13.
4. Arkhipov O. N. Forensic experts in the case of the Dyatlov group. – Tyumen, 2015. – 200 p.
5. Grekovich A. The Dyatlov group and other mysteriously missing expeditions // Rossiyskaya Gazeta. – 2019. – March 26.
6. Letter No. 3/195401837598 dated May 8, 2019. Personal archive of R. G. Ardashev.
7. Grigoriev A. Smart will not go uphill. Without a phone // Arguments and facts. – 2007. – December 26. – No. 52.
8. Arkhipova A. N. International practice of investigating a murder in the absence of a corpse of the victim // Criminalistics in the system of pr Applications: Proceedings of the conference October 27-28, 2008. – M., 2008. – S. 203-206.
9. Shamurzaev T. T., Ardashev R. G. Activities of law enforcement agencies to search for missing persons and corpses of victims. – Bishkek, 2022. – S. 128-131.
10. Mechukuev A. M., Mechukuev A. A. Analysis of the traumatic death of citizens in high mountains // Forensic Medical Examination. – 2006. – No. 6. – P. 10 -14.
11. Kulinkovich K. Yu., Kutsenko K. I. Morphological features and the mechanism of damage formation during a fall from a high-rise building. Forensic Medical Examination. – 2017. – No. 1. – P. 36-38.
12. Marinov B. Problems of security in the mountains. – M., 1981. – S. 12-16.
13. Desyatov V.P. Death from hypothermia. – Tomsk, 1977. – S. 45-54.
14. Mirrakhimov M. M. Cardiovascular system in high mountains. – L., 1968. – S. 34-42.
CRIMINALISTICS
ISAEV Aliabas Ibrahimovich
master of laws, postgraduate student of Criminalistics sub-faculty of the M. V. Lomonosov Moscow State University
FEATURES OF INSPECTION IN CASES OF SMUGGLING ALCOHOLIC PRODUCTS AND (OR) TOBACCO PRODUCTS
This article is aimed at identifying and considering the main features of the inspection proceedings in cases of smuggling of alcoholic beverages and (or) tobacco products (Article 200.2 of the Criminal Code of the Russian Federation).
The practical basis of this study is the analysis of investigative and judicial practice from the point of view of forensic science.
Smuggling of alcoholic products and (or) tobacco products is a customs crime characterized by a high degree of danger, in connection with which the formation and development of effective approaches to the most common investigative actions in practice aimed at investigating and disclosing this type is of particular importance crimes. The article discusses the features of such types of inspection as inspection of the scene, the subject of smuggling and the vehicle as part of the investigation of this type of smuggling.
The conclusions made in this work can be applied in the process of investigating and solving a crime under article 200.2 of the Criminal Code of the Russian Federation.
Keywords: smuggling, smuggling of tobacco products, smuggling of alcoholic products, investigative inspection, inspection of the scene, inspection of the subject of contraband.
Reference bibliographic list
1. Belkin R. C. Collection, research and evaluation of evidence. Essence and methods. – M., 1966. – S. 112.
2. Bokov A. A. The initial stage of disclosure and investigation of smuggling. Diss. – Moscow, 2004. – P.162.
3. Dugin G. A. Technical means of customs control. – M., 1993. – S. 144.
4. Zhbankov V. A. Mikhailov A. V. Tactics of investigative inspection in cases of crimes related to the competence of the customs authorities of the Russian Federation. – M.: RIO RTA, 2004. – 112 p.
5. Zhbankov V. A. Tactics of investigative inspection. – M .: Academy of the Ministry of Internal Affairs of the Russian Federation, 1982. – S. 56-57.
6. Ishchenko E. P., Toporkov A. A. Criminalistics: Textbook. 2nd ed., rev. and additional / Ed. E. P. Ishchenko. – M .: Contract, Infra-M, 2005. – S. 319.
7. Karnavsky P. Collection of physical evidence in cases of smuggling // Law and Law. – 2008. – No. 9. – S. 77-79.
8. Kozlovsky Yu. O. counteraction to smuggling transported by road // Bulletin of the Russian Customs Academy. – 2010. – No. 3. – P. 73-82.
9. Kolesnikova M. M. Features of the inspection as a tactic of investigative actions in the process of obtaining evidence in cases of customs crimes // Russian investigator. – 2010. – No. 6. – P. 2-5.
10. Criminalistics: textbook / Ed. ed. N. P. Yablokov. – 3rd ed., revised. and additional – M.: Lawyer, 2005. – S. 429.
11. Netskin I. V. Counteraction to the investigation of customs crimes, forensic means and methods of overcoming it: Dis. … Ph.D. – M., 2001.
12. Inspection of the scene. Textbook, ed. V. F. Statkus. – M .: EKTs MVD RF, 1995. – P. 33.
13. Suchkov Yu. I. Customs crimes: Proc. allowance. – Kaliningrad: Publishing House of KSU, 2000. – P. 4.
14. Shervani E. N. K. Features of conducting an investigative examination in the investigation of drug smuggling in the Republic of Iraq // Bulletin of the Tula State University. Economic and legal sciences. – 2015. – No. 4-2. – S. 306-313.
15. Order of the Federal Customs Service of Russia dated October 25, 2011 No. 2190 (as amended on March 26, 2013) On approval of the Instructions on the actions of customs officials during the organization and conduct of customs inspection (inspection) // ATP Consultant Plus.
CRIMINOLOGY
KONOPLEVA Anastasia Dmitrievna
student of the Russian State University of Justice
TEREKHOV Andrey Mikhaylovich
Ph.D. in economical sciences, associate professor of the Russian State University of Justice
KUVYCHKOV Sergey Ivanovich
Ph.D. in Law, associate professor of the Russian State University of Justice
MAZUNOVA Anna Albertovna
senior lecturer of the Volga branch of the Russian State University of Justice
ANALYSIS OF THE RESULTS OF CONSIDERATION OF CORRUPTION-RELATED CRIMINAL CASES THAT PASSED THROUGH THE DISTRICT COURTS OF THE NIZHNY NOVGOROD REGION
The article is devoted to the study of the current state of corruption crimes in the Nizhny Novgorod region on the basis of official statistical data of the territorial Administration of the Judicial Department. The results of the analysis of data on corruption-related criminal cases that have passed through district courts are considered, the structure of such crimes and the structure of the types of basic punishments are revealed. A causal relationship between statistical indicators and social phenomena has been established.
Keywords: corruption, criminal record, statistics, data analysis.
Reference bibliographic list
1. Ivanova A. A. The effectiveness of criminal punishment for corruption crimes // Lex russica (Russian law). – 2022. – T. 75. – No. 6 (187). – S. 59-73.
2. Ovchinnikov A. I. Countering corruption in the context of digitalization: opportunities, prospects, risks // Journal of Russian law. – 2019. – No. 11. – P. 158-170.
3. Terekhov A. M., Kuvychkov S. I., Smirnov S. A. Features of statistical modeling and crime forecasting: theoretical aspect // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (54). – S. 123-130.
CRIMINOLOGY
SOKOLOV Ilya Alexandrovich
postgraduate student of Organization of judicial and prosecutorial-investigative activities sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), Justice of the Peace of the judicial district № 336 of the Balashikha Judicial District of the Moscow Region
INFORMATION SECURITY OF THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION: ESSENCE, CONTENT, BASIC CONCEPTS
The problems of ensuring information security on the part of the prosecutor’s office in the conditions of digitalization of society are reaching a new level. The author of the article clarifies the legal essence and content of the category “information security of the prosecutor’s office”. The result of the study was a comparative analysis of existing concepts explaining the essence of information security.
Keywords: prosecutor’s office, law, prosecutor’s supervision, information security of the state.
Reference bibliographic list
1. Astakhova L. V. Information security: hermeneutic approach. Monograph. – M: RAN, 2010. – 186 p.
2. Inshakov M. V. Ensuring the information security of Russia in the context of the formation of the global information society. Abstract dis. … cand. polit. Sciences: 23.00.02. – M, 2007. – 23 p.
3. Kiyaev V. I., Granichin O. N. Security of information systems: a course. – M.: National Open University “INTUIT”, 2016. – 192 p.
4. Korshunova O. N., Golovko I. I. Category of the object in the theory of prosecutorial activity: theoretical and applied aspects // Law. Journal of the Higher School of Economics. – 2021. – No. 1. – P. 62-79.
5. Manzhueva O. N. Phenomenon of information security: essence and features: dis. … doc. philosopher. Sciences: 09.00.11. – Ulan-Ude, 2015. – 383 p.
6. Organizational and legal support of information security: textbook and workshop for universities / Ed. T. A. Polyakova, A. A. Streltsova. – M: Yurayt, 2021. – S. 12-13.
7. Yasenev VN Information security in economic systems. – Nizhny Novgorod: UNN, 2006. – 253 p.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
FACTORS OF NARCOSIS OF WOMEN IN A SEPARATE REGION OF THE RUSSIAN FEDERATION: ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY
In the article, based on the data of a sociological survey conducted in the Krasnoyarsk Territory in 2022 during the annual monitoring of the drug situation in the Russian Federation, some factors of the spread of drug use among the female population are considered. The values of women, their attitude to the problem of drug addiction, as well as the degree of their involvement in non-medical drug use are determined. Some proposals aimed at improving the effectiveness of research among this population group are formulated, and the essential aspects of women’s anesthesia are emphasized, which should be taken into account when planning and conducting preventive anti-drug measures.
Keywords: anesthesia, drug addiction, monitoring of drug situation, factors of drug use, anti-drug prevention.
Reference bibliographic list
1. Dynamics of the drug situation in the Krasnoyarsk Territory based on the results of sociological research in the format of annual monitoring (2017-2021) / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. N., Zazulin R.I. Research report dated October 27, 2021 (Ministry of Internal Affairs of the Russian Federation).
2. Gvozdetskaya VK Psychological characteristics of men and women in different periods of age crises // Sciences of Europe. – 2016. – No. 9-4(9). – S. 12-24.
3. Tanasov G. G., Sysoeva O. A. Manipulation in relations between a woman and a man // Bulletin of the Adyghe city state university. Series 3: Pedagogy and psychology. – 2011. – No. 1. – P. 152-157.
4. Ruslina A. O. Age, gender and professional differences in the understanding of manipulation: author. dis. … cand. psychol. Sciences. – M., 2008. – 24 p.
CRIMINOLOGY
CHAKIEV Murat Akhmedovich
senior lecturer of Forensic science sub-faculty of the St. Petersburg University of the MIA of Russia, lieutenant colonel of police
ON THE ISSUE OF GUARANTEEING THE RIGHTS AND LEGITIMATE INTERESTS OF DISABLED PEOPLE WHO HAVE BECOME VICTIMS OF SOCIALLY DANGEROUS ACTS
The paper examines the need to increase the guarantees of the rights and legitimate interests of persons with disabilities, especially those recognized as disabled, who have become victims of criminal encroachments, which is currently insufficiently implemented at the state level in general, within the framework of criminal and criminal procedure legislation in particular. Using the example of the criminal legislation of the Republic of Serbia, the ideas of improving the criminal law of the Russian Federation in order to toughen the punishment for crimes against disabled people as the most vulnerable category of the population are proposed. It is also pointed out that the increased control by the State over ensuring guarantees of the rights of persons with disabilities is justified, which seems to be insufficiently implemented.
Keywords: disabled person, crime prevention, protection of the rights of disabled people, victimology, tougher punishment.
Reference bibliographic list
1. Kovalev A. G. Psychology of personality. – M., 1970. – 391 p.
2. Mikhailovskaya O. V. A person in a helpless state as a constructive sign of the main components of crimes // Law and Law. – 2021. – No. 8. – P. 120-125.
3. Totoev R. R., Smelova S. V. On the classification of factors of victimization of disabled people // Criminology: yesterday, today, tomorrow. – 2019. – No. 3 (54). – S. 68-71.
4. Mayorov A. V. On the concept of victimological counteraction to crime // Legal Science and Law Enforcement Practice. – 2015. – No. 4 (34). – S. 50-57.
5. Kuchina M. S. The importance of victimological prevention in the system of crime prevention measures // Innovative economy: prospects for development and improvement. – 2015. – No. 3 (8). – S. 88-94.
LEGAL PROCEEDINGS
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
THE IMPACT OF CLIMATE LITIGATION ON THE ACTIVITIES OF GOVERNMENTS IN THE FIELDOF “CLIMATE CHANGE”: STRATEGIC LAWSUITS
The article argues that the courts have become a decisive lever in the fight to protect the climate from changes. In April 2022, the
IPCC recognized for the first time the important role that climate change litigation plays in influencing “climate governance outcomes and
ambitions.” In September 2022, the first climate lawsuit was filed against the government of the Russian Federation. In total, according to Climate Change Laws of the World, as of October 2022, 2,099 cases related to climate change were initiated in the world. Climate lawsuits against governments have been dubbed “strategic litigation” (or framework litigation) because they aim to bring about broader changes in government climate policy, raise public awareness, or change the behavior of governments or industry actors.
Keywords: climate lawsuits, Paris Agreement, strategic lawsuits, the “Urgenda” case, framework climate litigation.
Reference bibliographic list
1. Gershinkova D. A. (2021). Climate Lawsuits: Foreign Experience and Prospects in Russia // Journal of Foreign Legislation and Comparative Law. – 2021. – T. 17. – No. 3. – S. 116-131. DOI: 10.12737/jflcl.2021.033.
2. Ermakova E. P. (2020). Lawsuits against governments and private companies of European countries on climate protection under the Paris Agreement 2015 (Great Britain, the Netherlands, Germany, France) // Bulletin of the Perm University. Legal Sciences. – 2020. – Issue. 49.-C. 604-625. DOI: 10.17072/1995-4190-2020-49-604-625. – S. 612.
3. Ermakova E. P. (2022). Features of dispute resolution in the field of climate protection by state courts and arbitration // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – T. 26. – No. 1. – S. 192-209. – DOI 10.22363/2313-2337-2022-26-1-192-209.
4. Novel A. (2019). Climate change: a new topic in jurisprudence // UNESCO Courier. – 2019. – No. 3. [Electronic resource]. – Mode of access: https://ru.unesco.org/courier/2019-3/change-klimata-novaya-tema-v-sudebnoy-praktike (accessed 10/12/22).
5. Kleandrov M. I., Frolova E. E., Ermakova E. P. Fundamentals of legal regulation of “green” financing in Russia and the European Union: textbook. – Moscow: RUDN University, 2021. – 74 p.
6. Frolova E. E. (2020) Digitalization and green finance: new trends in the legal regulation of economic relations of the XXI century // In the collection: Modern problems and prospects for the development of private law and public law regulation. Materials of the National scientific and practical conference dedicated to the 75th anniversary of the Victory
in the Great Patriotic War of 1941-1945. and the 90th anniversary of the birth of Doctor of Law, Professor, Academician of the Academy of Social Sciences of the Russian Federation, Honored Lawyer of the Republic of Bashkortostan Mark Semyonovich Ordansky. In 2 parts. – 2020. – S. 328-334;
7. Nedevska J. (2021). An Attack on the Separation of Powers? Strategic Climate Litigation in the Eyes of U.S. Judges // Sustainability. – 2021. – No. 13. – 8335 p.
[Electronic resource]. – Access mode: https://doi.org/10.3390/su13158335
8. Pouikli K. (2021). Editorial: a short history of the climate change litigation boom across Europe. ERA Forum 22, 569-586 (2021). [Electronic resource]. – Access Mode: https://doi.org/10.1007/s12027-022-00700-1.
9. Preston B. (2011). The Influence of Climate Change Litigation on Governments and the Private Sector // Climate Law. – 2011. – No. 2. – P. 485. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2345988 (date of access: 12.10.22).
10 Schiermeier Q. (2021). Climate science is supporting lawsuits that could help save the world // Springer Nature. – 08 September 2021. – Nature 597. – R. 169-171.
– 2021. doi: [Electronic resource]. – Access mode: https://doi.org/10.1038/d41586-021-02424-7.
LAW ENFORCEMENT AUTHORITIES
IVANOVA Lyudmila Apollonovna
Ph.D. in Law, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ACTIVITIES OF INTERNAL AFFAIRS BODIES DURING MASS EVENTS
Today, it is impossible to imagine holding mass events without the participation of internal affairs bodies in them. The qualitative and effective resolution by these bodies of the tasks facing them during the events (regardless of the stages) is directly related to the coordinated work of all subjects involved in ensuring public order and maintaining public safety. The article discusses the concepts of public, mass events, what is the danger of mass riots.
Keywords: public events, mass events, mass riots.
Reference bibliographic list
1. Bad G. I. Special training of employees of the internal affairs bodies: textbook. allowance. – Kursk: South-West. State. un-t. – S. 287.
HUMAN RIGHTS
OSPISHCHEV Roman Igorevich
postgraduate student of Judiciary, civil society and law enforcement sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ACTUAL PROBLEMS OF THE LEGAL STATUS OF FOREIGNERS IN THE RUSSIAN FEDERATION
The article deals with current problems in the field of migration. The influence of foreigners on the security of the country. Also, ways were proposed to eliminate and improve the current migration law of Russia.
Keywords: foreign citizen, migration law, migration, legal status.
Reference bibliographic list
1. Zraeva I. M. Legal regulation of migration processes in Russia: problems and development prospects // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 2. – P. 153-156.
2. Stepanov A. V. On the issue of the migration legal status of foreigners in the Russian Federation // Bulletin of the Tomsk State University. Right. – 2016. – No. 4 (22). – S. 84-97.
STATE AND LAW
KUSHKHOV Khazhmurat Lionovich
senior lecturer of Theory and history of state and law sub-faculty of the Institute of Law, Economics and Finance of the Kh. M. Berbekov Kabardino-Balkarian State University
TO THE QUESTION OF THE PRINCIPLES OF RELATIONS BETWEEN PUBLIC AUTHORITIES AND RELIGIOUS ASSOCIATIONS
Today, in the Russian Federation, as in a multinational and multi-confessional state, the main task for legislators is the separation of state authorities and religious associations. The relationship between the state and religious associations is based purely on legislative acts and norms of the Constitution of the Russian Federation. The legislation of our country is aimed at equality between all people living in the country, gives them the same rights, including freedom of speech and religion, thereby giving people the opportunity to adhere to the religion that is close to them or not to adhere to any, express freely their thoughts and punishes those who infringe on the rights of believers and non-believers, and also uses religion to commit criminal acts, thereby threatening public safety, both of the whole society and people who profess the same religion, because in society they will be associated with a criminal group that uses religion as a cover. And since no religion is recognized as a state or obligatory one, then religious associations that are engaged in manipulating the minds of people, inciting interfaith hatred, sectarianism, etc. are considered illegal, prohibited, and their organizers must bear administrative and criminal liability.
Keywords: state, religion, religious associations, freedom of conscience, multi-confessionalism.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the national vote on July 1, 2020). [Electronic resource]. – Access mode: http://www.consultant.ru/ (accessed 11/30/2022).
2. Federal Law “On freedom of conscience and religious associations” dated September 26, 1997 No. 125-FZ [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_16218/ (accessed 11/30/2022).
3. Avanesova E. G. Experience of interaction between public authorities and religious organizations in modern Russia // Bulletin of the Tomsk State University. Philosophy. Sociology. Political science. 2018. No. 46. P. 157-166.
4. Kushkhov Kh. L. On the administrative and legal status of religious associations // Journal of Applied Research. 2021. No. 6-3. pp. 267-270.
5. Kushkhov Kh. L. Organizational and legal issues of improving the interaction of law enforcement agencies with religious associations // In the collection: Actual problems of administrative law and process. Materials of the International scientific-practical conference. Editorial Board: I. V. Yablonsky, S. G. Denisenko, V. N. Kozlov [and others]. Krasnodar, 2021. S. 80-85.
STATE AND LAW
GAVRIKOVA Albina Mikhaylovna
postgraduate student and assistant in History of state and law sub-faculty of the O. E. Kutafin Moscow State University of Law (MSAL)
SUPREME POWER: ELEMENTS, TYPES AND FUNCTIONS
The article contains theoretical analysis definitions of “authority” and “state”. The author formulated her own defenition “supreme power”, emphasizing its characteristics such as unity, fullness, unlimited, constancy and continuity. According to the article depending on the type of sovereign it is possible to distinguish the main types of supreme power, namely the monarchy, aristocracy, democracy, inter alia the monarchy, aristocracy, democracy. The functions of supreme power in terms of influence are separated into internal and external, each type was defined.
Keywords: state, law, society, authority, supreme power.
Reference bibliographic list
1. Boden J. Six books about the state // Anthology of world legal thought in 5 volumes. T. 2: Europe. V-XVII centuries Moscow, 1999. – 829 p.
2. Gratsiansky M. V. Pope Gelasius I (492 ± 496) and his ecclesiological views // Vestnik PSTGU. Series I: Theology. Philosophy. Religious studies. – 2016. – Issue. 3 (65). – S. 25-41
3. Kechekyan S. F. Aristotle’s doctrine of state and law. – M.; L., 1947. – 222 p.
4. Smorchkov A. M. Curiate law on the empire and the auspices of magistrates // Ancient law. – 2003. – No. 11. – S. 24-39.
5. Tikhomirov L. Guiding ideas of Russian life. – M.: Institute of Russian Civilization, 2008. – 637 p.
PEDAGOGY AND LAW
EGORENKOV Dmitriy Vladimirovich
Ph.D. in pedagogical sciences, senior lecturer of Tactical and special training sub-faculty of the Volgograd Academy of the MIA of Russia
BELETSKIY Alexander Alexandrovich
senior lecturer of Fire training sub-faculty of the Volgograd Academy of the MIA of Russia
ABOUT SOME QUESTIONS OF EDUCATION OF THE HIGHER EDUCATION SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS
In this article the author considers the components of the educational process, special attention is paid to the combination of the learning process with the carrying out of official duties.
The aim is to identify the factors that reduce the effectiveness of police training in the MIA HEIs.
The objectives of the study are to consider the components of the educational process, to identify the problems, as well as to propose their solutions to the detected problems.
The following methods were used in the work – dialectical and formal logic, a set of general scientific and special methods of study: analysis and synthesis; some others.
Results of the study and their discussion – the author has identified a large number of entered into tradition activities that take a large amount of time and prevent the full use of time for training, necessary in preparation for future service in the territorial bodies of the Ministry of Internal Affairs of Russia. Thus, it is recommended to reduce the load in the form of outfits, cleaning of the territory, formations to allow students to allocate more time for mastering the curriculum.
Keywords: education higher institution of the Ministry of Internal Affairs, learning difficulties, discipline, service.
Reference bibliographic list
1. Bekk A. A., Evtikhov O. V., The problem of adaptation of cadets of educational organizations of the Ministry of Internal Affairs of Russia to educational and service activities // Scientific component. – 2019. – No. 3 (3). – S. 163-168. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-adaptatsii-kursantov-obrazovatelnyh-organzatsiy-mvd-rossii-k-uchebnoy-i-sluzhebnoy-deyatelnosti/viewer
2. Bashlueva N. N. Historical and pedagogical analysis of the problem of training cadets of military universities and universities of the Ministry of Internal Affairs in the XVII-XIX centuries // Gaps in Russian legislation. Legal Journal. – 2012. – P. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriko-pedagogicheskiy-analiz-problemy-obucheniya-kursantov-voennyh-vuzov-i-vuzov-sistemy-mvd-v-xvii-xix-vekah/viewer
3. Lopatin E. A., Shkabin G. S. Evaluation by cadets of the university of the Ministry of Internal Affairs of Russia of the effectiveness of the use of the electronic educational environment “Moodle” before and during the pandemic of coronavirus infection COVID-19 // Bulletin of the Peoples’ Friendship University of Russia. Series: Informatization of education. Legal Journal. – 2021. – P. 4 [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriko-pedagogicheskiy-analiz-problemy-obucheniya-kursantov-voennyh-vuzov-i-vuzov-sistemy-mvd-v-xvii-xix-vekah/viewer
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
EGOROVA Diana Denisovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
INTER-ETHNIC AND INTERCULTURAL COMMUNICATION OF STUDENTS IN HIGHER EDUCATIONAL INSTITUTIONS
The article analyzes the problems and experience in the organization of interethnic and intercultural interaction of students in the educational environment of a higher educational institution. For effective students’ social and professional development in this process certain skills and conditions are required to ensure the maximum quality of the presentation of educational material and improve the process of mutual understanding. This article reflects the practical experience of foreign students’ interaction at Ufa State Petroleum Technical University in the form of a structured characteristic that explains the influence of the most important environmental factors in the socio-pedagogical support of interethnic interaction. Special attention is focused on interaction with a comprehensive program of foreign students’ social adaptation to the environment during their interethnic and intercultural interaction at the educational institution.
Keywords: professional education pedagogy, ecological approach to education, cultural assimilation, educational university environment, personal and cultural professional development.
Reference bibliographic list
1. Harutyunyan Yu. V. Ethnosociology. – M.: Aspect Press, 2006. – S. 271.
2. Verevkin L. P., Karelov S. V. Foreign students in Russian universities: motives for arrival and employment prospects // Energy: economics, technologies, ecology. – 2006. – No. 5. – S. 68-73.
3. Goncharova N. V. Attitude towards foreign students at the university: some aspects of interethnic interaction // Simbirsk Scientific Bulletin. – 2015. – No. 4 (22). -WITH. 165-170.
4. Domorovskaya O. G. Social and pedagogical conditions for the adaptation of students with a migration background in the cultural and educational space of the university: Abstract of the thesis. … cand. ped. Sciences. – Rostov-on-Don, 2007. – P. 11.
5. Efremova T. F. Modern explanatory dictionary of the Russian language. [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/efremova/ (accessed 08.10.2022).
6. Zhivkovich E. E. Socio-psychological features of interethnic relations in Serbia: dis. … doc. Phil. Sciences. – M., 2018. – S. 328.
7. Karnyshev AD Interethnic interaction in Buryatia: social psychology, history, politics. – Ulan-Ude: BSU, 1997. – S. 184.
8. Kozhanov IV Nature and structure of ethno-cultural socialization of personality // Fundamental research. – 2013. – No. 8-5. – S. 1193-1197. [Electronic resource]. – Access mode: http://fundamental-research.ru/ru/article/view?id=32109 (accessed 08.10.2022).
9. Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university [Text] // Bulletin of the Maikop State Technological University. – 2015. – No. 2. – P.74-76.
10. Pavlenko N. V., Taglin S. A. General and applied ethnopsychology // Society for Scientific Publications of KMK. – Moscow, 2005. – S. 483.
PEDAGOGY AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – branch of the RANEPA under the President of the Russian Federation
PROJECT ACTIVITY IN TEACHING THE COURSE “HISTORY OF STATE AND LAW OF FOREIGN COUNTRIES” FOR LAW STUDENTS
This publication is another in a series of analytical materials prepared by us on the methodology of teaching specialized disciplines for law students in the context of the Federal State Educational Standard (FGOS). The features of the application of the project activity method in teaching the course “History of State and law of foreign countries” for law students are identified and characterized. The domestic and foreign experience is summarized. Conclusions are drawn about the expediency of introducing creative research techniques in academic teaching practice.
Keywords: project activity, method of project activity in teaching, motivation of students, history of state and law of foreign countries, creative activity of students, competence approach in the training of law students.
Reference bibliographic list
1. Kolyvanova L. A., Chekanushkina E. N. Project activity in the preparation of students in universities: a modern aspect // Proceedings of the Samara Scientific Center of the Russian Academy of Sciences: Social, Humanitarian, Biomedical Sciences. – 2021. – T. 23. – No. 81. – S. 22-26.
2. Mamedova L. V., Safarova N. A. Project activity as a means of forming universal educational actions // Modern science-intensive technologies. – 2021. – No. 6-1. – S. 176-180.
3. Nedzelyuk T. G. Roman law as an academic discipline in the modern educational paradigm // Problems of socially-oriented innovative development of the Belarusian society. – Gomel: MITSO, 2017. – S. 328-330.
4. Pyataev D. A., Shcherbakova E. S. Project activity in the structure of higher education // Chelovek. Society. Society. – 2022. – No. 16. – P. 12-15.
PEDAGOGY AND LAW
SHARTDINOV Aidar Shaikhislamovich
senior lecturer of the Military Training Center of Ufa University of Science and Technology, lieutenant colonel
SERGEEV Alexey Petrovich
Head of the Department of Aviation Equipment and Electronic Equipment of the Military Training Center of the Ufa University of Science and Technology, colonel
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
FORMATION OF PROFESSIONAL COMPETENCE OF CADETS OF THE MILITARY TRAINING CENTER OF THE UNIVERSITY IN THE CONTEXT OF INTERACTIVE LEARNING
The article presents the possibilities of interactive learning in the process of forming the professional competence of future reserve officers studying at the military training center of the university in a number of military accounting specialties and examines the didactic principles of interactive learning. The author describes the results of a pedagogical experiment on the formation of professional competence of cadets of the military training center of the university during interactive training, as well as a set of pedagogical conditions that affect the effectiveness of this process. They prove that interactive learning is a way of cognition carried out in the forms of joint activity of students.
Keywords: interactive learning, interactivity, dialogue, student, self-development of personality, subject, professional competence, technology.
Reference bibliographic list
1. Korotaeva E. V. Interactive learning: myths and realities // School technologies. – 2013. – No. 4. – P. 41–48.
2. Panina T. S., Vavilova L. N. Interactive learning. Obrazovanie i nauka. Izvestia URO RAO. – 2007. – No. 6 (48). – S. 32-41.
3. Golovanova I. I., Asafova E. V., Telegina N. V. Interactive learning practices: method. allowance. – Kazan: Kazan. un-t, 2014. – 288 p.
4. Barinova V. I. Methods of overcoming psychological and pedagogical difficulties in the process of using interactive learning // Bulletin of the Tula branch of the Financial University. Socio-economic development of the region: theory and practice. – 2015. – S. 242-244.
5. Methods for identifying satisfaction with the chosen profession (method of A. A. Rean; modification of the methods of V. A. Yadov and N. V. Kuzmina).
6. Yadov V. A. Sociological research: methodology, program, methods. – M., 2006. – 266 p.
7. Zeer E. F., Rudey O. A. Psychology of professional self-determination in early youth: Proc. allowance. – M .: Publishing house of the Moscow Psychological and Social Institute; Voronezh: Publishing house NPO “MODEK”, 2008. – 256 p.
8. Chernyavskaya V. S. Formation of communicative culture in the structure of vocational education of cadets of a maritime university: dis. … cand. ped. Sciences: 13.00.08. – Vladivostok, 1999. – 187 p.
9. Andreev Yu. Yu. Pedagogical technology of education of positive interpersonal relations among cadets of higher educational institutions of internal troops of the Ministry of Internal Affairs of Russia by means of physical culture: dis. … cand. ped. Sciences: 13.00.01. – St. Petersburg, 2012. – 215 p.
10. Plaksina I. V. Interactive technologies in education and upbringing: method. allowance / Vladim. state un-t im. A. G. and N. G. Stoletovs. – Vladimir: Publishing House of VlGU, 2014. – 163 p.
POLITICS AND LAW
MITYAEVA Yuliya Vladimirovna
Ph.D. in political science, associate professor of civil law disciplines sub-faculty of the Moscow Witte University, Ryazan branch
VIDOVA Tatyana Alexandrovna
Ph.D. in historical sciences, associate professor, Deputy Head of Civil law disciplines sub-faculty of the Moscow Witte University, Ryazan branch
GOLOVASTOVA Yuliya Aleksandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law sub-faculty of the Academy of the FPS of Russia, professor of Criminal-Legal and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch, chief researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penal Enforcement Center for the Study of Problems of management and organization of the execution of Sentences in the Penal Enforcement System Research Institute of the FPS of Russia
POLITICAL AND LEGAL ANALYSIS OF THE ESSENTIAL ASPECTS OF THE IMPLEMENTATION OF THE CONCEPT OF MIGRATION POLICY OF THE RUSSIAN FEDERATION, ITS DEVELOPMENT AND IMPROVEMENT
Within the framework of the scientific article, a comprehensive political and legal analysis of the essential factors of the implementation of the concept of the implementation and development of migration policy by the Russian Federation over the past ten years is carried out. The authors consider the nature of migration policy as an integral component of state policy, its targets, actors, functions, and characteristic features. The authors focus special attention on the variability of the issues in the implementation of the provisions of the conceptual program for the development of migration processes in Russia in the existing political and economic realities.
The authors come to conclusions about the desirability of possible changes in the regulatory framework governing the powers of state authorities in the field of migration relations, which will affect both the management of external migration flows and internal migration of citizens of the Russian Federation, contributing to overcoming the damping of the demographic crisis , compensation for the ametric distribution of population and labor resources by region, will strengthen the operational functions of law enforcement agencies, whose powers include monitoring the activities of participants in migration relations and the suppression of illegal actions will increase the degree of participation of the authorities of the constituent entities of the Russian Federation in the use of the working potential of migrants.
Keywords: politics, migration policy, foreign citizen, labor migrants, state authorities, migration flows.
Reference bibliographic list
1. Amirova D. R., Khramova A. I. Regulation of migration processes as a factor in ensuring the national security of the country // Modern scientific research and innovations. 2016. No. 6. [Electronic resource]. – Access mode: https://web.snauka.ru/issues/2016/06/69052 (date of access: 12/23/2022).
2. Brik A. D. Migration law: problems of formation as a branch of Russian law // Yurist-Pravoved. – 2008. – No. 2. – S. 110-114.
3. Zraeva I. M., Laptev V. I. Problems of legal regulation of migration processes in the Russian Federation // Bulletin of the Bryansk State University. – 2019. – No. 3. – S. 136-141.
SOCIOLOGY AND LAW
USTINOVA Oxana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SOCIAL WELL-BEING OF THE POPULATION OF RURAL SETTLEMENTS
The article presents the results of questionnaire surveys conducted in rural settlements in the south of the Tyumen region over the past nine years by scientists from the Tyumen Industrial University. The results of the research confirm that in the studied areas, throughout the years of research, positive moods among the population remain, which affects the social well-being of rural residents.
Keywords: Tyumen region, rural settlements, rural residents, expectations and needs of the population, social well-being.
Reference bibliographic list
1. Kovrov V. F., Kinchagulova M. V. The impact of the pandemic on the socio-political situation: assessments of rural residents // Eurasian Law Journal. – 2021. – No. 7 (158). – S. 471-472.
2. Khairullina N. G. Russian civil society: regional aspect // Eurasian legal journal. – 2020. – No. 4 (143). – S. 375-376.
3. Khairullina N. G. Rural community about the socio-economic situation in modern conditions // Koinon. – 2022. – V. 3. – No. 2. – S. 204-214.
4. Khairullina N. G. The role of sociological research in the activities of the heads of rural settlements / In the collection: Expert institutions in the XXI century: principles, technologies, culture. Collection of scientific papers. Scientific editor T. I. Grabelnykh. – Irkutsk, 2022. – S. 136-138.
SOCIOLOGY AND LAW
YAKUPOVA Gulnara Aidarovna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
GABDRAKHMANOVA Liana Nilevna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
VALITOVA Nika Eduardovna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
GAREEV Eduard Sagidullovich
Ph.D. in science philosophical, professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
MINKOVICH Alexander Mikhaylovich
magister student of the Ufa University of Science and Technology
ADVANTAGES AND DISADVANTAGES OF THE BLOGOSPHERE IN MODERN RUSSIA
The article examines the state of the blogosphere in Russia and its legal regulation, analyzes statistics on the activity of the audience on the Internet, estimates the pace of development of Internet communications in modern Russia. The conclusion is made about the disadvantages and advantages of blogging as a phenomenon in the mass communications system and the concepts of “journalist” and “blogger” are distinguished.
Keywords: blogs, journalists, Internet communication.
Reference bibliographic list
1. Statistics from Technorati.com: State of the Blogosphere. 2008. [Electronic resource]. – Access mode: http://technorati.com/blogging/state-of-the-blogosphere/, Yandex. [Electronic resource]. – Access mode: http://blogs.yandex.ru and Interworldstats. [Electronic resource]. – Access mode: http://www.internetworldstats.com/stats.htm.
2. Pak E. M. Blogs in the system of creative activity of a journalist // Bulletin of St. Petersburg State University. 2011. Ser. 9. Issue. 2. S. 283.
3. Baranova M. V., Fotieva I. V. Blogosphere in the system of mass communication in Russia and the USA: thematic field and social functions. Media Research. 2015. No. 2. 123 p.
4. Gareev E. S., Valitova N. E., Galiev G. T., Gimaev G. Z., Patrushev V. I. Man and society: problems of social technology. Ufa, 2017.
5. Valitova N. E., Gabdrakhmanova L. N., Gareev E. S., Cheremiskin A. A., Yakupova G. A. Communication interaction of authorities with the media // Kazanskaya Science. 2020. No. 12. S. 38-40.
ECONOMY. RIGHT. SOCIETY
GRIN Daniil Mikhaylovich
postgraduate student of the Financial University under the Government of the Russian Federation
STUDY ON CORRUPTION EFFECTS ON THE RUSSIAN ECONOMIC GROWTH
The article reveals the real situation of the economy of the Russian Federation. The authors show the negative impact of corruption on economic activity and the economy as a whole. The need to counter bribery is emphasized and commercial bribery is also mentioned.
Keywords: corruption, bribery, commercial bribery, economic activities.
Reference bibliographic list
1. Pylaeva T. How does corruption affect the sustainability of economic growth? // Baltic region. 2011. No. 4. S. 49-59.
2. Kuznets S. Economic growth and income quality // The American Economic Rewiew. 1955. Vol. 45. No. 1. S. 1-28.
3. Knyazeva IV Antimonopoly policy in Russia: textbook. permission. M.: Omega-L, 2011. 505 p.
4. Damtoft R. Competition promotion, awareness raising and economic development // Dokl. in the intern. conf. on competition under the auspices of the BRIC. Kazan, 2009.
5. Simagina OV. State management of economic dynamics: monograph. Novosibirsk: SibAHS, 2006. 224 p.
6. Tregub Iv. Methods of visualization of model studies. Saarbrücken, 2013.
7. Tregub I. V. Econometrics. Model of a real system, M.: 2016.
8. Tregub I. V., Tregub A. V. Mathematical and computer models of pricing in a competitive market // Bulletin of the Moscow State Forest University – Forest Bulletin. 2008. No. 4. S. 152-159.
9. Tregub A. V., Tregub I. V. Methods of forecasting the main indicators of the development of industries in the Russian economy // Bulletin of the Moscow State University of Forests – Forest Bulletin. 2014. V. 18. No. 4. S. 231-236.
10. Tregub I. V., Tregub A. V. // Application of cointegration analysis to study the mutual influence of financial time series // Fundamental research. 2015. No. 8-3. pp. 620-623.
ECONOMY. RIGHT. SOCIETY
KARPOV Andrey Andreevich
manager of the II category of the Analytics Department, the State autonomous institution of the Volgograd region “My business”
ECONOMIC AND LEGAL STATUS OF THE REGION IN THE SYSTEM OF STATE MAN-AGEMENT OF SPATIAL DEVELOPMENT OF RUSSIA
The article considers the economic and legal status of the Russian regions in the system of state management of the spatial development of the country; the determinism of the application to the allocation of the region of administrative-territorial criterion is substantiated; the content and manifestation of the economic status of the region and its relationship with the legal one is revealed; the legal status of the region is proposed to be considered additively from two elements (general and current legal statuses); the normative and legal acts regulating the management of regional development in Russia are divided into groups according to the spheres of regulation; the problem of inharmonious legal regulation of regional development management is illus-trated.
Keywords: region, legal status of the region, economic status of the region, economic and legal status of the region, regulatory regulation of regional development.
Reference bibliographic list
1. Ageeva Yu. V. Constitutional and legal status of the subjects of the Russian Federation // International Journal of the Humanities and Natural Sciences. – 2020. – No. 6-2. – S. 153-155.
2. Animitsa E. G. Regional policy: essence, main goals, problems // Economics of the region. – 2005. – No. 1. – S. 7-19.
3. Karpov A. A. Features of the inclusive development of the region // XVII Annual Youth Scientific Conference “Science and Technologies of the South of Russia”: abstracts. – Rostov-on-Don: Publishing House of the YuNTs RAS, 2021. – P. 151-151.
4. Karpov A. A. Management of the socio-economic development of the region from the position of ensuring its economic security // Strategies for ensuring the economic security of Russian regions: materials of the III All-Russia. (national) conf. – Volgograd: VolGU Publishing House, 2022. – S. 104-110.
5. Karpov A. A. Factors of balanced regional development // Development of the knowledge system as a key condition for scientific progress: a collection of scientific papers. – Kazan, 2022. – S. 32-36.
6. Lebedev V. A. Constitutional and legal status of subjects of the Russian Federation // Bulletin of the Chelyabinsk State University. – 2012. – No. 1 (255). – S. 5-12.
7. Novoselov A. S., Marshalova A. S. Formation of the modern system of regional and municipal management // All-Russian economic journal ECO. – 2019. – No. 8 (542). – S. 83-102.
8. Tatarkin A. I., Animitsa E. G. Formation of the paradigm theory of regional economy // Economy of the Region. – 2012. – No. 3. – S. 11-31.
9. Shekhovtseva L. S. Conceptual foundations of strategic management of the development of the region // Bulletin of the Murmansk State Technical University. – 2006. – T 9. – No. 4. – S. 690-693.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management (UHSEM) of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of Water supply and sanitation sub-faculty of the Ufa State Petroleum Technological University
MUSTAFINA Alsu Ilshatovna
bachelor of the Ufa State Petroleum Technical University
DANILOV Nikita Valerjevich
bachelor of the Ufa State Petroleum Technical University
ENERGY-SAVING MEASURES IN THE VENTILATION SYSTEM
This article aims to study energy-saving measures in the ventilation system and their economic feasibility of use. In order to create superiority in terms of the uniqueness of the product, a ventilation system was analyzed, where in fans, namely in electric motors, electricity will be generated by energy from solar panels [5]. Such a system is the most energy-saving, since solar energy is used, and it is economically more efficient than if electricity was supplied from the grid. Nevertheless, such an installation had disadvantages such as insufficient solar energy to ensure the normal operation of the entire system in the Russian climate due to the fact that there are few sunny days in the northern regions of the Russian Federation [9].
For a more complete study of the competitiveness of the use of solar panels as an alternative energy source, a comparative characteristic between electric motors and solar-powered engines is presented, namely, an analysis of prices and their main advantages and disadvantages are shown. As a result of this analysis, the strengths and weaknesses of the proposed installation and their ability to withstand competition in the market were identified.
Keywords: energy saving, solar panels, alternative heat sources, economic feasibility of use.
Reference bibliographic list
1. Gafizov O. F., Syundyukova D. R., Klyavlin M. S. Influence of alternative energy sources on the heat supply of civil and industrial buildings. Water supply, sanitation and environmental protection systems: Articles and abstracts. – 2021. – S. 120-132
2. GOST R 51387-99 Energy saving. Regulatory and methodological support. Basic provisions.
3. Dmitriev A. N., Tabunshchikov Yu. A., Kovalev I. N., Shilkin N. V. Guidelines for assessing the economic efficiency of investments in energy-saving measures. – M.: AVOK-PRESS, 2005. – 120 p.
4. Kupshinov Yu. Z. Energy saving in the system of ensuring the microclimate of buildings. – M.: ASV, 2010. – 300 p.
5. Klyavlin M. S., Khalfina D. A., Talipov R. A. Design of ventilation systems taking into account the influence of air permeability of enclosing structures // Electronic scientific journal Oil and gas business. – 2020. – No. 2.
6. Price list for installation. [Electronic resource]. – Access mode: https://promelvent.ru/uslugi/prajs-list-na-montazh/
7. The cost of an autonomous power supply system with solar panels. [Electronic resource]. – Access mode: https://www.solarhome.ru/solar/pv/tsena-srednej-solnechnoj-elektrostantsii./
8. Federal Law of the Russian Federation No. 261-FZ dated November 23, 2009 “On Energy Saving and Energy Efficiency Improvement, and on Amendments to Certain Legislative Acts of the Russian Federation”.
9. Yusupov D. D., Talipov R. A., Klyavlin M. S. Energy-saving measures during the operation of heat exchange equipment for hot water supply // Water supply, water disposal and environmental protection systems. – 2020. – S. 239-244.
10. Raiser Yu. S., Martyasheva V. A. Ventilation of a public building: a teaching aid for the implementation of a course project and independent work on the discipline “Ventilation” for students in the direction 08.03.01 “Construction” / UGNTU, department. VV. – Ufa: UGNTU, 2018.
ECONOMY. RIGHT. SOCIETY
MEHDIYEV Seymour Tajaddin ogly
magister student of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
SULEYMANOVA Failya Khalimovna
magister student of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
BONDARENKO Alexander Viktorovich
Ph.D. in science philosophicals, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
ADVERTISING PRODUCTS OF THE BANKING SECTOR
Staying relevant in the financial industry is no easy task. Especially given the accelerated digital transformation that is currently shaping financial services. Even the best banking advertising ideas follow certain principles such as conveying trust, humanizing the brand, and explaining key features/benefits. Advertising performs two main functions in the banking sector: to attract customer deposits; and attract borrowers and users of other banking services. In the face of ever-increasing competition in the banking environment, advertising helps to create a powerful image and trust in the bank, on the one hand, and gives confidence to customers, on the other hand). It is therefore clear that advertising remains a persuasive and intrusive socio-economic tool for influencing consumer behavior.
Keywords: banking sector, financial advertising, advertising strategy, promotion of banking products, PR strategy.
Reference bibliographic list
1. Role of Advertisement in the Banking Sector: Analysis of Some Selective Case Studies from UK and Lessons for Banks in Bangladesh // ResearchGate. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/280136455_Role_of_Advertisement_in_the_Banking_Sector_Analysis_of_Some_Selective_Case_Studies_from_UK_and_Lessons_for_Banks_in_Bangladesh (Accessed: 12/25/2022).
2. Bakulina A. A., Sokolova E. S. Study of the world and domestic experience in managing the processes of diversification of defense industry enterprises in the digital economy // National Security / Nota bene. – 2019. – No. 5. – S. 1-9.
3. What Is the Importance of Advertising? (Plus Definition and Tips) // Indeed. [Electronic resource]. – Access mode: https://www.indeed.com/career-advice/career-development/importance-of-advertising (accessed 12/27/2022).
4. Yarovova T. V., Stepanov A. A., Savina M. V. Creative-authorized distance learning: theory, methodology, practice // Pedagogical education and science. – 2020. – No. 3. – S. 150-155.
5. Marketing of banking services // Encyclopedia of marketing. [Electronic resource]. – Access mode: https://emjume.elpub.ru/jour/article/view/677 (date of access: 12/27/2022).
6. Umarov Kh. S. The role of fintech start-ups in modern society // Finance and credit. – 2021. – T. 27. – No. 8 (812). – S. 1911-1930.
7. Arzhaev F. I. Regional Comprehensive Economic Partnership as a Tool for Reducing the North-South Problem in the Asian Region: Present and Future // Eurasian Law Journal. – 2019. – No. 2 (129). – S. 435-438.
8. Mikrina VG The role of the international labor organization in the protection and promotion of human rights // Eurasian Law Journal. – 2018. – No. 11 (126). – S. 165-169.
9. Bondarenko A. V., Lukiyanov M. Yu. Evolution of anti-corruption legislation in Russia (social and philosophical analysis) // Eurasian legal journal. – 2014. – No. 10 (77). – S. 213-215.
10. Valiev E., Veysov E. Banking marketing: features, new trends and prospects // Economics and management. – 2019. – No. 7. – S. 83-88.
ECONOMY. RIGHT. SOCIETY
POPOVA Yuliya Alexandrovna
senior lecturer of the Financial University under the Government of the Russian Federation
THE PROBLEM OF DETERMINING THE DISCOUNT RATE FOR ACCOUNTING FOR LEASE TRANSACTIONS ACCORDING TO FSB 25/2018
In 2022, the adoption of the mandatory use of FSB 25/2018 in order to account for lease transactions raises a number of methodological issues related to the determination of the discount rate. The relevance of the study is determined by the need for a theoretical and methodological analysis of the problem of determining and calculating the discount rate to account for future payments on lease transactions. The object of research is accounting objects provided for a fee for the temporary use of property. The subject of the study is the present value of future payments of the rental item. The purpose of the study is a theoretical description of the methodological tools for determining the discount rate for accounting for lease transactions according to FSB 25/2018. Research results: 1. The category of the non-guaranteed liquidation value of the rental item is considered; 2. The category of the fair value of the lease is considered; 3. The formalized form of the considered categories of economic knowledge in the form of calculation formulas is presented; 4. The difference in the calculation of the discount rate of the future value of lease payments of the rental item and the liquidation value of the rental item is justified.
Keywords: rental item, accounting, rental payment, annuity, liquidation value, replacement value.
Reference bibliographic list
1. Federal accounting standard FSBU 25/2018 “Accounting for leases”.
2. Popova Yu. A. The problem of assessing the liquidation value for accounting for depreciation // Discussion. – 2022. – No. 2 (111). – S. 70-76. – DOI 10.46320/2077-7639-2022-2-111-70-76. – EDN BDNBGS.
3. Popova Yu. A. The concept of the fair value of fixed assets in accounting practice // Discussion. – 2022. – No. 3 (112). – S. 86-92. – DOI 10.46320/2077-7639-2022-3-112-86-92. – EDN WQEAAT.
ECONOMY. RIGHT. SOCIETY
SHALAGIN Alexander Yurjevich
Ph.D. in economic sciences, chief specialist – expert of the Department of the Social Fund of Russia for the Republic of Bashkortostan
KHARISOVA Karina Rustamovna
student of the 3rd course of the 307B group of the Pediatric Faculty of the Bashkir State Medical University
LATYPOVA Elvira Robertovna
student of the 3rd course of the 320A group of the Medical Faculty of the Bashkir State Medical University
FINANCING OF POST-PANDEMIC HEALTH CARE
The article discusses the financing of medicine in conditions of rather high turbulence of the economy. In the light of recent events related to COVID-19, the healthcare system has not always been ready to respond to the challenges of the time. The pandemic highlighted the importance of providing medical services in new and completely different ways. Serious changes have taken place in healthcare in a fairly short period of time. The medical industry is undergoing many transformations and new technologies require increased funding. Overcoming the problems of the healthcare system will give impetus to new discoveries, positive changes and reaching a completely new level of development, which requires an increase in costs. The paper highlights the sources of funding and targets for the next year, and suggests specific mechanisms for stabilizing the situation. The analysis carried out in the article indicates the need for the dynamics of increasing the financial costs of this area.
Keywords: healthcare, medicine, medical services, financing, budget, rubles, technologies.
Reference bibliographic list
1. Iziliаeva L. O., Kharisova A. Z., Farkhutdinov A. M., Sultanovа L. F. Economic and sociopolitical implications of the COVID-19 pandemic in global energy markets // In the collection: Business 4.0 as a Subject of the Digital Economy. Cham. – 2022. – S. 647-651.
2. Kharisova A. Z., Karachurina G. G., Sharafullina R. R. Modernization of the socio-economic state of Russia: a new economy // Eurasian legal journal. – 2019. – No. 9 (136). -WITH. 395-396.
3. Karachurina G. G., Sadykov R. M., Khalikova E. K. Assessment of the socio-economic welfare of the population of the Russian region // Regional economy: theory and practice. – 2020. – T. 18. – No. 10 (481). – S. 1910-1925.
4. Ulumbekova G. E., Ginoyan A. B., Kalashnikova A. V., Alvianskaya N. V. Health care financing in Russia (2021–2024). Higher School of Organization and Management of Health Care. [Electronic resource]. – Access mode: https://www.vshouz.ru/journal/2019-god/finаnsirovаnie-zdravookhraneniya-v-rossii-2021-2024-gg-/ (date of access: 12/21/2022).
5. Dmitry K., Borodina M. Medical industry. Legislative activity support system. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/ (accessed 12/19/2022).
6. Finances of medical institutions. [Electronic resource]. – Access mode: https://finance-credit.news/osnovyi-finansov-ekonomika/finansyi-meditsinskih-uchrejdeniy-55025.html (date of access: 12/20/2022).
ECONOMY. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty of the Tyumen Industrial University
CHUMLYAKOVA Darya Vladimirovna
Ph.D. in Economical sciences, associate professor of Economics and production organization sub-faculty of the Tyumen Industrial University
FORMATION OF A PORTFOLIO OF STRATEGIES FOR THE INTERNATIONALIZATION OF TRANSPORT INFRASTRUCTURE
The article is dedicated to the development of a mechanism for strategizing the development of international transport infrastructure. The process of forming a portfolio of alternative strategies for the internationalization of transport infrastructure is presented. This process includes a series of sequential steps (or activities), such as conducting an analysis; formulation of goals, objectives and scenarios; building a matrix; formation of a portfolio of strategies; organization, adoption and control of the implementation of decisions, summing up and evaluating the results. The list of characteristics focused on the internationalization of transport infrastructure is determined to search for development trajectories.
Keywords: internationalization, international transport infrastructure, international transport corridors, integration.
Reference bibliographic list
1. Kizim A. A. Internationalization of transport as a prerequisite for the development of world trade // Transport Bulletin. – 2016. – No. 1. – S. 23-26.
2. Nekhoroshkov V. P. Internationalization of the transport complex as a factor in Russia’s integration into the world economy: dis. … doc. economy Sciences: 08.00.14 / Lomonosov Moscow State University. – Moscow, 2015. – 459 p.
3. Transport strategy of the Russian Federation until 2030 with a forecast for the period up to 2035. Approved by order of the Government of the Russian Federation dated November 27, 2021 No. 3363-r // Government of Russia. Official site. – [Electronic resource]. – Access mode: http://static.government.ru/media/files/7enYF2uL5kFZlOOpQhLl0nUT91RjCbeR.pdf (date of access: 05/24/2022).
4. Gavaev A. S., Yarkov S. A., Chikishev E. M., Chumlyakov K. S. Transport systems and terminal complexes: Textbook. – Tyumen: Tyumen industrial university, 2020. – 92 p.
5. Chumlyakov K. S. Methodological approach to the development of international transport infrastructure in the context of the internationalization of world economic relations // Development of territorial socio-economic systems: theory and practice: Proceedings of the XVII International Scientific and Practical Conference of Young Scientists, Yekaterinburg, March 11-12, 2020 year, 2020. – S. 204-207.
6. Chumlyakov K. S. Internationalization of the national transport infrastructure in conditions of uneven spatial development // Eurasian legal journal. – 2020. – No. 5 (144). – S. 447-449.
7. Knight J. Internationalization of Higher Education Practices and Priorities. – Paris: International Association of Universities (IAU), 2003.
ECONOMY. RIGHT. SOCIETY
BRONDZ Vadim Anatoljevich
postgraduate student of the Ufa State Petroleum Technical University
THEORETICAL PREREQUISITES FOR THE FORMATION OF AN INNOVATIVE ENTERPRISE ENVIRONMENT
In the conditions of modern trends, the driving force of socio-economic development is innovation, which determines the scenarios of innovative development of society. The article presents theoretical studies of innovation and economic development, analyzes well-known approaches to the classification of innovations, identifies and reveals the main factors contributing to the transition of an enterprise to an innovative economy. The evaluation of the variants of the functioning of the innovative sphere of the enterprise, proposed by scientists, is given and the author’s innovative digital version of the functioning of the innovative sphere is proposed, complementing any of the available options in order to obtain a synergetic effect. In conclusion, the definition of the innovative environment of the enterprise is given.
Keywords: innovations, innovations, innovative development, innovative sphere, innovative environment, digital economy, information.
Reference bibliographic list
1. Schumpeter J. Theory of economic development. – M.: Progress, 1992. – 286 p.
2. Mensch G. Das Technologische Patt: Innovationen überwinden die depression. Frankfurt am Main: Umschau. – Verlag, 1975. – 115 p.
3. Zavlin P. N., Vasiliev A. V. Evaluation of the effectiveness of innovations. – St. Petersburg: Publishing House “Business Press”, 1998. – 2016 p.
4. Oslo leadership. Recommendations for collecting and analyzing data on innovation. 3rd ed. Per. from English. – M.: TsNIS, 2010. – 107 p. Oslo manual: Guidelines for collecting and interpreting innovation data. 3rd ed. – Paris: OECD/European Communities Publ., 2005. – 164 p. (Russ. ed.: Rukovodstvo Oslo. Rekomendatsii po sboru i analizu dannykh po innovatsiyam. 3rd izd. – Moscow: Center for Science Research and Statistics Publ., 2010. – 107 p.).
5. Innovative development: economics, intellectual resources, knowledge management / Ed. B. Z. Milner. – M.: INFRA – M., 2010. – 624 p.
6. Valinurova L. S., Leibert T. B., Khalikova E. A. Innovative approaches to corporate financial management in business systems // In the collection: The 21st Century from the Positions of Modern Science: Intellectual, Digital and Innovative Aspects. – Cham, 2020. – S. 83-95.
7. Leibert T. B., Tretyakov K. A. Modeling management of innovative processes of enterprise development // Audit and financial analysis. – 2014. – No. 1. – P. 276-283.
8. Kondratiev N. D. World economy and its conjuncture during and after the war. – Vologda: Region. department of state publishing house, 1922. – 258 p.
ECONOMY. RIGHT. SOCIETY
GALIMNUROV Albert Fidailovich
postgraduate student of the Ufa State Petroleum Technical University
INNOVATIVE FACTORS OF TRANSITION FROM THE POST-INDUSTRIAL TO THE DIGITAL ERA OF SOCIETY DEVELOPMENT
The article discusses the conceptual and fundamental foundations of the formation of the theory of innovation. A meaningful characteristic and assessment of the contribution of scientists to the formation and development of the theory of innovation and innovative development is given. Innovations of the newest stage of economic development are considered. The dominance of information and digital innovations in the transition of society from the post-industrial to the digital era has been identified and determined. The definition of information content innovation is given. Digital and intellectual factors of innovative development are also identified.
Keywords: innovation, economic innovation, innovation activity, cycle, digital innovation, intellectual resources, innovative factors, post-industrial society.
Reference bibliographic list
1. Schumpeter J. Theory of economic development. M.: Progress, 1992. 286 p.
2. Kondratiev N. D. World economy and its conjuncture during and after the war. Vologda: Region department of state publishing house, 1922. 258 p.
3. Tugan-Baranovsky M. I. Periodic industrial crises: History of English crises. General theory of crises. 3rd, perfect. revised ed. St. Petersburg: O. N. Popova Press, 1914. 466 p.
4. Jansen F. The era of innovation. M: INFRA – M, 2002. 308 p.
5. Kuznets Modern economic growth: result Data from research and reflection. Nobel lecture // Nobel laureates in economics: a view from Russia. Ed. Yu. V. Yakovets. St. Petersburg: Humanistics, 2003 p.
6. Yakovets Yu. V. M., Kuzyk B. N. Civilizations: theory, history, dialogue, future. M.: Institute of Economic Strategies, 2006. T. I: Theory and History of Civilizations. 768 p.
7. Kuzyk B. N., Yakovets Yu. V. Russia-2050: the strategy of an innovative breakthrough. Moscow: Economics, 2005. 624 p.
8. Kuzyk B. N., Yakovets Yu. V. National strategy of innovation breakthrough // Economics and management. 2006. No. 5. S. 2-8.
9. Dontsova O. I., Logvinov S. A. Innovative economy: strategy and formation tools: textbook. allowance. M.: Alpha – M: INFRA – M, 2019. 208 p.
10. Belenkova O. A., Vanchukhina L. I., Leybert T. B. Innovative culture: nature, structure, implementation // In the collection: 5th International Multidisciplinary Scientific Conference on social sciences and arts SGEM 2018. Conference proceedings. 2018. S. 531-538.
ECONOMY. RIGHT. SOCIETY
DOLDA Nataliya Ivanovna
postgraduate student of International business and customs sub-faculty of the G. V. Plekhanov Russian University of Economics
PROSPECTS FOR THE INTERNATIONALIZATION OF RUSSIAN SMALL AND MEDIUM ENTERPRISES USING INTERNET TRADING PLANTS
The article discusses the entry of Russian small and medium-sized enterprises into foreign markets, which is associated with a number of barriers. Using marketplaces, companies have the opportunity to internationalize their activities and maximize profits with fewer costs and risks. However, access to foreign markets through online trading platforms has its own characteristics.
Keywords: small and medium enterprises, online trading platforms, internationalization, marketplace, e-commerce, international market.
Reference bibliographic list
1. Dolda N. I. Analysis of factors preventing the internationalization of Russian small and medium enterprises. // Bulletin of the Russian Economic University. G. V. Plekhanov. Introduction. Path to science. – 2022. – No. 2 (38).
2. Kordina I. V., Kruchinin I. S., Stepanova V. A. Strategic alternatives for marketplaces in the internationalization of activities // Baikal Research Journal. – 2022. – No. 1.
3. Morozenkova O. V. New opportunities for the development of Russian export-oriented enterprises of small and medium business // Russian Foreign Economic Bulletin. – 2021. – No. 6.
4. National store of Russian food products on the intra-Chinese site Tmall.com. – [Electronic resource] – Access mode: http://www.ric46.com/news/natsionalnyy-magazin-rossiyskikh-pishchevykh-tovarov-na-vnutrikitayskoy-ploshchadke-tmall-com/ (date of access: 11/22/2022).
5. Russian export center. Encyclopedia of the exporter. – [Electronic resource] – Access mode: https://www.exportcenter.ru/international_markets/classification/ (date of access: 11/22/2022).
6. Progunova L. V., Petrov D. M. Barriers for the development of electronic commerce // Trade of the future: Challenges of the time, concepts, strategies and development models. – 2022.
ECONOMY. RIGHT. SOCIETY
YANTUDIN Artur Nurullovich
magister student of the Ufa State Petroleum Technical University
KIREEVA Olga Alexandrovna
associate professor of corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
COMPETITION AS A VECTOR OF THE DEVELOPMENT OF THE CORPORATE R&D COMPLEX OF A VERTICALLY INTEGRATED OIL AND GAS PRODUCING COMPANY
This article proposes a vector for the development of the corporate research and development complex of a vertically integrated oil and gas company PJSC Rosneft based on internal competition in order to increase labor productivity, reduce project costs and encourage design institutes to improve the quality and diversity of research and design projects works.
Keywords: corporate research and development complex, project approach, competition.
Reference bibliographic list
1 Frolkis V. A., Chernov A. V., Chernov V. P. Project management. – St. Petersburg: Publishing House of St. Petersburg State University of Economics, 2019. – 349 p.
2 Timashev E. O., Pavlov V. A., Ugryumov O. V., Korkin A. M., Arzhilovsky A. V. Specialization of design and scientific competencies as a competitive advantage of the Rosneft company // Oil Industry. – 2020. – No. 11. – P. 8-12.
3 History of KNPK, Rosneft official website. [Electronic resource]. – Access mode: https://www.rosneft.ru/Development/knpk/Istorija_KNPK
4 Porter M. Competition / Per. from English. – M.: Williams Publishing House, 2000. – 495p.
PHILOSOPHY. RIGHT. SOCIETY
KOSTINA Olga Viktorovna
Ph.D. in science philosophicals, associate professor, professor of Philosophy sub-faculty of the Saratov State Law Academy
SHUGUROV Mark Vladimirovich
Ph.D. in science philosophicals, associate professor, professor of Philosophy sub-faculty of the Saratov State Law Academy
THE MYSTICAL COMPONENT OF M. HEIDEGGER’S ONTOLOGICAL SEARCH: DIRECTIONS AND RESULTS OF INTERDISCIPLINARY SYNTHESIS
This study analyzes the causes and consequences of M. Heidegger’s appeal to religious-mystical motives within the framework of the formation and development of his unique version of philosophical ontology. The authors substantiate that interdisciplinarity, which involves the synthesis of philosophical questions about being, on the one hand, and the experience of religious-mystical quests, on the other, in the person of M. Heidegger, led to the interweaving of philosophical and religious mysticism, but did not lead to the loss of the philosophical discipline of his creativity. Particular attention in the article was paid to another direction of interdisciplinary synthesis, namely the philosopher’s penetrating attention to the poetic word, which also contains mystical intentions.
Keywords: religious-mystical experience, fundamental ontology, philosophical mysticism, European metaphysics, apophaticism, metaphysics, poetic word.
Reference bibliographic list
1. Avanesov S. S. The mystical aspect of the Orthodox Christian religious experience // Ideas and ideals. – 2012. – No. 4. – P. 75-83.
2. Bespechansky Yu. V. The influence of M. Heidegger on the later philosophical work of S. L. Frank. The concept of Dasein by M. Heidegger and its significance for modern philosophical thought // Bulletin of SUSU. – 2008. – No. 21. – P. 122-128.
3. Konacheva S. Religious Phenomena in the Perspective of the Question of Being: Heidegger’s Interpretation of Hölderlin’s Poetry as a Phenomenology of the Sacred // Logos. – 2010. – No. 5. – S. 43-54.
4. Konacheva S. Philosophical mysticism as a transformative philosophy: Martin Heidegger and Vladimir Lossky // Heidegger and Russian philosophical thought: a collective monograph / Ed. editor Yu. M. Romanenko. 2nd ed. – St. Petersburg: RKhGA Publishing House, 2021. – 383 p.
5. Rad-Hassan S. M. The influence of M. Heidegger’s work on the philosophical views of S. Frank // Yaroslavl Pedagogical Bulletin. – 2015. – No. 3. – P. 274–277.
6. Ruin X. Becoming Free for Beings: On the Concept of Gelassenheit as the Ethics of Thinking by Eckhart and Heidegger // Factuality and the Event of Thought. Sat. scientific tr. / ed. T. Shchitsova V. Furs. – Vilnius: YSU, 2009. – 280 p.
7. Heidegger M. About poets and poetry: Hölderlin. Rilke. Trakl / Comp., trans. with him. N. Boldyreva. – M.: Aquarius, 2017. – 240 p.
8. Heidegger M. Provision on the foundation. Articles and fragments / Per. from German, glossary, afterword by O. A. Koval, foreword by E. Yu. Sivertsev. – St. Petersburg: Aleteyya, 2000. – 290 p.
9. Heidegger M. Conversation on a country road: Collection: trans. with him. / Ed. A. L. Dobrokhotova. – M.: Higher school, 1991. – 192 p.
10. Shugurov M. V., Duplinskaya Yu. M. Apophatic model of S. L. Frank’s philosophy of religion and Christian religious and mystical experience: foundations and results of interdisciplinary synthesis // Philosophical Thought. – 2022. – No. 1. – S. 34-72.
11. Pöggeler O. Sein und Nichts. Mystische Elemente bei Heidegger und Celan // Zu dr Hin. Über mystische Lebenserfahrung von Meister Eckahrt bis Paul Celan. Frankfurt am Main: Verlag, 1987. – P. 270-307.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSCHUK Alexey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
RUSSIA AND THE WORLD: COGNITIVE AND SEMANTIC OPERATORS OF THE FUTURE
One aspect of the cognitive confrontation between different systems is the translation of ideas about the best form of global sustainability, governability and security. The U.S. has created an image of a successful liberal democracy, a society of opportunity, a shining city upon a hill where dreams come true. For Russia, it is fundamentally important to formulate long-term values, ideals and meanings. After all, the USSR collapsed primarily as a consequence of the depletion of ideological resources and value reference points. What new words does Russia formulate? What image of the future does it offer?
Keywords: psychological operations, information policy, philosophy of communication, cognitive warfare, special military operation (SMO).
Reference bibliographic list
1. O. N. Barabanov. The role of history in V. V. Putin’s foreign policy strategy. Bulletin of MGIMO University. 2016. No. 1 (46). pp. 84-92.
2. Dugin A. G. Noomachia. Mind Wars. Border civilizations. Moscow: Academic Project, 2014. 696 p.
3. Kalyuga A. A. Chinese themes in Vladimir Putin’s speeches at the final plenary sessions of the Valdai International Discussion Club (2012-2020) // 30 years without the Union: losses, successes, prospects. Irkutsk: IGU, 2021, pp. 89-94.
4. Kiva A. V. China and Russia: different models of reforms – different results // World of Changes. Moscow: IV RAN, 2009, pp. 38-52.
5. Lukin A. V. The theory of universal racism – a new version of American cultural dominance // Russia in global politics. 2020. No. 5 (105). pp. 119-136.
6. Timoshchuk A. S. Putin’s Russia as an emergent project // Uchenye zapiski: scientific and practical journal (VF RANEPA). 2018. No. 1 (25). pp. 78-81.
7. Timoshchuk A. S. Philosophy of V. V. Putin as a confrontation with political hype // Actual problems of the humanities and socio-economic sciences. 2019. T. 13. No. 3 (64). pp. 122-127.
8. Timoshchuk A.S. Putin’s philosophy as a national philosophy of adequacy // Bulletin of the Kama Social Institute. 2019. No. 1 (82). pp. 185-192.
9. Shtol V., Zadokhin A. Rivalry of the great powers in the context of civilizational development // Scientific and analytical journal Obozrevatel – Observer. 2019. No. 1 (348). pp. 5-20.
10. Shtol V., Zadokhin A. USA – the origins and limits of American imperialism // Scientific and analytical journal Obozrevatel – Observer. 2018. No. 7 (342). pp. 5-16.
11. Tong L. Will China become a world leader? // Skif. 2019. No. 4 (32). C. 435-447.
PHILOSOPHY. RIGHT. SOCIETY
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in science philosophicals, associate professor of Humanitarian and social-economic disciplines Crimean branch of the Krasnodar University of the MIA of Russia
EXTREMISM AND TERRORISM: FROM THOUGHT TO ACTION
This article discusses two phenomena of the modern socio-cultural space “extremism” and “terrorism” from the position of internal (thought) in relation to the first and external (action) “terrorism”. Since in the modern world there is often a substitution of concepts in relation to the phenomena under study, the relevance of the idea presented in the article is very high. For the possibility of countering these manifestations of the modern world, the issue of separating and delimiting these phenomena both at the level of the conceptual apparatus and from the point of view of modern legislation is extremely important. Only by determining what each of these phenomena is based on will make it possible to more effectively counter them and increase the level of ensuring the national security of the Russian Federation.
Keywords: extremism, terrorism, extremality.
Reference bibliographic list
1. Konopleva A. A. Transformation of communicative interaction in the space of information and telecommunication networks // Scientific research and development. Modern communication science. – 2021. – V. 10. No. 5. – S. 64-69.
2. Konopleva A. A. The role of intercultural conflicts in the development of extremism and terrorism (on the example of the experience of the Russian Federation and the Republic of Crimea) // In the book: Countering extremism and terrorism in the Crimean Federal District: problems of theory and practice Crimea, 2015. – P. 64-75.
3. Nikitina L. N. Pokemon go: mass character as a result of the impact of emotional infection and imitation, resulting threats to law and order and public safety // Scientific Review. Series 2: Humanities. – 2016. – No. 4. – S. 47-55.
4. Chudina N. V. Homo extremality – a man of the XXI century // Uchenye zapiski Taurida National University named after V. I. Vernadsky. Series: Philosophy. Culturology. Political science. Sociology. – 2014. – T. 27. – No. 1-2 (66). – S. 99-104.
5. Federal Law No. 35-FZ of March 6, 2006 on combating terrorism. Revision dated 05/26/2021.
PHILOSOPHY. RIGHT. SOCIETY
KHAZIPOVA Evelina Rifovna
magister student of the 2nd year of study of the Faculty of Philosophy and Sociology of the Bashkir State University
THE ROLE OF BELIEFS ABOUT THE WORLD AND VALUES AS BEHAVIORAL DETERMINANTS OF MODERN YOUTH
This article presents a theoretical analysis of the problem of the interdependence of personal beliefs about the world and values with the demonstrated behavior of the younger generation. The author also presents the results of his own study among students of Bashkir State University in order to confirm the hypothesis that worldview attitudes are predictors of behavior among today’s youth.
Keywords: youth, worldview, values, beliefs, motivation, behavioral stereotypes.
Reference bibliographic list
1. Leontiev D. A. From social values to personal ones: sociogenesis and phenomenology of value regulation of activity // Bulletin of the Moscow University. Psychology. – 1996. – No. 4. – S. 35-41.
2. Shabalovskaya M. V. Axiological aspect of the development of the activity of modern students // Vestnik TSPU. – 2009. – No. 6. – P. 81-85.
3. Shamionov R. M., Bocharova E. E., Nevsky E. V. The role of values in youth commitment to various types of social activity // Social psychology and society. – 2022. – No. 1. – P. 124-141.
4. Rokeach M. Understanding human values: Individual and societal. – New York: Free Press, 1979. – 302 p.
PHILOSOPHY. RIGHT. SOCIETY
KHISMATULLIN Sergey Alexandrovich
postgraduate student of the 3rd year of study of the Faculty of Philosophy and Sociology of the Ufa University of Science and Technology
FEATURES OF THE POLITICAL CONSCIOUSNESS OF YOUNG PEOPLE
The article highlights the actual problems of the peculiarities of the political consciousness of young people, the problems of its formation in the conditions of modern society. In the modern world, one can face the low quality of the work of the institutions of political socialization, which requires the actualization of this problem in society for the further development of the country’s political activity. It is necessary to direct and integrate the innovation ve potential of young people for development of our country.
Keywords: political consciousness, youth, political socialization, political parties, political activity, development, society.
Reference bibliographic list
1. Zubok Yu. A., Sorokin O. V. Formation of the political consciousness of the Russian youth and the contradictions that cause it // Sociology of power. – 2010. – No. 4.
2. Ignatova T. V. Political activity as the main form of political participation of Russian youth // Izvestiya TulGU. Humanitarian sciences. – 2016. – No. 1.
3. Kesaeva Zh. E., Eloev A. A. Youth political parties and their functions in the structure of civil society // Caspian region: politics, economics, culture. – 2020. – No. 3 (64).
4. Rozhkova L. V., Vlazneva S. A., Salnikova O. V., Dubina A. Sh. The attitude of youth towards political institutions: the level of trust and approval // Izvestiya VUZov. Volga region. Social Sciences. – 2022. – No. 1 (61).
5. Titova E. V., Lupandin V. N. Political knowledge: essence, properties, boundaries and limits // Central Russian Bulletin of Social Sciences. – 2019. – No. 4.
PHILOSOPHY. RIGHT. SOCIETY
IKSANOV Radmir Auzagievich
senior lecturer of Economic theory sub-faculty of the Ufa University of Science and Technology, senior lecturer of Humanitarian and natural sciences sub-faculty of the Bashkir Cooperative Institute, senior lecturer of Theory and history of state and law sub-faculty of the Bashkir Institute of Social Technologies
GARIPOV Ravil Kasimovich
Ph.D. in philological sciences, professor of the Bashkir Cooperative Institute (branch) of the Russian University of Cooperation
ILYASOV Radik Ravilovich
Ph.D. in science philosophicals, professor of the Bashkir Cooperative Institute (branch) of the Russian University of Cooperation
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF LAND EASEMENTS
The article examines the phenomenon of a non-playing person in cognitive discourse. The monitoring of the indicators of secondary and higher education carried out by the authors logically leads to the conclusion that among its many problems, the problem of the achievability of identity authenticity stands out, as far as the subject accepts himself as realized by established models and samples. For a thinking subject, it is not personal success in education that is more obvious, but his failure, his unrealization in the competencies he has mastered, as he believed. The problem of substitution of educational discourse by imitation cannot be solved in the space of a local normative act. The dominant formalized procedures for measuring the result of cognition cannot be accepted as an unconditional criterion of truth.
Keywords: education, philosophy, educational discourse, non-playing person.
PHILOSOPHY. RIGHT. SOCIETY
RAKHMATULLINA Zugura Yaganurovna
Ph.D. in science philosophicals, professor, Head of the Institute of History, Language and Literature of the Ufa Federal Research Center of the Russian Academy of Sciences
KUTLOVA Regina Rashitovna
postgraduate student of the Ufa University of Science and Technology
THE DOMESTIC EDUCATION SYSTEM IN THE CONTEXT OF MODERN INFORMATION CHALLENGES
Changing of the digitalization in all spheres of social activity leads to the emergence of some dialectical contradictions, such as the “digital divide”. It also leads to the low level of information culture and the risk of domestic education being changed. What is required is philosophical reflection and development of practice-oriented models that explain the mechanism of functioning of complex social systems in the conditions of digitalization. It determines the prospects for their development and allow predicting the consequences of management decisions.
Keywords: digital technologies, social activity, digitalization of education, digital divide, information culture, the essence of domestic education, beneficiaries of digitalization, management of digitalization of education.
Reference bibliographic list
1. Wiener N. Cybernetics and society: [collection] / [Trans. from English. In Zhelninov]. Moscow: AST Publishing House, 2019. 288 p.
2. Gorshkova V. V. Problems of education and human life in the context of digital civilization // Man and education. 2020. No. 2 (63). pp. 29-35.
3. Korableva E. V., Muzychenko M. Ya. Information culture as a factor of human identification in the digital space // Civilization – Society – Man. 2018. No. 12. P. 15-16.
4. Kutlova R. R. Essence of domestic education in the conditions of digital transformation of society // Context and reflection: philosophy about the world and man. 2022. Volume 11. No. 4A. pp. 178-182.
5. Paveleva T. Yu. Information culture: concept, content // Socio-political sciences. 2018. No. 5. S. 94-96.
6. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding: monograph / Z. Ya. Rakhmatullina. Ufa: RIC BashGU, 2021. 226 p.
7. Sommer D.S. Moral of the XXI century. M.: Code, 2019 480 p.
8. Shmatkov M. N. Informatization of education from the point of view of social philosophy: methodological aspects / Philosophy of education: Part 1. Problems of modern philosophy of education. 2011. S. 60-66.
REVIEW
USTINOVA Oxana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
PIVOVAROVA Irina Valerjevna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SOCIAL SECURITY: RESEARCH RESULTS
On December 16, 2022, the II International Scientific Conference “Social Security in the Eurasian Space” was held in Tyumen. At the conference, foreign and Russian sociologists presented the results of their research related to social security both in the spiritual sphere and in the areas of demographic, informational, economic, military-political, ethno-cultural security in the face of modern challenges, as well as the security of youth and families.
Keywords: social processes, social security, security threats, geopolitical challenges, security.
GATAULLINA Elina Vinerovna
senior lecturer of International law and international relationship sub-faculty of the Institute of Law of the Ufa University of Science and Technologies, Executive Director of the Committee of the Republic of Bashkortostan for UNESCO
THE NEED TO DEVELOP A LEGAL FRAMEWORK FOR THE PROTECTION OF UNESCO HERITAGE SITES
The purpose of this study is to discuss the main issues related to the legal nature of the obligation to protect geoparks. This problem has become particularly relevant relatively recently, although it arose much earlier. Interest in it, however, is constantly growing, as evidenced by the systematically increasing regulatory framework and numerous monographs devoted to the analysis of many legal institutions for the protection of UNESCO geoparks and sites. This interest is also due to the development of the UNESCO movement and the number of sites inscribed on the UNESCO World Heritage List.
Keywords: UNESCO movement, geopark, law, social and economic development, The World Heritage Convention.
Reference bibliographic list
1. Law of the Republic of Bashkortostan dated September 27, 2022 No. 609-z “On Geoparks in the Republic of Bashkortostan”. – [Electronic resource]. – Access mode: https://npa.bashkortostan.ru/36586/ (date of access: 12/12/2022).
2. Maksakovskiy N.V. Preliminary list of the World Heritage of Russia: history of development, modern composition, ways of optimization // Heritage and modernity. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/predvaritelnyy-spisok-vsemirnogo-naslediya-rossii-istoriya-razvitiya-sovremennyy-sostav-puti-optimizatsii (date of access: 12/20/2022).
3. Sirojiddinov Z., Madatov R. A., Madatov A. Problems of preservation of architectural monuments of Uzbekistan // Synergy. – 2018. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-sohraneniya-arhitekturnyh-pamyatnikov-uzbekistana (date of access: 12/19/2022).
4. Why include cultural heritage sites in the UNESCO lists. – [Electronic resource]. – Access mode: https://www.sb.by/articles/unasledovat-chtoby-sokhranit.html (date of access: 12/12/2022).
INTERNATIONAL LAW
PANOV Philip Yurjevich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
THE RIGHT OF A THIRD STATE TO APPEAL THE RESTRICTIVE MEASURES OF THE EUROPEAN UNION TO THE COURT OF JUSTICE OF THE EUROPEAN UNION. THE EXAMPLE OF VENEZUELA
On June 22, 2021, the Court of Appeal of the European Union in the case C-872/19 P Venezuela v Council overturned the decision of the Court of General Jurisdiction of the EU and still recognized that non-EU states have the right to appeal to the EU courts restrictive measures taken by the institutions of the Union. This decision came as a surprise to the Council of the European Union (the respondent) and the European Commission and a number of member States of the Union supporting its position, who were convinced that the constituent acts of the European Union and, in particular, article 263 of the Treaty on the Functioning of the European Union do not give the court the right to consider claims of third States for the annulment of acts of the Union.
The author examines the rules of jurisdiction of disputes to the Court of the European Union in the category of cases on lifting sanctions and examines the reasons and grounds for which non-EU states were included by the EU Court in the circle of persons capable of challenging the Union’s normative legal acts under Article 263 of the TFEU.
Keywords: Court of the European Union, restrictive measures, sanctions, locus standi, jurisdiction of the dispute, Venezuela.
Reference bibliographic list
1. Alexander K. Economic Sanctions: Law and Public Policy. New York, 2009, p. 359.
2. Glandin S. V. Is it possible to achieve exclusion from the sanctions list of the European Union? // International justice. 2016. No. 2 (18). pp. 46-60.
3. Glandin S. V. – Formation of the constitutional standard for the EU Charter of Fundamental Rights in the practice of the EU court in the category of cases on exclusion from the sanctions lists // Law. 2019. No. 7. P. 120-132.
4. Gudkov I., Mizulin N. “The sanctions war” between the EU and Russia in the light of WTO law” // WTO Law. 2014. No. 2. S. 46-52.
5. Doraev M.G. – Economic sanctions in the law of the United States, the European Union and Russia. M., 2016. S. 206.
6. Ispolinov A.S. Principles of autonomy and priority of EU law as a weapon of the Court of Justice of the European Union in conflict with investment arbitration. Part 1. Achmea case // Russian legal journal. 2021. No. 2 (137). pp. 56-76.
INTERNATIONAL LAW
DROZDOVA Maria Alexandrovna
Ph.D. in Law, associate professor of History, philosophy, political science and sociology sub-faculty of the Emperor Alexander I St. Petersburg State University of Railways
SOROKINA Elena Vladimirovna
Ph.D. in pedagogical sciences, associate professor, senior lecturer of State and legal disciplines sub-faculty of the North-Western branch of the Russian State University of Justice
UDALOVA Darya Viktorovna
senior lecturer of Accounting and auditing sub-faculty of the Emperor Alexander I St. Petersburg State University of Railway Engineering
SUSTAINABLE TRANSPORT: INTERNATIONAL LEGAL ASPECTS
The article deals with topical issues of international legal regulation of the sustainable development of international transport and logistics ecosystems in the context of current trends in the development of international law and new geopolitical challenges that create significant obstacles to the implementation of the global environmental agenda in all areas, including transport and logistics. Taking into account the current socio-economic situation in the world, caused by the introduction of international sanctions and restrictions in international logistics, which led to a change in the paradigm for the development of cross-border cooperation, further formation of the regulation of sustainable transport will take place within the framework of regional cooperation in such organizations as the EAEU, SCO and BRICS.
Keywords: international law, sustainable transport, logistics, transport and logistics ecosystems, sustainable development.
Reference bibliographic list
1. Pokrovskaya O. D. Logistics storage and distribution centers as the basis of the terminal network of the region. – Novosibirsk, 2012. – 184 p.
2. Pokrovskaya O. D. The state of the transport and logistics infrastructure for coal transportation in Russia // Innovative transport. – 2015. – No. 1 (15). – S. 13-23.
3. Pokrovskaya O. D. On the terminology of objects of terminal and warehouse infrastructure. Mir transporta. – 2018. – T. 16. No. 1 (74). – S. 152-163.
4. Pokrovskaya O. D. Logistic class of railway stations // Bulletin of the Ural State University of Communications. – 2018. – No. 2 (38). – S. 68-76.
5. Pokrovskaya O. D. Logistic transport systems in Russia under the new sanctions // Bulletin of the results of scientific research. – 2022. – No. 1. – P. 80-94.
6. On the international experience in the development and implementation of the principles, measures and mechanisms of the “green” economy // Official website of the Eurasian Economic Commission. – 2021. – [Electronic resource]. – Access mode: https://eec.eaeunion.org/upload/medialibrary/b34/Doklad-zelenaya-ekonomika-06.2022.pdf?ysclid=lakqx5esqy42827714 (Accessed: 11/17/2022).
7. The UN Sustainable Development Goals // Official website of the UN. – 2015. – [Electronic resource]. – Access mode: https://www.un.org/sustainabledevelopment/ru/sustainable-development-goals/ (date of access: 11/17/2022).
8. The UN Sustainable Development Goals and Russia // Analytical Center for the Government of the Russian Federation official website. – 2022. – [Electronic resource]. – Access mode: https://ac.gov.ru/files/publication/a/11068.pdf?ysclid=lajbp32flb795718568 (date of access: 11/17/2022).
9. UN General Assembly resolution No. 66/288 “The future we want” // Official website of the UN. – 2012. – [Electronic resource]. – Access mode: https://unece.org/fileadmin/DAM/env/documents/2012/A_RES_66_288_TheFutureWeWant_r.pdf (accessed 11/17/2022).
10. Resolution of the UN General Assembly (A/70/L.1) “Transforming our world: Agenda for sustainable development for the period up to 2030” // Official website of the UN. – 2016. – [Electronic resource]. – Access mode: https://unctad.org/system/files/official-document/ares70d1_ru.pdf (date of access: 11/17/2022).
11. UN Framework Convention on Climate Change 2015 // Official website of the UN. – 2015. – [Electronic resource]. – Access mode: https://unfccc.int/resource/docs/2015/cop21/rus/l09r.pdf (Accessed 11/17/2022).
INTERNATIONAL LAW
OTRASHEVSKAYA Anastasia Mikhaylovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LATIN AMERICAN INTEGRATION ASSOCIATIONS AND IMPLEMENTATION OF THE INTERNATIONAL LEGAL REGIME ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION
This article attempts to analyze the impact of Latin American associations, in particular the Andean Community of Nations and the Organization of American States, on the dissemination of the regime regulating access to genetic resources and the fair and equal sharing of benefits from their use. The development of a regional legal framework began long before the entry into force of the Nagoya Protocol Regulating Access to Genetic Resources and the Fair and Equal Sharing of Benefits from Their Use in 2010, but currently the States are facing problems in implementing norms at the national level , judicial practice is beginning to take shape within regional judicial bodies.
Keywords: law of international organizations, Nagoya Protocol, Andean Community of Nations Organization of American States, genetic resources, biodiversity.
Reference bibliographic list
1. Abashidze A. Kh., Ananidze F. R., Solntsev A. M. International legal framework for the protection of minorities and indigenous
ny peoples: textbook. – Moscow: RUDN University, 2015. – S. 205-206.
2. Solntsev A. M., Otrashevskaya A. M. Development of the concept of environmental human rights in the practice of the Inter-American Court of Human Rights // International Justice. – 2022. – No. 1 (41). – S. 57-78.
3. Bravo, E. Normativas sobre Semillas en América Latina al Servicio del Control Corporativo. Red por una América Latina libre de Transgénicos. – 2015. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.17141/letrasverdes.22.2017.2676.
4. Cabrera A., Ribadeneira M. y Camacho D. La propiedad intelectual en verde: obtenciones vegetales, indicaciones geográficas y cambio climático. Guía para el capacitador, manual para el alumno y presentación. Quito: Instituto Ecuatoriano de la Propiedad Intelectual, IEPI. (sin publicar) – 2014.
5. Carrizosa S. Diversity of Policies in Place and in Progress in Santiago Carrizosa et al., eds., Accessing Biodiversity and Sharing the Benefits: Lessons from Implementing the Convention on Biological Diversity, IUCN Environmental Policy and Law Paper No. 54. – [Electronic resource]. – Access mode: https://ucanr.edu/repository//fileaccess.cfm?article=54957&p=NVTZKF (accessed 01/28/2023).
6. Lapeña I., Ruiz Müller M., eds., Acceso a Recursos Geneticos, Propuestas e Instrumentos Jurídicos, SPDA, Peru. – 2004.
7. Nemoga G. et al. La Investigación sobre Biodiversidad en Colombia. Propuesa de ajustes al Régimen de Acceso a Recursos Geneticos y Productos Derivados y a la Decisión Andina 391 de 1996, Universidad Nacional de Colombia, Bogotá. – 2010. – Pp. 661-662.
INTERNATIONAL LAW
AFGHAN Abdul Salam
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
SELF-DETERMINATION AND USE OF FORCE IN INTERNATIONAL LAW
The right to self-determination is the fundamental right, which is recognized by many international treaties including the United Nations Charter. It is now a rule of “jus cogens”. In establishing this right, the UN General Assembly played a pivotal role. Adoption of landmark resolutions on the issue, not only gave legal status to the right to self-determination but also did a great deal in eradicating the evils of colonialism. The UN Security Council was relatively less active for the obvious reason of lack of consensus among its five permanent members. International law still does not allow unilateral use of force even for the support of the people having the right to the first level of self-determination. Such use of force may not amount to interference in the internal affairs of a state, as it is not an internal issue, but it would violate another basic principle of international law, namely, the general prohibition on the threat or use of force. As for the people having a ‘second level’ right of self-determination, military support to them would amount to interference in the internal affairs of a state and would constitute the crime of ‘indirect’ aggression.
Keywords: self-determination, use of force, UN Charter, UN Security Council, Human Rights, humanitarian intervention, terrorism.
Reference bibliographic list
1. Anne Peters, the principle of uti possidetis juris: how relevant is it for issues of secession?’ // Self-determination and Secession in International Law (2014).
2. Thomas M. Franck, The Emerging Right to Democratic Governance. // 92 American Journal of International Law 46–91 (1998).
3. Alejandro Alvarez, Latin America and International Law. // 3 American Journal of International Law 269, 271 (1909).
4. Anthony Whelan, Wilsonian Self-Determination and the Versailles Settlement. // 43 International and Comparative Law Quarterly 99 (1994).
5 U.N. charter art. 1.
6. International Covenant on Civil and Political Rights art. 1, December 16, 1966, 999 UNTS 171.
7. Declaration on the Granting of Independence to Colonial Countries and Peoples, GA Res. 1514 (1960).
8. Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, GA Res. 2625 (1970).
9. Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo (Advisory Opinion) 2010 ICJ 404 (July 22).
10. Chapter IX—International Economic and Social Co-operation, Article 55 of the NU Charter.
11. General Assembly resolution, 1514(XV), 1960.
12. Martin Ayong Ayim, Former British Southern Cameroons Journey Towards Complete Decolonization // AuthorHouse 206 (2010).
13. Antonio Cassese, Self-Determination of Peoples a Legal Reappraisal // 12 Hersch Lauterpacht Memorial Lectures (1995).
14. Alex-Obot-Odora, Defining international terrorism, E law – Murdoch University Electronic Journal of Law, no 1. March 1999. <http:// Pandora.nla.gov.au/parchive/2001/z2001-Feb-26 /www/Murdoch.edu.au/elaw/issues/v6n1/obote-odora61_notes.html>.
15. General Assembly resolution, 3034(XXVII) (1972).
16. AkramZaki, Terrorism: Myth and Reality. -Institute
of policy studies, Islamabad, 2002.
17. Martin Dixon, Textbook on International law // Online Resource Center (2013).
18. Vienna Convention on the law of Treaties, 23 May 1969.
19. Alex Obot-Odora, Defining international Terrorism, E Law. // Murdoch University Electronic journal of law, vol.6, no 1, March 1999.
20. OIC Declaration of Foreign Ministers on Terrorism, 1-3 April 2002 in Kuala Lumpur Malaysia.
21. Husain Haqqani, Pakistan’s Endgame in Kashmir, India Review, Volume 2, No. 3 July 2003
22. Aureliu Cristescu, the Right to Self-Determination, Historical and Current Development on the basis of United Nations Instruments, New York, 1981.
23. United Nations General Assembly: Resolution 2625 (XXV) Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance with the Charter of the United Nations.
24. Montevideo Convention on the Rights and Duties of States 1933.
25. Definition of Aggression, United Nations General Assembly Resolution 3314(XXIX).
26. Loqman Radpey, Self-Determination and Use of Force in Rojava // Journal of Human Rights and Social Work (2021).
27. Neil MacCormick, “Is Nationalism Philosophically Credible?” in Willaim Twinning (ed) Issues of Self-Determination, (Aberdeen: Aberdeen University Press, 1991).
28. Michael Walzer, Just and Unjust Wars, (New York, 1977) p.93 quoted by Juha Räikkä, “On National Self-Determination: Some Problems of Walzer’s Definition” in Issues of Self-Determination.
29. Alexis Heraclides, The Self-Determination of Minorities in International Politics. – London: Frank Cass, 1991.
INTERNATIONAL LAW
VINNITSKIY Danil Vladimirovich
Ph.D. in Law, professor, LLC, Head of Tax and financial law sub-faculty of the V. F. Yakovlev Ural State Law University, Director of the BRICS Law Institute
ABUSE OF DOUBLE TAXATION TREATIES AND COUNTERMEASURES
This article discusses the issues of improper use of tax treaties (DTCs), possible abusive arrangements which can be used for that purposes and respective legal remedies which may be invoked in order to protect the balance between the interests of the tax system and private interests of taxpayers . In addition, the author have mentioned and systemized selected typical forms of abusive action in connection with DTCs application in the light of main case-law trends and effective and proportional legal countermeasures/ legal remedies.
Keywords: tax, tax law, international tax law, double taxation, model conventions, OECD, UN, double taxation avoidance agreement.
Reference bibliographic list
1. Lang M. Introduction to the Law of Double Taxation Conventions. Wien – Amsterdam: IBFD – Linde, 2010. P. 62.
2. Vinnitskiy D. V., Kurochkin D. A. Tax Compliance in a Globalized World: Russian Perspective // Russian Law: theory and practice, 2017. No. 1. P. 50-66. ISSN: 1811-9077.
3. Vinnitsky DV Russian tax law: problems of theory and practice. SPb., 2003.
4. Russian Yearbook of International Tax Law / Ed. prof. D. V. Vinnitsky (with general information in English, French, German, Spanish and Italian), St. Petersburg: University Publishing Consortium “Legal Book”, 2009. No. 1 (ISBN 978-5-91661-011 -6) 465 p.
5. Vinnitsky DV Application of international agreements on the avoidance of double taxation when withholding tax from agency fees (on the example of an agreement between the Russian Federation and Germany of 05/29/1996) // Russian legal journal. 2017. No. 6 (117). pp. 184-191.
6. Vinnitsky DV International tax law: problems of theory and practice. M.: STATUT, 2017. 463 p. [Electronic resource]. – Access mode: https://e.lanbook.com/book/107807.
7. Lifshits I. M. International financial law and the law of the European Union: interaction and mutual influence: monograph. M.: Yustitsinform, 2020. 548 p.
8. Tolstopyatenko G. P. European tax law. Comparative legal research. M.: NORMA, 2001. 328 p.
9. Shakhmametiev A. A. International tax law. M.: International relations, 2014. 824 p.
INTERNATIONAL LAW
GAGLOEV Oleg Felixovich
Minister of Justice of the Republic of South Ossetia, competitor for the scientific degree of Ph.D. in Law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
DUAL CITIZENSHIP IN UNRECOGNIZED AND LIMITED RECOGNIZED STATES
The article examines the coexistence of the phenomenon of dual citizenship and institute of unrecognized and limited recognized states. As a rule, citizens of unrecognized and limited recognized states have another citizenship. The authors elaborated on the question – should such citizens be considered bipatrids? And whether to consider the citizenship of unrecognized and partially recognized states as a full-fledged, classic citizenship?
As a result of the analysis, the author concludes that individuals who simultaneously have the nationality of a UN Member State and the nationality of an unrecognized or limited recognized state should be considered from the perspective of an individual and, despite the status of the state of nationality, be recognized as having dual nationality, since such an individual has stable identical legal ties with both state entities, effectively enjoys the legal rights provided by them and fulfills the obligations established by them.
Keywords: citizenship, nationality, dual citizenship, dual nationality, dual nationals, limited state, unrecognized state.
Reference bibliographic list
1. Bartsits A. L. The legal nature of the sovereignty of unrecognized and partially recognized states on the example of the Republic of Abkhazia // Public Service. 2015. No. 2(94). pp. 92-95.
2. Berdegulova L. A. Improving the legal model of the status of a citizen of a quasi-state entity // Issues of Russian and international law. 2017. No. 1A. pp. 12-20.
3. Tolstykh VL, Aasi J. Palestinian citizenship: past, present, future // Moscow Journal of International Law. 2019. No. 4. S. 31-45.
4. Tskhovrebov K. I. Problems of the status of unrecognized and partially recognized states in the modern world // Bulletin of the North Ossetian State University named after K. L. Khetagurov. 2013. No. 4. S. 186-189.
5. Yakovlev A. A. Legal regulation of citizenship issues: the relationship between international law and the law of the Russian Federation: dissertation … candidate of legal sciences: 12.00.10. Tyumen, 2003, p. 196.
6. Gezim Krasniqi. Contested States as Liminal Spaces of Citizenship: Comparing Kosovo and the Turkish Republic of Northern Cyprus // Ethnopolitics. 2019 Vol. 18. Issue 3.
7. Khalil, Asem. (2007). Palestinian nationality and citizenship current challenges and future perspectives. CARIM research reports 2007/07. San Domenico di Fiesole: European University Institute (EUI) and the Robert Schuman Center for Advanced Studies (RSCAS). P. 39.
8. Qafisheh, Mutaz. 2007. The International Law Foundations of Palestinian Nationality. A Legal Examination of Palestinian Nationality under the British Rule. Geneve. 339p. [Electronic resource]. – Access Mode: https://core.ac.uk/download/pdf/20642418.pdf(accessed date: 08/01/2019).
9. Sokolov S. N. Unrecognized and partially recognized states on the political map of the world // Culture, science, education: problems and prospects. Materials of the II All-Russian Scientific and Practical Conference. Nizhnevartovsk. February 8, 2013. pp. 43-45.
10. Demicheva T.A. International Legal Recognition of States: Unrecognized and Partially Recognized States // Kiberyurist. 2020. No. 4. S. 14-20.
INTERNATIONAL LAW
LATYPOVA Aysylu Floridovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ARTIFICIAL INTELLIGENCE TECHNOLOGY AND CERTAIN ASPECTS OF INTERNATIONAL SPACE LAW
This article attempts to analyze the implications of artificial intelligence through the lens of international space law, including the extent to which current provisions of international law generally meet the challenges posed by the use of advanced technologies based on artificial intelligence. Despite all the benefits the use of artificial intelligence brings to the field of space exploration, this phenomenon still poses a serious challenge to the key tenets of international space law. Particularly acute in this context are issues concerning state liability for damages caused by space objects equipped with artificial intelligence, as well as ensuring confidentiality and data protection.
Keywords: artificial intelligence, machine learning, international space law, liability, responsibility, autonomy, legal personality.
Reference bibliographic list
1. Balukhto A. N., Romanov A. A. Artificial intelligence in space technology: state of the art, development prospects // Rocket and Space Instrumentation and Information Systems. – 2019. – T. 6. – N 1. – S. 65–75.
2. Shestak V. A., Volevodz A. G. Modern needs of legal support of artificial intelligence: a view from Russia // All-Russian criminological journal. – 2019. – T. 13. – N 2. – C. 197-206.
3. Yastrebov O. A. Legal personality of an electronic person: theoretical and methodological approaches // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2018. – T. 13. – N 2. – S. 36–55.
4. Morhat P. M. Artificial intelligence: Legal view: Scientific monograph. – M.: Buki Vedi, 2017. – P. 257.
5. Bayern S. The Implications of Modern Business Entity Law for the Regulation of Autonomous Systems. – 2015. – Stan.Tech. L. Rev. – Vol. 19. – P. 93–112.
6. Bratu I., Lodder A. R., Linden T. Autonomous Space Objects and International Space Law: Navigating the Liability Gap // Indonesian Journal of International Law. – 2021. – Vol. 18. – No. 3. – R. 423-446.
7. Burri T. Artificial Intelligence and International Law // German Yearbook of International Law. – 2017. – Vol. 60. – R. 91-108.
8. Carrillo R. M. Artificial intelligence: From ethics to law. Telecommunications Policy. – 2020. – Vol. 44. – No. 6.
9. Chesterman S. AI and the problem of autonomy. Notre Dame Journal on Emerging Technologies. – 2020. – Vol. 1.-Iss. 2. – R. 210-250.
10. Chesterman S. Artificial Intelligence and the Limits of Legal Personality // International and Comparative Law Quarterly. – 2020. – Vol. 69. – R. 819-844.
11. Friedland P., Lum H. Building Intelligent Systems: Artificial Intelligence Research at NASA Ames Research Center. – NASA Ames Research Center, 1987.
12. Gal G. A., Santos C., Rapp L., Markovich R., Torre L. Artificial Intelligence in Space. research gate. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/342377395_Artificial_intelligence_in_space (Accessed 11/01/2022).
13. Gorove S. Liability in Space Law: An Overview of Space Law. – 1983. Annals of Air and Space Law. – Vol. 8. – R. 137-146.
14. Hobe S., Schmidt-Tedd B., Schrogl K-U. Cologne commentary on Space law. Berliner Wissenschafts-Verlag, 2013. – Vol. 2. – 780p.
15. Soroka L., Kurkova K. Artificial Intelligence and Space Technologies: Legal, Ethical and Technological Issues // Advanced Space Law. – 2019. – Vol. 3. – R. 131-139.
16. Surden H. Artificial Intelligence and Law: An Overview Harry // Georgia State University Law Review. – 2019. – Vol. 35.-Iss. 4. – R. 1305-1337.
INTERNATIONAL PRIVATE LAW
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
NEBIERIDZE David Nikoevich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
INHERITANCE RELATIONS IN PRIVATE INTERNATIONAL LAW
In the article, the authors analyze one of the most relevant and important topics of private international law – cross-border inheritance. The authors analyze the sources of regulation of inheritance relations in the Russian Federation, complicated by a foreign element or elements, and also put forward their own ideas for improving them for a more complete and effective protection of the rights and interests of citizens and legal entities . The authors also raise other problems associated with this institution and suggest ways to resolve them.
Keywords: inheritance relations, private international law, foreign element, cross-border inheritance, conflict of laws rules.
Reference bibliographic list
1. Zvekov V. P. International private law: a course of lectures. – M.: NORMA-INFRA, 1999. – 667 p.
2. Boguslavsky M. M. International private law: textbook. – 7th ed., revised. and additional – Moscow: Norma: INFRA-M, 2022. – 672 p.
3. Glinshchikova T. V., Kostenko O. S. Prospects for the development of the legislation of the Russian Federation in the field of cross-border family relations // Bulletin of the North Caucasian Humanitarian Institute. – 2017. – No. 4 (24). – S. 342-345.
INTERNATIONAL PRIVATE LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CLIMATE DISPUTES IN THE COURT OF JUSTICE OF THE EUROPEAN UNION
The article notes that 46 climate disputes are currently under consideration by the EU Court of Justice and the EU Court of General
Jurisdiction, among which: the case “Armando Carvalho” (2018), the case “EU Biomass” (2019), the case “ClientEarth and Ecologistas”
(2021) and others. At the same time, no climate dispute has yet been considered on its merit, the consideration of the vast majority of
disputes has been refused on procedural grounds. The most discussed lawsuits were the so-called “National Climate Case” and the
biomass case. Both cases were dismissed as inadmissible. In both cases, the EU Court followed the well-established “Plaumann”
doctrine. After that, the “Aarhus Regulation” of the EU was amended to facilitate the filing of claims for non-governmental organizations.
We believe that the Plaumann case is too restrictive and does not provide adequate access to justice.
Keywords: climate lawsuits, the Paris Agreement, the EU Court of Justice, the EU Court of General Jurisdiction, the Armando Carvalho
case, the National Climate Case, the EU Biomass case, the Plaumann doctrine.
Reference bibliographic list
1. Ermakova E. P. On the draft of a pan-European law on climate and the problems of normative regulation of “green” financing in the European Union // State and Law. – 2020. – No. 5. – S. 96-107.
DOI: 10.31857/S013207690009682-2.
2. Entin L. M. The Treaty of Lisbon and the Reform of the European Union // Journal of Russian Law. – 2010.
– No. 3 (159). – S. 104-115.
3. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Russian University of Friendship
peoples. Series: Legal Sciences. – 2020. – Volume 24. – No. 3. – S. 673-694.
4. Van Zeben, J. The Role of the EU Charter of Fundamental Rights in Climate Litigation // German Law Journal. – 2021. – No. 22 (8). – R. 1499-1510. Doi:10.1017/glj.2021.78.
INTERNATIONAL PRIVATE LAW
SEKACHEVA Alexandra Alexandrovna
postgraduateate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
LEGAL REGULATION OF THE PROTECH SPHERE IN THE EU COUNTRIES
The publication analyzes the legal regulation of technologies in real estate in the European Union. The phenomenon of PropTech is considered. The level of legislative regulation of the designated technologies in the EU has been determined. The latest EU regulations are listed, which can become the most significant documents for the entire international community. We are talking about laws on digital markets and digital services. In addition, the legislation on the protection of personal data has been investigated. Conclusions are drawn about the tightening of the legal regulation of this area. The existing legal problems related to the use of PropTech are listed.
Keywords: international law, PropTech, technologies, European Union, digitalization.
Reference bibliographic list
1. PropTech 2020. The future of Real Estate. University of Oxford Research. Said Business School. – [Electronic resource]. – Access Mode: https://www.sbs.ox.ac.uk/sites/default/files/2020-02/proptech2020.pdf (Accessed 20.11.2022).
2. Churilov A. Yu. Principles of the General Regulation of the European Union on the protection of personal data (GDPR): problems and prospects for implementation // Siberian Legal Review. – 2019. – No. 1. – S. 21-29.
3. Odintsov S.V. Digital rights – for the digital era // Modern law. – 2019. – No. 9. – P. 74-77.
INTERNATIONAL PRIVATE LAW
STRUGOVETS Liliya Alexandrovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, legal adviser
FEATURES OF CONSIDERATION OF COURT CASES ON CLIMATE PROTECTION
The article examines the specifics of the consideration of climate protection court cases in the EU countries on the example of several recent decisions made during 2022 and suggests ways to identify and manage potential financial and reputational risks for defendants that lead to changes in policy and legislation on climate protection.
Keywords: climate change, litigation, carbon emissions, decarbonization, issuers of securities, sustainable development, climate legislation, climate management.
Reference bibliographic list
1. Adelmant V., Alston P., and Blainey M. Human rights and climate change litigation: one step forward, two steps backwards in the Irish Supreme Court // Journal of Human Rights Practice. – 2021a. – Vol. 13. – No. 1. – Rp. 1-23.
THEORY OF GOVERNMENT AND RIGHTS
BELIKOV Evgeniy Olegovich
student of the 1st course of the Group 22B12TH(with in-depth study of the Chinese language and the law of the People’s Republic of China (code 40.03.01)) Theory and history of state and law sub-faculty of the Faculty of Jurisprudence of the Saint Petersburg State University
THE LEGAL SYSTEM OF THE PEOPLE’S REPUBLIC OF CHINA ON COMBATING CORRUPTION IN THE LIGHT OF THE DECISIONS OF THE XX CONGRESS OF THE CPC
The XX Congress of the CPC began its work on October 16, 2022 in Beijing, attended by 2,340 delegates from 96 million members of the Communist Party.
Speaking at the congress with a report, General Secretary of the CPC Central Committee Xi Jinping reflected long-term plans for domestic and foreign policy.
China should become a great and modern socialist country by all criteria – this is the goal that should be achieved, the report proclaims. The task is to achieve such a goal in two stages.
Initially until 2035 – to carry out socialist modernization, and from 2035 to 2049, to reach the frontiers of a prosperous, strong democratic and developed socialist state in honor of the centennial anniversary of the PRC.
Having carried out a successful comprehensive modernization, without exploiting the natural and labor resources of poorly developed countries, without having colonies, China is the second such country in the civilized world.
China does not require other countries to neglect their autonomy by submitting to hegemony, and this is the real principled position of the PRC, as stated in the report of the CPC Central Committee to the XX Party Congress.
The purpose of this work is to analyze the anti-corruption policy as an element of the legal system of the People’s Republic of China before and after the Twentieth Congress of the CPC.
The object of the study is the Anti-Corruption System of the People’s Republic of China.The subject of the study is the legal reforms of the People’s Republic of China at the turn of the XX and XXI centuries.
The theoretical significance of the work lies in the disclosure of the historical significance of the Twentieth Congress of the CPC and the legal system of the People’s Republic of China on the fight against corruption
The possibility of practical application: It is advisable to use the results of the work carried out as a lecture material for law students, as afuture basis for the personnel of the prosecutor’s office and investigation bodies, conducting a comparative analysis of the advantages and disadvantages of the anti-corruption struggle, comparing the results of this struggle with similar goals and objectives being solved in the Russian Federation.
Keywords: XX CONGRESS of the CPC, PRC, corruption, anti-corruption policy, legal system.
Reference bibliographic list
1. Kychanov E.I. Fundamentals of medieval Chinese law (VII-XIII centuries). M., 1986. S. 3.
2. Modern law of the People’s Republic of China / Ed. L.M. Gudoshnikov and L. Krzhizhkovsky. M., 1985. S. 27.
3. Brun J.-P. et al., Practitioner’s Guide to Asset Recovery. Moscow: World Bank and UNODC. 2012. C. 222; Stephenson K.M. et al. Barriers to Asset Recovery. Washington: The World Bank and UNODC, 2011.
4. UN Guide for Anticorruption Policies / UNODC. Vienna, 2003. P. 21-34. [Electronic resource]. – Access mode: http://www.unodc.org/pdf/crime/corruption/UN_Guide.pdf
5. The Global Program against Corruption. UN Anti-Corruption Toolkit / UNODC. Vienna, 2004. P. 10.
6. Criminal Code of the People’s Republic of China. Adopted at the 5th session of the National People’s Congress of the sixth convocation on March 14, 1997 [Electronic resource]. – Access mode: https://ukknr.ucoz.ru/index/0-11 (Accessed 01/13/2023)
7. Anti-corruption campaign in China. [Electronic resource]. – Access mode: https://tass.ru/mezhdunarodnaya-panorama/680204 (Accessed 01/13/2023)
8. PRC Anti-Corruption Law. [Electronic resource]. – Access mode: https://martaponti.ru/zakon-knr-o-protivodeistvii-korrupcii-antikorrupcionnaya-kampaniya-v-knr.html (Accessed 01/13/2023)
9. Anti-corruption campaign in China. [Electronic resource]. – Access mode: http://doverie25.ru/statyi/41-antikorruptsionnaya-kampaniya-v-knr.html (Accessed 01/13/2023)
10. Magazine LIVE. Truths and myths about corruption in China. [Electronic resource]. – Access mode: https://masterok.livejournal.com/7748644.html (Accessed 01/13/2023)
11. Magazine PARTNER. How China fights corruption. [Electronic resource]. – Access mode: https://www.partner-inform.de/partner/detail/2021/6/174/10440/kak-kitaj-boretsja-s-korrupciej?lang=en (Accessed 01/13/2023)
12. Fifth Plenum of the 19th Central Commission for Discipline Inspection of the Chinese Communist Party (CCP) (January 2021). [Electronic resource]. – Access mode: https://www.oblgazeta.ru/society/120029/ (Accessed 01/13/2023)
13. Xi Jinping. Fighting Corruption in China. [Electronic resource]. – Access mode: https://skurkys.livejournal.com/1030555.html (Accessed 01/13/2023)
THEORY OF GOVERNMENT AND RIGHTS
VILNOVA Valentina Andreevna
postgraduate student of the Penza State University, lawyer of the Penza branch of the Moscow Interregional Bar Association
CATEGORY OF HARM AS A FACTOR OF LEGISLATIVE CHANGES
The article considers the category of harm as the basis for legislative changes. Interest in this issue is associated with a large array of new legal acts, the adoption of which was the result of the development of their own socio-cultural, national, constitutional identity, as well as a response to global transformations taking place in the international arena. The mechanism of the emergence of a legal prohibition is analyzed, the motive of which is harm as a social phenomenon. It also considers the transformation of harm as a social phenomenon into a legal form. The concept of the category of harm, its correlation with the system of values, enshrined in law, is given.
Keywords: category of harm, social harm, value, system of values, law-making process, changes in legislation.
Reference bibliographic list
1. Akopyan O. A., Vlasova N. V., Gracheva S. A. [et al.]. Legal models and reality: monograph / Ed. ed. Yu. A. Tikhomirov, E. E. Rafalyuk, N. I. Khludeneva. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2020. – XIV. – 280 s.
2. Vlasenko N. A. et al. Rule-making legal technique. – Moscow: NITs INFRA-M, 2011. – 312 p.
3. Lazarev VV Selected last decade. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: Norma, 2020. – 760 p.
4. Vilnova V. A. The category of harm in the mechanism of legal regulation // Humanitarian, socio-economic and social sciences. – 2022. – No. 9. – S. 122-125.
5. Lukyanova V. Yu. A new concept of proportionality of universal and national values in Russian legislation // Journal of Russian law. – 2022. – T. 26. – No. 9. – S. 53-69.
6. Malko A. V., Kostenko M. A. Legal technique and legal technology: the complex nature of interaction // State and law. – 2022. – No. 7. – S. 22-29.
7. Sumenkov S. Yu. Lawful behavior as a substantive basis of law and order // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – WITH.58-61.
8. Umnova-Konyukhova I. A. Constitutional futurology and constitutional futurism in the context of global changes // State and Law. – 2021. – No. 5. – S. 81-93.
9. Khabrieva T. Ya. Constitutional reform in Russia: in search of national identity // Bulletin of the Russian Academy of Sciences. – 2020. – Volume 90. – No. 5. – S. 403-414.
10. Paddy HILLYARD, Christina PANTAZIS, Steve TOMBS et Dave GORDON (dir.), Beyond Criminology: Taking Harm Seriously, Black Point, Fernwood Publishing, 2004, 352 pages.
11. Thomas Raymen The Enigma of Social Harm and the Barrier of Liberalism: Why Zemiology needs a theory of the Good // Justice, Power, and Resistance: The Journal of the European Group for the Study of Deviance and Social Control. – 2019. – V. 3. – Issue 1. – P. 134-163.
12. Explanatory note to Federal Law No. 479-FZ of 05.12.2022 “On Amendments to the Code of Administrative Offenses of the Russian Federation”. [Electronic resource]. No. 217472-8 Draft Law: Legislative Activity Support System (duma.gov.ru) (accessed 12/22/2022).
THEORY OF GOVERNMENT AND RIGHTS
VLADIMIROVA Darina Sergeevna
lecturer of Theory of state and law sub-faculty of the V. F. Yakovlev Ural State Law University
PUBLIC AND PRIVATE PRINCIPLES OF THE GENOMIC RELATIONS LEGAL REGULATION
This article has considered the issue of the relation between private and public principles in the legal regulation of genomic relations, harmonious usage will allow to develop the most effective to protect violated rights, establish stability in the development of genomic relations. For the purposes of this article, the brief analysis of international judicial practice, domestic legislation concerning the state intervention in the relevant areas of public relations is provided.
Keywords: private law, public law, genomic relations, legal regulation, balance of private and public interests
Reference bibliographic list
1. Bogdanova E. E. The ratio of private and public principles in the legal regulation of the use of genomic and assisted reproductive technologies // Bulletin of the University named after O. E. Kutafin (MSUA). – 2021. – No. 1 (11). – S. 32-46.
2. Ksenofontova D.S. Legal foundations of gene therapy: in search of a balance of interests // Lex russica. – 2019. – No. 6. – S. 143-152.
3. Maleina MN The concept and types of intangible benefits as objects of personal non-property rights // State and Law. – 2014. – No. 7. – S. 40-47.
4. Montgomery J. Modification of the human genome: challenges from the sphere of human rights, due to scientific and technological advances // Precedents of the European Court of Human Rights. – 2018. – No. 3. – S. 42-56.
5. Cherepakhin B. B. To the question of private and public law. – M., 2003.
THEORY OF GOVERNMENT AND RIGHTS
DOVGAN Kseniya Evgenjevna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
SIGNS OF FRAMEWORK LEGAL ACTS IN THE RUSSIAN FEDERATION
The effectiveness of legal regulation depends on many factors. In this issue, special importance is given to the means and sources of legal regulation. Framework legal acts have special properties. As a result of the analysis, the signs of framework legal acts were identified: complex and general; regulation of a wide range of social relations, which require further specification; the content of relatively certain norms that create legal uncertainty in the content of legal relations.
Keywords: framework legal acts, framework legal regulation, relatively certain norms, concretization, uncertainty.
Reference bibliographic list
1. Alexandrov N. G. The concept of source and law. – Moscow: Jurid. Publishing House of the Ministry of Justice of the USSR, 1946. – Issue. VIII. – S. 47-54.
2. Alekseev S. S. Collected Works. In 10 tons [+ Reference. volume]. Volume 3: Problems of the theory of law: a course of lectures. – Moscow: Statute, 2010. – 781 p.
3. Brezhnev L. I. Leninsky course: Speeches and articles. – Moscow: Politizdat, 1978. – T 6. – 680 p.
4. Vlasenko N. A. Reasonableness and certainty in legal regulation: monograph. – Moscow: NITs INFRA-M, IZiSP, 2014. – 157 p.
5. Glotova Svetlana Vladimirovna. Directives of the European Community: dis. … cand. legal Sciences. – Moscow, 1999. – 195 p.
6. Zivs S. L. Sources of law. – Moscow: Nauka, 1981. – 239 p.
7. Ivanov A. V., Zaporizhsky D. G. Solid household waste management, organizational, technological, financial and economic aspects (Russian and foreign experience). – Kaliningrad: FSEI VPO “KSTU”, 2007. – 432 p.
8. Isakov I. N. Multi-level legal systems: monograph / Edited by A. V. Malko. – Moscow: Yurlitinform, 2021. – 358 p.
9. Malko A. V., Isakov I. N. Different-level legal systems: problems of streamlining their relationships // Bulletin of the Russian Academy of Law. – 2017. – No. 2. – S. 5-10.
10. Samoshchenko I. S. Some questions of the doctrine of the normative acts of the socialist state // Jurisprudence. – 1969. – No. 3. – S. 26-33
11. Samoshchenko I. S. The main features of the normative acts of the socialist state // Soviet state and rights O. – 1968. – No. 4. – S. 22-30.
12. Semenov M. I. Representative bodies of local self-government in the Russian Federation: constitutional and legal analysis: dis. … cand. legal Sciences. – M., 2002. – 147 p.
13. Federalism: theory, institutions, relations (comparative legal research) / Ed. ed. B. N. Topornin. – M., Jurist, 2001. – 376 p.
14. Legal technique: textbook / Ed. T. Ya. Khabrieva, N. A. Vlasenko. – Moscow: Eksmo, 2009. – 272 p.
THEORY OF GOVERNMENT AND RIGHTS
KAREV Dmitry Alexandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
POLKOVNIKOVA Tatyana Vladimirovna
magister student of the Institute of Law of the Samara State University of Economics
JUDICIAL AND ARBITRATION PRACTICE IN THE MECHANISM OF FINANCIAL AND LEGAL REGULATION
The concept of legal regulation and the features of legal regulation of public relations arising from the use and redistribution of monetary funds are considered. The importance of judicial protection of financial relations and the procedure for resolving disputes through legal proceedings are revealed. Aspects of judicial practice as an element of financial and legal regulation are highlighted, the specifics of resolving financial conflicts are considered on the example of judicial practice materials.
Keywords: legal regulation, financial legal relations, financial and legal regulation, judicial process, judicial practice, institutions of public power.
Reference bibliographic list
1. Abdullaev A. Yu., Abesalashvili M. Z. Legal status and functions of judicial practice // Actual issues of the development of modern society. Collection of scientific articles of the 9th International Scientific and Practical Conference. – 2019. – S. 12-14.
2. Kuznetsov E. V. Legal science and judicial practice in Russia and foreign countries // Legal science: history and modernity. – 2018. – No. 5. – S. 11-19.
3. Lagutin I. B. Monetary law in the system of Russian financial law // Lex Russica. – 2018. – No. 6 (139). – S. 45-51.
4. Nikitin D. A., Kozachenko B. P., Agadzhanyan A. V. To the question of the relationship between the mechanism of legal regulation and the mechanism of procedural and legal regulation // Theory of State and Law. – 2019. – No. 2 (14). – S. 74-78.
5. On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in the arbitration court of appeal: Decree of the Plenum of the Supreme Court of the Russian Federation of 06/30/2020 No. 12. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_356423/?ysclid=l4vt40ji13595345672 (date of access: 06/27/2022).
6. On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in an arbitration court of cassation: Decree of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2020 No. 13. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_356424/?ysclid=l4vt344acq360304766 (accessed 06/27/2022)
7. Polyakov S. B. Legal and real principles of law // Journal of Russian law. – 2018. – No. 9 (261). – S. 13-18.
8. Prokina Ya. S. Judicial practice in the mechanism of civil law regulation // Young scientist. – 2020. – No. 25 (315). – S. 289-290.
9. Decision of December 27, 2021 in case No. А32-45661/2021 // SudAkt: Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/mJa0kPQ7KjlW/ (accessed 06/23/2022)
10. Decision of January 13, 2022 in case No. А68-12770/2020 // SudAkt: Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/T9XAJDGi5Qg1/ (accessed 06/23/2022)
11. Sangadzhieva KV Judicial protection as a type of state protection of the rights and freedoms of citizens in the Russian Federation // Education and Law. – 2021. – No. 3. – S. 224-233.
12. Chueva A. S., Mokhovaya T. A. On the issue of the system of financial and legal regulation // Humanitarian, socio-economic and social sciences. – 2018. – No. 3. – S. 125-128.
THEORY OF GOVERNMENT AND RIGHTS
KOVALENKO Natalya Evgenjevna
postgraduate student of the Institute of Law of the Altai State University
POLYSEMY AS A “TRAP” FOR LEGAL SCIENCE: AN ANALYSIS OF THE L. I. PETRAZHITSKIE’S WORKS
This article is devoted to the analysis of the of L. I. Petrazhitskie’s works, revealing the problems in the language of legal science, a parallel connection is made with the work of the philosopher L. Wittgenstein. As a result, it was concluded that it is necessary to modernize and develop the legal language for its correct application, and also given the modern problems of determining the subject of legal relations in modern society.
Keywords: law, Petrazhitsky, language, semantics, legal relationship, subject of law, polysemy.
Reference bibliographic list
1. Wittgenstein L. Philosophical research // Languages as an image of the world. – M.: AST; St. Petersburg: Terra Fantastica, 2003. – 568 p.
2. Gabov A. V. Legal personality: a traditional category of law in the modern era // Vestnik Saratov state law academy. – 2018. – No. 2 (121). – S. 105-122.
3. P. Duhem, Physical Theory. Its purpose and structure. – St. Petersburg: Education, 1910. – 341 p.
4. Carnap R. Significance and necessity. Research on semantics and modal logic. – M., 1959. – 383 p.
5. Petrazhitsky L. I. Introduction to the study of law and morality. Fundamentals of emotional psychology. – St. Petersburg: Type. Yu. N. Erlikh, 1908. – 265 p.
6. Petrazhitsky L. I. Theory of law and state in connection with the theory of morality. – St. Petersburg: Lan, 2000. – 606 p.
7. Petrazhitsky L. I. Theory and politics of law. Selected works / Nauch. ed. E. V. Timoshina. – St. Petersburg: University Publishing Consortium “Legal Book”, 2010. – 1104 p.
THEORY OF GOVERNMENT AND RIGHTS
SIDOROVA Anna Viktorovna
Ph.D. in Law, associate professor of Public law sub-faculty of the Samara State University of Economics
EFREMOVA Elena Alexandrovna
Ph.D. in political sciences, associate professor of Public law sub-faculty of the Samara State University of Economics
COMPARATIVE LEGAL ANALYSIS OF THE DEFINITION OF “INFORMATION” (ON THE EXAMPLE OF RUSSIA AND CIS COUNTRIES)
At the present level of development of human civilization, information is a general scientific category. Legal scholars carry out a fairly large amount of scientific research in the field of information. However, the vast majority of these are industry studies. The object of this study is the definition of “information”, which has found its consolidation in the normative legal acts of the Russian Federation and CIS countries. The author identifies the general and negative characteristics of the definition, based on a comparative analysis, formulates proposals for reforming Russian legislation.
Keywords: information, information, data, classification of information, legislation, forms of information.
Reference bibliographic list
1. Grudtsina L. Yu. Information, law and power // Education and law. – 2020. – No. 5. – S. 26-30.
2. Yuldashev Yuldashev Zh. Information security in the system of protection of the national interests of the Russian Federation // Communicology: electronic scientific journal. – 2020. – No. 2. – S. 72-82.
3. Fadeeva E. S. Legal monitoring of state institutions: dis. … cand. legal Sciences. – Kaliningrad, 2020. – 210 p.
4. Kamalova G. G. Legal regime of limited access information: monograph. – Izhevsk: Publishing house. Center “Udmurt University”, 2017. – 372 p.
5. Transformation of law in the digital age: monograph / Ed. A. A. Vasil’eva. – Barnaul: Alt. un-ta, 2020. – 432 p.
6. Osipenko A. L., Lugovik V. F. Problems of access of law enforcement agencies to concealed information when solving crimes // Society and Law. – 2021. – No. 2 (76). – S. 60-68.
7. Dolgaev V. V., Sokolova A. V. Issues of regulation of the use of information contained on electronic media as evidence // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (60). – S. 79-84.
8. Abdrakhmanov DV Constitutional and legal foundations of the information society in the Russian Federation: Abstract of the thesis. … cand. legal Sciences. – Chelyabinsk, 2022. – 32 p.
9. Petrovskaya O. V. The principle of reliability in information law: dis. … cand. legal Sciences. – Moscow, 2021. – 204 p.
10. Jafarova N. T. Administrative responsibility for offenses in the field of information circulation: dis. … cand. legal Sciences. – Moscow, 2021. – 161 p.
THEORY OF GOVERNMENT AND RIGHTS
SAMUSENKO Tatyana Mikhaylovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
LAW ENFORCEMENT ACTIVITY: PURPOSE AND FUNCTIONS
Law enforcement activities ensure the implementation of general rules of law, taking into account the specifics of a particular situation. And any activity has its own purpose, which is implemented in functions. The purpose reveals the role and meaning of this type of activity in the legal impact. And the functions of law enforcement activities express the essence of this type of activity. At the same time, there is a lack of common grounds for classifying the functions of law enforcement activities. The article discusses the purpose of law enforcement activity and the characteristics of its functions.
Keywords: law, law enforcement activity, purpose of law, functions of law enforcement activity, classification of functions.
Reference bibliographic list
1. Abramov A. I. Theoretical and practical problems of implementing the functions of law. – Samara: LLC “Fort”, 2008. – 318 p.
2. Alekseev S. S. Law: ABC – Theory – Philosophy: Experience of a comprehensive study. – M.: Statute, 1999. – 712 p.
3. Vetutnev Yu. Yu. Application of an instrumental approach to law // Journal of Russian law. – 2004. – No. 8. – P. 165-167.
4. Dyuryagin I. Ya. Law and management. – M.: Yurid. lit., 1981. – 168 p.
5. Dyuryagin I. Ya. Application of the norms of Soviet law: Theoretical issues. – Sverdlovsk: Sred. – Ural. book. publishing house, 1973. – 247 p.
6. Kartashov VN Theory of the legal system of society: a textbook. AT 2 t. – Yaroslavl: YarSU, 2005. – T. 1. – 547 p.
7. Kireeva E. A. Application of legal norms as a type of social activity in modern Russia // Bulletin of the Chelyabinsk State University. Right. – 2013. – No. 27 (318). – Issue. 38. – S. 33-37.
8. Kovaleva VV Theory of law enforcement. – Krasnodar: Publishing House – South, 2018. – 68 p.
9. Kulapov V. L. Correlation of goals, objectives and functions of the state // Bulletin of the Saratov State Law Academy. – 2014. – No. 2 (97). – S. 30-35.
10. Lazarev VV Application of Soviet law. – Kazan: Kazan Publishing House. un-ta, 1972. – 208 p.
11. Lazarev VV Socio-psychological aspects of the application of law. – Kazan: Kazan Publishing House. un-ta 1982. – 144 p.
12. Malko A. V., Shundikov K. V. Goals and means in law and legal policy. – Saratov: Publishing House of SGAP, 2003. – 296 p.
13. Nedbailo P. E. Application of Soviet legal norms. – M.: Gosjurizdat, 1960. – 511 p.
14. Palazyan A. S. Modern law: functional aspect: monograph. – M .: Publishing House of Moscow. University of the Ministry of Internal Affairs of Russia, 2009. – 383 p.
15. Law enforcement in the Soviet state / Ed. ed. I. N. Kuznetsov, I. S. Samoshchenko. – M.: Yurid. lit., 1985. – 304 p.
16. Radko T. N. Theory of functions of law: monograph. – M.: Prospekt, 2015. – 272 p.
17. Radko T. N., Tolstik V. A. Functions of law. – Nizhny Novgorod: Nizhny Novgorod Higher School of the Ministry of Internal Affairs of the Russian Federation, 1995. – 106 p.
18. Sapun V. A. Law enforcement: features and structure // Leningrad legal journal. – 2005. – No. 4. – P. 185-191.
19. Sapun V. A. Law enforcement: features and structure // Modern state and law: questions of theory and history. Collection of scientific papers / Ed. ed. T. M. Samusenko. – Vladivostok, 2004. – S. 26-27.
20. Ekimov A. I. The category of goals in the science of law // Philosophical problems of state and law / Ed. D. A. Kerimov, L. S. Yavich. – Leningrad, 1970. – S. 51-58.
THEORY OF GOVERNMENT AND RIGHTS
VOSITOV Khamzaali Abduvokhitovich
Ph.D. in Law, senior lecturer of General and special disciplines sub-faculty of the Institute of Law of the Pacific State University
CIVIL SOCIETY AND INSTITUTIONAL FRAMEWORK PROTECTION OF HUMAN RIGHTS
The article deals with the institutional foundations of civil society in the context of the recognition and protection of human rights. The theoretical aspects of the institutional foundations are determined by the rationality and interaction of society with the state, formed on the normative, socio-cultural, economic and ideological. The doctrinal approach is based on various concepts of scientists who study civil society as an integral part of a social institution.
Keywords: institutional framework, institutions of society and the state, civil society, human rights.
Reference bibliographic list
1. Vorotilin E. A. Political and legal theory of institutionalism M. Oriou (historical and critical analysis): Author. dis. … cand. legal Sciences. – M., 1979. – 16 p.
2. Hegel G. Philosophy of law // History of political and legal doctrines / Ed. V. S. Nersesyants. – M., 2002. – S. 421-428.
3. Civil society: textbook / Ed. ed. V. P. Malakhov, A. S. Avtonomov, V. V. Grib; [hand. ed. count V. V. Grib]. – M.: MGIMO, 2016. – 389 p. (the author of the chapter is V.P. Malakhov).
4. Kant I. Sobr. works: in 8 volumes / Under the general. ed. A. V. Gulygi. – M.: CHORO, 1994. – T. 1. – 544 p.
5. Maltsev GV On the social nature of legal institutions // Institutionalization in law: Collection of scientific articles. – M .: Publishing house of the RAGS, 2010. – S. 5-23.
6. Marchenko M. N., Machin I. F. History of political and legal doctrines: textbook. – M.: Prospekt, 2011. – 480 p.
7. Nersesyants V. S. General theory of law and state: a textbook for universities. – M.: Norma, 2002. – 552 p.
8. North Douglas. Institutions, institutional changes and the functioning of the economy / Per. from English. A. N. Nesterenko; foreword and scientific ed. B. Z. Milner. – M .: Foundation of the economic book “Beginnings”, 1997. – 180 p.
9. Oriu M. Fundamentals of public law / Comp.: R. S. Kurakin, K. P. Pribytkova, M. A. Rasskazov, E. V. Semenova. – M.: INFRA-M, 2013. – 574 p.
10. Orlova O. V. Civil society and personality: political and legal aspects. – M.: MZ Press, 2005. – 119 p.
11. Human rights: encyclopedic dictionary / Ed. ed. S. S. Alekseev. – M.: Norma; INFRA-M, 2013. – 656 p. (the author of the encyclopedic article is M. Yu. Mizulin).
12. Pigolkin A. S., Golovistikova A. N., Dmitriev Yu. A., Saidov A. Kh. Theory of state and law: textbook / Ed. A. S. Pigolkin. – M.: Yurayt-Izdat, 2007. – 613 p. (the author of the chapter is A.N. Golovistikova).
13. Theory of law and state: textbook / Ed. V. V. Lazareva. Ed. 2nd, revised. and additional – M.: Law and Law, 2001. – 576 p. (the author of the chapter is V. V. Lazarev).
14. Khasanov S., Khasanov M. Theory of state and law (in Tajik language): textbook. – Dushanbe: Ilm, 2017. – 496 p.
THEORY OF GOVERNMENT AND RIGHTS
ZHIDKIKH Maxim Alexeevich
postgraduate student of Theory of state and law sub-faculty of the Saratov State Law Academy
SIGNS OF A DELEGATED INTERPRETATION OF THE LAW AS A KIND OF OFFICIAL INTERPRETATION OF LAW
At various stages of lawmaking, there is a need to interpret the rule of law. In order to understand the meaning of legal acts, the interpretation of the law, including the delegated one, takes place. The objective reasons for the interest in the problem of delegated official interpretation of the rules of law are global changes in the sphere of formation of the legal framework, which requires a full study of the content of the type of interpretation under consideration. At present, all the possibilities of delegated interpretation have not been fully explored. In view of the above, the article analyzes in detail the signs of a delegated official interpretation of the law.
Keywords: interpretation, signs of interpretation, rules of law, delegated interpretation, act of interpretation, principles of interpretation.
Reference bibliographic list
1. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – M.: Jurist, 2004. – S. 144.
2. Federal constitutional law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian 3. Federation” (as amended on July 1, 2021) // Collection of Legislation of the Russian Federation. – 1994. – No. 13. – Art. 1447; 2021. – No. 27 (part 1). – Art. 5045.
3. Regulations on the Ministry of Labor and Social Protection of the Russian Federation dated June 19, 2012 No. 610 (as amended on October 26, 2022) // Rossiyskaya Gazeta. – 2012. – Art. 5.16.
4. Morozova L. A. Theory of State and Law: Textbook. – M., 2010. – S. 268.
5. Betty E. Hermeneutics as a general methodology of the sciences of the spirit. – M., 2011. – S. 67.
6. Lyubashits V. Ya. Theory of state and law: Uch. allowance. – M., 2015. – S. 396.
THEORY OF GOVERNMENT AND RIGHTS
MUSINA Kamilla Salavatovna
postgraduate student of Theory of law and state sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
JURIDICAL ASPECTS OF THE INTERPRETATION OF THE LEGAL PERSONALITY OF ARTIFICIAL INTELLIGENCE
This article analyzes some issues of determining the legal status of artificial intelligence in law and legislation. Innovative technologies utilized by judges and possibilities of using the electronic Blockchain system are being investigated. This article analyzes legislation in order to explore ways of modernization to eliminate collisions, establishing general provisions on liability for criminal acts by robots, committed due to technical failures of artificial intelligence and (unmanned flying vehicles) without any presence of anthropogenic involvement and intentional human intervention . The presented results of the analysis are of philosophical significance, as well as of legal and ontological significance and are arising not only from the actual state of development of artificial intelligence but also from the very real prospects of future modifications of artificial intelligence of cybernetic organisms.
Keywords: legal personality, artificial intelligence, drones, electronic person, judge, individuals, legal entities, scientific and technological progress, copyright, patent protection, drone, legislators, criminal prosecution, judge.
Reference bibliographic list
1. The Guardian. Google’s Self – Driving Cars Have Never Got a Ticket, November 13, 2015.
2. “Euro news” / US recorded a fatal accident involving a car on autopilot // 2018. [Electronic resource]. – Access mode: https://www.euronews.com/2018/03/31/tesla-in-fatal-car-crash-driving-on-auto-pilot (date of reference: 08/26/2022).
3. Periodical publication “Washington Post”. [Electronic resource]. – Access mode: https://www.washingtonpost.com/business/2019/10/23/man-died-burning-tesla-because-its-futuristic-doors-wouldnt-open-lawsuit-alleges/ (date of reference : 17.08.2022).
4. Awan Family Tesla Lawsuit. [Electronic resource]. – Access mode: https://archive.org/details/6517391-Awan-family-Tesla-lawsuit/page/n3/mode/2up (date of reference: 08/20/2022).
THEORY OF GOVERNMENT AND RIGHTS
KHUT Diana Shamsudinovna
postgraduate student of Theory of state and law sub-faculty of the Saratov State Academy of Law
THE BALANCE OF PERSONAL, PUBLIC AND STATE INTERESTS AS A REFLECTION OF THE ESSENCE OF LAW
The article discusses the legal nature of the interest, as well as analyzes the characteristic features of personal, public and state interests. The article explores the concept of the balance of interests as a reflection of the essence of law and some of the scientific approaches to its understanding. Attention is focused on the need to establish a balance of personal, public and state interests in the process of law-making and law-realization.
Keywords: interest; balance of personal, public and state interests.
Reference bibliographic list
1. Iering R. Struggle for the right. – M., 1991. – S. 8.
2. Babkin A. I. Balance of private and public interests in tax legal relations. Abuse of the right // Law. – 2005. – No. 2. – S. 14-18.
3. Dozhdev DV Roman private law: a practical course. – M., 2018. – P. 8.
4. Mikhailov SV Category of interest in Russian civil law. – M., 2002. – S. 17-18.
5. Khalikov A. N. The relationship of the category of interest in psychology and law // Philosophy of Law. – 2018. – No. 3. – P. 14-15.
6. Pyankova A.F. The concept of the balance of interests and its place in the civil law of Russia // Bulletin of the Perm University. – 2014. – Issue. 2. – S. 124.
7. Actual problems of law: a textbook for undergraduates / Ed. V. L. Kulapova. Saratov, 2021. – P. 14.
8. Belousov S. A. Balance of interests and its violation in public law // Legal policy and legal life. – 2013. – No. 2. – P. 22.
9. Kulakov V. V., Voronov I. Yu. Balance of interests of the employee and the employer // Bulletin of the Tomsk State University. – 2022. – No. 475. – P. 215-221.
THEORY OF GOVERNMENT AND RIGHTS
YAMSHCHIKOVA Elina Malzakhievna
postgraduate student of State-legal disciplines sub-faculty of the Penza State University, attorney of branch “Aleynikov and partners” Interregional bar association of Moscow
THE PLACE OF DECLARATIVE NORMS IN THE SYSTEM OF CLASSIFICATION OF NORMS OF LAW
In the article, by generalizing and analyzing the opinions of scientists, the place of declarative norms in the system of classification of legal norms is to investigate. The author joins the point of view that the norms-declarations are specialized norms of law. The uncertainty and fragmentation of the conceptual apparatus is also investigating and the use of the unified terms “declarative rule of law” and “norm-declaration” is proposed.
Keywords: the rule of law, signs of the rule of law, classification of the rules of law, specialized rules of law, declarative norm, norm-declaration.
Reference bibliographic list
1. Alekseev S. S. Collected works: in 10 volumes – M., 2010. – P. 316.
2. Baytin M. I. Essence of law (modern normative legal understanding on the verge of two centuries). – Saratov, 2001. – S. 177-184.
3. Korelsky V. M. Theory of state and law. – M., 2002. – S. 280.
4. Marchenko MN Problems of the theory of state and law. – M., 2002. – S. 589.
5. Malko A. V., Salomatin A. Yu. Theory of state and law. – Penza, 2012. – S. 161-165.
6. Voplenko N. N. Law in the system of social norms. – Volgograd: VolGU Publishing House, 2003. – P. 86.
7. Gulyakov A. D., Salomatin A. Yu., Makeeva N. V. Theory of state and law: thematic content, key concepts of the course. – Penza, 2017. – S. 50-52.
8. Baranov A. V. System-determining specialized norms of law in the mechanism of legal regulation // Bulletin of the Tomsk State University. – 2011. – No. 2. – P. 13-19.
9. Baranov A. V. To the question of the concept and place of specialized norms in the system of Russian law // Bulletin of the Omsk University. – 2017. – No. 1 (50). – S. 22-30.
10. Kozhevnikov V. V., Martynenko M. V. Specialized norms of modern Russian law: legal nature, classification and place in the system of legal norms // Modern law. – 2014. – No. 4. – P. 6.
11. Alekseev S. S. General theory of law. Course in 2 volumes. – T. 2. – M .: Jurid. lit., 1982. – S. 70-72.
12. Baitin M. I. Kabaev V. K. Norms of Soviet law. Theory problems. – Saratov, 1987. – S. 159.
13. Gorshenev V. M. Atypical normative prescriptions in law // Soviet state and law. – 1978. – No. 3. – P. 113-118.
14. Rybakov V. A. Atypical norms of law // Bulletin of the Omsk University. Series “Right”. – 2013. – No. 3 (36). – S. 24-29.
15. Miroshnichenko T. N. Atypical phenomena in Soviet law: dis. … cand. legal Sciences. – Kharkov, 1985. – S. 22-23.
16. Davydova M. L. Normative-legal prescriptions in the Russian legislation. – Volgograd, 2001. – S. 13.
17. Morozova L. A. Theory of state and law. – M., 2014. – S. 230.
18. Shafirov V. M. Naturally positive law: an introduction to theory. – Krasnoyarsk, 2004. – S. 159-160.
HISTORY OF STATE AND LAW
ANTONENKO Tatyana Fyodorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian federal university
BERDNIKOVA Svetlana Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
ORLOVA Svetlana Vladimirovna
senior lecturer, of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
THE LEGAL REGULATION OF WORKING TIME, ORGANIZATION OF LABOUR IN SIBERIAN GOLD MINES IN THE 19th CENTURY
The article considers the problems of legal regulation of working time, rest time, organization of serf labor on the Cabinet’s lands, and organization of civilian labor by the general and mountain legislation of the Russian Empire in the 19th century. Regulation of Siberian gold-diggers labor is analyzed as an example paying attention to peculiarities of mountain industry where imperative norms of the hours of work and the rest were combined with dispositive rules.
Keywords: absence of unified standards of working time and labor organization, “Reglament”, “Work reguls”, forced labor, legal status of workmen, labor organization in Cabinet’s Siberian gold-mines, minor workmen, duration of working time, overhours, health of mountain workmen, wear and rear of labor man-power, rest time, legal normative acts on working time and labor organization, government services for protection of labor law in Siberian gold-mines.
Reference bibliographic list
1. Altai: historical and statistical collection. Tomsk, 1890. 607 p.
2. Berdnikova S. A. Legal regulation of labor in Russia until the beginning of the 20th century (on the example of the mining industry): textbook. allowance. Krasnoyarsk: IPK SFU, 2009. 108 p.
3. Zobnin N. Artisans of the Altai mining plants before the liberation // Siberian collection. Supplement to the “Eastern Review” in 1891. SPb., 1892. S. 1-48.
4. Zobnin N. Registration of peasants in Altai // Altai collection. 1859. T. 1. S. 51-68.
5. Historical description of mining in Russia (High. approved reports and other information about the new formation of the mining authorities). Part 1. St. Petersburg, 1807. 108 p.
6. Kisilev I. Ya. Labor law in Russia: history. M., 2001. 371 p.
7. Kuznetsov A.P. Some data on the issues of the amount of output, the time of the working day, food allowances and the improvement of the life of workers in the gold mines. Krasnoyarsk, 1892. 21 p.
8. On hiring workers for private gold and platinum mines. Tomsk, 1895. 14 p.
9. Orlov N. A. On the elimination of corporal punishment // Russian antiquity. 1881. No. 5. S. 90-113.
10. Regulations on the mining population of state-owned mining plants // Regulations on the rural state. SPb., 1876. S. 511-529.
11. Information about the private industry in Russia. SPb., 1863. 603 p.
12. Code of laws and regulations of the government on the arrangement of rural conditions and institutions for peasant affairs. T. 1. St. Petersburg, 1900. S. 1254-1359.
13. Code of mining statutes according to the official edition of 1893 // Collection of legalizations and government orders / Comp. A. Skorov. T. 1. M., 1895. 492 p.
14. Semevsky V. I. Essays on the life of workers in the Siberian gold mines // Siberian collection. Irkutsk, 1895. Issue. 1. S. 86-102.
15. Sosna B. I., Gorelko N. A. Historical and legal study of the sources of labor law in Russia // History of State and Law. 2001. No. 5. S. 35-41.
16. Khokhlov E. B. Essays on the history of legal regulation of labor in Russia. Part 1. St. Petersburg, 1999. 196 p.
17. Shelymagin I. I. Factory and labor legislation in Russia (second half of the 19th century). M., 1947. 183 p.
18. Shtof A. Comparative essay on mining legislation in Russia and Western Europe: in 2 hours. Part 1. St. Petersburg, 1882. 224 p.
19. Khrolenok S. F. To the question of the industrial revolution in the gold mining industry of Eastern Siberia (1860-1900) // Economic and socio-political development of Siberia in 1861-1917. Novosibirsk, 1969. From 99.
HISTORY OF STATE AND LAW
EVSEEV Ivan Valentinovich
Ural Institute of Management, branch of the RANEPA under the President of the Russian Federation
FROM THE HISTORY OF THE VERKHNEURALSKAYA PRISON: HYPOTHESES OF THE MARTYRDOM OF PETER KRUTITSKY
This article discusses the issue of revealing some features of the historical development of the Russian state, reflected in the life path of Peter Polyansky. When studying known facts from open sources, the author comes to the conclusion that the execution of Peter Polyansky was predetermined by the circumstances. By this time, three significant events had taken place in society and the state, in accordance with which a decision was made to liquidate Pyotr Polyansky.
The first event reflected the changes that had come about in the administration of the Orthodox church and the appointment of a new locum tenens of the patriarchal throne in place of P. Polyansky. Representatives of the obnavlenchesky church went for rapprochement with the new government. It so happened that at first Metropolitan Sergius was proclaimed Locum Tenens, then, after some time, the sentence against P. Polyansky was carried out.
The second event was reflected in the fact that in the autumn of 1937 a new accusatory case appeared against the clergy of the Chelyabinsk region. All of them were exposed as “participants in the counter-revolutionary insurgent terrorist organization of churchmen, the Party of Oppressed Christians.” During the investigation of this case, many other cases were added to it. The case against Metropolitan P. Polyansky was combined with other cases of the clergy of the Omsk and Chelyabinsk regions on charges of Bishop Anthony Milovidov and 127 other priests. On September 1, 1937, an indictment was prepared against Polyansky in the investigative case of D. P16935. A special “troika” at the UNKVD in the Chelyabinsk region approved the verdict on October 2, 1937.
The third part reflects the changes in politics and law that led to the emergence of extrajudicial troikas for sentencing. At that time, everything in the USSR was subordinated to the fulfillment of the five-year plans. The state needed money and people to fulfill its tasks. The state again turned to the experience of the past – repression, but with more stringent measures, including a change in the system of institutions for the execution of punishment. Political isolators and prisons were closed due to the inability to use these institutions in the implementation of economic plans.
By comparing the facts, we can confidently say that the execution was carried out in the Verkhneuralsk prison, but at the same time it is not possible to find the burial place. The sentence was carried out in the Verkhneuralsk prison. This is indirectly confirmed by the orders for the prison, which indicated that the stages from the prison for September-October were not organized. And the organization of the stage was troublesome because of the lack of equipment for transportation. To this is added that in recent months, Pyotr Polyansky did not get up due to a serious illness that could lead to his death in case of transportation. The authorities did not want this. Most likely, the authorities should have punished Pyotr Polyansky with death for his inflexibility.
But, in this case, the question arises about the place of burial. If we believe the statements of the veterans of the institution and the opinions of local historians, then the executed were taken to the old cemetery and buried in one mass grave.
Keywords: metropolitan, locum tenens, prison, repressive policy, burial place.
Reference bibliographic list
1. Archive of the President of the Russian Federation AP RF. – F. 3. – Op. 24. – D. 489. – L. 2, 7-14. Script. Typescript.
2. Archive of current documents. Magnitogorsk prison. Books of orders 1936-1938. – F. 10. – Op. 1. – D. 2. – L. 42-47.
3. Voice of the Lithuanian Orthodox Diocese. – 1937. – No. 3–4. – S. 21-22.
4. State Archive of the Russian Federation (GA RF). – F. P-9401. – Op. 1. – D. 463. – L. 381.
5. GARF. – F. R7523. – Op. 7. – D. 232. – L. 116-128.
6. Grebenshchikova I. V. On the question of the activities of the “troikas” of the NKVD of the USSR during the years of mass repressions (1937-1938) on the territory of the Sverdlovsk region // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – S. 24-30.
7. Evseev I. V. Pages of the history of the Verkhneuralsk prison. – Yekaterinburg, 1997. – 152 p.
8. Abbot Damaskin (Orlovsky). Martyrs, confessors and ascetics of piety of the Russian Orthodox Church of the XX century. Biographies and materials for them. Book 2. – Tver, 2001. – S. 341-369.
9. Kara-Murza S. G. Soviet civilization from the beginning to the Great Victory. – M.: Eksmo: Algorithm, 2004. – 637 p.
10. Lezina E. The Cheka and its successors: methods of terror and practices of discrimination // Bulletin of Public Opinion. – 2017. – No. 3-4 (125).
11. From the speech of Comrade Yezhov. March 2, 1937. Materials of the February-March Plenum of the Central Committee of the All-Union Communist Party of Bolsheviks in 1937 ”March 2, 1937. Evening session // Questions of history. – 1994. – No. 10. – S. 13-27.
12. Mazyrin A. Local Council 1917-1918. and the question of the succession of patriarchal power in the subsequent period (until 1945) // Vestnik PSTGU II: History. History of the Russian Orthodox Church. – 2008. – Issue. 11:4(29). – S. 35-51.
13. Operational order of the NKVD of the USSR dated July 30, 1937 No. 00447 “On the operation to repress former kulaks, criminals and other anti-Soviet elements” // Archive of current documents of the Magnitogorsk prison. Books of orders 1934-1937. – F. 10. – Op. 1. – D. 1.
14. Order of the NKVD of the USSR No. 00122 “On the transfer of correctional labor institutions of the NKJ of the Union republics to the NKVD of the USSR.” October 29, 1934 Copy // GULAG: Main Directorate of Camps. 1918-1960. – M., 2000. – S. 233-234.
15. Rehabilitation: how it was. Documents of the Presidium of the Central Committee of the CPSU and other materials. In 3 volumes. Volume 1. – S. 303-307.
16. Khudoborodov A. L., Yashina M. A. Repressive policy of the Soviet state towards the Russian Orthodox Church (1920-1930s) // Bulletin of the South Ural State University. – 2011. – No. 30. – S. 61-65.
17. Yakovleva A. N. According to relics and oil: [crimes of the CPSU against the peoples of Russia]. – Moscow: Eurasia, 1995. – 191 p.
18. Verkhneuralsky necropolis: [to the 285th anniversary of the city of Verkhneu dedicated to ralsk / authors – V. Ashitkov, A. Vernigorov] – Verkhneuralsk; Magnitogorsk, Magnitogorsk Press House, 2020. – 112 p.
19. Chronicle // Church life. – 1937. – No. 4-5. – S. 72-73.
20. Condolences of the Heads of the Orthodox Churches // Church Life. – 1937. – No. 7-8. – S. 100-102.
21. Gentle A. Investigation. Third name // Spark. – No. 4. – 1992. – S. 4-5.
22. Evseev I. V., Smykalin A. S. Verkhneuralsky political isolator (“special” prison) // Questions of history. – 2008. – No. 3. March. – C. 83-91.
HISTORY OF STATE AND LAW
MAMMADOV Tamiz Saleh oglu
postgraduate student of the Peoples’ Friendship University of Russia
FORMATION OF A POLICY IN THE FIELD OF DISASTER MANAGEMENT APPLIED IN THE REPUBLIC OF TURKEY
The legal norms concerning the organization of disaster management in the Republic of Turkey undergo changes after each natural event that has occurred through the adoption of a special law relating to this event. A turning point in the improvement of legal norms in the field of prevention and elimination of natural disasters in Turkey was the earthquake in the Marmara Sea in 1999. This earthquake, which caused enormous loss of life and widespread damage, revealed the shortcomings of the system for the prevention and elimination of natural disasters in the country and pointed to the need to develop a new policy that corresponds to the evolving approach to managing natural disasters in the world. Immediately after the earthquake in the Sea of Marmara, a large number of laws and regulations were issued in the shortest possible time, including Resolution No. 4452 “On measures to combat natural disasters and measures to eliminate damage caused by natural disasters.”
In this study, the disaster management policy applied in the Republic of Turkey will be considered taking into account existing legal norms.
Keywords: disaster, policy on natural disasters, legal regulation.
Reference bibliographic list
1. Doğan B. Türkiye’de Afet Yönetim Politikalarının Analizi: Paydaşlar. Etkinlik ve Sorunlar.
2. Sakarya Universitesi 6. Kamu Politikaları Çalıştayı Bildiriler Kitabı, 16-18. Eylul, 2015.
3. Ergünay O. Afet Yönetimi: Genel İlkeler, Tanımlar, Kavramlar. Acil ve Afet Dergisi, Cilt. 2.
4. SayI. 4, Acil ve Afet Dernegi. Ankara, 2014.
5. Fani R. Erciş Depremi Özelinde Türkiye’de Afet Yönetimi. YYÜ SBE Kamu Yönetimi Ana.
6. Bilim Dalı, Yayımlanmamış Yüksek Lisans Tezi. Van, 2014.
7. Gürlek Y. Türkiye’de ve Dunya’da Deprem Sigortacılığı”. İstanbul Teknik Universitesi Fen.
8. Bilimleri Enstitusu. Yayınlanmamış Yuksek Lisans Tezi. Haziran, 2006.
9. Press F., Hamilton R. M. Mitigating Natural Disasters, Science, Vol. 284, Issue: 5422, 1999. – [Electronic resource]. – Access mode: http://science.sciencemag.org/content/284/5422/1927.
10. Shahin A. U. Afet Yönetimi Faaliyetlerinin Kamu Hizmeti Kavramı Çerçevesinde. 2014.
11. Degerlendirilmesi. Tesam Akademi Dergisi. Temmuz, 1(2).
12. Taylan A. Zorunlu Deprem Sigortası ve Kentsel Risk Yönetimi. Planlama Dergisi, TMMOB.
13. Shehir Plancıları Yayını, Sayı:2007/2, Yıl: 2007.
14. Türkiye Afet Yönetimi Strateji Belgesi, 10.06.2015.
HISTORY OF STATE AND LAW
ANTONENKO Tatyana Fyodorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
BERDNIKOVA Svetlana Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
ORLOVA Svetlana Vladimirovna
senior lecturer, of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
MISSIONARY ACTIVITY OF THE RUSSIAN ORTHODOX CHURCH AMONG MUSLIMS IN WESTERN SIBERIA IN THE XIX CENTURY
The articles considers missionary activities of the Russian Orthodox Church among Muslims of Western Siberia. The basis of the analysis of the contents of concrete historical materials. The authors clue interdependence between the state migration policy and Christianization of Muslims, characterize methods and forms of the activities and analyze its problems.
Keywords: Islam, confessions, missionary program, Macarius Gluckharev, archimandrite, missionary structures, Holy Synod.
Reference bibliographic list
1. Alekseev I. L. Islam. Some features of its evolution and the political and legal status of Islam and Muslims in the Russian Empire in the 19th – early 20th centuries. (On the question of the mutual influence of civilizational logics in Russian history) // Religious Studies. – 2002. – No. 2. – S. 19-40.
2. Basilov V. N., Karmysheva D. Kh. Islam among the Kazakhs until 1917 – M., 1997.
3. Vekshina N. M. Activity of the Russian Orthodox Church in Siberia and the Far East in the second half of the 19th century. Abstract dis. … cand. philosopher. Sciences. – St. Petersburg, 2014.
4. Glukharev M. Thoughts on ways to further spread the Christian faith among Jews, Mohammedans and pagans in the Russian Empire. – M., 1894.
5. GUTO GA in Tobolsk. – F. 156. – Op. 29. – D. 26. – L. 2.
6. Dideas of the Fifth Missionary Congress. – M., 1917.
7. Eliseev E. Missions of the Tobolsk Diocese // Church Gazette. – 1906. – No. 41.
8. Eliseev E. Missionary Chronicle // TEV. – 1912. – No. 5. – S. 75-80.
9. Efimov A. B. Essays on the history of missionary work in the Russian Orthodox Church. – M .: Publishing House of the Moscow Patriarchate, 1989. – 688 p.
10. Karev A. The main factors that contributed to the emergence and development of the brotherhood of Evangelical Christians-Baptists in Russia // Brotherly Bulletin. – 1957. – No. 4. – S. 5-39.
11. Mavlyutova G. Sh. Missionary activity of the Russian Orthodox Church in Northwestern Siberia in the 19th – early 20th centuries. Diss. cand. ist. Sciences. – Tyumen, 1999.
12. Mikhailov G. Missionary department: From the diary of an employee of the anti-Muslim mission, priest Gury Mikhailov // TEV. – 1907. – No. 7.
13. Oktyabrskaya I. V. Islam and Orthodoxy in Altai. History and specifics of the dialogue // Siberia at the crossroads of world religions. Materials of the interregional scientific-practical conference. – Novosibirsk, 2005.
14. Pastoral Epistle of the Bishops of the Orthodox Greek-Russian Church // TEV. – 1886. – No. 10-11.
15. Sofronov V. Yu. Missionary activity of the Russian Orthodox Church in Western Siberia in the late 17th – early 20th centuries. Dis. … doc. ist. Sciences. – Barnaul, 2007. – 405 p.
16. Skvortsov V. M. Acts of the III Missionary Congress in Kazan. – M., 2011.
17. Skvortsov V.M. Missionary Staff. – St. Petersburg, 1912.
18. Sultangaliyeva A. The evolution of Islam in Kazakhstan // Voronezh Turkic cultural collection. – Voronezh, 2007. – Issue. 7.
19. Tomsk Diocesan Gazette. – 1882. – No. 10.
20. Tomsk Diocesan Gazette. Missionary department. – 1906. – No. 11.
21. Fedorov V. A. Russian Orthodox Church and state. Synodal period 1700-1917. – M. 2003.
22. Center for the storage of the archival fund of the Altai Territory; TsHAF A.K. – F. 164. – Op. 1. – D. 14.
23. CHAF. – F. 164. – OP. 1. – D. 48.
HISTORY OF STATE AND LAW
GERASIMENKO Artem Aleksandrovich
adjunct of the Academy of MIA of Russia
MANAGEMENT OF BODIES FOR COMBATING ECONOMIC CRIMES IN THE USSR OF THE POST-WAR PERIOD
The articles considers the activities of the bodies for combating economic crimes (Departments for combating theft of socialist property (OBKhSS)) in the post-war period (1945-1953). In the process of writing the article, theoretical and practical materials on a given topic were studied. Based on the study of the relevant regulatory material, practice, changes in the management system and activities of the OBKhSS are shown. During the specified time period, the vector of the criminal law policy pursued by the state changes in the aspect of strengthening the protection of socialist property.
Keywords: socialist property, criminal law policy, embezzlement, speculation, criminal liability, public property, OBKhSS.
Reference bibliographic list
1. Petrov N., Jansen M. “Stalin’s pet” – Nikolai Yezhov. – M.: ROSSPEN, 2008. – S. 252-289.
CONSTITUTIONAL LAW
ARTYSHKO Kirill Vladimirovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
OZEROV Oleg Eduardovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
ON THE LEGALIZATION (LEGITIMIZATION) OF RELIGIOUS (CONFESSIONAL) MARRIAGES IN RUSSIAN FEDERATION
In the article the authors consider the question of possible historical, cultural and other reasons, preconditions and consequences of the legitimization of confessional marriages in modern Russian realities. Attention is paid to the contradiction of the principle of the secular state to this novelty. The advantages of confessional marriage and its popularization in society in the light of negative trends in marriage and the state policy in the field of preserving and strengthening traditional Russian spiritual and moral values are being investigated. Russian and foreign statistical and sociological studies of the institution of marriage, including religious marriage, are analyzed. The conclusions substantiates the special nature and influence of marriage concluded through religious ceremonies on the institution of marriage in general, emphasizing the need to adopt the novelty to prevent its degradation.
Keywords: religious marriage, family law, church marriage, marriage, institution of marriage, family institution, religious associations, traditional values, solemnization of marriage, marriage registration.
Reference bibliographic list
1. Gongalo B. M., Krasheninnikov P. V., Mikheeva L. Yu., Ruzakova O. A. Family law: Textbook / Ed. P. V. Krasheninnikova. M.: Statut, 2008. 302 p.
2. Archpriest Vladislav Tsypin. Canon law. M.: Publishing House of the Sretensky Monastery, 2009. 864 p. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Vladislav_Tsypin/kanonicheskoe-pravo/6 (date of access: 01.01.2023)
3. Trofimets I. A. State registration and confessional form of marriage in Russia and abroad // Bulletin of the Khabarovsk State University of Economics and Law. 2011. No. 1.
4. Federal Law “On freedom of conscience and religious associations” dated September 26, 1997 No. 25-FZ // Collection of Legislation of the Russian Federation. No. 39. Art. 5, paragraph 2, as amended and supplemented, as amended on December 05, 2022.
5. Vakhromeeva O. B. Church form of marriage in pre-revolutionary Russia // Actual problems of the humanities and natural sciences. 2014. No. 1-1.
6. Gavrish I. V. Giving religious marriage the status of a marriage registered with the registry office. Text: direct // Family and housing law. 2019. No. 3.
7. Marriages and divorces: Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/12781 (Accessed 01.01.2023)
8. Decree of the President of the Russian Federation of November 9, 2022 No. 809 “On approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values” // Official Internet Portal of Legal Information [Internet Portal]. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202211090019 (date of access: 01/01/2023).
9. Semenova L.V. Family. Concept, types, structure, problems. — Text: direct // Fundamental and applied research: problems and results. 2015. No. 18.
10. Osipova I. The attitude of the Orthodox to the wedding ceremony. — Text: electronic // Public Opinion Foundation (FOM): [website]. – [Electronic resource]. – Access mode: https://fom.ru/blogs/10742 (date of access: 01/01/2023).
11. Johnson C. A., Stanley S. M., Glenn N. D., Amato P. A., Nock S. L., Markman H. J. and Dion M. R. Marriage in Oklahoma: 2001 Baseline Statewide Survey on Marriage and Divorce. [Electronic resource]. – Access Mode: https://www.researchgate.net/publication/240108285_Marriage_in_Oklahoma_2001_baseline_statewide_survey_on_marriage_and_divorce
12. Bradford W. Wilcox and Elizabeth Williamson, “The Cultural Contradictions of Mainline Family Ideology and Practice,” in American Religions and the Family, edited by Don S. Browning and David A. Clairmont (New York: Columbia University Press, 2007) p. 50.
CONSTITUTIONAL LAW
SISAKYAN Arus Kachperonovna
Ph.D. in Law, associate professor of the Department of Education of the Troitsk branch of the Chelyabinsk State University
CONSTITUTIONAL CONSCIOUSNESS IS THE HIGHEST FORM OF LEGAL CONSCIOUSNESS IN SOCIETY AND THE STATE
The author of the article focuses on the dominant role of constitutional legal awareness, which affects the process of legal understanding and interpretation of the Constitution and the current legislation of the Russian Federation. The reasons preventing the achievement of a high level of constitutional legal awareness are analyzed. The necessity of studying the constitutional legal consciousness is explained. In the process of forming a sufficient level of constitutional legal awareness, it should be remembered that it is necessary to popularize legal knowledge among the Russian population.
Keywords: Constitution of the Russian Federation, constitutional legal consciousness, defects of constitutional legal consciousness, democratic and legal state, constitutionalism, constitutional ideology, and constitutional psychology.
Reference bibliographic list
1. Matuzov N.I. Legal nihilism and legal idealism as two sides of the same coin // Jurisprudence. – 1994. – No. 2. – S. 5.
2. Dobrynin N. M. Constitutionalism and the paradigm of public relations in Russia: historical experience, conformism or the inevitability of change // Constitutional and municipal law. – 2020. – No. 1. – P. 3.
3. Barinov E. E. Constitutional legal consciousness in the Russian Federation. Dis. … cand. legal Sciences: 12.00.02. – Rostov-on-Don, 2001. – 209 p.
4. Kravets I. A. Formation of Russian constitutionalism (problems of theory and practice). – Moscow – Novosibirsk: YuKEA Publishing House LLC, 2002. – S. 328.
5. Mamitova N.V. Constitutional legal consciousness in Russian society as a factor in the implementation of constitutional ideas in Russia // Constitutional and municipal law. – 2005. – No. 4
6. Bondar N. S. Judicial constitutionalism: doctrine and practice: Monograph. 2nd ed., revised. – M.: Norma; INFRA-M, 2016. – S. 24.
7. Avdeev D. A. Constitutionalization of legal thinking of citizens as a condition for ensuring human rights // Constitutional and municipal law. – 2017. – No. 4. – P. 21.
ADMINISTRATIVE LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Dagestan State University
PROBLEMS OF ADMINISTRATIVE REFORM AND WAYS TO SOLVE THEM AT THE LATEST STAGE OF DEVELOPMENT OF RUSSIAN PUBLIC ADMINISTRATION
The article is devoted to the analysis of the problems of carrying out administrative reform in accordance with the goals set in the modern period of Russian statehood.
The author reveals that the tasks of modern administrative transformations are not always solved effectively. It is also stated that the administrative reform, being a breakdown of the established model of functioning of administrative bodies, objectively represents a problem that is relevant not only for Russia, but also for other states of the world community.
The article describes a number of problems that arise in the process of administrative transformations and suggests options for their solution.
Keywords: administrative reform, transformation, federal ministries, federal services, federal agencies, functions, public administration, law enforcement.
Reference bibliographic list
1. Genzyuk E. E., Shmaliy O. V. On the issue of control and supervisory functions of executive authorities // Gaps in Russian legislation. – 2012. – No. 6. – S. 211.
2. Zavertkina E. V., Kurakin A. V., Karpukhin D. V. Problems of delimitation of functions of federal executive authorities as a result of administrative reform // Modern law. – 2018. – No. 1. – S. 19.
3. Perov S. V. Supervisory and regulatory functions of federal executive authorities: problems of differentiation in the context of administrative reform // Lex russica. – 2019. – No. 2. – S. 71.
4. Starostin S. A. Administrative reform in the Russian Federation: preliminary results, problems and prospects // Proceedings of the annual Vseros. scientific-practical. conferences dedicated to memory of d. yu. n., prof., merit. scientist of the Russian Federation V. D. Sorokin (March 15, 2013): at 2 o’clock – St. Petersburg: Publishing House of St. Petersburg. University of the Ministry of Internal Affairs of Russia, 2013. – Part 1. – P. 25.
5. Umanskaya V. P. The system of legal acts of executive authorities: theoretical and applied aspects: Dis. … doc. legal Sciences. – M., 2014. – S. 246-248.
ADMINISTRATIVE LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Public law sub-faculty of the Institute of Law of the Samara State University of Economics
GOLUBTSOVA Kseniya Ivanovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
ON THE ISSUE OF THE APPLICATION OF ADMINISTRATIVE PREVENTIVE MEASURES
The article analyzes the issues of the application of administrative offense measures. The application of administrative preventive measures is carried out directly at the moment of the commission of an illegal act, while the application of such measures does not require the establishment of the offender’s guilt. All administrative measures aimed at suppressing offenses and crimes are designed to stop the illegal act being committed, to prevent the onset of socially dangerous consequences. Administrative preventive measures impose on officials the use of special methods and means to prevent the illegal act being committed. The implementation of these measures is a necessary tool to protect the life and health of citizens. The problem of observance of the rights and freedoms of citizens in the activities of law enforcement agencies for a long time continues to be the object of study of many scientists and practitioners, since this topic is currently little explored.
Keywords: measures of administrative restraint, illegal act, administrative offense, offender, official, citizen.
Reference bibliographic list
1. Vechernikova D. V., Koptsov S. V. Problems of the application of delivery as a measure of administrative restraint, carried out by employees of the private security forces of the National Guard of the Russian Federation // Society and Law. – 2021. – No. 1 (75). – S. 84.
2. Belikova S. B., Marzaganova A. M. Measures of administrative restraint implemented by police officers to counter juvenile delinquency // Innovations. The science. Education. – 2021. – No. 29. – P. 515.
3. Kainov V. I., Shenshin V. M. On the legal regulation of some measures of administrative restraint applied by law enforcement agencies: innovations in administrative law // Law in the Armed Forces – Military Legal Review. – 2022. – No. 6 (299). – S. 33.
4. Gubareva T. I., Trusov A. I., Efimov A. A. Conceptualization of the institution of coercion in administrative law science // Legal education and science. – 2022. – No. 9. – P. 37.
5. Keshishyan A. V. Measures of administrative restraint in the field of road safety // International Journal of the Humanities and Natural Sciences. – 2021. – No. 5-4 (56). – P. 17.
6. On the system and structure of federal executive authorities: Decree of the President of the Russian Federation of March 09, 2004 No. 314 // Official Internet portal of legal information. – [Electronic resource]. – Access mode: www.pravo.gov.ru (date of access: 01/10/2023).
ADMINISTRATIVE LAW
PLEKHANOVA Elena Alexandrovna
Ph.D. in economical sciences, associate professor of the Russian Research Institute of Economics, Policy and Law in the Scientific and Technical Field (RIEPP), Moscow
RUDNITSKAYA Anastasia Pavlovna
Ph.D. in political sciences, associate professor of the Russian Research Institute of Economics, Policy and Law in the Scientific and Technical Field (RIEPP), Moscow
AKHMETOVA Gulnur Zairovna
Ph.D. in economical sciences, associate professor of the Russian Research Institute of Economics, Policy and Law in the Scientific and Technical Field (RIEPP), Moscow
DEVELOPMENT OF A DRAFT LIST OF DOCUMENTS GENERATED IN THE COURSE OF THE ACTIVITIES OF THE MINISTRY OF EDUCATION AND SCIENCE OF RUSSIA AND ITS SUBORDINATE ORGANIZATIONS, INDICATING THE PERIODS OF STORAGE
In modern conditions, it seems relevant to draw up a departmental list of documents, which will form the basis of the document flow of the Ministry of Education and Science of Russia and its subordinate organizations. The proposed study is an attempt to summarize the historical experience of compiling lists of documents, to consider approaches to compiling a departmental list using the example of the Russian Ministry of Education and Science and its subordinate organizations, and the stages of its development. The study is not only theoretical in nature, but also has practical significance, since the results obtained can be applied by the Ministry of Education and Science of Russia and its subordinate organizations, other federal executive authorities, other subjects of the scientific, scientific, technical and educational sphere for record keeping, drawing up standard nomenclatures cases indicating the periods of storage, in the development of consolidated, individual nomenclatures of the files of organizations, examination of the value of documents for selection for temporary / permanent archival storage.
Keywords: list of documents, storage period, link scheme of the list of documents, nomenclature of cases, management documentation, education, science, legal regulation.
Reference bibliographic list
1. Afanas’eva L. P., Murav’eva N. A., Savostina E. A. Features of creation and application of departmental lists of documents with retention periods at the present stage. Vestnik VNIIDAD. 2019. No. 5. S. 13-21.
2. Samsonova T. N. Document management in the aspect of the development of the regulatory framework for office work // Altai Bulletin of the State and Municipal Service. 2021. No. 19. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/upravlenie-dokumentami-v-aspekte-razvitiya-normativnoy-bazy-deloproizvodstva (date of access: 09/20/2022).
3. Russia refuses the Bologna system – bachelor’s and master’s degrees. – [Electronic resource]. – Access mode: https://lenta.ru/articles/2022/05/26/bolonsky (date of access: 11/10/2022)
4. Soldatova S. E., Ushakova S. E. Analysis and development of a methodological approach to the formation of the structure of the list of documents regulating the scientific and technical sphere, formed in the course of the activities of federal executive authorities and their subordinate organizations. Upravlenie naukoi i scientometriya. 2021. No. 4.
5. Burova E.M. Lists of documents with periods of storage // Paperwork and document management at the enterprise. 2009. No. 3. S. 52-62.
6. Meshcherina, T. A. A list of typical administrative archival documents generated in the process of activities of state bodies, local governments and organizations, indicating the terms of their storage: history of preparation, main provisions // Otechestvennye archives. 2020. No. 5. S. 37-43.
7. Albrekht B. V., Romanova E. A., Simonova E. R. New “List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the terms of their storage” // Bulletin of VNIIDAD . 2020. No. 3. S. 8-20.
ADMINISTRATIVE LAW
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
YURTAEV Vyacheslav Alexandrovich
student of the Law School of the Far Eastern Federal University
SERGEEVA Kseniya Alexeevna
student of the Law School of the Far Eastern Federal University
THE POWERS OF THE FEDERAL TAX SERVICE TO IDENTIFY AND DISCLOSE TAX CRIMES: EXPANDABLE, CANNOT BE LIMITED
The purpose of this work is to analyze the current legislation and law enforcement practice in the Russian Federation in order to develop proposals for improving the powers of the Federal Tax Service in the field of detecting and disclosing tax crimes. The authors critically assess the current position of the Federal Tax Service in this process, propose conceptually new areas of activity of the body, and also provide a comparative and retrospective analysis of the activities of the bodies of the Federal Tax Service of the Russian Federation and the bodies of the Federal Tax Service. The results obtained are proposed for use in the further activities of the legislator to reform and transform the activities of the Federal Tax Service, as well as to improve interdepartmental cooperation in the field of combating tax crimes. Based on the results of scientific modeling, the authors formulated conclusions, on the basis of which specific changes are proposed to the regulatory framework of the Russian Federation.
Keywords: operational-search activity, operational-search activity in the FTS, tax crimes, tax police, detection of tax crimes, powers of the FTS, interaction between the Federal Customs Service and the FTS.
Reference bibliographic list
1. Annual message of the President of the Russian Federation to the Federal Assembly for 2022. [Electronic resource]. – Access mode: http://duma.gov.ru/news/51307 (date of access: 11/12/2022).
2. Report on the number of convicts for all offenses of the Criminal Code of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/userimages/10-a/10-a-svod-2021.xls (date of access: 11/15/2022).
3. The state of crime in the Russian Federation for January-December 2021. [Electronic resource]. – Access mode: https://img-cdn.tinkoffjournal.ru/-/sb_21_12.pdf (accessed 11/16/2022).
4. Efimova VV Forensic features of modern tax crimes and their difference from other tax offenses // Taxes. – 2022. – No. 1. – S. 39.
5. Bazhanov S. V. A brief digression into the recent history of the tax authorities of the Russian Federation // Business Security. – 2020. – No. 3. – S. 55.
ADMINISTRATIVE LAW
POSULIKHINA Natalya Semyonovna
Ph.D. in Law, senior lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
ACTUAL PROBLEMS OF PROVIDING MEDICAL CARE USING TELEMEDICINE TECHNOLOGIES
The article deals with the problems of realizing the rights of citizens to affordable and high-quality medical care, including using telemedicine technologies. At present, the issue of the legal status of telemedicine technologies has not been fully resolved, which creates serious risks of violating the rights of citizens in this area. It is shown that in order to improve the mechanisms of legal protection of the above categories of citizens, the legislator needs to distinguish between the provision of medical care using telemedicine technologies and other forms of digital (remote) interaction between a doctor and a patient. The author also substantiates the need to specify the legal status of telemedicine services in the overall structure of medical care provided to citizens of the Russian Federation.
Keywords: telemedicine technologies, rights protection, digital interaction, artificial intelligence, information system operator.
Reference bibliographic list
1. Arkhipov V. V., Naumov V. B. Artificial intelligence and autonomous devices in the context of law: on the development of the first Russian law on robotics // Proceedings of SPII RAN. – 2017. – Issue. 6 (55). – S. 50.
2. Gadzhiev G. A. Is a robot agent a person? (search for legal forms for regulating the digital economy) // Journal of Russian Law. – 2018. – No. 1 (253). – P. 17.
3. Gadzhiev G. A., Voinikanis E. A. Can a robot be a subject of law (search for legal norms for regulating the digital economy)? // Right. Journal of the Higher School of Economics. – 2018. – No. 4. – C 36.
4. Somenkov S. A. Artificial intelligence: from object to subject? // Bulletin of the University named after O. E. Kutafin (MGYuA). – 2019. – No. 2. – P. 83.
5. Tiunova A.I. Robot as a subject of legal relationship – myth or reality? // Journal of the Intellectual Property Rights Court. – 2020. – No. 2 (28). – S. 58.
ADMINISTRATIVE LEGAL PROCEEDINGS
MITYASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University
RODIN Denis Yakovlevich
Ph.D. in economical sciences, associate professor of Monetary circulation and credit sub-faculty of the I. T. Trubilin Kuban State Agrarian University
ON THE ISSUE OF PRELIMINARY PROTECTION MEASURES IN AN ADMINISTRATIVE CLAIM
The paper reveals the concept and essence of the institute of measures of preliminary protection of an administrative claim. The approaches of scientists to the concept of measures of preliminary protection of an administrative claim due to the lack of legal consolidation of this term are analyzed. The list of types of measures currently existing in the legislation is given, attention is focused on its openness. Statistical data from the website of the Judicial Department of the Armed Forces of the Russian Federation for 2019, 2020 and 2021 are analyzed. On the consideration and satisfaction by the courts of general jurisdiction of applications for the application of measures of preliminary protection of an administrative claim, it is concluded that there is an annual decline in indicators. An example is given from judicial practice on the refusal to satisfy an application for the application of measures of preliminary protection of an administrative claim. The conclusion on the research topic is formulated.
Keywords: preliminary protection measures, administrative action, types of measures, administrative proceedings.
Reference bibliographic list
1. Code of Administrative Procedure of the Russian Federation dated March 8, 2015 No. 21-FZ // SZ RF. 2015. No. 10. Art. 1391.
2. Starilov M. Yu. Measures of preliminary protection in an administrative claim: to the history of the formation of a legal institution and proceduralforms // Journal of administrative proceedings. 2021. No. 3. S. 45-58.
3. Yarkov VV Administrative proceedings: a textbook for students of legal higher educational institutions in the direction of “Jurisprudence” (specialist, bachelor, master) / Ed. ed. V. V. Yarkov; Ural. state legal un-t. 2nd ed., rev. and additional Moscow: Statut, 2021. 662 p.
4. Yastrebov OA Measures of preliminary protection as an institution of administrative proceedings // Administrative law and process. 2016. No. 12. S. 13-18.
5. On some issues of application by the courts of the Code of Administrative Procedure of the Russian Federation: Decree of the Plenum of the Supreme Court of the Russian Federation of September 27, 2016 No. 36 (as amended on December 17, 2020) // Rossiyskaya Gazeta. 03.10.2016. No. 222.
6. Report on the work of the courts of general jurisdiction at first instance on the consideration of administrative cases and the application of the institution of measures of preliminary protection of an administrative claim for 2019, 2020 and 2021 // Official website of the Judicial Department at the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/ (Date of access: 30.01.2023).
7. Cassation ruling of the First Cassation Court of General Jurisdiction dated November 12, 2019 No. 88a-458/2019 // Electronic resource. Access mode: SPS “ConsultantPlus” (Date of access: 01/30/2023).
8. Aftakhova A. V. The practice of application by courts of measures of preliminary protection in an administrative claim // Problems of administrative proceedings: International scientific and practical conference, Tver, April 19, 2017 / Ministry of Education and Science of the Russian Federation, Federal State Budgetary Educational Institution of Higher Education ” Tver State University, Faculty of Law. Tver: Tver State University, 2017, pp. 28-30.
9. Appeal ruling of the Fifth Court of Appeal of General Jurisdiction dated November 21, 2019 No. 66a-28/2019 // Electronic resource. Access mode: SPS “ConsultantPlus” (Date of access: 30.01.2023).
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ON THE ISSUE OF THE IMPLEMENTATION OF THE PROVISIONS ON THE BANKRUPTCY OF INDIVIDUALS
The article discusses the main provisions of the legislation of the Russian Federation on the bankruptcy of individuals and some problems that arise during certain insolvency procedures. The paper provides examples of the participation and involvement in court proceedings of third parties who do not declare their own claims regarding the subject of the dispute. The study examines the issues related to the possibility of fraud during the bankruptcy procedure, attempts to solve financial issues on payments to creditors at the expense of the property of bona fide purchasers. In addition, the problem of bringing third parties to court proceedings and their obligation to prove in the arbitration court the status of a bona fide acquirer, a person who has not caused harm to other significant issues by his actions, is considered.
Keywords: civil legislation, legislation on insolvency (bankruptcy), individuals, fraud, third parties.
Reference bibliographic list:
1. Ananyeva E. O., Ivliev P. V. Bankruptcy of legal entities // Eurasian legal journal. 2021. No. 4 (155). pp. 173-174.
2. Gadieva T. R., Nadolinskaya V. V. Bankruptcy of individuals in the conditions of the financial crisis // In the collection: Russian law at the present stage. Collection of scientific works of the ΧΙV International Scientific and Practical Conference. M., 2020. S. 252-256.
3. Unified federal register of bankruptcy information. – [Electronic resource]. – Access mode: https://old.bankrot.fedresurs.ru/?attempt=1 (accessed 01/10/2023).
4. Contradictions of judicial practice in cases of criminal bankruptcy. – [Electronic resource]. – Access mode: https://www.advgazeta.ru/mneniya/protivorechiya-sudebnoy-praktiki-po-delam-o-kriminalnom-bankrotstve/ (accessed 01/10/2023).
CIVIL LAW
DAMBAEVA Isabella Vladimirovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Ural State Law University
ON THE ISSUE OF THE FUNCTIONS OF A NOTARY IN CIVIL CIRCULATION
This article analyzes the novelties of the legislation to expand the functions of a notary in the field of civil circulation. On the basis of legislation and law enforcement practice, it was concluded that the relevant activity of the legislator is aimed at a deeper involvement of the notary in civil circulation. At the same time, the development of electronic technologies in the notary is of great importance.
Keywords: civil circulation, civil legislation, notary, functions of a notary, transactions, electronic document management.
Reference bibliographic list
1. Ponomarev S. S. The concept of notaries and notarial activities in the current Russian legislation // Economics, sociology and law. – 2017. – No. 12. – P. 40-42.
2. Iutin Yu. V. Priorities and key tasks for the development of notaries for 2019-2023 // Notarial Bulletin. – 2018. – No. 10-11. – P. 4-6.
3. On amendments to certain legislative acts of the Russian Federation: Federal Law of the Russian Federation of December 29, 2015 No. 391-FZ // Consultant Plus.
4. On Amendments to Article 256 of Part One and Part Three of the Civil Code of the Russian Federation: Federal Law of the Russian Federation No. 217-FZ of July 19, 2018 // Consultant Plus.
5. On the state registration of real estate: federal law of July 13, 2015 No. 218-FZ // Collection of legislation of the Russian Federation. – 07/20/2015. – No. 29 (part I). – Art. 54.
6. Chashkova S. Yu. Certification by a notary of transactions related to the disposal of real estate under guardianship, as well as transactions for the alienation of real estate belonging to a minor // Laws of Russia: experience, analysis, practice. – 2017. – No. 3. – P.41-47.
7. Tatarintseva E. A. Functions of a notary in the emergence and development of legal relations for the upbringing of children in a family // Notary. – 2015. – No. 1. – S. 27-31.
8. Kuznetsov P. U. Information technologies in legal activity: a textbook for universities. 3rd ed., revised. and additional Moscow: Yurayt Publishing House, 2021. 325 p. // Educational platform Urayt. – [Electronic resource]. – Access mode: https://urait.ru/bcode/468537 (date of access: 01/24/2023).
9. Medvedev I. G. Handbook of a notary: In 4 volumes, 3rd ed., revised. and additional – M.: Statute, 2015. Vol. 1: Organization of notarial business. – 717 p.
10. Gazizullina L. Z., Sboeva I. M. Notarial form of transactions with real estate as an effective tool for protecting the rights of citizens // Economics in a changing world. Collection of scientific articles. – Kazan, 2019. – S. 290-294.
11. On amendments to certain laws Acts of the Russian Federation: Federal Law No. 339-FZ of July 14, 2022 // Consultant Plus.
12. Akhmedova M. K. Modern problems of the development of notaries in the Russian Federation // In the collection: Results of modern scientific research and development. Collection of articles of the IX All-Russian Scientific and Practical Conference. – 2020. – S. 88-91.
13. On an alternative procedure for resolving disputes with the participation of an intermediary (mediation procedure): Federal Law of the Russian Federation of July 27, 2010 No. 193-FZ // Consultant Plus.
14. Gorina A. V. Possibilities of notaries in the field of extrajudicial protection of the rights and legitimate interests of citizens and legal entities // International Journal of the Humanities and Natural Sciences. – 2020. – No. 10-3 (49). – S. 49-51.
CIVIL LAW
SERGEEVA Ksenia Alexeevna
student of the Law School of the Far Eastern Federal University
YURTAEV Vyacheslav Alexandrovich
student of the Law School of the Far Eastern Federal University
VRONSKAYA Mariya Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Far Eastern Federal University
DELETING A CUSTOMER REVIEW: LEGAL REGULATION AND JURISPRUDENCE
The purpose of the work is to analyze the nature of a review on the Internet, which has developed in judicial practice; formulating the grounds for deleting the published review and the prospects for their improvement. This study is relevant due to the presence of debatable opinions in doctrine and judicial practice regarding the nature of expressing one’s opinion on the Internet, providing the opportunity to edit published reviews and their impact on the business reputation of a legal entity. The subject of the study is legislation and judicial practice to the chosen issue. The absence of a clear position of the courts regarding this institution was revealed, which is why the authors propose options for updating the current legislation.
Keywords: feedback, Internet, business reputation, deletion of feedback, expression of an objective opinion, inconsistency of information with reality.
Reference bibliographic list
1. Case No. А07-34887/2019. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card/9ee1519e-3cef-412d-bcfd-052b2ae9dcd7 (date of access: 11/11/2022).
2. Case No. А60-12162/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/6hclP4vQBPYl (date of access: 11/15/2022).
3. Yanushevskaya Yu. I. Institute of defamation // Scientific research of the XXI century. – 2022. – No. 3 (17). – S. 195.
4. Ayupov O. Sh. Protecting the business reputation of a legal entity from defamation in the civil law of Russia: dis. … cand. legal Sciences: 12.00.03. – Tomsk, 2013. – 224 p.
5. Prokhorenko DV Responsibility of information intermediaries for defamation on the Internet // Journal of the Court for Intellectual Rights. – 2020. – No. 27. – P. 74-94
CIVIL LAW
ZAKHAROV Kirill Leonidovich
student bachelor of the 2nd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University.
SIKACH Artem Sergeevich
student bachelor of the 3rd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPUKHINA Elizaveta Sergeevna
student bachelor of the 2nd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University.
CHEKULAEV Sergey Sergeevich
Ph.D. in of Law, associate professor of Civil law and process sub-faculty of the Law School of the Far Eastern Federal University
COMPARATIVE LEGAL ANALYSIS OF CHILD PROTECTION INSTITUTIONS IN THE RUSSIAN FEDERATION AND PEOPLE’S REPUBLIC OF CHINA
The article provides a description and analysis of the Russian and Chinese Institute for the Protection of Children with references to legislation, considers the peculiarities of the social structure and analyzes the role of the state and non-state entities in protecting the legitimate rights and interests of children. The main purpose of this research is to derive common provisions and differences that will help to derive the most effective measures and powers that are necessary for the institution of child protection. Analyzing the current integration trends, it is concluded that there is a need for closer international cooperation between both countries to protect children, especially the possibility of concluding an international treaty between the Russian Federation and the PRC on adoption.
Keywords: guardianship and guardianship authorities, juvenile justice, legislation, competence, responsibility, prevention, orphanhood, organization of orphans, adoption.
Reference bibliographic list
1. Sergeev A. P. Civil law: Textbook. Part 1 / Ed. prof. Sergeeva A.P., Yu.K. Tolstoy. – M.: Prospekt, 1998. – S. 73.
CIVIL LAW
ZIMNEVA Svetlana Viktorovna
Ph.D. in Law, associate professor of the Tyumen State University
AVDEEV Kirill Olegovich
magister student of the Institute of State and Law of the Tyumen State University
THE CORELLATION OF THE DEPOSIT AND THE SECURITY DEPOSIT AS WAYS TO SECURE OBLIGATIONS IN CIVIL LAW
In this article, the authors consider the issue of the ratio of the deposit and the security deposit from the point of view of their essence as security funds.
In order to comprehensively consider the identified issue, the authors conduct a detailed analysis of the security funds under study, referring to the features of the entire institution of security in civil law, which are characteristic of each individual method of security, compare the deposit and the security deposit in terms of similarities and differences in the mechanism of action as a security tool. The authors highlight clear criteria for distinguishing the considered security funds from each other and conclude on the degree of expediency of allocating a security deposit as a separate security asset.
Keywords: methods of security, security funds, deposit, security payment, fulfillment of obligations, restorative function.
Reference bibliographic list:
1. Udalova N. M. Deposit as a way to ensure the fulfillment of obligations // Modern scientific research and innovation. – 2014. – No. 1. – P. 25-27.
2. Gasnikov KD The legal nature of the security deposit and the application of penalties and losses under the preliminary contract // Comment. practice of considering economics. disputes (judicial-arbitrary practice) / Ed. V. F. Yakovleva. – 2015. – No. 21. – P. 124-127.
3. Antsiferov O. D. Security deposit under a preliminary contract for the sale of housing // Legislation and Economics. – 2007. – No. 1. – S. 73-75.
CIVIL LAW
KIRSANOV Alexey Nikolaevich
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
GREVTSEV Nikolay Alexeevich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ABOUT SOME ASPECTS OF THE BROKER’S INTERACTION WITH THE RETAIL INVESTOR
The writing of the article was due to the large influx of retail investors into the financial market over the past few years who do not have the necessary knowledge and skills to work in the stock market. Brokers, in turn, took advantage of this situation and actively began to attract as many clients as possible to brokerage services, while allowing a significant number of abuses when interacting with clients. The article examines in detail the main problematic aspects of the broker’s interaction with a retail investor. In particular, the authors consider the issues of the content of the brokerage service agreement, explore the international experience of regulating the interaction of financial intermediaries with their clients, and also offer various options for improving domestic legislation in order to develop the Russian financial market. These proposals can be used by the legislator in the preparation of relevant regulations.
Keywords: broker, retail investor, stock market, brokerage agreement, financial market, financial intermediary.
Reference bibliographic list
1. Afanasyeva Yu., Analyst of FINAM Group of Companies, “How to conclude a brokerage agreement” // Finam, article dated 07/17/2019. [Electronic resource]. – Access mode: https://www.finam.ru/education/likbez/kak-pravilno-zaklyuchit-brokerskiiy-dogovor-20190423-143842/.
2. Overview of key indicators of professional participants in the securities market for 2020. Information and analytical material. Bank of Russia, 2021. [Electronic resource]. – Access mode: https://cbr.ru/Collection/Collection/File/32068/review_secur_20.pdf.
3. Berzon N. I. The securities market: a textbook for academic undergraduate studies / Under the general editorship of N. I. Berzon. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2019.
4. Tatyannikov V. A. The securities market: a textbook under the general. ed. V. A. Tatyannikova; Ministry of science and higher arr. Ros. Federation, Ural. state economy un-t. – Yekaterinburg: Ural Publishing House. un-ta, 2019.
5. Decision of the Ninth Arbitration Court of Appeal dated March 24, 2015 No. 09AP-5811/2015 in case No. A40-135751/14 // ATP ConsultantPlus.
6. Resolution of the Ninth Arbitration Court of Appeal dated May 11, 2016 No. 09AP-15805/2016 in case No. A40-4686/16 // ConsultantPlus ATP.
7. Bank of Russia Ordinance No. 5350-U, dated December 10, 2019, “On the tabular form of the terms and conditions of a loan agreement, a loan agreement concluded with an individual for purposes not related to their business activities, and the borrower’s obligations under which are secured by a mortgage, the list of which defined by paragraphs 1 – 13, 15 and 16 of part 9 of Article 5 of the Federal Law of December 21, 2013 No. 353-FZ “On consumer credit (loan)” // ATP “ConsultantPlus”.
8. Foreign and Russian broker: comparison, InvestProfit Transparent investment. Financial blog, 05/15/2018 [Electronic resource]. – Access mode: https://investprofit.info/zar-vs-ross-broker/?
CIVIL LAW
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
VANEEVA Mariya Andreevna
student of the Faculty of Police Training for Public Order Units of the St. Petersburg University of the MIA of Russia
ON THE ISSUE OF ADMINISTRATIVE ACTIVITIES OF THE POLICE, CARRIED OUT IN THE PREVENTION, DETECTION AND SUPPRESSION OF OFFENSES IN THE FIELD OF PROPERTY PROTECTION
In this article, the authors analyze the main problems of the practical activities of police officers in the field of property protection, and offer some recommendations for solving existing problematic issues. An analysis is given of offenses of this type, on the basis of which it is proposed to pay attention to the compositions that do not determine the main indicators of the operational and service activities of employees of the internal affairs bodies, in order to develop methodological recommendations for them that allow, at a sufficient level, to prevent, detect and suppress offenses in the field of protection property
Keywords: administrative activity of the police, police officer, property, protection of property, administrative legislation, qualification, offenses in the field of property protection, prevention, detection, suppression, problem, solution, practical recommendation.
Reference bibliographic list
1. Order of the Federal Property Management Agency dated September 17, 2007 No. 169 “On organizing the work of the Federal Agency for Federal Property Management in coordinating transactions with the property of federal state unitary enterprises based on the right of economic management” (together with the “Temporary Regulations for Organizing the Work of the Federal Agency for Federal Property Management on the coordination of transactions of federal state unitary enterprises based on the right of economic management in relation to the federal property assigned to them”)
2. Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation of February 17, 2011 No. 11 (as amended on March 4, 2021) “On Some Issues of Application of the Special Part of the Code of the Russian Federation on Administrative Offenses”
CIVIL LAW
MALENKAYA Ekaterina Andreevna
master of jurisprudence, Head of the Legal Department of the LLC “Synchronization”, Moscow
MALINOVA Anna Grigorjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the O. E. Kutafina Moscow State Law University (MSLA)
LIMITS OF FREE USE OF WORKS IN THE APPLICATION OF ONLINE TECHNOLOGIES IN THE EDUCATIONAL PROCESS
The problems covered in the article are relevant not only for higher educational institutions, but also for any other subjects of the educational process, which include, in particular, various online schools, private universities, cultural and educational platforms that provide educational services through the creation and implementation of various information products – educational courses, lectures, trainings, etc.
Keywords: educational process, online technologies, works, free use of works, object of intellectual rights.
Reference bibliographic list
1. Vorozhevich A. S. Lawful citation as a case of free use of various objects of copyright // Law. – 2019. – No. 7. – S. 169-182. Access from ATP “ConsultantPlus”.
2. Vorozhevich A. S., Kozlova N. V. Cases of free use of objects of copyright: essence, general overview // Bulletin of Civil Law. – 2019. – No. 5. – S. 43-78.
3. Civil law: textbook: in 3 vols. Vol. 2 / I. A. Andreev, I. Z. Ayusheeva, A. S. Vasiliev [and others]: ed. S. A. Stepanova. – M.: Prospect; Ekaterinburg: Institute of Private Law, 2011. – 712 p.
4. Dobryakova G. E. Comparative analysis of permitted use institutions and the fair use doctrine in the legal regulation of the Russian Federation and the USA” // Lawyer. – 2022. – No. 2. – S. 29-33. Access from ATP “ConsultantPlus”.
CIVIL LAW
VISHNYAKOV Roman Vladimirovich
postgraduate student of the Moscow City Pedagogical University
CRYPTOCURRENCY AND OTHER VIRTUAL CURRENCY IN CASH AND OTHER OBLIGATIONS UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION
The article discusses the features of the regulation of cryptocurrency and other digital assets from 2014 to 2021. In addition, the article explores the problems that arise due to the reduction in cash turnover and the transition to digital financial assets. Various proposals of the authorities to regulate issues related to cryptocurrency and digital money, as well as their place in the system of objects of civil legal relations, are also being studied.
Keywords: cryptocurrency, digital assets, legal regulation, currency, monetary surrogate.
Reference bibliographic list
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on December 29, 2020) (as amended and supplemented on August 6, 2021) // Rossiyskaya Gazeta. – 1994. – Art. 3691.
2. Draft Federal Law No. 957581-6 “Code of the Russian Federation on Administrative Offenses”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc;base=PRJ;n=139890#0326973589401316 4 (date of access: 02/06/2022).
3. The profile committee considered amendments to the draft, which creates the basis for regulating relations in the digital economy. [Electronic resource]. – Access mode: http://duma.gov.ru/news/29828/ (accessed 03.02.2022).
4. Ovchinnikov A. I., Fathi V. I. Legal regulation of cryptocurrencies in Russia: current state and development prospects // Civil law analytics, family law, land law. – 2018. – No. 4. – P. 154-157.
5. Rusanova P. A. Legal regulation of cryptocurrency in Russia // International Journal of the Humanities and Natural Sciences. – 2020. – S. 20-29.
6. Ryzhov N. A. Analysis of the prospects for the legal regulation of cryptocurrencies in the framework of ensuring national and international security // Lawyer. – 2018. – No. 5.
7. Federal Law of March 18, 2019 No. 34-FZ (last edition) “On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation” // Rossiyskaya Gazeta. – 2019. – Art. 201.
8. Federal Law “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” No. 115-FZ dated August 7, 2001 (last edition) // Rossiyskaya Gazeta. – 2001. – S. 9012.
9. Federal Law of July 31, 2020 “259-FZ “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation””. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_358753/ (date of access: 02/06/2022).
10. The Central Bank prepared a draft to ban cryptocurrency and proposed fines. [Electronic resource]. – Access mode: https://www.rbc.ru/finances/18/02/2022/620f75b69a7947762be3a633 (accessed 02/12/2022).
11. Yankovsky R. M. Cryptocurrencies in Russian law: surrogates, “other property” and digital money // Law. Journal of the Higher School of Economics. – 2020. – No. 4. – P. 43-74.
12. Putin discussed with the government the situation with coronavirus and cryptocurrencies. [Electronic resource]. – Access mode: https://rg.ru/2022/01/27/putin-obsudil-s-pravitelstvom-situaciiu-s-koronavirusom-i-kriptovaliuty.html (accessed 05.02.2022).
CIVIL LAW
ERMOLENKO Kirill Igorevich
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PUPYSHEV Mark Alexandrovich
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
Malakhov Alexander Valentinovich
associate professor of Labor and ecological law sub-faculty of the Law School of the Far Eastern Federal University
THE EXPEDIENCY OF INTRODUCING THE SINGLE PROPERTY UNIT CONCEPT IN RUSSIA
The article is devoted to the issue of expediency of introducing the concept of a single real estate object into Russian civil law. The content and problems of the existing principle of the unity of the fate of a land plot and objects are analyzed. The foreign regulation of this issue is compared in various legal orders. The provisions of the legislation on this problem are studied.
Keywords: single property unit, real estate, the unity of fate, a land plot, a single property unit complex.
Reference bibliographic list
1. Akinshina A. V. Problems of implementing the principle of unity of the legal fate of a land plot and objects firmly connected with it in hereditary legal relations // NOMOTHETIKA: Philosophy. Sociology. Right. – 2013. – No. 8 (151).
2. Alekseev V. A. A single object of real estate: gradual movement towards the goal or disorganization of legal regulation // Bulletin of economic justice. – 2018. – No. 8.
3. Alekseev V. A. New in the legislation on immovable things: a critical comment // Law. – 2022. – No. 4.
4. Bevzenko R. S. The principle of the unity of the fate of rights to a land plot and buildings on it. – Moscow: Statute, 2020.
5. Betkher V. A. Unauthorized creation and (or) change of real estate objects in the Russian Federation (civil law aspect). – Moscow: Yustitsinform, 2017. – S. 37-38.
6. Dovlatova E. V. Features of the regulation of a “single object of real estate” and objects of real estate connected by a “single fate” // Legislation. – 2007. – No. 8.
7. Kazachenkov S. D. On the significance of the category “property taxation” in modern conditions // Bulletin of the Faculty of Law of the Southern Federal University. – 2022. – No. 3.
8. Mustakimov N. S., Poprukhina E. A. The historical aspect of the regulation of legal relations of land ownership in Russia // Mariyskiy yuridicheskiy vestnik. – 2016. – No. 4 (19).
9. Naumov E. L. On the concept of real estate // Legislation. – 2015. – No. 5.
10. Osmanova D. O. Low-rise residential complex: the concept and features of the legal regime // Laws of Russia: experience, analysis, practice. – 2022. – No. 10.
11. Parkhomenko D. V., Predtechenskaya E. A. The unity of the fate of land plots and real estate objects firmly connected with them // Interexpo Geo-Siberia. – 2018. – No. 3.
12. Romanov V. I. Property law nnosti na zemli v Rossii: kontseptie, soderzhanie, istoriia osushcheniya [Mariyskiy yuridichesky vestnik]. – 2005. – No. 4.
13. Chaplin N. Yu. The concept of a single real estate object: on the issue of expediency and the possibility of its implementation in Russian legislation // Journal of Russian law. – 2019. – No. 1.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 4th course of the Faculty of History and Law of the Kuzbass Humanitarian Pedagogical Institute of the Kemerovo State University
THE ADAPTATION OF CIVIL LAW FOR FILLING THE BLANKS IN THE CRIMINAL LEGISLATION
The article deals with the issue of filling gaps in criminal legislation with the help of civil law norms. In particular, the issue of the seizure of property obtained criminally by means of the norms of the Civil Code of the Russian Federation devoted to invalid transactions is being considered, while the application of confiscation of property according to the norms of the Criminal Code of the Russian Federation is impossible.
Keywords: confiscation, transaction, invalid transaction, void transaction, withdrawal to state revenue, receiving a bribe, giving a bribe.
Reference bibliographic list
1. Belov A. V. Civil law. In 4 vols. T. II. A common part. In 2 books. Book 2. Facts: a textbook for academic undergraduate and graduate programs. – M.: Yurayt, 2016. – 497 p.
2. Em V. S. On the criteria for the nullity of transactions in the latest civil legislation of Russia // Bulletin of Civil Law. – 2014. – T. 14. – No. 6. – S. 140-165.
3. Karapetov A. G. Transactions, representation, limitation period: article-by-article commentary on articles 153-208 of the Civil Code of the Russian Federation / ed. A. G. Karapetov. – M.: M-Logos, 2018. – 1264 p.
CIVIL LAW
LYSTEV Boris Sergeevich
senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
KONOVALOVA Svetlana Igorevna
senior lecturer of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
lecturer of Organization of police work sub-faculty of the St. Petersburg University of the MIA of Russia
FEATURES OF LEGAL REGULATION OF HORTICULTURAL NON-PROFIT PARTNERSHIPS
In the article, the authors analyze the normative legal acts regulating the activities of horticultural non-profit partnerships. The authors pay special attention to the problems of law enforcement practice of the current legislation in ensuring the normal economic activity of horticultural non-profit partnerships.
Keywords: normative legal act, horticultural non-profit partnership, legal regulation, economic activity of the partnership, law enforcement practice.
Reference bibliographic list
1. Krasheninnikov P. V. A novel with a legal entity // Rossiyskaya Gazeta. – 2014. – No. 6440 (168). – S. 1.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPETS Svetlana Igorevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PLATONOVA Alexandra Dmitrievna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
MALAKHOV Alexander Valentinovich
associate professor of Labor and environmental law sub-faculty of the Law School of the Far Eastern Federal University
SOME PROBLEMS OF LAND EASEMENT’S LEGAL REGULATION IN THE RUSSIAN FEDERATION
The article analyzes the legal nature of the land easement, reviewed the changes made to the regulatory framework governing this institution to identify current problems of legal regulation and search for solutions to eliminate existing legislative gaps. Despite the focus of the land easement institute on ensuring a balance of private and public interests, a few norms of the current legislation violate this balance, and therefore further improvement of the regulatory framework is necessary. The results of the study confirmed the fact that there are a few unresolved issues in the current land legislation, which have been repeatedly pointed out by representatives of legal science.
Keywords: easement, land easement, restriction of the right to land, land legislation, public easement
Reference bibliographic list
1. Volkov G. A. Land easements: development and problems of guarantees of rights // Uchenye zapiski Kazanskogo universiteta. Series: Humanities. – 2019. – T. 161. Book. 1.
2. Gordienko I. I. Legal problems arising when establishing an easement on a land plot // Property relations in the Russian Federation. – 2019. – No. 4 (211).
3. Rybina S. N., Eshkileva N. A. Problems of legal regulation of land easement in the Russian Federation // Issues of Russian and international law. – 2019. – Volume 9. No. 2A.
4. Strenin D. Public servitude in the land Rave: new in legislation // Education and law. – 2020. – No. 3.
CIVIL LAW
NABIULLIN Eduard Fagimovich
postgraduate student of the University of Management “TISBI”
MODERN TRENDS IN THE LEGAL REGULATION OF INSOLVENCY (BANKRUPTCY)
The bankruptcy procedure of a debtor – a legal entity is a fairly popular procedure among creditors used to obtain funds. However, do not forget that this procedure has a serious impact on the economic component of our country. The bankruptcy procedure is an effective mechanism in satisfying creditors’ claims, while the country is being cleansed of low-performing organizations that slow down the development of the economy. In addition, this procedure can help the debtor to restore its activities, who has fallen into a difficult situation, if, of course, an appropriate procedure (supervision, external management) is introduced, which will save all the company’s assets and jobs. Taking into account the real realities associated with the COVID-19 pandemic and economic instability in 2022 years, the state had to introduce a new concept of “moratorium” and approve it at the legislative level in the form of a norm. This provision implies the protection of business in a difficult economic situation, and provides it, if necessary, a delay to solve existing financial problems. The available statistics collected over the last 2 (two) years of the moratorium allows us to assert the effectiveness of this measure. In this article, we will analyze the regulatory legal acts adopted and related to such institutions as bankruptcy, and also try to track the application of these norms and their impact on bankruptcy in general in modern realities.
Keywords: bankruptcy of organizations, moratorium, external management, supervision, bankruptcy proceedings.
Reference bibliographic list
1. Koraev K. B. The essence and significance of the institution of contesting transactions and other actions of the debtor in the framework of the case of its insolvency (bankruptcy), its difference from contesting transactions on common grounds // Lawyer. – 2018. – No. 2. – P. 25-29.
2. Viktor Khimichev. Protection of the rights of creditors in bankruptcy. – M.: Wolters Kluwer, 2020. – 176 p.
3. Isik L. V. Bankruptcy and financial recovery. – M.: Business and Service, 2021. – 272 p.
CIVIL LAW
MILENTENKOVA Yana Vladimirovna
postgraduate student of Civil law sub-faculty of the Saratov State Academy of Law
ON THE QUESTION OF THE RATIO OF CONTRACTUAL AND NON-CONTRACTUAL (TORT) LIABILITY
Civil law, as a science, currently does not provide unambiguous answers to questions about the relationship between contractual and non-contractual (tort) liability. Nevertheless, the question of the correlation of these types of liability is of fundamental importance for the most effective, and most importantly, the lawful application of the norms in specific cases to ensure the protection and restoration of violated rights. This article identifies the similarities of the two types of liability through a detailed analysis of civil liability as a generic concept. The characteristic features of the differentiation of contractual and tort liability are indicated. The necessity of classifying liability into contractual and tort is identified and justified.
Keywords: civil liability, contractual liability, tort liability, obligation.
Reference bibliographic list
1. Ioffe O. S. Selected works: in 4 volumes. T. 1. – St. Petersburg: Legal Center Press, 2003. – 574 p.
2. Roshchin M. E. To the question of the concept of civil liability // Modern science: theory and practice. – 2015. – No. 1 (8). – S. 22-31
3. Prokaev A. V., Strokova O. G. Methodological study of non-contractual liability and non-contractual obligations // Vestnik SGYuA. – 2019. – No. 5 (130). – S. 132-142.
4. Civil law: Textbook: In 3 volumes. T. 1. – 6th ed., Revised. and additional / Rev. ed. A. P. Sergeev, Yu. K. Tolstoy. – M .: TK Velby, Publishing House Prospekt, 2003. – 776 p.
5. Alekseev S. S. Civil liability for non-fulfillment of the railway transportation plan. – M., 1959. – 176 p.
6. Ioffe O. S., Tolstoy Yu. K. New Civil Code of the RSFSR. – L., 1965. – S. 231.
7. Civil Code of the Russian Federation (Part 1) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. – 1994. – No. 32. – Art. 3301; (Part 2) dated January 26, 1996 No. 14-FZ // Collection of Legislation of the Russian Federation. – 1996. – No. 5. – Art. 410.
8. Resolution of the Constitutional Court of the Russian Federation of March 10, 2017 No. 6-P “On the case of checking the constitutionality of Article 15, paragraph 1 of Article 1064, Article 1072 and paragraph 1 of Article 1079 of the Civil Code of the Russian Federation in connection with complaints from citizens A.S. Arinushenko, G.S. Beresneva and others” // Collected Legislation of the Russian Federation. – 13.03.2017. – No. 5. – Art. 400.
CIVIL LAW
SAMANBA Ivan Leonidovich
postgraduate student of the 4th course of the A. S. Pushkin Leningrad State University
PROTECTION OF CITIZENS’ RIGHTS IN WINTER
This article provides a brief description of housing legal relations in Russia, assesses the state of work ofpublic authorities in the exercise of their powers to coordinate the activities of organizations of the housing and communal complex during heavy snowfalls, the formation of ice and icicles on the territory of St. Petersburg.
In particular, it reveals the main problematic issues faced by both citizens and public authorities and organizations of the housing and communal services sector of St. Petersburg. Petersburg in winter, describes the reasons for the lack of protection of citizens and their property, suggests ways to improve the quality of public services and prompt restoration of violated rights.
The expediency of improving the existing protection mechanisms in case of damage to the health and property of citizens as a result of improper maintenance by authorized organizations of the subordinate territory, including by changing the regulatory framework, is substantiated.
Keywords: protection of citizens’ rights, housing legal relations, housing and communal services organizations, public authorities.
The article bibliographic list
1. Lukasheva E.A. human rights. Textbook for universities. – Moscow: Publishing Group NORMA-INFRA-M, 1999. – Pp. 8-9.
2. Klimentyeva S. V. Problems of housing and communal services in the conditions of a pandemic (“Legal issues of real estate”). – 2021. – No. 2 // SPS ConsultantPlus.2021.
3. Speranskaya L.V. Housing and communal services//SPS ConsultantPlus.2022.
4. Monuments of Russian law. Issue 1. Monuments of the law of the Kievan state of the XI – XII centuries / Edited by S. V. Yushkov. – M.: Gosyurizdat, 1952 (hereinafter – PRP. Issue 1). – Pp. 122, 126, 130-131.
5. Shershenevich G. F. Textbook of Russian civil law. – M.: Spark, 1995. – 556. – P. 2.
6. Stuchka P. I. The People’s Court in questions and answers. – M.: Publishing house “Communist”, 1918. -Art. 13-20.
7. Khalfina R.O. Marxist-Leninist general theory of state and law. socialist law. M.: Jurid. lit., 1973. p. 490; General doctrine of legal relations. – M.: Jurid. lit., 1974. – Pp. 9-114.
8.Kustova E. Disputes with the management company for cleaning the territory // Housing law. – 2016. – No. 2.-Pp. 101-105.
9. Dolgopolov P.S. Housing inspection // SPS ConsultantPlus.2022.
10. Prosecutorial supervision: Textbook and workshop for academic bachelor’s degree / Edited by A. F. Smirnov, A. A. Usachev. – M.: Yurayt, 2016. – 402 p.
11. Astashkina E. Yu., Trufanov M. E. Institute of administrative and legal protection of personal non-property rights of citizens: trends of improvement // Administrative law and process. – 2021. – No. 10.-Pp. 55-58.
12. Rezer T. M., Kuznetsova E. V., Likhachev M. A. Mechanisms for the implementation and protection of human and civil rights: studies. stipend // [under the general editorship of T. M. Rezer]; M-in science and higher education. education grew. Federation, Ural. feder. un-t. – Yekaterinburg: Publishing House. un-ta, 2019. – 110 p.
13. Tolstykh M. Recalculation for housing and communal services: analysis of disputes // Housing law. – 2018. – No. 4.-Pp. 23-36.
14. Boychenko I.S. Legal support of electronic interaction in the formation of an information society in the Russian Federation // State power and local self-government. – 2017. – No. 1.-Pp. 38-44.
15. Uvaeva M. Cleaning of snow, garbage // Housing law. – 2016. – No. 3.-Pp. 85-95.
CIVIL PROCESS
VASKINA Alina Alexandrovna
student of the School of Law of the Far Eastern Federal University
GAEVAYA Angelika Alexandrovna
student of the School of Law of the Far Eastern Federal University
ACTUAL PROBLEMS OF ACCESSIBILITY OF JUSTICE IN CIVIL PROCEEDINGS
In this paper, the authors analyze the institute of accessibility of justice in civil proceedings and identify current problems arising within the framework of the institute under study. In order to systematize and organize various problems of accessibility of justice, the authors have made their classification, the criterion of which is a specific subject. The first group of problems of accessibility of justice are problems that directly hinder the realization of the right to judicial protection. The second group of problems of accessibility of proceedings includes problems associated with an insufficiently secured level of simplicity and clarity of the structure of the judicial system. The next group of problems of accessibility of justice is the problems associated with insufficient provision and facilitation of access to justice. Separately, the authors consider the problem of excessive court costs, since it is one of the central problems of accessibility of justice, in many respects the appeal to the court for the protection of violated rights and interests is directly affected by the totality of all related costs. When studying the problems, the authors focus on current judicial practice.
Keywords: accessibility of justice; civil procedure; current problems; the problem of groundless refusal to accept a statement of claim; the problem of determining jurisdiction; the problem of excessive court costs.
Reference bibliographic list
1. Generalization of the judicial practice of the First Cassation Court of General Jurisdiction on errors in resolving the issue of accepting a claim for proceedings // 2021. [Electronic resource]. – Access mode: https://1kas.sudrf.ru/modules.php?name=docum_sud&id=38 (Text: electronic).
2. Ruling of the First Cassation Court of General Jurisdiction dated April 15, 2021 No. 88-9194/2021, 9-234/2020
3. Ruling of the First Cassation Court of General Jurisdiction dated March 11, 2020 No. 88-4622/2020, 9-30/2019
4. Ruling of the First Cassation Court of General Jurisdiction dated February 25, 2021 No. 88-3151/2021, 9-733/2020
5. Ruling of the First Cassation Court of General Jurisdiction dated March 20, 2020 No. 88-8259/2020, 9-979/2019
6. Decree of the Council of the Chamber of Advocates of the Primorsky Territory dated June 25, 2020
7. Prikhodko I. A. Access to justice in arbitration and civil proceedings: main problems. 2005
8. Savinova A. V. Legal expenses as an obstacle to the implementation of the principle of access to justice // International Journal of Humanities and Natural Sciences. – 2019. – No. 4-3. – S. 153-156.
CIVIL PROCESS
AFANASJEVA Nelli Vladimirovna
postgraduate student of Civil law and process sub-faculty of the M. M. Speransky Faculty of Law of the RANEPA under the President of the Russian Federation
ACTUAL PROBLEMS OF APPLICATION OF ARTICLE 50 OF THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION
The article analyzes the current topical problems of the application of Article 50 of the Civil Code of the Russian Federation. representatives appointed by the court; the role of the principles of civil procedure in the application of Article 50 of the Civil Procedure Code of the Russian Federation is determined; weaknesses of the application by courts of the institution of representation by appointment of the court are identified. The results of the study are the author’s proposals for improving civil procedural legislation.
Keywords: civil procedure, representation by appointment of the court, adversarial, dispositivity, legal fact, unknown place of residence of the defendant, court, court decision, place of registration of the defendant.
Reference bibliographic list
1. Bortnikova N. A. Representation by appointment of a court in civil proceedings: dis. … cand. legal Sciences. – Voronezh, 2011 – C. 38.
2. Kazikhanova S.S. Appointment by the court of sworn attorneys in civil cases according to the Charter of Civil Procedure of November 20, 1864. Article. – M., 2015. – C. 59.
3. Kazikhanova S. S. Representation by appointment of a court in civil proceedings: dis. … cand. legal Sciences. M., 2015. – S. 95.
4. Tabak I. A. New provisions of judicial representation in civil proceedings: dis. … cand. legal Sciences, 2006. – S. 180.
5. Chistyakova O. P. Representation in court // Civil procedural law: Textbook / Ed. M. S. Shakaryan. – M .: TK Velby, Publishing House Prospekt, 2004. – S. 101.
CIVIL PROCESS
MONAKHOV German Dmitrievitch
student of the Law School of the Far Eastern Federal University
VASKINA Alina Alexandrovna
student of the Law School of the Far Eastern Federal University
DISSENTING OPINION OF JUDGES OF COURTS OF GENERAL JURISDICTION: ADVANTAGES AND DISADVANTAGES AND FOREIGN EXPERIENCE
In this paper, the author analyzes the institution of a special opinion of judges from the perspective of its positive and negative features, identified by both legal scientists and in the judicial practice, as well as from the position of its legislative consolidation in the normative legal acts of a number of European countries. Thus, the author stated that the actual many features of the dissenting opinions of judges, such as promoting the independence of judges and the effectiveness of judicial proceedings, depending on the specific legal system and expectations from judicial proceedings can be interpreted from both positions: both positive and negative. As for the issue of legislative consolidation in various European legal systems, the author found that in almost all countries of the continental legal system, dissenting opinions are prohibited, which is primarily due to state policy and the rule of the principle of secrecy of the conference room. At the end of his work, the author identified some factors that influenced the state of the legal institution in question in European countries, including Russia. Among these factors, the author attributed excessive bureaucratization of the judicial system and the difference in understanding the essence of law.
Keywords: dissenting opinion of a judge, secrecy of the conference room, civil procedure, criminal procedure, independence of judges, efficiency of judicial proceedings, collegial consideration of the case in court.
Reference bibliographic list
1. Art. 260, Ley Organica 6/1985 del Poder Judicial; contrary to the practice in many States (e.g. the USA), all judges must sign the final decision, even if they dissent. Moreover, according to Art. 206, if the judge rapporteur does not agree with the majority, he must refuse to draft the judgment and write a reasoned dissent.
2. Art. 448, code de procedure civile, and art. 6, ordonnance 58-1270, cit. (for ordinary judges); art. 3, ordonnance 58-1067 portant loi organique sur le Conseil constitutionnel, 7 November 1958 (for constitutional judges).
3. Brennan, op. cit., at 438; with regard to the British tradition, also see J. Alder, Dissents in courts of last resort: tragic choices? in Oxford Journal of Legal Studies, n. 20/2000, 221-246, part. at 233.
4. Conseil d’Etat, 17 Nov. 1922, Lebon 1922 849, cited in J.-P. Ancel, Les opinions dissidentes. – [Electronic resource]. – Mode of access: http://www.courdecassation.fr/IMG/File/opinions_dissidentes_jp_ancel.pdf. Conseil d’Etat, 15 October 1965, in Mazel, Droit administratif, 1965, n. 377, cited in Lecuyer, op. cit., at 199.
5 Dickinson, op. cit. supra. note 27, at 76; Arnold, loc. cit. supra note 17, at 629.
6. Edward, op. cit., at 557: “a disadvantage of the collegiate approach is that the judgment may simply cloak an inability to reach a clear decision. A camel is said to be a horse designed by a committee, and some judgments of the Court of Justice are camels.”
7. Guggenheim, Vilkerrechtsprozessrecht und inaterielles Recht (1931) I1 ZT. F. OFF. Rr. 555-576.
8. Hudson, Ten Years of the World Court (1932) 11 For. Aff. 81, 90.
9. Jeze L. Les PRINCIPES GANERAUX DU droit administratif (3d ed. 1926) 23-26, treats of the “service public de justice civile”.
10. Guggenheim, Vilkerrechtsprozessrecht und inaterielles Recht (1931) I1 ZT. F. OFF. Rr. 555-576.
11. Laffranque, J., Dissenting opinion and judicial independence, in Juridica international, 2003, 162-172; M. Kirby, Judicial dissent – common law and civil law traditions, in Law quarterly review, 2007, 379-400.
12. Luchaire and Vedel, op. cit.; Malenovsky, op. cit., at 38.
13. Master, op. cit., 114-118. Also T. Freixes, La pratique des opinions dissidentes en Espagne, in Nouveaux Cahiers du Conseil Constitutionnel, 2000. – [Electronic resource]. – Mode of access: http://www.conseil-constitutionnel.fr/conseilconstitutionnel/francais/nouveaux-cahiers-du-conseil/cahier-n-8/la-pratique-des-opinions-dissidentes-enespagne.52543.html ( citing the statute of the Constitutional Court of the Second Spanish Republic).
14. Mr. Justice Frankfurter in United States v. Morgan, 313 U. S. 409, 421 (1941).
15. Nelissen B. Judicial loyalty through dissent or why the timing is perfect for Belgium to embrace separate opinions, in Electronic Journal of Comparative Law, 2011; Art. 2, Decret du 20 juillet 1831 concernant le serment.
16. Basangov D. A. Doctrinal constitutional interpretation in the activities of the Constitutional Court of the Russian Federation: dis. … cand. legal Sciences. – M., 2004.
17. Shinyaeva N. The Supreme Arbitration Court of the Russian Federation begins to publish dissenting opinions of its judges. – [Electronic resource]. – Access mode: http: www. pravo. ha/news/ vie w/5 5006/.
LABOR LAW
GERMAN Elena Sergeevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
LOMAKINA Irina Gennadjevna
Ph.D. in Law, associate professor of Civil and business law sub-faculty of the Novosibirsk University of Economics and Management, associate professor of Constitutional and administrative law sub-faculty of the Novosibirsk Military Institute of the National Guard Troops of the Russian Federation
RELOCATION AS AN EFFECTIVE WAY TO MINIMIZE THE RISKS OF LARGE COMPANIES “LEAVING” THE RUSSIAN MARKET
The article discusses some options for the termination or change of employment relations with employees of foreign companies in case of forced termination of their activities under the pressure of sanctions imposed against the Russian Federation. It is proposed to react more carefully to the practice of forming relations with labor collectives (often thousands many) on the part of employer companies when making a decision to curtail production in Russia. In particular, the analysis of the concept of relocation used by companies as the most effective way to minimize unavoidable risks is given.
Keywords: efficiency, risk minimization, relocation, liquidation of the employer company, reduction of the number or staff of employees.
LABOR LAW
KLEVTSOV Maxim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
OLOVYANNIKOVA Alexandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
THE ROLE OF TRADE UNIONS IN THE LIFE OF MODERN RUSSIAN SOCIETY
This article discusses the issues of the legal status of trade unions and their significance in modern conditions. As practice shows, any changes in public life pose more and more new tasks for trade unions. In this regard, constant updating and “refreshing” of labor legislation is required, in particular, in the field of regulating the activities of trade union organizations.
Keywords: trade unions, labor legislation, workers’ rights, functions of trade unions.
Reference bibliographic list
1. Makarova V. A., Goncharov M. A. The place and role of trade unions in the life of modern Russian society // Scientific journal of KubGAU. – 2016. – No. 121.
2. Rusheva A. V. The role of the trade union organization in improving the quality of the working life of workers // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series: Social Sciences. – 2016. – No. 3 (43).
3. Workers’ rights – and are they protected? – [Electronic resource]. – Access mode: http://wciom.ru/index.php?id=236&uid=115092 (date of access: 10/20/2022).
4. Only 5% of citizens are members of trade unions in Russia? – [Electronic resource]. – Access mode: https://regnum.ru/news/society/3494855.html (date of access: 10/25/2022).
FAMILY LAW
ARTYSHKO Kirill Vladimirovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
OZEROV Oleg Eduardovich
student of the direction “Jurisprudence” of the Far Eastern Federal University
ON THE LEGALIZATION (LEGITIMIZATION) OF RELIGIOUS (CONFESSIONAL) MARRIAGES IN RUSSIAN FEDERATION
In the article the authors consider the question of possible historical, cultural and other reasons,
preconditions and consequences of the legitimization of confessional marriages in modern Russian
realities. Attention is paid to the contradiction of the principle of the secular state to this novelty.
The advantages of confessional marriage and its popularization in society in the light of negative
trends in marriage and the state policy in the field of preservation and strengthening traditional Russian
spiritual and moral values are investigated. Russian and foreign statistical and sociological studies
of the institution of marriage, including religious marriage, are analyzed. The conclusions substantiates the special nature and influence
of marriage concluded through religious ceremonies on the institution of marriage in general, emphasizing the need to adopt the novelty
to prevent degradation.
Keywords: religious marriage, family law, church marriage, marriage,
Reference bibliographic list
1. Gongalo B. M., Krasheninnikov P. V., Mikheeva L. Yu., Ruzakova O. A. Family law: Textbook / Ed. P. V. Krasheninnikova. M.: Statut, 2008. 302 p.
2. Archpriest Vladislav Tsypin. Canon law. M.: Publishing House of the Sretensky Monastery, 2009. 864 p. [Electronic resource]. – Access mode: https://
azbyka.ru/otechnik/Vladislav_Tsypin/kanonicheskoepravo/6 (date of access: 01/01/2023).
3. Trofimets I. A. State registration and confessional form of marriage in Russia and abroad // Bulletin of the Khabarovsk State University of Economics and Law. 2011. No. 1.
4. Federal Law “On Freedom of Conscience and Religious Associations” dated September 26, 1997 No. 25-FZ // Collection of Legislation of the Russian Federation. No. 39. Art. 5 p. 2 as amended. and add. in red. dated 05.12.2022.
5. Vakhromeeva O. B. Church form of marriage in pre-revolutionary Russia // Actual problems of the humanities and natural sciences. 2014. No. 1-1.
6. Gavrish I. V. Giving religious marriage the status of a marriage registered with the registry office. Text: direct // Family and housing law. 2019. No. 3.
7. Marriages and Divorces: Federal State Service tistics. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/12781 (date of access: 01/01/2023).
8. Decree of the President of the Russian Federation dated November 9, 2022 No. 809 “On Approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values” // Official Internet Portal of Legal Information [Internet Portal]. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202211090019 (date of access: 01/01/2023).
9. Semenova L.V. Family. Concept, types, structure, problems. — Text: direct // Fundamental and applied research: problems and results. 2015. No. 18.
10. Osipova I. The attitude of the Orthodox to the wedding ceremony. — Text: electronic // Public Opinion Foundation (FOM): [website]. – [Electronic resource]. – Access mode: https://fom.ru/blogs/10742 (date of access: 01/01/2023).
11. Johnson C. A., Stanley S. M., Glenn N. D., Amato P. A., Nock S. L., Markman H. J. and Dion M. R. Marriage in Oklahoma: 2001 Baseline Statewide Survey on Marriage
and Divorce. [Electronic resource]. – Access Mode: https://www.researchgate.net/publication/240108285_Marriage_in_Oklahoma_2001_baseline_statewide_survey_on_marriage_and_divorce.
12. Bradford W. Wilcox and Elizabeth Williamson, “The Cultural Contradictions of Mainline Family Ideology and Practice,” in American Religions and the Family, edited by Don S. Browning and David A. Clairmont (New York: Columbia University Press, 2007) , p. 50.
ENVIRONMENTAL LAW
GASANOV Orkhan Babek ogly
postgraduate student of Land and environmental law sub-faculty of the People’s Friendship University of Russia
RUSSIAN AND AMERICAN EXPERIENCE IN LEGAL REGULATION OF ACTIVITIES IN ZONES WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES: A COMPARATIVE STUDY
The legal regulation of zones with special conditions for the use of territories (hereinafter – ZOUIT) in the Russian Federation is based on a whole set of regulatory legal acts of different levels, which creates an intersectoral nature of the legal regulation of ZOUIT.
A large number of regulatory, technical and legal norms defining the status of ZOUIT in Russia create prerequisites for the emergence of legal uncertainties and conflicts in the regulation of these territories.
Law enforcement associated with the establishment of LSG in Russia is fraught with a number of problems, some of which are due to insufficient elaboration of legal norms, and some of which are caused by the emergence of a conflict of private and public interests.
A study of the problems of law enforcement is necessary in order to identify not only the most difficult aspects, but also to determine how to solve existing problems.
Keywords: legal regulation of zones with special conditions for the use of territories, the system of legal regulation of zones with special conditions for the use of territories, the legal status of zones with special conditions for the use of territories.
Reference bibliographic list
1. “Land Code of the Russian Federation” dated October 25, 2001 No. 136-FZ (as amended on July 14, 2022) // Collection of Legislation of the Russian Federation. – 2001. – No. 44. – Art. 4147.
2. “Urban Planning Code of the Russian Federation” dated December 29, 2004 No. 190-FZ (as amended on July 14, 2022) (as amended and supplemented, entered into force on September 1, 2022) // “Parliamentary newspaper”. – No. 5-6. – 14.01.2005.
3. “Water Code of the Russian Federation” dated 06/03/2006 No. 74-FZ (as amended on 05/01/2022) // “Rossiyskaya Gazeta”. – No. 121. – 06/08/2006.
4. “Civil Code of the Russian Federation (part one)” dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022) (as amended and supplemented, entered into force on September 1, 2022) // Rossiyskaya Gazeta “. – No. 238-239. – 08.12.1994.
5. Federal Law of January 10, 2002 No. 7-FZ (as amended on March 26, 2022) “On Environmental Protection” (as amended and supplemented, entered into force on September 1, 2022) // “Collected Legislation of the Russian Federation” . – 14.01.2002. – No. 2. – Art. 133.
6. Federal Law No. 26-FZ dated 23.02.1995 “On natural healing resources, health-improving areas and resorts”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_6001.
7. Decree of the Government of the Russian Federation of December 7, 1996 No. 1425 (as amended on June 5, 2013) “On approval of the Regulations on the districts of sanitary and mountain sanitary protection of medical and recreational areas and resorts of federal significance.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_12652/cfc26c7dade7329fa045c1626747b4a7799bbe50/#dst100032.
8. Atayar D. R. Location of the land plot on which construction is planned, in a zone with special conditions for the use of the territory. Issues of sustainable development of society. – 2022. – No. 7. – S. 216-221.
9. Bashaeva I. Yu. The concept of zones with special conditions for the use of territories and their distinctive features // Otechestvennaya jurisprudence. – 2020. – No. 2 (41). – S. 13-18.
10. Gorelova S. S., Lukyanenko A. V. Features of legal regulation of zones with special conditions for the use of territories // Cadastre of real estate, geodesy, organization land use theory: experience of practical application. Materials of the All-Russian (National) Correspondence Scientific and Practical Conference. – Barnaul, 2022. – S. 21-26.
11. Zinovieva O. P. On some issues of compensation for losses caused by the establishment, change of zones with special conditions for the use of territories // Bulletin of the Faculty of Law of the Southern Federal University. – 2022. – T. 9. – No. 1. – S. 80-86.
12. Zolotova O. A. To the question of the concept and types of zones with special conditions for the use of territories // Ecological law. – 2020. – No. 3. – S. 9-13.
13. Menis E. V., Vasiliev A. A. Problems of legal regulation of land redistribution within the boundaries of zones with special conditions for the use of territories (ZOUIT) // Agrarian and land law. – 2022. – No. 8 (212). – S. 99-102.
14. Potapova E. V., Krasavtseva M. S., Bezborodova Yu. V., Makarov A. A. Zones with special conditions of use and green areas of cities // Biospheric compatibility: man, region, technologies. – 2021. – No. 1 (33). – S. 63-76.
15. Ushanov A. A., Rumyantsev F. P., Klimova A. V. Theoretical and practical problems of establishing zones with special conditions for the use of territories // Scientific support of the plant growing industry and land management of agricultural enterprises. Materials of the All-Russian (national) scientific and practical conference of scientific and pedagogical workers and young scientists, dedicated to the 120th anniversary of the birth of Doctor of Biological Sciences, Professor Elena Petrovna Kuklina-Khrushcheva. – Nizhny Novgorod, 2022. – S. 135-139.
16. Fedoskin N. N. Issues of construction and land use in areas with a special condition for the use of the territory // International Journal of Humanities and Natural Sciences. – 2022. – No. 8-2 (71). – S. 156-158.
17. Resolution of the Second Arbitration Court of Appeal dated 03.08.2020 No. 02AP-3988/2020 in case No. A28-13648/2018 // ATP ConsultantPlus.
18. Decree of the Arbitration Court of the Volga-Vyatka District dated November 26, 2021 No. F01-6360/2021 in case No. A79-6498/2019 // SPS ConsultantPlus.
19. Determination of the Third Court of Cassation of General Jurisdiction dated February 28, 2022 N 88-3659/2022 // ATP ConsultantPlus.
20. Decision of the Supreme Court of the Russian Federation dated February 16, 2022 No. AKPI21-905 // SPS ConsultantPlus.
21. Resolution of the First Arbitration Court of Appeal dated November 3, 2022 No. 01AP-7286/2022 in case No. A39-11765/2021 // ATP ConsultantPlus.
22. Resolution of the Third Arbitration Court of Appeal dated 09.11.2022 in case No. А74-3105/2022 // SPS ConsultantPlus.
23. Nature protection and reproduction of natural resources. – 2008. – No. 2. – S. 21–24.
24. Anderson S. D. Watershed Management… // Boston Coll. Environ. Aff. Law Rev. – 1999. – 26. – No. 2. – S. 339–386.
25. [Electronic resource]. – Mode of access: https://legcounsel.house.gov/Comps/Coastal%20Zone%20Management%20Act%20Of%201972.pdf.
26. [Electronic resource]. – Access Mode: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0253/Sections/0253.141.html.
27. [Electronic resource]. – Access mode: https://www.coastal.ca.gov/
28. [Electronic resource]. – Access mode: https://www.oregon.gov/lcd/Commission/Pages/index.aspx.
29. [Electronic resource]. – Access Mode: http://www.leg.state.fl.us/statutes/i№dex.cfm?App_mode=Display_Statute&URL=0200-0299/0253/Sections/0253.141.html.
30. [Electronic resource]. – Access mode: https://www.coastal.ca.gov/
31. [Electronic resource]. – Access mode: https://www.oregon.gov/lcd/Commission/Pages/index.aspx.
32. [Electronic resource]. – Access mode: http://www.gencourt.state.nh.us/rsa/html/nhtoc/nhtoc-l-483-b.htm.
33. [Electronic resource]. – Access Mode: https://docs.legis.wisconsin.gov/code/admin_code/Nr/100/115.
HOUSING LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
MISHINA Alina Andreevna
student of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
PROBLEMS OF OBSERVANCE OF THE CONSTITUTIONAL RIGHT OF A PERSON AND A CITIZEN TO HOUSING BY THE EXAMPLE OF PROVIDING THEM TO YOUNG FAMILIES
This article discusses the provisions on the observance of the constitutional right of a person and a citizen to housing. The study examines domestic legislation, federal and regional targeted programs, and living space standards when providing housing for young families. The paper defines the features of obtaining housing for this category of citizens, as well as identifies the main problems in the implementation of such a right. The article provides examples of the conservation of residential premises and the long-term refusal of local governments to provide them to needy families under social employment contracts. In addition, an attempt is being made to find ways to solve the problem of assistance from the state to solve the problem of providing living space for the category of citizens in question.
Keywords: constitution rights, young families, the right to housing, regional target program, judicial practice.
Reference bibliographic list
1. Program young family 2022, what you need to know. – [Electronic resource]. – Access mode: https://realty.rbc.ru/news/5bf68c3e9a79475a8f12a80d (date of access: 01/14/2023).
2. Family policy. Social sphere of the city of Ryazan. – [Electronic resource]. – Access mode: https://admrzn.ru/gorodskaya-sreda/programmy/zhilishnye-programmy/obespechenie-zhilem-molodyh-semej?ysclid=lcvtnpf9xq169455605 (date of access: 01/14/2023).
3. Civil Code of the Russian Federation. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 01/14/2023).
4. Ruling of the Supreme Court of the Russian Federation in case No. 89-APG12-4 dated December 26, 2012. – [Electronic resource]. – Access mode: https://base.garant.ru/70307000/ (date of access: 01/14/2023).
5. Ananyeva E. O. Formation of an accessible system of legal information and provision of legal assistance to various categories of citizens of the Russian Federation // Bulletin of the public research laboratory “Interaction of the penitentiary system with civil society institutions: historical, legal and theoretical and methodological aspects.” – 2018. – No. 11. – P. 54-61.
6. Statistics of divorces and marriages in Russia 2021-2022: tables by years and regions. – [Electronic resource]. – Access mode: https://top-rf.ru/places/149-braki-razvody.html (date of access: 01/14/2023).
LAND LAW
OLOVYANNIKOVA Alexandra Sergeevna
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
KLEVTSOV Maxim Ivanovich
magister student of the Institute of Law of the I. S. Turgenev Oryol State University
THE IMPORTANCE OF GEOINFORMATION TECHNOLOGIES IN THE REGULATION OF LAND LEGAL RELATIONS
This article examines the role of geographic information technologies – as a result of digitalization – in land management, the establishment and prevention of land offenses and the consideration of land disputes. GIS technologies make it possible to optimize these processes, save resources and time of authorized bodies and officials, provide remedies for fair and lawful dispute resolution.
Keywords: administrative survey, GIS, geoinformation technologies, land boundaries, land disputes.
Reference bibliographic list
1. Buklagin D.S. Application of geoinformation technologies and systems in land management // Information technologies, systems and devices in the agro-industrial complex. AGROINFO-2021: Proceedings of the 8th International Scientific and Practical Conference, r.p. Krasnoobsk, October 21-22, 2021. – Krasnoobsk: Siberian Federal Scientific Center for Agrobiotechnologies of the Russian Academy of Sciences, 2021. – P. 33-41.
2. Huseynov R. G. Registry errors: legal nature and current problems // Best student article 2020, collection based on conference materials. – 2020. – S. 134-136.
3. Papaskiri T. V. Aspects of digital land management // Land management, geodesy and cadastre: past – present – future: Collection of scientific articles based on the materials of the International Scientific and Practical Conference dedicated to the 95th anniversary of the Faculty of Land Management, Gorki, September 25-27, 2019 . – Gorki: Belarusian State Agricultural Academy, 2020. – P. 101-122.
4. Sergeeva O. S. Application of geoinformation technologies to improve the efficiency of land supervision // Geographic Bulletin. – 2019. – No. 4. – P. 154-162.
5. Tyrova A. S. The use of GIS technologies in land management and land cadastre // Management of real estate objects and development of territories: Collection of articles of the international scientific and practical conference, Saratov, December 15, 2017. – Saratov: Center for Social Agro-Innovation SSAU LLC, 2017. – P. 352-355.
6. Shafieva E. T., Ermolaeva M. Kh. Use of GIS technologies in land management // NovaInfo.Ru. – 2018. – T. 1. – No. 93. – S. 18-22.
7. Yudin E. A. Geoinformation systems and their role in land management // Bulletin of the Faculty of Land Management of the St. Petersburg State Agrarian University. – 2016. – No. 2. – P. 94-97.
FINANCIAL RIGHT
NIKOLAENKO Natalya Sergeevna
student bachelor of the 3rd course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sophia Dmitrievna
student bachelor of the 3rd course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PONOMAREV OlegV ladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
DIRECTIONS FOR IMPROVING THE FORMATION AND EXECUTION OF THE MUNICIPAL BUDGET(ON THE EXAMPLE OF THE DALNERECHENSK CITY DISTRICT)
The foundation of the main spheres of life of municipalities is primarily the local budget. If problems and failures occur in this
continuous process, this will primarily negatively affect the state of the entire society. To prevent such consequences, it is necessary to
regularly improve the formation and execution of municipal budgets, as this is a priority task for all levels of government.
Keywords: local budget, deficit, budget formation, budget execution, revenue mobilization, cost optimization.
Reference bibliographic list
1. Bogoslavtseva L. V. Municipal budgets in the context of reforming local self-government: a textbook. – Ministry of Education Ros. Federation, Rost. state economy Univ. “RINH”, 2011. – 263 p.
2. Official website of the Dalnerechensky City District “[Electronic resource]. — Access mode: http://dalnerokrug.ru/.
3. Official website of the Dalnerechensky Municipal District” [Electronic resource]. — Access mode: https://dalmdr.ru/node/2452.
4. Solomko I. M. Organization of the budgetary process: textbook. — M.: KnoRus, 2013. — 160 p.
5. Decision of the Duma of the Dalnerechensky city district No. 118 of November 24, 2022 Report on the execution of the budget of the Dalnerechensky city district for 9 months of 2022.
6. Source: Official website of the Dalnerechensky urban district. [Electronic resource]. — Access mode: http://dalnerokrug.ru/.
FINANCIAL RIGHT
SHULGA Anastasia Alexeevna
student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
SHILDT Liliya Abulaisovna
Ph.D. in economical sciences, associate professor of corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
ASSESSMENT OF FOREIGN INVESTMENT TRENDS IN SPECIAL ECONOMIC ZONES OF THE RUSSIAN FEDERATION
The advance of special economic zones (hereinafter referred to as SEZ) is a productive macroeconomic tool for involving domestic and foreign investments in the state economy, increasing its competitiveness as a priority course of the formation of states. Economic formation in the state is progressing in clusters of intensive development, where traders are offered preferential conditions for doing business. The article evaluates investment trends in the SEZ, examines the impact of the coronavirus pandemic on the SEZ of the Russian Federation.
Keywords: special economic zone, investments, foreign investments, investors, residents, preferential tax regime, Covid-19.
Reference bibliographic list
1. Accounting. Taxes // Accounting reporting and financial analysis of the RF SEZ. [Electronic resource]. – Access mode: https://bo.nalog.ru/. (date of access: 09/10/2022).
2. Gadzhiev M. M., Abakarova R. Sh. Problems of investment attractiveness of special economic zones of Russian regions. – 1 ed. – St. Petersburg, 2017. – 248 p. – (date of access: 26.08.2022).
3. Degotkova I. Special economic reforms have waited // RBC. – 2022. – 08.02.2022. – Art. 007. [Electronic resource]. – Access mode: https://www.rbc.ru. (date of access: 26.08.2022).
4. Dollar rate // Moscow Exchange of the Russian Federation. [Electronic resource]. – Access mode: https://www.moex.com/en. (date of access: 07/05/2022).
5. Special Economic Zones // Ministry of Economic Development of the Russian Federation. [Electronic resource]. – Access mode: http://old.economy.gov.ru. (date of access: 07/05/2022).
6. Special economic zones of Russia. Business Navigator // Association of Clusters and Technoparks of Russia. [Electronic resource]. – Access mode: https://www.economy.gov.ru. (date of access: 26.08.2022).
7. Shulga A. A. “Analysis of the dynamics of foreign investment in the special economic zone” // Collection of materials of the XVI International scientific and practical conference. – Ufa: RIC BashGU, 2021. – S. 262-265.
8. Economic statistics // Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru (date of access: 09/10/2022).
References
1. Accounting. Taxes // Accounting reporting and financial analysis of the SEZ of the Russian Federation. [Electronic resource]. – Access mode: https://bo.nalog.ru/. (accessed: 09/10/2022).
2. Gadzhiev M. M., Abakarova R. Sh. Problems of investment attractiveness of special economic zones of Russian regions. – 1st ed. -St. Petersburg, 2017. – 248 p. – (accessed: 08/26/2022).
3. Degotkova I. Special economic reforms have been waiting for // RBC. – 2022. – 08.02.2022. -St. 007. [Electronic resource]. – Access mode: https://www.rbc.ru. (date of application: 08/26/2022)
4. Dollar exchange rate // Moscow Exchange of the Russian Federation. [Electronic resource]. – Access mode: https://www.moex.com/en. (accessed: 07/05/2022).
5. Special economic zones // Ministry of Economic Development of the Russian Federation. [Electronic resource]. – Access mode: http://old.economy.gov.ru. (accessed: 07/05/2022).
6. Special economic zones of Russia. Business Navigator // Association of Clusters and Technoparks of Russia. [Electronic resource]. – Access mode: https://www.economy.gov.ru. (accessed: 09/08/2022).
7. Shulga A. A. Analysis of the dynamics of foreign investments in the special economic zone // Collection of materials of the XVI International Scientific and Practical Conference. – Ufa: RIC Bashgu, 2021. – Pp. 262-265.
8. Economic statistics // Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru (accessed: 10.09.2022).
BUSINESS LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
KRUT Anatoly Alexandrovich
lecturer of Economics and management sub-faculty of the Academy of the FPS of Russia
COACHING IN THE ORGANIZATION’S PERSONNEL MANAGEMENT
The article discusses the norms of law that allow the introduction of new management styles and technologies, for example, such as coaching, into managerial work with the personnel of organizations. The modern development of digital technologies and innovative methods of doing business and other activities in organizations of various forms of ownership, leading to the need to introduce such management technologies and makes it possible to use such styles not only in coaching, but also to use them as an organization of legal coaching. In a fairly short period of time, a number of studies have been conducted on the use of coaching, however, practically none of them considered the basis for their introduction and the legality of their application in practice. The authors of the study give examples of coaching in organizations when working with personnel and cover the regulatory framework on the legality of the introduction of such technologies.
Keywords: civil legislation, organization, coaching, organization personnel, management, adaptation problems, legal regulation.
Reference bibliographic list:
1. Ananyeva E. O., Makhiboroda M. N. Employment contract and features of its conditions in the XXI century. Public service and personnel. 2022. No. 5. P. 120-122.
2. Makhiboroda M., Ananyeva E., Doucek I.P. Changes in transport activity regulation in the context of the coronavirus pandemic / In the collection: E3S Web of Conferences. Ser. “International Scientific and Practical Conference “Development of the Agro-Industrial Complex in the Context of Robotization and Digitalization of Production in Russia and Abroad”, DAIC 2020″. 2020. S. 5006.
3. Ananyeva E. O., Bondarenko A. V., Lukiyanov M. Yu. Civil law regulation of society digitalization issues // Eurasian Law Journal. 2022. No. 8 (171). pp. 14-18.
4. Zadneprovskaya A. V. Why business coaching. – [Electronic resource]. — Access mode: http://coach-school.com.ua/uslugi. (date of access 1.02.2023).
BUSINESS LAW
MAGONYA Pavel Dmitrievich
postgraduate student of Financial law sub-faculty of the Russian State University of Justice
FEATURES OF ANTIMONOPOLY REGULATION IN DIGITAL MARKETS
Antitrust regulation in the information economy, while continuing to follow its basic principles, must take into account the peculiarities of new and rapidly progressing digital markets. This is the intangible nature and form of a commodity that has almost no cost of reproduction, copying and transportation, which complicates the analysis of the digital markets in which such goods are traded. It is also the plurality of parties involved in Internet platforms and services, the formal free provision of products that have an independent functional value and, accordingly, are indirectly monetized. Features include goods circulating on the digital market as objects of intellectual property, which limits the possibility of applying competition law. The antimonopoly regulation of new digital markets needs a dynamic update of the traditional approaches developed in the 20th century, to take into account the observance of the rights and legitimate interests of the subjects of the activity in question.
Keywords: digital market, information economy, competition, antimonopoly policy, restriction of competition.
Reference bibliographic list
1. Putin V. V. Speech at the plenary session of the St. Petersburg International Economic Forum on June 6, 2019 // President of Russia. 2019. June 7th. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/60707?fbclid=IwAR38iZbXoaP2u4H0E2Ht2LCuosyyrXmw_jAGwmJnMLk7R1lK_NA1KTa9VUc.
2. Bychkov A. V., Shram D. V. Problems of law enforcement practice of antimonopoly regulation in digital markets as an indicator of the need to reform the legislation on protection of competition // Prologue: Journal of Law. 2021. No. 2 (30). pp. 78-92.
3. Competition Policy for the Digital Era / European Commiss., Directorate General for Competition rep. by J. Cremer, Y.-A. de Montjoye, H. Schweitzer.
4. Unlocking Digital Competition: rep. of the Digital Competition Expert Panel / ed. J Furman. March 2019 [Electronic resource]. – Access mode: https://assets.publishing.service. gov.uk/government/uploads/system/uploads/attachment_data/file/785547/ unlocking_digital_competition_furman_review_web.pdf.
5. Dzhioeva L. S. On new approaches to antimonopoly regulation in the digital economy // Russian Competition ntnoe right and economics. 2020. No. 1 (21). pp. 32-37.
6. Zaeva E. A. On the competition of algorithms, big data and the first digital cases // Competition and law. 2017. No. 4. P. 39-46 https://cljournal.ru/interview/179/
7. Antimonopoly regulation in the digital age. How to protect competition in the face of globalization and the fourth industrial revolution. Ed. 2nd rev. and additional M.: NRU HSE, 2019.
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
KOVALENKOVA Vasilisa Olegovna
chief specialist of the Department of Record Keeping and Protection of State Secrets of the Federal State Institution of the Research Institute of the FPS of Russia
ON THE ISSUE OF THE IMPACT ON THE NUMBER OF THE “PRISON POPULATION” OF DECRIMINALIZATION OF CERTAIN MINOR AND MODERATE CRIMES (BASED ON THE RESULTS OF MONITORING CONDUCTED IN 2016)
At the beginning of July 2016, Federal Law No. 323-FZ of July 3, 2016, initiated by the Supreme Court of the Russian Federation, came into force, decriminalizing a number of crimes of minor and medium gravity, and also supplemented the list of grounds for exemption from criminal liability existing in the criminal legislation of the Russian Federation. responsibility of persons who have committed crimes of small and medium gravity for the first time. This circumstance served as the basis for starting work on monitoring and forecasting the number of persons held in pre-trial detention centers and correctional institutions, which was carried out by the Research Institute of the Federal Penitentiary Service of Russia from 2016 to 2018. It was assumed that the entry of these changes into the criminal and criminal procedural legislation would entail a significant reduction in the “prison population”. However, the analysis of statistical data showed only a slight outflow of suspects, accused and convicts from places of deprivation of liberty in the above categories and offenses compared to previous years. This article presents only the results of the first stage of the study conducted in 2016, which is, immediately after the amendments to the legislation came into force.
Keywords: decriminalization, judicial fine, number of persons in places of deprivation of liberty, monitoring, forecast.
Reference bibliographic list
1. Explanatory note “To the draft Federal Law “On Amending the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation on the issues of improving the grounds and procedure for exemption from criminal liability”. – [Electronic resource]. – Access mode: http://asozd.duma.gov.ru (date of access: 12/18/2022).
2. Report of the Federal Penitentiary Service of Russia “Information on the number, movement and composition of persons held in places of deprivation of liberty (form 1-UIS)” for 2015 – [Electronic resource]. – Access mode: Access from the module “Statistics of the Federal Penitentiary Service of Russia” (date of access: 12/18/2022).
3. Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/18/2022).
4. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. N. Forecast (monitoring) of the number of persons held in pre-trial detention centers and correctional institutions, for the short term – up to 12/15/2016, the medium term – up to 12/15/2017 and long-term perspective – until 12/15/2018. Analytical material. – M.: FKU NII FSIN of Russia, 2016. – 20 p.
CRIMINAL LAW
GRIDNEVA Maria Viktorovna
lecturer-methodologist of the support teams quality of education of the Samara Law Institute of the FPS of Russia
FEATURES OF EXECUTION OF COMPULSORY WORKS IN MODERN CONDITIONS
The article is devoted to the study of the peculiarities of the execution of criminal punishment in the form of compulsory labor in modern conditions. In particular, the study analyzes the existing problems of employment of convicts suffering from alcoholism and drug addiction, and also considers some problems in establishing the grounds for recognizing a recognized person as a malicious violator of the established order of serving a sentence.
Humanization, being the main direction of modern penal enforcement policy, involves the expansion of cases of sentencing by courts that are not connected with isolation from, including by increasing the use of compulsory labor society by perpetrators of crimes. However, despite all the practical significance of this type of punishment, there are currently many problematic issues that arise in the process of performing mandatory work. Among those in the study, special attention is paid to those shortcomings that arise directly during the performance of mandatory work. The author pays special attention to the need to resolve existing problems at the legislative level by making amendments and additions to the norms of the penal enforcement legislation.
In conclusion, the author notes the effectiveness and importance of mandatory work as a type of criminal punishment in modern conditions, focusing on the need to resolve legal conflicts in order to optimize the practice of performing mandatory work.
Keywords: convicted person, punishment, compulsory work, employee, penal inspection, execution of punishment.
Reference bibliographic list
1. On approval of the Concept for the development of the penitentiary system of the Russian Federation for the period up to 2030: Decree of the Government of the Russian Federation [adopted on April 29, 2021 No. 1138-r] // Official Internet portal of legal information. [Electronic resource]. – Access mode: www.pravo.gov.ru
2. Chubrakov S. V. Criminal punishment in the form of compulsory work (promising issues of theory and practice): author. dis. … cand. legal Sciences. – Tomsk, 2004. – 194 p.
CRIMINAL LAW
EREMINA Anna Andreevna
magister student of the Institute of State and Law of the Tyumen State University
VASSALATIY Zhanna Vasiljevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Institute of State and Law of the Tyumen State University
ON THE QUESTION OF THE QUALIFICATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER: THEORETICAL AND PRACTICAL PROBLEMS
This article discusses the problems of legislative regulation of the murder of a newborn child by a mother, which, according to the authors, have a negative impact on law enforcement practice. The authors raise the question of the possibility of qualifying an act under item 106 of the Criminal Code of the Russian Federation only if the woman has a special psycho-physiological condition that had a direct impact on the commission of the murder of a newborn. It is proposed to make adjustments to the disposition of the article in question in order to form a uniform practice.
Keywords: the moment of the beginning of life, neonaticide, a mental disorder that does not exclude sanity, traumatic situation, birth process, murder of a newborn.
Reference bibliographic list
1. Bryksina Yu. A. Problems of qualification under article 106 of the Criminal Code of the Russian Federation. Analysis of judicial practice // Original research. – 2021. – T. 11. No. 4. – S. 250-258.
2. Dyadyun K. V. Murder by a mother of a newborn child: questions of the objective side of the composition // Lawyer. – 2017. – No. 1. – P. 12-15.
3. Inogamova-Khegay L. V. Actual problems of criminal law. Part Special: textbook / Ed. Inogamova-Khegay L.V. – 2nd ed., Revised. and additional – M.: Prospekt, 2017. – 232 p.
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
THE IDENTITY OF THE JUVENILE OFFENDER AND THE VICTIM OF THE CRIME
This article examines the identity of a minor criminal and a victim of crimes. The connection between the personality of a minor criminal and the victim of a crime, as well as the method of committing a crime, is considered. Revealing the true nature of the “criminal-victim” relationship allows us to establish the true motive of the crime, the individual and personal characteristics of the criminal, correctly qualify the crime, clarify the circumstances of its commission. Such signs of the victim as age, mental and physical condition, social and official position are essential for the investigation.
Keywords: the identity of a minor criminal, a minor, a crime, a teenager, a victim.
Reference bibliographic list
1. Konovalov V.P. The study of victims of crimes in order to improve the prevention of offenses. – M., 1982. – S. 6.
2. Belkin R. S. Criminalistics: textbook / Ed. R. S. Belkina. – M.: Norma, 2000. – S. 687-688.
3. Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” dated July 24, 1998 No. 124-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19558/ (date of access: 01/29/2023).
4. Decree of the Government of the Russian Federation of May 29, 2015 No. 996-r “On approval of the Strategy for the development of education in the Russian Federation for the period up to 2025” // Collection of legislation of the Russian Federation. – 2015. – No. 23. – Art. 3307.
CRIMINAL LAW
KVITKO Anton Vladimirovich
postgraduate student of the Ugra State University; Deputy Head of the Department of the Main Directorate of the Ministry of Emergency Situations of Russia for the Khanty-Mansi Autonomous okrug-Yugra, colonel of the internal service
ENVIRONMENTAL CRIME: FEATURES, CAUSES OF A HIGH LEVEL OF LATENCY, PROBLEMS OF DETECTION AND DISCLOSURE
The article deals with the problem of environmental crimes, their value, scale and consequences. The author concludes about the destructive nature of environmental crime, as well as the high level of latency of this category of crimes, which requires more attention to improving the mechanism for their detection and disclosure. It is concluded that the development of effective measures requires significant changes in policy at all, in particular, it is proposed to revise the forms and methods of interaction and communication of law enforcement agencies in the investigation of crimes in this category, as well as to widely use modern digital tools in the designated activities.
Keywords: latency, ecology, environment, environmental crime, environmental crime, causes of environmental crime.
Reference bibliographic list
1. Kletneva E. G. Environmental crime in the Russian Federation: concept, causes, conditions and prevention: concept, causes, conditions and prevention: dissertation … candidate of legal sciences: 12.00.08 Kazan, 2007. 260 p.
2. Kuznetsova N. I. Social danger of environmental crimes: criminological aspect // Siberian Legal Review. 2018. No. 1. S. 64-69.
3. Lavygina I. V. Ecological crimes: criminal law characteristics and problems of responsibility: Abstract of the thesis. … candidate of legal sciences: 12.00.08. Baikal. state University of Economics and rights. Irkutsk, 2003. 20 p.
4. Romanov A. A. On the significance of the study of latent environmental crime // Scientific portal of the Ministry of Internal Affairs of Russia. 2017. No. 4 (40). pp. 16-20.
5. Savichenko I. A. Problems of investigation of environmental crimes // Siberian Legal Bulletin. 2004. No. 1. S. 48-52.
6. Sluchevskaya Yu. A. Ecological crime: problems of definition // Society and law. 2019. No. 2 (68). pp. 28-33.
7. Tatyanina L. G., Lukomskaya A. S., Yuldoshev R. R. Concept, essence and modern prospects for the prevention of environmental crime in the Russian Federation // All-Russian Journal of Criminology. 2019. No. 1. S. 103-113.
8. Tikhonova A. S. Remote means corresponding to environmental hazards // Crimean Scientific Bulletin. 2019. No. 4. P. 135-139.
9. Shenshin V. M. Reflection of environmental crime in statistics. Questions of statistics. 2017. No. 1 (11). pp. 81-87.
CRIMINAL LAW
KUZMIN Sergey Spiridonovich
senior lecturer of Criminal law sub-faculty of the Institute of the Academy of the FPS of Russia
LAKEEV Alexey Anatoljevich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of the Academy of the FPS of Russia
PROSPECTS FOR THE DEATH PENALTY AS A TYPE OF CRIMINAL PUNISHMENT IN RUSSIAN CRIMINAL LAW
The article considers issues related to the need to revise the attitude towards the death penalty, which is due to radical changes in the international political situation, as well as changes in the conditions under which the use of this type of criminal punishment was suspended. The authors, characterizing these changes, come to the conclusion that it is advisable to change the wording of Art. 59 of the Criminal Code regarding the possible application of the death penalty to foreign citizens and stateless persons.
Keywords: threats to national security, especially grave crimes against life, the death penalty, elimination of obstacles to the use of the death penalty, prospects for the use of the death penalty.
Reference bibliographic list
1. Kistyakovsky A. F. Research on the death penalty. – Tula: Autograph, 2000. – 272 p.
2. Ferry E. Criminal sociology. – M.: INFRA-M, 2005. – 658 p.
CRIMINAL LAW
MAKAROV Ruslan Vyacheslavovich
lawyer of the First Bar Association of the Republic of Mari El
GABDRAKHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University
SERIOUS HARM TO HEALTH DUE TO NEGLIGENCE (ARTICLE 118 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): MISTAKES OF THE LAW ENFORCEMENT OFFICER, THEIR CAUSES AND CONSEQUENCES
The article discusses the main approaches of science and judicial practice in the investigation and judicial review of criminal cases under Article 118 of the Criminal Code of the Russian Federation. The errors made by law enforcement officers when considering criminal cases of this category are shown. It is concluded that it is necessary to thoroughly clarify all objective and subjective signs of a crime even at the stage of preliminary investigation. It is necessary to distinguish careless harm to health from intentional or innocent harm to human health.
Keywords: criminal law, serious harm to health, negligence, intent, professional duties, mistake
Reference bibliographic list
1. Galyukova M. I. Causing grievous bodily harm through negligence (Article 118 of the Criminal Code of the Russian Federation) // Bulletin of the South Ural State University. Series: Law. 2010. No. 25 (201). pp. 27-31.
2. Evloev N. D. Dispositions in the composition of crimes committed by negligence // Theory and practice of social development. – 2011. – No. 2. – S. 207-209.
3. Evloev N. D. Criminal liability and punishment for negligent crimes: di With. … cand. legal Sciences. – Krasnodar, 2001. – 189 p.
4. Zykov D. A., Shesler S. S., Shesler A. V. The content of negligence as a type of negligence // Issues of Russian and international law. – 2019. – Volume 9. – No. 1A. – S. 143-148.
5. Kozelskaya NL Negligence as a form of guilt // Law and order in modern society. – 2010. – No. 2-2. – S. 191-196.
6. Makarov R. V., Gabdrakhmanov F. V. Qualification errors in determining the subjective side of the crime and their classification // Eurasian Advocacy. – 2018. – No. 2 (33). – S. 37-42.
7. Radchenko S. N., Alekhin V. P. On the issue of types of negligence in Russian criminal law // In the collection: Science, education, society: trends and development prospects. Collection of materials of the VI International Scientific and Practical Conference. In 2 volumes. Editorial board: O. N. Shirokov [and others]. 2017. – S. 316-327.
8. Rukavishnikov E. A. On the issue of differentiation of criminal liability under Art. 118 of the Criminal Code of the Russian Federation // Bulletin of the Tomsk State University. – 2011. – No. 352. – S. 117-119.
9. Rukavishnikov E. A. Criteria for the validity of establishing criminal liability for special types of infliction of grievous bodily harm by negligence // Bulletin of the Tomsk State University. university Right. – 2013. – No. 3 (9). – S. 70-76.
10. Fedorchukova Yu. Ya. Error in the criminal law prohibition and administrative prejudice // Eurasian legal journal. – 2019. – No. 3 (130). – S. 266-277.
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
PLOKHOTNYUK Anastasia Nikolaevna
magister student of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
SOME PROBLEMS OF IMPROVING THE CRIMINAL LAW COUNTERACTION TO CORRUPTION IN THE ECONOMIC SPHERE
This article is devoted to the analysis of the responsibility established in the Criminal Code of the Russian Federation for such a dangerous corruption phenomenon as embezzlement of budget funds. The author, having studied the articles according to which this act is qualified, justifies the conclusion that the existing criminal-legal potential is insufficient to combat embezzlement of budget funds. The author makes a proposal to introduce new articles in the Criminal Code of the Russian Federation and other proposals to improve legislation in this area.
Keywords: corruption, embezzlement, budget funds, official.
Reference bibliographic list
1. Grigorieva, I. V. Criminal liability for theft of budgetary funds: setting the problem // Young scientist. – 2016. – No. 12 (116). – S. 588-592.
2. Borisov S. V., Moiseev S. S. On the expediency of allocating embezzlement of budgetary funds as an independent crime // Law and Law. – 2019. – No. 2. -S. 15-19.
3. Grigoryeva I. V. Embezzlement of state budgetary funds as a threat to the economic security of the Russian Federation // Gaps in Russian legislation. – 2017. – No. 5. – S. 204-206.
4. Grigoryeva I. V. Directions for improving criminal law measures to counter the theft of state property // Gaps in Russian legislation. Legal Journal. – 2018. – No. 2. – P. 118-121.
5. Data of the GIAC of the Ministry of Internal Affairs of Russia for 2019-2021. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/dejatelnost/results/annual_reports (date of access: 12/5/2022).
CRIMINAL LAW
NOVOSELOVA Svetlana Sergeevna
Ph.D. in Law, associate professor of the Department of Law of the Institute of Economics, Management and Law of the Moscow State Pedagogical University
PROBLEMS OF DETERMINING TIME LIMITS WHEN A MOTHER KILLS A NEWBORN CHILD
The article analyzes the problems of determining time periods when a mother kills a newborn child, such as “during childbirth” and “immediately after childbirth”. The peculiarity of the crime under Article 106 of the Criminal Code of the Russian Federation is that the victim is always the newborn child of the woman who gave birth to him, and the subject is his biological mother. The appearance of this norm has caused a lot of ambiguous and contradictory judgments among scientists regarding the assessment of the all participants in this crime and the grounds for allocating this composition to a privileged one. Certain difficulties are caused by the issues of the correlation of the murder of a newborn child by a mother with related crimes, in particular, with paragraph “c” of Part 2 of Article 105 of the Criminal Code of the Russian Federation, as well as with paragraph “b” of Part 2 of Article 111 of the Criminal Code of the Russian Federation.
Keywords: newborn baby, murder during childbirth, murder immediately after childbirth, forensic medical criterion of newborn, pediatric criterion of newborn, obstetric criterion of newborn, biological mother, surrogate mother, privileged composition of the murder.
Reference bibliographic list
1. Actual problems of the criminal law: a textbook for undergraduates / Ed. ed. I. A. Podroikina. – Moscow: Prospekt, 2015. – 560 p.
2. Krasikov A. N. Criminal law protection of human rights and freedoms in Russia. – Saratov: Printer, 1996. – 212 p.
3. Kondrashova T. V. Gaps in criminal liability for crimes against life, health, sexual freedom and sexual integrity. – Yekaterinburg: Humanitarian University, 2000. – 348 p.
4. Andrushko P. A., Aryamov A. A., Babiy N. A. (and others) Crimes against the person in the criminal law of Belarus, Russia and Ukraine / Otv. ed. A. I. Chuchaev. – Moscow: Prospekt, 2014. – 680 p.
5. Sharapov R. To the question of the beginning of the criminal law protection of life // Criminal law. – 1999. – No. 4. – 80 p.
CRIMINAL LAW
PANTYUSHINA Anastasia Igorevna
postgraduate student of the A. G. and N. G. Stoletovs Vladimir State University
PUBLIC DISSEMINATION OF KNOWINGLY FALSE SOCIALLY SIGNIFICANT INFORMATION THAT ENTAILED GRAVE CONSEQUENCES (ARTICLE 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): FEATURES OF THE OBJECTIVE SIDE OF THE CRIME
The article provides a comprehensive theoretical and legal analysis of the structure of the objective side of the offense under Art. 207.2 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The legal content of the signs characteristic of a socially dangerous action is described in detail through the modern understanding of publicity and ways of giving truthfulness to deliberately false socially significant information. Criticism is given to the legislative consolidation of various socially dangerous consequences associated with causing harm to health of varying severity, within the framework of one norm. The inconsistency of the title of Art. 207.2 of the Criminal Code of the Russian Federation to its content. The necessity of criminalization in Part 3 of Art. 207.2 of the Criminal Code of the Russian Federation of using the mass media or electronic or information and telecommunication networks (including the Internet) due to the increased public danger of such a method of criminal activity at the present stage.
Keywords: socially significant information, public distribution, fake, harm to health, severe consequences, material elements of the crime.
Reference bibliographic list
1. Zhilina N. Yu., Mironyuk I. V. On the issue of criminal liability for the public dissemination of knowingly false information about circumstances that threaten the life and safety of citizens // Formation and development of the legal profession: a legacy of generations (dedicated to the memory of front-line lawyers) : Collection of scientific papers of the All-Russian Scientific and Practical Conference, Tambov, October 29–30, 2020 / Ed. editor O. V. Moiseeva. – Tambov: Derzhavinsky Publishing House, 2021. – S. 241-247.
2. Kashtanova P. A. Regulation of freedom of speech on the Internet in the Russian Federation // Issues of Russian justice. – 2020. – No. 1. – S. 294-302.
3. Kuznetsov A. P. Criminal law protection of public security: a scientific review of Art. 207.2 of the Criminal Code of the Russian Federation // Russian investigator. – 2020. – No. 11. – S. 28-31.
4. Kuznetsov V. O. Forensic linguistic expertise in cases of dissemination of knowingly false (unreliable) information under the guise of reliable messages // Theory and Practice of Forensic Science. – 2022. – T. 17. – No. 2. – S. 49-57.
5. Ozhegov S. I. Dictionary of the Russian language: About 57000 words / Ed. N. Yu. Shvedova. 18th ed., stereotype. – Moscow, 1986. – 797 p.
6. Sigarev A. V. Legislation on countering extremism: not liberalization is required, but modernization // Russian justice. – 2021. – No. 1. – S. 55-57.
7. Somov V. A. Rumors as a factor of labor behavior in the initial period of the Great Patriotic War // Historical psychology and sociology of history. – 2011. – No. 4. – S. 19-32.
8. Suleymanova Sh. S., Nazarova E. A. Information wars: history and modernity: textbook. allowance. – Moscow: International Publishing Center “Ethnosocium”, 2017. – 124 p.
9. Trakhov A. I., Beshukova Z. M. Dissemination of deliberately false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation): new elements of crimes with a sign of publicity // Theory and practice of social development. – 2020. – No. 7. – S. 78-82.
10. Suleymanova Sh. S., Nazarova E. A. Information wars: history and modernity: textbook. allowance. – Moscow: International Publishing Center “Ethnosocium”, 2017. – 124 p.
11. Trakhov A. I., Beshukova Z. M. Dissemination of deliberately false information (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation): new elements of crimes with a sign of publicity // Theory and practice of social development. – 2020. – No. 7. – R. 78-82.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation, professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
RASTOROPOVA Olga Vladimirovna
Ph.D. in Law, leading researcher of the Department of scientific support of the Prosecutor’s supervision and strengthening of the rule of law in the sphere of criminal law regulation, execution of criminal penalties and other measures of a criminal legal nature of the Research Institute of the Prosecutor’s office of the Russian Federation, justice adviser
ISSUES OF EXTRADITION TO FRIENDLY STATES OF PERSONS WHO HAVE COMMITTED CRIMES THAT ARE NOT PUNISHABLE BY IMPRISONMENT IN THE RUSSIAN FEDERATION
The extradition of accused or convicted in criminal cases is traditionally based on the rule of “double imputation”, according to
which a person is extradited to another state in cases where the act committed by him is recognized as criminal under the laws of both
the requesting state and the state, which must decide on issuance.
However, there is a problem of different approaches of interacting countries in assessing this or that act of the perpetrator, which
entails differences in legal response measures, namely: in the types of punishment provided for the commission of a particular crime. It is also impossible not to take into account the significant difference in the legal terminology of the criminal law dispositions of the Criminal Code of different states.
Depending on the current legal position of the CIS states and the SCO countries, by mutual agreement when concluding agreements
on legal assistance, in the development of the current international situation and the internal situation of the states parties to the
agreement, the norm of the Convention on Legal Cooperation of States “Obligation to Extradite” may take a more liberal version of the
presentation, that if the request for extradition relates to more than one offense, none of which is punishable under the laws of the two
States with imprisonment, the requested Party may allow extradition for such offenses, provided that the person is extradited for at least
one of the offenses punishable by imprisonment for more than 1 year.”
Keywords: extradition, international cooperation, the person who committed the crime, the rule of “double imputation” in extradition.
Reference bibliographic list
1. Bykova E. V., Vyskub V. S. Extradition and human rights: the rule of “double criminality” // International criminal law and international justice. – 2013. – No. 1. – S. 8-10.
2. Current international law: In 3 volumes / Comp. Yu. M. Kolosov and E. S. Krivchikova. – M., 1996. – T. 1. – S. 72.
3. Lukashuk I. I. International criminal law. – M., 1999. – S. 9-12.
4. Martens F. Modern international law of civilized peoples: In 2 volumes – St. Petersburg, 1900. – T. 2. – S. 391.
5. Murtazina G. I. The main problems of the extradition procedure and ways to resolve them in the context of globalization // Veles. – 2016. – No. 12-1 (42).
6. Safarov N. Extradition in international criminal law: problems of theory and practice. – M.: Wolters Kluver, 2005. – 416 p.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
CRIMINAL LIABILITY FOR SABOTAGE ACTIVITIES THROUGH THE PRISM OF LEGISLATIVE NOVELS
The article deals with certain issues of the qualification of sabotage (Article 281 of the Criminal Code of the Russian Federation), as well as crimes under the newly introduced criminal law norms establishing responsibility for sabotage activities (Articles 281.1-281.3 of the Criminal Code of the Russian Federation). Some provisions on the correlation of these acts with crimes of a terrorist nature are given. Special attention is paid to the analysis of the sanctions of Article 281 of the Criminal Code of the Russian Federation, which allowed us to formulate a conclusion that in order to exclude the imbalance of the mechanisms of responsibility for sabotage, it is reasonable to reconsider the punishment for this act.
Keywords: crime, punishment, sabotage, sabotage activity, high treason.
Reference bibliographic list
1. Judicial statistics data // Official website of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/31/2022).
2. Explanatory note to draft law No. 253939-8 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation” (in terms of establishing liability for sabotage activities). – [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/253939-8 (date of access: 12/31/2022).
CRIMINAL LAW
SHLOMINA Valeriya Valerjevna
investigator of the Investigation Department of the DMIA of Russia for the Yakovlevsky urban district of the Belgorod region
THE PHENOMENON OF SCHOOLSHOOTING AS A SOCIAL AND LEGAL PROBLEM OF OUR TIME
This article examines the phenomenon of schoolshooting from the point of view of interrelated stages in the behavior of adolescents, which include: chronic tension, uncontrolled tension, acute tension, the planning stage and the commission of mass murder. The content of each stage is disclosed separately with the reinforcement of examples of schoolshooting acts on the territory of the Russian Federation. Also analyzed are legislative measures in the field of firearms trafficking, aspects of regulation of the international youth movement “Columbine” aimed at preventing acts of mass murder by teenagers in educational institutions. The ways of their improvement in this direction are proposed.
Keywords: schoolshooting, youth, school shooter, minors, columbine, mass murder.
Reference bibliographic list
1. Sukhodolskaya Yu. V. Skulshuting as an independent criminological phenomenon // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. 2020. No. 3 (77). pp. 117-120.
2. Goncharov L. A. “Columbine” and schoolshooting in the structure of youth extremism and terrorism // Bulletin of the Voronezh Institute of Economics and Social Management. 2019. No. 2. S. 29-31.
3. Jack Levin, Eric Madfis. Mass Murder at School and Cumulative StrainA Sequential Model // American Behavioral Scientist. 2009. No. 52 (9). P. 1227-1245.
4. “You were joking – and I’m joking.” The student shot teenagers from his father’s gun. [Electronic resource]. – Access mode: https://ria.ru/20180510/1520275120.html (accessed 12/22/2022).
5. “Columbine” in Perm. What is known about the attackers on school number 127. [Electronic resource]. – Access mode: https://ivbg.ru/7879710-kolumbajn-v-permi-chto-izvestno-o-napavshix-na-shkolu-127.html (accessed 12/23/2022).
6. The young man broke into the director of the seaside school, where he killed the girl and himself. [Electronic resource]. – Access mode: https://ria.ru/20160318/1392030390.html (accessed 12/24/2022).
7. Borisova N. F. Schoolshooting is a new criminal threat to society // Russian Legal Journal. 2021. No. 1 (6). pp. 125-129.
8. The Supreme Court recognized as terrorist and banned the Columbine movement in the Russian Federation. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/819836 (accessed 12/24/2022).
9. Federal Law No. 150-FZ of December 13, 1996 (as amended on July 14, 2022) “On Weapons” (as amended and supplemented, effective from November 30, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12679/bf02c10cdff4f0e8585bde194e0f1e786b56f897/ (accessed 12/24/2022).
10. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on December 19, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34661/a0395ba9181f3e837c5ec60f879a3fe7ffe08b80/ (accessed 12/25/2022).
11. Karpova A. Yu. Schoolshooting in Russia: what matters? // Power. 2021. V. 29. No. 1. S. 93-108.
CRIMINAL LAW
OMARASHABOV Magomed
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ON THE EFFECTIVENESS OF THE APPLICATION OF EXEMPTION FROM CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF ECONOMICS
The authors of the article analyze the content of the norms on exemption from criminal liability for committing crimes in the field of economics (Article 76.1 of the Criminal Code of the Russian Federation). The article describes the content of the norm providing for the release of convicts on the basis of Article 76.1 of the Criminal Code of the Russian Federation. The article discusses legal and technical inaccuracies, and also examines the prospects for applying the existing version of the article under study of the Criminal Code of the Russian Federation. The purpose of the article is named, which reveals the issues of the application of exemption from criminal liability for economic crimes.
Keywords: criminal liability; economic crime; combating economic crimes.
Reference bibliographic list
1. Dzhindzholiya R. S., Borovikov V. B. Russian criminal law. In 2 parts. A common part. Educational visual aid (diagrams). – M.: Prometheus. 2018. – 158 p.
2. Zvecharovsky I. E., Bimbinov A. A., Bozhenok S. A., Gracheva Yu. V. Criminal law of the Russian Federation. Special part. Textbook / Ed. Zvecharovsky I. E. – M .: Prospect. 2020. – 688 p.
3. Kapinus O. S. Criminal law of Russia. Special part in 2 volumes. Volume 2. Textbook for akademic bachelor’s degree. – M.: Yurait. 2017. – 504 p.
CRIMINAL LAW
SYCH Konstantin Antonovich
Ph.D. in Law, professor, professor of Criminal law sub-faculty of the Academy of the FPS of Russia
A POSITIVE METHOD IN THE HISTORY OF THE SCIENCE OF CRIMINAL LAW
The work is devoted to the positive research method actively used in the criminal-anthropological and criminal-sociological areas in the history of the science of criminal law. The essence of the noted method was the use of scientific knowledge in the field of anthropology, sociology, psychology, medicine and other branches of science. Some results have been obtained using this method have already been embodied in the criminal legislation of a number of European states (Criminal Code of Germany, Criminal Code of Spain, Criminal Code of France, etc.).
Keywords: positive method, social protection measures, dangerous state of the individual, criminal person, new social protection, criminal personality.
Reference bibliographic list
1. Grishaev P. I. Soviet criminology: a course of lectures for students. M., 1977. S. 127.
2. Dril D. A. The doctrine of crime and measures to combat it. SPb., 1912. S. 351.
3. Zhalinsky A. E. Modern German criminal law. M., 2004. P.292.
4. Lambroso C. The latest advances in the science of the criminal. SPb., 1843. S. 27-29.
5. Noy I. S. Methodological problems of Soviet criminology. M., 1975. S. 70-73.
6. Poznyshev SV Criminal psychology. Criminal types. L., 1926. S. 256.
7. See: Alferov Yu. A. Typology of criminals and correctional programs M., 1991. P. 5-9.
8. Tagantsev N. S. Russian criminal law. The part is common. SPb., 1902. S. 14-16.
9. Ferry E. Criminal Sociology M., 1908. S. 35.
CRIMINAL LAW
YAKIMOVA Ekaterina Mikhaylovna
Ph.D. in Law, associate professor, Head of Constitutional and administrative law sub-faculty of the Baikal State University
EGOROV Yuriy Nikolaevich
PhD in Law, Associate Professor of the Chair of Legal Support of National Security of Baikal State University
SOSHIN Alexey Alexandrovich
senior lecturer of Special tactical training sub-faculty of the East-Siberian Institute of MIA of Russia, lieutenant colonel of police
PECULIARITIES OF QUALIFICATION OF RELATED CRIMES AND ADMINISTRATIVE OFFENSES IN THE SPHERE OF MONEY CIRCULATION
Problems of qualification of related crimes and administrative offenses often arise in law enforcement activities. The presence of these difficulties is due to a single object of encroachment and the need to identify the presence of signs of public danger in the act, which, judging by the legal definition of a crime, has only a crime. At the same time, it is the legislator who establishes the criteria for distinguishing related crimes. The criteria can be clear and evaluated. Law enforcers face certain difficulties not only with the application of assessment criteria, but sometimes clear ones. If a joint interpretation of assessment and clear criteria is required, which is common in the qualification of related offenses in the field of money circulation, then these circumstances even more require the attention of the law enforcement officer. It was concluded that when qualifying acts in the field under consideration, the law enforcement officer should clearly understand with what criteria he works and how they need to be assessed.
Keywords: monetary treatment, offense, crime, administrative offense, evaluation criterion, clear criterion, qualification.
Article biographical list
1. Artemov N. M., Arzumanova L. L., Boltinova O. V., Salamova S. Ya., Sitnik A. A., Cho Eun Jin. Responsibility for violation of financial legislation: criminal law and criminological characteristics of crimes committed in the financial sector // All-Russian Journal of Criminology. – 2017. – T. 11. No. 4. – S. 717-730. – DOI: 10.17150/2500-4255.2017.11(4).717-730.
2. Klochko A. N., Logvinenko N. I., Kobzeva T. A., Kiseleva E. I. Legalization of proceeds from crime in banking // Criminological journal of the Baikal State University of Economics and Law. – 2016. – V. 10. No. 1. – S. 194-204. – DOI: 10.17150/1996-7756.2016.10(1).194-204.
3. I. B. Lagutin, M. N. Urda, Yu. – 2015. – V. 9. No. 2. – S. 313-323. – DOI 10.17150/1996-7756.2015.9(2).313-323.
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ON THE ISSUE OF CHANGING THE INVESTIGATIVE AND JUDICIAL PRACTICE UNDER ARTICLE 157 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION IN CONNECTION WITH THE ENTRY INTO FORCE OF FEDERAL LAW NO. 323-FZ OF JULY 3, 2016 (BASED ON THE RESULTS OF A STUDY CONDUCTED IN 2016-2017)
As a result of the policies on the liberalization and humanization of criminal policy held in the country in 2010-2020, the Plenum of the Supreme Court of the Russian Federation dated July 31, 2015 No. 37 draft laws introduced to the State Duma of the Federal Assembly of the Russian Federation providing for the decriminalization of certain elements of crimes of small and medium gravity, which, as a rule, are essentially insignificant and do not pose a great danger to citizens and the state, but for which citizens were most prosecuted, including a criminally punishable act under Art. 157 of the Criminal Code of the Russian Federation. A little less than a year later, Federal Law No. 323-FZ of July 3, 2016 came into force, which included most of the proposals of the judicial community. In this article, the author presented an analysis of the legislation of the Russian Federation and statistical data, conducted in 2016-2017 within the framework of a scientific study devoted to the adoption of the named federal law, in terms of the impact of the adoption changes on the investigative and judicial practice under Art. 157 of the Criminal Code of the Russian Federation.
Keywords: liberalization and humanization of criminal policy, malicious evasion of the payment of funds for the maintenance of children or disabled parents, monitoring, decriminalization, 2016-2017.
Reference bibliographic list
1. Report of the Federal Bailiff Service of Russia “Information on the organization of an inquiry in the Federal Bailiff Service of Russia” (form 4-2) for 2016 and the third quarter of 2017: materials from the website of the Federal Bailiff Service of Russia. – [Electronic resource]. – Access mode: http://fssprus.ru/statistics/ (date of access: 11/22/2017).
2. Report of the Federal Penitentiary Service of Russia “The number of persons held in places of deprivation of liberty, according to the articles of the Criminal Code” for 2015-2016. and III quarter of 2017 – [Electronic resource]. – Access mode: Access from the StatOperator module (date of access: 11/22/2017).
3. Report of the Federal Bailiff Service of Russia “Information on the collection of funds by the Federal Bailiff Service of Russia to the budgetary system of the Russian Federation” (form 1-3) for 2016 and Q3. 2017: Materials from the website of the FSSP of Russia. – [Electronic resource]. – Access mode: http://fssprus.ru/statistics/ (date of access: 11/22/2017).
CRIMINAL LAW
SIMONYAN Samvel Ashotovich
competitor of Criminal law and criminology sub-faculty of the M. V. Lomonosov Moscow State University
STAGES OF DEVELOPMENT OF LEGISLATION GOVERNING THE RELATIONSHIP OF SHARED CONSTRUCTION, THE FORMATION OF RESPONSIBILITY FOR VIOLATION OF CONSTRUCTION LEGISLATION
The article analyzes the historical and legal formation and development of legislation in the field of shared-equity construction.
The work used the historical method, the method of generalization, the method of system analysis.
The article conducts a study of the stages of the emergence and development of legislation in the field of shared construction. The following stages of the historical development of legislation in the area under study are considered: pre-revolutionary, Soviet, post-Soviet. This article lists the types of legal liability for offenses in the field of shared construction in the process of developing legislation that regulates relations in the field of shared construction.
The author carried out a complete, comprehensive review of the history of the formation of legislation in the field of shared construction, which will allow you to have a more accurate and in-depth understanding of shared construction. The legislation regulating the social relations in question is constantly changing and developing. At the same time, methods of committing offenses in this area are also developing. This article is a valuable source for those studying the problems of legislation in the field of shared construction.
Keywords: development of legislation; participation in shared construction, pre-revolutionary stage, Soviet stage, modern stage, administrative responsibility, civil liability, criminal liability.
Reference bibliographic list
1. Abramov A. Equity construction: history and practice // Housing law. – 2013. – No. 2. – P. 7-18.
2. Gorlov VN The emergence of communal apartments in the first years of Soviet power // Bulletin of the State Regional University. – 2016. – No. 4. – P. 85-91.
3. Davletshina R. M. The method of folk construction as one of the ways to solve the housing problem in the Southern Urals after the end of the Great Patriotic War // Proceedings of the conference “Russia in the conditions of the crisis of the XIX-XX centuries. – 2017. – S. 143-148.
4. Dikun A. V. Contract of participation in shared construction. Dis. … cand. legal Sciences. – Rostov-on-Don, 2011. – P. 22.
5. Kirsanova E. V. Legal regulation of shared construction of apartment buildings with the attraction of funds from citizens: dis. … cand. legal Sciences: 12.00.03. – M., 2008. – S. 79.
6. Kitsay Yu. A. The history of the formation of housing relations in Russia in management apartment buildings // Actual problems of the humanities and natural sciences. – 2010. – No. 12. – S. 284-287.
7. Lapshina Ya. A. Deceived real estate investors – problematic aspects of the application of the criminal law // Issues of Russian and international law. – 2017. – No. 6a. – S. 129-138.
8. Malygina VV Features of the investigation of fraud in the housing sector: dis. … cand. legal Sciences. – Volgograd, 2008. – 229 p.
9. Petrova Yu. A. Genesis of development of housing legislation in Russia (questions of theory and practice) // Bulletin of the Moscow University of the Ministry of Internal Affairs. V. I. Kikotya. – 2014. – No. 10. – P. 175-182.
10. Svetlichny A. V. Characteristics of crimes committed in shared housing construction // Russian investigator. – M.: Lawyer, 2007. – No. 22. – S. 25-27.
11. Stupina S. A. Raising funds from citizens for construction in violation of the requirements of the legislation of the Russian Federation on participation in shared construction of apartment buildings and (or) other real estate objects: individual qualification issues // Eurasian legal journal. – 2017. – No. 9. – P. 147-150.
12. Sushina T. E. Protection by the prosecutor of the housing rights of citizens participating in shared construction of apartment buildings. – M .: Publishing house “Yurlitinform”, 2016. – P. 10.
13. Frolkina E. N. Civil liability for violation of the investment agreement in construction: author. … cand. legal Sciences. – M., 2008. – S. 25.
14. Shevyakov R. Criminal liability of the developer for violation of the law on participation in shared construction. – [Electronic resource]. – Access mode: http://protection-investors.rf/articles/154-criminal (date of access: 03/01/2022).
15. Shirbinin A. G. Features of legal regulation of equity participation of citizens in the construction of residential premises for personal needs: dis. … cand. legal Sciences. – Tyumen, 2003. – 165 p.
CRIMINAL LAW
SUROVIKINA Anna Evgenjevna
postgraduate student of Criminal policy sub-faculty of the Academy of the MIA of Russia
THE PREVENTION OF THE USE OF THE INTERNET FOR THE IMPORTATION INTO THE TERRITORY OF THE RUSSIAN FEDERATION AND THE SALE OF FALSIFIED, SUBSTANDARD AND UNREGISTERED MEDICINES AND MEDICAL DEVICES
The article discusses the trends in the development and use of modern technologies in the field of illicit trafficking in medical products in the Russian Federation. When analyzing the current state of crime in this area, attention is focused on the control, supervisory and regulatory functions of state bodies. The author also substantiates the need to improve the technical base for the prevention of crimes related to the import and sale of falsified, substandard and unregistered medicines and medical devices, and the development and fixation of rules (recommendations) for law enforcement agencies to protect the health of citizens in this aspect.
Keywords: pharmaceutical market, e-commerce, falsified, substandard and unregistered medicines, quality and safety.
Reference bibliographic list
1. Romanova A. E. Remote sales of medicines as a possible novelty in Russian legislation // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2019. – No. 3. – P. 120-124.
2. Smirnov A. M. Counteraction to the shadow pharmaceutical market in Russia in terms of bringing to criminal responsibility for the circulation of falsified, substandard and unregistered medicines, medical devices and the circulation of falsified biologically active additives // Journal of Applied Research. – 2021. – No. 2. – P. 48-51.
CRIMINAL LAW
GRISHIN Nikita Sergeevich
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
NON-COMPLIANCE WITH SAFETY REQUIREMENTS AS A CONSTRUCTIVE SIGN OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 238 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article examines the essence of the category “non-compliance with security requirements” in the context of the subject of the crime, criminal liability for which is provided for by Article 238 of the Criminal Code of the Russian Federation. The article analyzes the current legislation in the field of consumer protection, as well as the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation regarding the application of Article 238 of the Criminal Code of the Russian Federation. The author’s proposals regarding the wording of the said act of judicial interpretation are formulated.
Keywords: safety of goods, dangerous goods, works, corpus delicti, services.
Reference bibliographic list
1. GOST 15467-79 “Product quality management”. [Electronic resource]. – Access mode: http://www.consultant.ru.
2. Law of the Russian Federation of February 7, 1992 No. 2300-I “On Protection of Consumer Rights”. [Electronic resource]. – Access mode: http://www.consultant.ru.
3. Ivanov I. S. Sale of expired goods: criminal or administrative liability? [Electronic resource]. – Access mode: http://www.consultant.ru. 2014.
4. Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery”. [Electronic resource]. – Access mode: http://www.consultant.ru
5. Decree of the Plenum of the Supreme Court of the Russian Federation of June 25, 2019 N 18 “On judicial practice in cases of crimes provided for by Article 238 of the Criminal Code of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru
6. Sentence No. 1-46/2022 dated February 9, 2022 in case No. 1-46/2022 of the Shatura City Court of the Moscow Region. [Electronic resource]. – Access mode: http://sud-praktika.ru (date of access: 11/25/2022).
7. Sukhanov A. V. Manufacture, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements: criminal and legal aspects: dis … cand. legal sciences: 12.00.08. – Rostov-on-Don, 2014. – 208 p.
8. Website of the news agency “Gazeta.ru”. [Electronic resource]. – Access mode: https://https://www.gazeta.ru. (date of access: 11/23/2022).
CRIMINAL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
KARPETS Svetlana Igorevna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofya Dmitrievna
student of the 3rd bachelor course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
THE PROBLEM OF PLAGIARISM IN THE SCIENTIFIC AND EDUCATIONAL SPHERE
The article deals with the current problem of plagiarism in scientific publications and qualifying works, which many people do not take seriously, and especially do not realize the likelihood of possible consequences when involved in this activity. Plagiarism is a very common variant of unethical behavior, which consists in using the results of someone else’s author’s work and issuing them for their work. The article presents the analysis of literary and legal sources on the causes and types of plagiarism, as well as possible ethical and legal consequences. In addition, the paper considered the legal norms of different countries concerning the occurrence of legal liability for plagiarism.
Keywords: plagiarism, plagiarist, borrowing, copyright law, internet, original, scientific work.
Reference bibliographic list
1. Barikhin A. B. Big legal encyclopedia. – M.: Book world. – 2010.
2. Kotlyarov I. D. Incorrect borrowings: essence, evaluation problems and countermeasures // Pedagogical journal of Bashkortostan. – 2011. – No. 5.
3. Pleshchenko V.I. On plagiarism in scientific publications and final works // Higher education in Russia. – 2018. V. 27. – No. 8–9.
4. Pyzhikov N. S. Features of the regulation of intellectual property rights in the PRC // Russian Foreign Economic Bulletin. – 2018. – No. 4.
CRIMINAL LAW
NECHEVIN Ivan Dmitrievich
postgraduate student of Criminology sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
VICTIMOLOGICAL ASPECTS OF TRAFFICK IN GINADOLESCENTS: HISTORY AND MODERNITY
The article examines the system of victimological aspects of trafficking in adolescents, touches
on historical and modern experience in combating trafficking in adolescents, both boys and girls.
Keywords: victimology, trafficking, slavery, teenagers, boys, girls, prostitution, forced labor.
Reference bibliographic list
1. “The Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020).
2. “Criminal Code of the Russian Federation” No. 63-FZ of June 13, 1996 (as amended on July 14, 2022, as amended on July 18, 2022) (as amended and supplemented, effective from July 25, 2022).
3. “The Penitentiary Code of the Russian Federation” dated January 8, 1997 No. 1FZ (as amended on June 11, 2022).
4. [Electronic resource]. – Access mode: https://www.kp.ru/daily/28368/4517930/.
5. Regulations on the punishment of criminal and correctional in 1845 (as amended in 1885, in connection with the approval of the Manifesto of Alexander II and the General Regulations on peasants who emerged from serfdom on February 19, 1861).
6. Code of 1903
7. [Electronic resource]. – Access mode: https://www.congress.gov/.
8. [Electronic resource]. – Access mode: https://www.un.org/ru/.
9. Law “On Combating Trafficking in Human Beings” (Decree No. 30-11 of April 3, 2008).
10. [Electronic resource]. – Access mode: https://www.osce.org/en.
11. [Electronic resource]. – Access mode: https://minzdrav.gov.ru/.
12. [Electronic resource]. – Access mode: https://gazeta-pedagogov.ru/tsitaty-velikogo-antonamakarenko/©gazeta pedagogov.ru.
CRIMINAL LAW
TATARINOV Alexander Vladimirovich
competitor of the University of the Prosecutor’s Office of the Russian Federation, Deputy Chairman of the Reutovsky Garrison Military Court
PECULIARITIES OF SENTENCING FOR DRUG ADDICTS
The article deals with topical problems of the content of a special rule for sentencing convicts recognized as drug addicts in accordance with Art. 72.1 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). A general legal assessment is given of the content of this norm, as well as the practice of its application by the courts of the Russian Federation, summarized for the period from 2017 to 2021. Suggestions are made about the need to correct the name and certain provisions of this norm in order to optimize its intended purpose.
Keywords: drug addicts; the imposition of criminal punishment; special rules for the imposition of criminal punishment; medical rehabilitation; social rehabilitation.
Reference bibliographic list
1. Gotchina L. V. Debatable aspects of the appointment of punishment for patients with drug addiction and the application of a deferral of punishment to them // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1. – P. 142-144.
2. Davydenko A. V. Problems of execution of criminal punishment in the form of forced labor // Russian justice. – 2018. – No. 10. – P. 37-40.
3. Luttseva K. V. Criminological features of recidivism among drug addicts // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2015. – No. 2. – P. 111-114.
4. Malygina A. A. The appointment of punishment to a person recognized as a drug addict // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (31). – S. 63-67.
5. On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances: [Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14: as amended. dated May 16, 2017 No. 17] // Bulletin of the Supreme Court of the Russian Federation. – 2006. – No. 8; 2017. – No. 7.
6. On the basics of protecting the health of citizens in the Russian Federation (part 1 of article 40): [feder. Law of November 21, 2011 No. 323-FZ: as amended. dated June 11, 2022 No. 166-FZ] // Collection of Legislation of the Russian Federation. – 2011. – No. 48. – Art. 6724; 2022. – No. 24. – Art. 3926.
7. On the basics of the crime prevention system in the Russian Federation (part 1, article 26): [feder. Law of June 23, 2016 No. 182-FZ] // Collection of Legislation of the Russian Federation. – 2016. – No. 26 (Part I). – Art. 3851.
8. On the approval of the Rules of internal order of pre-trial detention centers of the penitentiary system, the Rules of internal order of correctional institutions and the Rules of internal order of correctional centers of the penitentiary system: [order of the Ministry of Justice of Russia dated July 4, 2022 No. 110] // Official Internet portal of the legal information http://pravo.gov.ru (date of access: 11/22/2022).
9. Sentence No. 1-23/2022 dated February 22, 2022 in case No. 1-23/2022 of the Shilovsky District Court (Ryazan Region). [Electronic resource]. – Access mode: sudact.ru/regular/doc/USCSG8iRsRb/ (date of access: 11/21/2022).
10. Sentence No. 1-35/2021 dated March 25, 2021 in case No. 1-35/2021 of the Shebalinsky District Court (Republic of Altai. [Electronic resource]. – Access mode: sudact.ru/regular/doc/EFl0QnmeoJLp/ ( date of access: 21.11.2022).
11. Sentence No. 1-39/2022 dated February 24, 2022 in case No. 1-39/2022 of the Shebekinsky District Court (Belgorod Region). [Electronic resource]. – Access mode: sudact.ru/regular/doc/XLvrx87Jir5u/ (date of access: 11/21/2022).
12. Sentence No. 1-B90/2020 dated November 26, 2020 in case No. 1-B90/2020 of the Pavlovsky District Court (Voronezh Region). [Electronic resource]. – Access mode: //sudact.ru/regular/doc/Q7zaGfbiLtov/ (date of access: 11/21/2022).
13. Rastoropov S. V. Vector of criminal policy in the field of sentencing in the context of the content of the Concept for the development of the penitentiary system of the Russian Federation for the period up to 2030 / S. V. Rastoropov, N. A. Gorshkova // Bulletin of the Vladimir Law Institute. – 2021. – No. 4 (61). – P. 79–82.
14. Information about persons convicted of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their precursors or analogues, potent substances, plants (or parts thereof) containing narcotic drugs or psychotropic substances or their precursors, new potentially dangerous psychoactive substances for 12 months 2018 – 12 months 2021 (Form No. 6-MV-NON). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 11/20/2022).
CRIMINAL LAW
ULYANOV Anton Sergeevich
competitor of the University of the Prosecutor’s Office of the Russian Federation
ON THE QUESTION OF THE GROUNDS FOR CONSTRUCTING A LIST OF CRIMINAL PENALTIES
The article discusses the issue of building a ladder of criminal penalties. Based on the analysis of the content of punishments, the author focuses on their legal restrictions, the duration of the course, as well as the consequences. As a result of the work done, the author states the need to adopt the legislator’s approach as the only correct one at the present time.
keywords: criminal punishment, system of punishments, ladder of punishments, legal restrictions, term of punishment.
Reference bibliographic list
1. Zvonov A. V. “Ladder” of criminal penalties, alternative isolation from society: a brief assessment of the construction // Library of Criminal Law and Criminology. – 2018. – No. 1 (25). – S. 65-76.
2. Zvonov A. V. The system of restrictions and deprivations provided for by domestic criminal penalties // Vestn. Ros. legal acad. – 2017. – No. 2. – S. 29-32.
3. About banks and banking activity: feder. Law of February 3, 1996 No. 17-FZ // Collected. legislation Ros. Federation. – 1996. – No. 6. – Art. 492.
4. On the practice of imposing criminal penalties by the Courts of the Russian Federation: Decree of the Plenum of the Supreme Court No. 2 of January 11, 2007 // Ros. gas. Jan 24, 2007
5. On the practice of imposing criminal penalties by the courts of the Russian Federation, Resolution: Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 No. 58 // Ros. gas. Dec 29, 2015
6. On the status of judges in the Russian Federation: Law of June 26, 1992 No. 3132 1 // Ros. gas. 1992, July 29
7. On private detective and security activities in the Russian Federation: Law of the Russian Federation of March 11, 1992 No. 2487-1 // Ros. gas. 1992, 30 Apr.
8. About investment funds: feder. Law of November 29, 2001 No. 156-FZ // Collected. legislation Ros. Federation. – 2001. – No. 49. – Art. 4562.
9. About weapons: feder. Law of December 13, 1996 No. 150-FZ // Collected. legislation of the Russian Federation. – 1996. – No. 51. – Art. 5681.
10. On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation: Feder. Law of June 12, 2002 No. 67-FZ // Collected. legislation Ros. Federation. – 2002. – No. 24. – Art. 2253.
11. The Code of Criminal and Correctional Punishments as amended in 1867 // The Code of Criminal and Correctional Punishments with reference to the articles of the Code of Laws referenced in the Code (ed. 1866) with the addition of all additions and changes published on 15- e June 1867 – M .: Printing house V. Gauthier, 1867. – 614 p.
12. Shcherbachenko A. K., Rozhkova L. O. The system of additional types of punishment under the current Russian criminal law // Yurist-Pravoved. – 2015. – No. 4 (71). – S. 41-44.
CRIMINAL PROCESS
АRKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University
ON THE QUESTION OF THE ASYMMETRY OF THE RULES ON THE ADMISSIBILITY OF EVIDENCE
The article discusses issues related to the concept of asymmetry of the rules of admissibility of evidence. The arguments “for and “against” this concept are presented, the opinions of scientists on this matter are given. It is concluded that the existence of this concept is justified, since it is designed to facilitate the correct resolution of the criminal case. It is also possible to further transform the criminal procedure legislation in terms of introducing such concepts as: essential and non-essential violations of the law, recoverable and irreparable violations of the law.
Keywords: criminal proceedings, proof, admissibility of evidence.
Reference bibliographic list
1. Sushenova E. V. Problems of evaluation of evidence in the decision of an acquittal // Sat. materials of the XVIII Intern. scientific-practical. conf. – Novosibirsk. – S. 198-203.
2. Bufetova M. Sh., Lukoshkina S. V. Actual problems of evidentiary activities of a defense counsel in Russian criminal proceedings // Siberian Criminal Procedure and Forensic Readings. – 2018. – No. 4 (22). – S. 41-53.
3. Litvintseva N. Yu. The constitutional mechanism for the implementation of individual rights in criminal proceedings // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 2. – S. 28-36.
4. Litvintseva N. Yu. Legality in the production of a criminal case // Siberian criminal procedure and forensic readings. – 2016. – No. 6 (14). – S. 31-39.
5. Orlov Yu. K. Problems of the theory of evidence in the criminal process. – M.: Lawyer, 2009. – 175 p.
CRIMINAL PROCESS
KONOVALOVA Ekaterina Evgenjevna
postgraduate student of Criminal process, justice and prosecutorial supervision sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PROBLEMS OF THE “SPECIALIZED EXPLANATORY DICTIONARY” IN MODERN CRIMINAL PROCEDURE LEGISLATION
The purpose of this work is to analyze the current article 5 of the Code of Criminal Procedure of the Russian Federation – a kind of “specialized explanatory dictionary”, which is the “legacy” of the Soviet criminal procedure codes, which also included an article with basic concepts. This paper analyzes some of the terms contained in Article 5 of the Code of Criminal Procedure of the Russian Federation, identifies shortcomings in the legislative regulation of this article of the Code of Criminal Procedure of the Russian Federation, and suggests ways to eliminate them. In particular, attention is drawn to the fact that Article 5 of the Code of Criminal Procedure of the Russian Federation contains the following groups of concepts: 1) concepts that are not used in other articles of the Code of Criminal Procedure of the Russian Federation; 2) concepts, the scope of which does not coincide with the scope of similar concepts used in the code; 3) concepts that are devoid of “special” meaning, and which can be derived from the content of other sections, chapters, articles of the Code of Criminal Procedure of the Russian Federation; 4) concepts that are already defined in other legislation and do not require repetition in special criminal procedure. Taking into account the analyzed points of view of process scientists on the criteria for classifying a concept used in the Code of Criminal Procedure of the Russian Federation as a “basic” one, an attempt is made to answer the question of what is the main criterion for including a concept in Article 5 of the Code of Criminal Procedure of the Russian Federation.
Keywords: basic concepts, code of criminal procedure, specialized explanatory dictionary.
Reference bibliographic list
1. Baranov A. M., Smirnova K. N. The concept and properties of the main concepts of the Code of Criminal Procedure of the Russian Federation // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2015. No. 2 (57). pp. 11-15.
2. The course of the criminal process / Ed. L. V. Golovko. M., 2021. 1328 p.
3. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions. M., 2006. 938 p.
4. Portseva O. B. Jurisdiction of criminal cases: author. dis. … cand. legal Sciences. Izhevsk, 2004. 23 p.
5. Smirnova K. N. Criteria for the classification of concepts contained in Art. 5 of the Code of Criminal Procedure of the Russian Federation // Bulletin of the Omsk Law Academy. 2014. No. 4 (25). pp. 70-73.
6. Smirnova KN Basic concepts of the Code of Criminal Procedure of the Russian Federation: author. dis. … cand. legal Sciences. Chelyabinsk, 2013. 31 p.
7. Judiciary and law enforcement agencies / Ed. L. V. Golovko: Textbook. 2nd ed. M., 2022. 816 p.
8. Tissen O. N. Theoretical and practical problems of the institution of a pre-trial agreement on cooperation in Russian criminal proceedings: dis. … doc. legal Sciences. Orenburg, 2017. 487 p.
9. Ushakov D. N. Explanatory dictionary of the modern Russian language. M., 2014. 800 p.
CRIMINAL PROCESS
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
HISTORICAL PREREQUISITES FOR THE ORIGIN OF THE INSTITUTE OF PEOPLE’S REPRESENTATION IN JUDICIAL PROCEEDINGS
The issue of popular participation in the administration of justice and the functioning of the jury is quite relevant in the modern world, as it is directly related to the actual implementation of the principles of the rule of law and the participation of civil society in public relations . The modern institution of jurors has deep historical roots. The article discusses the social and legal prerequisites for the emergence of the institution of popular representation in litigation, analyzes the functions of primary representative people’s judicial bodies, explores their contribution to the development and establishment of fair justice, examines the positive and negative sides, actualizes the importance and necessity of popular representation in the administration of justice.
Keywords: people’s justice, jurors, court, helium, comitia, history of justice.
Reference bibliographic list
1. Kudryavtseva T. V. Gelieya in the context of Athenian sovereign relations // Mnemon: research and publications on the history of the ancient world. – 2007. – No. 6. – S. 23-40.
2. Panokin A. M. Review of court decisions in Ancient Greece and Ancient Rome // Actual problems of Russian law. – 2016. – No. 10. – P. 138-146.
3. Rakhmetullina O.R. Jury trial as a form of public participation in the administration of justice: dis. … cand. legal Sciences. – Samara, 2013. – 247 p.
4. Chesnykh V.I. Jury trial in Russia as a complex legal institution: theory, history, modernity: dis. … cand. legal Sciences. – M., 2003. – 172 p.
CRIMINAL PROCESS
MAGOMEDOVA Kamila Bulatovna
magister student of the 1st course of the master’s degree program, Criminal Procedure profile of the Dagestan State University
RAMAZANOV Tazhutdin Burganovich
Ph.D. in Law, professor, Head of Criminal process and criminalistics sub-faculty of the Dagestan State University
PROSECUTOR’S SUPERVISION AT THE STAGE OF INITIATION OF A CRIMINAL CASE
The article analyzes the role and possibility of participation at the stage of initiation of a criminal case of the prosecutor, the expediency of such participation. The role of the unified interdepartmental digital online platform, which was introduced in order to improve the information support of the Prosecutor’s Office of Russia by the Prosecutor General of the Russian Federation, was also evaluated. It is noted that working with a single electronic file through the functioning of a single interdepartmental digital online platform will exclude the possibility of losing a criminal case or its materials.
Keywords: prosecutor’s office, prosecutor, initiation of criminal proceedings, protection of citizens’ rights, preliminary investigation.
Reference bibliographic list
1. Koni A.F. Selected works. Volume 1. – Moscow, 1959.
2. Golovinskaya I. V. Practical problems of initiating criminal cases // Russian Investigator. – 2007. – No. 10.
3. Tukhtasheva U.A. Criminal process: General part. Tutorial. – Tomsk: Publishing House of TSU, 2007.
4. Ismailov Ch. M. Optimization of the powers of the prosecutor at the stage of initiating a criminal case // Actual problems of Russian law. – 2016. – No. 3.
5. Lazarev V. A. Participation of the prosecutor in the criminal process: Nauch.-prakt. allowance. – M.: Yurait, – 2020.
6. Shvefel D. I. Prosecutorial supervision at the stage of initiating a criminal case: current state and development prospects // Bulletin of the Ural Institute of Economics, Management and Law. – 2019. – No. 3 (48).
4. Bogatova E.V. Oversight of the legality of receiving and registering reports of a crime // Siberian Criminal Procedure and Forensic Readings. – 2015.
CRIMINAL PROCESS
SOCHIVKO Olga Ivanovna
Ph.D. in science psychologicals, lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia in Novokuznetsk, major of internal service
FEATURES OF THE INVESTIGATION BY OPERATIONAL INVESTIGATIVES GROUPS OF MURDERS COMMITTED IN CONDITIONS OF NON-OBVIOUSNESS
The author indicates that the work of a normally functioning investigative-operational group is the key to success in the disclosure and investigation of serious crimes against the individual, primarily unobvious intentional murders. The authors examine the features of the investigator’s work for especially important cases of the Ryazan regional prosecutor’s office Dmitry Matveevich Plotkin, who followed a quarter of a century to the investigative work of the senior investigator and investigator for particularly important cases of the prosecutor’s office of the Ryazan region, including led the investigative-operational group for the disclosure and investigation of unobvious murders. The article notes that only with mutual work on working out a certain version simultaneously by investigative and operational, can answers to all questions of the investigation and achieve the truth. The author gives as examples two facts of crimes that D.M. Plotkin, together with operative officers. It is concluded that it is currently advisable to resume the practice of investigating criminal cases, which was operating about 40 years ago, when the permanent composition of the investigative-operational group was organized, which included prosecutors and operatives of regions and regional internal affairs department .
Keywords: investigation, unobvious intentional killings, operational investigative groups, prosecutor’s office of the Ryazan region.
Reference bibliographic list
1. Improving the teaching of the discipline “Criminalistics” in the universities of the Federal Penitentiary Service of Russia: textbook. allowance / V. V. Kubanov, I. N. Korobova, E. V. Lyadov [and others]. – Ryazan, 2013. – 96 p.
2. Sochivko DV Existential psychodynamics. – M.: Ryazan, 2020. – 225 p.
3. Sochivko O. I., Plotkin D. M., Misnik I. V. A systematic approach to the fight against banditry // State and law in the era of global change: materials of the Intern. scientific-practical. conf. / Ed. D. L. Prokazina. – Barnaul, 2022. – S. 124-125.
4. Sochivko O. I., Plotkin D. M., Misnik I. V. The problem of auto-aggression and self-damaging behavior // Extremism – new challenges to regional security: a collection of materials of the International. scientific conf. / Ed. D. L. Prokazina. – Barnaul, 2022. – S. 50-53.
5. Sochivko O. I., Plotkin D. M. The use of hypnosis during the investigation of crimes // Eurasian legal journal. – 2022. – No. 5 (168). – S. 350-351.
6. Ishchenko E. P., Sochivko O. I., Plotkin D. M. Countering extremist crimes in Russia // Eurasian Law Journal. – 2022. – No. 6 (169). – S. 356-358.
7. Sochivko O. I., Plotkin D. M., Misnik I. V. The use of a psychological portrait of the personality of a criminal in the investigation of serial murders // Eurasian Law Journal. – 2022. – No. 7 (170). – S. 450-453.
8. Sochivko O. I., Plotkin D. M. Life path and activities of a penitentiary psychologist, Doctor of Psychology, Professor Colonel of the Internal Service Dmitry Vladislavovich Sochivko // Penitentiary Science. – 2022. – T. 16. No. 3 (59). – S. 343-344.
9. Crime and punishment from “A” to “I” / under the general. ed. D. V. SOCIVKO. – M.: MPSI, 2009. – 456 p.
CRIMINAL PROCESS
POLIKARPOVA Olga Sergeevna
lecturer of Administrative activities of the department of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
ON THE QUESTION OF THE PERMISSIBLE PERIOD OF NON-APPEARANCE OF THE DEFENDER INVITED TO PARTICIPATE IN INVESTIGATIVE AND OTHER PROCEDURAL ACTIONS
In this manuscript, the provisions of Article 50 of the Criminal Procedure Code of the Russian Federation are analyzed, it is indicated that the deadline for the permissible absence of a defender to participate in investigative and other procedural actions is 5 days from the date of his invitation. The ideas are expressed to bring the period analyzed in line with the real possibilities of criminal proceedings, starting from the first stage of the process, to ensure, through the participation of the defender, qualified legal assistance to the person actually prosecuted during the production of investigative and procedural actions with his participation.
Keyword: defender, protection, suspect, abuse of the right, procedural term, failure of the defender.
Reference bibliographic list
1. Gordeychik S. Abuse of the right to protection // Legality. – 2006. – No. 12 (866). – P. 6-8. – EDN KWLHNV.
2. Kiselev E. A., Kostenko K. A. Non-appearance of a defense counsel as a factor limiting the right of the accused to access to justice within a reasonable time // Problems of counteracting the investigation of crimes and ways to overcome them: Collection of materials of the Interdepartmental scientific and practical seminar, Khabarovsk, 25 May 2017. – Khabarovsk: Moscow Academy of the Investigative Committee of the Russian Federation, 2017. – P. 49-52. – EDN ZDVBUJ.
3. Baeva K. M. Moral principles of criminal procedure methods of counteracting the abuse of the right by the side of the defense in criminal proceedings // Judicial power and criminal process. – 2021. – No. 4. – S. 79-86. – EDN WQRIJI.
CRIMINAL PROCESS
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation, professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
PETROVA Tatyana Nikolaevna
special investigator of the Department for the investigation of iatrogenic crimes of the Department for the investigation of certain types of crimes of the Main Investigation Department Investigative Committee of the Russian Federation, lieutenant colonel of justice
CHIGRINA Olesya Ruslanovna
postgraduate student of the University of the Prosecutor›s Office of the Russian Federation
EXPERT ASSESSMENT OF IN ADEQUATE MEDICAL CARE IN CRIMINAL PROCEEDINGS: THE PURSUIT OF
QUANTITY OR QUALITY?
The selectivity of using in proving the results of an expert assessment of improper provision of medical care in the investigation of
iatrogenic crimes in forensic investigative practice has become the subject of topical discussions by law enforcers.
The presence in a criminal case of a plurality of conclusions of a commission of experts on the assessment of the same iatrogenic
event in certain cases puts the court and investigating authorities in front of the need to evaluate such evidence and make a reasonable
choice.
The article provides an analysis of the reasons for the appointment of subsequent commission forensic medical examinations of
defects in the provision of medical care.
Keywords: improper provision of medical care, iatrogenic crimes, commission forensic examination of defects in medical care,
evaluation of evidence.
Reference bibliographic list
1. Kovalev A. V. The procedure for conducting a forensic medical examination and establishing causal relationships on the fact of non-provision or improper provision of medical care.
Guidelines. 2nd edition, revised and enlarged. – M., 2017. – 32 p.
2. Petrova T. N. Forensic medical examination of defects in the provision of medical care. – M., 2016.
– 32 s.
3. Sashko S. Yu., Kochorova L. V. Medical law: textbook. – M., 2009. – 352 p.
CRIMINAL PROCESS
SENCHENKO Sergey Konstantinovich
postgraduate student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Siberian Federal University, lawyer of the Bar Association of the Yenisei Siberia (Krasnoyarsk Krai)
ON THE QUESTION OF THE INDEPENDENCE OF A LAWYER IN CRIMINAL PROCEEDINGS
In the presented article, the author examines the issue of the lawyer’s connection with the position of the principal in criminal proceedings. The article analyzes cases when a lawyer has the right to take a position contrary to the will of the principal. The author examines in detail the signs of self-incrimination as a situation of permissibility of deviation from the position of the principal. Based on the materials of the judicial, as well as disciplinary practice of the Chamber of Advocates of the subject, the author identifies situations when the defender has the right to take a position contrary to the will of the principal, despite the legislative prohibition. Also, the author suggests ways to solve the existing problems.
Keywords: lawyer, defender, position, self-incrimination, principal.
Reference bibliographic list
1. Determination of the IC in criminal cases of the Supreme Court of the Russian Federation of November 6, 2014 N 66-APU14-58 // Information and legal support “Garant”. – [Electronic resource].
2. Review of the judicial practice of the Supreme Court of the Chuvash Republic (in criminal cases) N 3 (2021) (approved by the Presidium of the Supreme Court of the Chuvash Republic on July 19, 2021) // Information and legal support “Garant”. – [Electronic resource].
3. Review of the disciplinary practice of the Bar Association of the Moscow Region for the first half of 2020 dated 09/01/2020 // Federal Chamber of Lawyers of the Russian Federation. – [Electronic resource]. – Access mode: https://fparf.ru/documents/disciplinary-practice/obzor-distsiplinarnoy-praktiki-advokatskoy-palaty-moskovskoy-oblasti-za-pervoe-polugodie-2020-goda/?sphrase_id=131927 (date of access: 10/21/2022).
4. Bleikher V. M. Explanatory dictionary of psychiatric terms // Academician. – [Electronic resource]. – Access mode: https://psychiatry.academic.ru/Self-incrimination (date of access: 09/16/2022).
5. The course of the criminal process / Ed. Doctor of Law L. V. Golovko.-2nd ed., corrected. – M.: Statute, 2020. – 1280 p.
6. Loer V. Criminalistics // Ivan Kushnir Institute of Economics and Law. – [Electronic resource]. – Access mode: https://be5.biz/pravo/k015/29.html#3 (date of access: 20.09.2022).
7. Ozhegov S.I. Explanatory dictionary of Ozhegov // Academician. – [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/ogegova/212834 (date of access: 09/16/2022).
8. Sineoky O.V. Advocacy as an institution of legal assistance and protection // Lib.Sale. – [Electronic resource]. – Access mode: https://lib.sale/advokatura_besplatno/loj-samoogovor-prinujdenie-priznaniyu-vzglyad-61124.html (date of access: 21.09.2022).
CRIMINAL AND EXECUTIVE LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ZHILYAEV Rustam Mukhamedovich
Ph.D. in Law, Head of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of Execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Research Institute of the Federal Penitentiary Service of Russia
ON THE ISSUE OF CHANGING THE NUMBER OF CONVICTS FOR THEFT AND PETTY THEFT COMMITTED BY A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT
On the initiative of the Supreme Court of the Russian Federation, in 2016 the legislator adopted amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation by Federal Law No. 323-FZ of July 3, 2016, which removed a number of crimes of small and medium gravity from the scope of the criminal law. In particular, theft, committed in the amount of less than 2.5 thousand rubles, was transferred to the category of an administrative offense (petty theft). It was expected that the above changes would reduce the number of citizens prosecuted for crimes of small and medium gravity by about 200 thousand people annually. In this article, the author, based on the analysis of statistical data obtained in the course of scientific research, from the forms of statistical observation of state authorities and courts and other sources, cited the practice of applying one of the articles (Article 158.1 of the Criminal Code of the Russian Federation) that fell under the considered changes in criminal and criminal procedure law from 2016 to the present.
Keywords: theft, liberalization and humanization of criminal policy, petty theft, convicts, decriminalization, change in the number.
Reference bibliographic list
1. Popova M.E. Compulsory work as a type of criminal punishment: problems of appointment // Mariyskiy yuridichesky vestnik. – 2017. – No. 2 (21). – S. 14-20.
2. Report of the Federal Penitentiary Service of Russia “Report on the number of persons held in places of deprivation of liberty under the articles of the Criminal Code of the Russian Federation” for 2015-2022. [Electronic resource] // Access from the automated information system “Statistics of the penal system” (date of access: 12/21/2022).
3. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. Analytical material. – M.: FKU NII FSIN of Russia, 2018. – 38 p.
4. Report of the Federal Penitentiary Service of Russia “Activity of penitentiary inspections. FSIN-16. Section 01. Information on the criminogenic composition of persons registered with the PII (PII branches) and who committed crimes after registration” for 2015-2022. [Electronic resource] // Access from the automated information system “Statistics of the penal system” (date of access: 12/21/2022).
5. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. N. On the issue of changing the number of persons in places of deprivation of liberty in connection with the humanization of the criminal legislation of the Russian Federation (based on the results of monitoring in 2016-2018) / / Vedomosti UIS. – 2019. – No. 6 (205). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-izmenenii-chislennosti-lits-nahodyaschihsya-v-mestah-lisheniya-svobody-v-svyazi-s-gumanizatsiey-ugolovnogo-zakonodatelstva ( date of access: 21.12.2022).
CRIMINAL AND EXECUTIVE LAW
GAMZATOVA Maryam Magomedovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE CONCEPT AND LEGAL REGULATION OF THE USE OF CORRECTIVE MEASURES TO CONVICTS
The article deals with the issues of correction of convicts as a special type of educational process. Educational processes taking place in conditions of the use of measures of state coercion, as well as ensuring the legitimate rights, freedoms and interests of convicts. The basis for the application of corrective measures to convicts is only a court verdict that has entered into legal force. Correction of convicted persons is entrusted to state institutions and bodies of execution of punishments.
The article distinguishes between the procedure and conditions of serving a sentence and the use of legal remedies.
Keywords: convict, corrections of convicts, punishment, serving sentences, educational process.
Reference bibliographic list
1. Malinin V. B., Smirnov L. B. Penitentiary law. Textbook for law schools and faculties. M.: Interregional Institute of Economics and Law, Law Firm “KONTRAKT”, LLC “VOLTERS KLUVER”. 2009
2. Khaitzhanov A. Penitentiary law of the Russian Federation. Tutorial. Penza: IITs PGU, 2006.
3. Kazabekova V. A., Ponomarev P. G. Penitentiary law of Russia. M., 2003.
CRIMINAL AND EXECUTIVE LAW
KLOPOTENKO Alexander Grigorjevich
lecturer of Physical training and sports sub-faculty of the Psychological Faculty of the Academy of the FPS of Russia
SHORT-TERM VISITS OF CONVICTS OUTSIDE THE CORRECTIONAL INSTITUTION: PROBLEMS OF THE GROUNDS FOR THE REALIZATION OF LEGITIMATE INTEREST
The article deals with the problems of legislative consolidation and practical implementation of the institution of short-term visits of prisoners sentenced to imprisonment outside the correctional institution. The incompleteness of fixing the grounds for providing such visits to convicts is noted. The authors propose amendments to the disposition of Article 97 of the Penal Enforcement Code of the Russian Federation concerning the legislative clarification of the grounds for granting the considered legitimate interest of convicted persons to imprisonment.
Keywords: legitimate interests, convicts, trips outside the correctional institution, deprivation of liberty.
Reference bibliographic list
1. Gemanenko L. I. Social and legal characteristics of the institution of departure of convicts outside the correctional institution // Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. – 2021. – No. 3 (42). – S. 40-46.
2. Kashuba Yu. A. Departure of convicts from penitentiary institutions in connection with emergency circumstances // Bulletin of the Kuzbass Institute. – 2021. – No. 2 (47). – S. 65-69.
3. Ozhegov S. I. Dictionary of the Russian language / Pod. ed. N. Yu. Shvedova. – M., 1990. – S. 766.
4. Article-by-article commentary to the Criminal Executive Code of the Russian Federation: as of September 1. 2007: study guide. Under. ed. Yu. I. Kalinina. – M.: 2007. – 726 p.
5. Ushakov R. V. To the question of the grounds for classifying the legitimate interests of convicts // Criminal Executive Law. – 2017. – T. 12. – No. 3. – S. 270-275.
CRIMINAL AND EXECUTIVE LAW
UTKINA Tatyana Vladimirovna
academic secretary of the Academic council of the Perm Institute of the FPS of Russia
PREVENTION AND CAUTION AS A MEANS OF ENSURING THE EXECUTION OF PUNISHMENTS WITHOUT ISOLATION FROM SOCIETY
This article discusses and prevention caution as a means of criminal enforcement enforcement of criminal penalties without isolation from society. The analysis of the norms regulating their application makes it possible to note the ill-considered and insufficient correctional potential of the penalties applied. The proposed amendments to the current legislation are designed to strengthen the effectiveness of alternative punishments applied by applying penalties to violators.
Keywords: punishments without isolation from society, convict, warning.
Reference bibliographic list
1. Karkhanina L. V. Execution by penitentiary inspectorates of some types of punishments, alternative to deprivation of liberty, in relation to minors // Bulletin of the Samara Law Institute. – 2020. – P. 135.
2. Olkhovik N. V. On the socio-criminological grounds for the application (appointment and execution) of punishments and other measures of a criminal law nature not related to deprivation of liberty. – Bulletin of the Kuzbass Institute. – 2021. – No. 4. – P. 113.
3. Poznyshev SV Fundamentals of penitentiary science. – M .: Legal publishing house of the People’s Commissariat of Justice, 1923. – P. 43.
4. Panfilov E. E. Prevention of delinquent behavior of juvenile convicts without isolation from society: criminal law and criminological aspects: author. … cand. legal Sciences. – Kursk, 2020. – S. 14-15.
CRIMINAL AND EXECUTIVE LAW
CHULUNOV Evgeniy Alexeevich
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
CORRECTIONAL LABOR: CRIMINAL-LEGAL ASPECT
In the article the author considers criminal punishment in the form of correctional labor in the Russian legislation. Touches upon the issues of assignment of corrective works. Assesses the measure of state coercion on the part of the socio-legal phenomenon. Gives different opinions of authors who have studied similar problems. Proposes amendments to the current legislation.
Keywords: job, convict, probation, punishments with compulsory involvement in labor, correctional labor.
Reference bibliographic list
1. Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru (date of access: 12/27/2022).
2. Utkin V. A. On the issue of the general part of the Penal Code of the Russian Federation for alternative punishments // Penitentiary security: national traditions and foreign experience: Materials of the All-Russian scientific and practical conference with international participation. In 2 parts, Samara, May 21–22, 2020. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2020. – P. 233-235.
3. Sundurov F. R. The concept and goals of punishment. Types of punishments // Commentary on the Criminal Code of the Russian Federation (scientific and practical) / ed. A. I. Chuchaeva. – Moscow: Prospekt, 2019. – P. 217.
4. Lyadov E. V. Penitentiary characteristics of punishment in the form of correctional labor // Criminal Executive Law. – 2014. – No. 2 (18). – S. 87-93.
5. Stepashin V. M. Special rules for sentencing and measures of a criminal law nature. – M., 2012.
6. Markov V. P. The mechanism for the implementation of basic criminal penalties not related to isolation from society in the Russian Federation (criminal legal analysis): dis. … doc. legal Sciences. – St. Petersburg, 2006. – S. 56.
7. Seliverstov V. I. Correctional work // Crime and punishment. – 2009. – No. 5. – S. 18-21.
8. Gabaraev A. Sh. Features of the penitentiary legal personality of individual entrepreneurs sentenced to corrective labor // Criminal Executive Law. – 2016. – No. 2 (24). – S. 52-55.
9. Sheveleva S. V., Mozhaykina V. A. The principle of the inevitability of punishment in penitentiary law: from declaration to the possibility of implementation // Bulletin of the Perm University. Legal Sciences. – 2021. – Issue. 54. – C. 722-753.
10. Demidov O. G. Punishment evasion: criminal law and criminological aspects: dis. … cand. legal Sciences. – Ryazan, 2004. – P. 9.
CRIMINALISTICS
BUGERA Mikhail Alexandrovich
Ph.D. in Law, associate professor, Head of Preliminary investigation sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
TO THE QUESTION OF THE FEATURES OF THE CRIMINALISTIC CHARACTERISTICS OF THEFT OF THE MEANS OF CELLULAR COMMUNICATION
The article examines the issues of the features of the forensic characteristics of theft of the means of cellular communications, as well as its individual elements, such as the subject of a criminal attack, the place, time and method of committing a crime, traces of the crime committed, the identity of the offender, the identity of the victim. Consideration of these issues is an integral part of the methodology for investigating these types of crimes.
Keywords: forensic characterization, crime, cell phone theft, cellular communication facility, elements of forensic characterization.
Reference bibliographic list
1. Yagodkina Yu. S. Some aspects of disclosure and investigation of theft of cell phones // Theoretical and practical aspects of the preliminary investigation: a collection of scientific articles. – Volgograd, 2020. – S. 472-477.
2. Galyautdinov R. F., Chembarisov T. I. Statistics and methods of counteraction to crimes in the field of cell phone theft // Eurasian legal journal. – 2021. – No. 8 (159). – S. 223-224.
3. Bugera M. A., Veklenko V. V. On measures to prevent cell phone theft // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (92). – S. 63-67.
CRIMINALISTICS
KRASNENKO Yuriy Vladimirovich
lecturer of Criminal process sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE CURRENT STATE AND IMPACT OF CRIMINALISTIC ACTIVITIES ON THE EFFECTIVENESS OF THE DISCLOSURE AND INVESTIGATION OF CRIMES
The effectiveness of solving crimes and investigating criminal cases depends on various areas of activity of law enforcement agencies of the Russian Federation. The article deals with theoretical and practical issues of realizing the possibilities of criminalistic activity in countering modern crime. In the course of studying the issue the author analyzed the features of the use of criminalistic tools in the investigation of crimes in the field of information and telecommunications technologies, touched upon some aspects of the use of technical means in the course of criminalistic support.
Keywords: criminalistic activities, criminalistic support, disclosure and investigation of crimes, technical means.
Reference bibliographic list
1. Bessonov A. A. Modern information technologies in the service of the investigation // Siberian criminal procedure and forensic readings. – 2022. – No. 1 (35). – S. 94-100.
2. Volynsky A. F., Prorvich V. A. The integrating role of forensic science in the formation of a complex of special knowledge and algorithms for their application to detect and properly investigate crimes in the digital economy // Bulletin of economic security, 2021. – No. 3. – P. 138-143.
3. Volynsky A. F., Prorvich V. A. Actual problems of creating computer forensics tools for crimes in the field of digital economy and finance // In the collection: Criminal procedure and forensic science: theory, practice, didactics. Collection of materials of the VI All-Russian scientific-practical conference. – Ryazan, 2021. – S. 67-74.
4. Gavrilin Yu. V., Shipilov V. V. research institute of fraud in the field of computer information // Russian investigator, 2013. – No. 23. – P. 2-6.
5. Gavrilin Yu. V. Activities of internal affairs bodies to combat crimes committed with the use of information, communication and high technologies: textbook: in 2 hours / [Yu. V. Gavrilin, A. V. Anosov and others]. – M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. – Part 1. – 208 p.
6. Krasnenko Yu. V. Some aspects of the use of technical means by the subjects of the disclosure and investigation of crimes // Problems of law enforcement. – 2020. – No. 2. – P. 53.
7. Maylis N. P. On the need to expand the scope of the educational process in the preparation of forensic experts // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia, 2016. – No. 5. – P. 56-59.
CRIMINALISTICS
MINKINA Ekaterina Sergeevna
lecturer of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES COMMITTED BY AN ORGANIZED CRIMINAL GROUP: LEGAL AND ANALYTICAL ASPECT
The precise definition of the criminalistic characteristics of crimes contributes to their effective investigation and disclosure. In this regard, the author reveals the main constructive features of an organized criminal group, which determine the essence and direction of criminal acts carried out by its members, determine the ways of committing crimes, relationships within the group and a number of related issues.
Keywords: criminalistic methodology, organized criminal group, traces, methods, counteraction.
Reference bibliographic list
1. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // SZ RF. – 07/05/2021. – No. 27. – Art. 5351.
2. Stukalova T. V. Topical issues of criminalization and proving acts in the field of organized crime under the legislation of the Russian Federation and the Republic of Kazakhstan: a comparative legal analysis // Results of modern scientific research. Materials of the International (correspondence) scientific-practical conference. – 2021. – S. 61-77.
3. The Criminal Code of the Russian Federation of 06/13/1996 No. 63-FZ (as amended on 09/24/2022) // SZ RF. – 06/17/1996. – No. 25. – Art. 2954.
4. Pinchuk V.S. To the question of the signs of an organized group in the criminal law of Russia // Alley of Science. – 2022. – Vol. 1. – No. 5 (68). – S. 511-516.
5. Sentence No. 1-313/2019 1-36/2020 dated January 30, 2020 in case No. 1-313/2019. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/rX1lMljQY8Hc/ (date of access: 11/10/2022).
6. Convention against Transnational Organized Crime (adopted in New York on 11/15/2000) // CZ RF of October 4, 2004. – No. 40. – Art. 3882.
CRIMINALISTICS
SELYUZHITSKAYA Gulnara Mansurovna
adjunct of Management of crime investigation bodies sub-faculty of the Academy of Management of the MIA of Russia
FEATURES OF PRE-INVESTIGATION VERIFICATION OF REPORTS OF FRAUD COMMITTED AGAINST THE ELDERLY
The article deals with the problems that arise before the investigator (inquirer) when a report of fraud committed against an elderly person is received. Older people are the most “attractive” category of the population, and therefore become frequent victims of fraudsters. As a result of the analysis of materials of judicial and investigative practice, the author describes typical pre-investigation situations that develop at the stage of collecting verification materials to resolve the issue of initiating or refusing to initiate a criminal case, or sending materials on investigation (pre-investigation verification stage). The conclusion is substantiated that it is necessary to include in the methodology of investigation of frauds committed against the elderly, the stage of pre-investigation verification.
Keywords: fraud, elderly person, pre-investigation check, pre-investigation situation.
Reference bibliographic list
1. Avakyan M. V. Methods of investigating and maintaining public prosecution in cases of intentional infliction of grievous bodily harm: dis. … cand. legal Sciences. – Kaliningrad, 2018.
2. Ilyin A. N. Tactics of preliminary verification of a crime report: dis. … cand. legal Sciences. – Moscow, 2009.
3. Makeev A. V. Features of the investigation of crimes against health // Epoch of Science. – 2018. – No. 15.
4. Melikyan MN Procedural and forensic aspects of preliminary verification of statements and reports of crimes: dis. … cand. legal Sciences: 12.00.09. – Krasnodar, 1998.
5. Nugaeva E. D. Features of the investigation of fraud in the provision of occult services: dis. … cand. legal Sciences. – Rostov-on-Don, 2018.
6. Savina L. A. Organization and tactics of preliminary verification of messages about economic crimes. – M., 2006.
7. Selyuzhitskaya G. M. Forensic knowledge about the characteristics of the personality of an elderly victim in cases of fraud // 30 years of legal science KUBGAU. Collection of scientific papers based on the materials of the All-Russian scientific and practical conference with international participation. Edited by V. D. Zelensky, responsible for the issue of S. A. Kuemzhiev, A. A. Tushev. – Krasnodar, 2021. Publisher: Kuban State Agrarian University named after I. T. Trubilin (Krasnodar).
CRIMINALISTICS
KHOREV Mikhail Vladimirovich
lecturer of Forensic science and customs sub-faculty of the Institute of Law and Management of the Tula State University
THE PROBLEM OF DETERMINING THE SOURCE OF INCREASED DANGER FOR THE PURPOSES OF FORENSICS
The article deals with the problem of forensic definition of the concept of “source of increased danger”. Having studied various approaches to the interpretation of the concept under study in forensic science, criminal law and criminal procedure science, the author comes to the conclusion that in all existing definitions there are no clear criteria that would allow one or another object to be unconditionally attributed to sources of increased danger, while avoiding an overly broad interpretation of the concept.
Keywords: source of increased danger, complex technical system, malicious, out of human control, careless crimes.
Reference bibliographic list
1. Antimonov B. S. Civil liability for harm caused by a source of increased danger. – M., 1952. – 296 p.
2. Bikeev II The concept and types of objects of increased danger in criminal law // Actual problems of economics and law. – 2007. – No. 1. – S. 141-149.
3. Boldinov V. M. Responsibility for causing harm by a source of increased danger. – St. Petersburg: Legal Center Press, 2002. – 372 p.
4. Civil Protection: Encyclopedic Dictionary (third edition, revised and expanded); under the general editorship. V. A. Puchkova / EMERCOM of Russia. – M.: FGBU VNII GOChS (FTs), 2015. – 711 p.
5. Gurinskaya A. L. Anglo-American model of crime prevention. Abstract … doc. legal Sciences. – Kaliningrad, 2018. – 46 p.
6. Ershov O. G., Vinogradov M. V. Construction activity as a source of increased danger // Modern law. – 2008. – No. 10. – S. 90-93.
7. Saltevsky M.V. Criminalistics in the modern presentation of lawyers: Textbook.-practical. allowance. – Kharkov: “Rubicon”, 1997. – 432 p.
8. Sergeev A. P. Civil law: Textbook / Ed. A. P. Sergeev, Yu. K. Tolstoy. – M., 1998. Part 2. – 778 p.
9. Tebryaev A. A. Extra-contractual (tort) liability and protection measures for causing harm by a source of increased danger. Abstract dis. … cand. legal Sciences. – St. Petersburg, 2002. – 20 p.
10. Tyazhkova I. M. Responsibility for negligent crimes committed when using sources of increased danger. Dis. … doc. legal Sciences. – M., 2003. – 399 p.
11. Fleishits E. N. Obligations from causing harm and from unjust enrichment. – M., 1951. – 239 p.
12. Shishkin S. K. A source of increased danger and its types // Russian justice. – 2002. – No. 12. – 130 p.
13. Tyazhkova I. M. Negligent crimes using sources of increased danger / Ed. V. S. Komisarova. – St. Petersburg, 2002.
CRIMINALISTICS
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and criminalistics sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz Russian Slavic University
ARDASHEV Roman Georgievich
Ph.D. in Law, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Siberian Law Institute of the MIA of Russia
FORENSIC MEDICAL ASSESSMENT OF THE DEATH OF SPORTS TOURISTS (CLIMBERS) IN MOUNTAINOUS AREAS
The authors consider the classic causes of the death of sports tourists (climbers) in mountainous areas. Examples of high-profile cases of this category are presented (the disappearance of Leningrad climbers led by P. Klochkov, the death of a group of ski tourists led by I. Dyatlov, the death of tourists on the Kola Peninsula and the Eastern Sayans, etc.). A forensic medical description of the injuries received by people in high mountains, which was the cause of their death, is given.
Keywords: forensic medical examination, highlands, violent death, tourism, mountaineering.
Reference bibliographic list
1. Detailed statistics on the death of mountain tourists and climbers in Russia and other countries is given in the book: Lukoyanov P.I. Safety in ski trips and emergency situations of winter conditions. M., 1998. – 140 p. – Approx. ed.
2. Ardashev R. G., Turkova V. N. On erroneous and far-fetched versions in the investigation of the mass death of people (based on materials about the death of the Dyatlov tourist group) // Law and Law. – 2018. – No. 9. – P. 155-157.
3. Volkov E. Did not return from the campaign // Tourist. – 1973. – No. 6. – S. 12-13.
4. Arkhipov O. N. Forensic experts in the case of the Dyatlov group. – Tyumen, 2015. – 200 p.
5. Grekovich A. The Dyatlov group and other mysteriously missing expeditions // Rossiyskaya Gazeta. – 2019. – March 26.
6. Letter No. 3/195401837598 dated May 8, 2019. Personal archive of R. G. Ardashev.
7. Grigoriev A. Smart will not go uphill. Without a phone // Arguments and facts. – 2007. – December 26. – No. 52.
8. Arkhipova A. N. International practice of investigating a murder in the absence of a corpse of the victim // Criminalistics in the system of pr Applications: Proceedings of the conference October 27-28, 2008. – M., 2008. – S. 203-206.
9. Shamurzaev T. T., Ardashev R. G. Activities of law enforcement agencies to search for missing persons and corpses of victims. – Bishkek, 2022. – S. 128-131.
10. Mechukuev A. M., Mechukuev A. A. Analysis of the traumatic death of citizens in high mountains // Forensic Medical Examination. – 2006. – No. 6. – P. 10 -14.
11. Kulinkovich K. Yu., Kutsenko K. I. Morphological features and the mechanism of damage formation during a fall from a high-rise building. Forensic Medical Examination. – 2017. – No. 1. – P. 36-38.
12. Marinov B. Problems of security in the mountains. – M., 1981. – S. 12-16.
13. Desyatov V.P. Death from hypothermia. – Tomsk, 1977. – S. 45-54.
14. Mirrakhimov M. M. Cardiovascular system in high mountains. – L., 1968. – S. 34-42.
CRIMINALISTICS
ISAEV Aliabas Ibrahimovich
master of laws, postgraduate student of Criminalistics sub-faculty of the M. V. Lomonosov Moscow State University
FEATURES OF INSPECTION IN CASES OF SMUGGLING ALCOHOLIC PRODUCTS AND (OR) TOBACCO PRODUCTS
This article is aimed at identifying and considering the main features of the inspection proceedings in cases of smuggling of alcoholic beverages and (or) tobacco products (Article 200.2 of the Criminal Code of the Russian Federation).
The practical basis of this study is the analysis of investigative and judicial practice from the point of view of forensic science.
Smuggling of alcoholic products and (or) tobacco products is a customs crime characterized by a high degree of danger, in connection with which the formation and development of effective approaches to the most common investigative actions in practice aimed at investigating and disclosing this type is of particular importance crimes. The article discusses the features of such types of inspection as inspection of the scene, the subject of smuggling and the vehicle as part of the investigation of this type of smuggling.
The conclusions made in this work can be applied in the process of investigating and solving a crime under article 200.2 of the Criminal Code of the Russian Federation.
Keywords: smuggling, smuggling of tobacco products, smuggling of alcoholic products, investigative inspection, inspection of the scene, inspection of the subject of contraband.
Reference bibliographic list
1. Belkin R. C. Collection, research and evaluation of evidence. Essence and methods. – M., 1966. – S. 112.
2. Bokov A. A. The initial stage of disclosure and investigation of smuggling. Diss. – Moscow, 2004. – P.162.
3. Dugin G. A. Technical means of customs control. – M., 1993. – S. 144.
4. Zhbankov V. A. Mikhailov A. V. Tactics of investigative inspection in cases of crimes related to the competence of the customs authorities of the Russian Federation. – M.: RIO RTA, 2004. – 112 p.
5. Zhbankov V. A. Tactics of investigative inspection. – M .: Academy of the Ministry of Internal Affairs of the Russian Federation, 1982. – S. 56-57.
6. Ishchenko E. P., Toporkov A. A. Criminalistics: Textbook. 2nd ed., rev. and additional / Ed. E. P. Ishchenko. – M .: Contract, Infra-M, 2005. – S. 319.
7. Karnavsky P. Collection of physical evidence in cases of smuggling // Law and Law. – 2008. – No. 9. – S. 77-79.
8. Kozlovsky Yu. O. counteraction to smuggling transported by road // Bulletin of the Russian Customs Academy. – 2010. – No. 3. – P. 73-82.
9. Kolesnikova M. M. Features of the inspection as a tactic of investigative actions in the process of obtaining evidence in cases of customs crimes // Russian investigator. – 2010. – No. 6. – P. 2-5.
10. Criminalistics: textbook / Ed. ed. N. P. Yablokov. – 3rd ed., revised. and additional – M.: Lawyer, 2005. – S. 429.
11. Netskin I. V. Counteraction to the investigation of customs crimes, forensic means and methods of overcoming it: Dis. … Ph.D. – M., 2001.
12. Inspection of the scene. Textbook, ed. V. F. Statkus. – M .: EKTs MVD RF, 1995. – P. 33.
13. Suchkov Yu. I. Customs crimes: Proc. allowance. – Kaliningrad: Publishing House of KSU, 2000. – P. 4.
14. Shervani E. N. K. Features of conducting an investigative examination in the investigation of drug smuggling in the Republic of Iraq // Bulletin of the Tula State University. Economic and legal sciences. – 2015. – No. 4-2. – S. 306-313.
15. Order of the Federal Customs Service of Russia dated October 25, 2011 No. 2190 (as amended on March 26, 2013) On approval of the Instructions on the actions of customs officials during the organization and conduct of customs inspection (inspection) // ATP Consultant Plus.
CRIMINOLOGY
KONOPLEVA Anastasia Dmitrievna
student of the Russian State University of Justice
TEREKHOV Andrey Mikhaylovich
Ph.D. in economical sciences, associate professor of the Russian State University of Justice
KUVYCHKOV Sergey Ivanovich
Ph.D. in Law, associate professor of the Russian State University of Justice
MAZUNOVA Anna Albertovna
senior lecturer of the Volga branch of the Russian State University of Justice
ANALYSIS OF THE RESULTS OF CONSIDERATION OF CORRUPTION-RELATED CRIMINAL CASES THAT PASSED THROUGH THE DISTRICT COURTS OF THE NIZHNY NOVGOROD REGION
The article is devoted to the study of the current state of corruption crimes in the Nizhny Novgorod region on the basis of official statistical data of the territorial Administration of the Judicial Department. The results of the analysis of data on corruption-related criminal cases that have passed through district courts are considered, the structure of such crimes and the structure of the types of basic punishments are revealed. A causal relationship between statistical indicators and social phenomena has been established.
Keywords: corruption, criminal record, statistics, data analysis.
Reference bibliographic list
1. Ivanova A. A. The effectiveness of criminal punishment for corruption crimes // Lex russica (Russian law). – 2022. – T. 75. – No. 6 (187). – S. 59-73.
2. Ovchinnikov A. I. Countering corruption in the context of digitalization: opportunities, prospects, risks // Journal of Russian law. – 2019. – No. 11. – P. 158-170.
3. Terekhov A. M., Kuvychkov S. I., Smirnov S. A. Features of statistical modeling and crime forecasting: theoretical aspect // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (54). – S. 123-130.
CRIMINOLOGY
SOKOLOV Ilya Alexandrovich
postgraduate student of Organization of judicial and prosecutorial-investigative activities sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), Justice of the Peace of the judicial district № 336 of the Balashikha Judicial District of the Moscow Region
INFORMATION SECURITY OF THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION: ESSENCE, CONTENT, BASIC CONCEPTS
The problems of ensuring information security on the part of the prosecutor’s office in the conditions of digitalization of society are reaching a new level. The author of the article clarifies the legal essence and content of the category “information security of the prosecutor’s office”. The result of the study was a comparative analysis of existing concepts explaining the essence of information security.
Keywords: prosecutor’s office, law, prosecutor’s supervision, information security of the state.
Reference bibliographic list
1. Astakhova L. V. Information security: hermeneutic approach. Monograph. – M: RAN, 2010. – 186 p.
2. Inshakov M. V. Ensuring the information security of Russia in the context of the formation of the global information society. Abstract dis. … cand. polit. Sciences: 23.00.02. – M, 2007. – 23 p.
3. Kiyaev V. I., Granichin O. N. Security of information systems: a course. – M.: National Open University “INTUIT”, 2016. – 192 p.
4. Korshunova O. N., Golovko I. I. Category of the object in the theory of prosecutorial activity: theoretical and applied aspects // Law. Journal of the Higher School of Economics. – 2021. – No. 1. – P. 62-79.
5. Manzhueva O. N. Phenomenon of information security: essence and features: dis. … doc. philosopher. Sciences: 09.00.11. – Ulan-Ude, 2015. – 383 p.
6. Organizational and legal support of information security: textbook and workshop for universities / Ed. T. A. Polyakova, A. A. Streltsova. – M: Yurayt, 2021. – S. 12-13.
7. Yasenev VN Information security in economic systems. – Nizhny Novgorod: UNN, 2006. – 253 p.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
FACTORS OF NARCOSIS OF WOMEN IN A SEPARATE REGION OF THE RUSSIAN FEDERATION: ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY
In the article, based on the data of a sociological survey conducted in the Krasnoyarsk Territory in 2022 during the annual monitoring of the drug situation in the Russian Federation, some factors of the spread of drug use among the female population are considered. The values of women, their attitude to the problem of drug addiction, as well as the degree of their involvement in non-medical drug use are determined. Some proposals aimed at improving the effectiveness of research among this population group are formulated, and the essential aspects of women’s anesthesia are emphasized, which should be taken into account when planning and conducting preventive anti-drug measures.
Keywords: anesthesia, drug addiction, monitoring of drug situation, factors of drug use, anti-drug prevention.
Reference bibliographic list
1. Dynamics of the drug situation in the Krasnoyarsk Territory based on the results of sociological research in the format of annual monitoring (2017-2021) / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. N., Zazulin R.I. Research report dated October 27, 2021 (Ministry of Internal Affairs of the Russian Federation).
2. Gvozdetskaya VK Psychological characteristics of men and women in different periods of age crises // Sciences of Europe. – 2016. – No. 9-4(9). – S. 12-24.
3. Tanasov G. G., Sysoeva O. A. Manipulation in relations between a woman and a man // Bulletin of the Adyghe city state university. Series 3: Pedagogy and psychology. – 2011. – No. 1. – P. 152-157.
4. Ruslina A. O. Age, gender and professional differences in the understanding of manipulation: author. dis. … cand. psychol. Sciences. – M., 2008. – 24 p.
CRIMINOLOGY
CHAKIEV Murat Akhmedovich
senior lecturer of Forensic science sub-faculty of the St. Petersburg University of the MIA of Russia, lieutenant colonel of police
ON THE ISSUE OF GUARANTEEING THE RIGHTS AND LEGITIMATE INTERESTS OF DISABLED PEOPLE WHO HAVE BECOME VICTIMS OF SOCIALLY DANGEROUS ACTS
The paper examines the need to increase the guarantees of the rights and legitimate interests of persons with disabilities, especially those recognized as disabled, who have become victims of criminal encroachments, which is currently insufficiently implemented at the state level in general, within the framework of criminal and criminal procedure legislation in particular. Using the example of the criminal legislation of the Republic of Serbia, the ideas of improving the criminal law of the Russian Federation in order to toughen the punishment for crimes against disabled people as the most vulnerable category of the population are proposed. It is also pointed out that the increased control by the State over ensuring guarantees of the rights of persons with disabilities is justified, which seems to be insufficiently implemented.
Keywords: disabled person, crime prevention, protection of the rights of disabled people, victimology, tougher punishment.
Reference bibliographic list
1. Kovalev A. G. Psychology of personality. – M., 1970. – 391 p.
2. Mikhailovskaya O. V. A person in a helpless state as a constructive sign of the main components of crimes // Law and Law. – 2021. – No. 8. – P. 120-125.
3. Totoev R. R., Smelova S. V. On the classification of factors of victimization of disabled people // Criminology: yesterday, today, tomorrow. – 2019. – No. 3 (54). – S. 68-71.
4. Mayorov A. V. On the concept of victimological counteraction to crime // Legal Science and Law Enforcement Practice. – 2015. – No. 4 (34). – S. 50-57.
5. Kuchina M. S. The importance of victimological prevention in the system of crime prevention measures // Innovative economy: prospects for development and improvement. – 2015. – No. 3 (8). – S. 88-94.
LEGAL PROCEEDINGS
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
THE IMPACT OF CLIMATE LITIGATION ON THE ACTIVITIES OF GOVERNMENTS IN THE FIELDOF “CLIMATE CHANGE”: STRATEGIC LAWSUITS
The article argues that the courts have become a decisive lever in the fight to protect the climate from changes. In April 2022, the
IPCC recognized for the first time the important role that climate change litigation plays in influencing “climate governance outcomes and
ambitions.” In September 2022, the first climate lawsuit was filed against the government of the Russian Federation. In total, according to Climate Change Laws of the World, as of October 2022, 2,099 cases related to climate change were initiated in the world. Climate lawsuits against governments have been dubbed “strategic litigation” (or framework litigation) because they aim to bring about broader changes in government climate policy, raise public awareness, or change the behavior of governments or industry actors.
Keywords: climate lawsuits, Paris Agreement, strategic lawsuits, the “Urgenda” case, framework climate litigation.
Reference bibliographic list
1. Gershinkova D. A. (2021). Climate Lawsuits: Foreign Experience and Prospects in Russia // Journal of Foreign Legislation and Comparative Law. – 2021. – T. 17. – No. 3. – S. 116-131. DOI: 10.12737/jflcl.2021.033.
2. Ermakova E. P. (2020). Lawsuits against governments and private companies of European countries on climate protection under the Paris Agreement 2015 (Great Britain, the Netherlands, Germany, France) // Bulletin of the Perm University. Legal Sciences. – 2020. – Issue. 49.-C. 604-625. DOI: 10.17072/1995-4190-2020-49-604-625. – S. 612.
3. Ermakova E. P. (2022). Features of dispute resolution in the field of climate protection by state courts and arbitration // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – T. 26. – No. 1. – S. 192-209. – DOI 10.22363/2313-2337-2022-26-1-192-209.
4. Novel A. (2019). Climate change: a new topic in jurisprudence // UNESCO Courier. – 2019. – No. 3. [Electronic resource]. – Mode of access: https://ru.unesco.org/courier/2019-3/change-klimata-novaya-tema-v-sudebnoy-praktike (accessed 10/12/22).
5. Kleandrov M. I., Frolova E. E., Ermakova E. P. Fundamentals of legal regulation of “green” financing in Russia and the European Union: textbook. – Moscow: RUDN University, 2021. – 74 p.
6. Frolova E. E. (2020) Digitalization and green finance: new trends in the legal regulation of economic relations of the XXI century // In the collection: Modern problems and prospects for the development of private law and public law regulation. Materials of the National scientific and practical conference dedicated to the 75th anniversary of the Victory
in the Great Patriotic War of 1941-1945. and the 90th anniversary of the birth of Doctor of Law, Professor, Academician of the Academy of Social Sciences of the Russian Federation, Honored Lawyer of the Republic of Bashkortostan Mark Semyonovich Ordansky. In 2 parts. – 2020. – S. 328-334;
7. Nedevska J. (2021). An Attack on the Separation of Powers? Strategic Climate Litigation in the Eyes of U.S. Judges // Sustainability. – 2021. – No. 13. – 8335 p.
[Electronic resource]. – Access mode: https://doi.org/10.3390/su13158335
8. Pouikli K. (2021). Editorial: a short history of the climate change litigation boom across Europe. ERA Forum 22, 569-586 (2021). [Electronic resource]. – Access Mode: https://doi.org/10.1007/s12027-022-00700-1.
9. Preston B. (2011). The Influence of Climate Change Litigation on Governments and the Private Sector // Climate Law. – 2011. – No. 2. – P. 485. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2345988 (date of access: 12.10.22).
10 Schiermeier Q. (2021). Climate science is supporting lawsuits that could help save the world // Springer Nature. – 08 September 2021. – Nature 597. – R. 169-171.
– 2021. doi: [Electronic resource]. – Access mode: https://doi.org/10.1038/d41586-021-02424-7.
LAW ENFORCEMENT AUTHORITIES
IVANOVA Lyudmila Apollonovna
Ph.D. in Law, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ACTIVITIES OF INTERNAL AFFAIRS BODIES DURING MASS EVENTS
Today, it is impossible to imagine holding mass events without the participation of internal affairs bodies in them. The qualitative and effective resolution by these bodies of the tasks facing them during the events (regardless of the stages) is directly related to the coordinated work of all subjects involved in ensuring public order and maintaining public safety. The article discusses the concepts of public, mass events, what is the danger of mass riots.
Keywords: public events, mass events, mass riots.
Reference bibliographic list
1. Bad G. I. Special training of employees of the internal affairs bodies: textbook. allowance. – Kursk: South-West. State. un-t. – S. 287.
HUMAN RIGHTS
OSPISHCHEV Roman Igorevich
postgraduate student of Judiciary, civil society and law enforcement sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ACTUAL PROBLEMS OF THE LEGAL STATUS OF FOREIGNERS IN THE RUSSIAN FEDERATION
The article deals with current problems in the field of migration. The influence of foreigners on the security of the country. Also, ways were proposed to eliminate and improve the current migration law of Russia.
Keywords: foreign citizen, migration law, migration, legal status.
Reference bibliographic list
1. Zraeva I. M. Legal regulation of migration processes in Russia: problems and development prospects // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 2. – P. 153-156.
2. Stepanov A. V. On the issue of the migration legal status of foreigners in the Russian Federation // Bulletin of the Tomsk State University. Right. – 2016. – No. 4 (22). – S. 84-97.
STATE AND LAW
KUSHKHOV Khazhmurat Lionovich
senior lecturer of Theory and history of state and law sub-faculty of the Institute of Law, Economics and Finance of the Kh. M. Berbekov Kabardino-Balkarian State University
TO THE QUESTION OF THE PRINCIPLES OF RELATIONS BETWEEN PUBLIC AUTHORITIES AND RELIGIOUS ASSOCIATIONS
Today, in the Russian Federation, as in a multinational and multi-confessional state, the main task for legislators is the separation of state authorities and religious associations. The relationship between the state and religious associations is based purely on legislative acts and norms of the Constitution of the Russian Federation. The legislation of our country is aimed at equality between all people living in the country, gives them the same rights, including freedom of speech and religion, thereby giving people the opportunity to adhere to the religion that is close to them or not to adhere to any, express freely their thoughts and punishes those who infringe on the rights of believers and non-believers, and also uses religion to commit criminal acts, thereby threatening public safety, both of the whole society and people who profess the same religion, because in society they will be associated with a criminal group that uses religion as a cover. And since no religion is recognized as a state or obligatory one, then religious associations that are engaged in manipulating the minds of people, inciting interfaith hatred, sectarianism, etc. are considered illegal, prohibited, and their organizers must bear administrative and criminal liability.
Keywords: state, religion, religious associations, freedom of conscience, multi-confessionalism.
Reference bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the national vote on July 1, 2020). [Electronic resource]. – Access mode: http://www.consultant.ru/ (accessed 11/30/2022).
2. Federal Law “On freedom of conscience and religious associations” dated September 26, 1997 No. 125-FZ [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_16218/ (accessed 11/30/2022).
3. Avanesova E. G. Experience of interaction between public authorities and religious organizations in modern Russia // Bulletin of the Tomsk State University. Philosophy. Sociology. Political science. 2018. No. 46. P. 157-166.
4. Kushkhov Kh. L. On the administrative and legal status of religious associations // Journal of Applied Research. 2021. No. 6-3. pp. 267-270.
5. Kushkhov Kh. L. Organizational and legal issues of improving the interaction of law enforcement agencies with religious associations // In the collection: Actual problems of administrative law and process. Materials of the International scientific-practical conference. Editorial Board: I. V. Yablonsky, S. G. Denisenko, V. N. Kozlov [and others]. Krasnodar, 2021. S. 80-85.
STATE AND LAW
GAVRIKOVA Albina Mikhaylovna
postgraduate student and assistant in History of state and law sub-faculty of the O. E. Kutafin Moscow State University of Law (MSAL)
SUPREME POWER: ELEMENTS, TYPES AND FUNCTIONS
The article contains theoretical analysis definitions of “authority” and “state”. The author formulated her own defenition “supreme power”, emphasizing its characteristics such as unity, fullness, unlimited, constancy and continuity. According to the article depending on the type of sovereign it is possible to distinguish the main types of supreme power, namely the monarchy, aristocracy, democracy, inter alia the monarchy, aristocracy, democracy. The functions of supreme power in terms of influence are separated into internal and external, each type was defined.
Keywords: state, law, society, authority, supreme power.
Reference bibliographic list
1. Boden J. Six books about the state // Anthology of world legal thought in 5 volumes. T. 2: Europe. V-XVII centuries Moscow, 1999. – 829 p.
2. Gratsiansky M. V. Pope Gelasius I (492 ± 496) and his ecclesiological views // Vestnik PSTGU. Series I: Theology. Philosophy. Religious studies. – 2016. – Issue. 3 (65). – S. 25-41
3. Kechekyan S. F. Aristotle’s doctrine of state and law. – M.; L., 1947. – 222 p.
4. Smorchkov A. M. Curiate law on the empire and the auspices of magistrates // Ancient law. – 2003. – No. 11. – S. 24-39.
5. Tikhomirov L. Guiding ideas of Russian life. – M.: Institute of Russian Civilization, 2008. – 637 p.
PEDAGOGY AND LAW
EGORENKOV Dmitriy Vladimirovich
Ph.D. in pedagogical sciences, senior lecturer of Tactical and special training sub-faculty of the Volgograd Academy of the MIA of Russia
BELETSKIY Alexander Alexandrovich
senior lecturer of Fire training sub-faculty of the Volgograd Academy of the MIA of Russia
ABOUT SOME QUESTIONS OF EDUCATION OF THE HIGHER EDUCATION SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS
In this article the author considers the components of the educational process, special attention is paid to the combination of the learning process with the carrying out of official duties.
The aim is to identify the factors that reduce the effectiveness of police training in the MIA HEIs.
The objectives of the study are to consider the components of the educational process, to identify the problems, as well as to propose their solutions to the detected problems.
The following methods were used in the work – dialectical and formal logic, a set of general scientific and special methods of study: analysis and synthesis; some others.
Results of the study and their discussion – the author has identified a large number of entered into tradition activities that take a large amount of time and prevent the full use of time for training, necessary in preparation for future service in the territorial bodies of the Ministry of Internal Affairs of Russia. Thus, it is recommended to reduce the load in the form of outfits, cleaning of the territory, formations to allow students to allocate more time for mastering the curriculum.
Keywords: education higher institution of the Ministry of Internal Affairs, learning difficulties, discipline, service.
Reference bibliographic list
1. Bekk A. A., Evtikhov O. V., The problem of adaptation of cadets of educational organizations of the Ministry of Internal Affairs of Russia to educational and service activities // Scientific component. – 2019. – No. 3 (3). – S. 163-168. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-adaptatsii-kursantov-obrazovatelnyh-organzatsiy-mvd-rossii-k-uchebnoy-i-sluzhebnoy-deyatelnosti/viewer
2. Bashlueva N. N. Historical and pedagogical analysis of the problem of training cadets of military universities and universities of the Ministry of Internal Affairs in the XVII-XIX centuries // Gaps in Russian legislation. Legal Journal. – 2012. – P. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriko-pedagogicheskiy-analiz-problemy-obucheniya-kursantov-voennyh-vuzov-i-vuzov-sistemy-mvd-v-xvii-xix-vekah/viewer
3. Lopatin E. A., Shkabin G. S. Evaluation by cadets of the university of the Ministry of Internal Affairs of Russia of the effectiveness of the use of the electronic educational environment “Moodle” before and during the pandemic of coronavirus infection COVID-19 // Bulletin of the Peoples’ Friendship University of Russia. Series: Informatization of education. Legal Journal. – 2021. – P. 4 [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriko-pedagogicheskiy-analiz-problemy-obucheniya-kursantov-voennyh-vuzov-i-vuzov-sistemy-mvd-v-xvii-xix-vekah/viewer
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
EGOROVA Diana Denisovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
INTER-ETHNIC AND INTERCULTURAL COMMUNICATION OF STUDENTS IN HIGHER EDUCATIONAL INSTITUTIONS
The article analyzes the problems and experience in the organization of interethnic and intercultural interaction of students in the educational environment of a higher educational institution. For effective students’ social and professional development in this process certain skills and conditions are required to ensure the maximum quality of the presentation of educational material and improve the process of mutual understanding. This article reflects the practical experience of foreign students’ interaction at Ufa State Petroleum Technical University in the form of a structured characteristic that explains the influence of the most important environmental factors in the socio-pedagogical support of interethnic interaction. Special attention is focused on interaction with a comprehensive program of foreign students’ social adaptation to the environment during their interethnic and intercultural interaction at the educational institution.
Keywords: professional education pedagogy, ecological approach to education, cultural assimilation, educational university environment, personal and cultural professional development.
Reference bibliographic list
1. Harutyunyan Yu. V. Ethnosociology. – M.: Aspect Press, 2006. – S. 271.
2. Verevkin L. P., Karelov S. V. Foreign students in Russian universities: motives for arrival and employment prospects // Energy: economics, technologies, ecology. – 2006. – No. 5. – S. 68-73.
3. Goncharova N. V. Attitude towards foreign students at the university: some aspects of interethnic interaction // Simbirsk Scientific Bulletin. – 2015. – No. 4 (22). -WITH. 165-170.
4. Domorovskaya O. G. Social and pedagogical conditions for the adaptation of students with a migration background in the cultural and educational space of the university: Abstract of the thesis. … cand. ped. Sciences. – Rostov-on-Don, 2007. – P. 11.
5. Efremova T. F. Modern explanatory dictionary of the Russian language. [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/efremova/ (accessed 08.10.2022).
6. Zhivkovich E. E. Socio-psychological features of interethnic relations in Serbia: dis. … doc. Phil. Sciences. – M., 2018. – S. 328.
7. Karnyshev AD Interethnic interaction in Buryatia: social psychology, history, politics. – Ulan-Ude: BSU, 1997. – S. 184.
8. Kozhanov IV Nature and structure of ethno-cultural socialization of personality // Fundamental research. – 2013. – No. 8-5. – S. 1193-1197. [Electronic resource]. – Access mode: http://fundamental-research.ru/ru/article/view?id=32109 (accessed 08.10.2022).
9. Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university [Text] // Bulletin of the Maikop State Technological University. – 2015. – No. 2. – P.74-76.
10. Pavlenko N. V., Taglin S. A. General and applied ethnopsychology // Society for Scientific Publications of KMK. – Moscow, 2005. – S. 483.
PEDAGOGY AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – branch of the RANEPA under the President of the Russian Federation
PROJECT ACTIVITY IN TEACHING THE COURSE “HISTORY OF STATE AND LAW OF FOREIGN COUNTRIES” FOR LAW STUDENTS
This publication is another in a series of analytical materials prepared by us on the methodology of teaching specialized disciplines for law students in the context of the Federal State Educational Standard (FGOS). The features of the application of the project activity method in teaching the course “History of State and law of foreign countries” for law students are identified and characterized. The domestic and foreign experience is summarized. Conclusions are drawn about the expediency of introducing creative research techniques in academic teaching practice.
Keywords: project activity, method of project activity in teaching, motivation of students, history of state and law of foreign countries, creative activity of students, competence approach in the training of law students.
Reference bibliographic list
1. Kolyvanova L. A., Chekanushkina E. N. Project activity in the preparation of students in universities: a modern aspect // Proceedings of the Samara Scientific Center of the Russian Academy of Sciences: Social, Humanitarian, Biomedical Sciences. – 2021. – T. 23. – No. 81. – S. 22-26.
2. Mamedova L. V., Safarova N. A. Project activity as a means of forming universal educational actions // Modern science-intensive technologies. – 2021. – No. 6-1. – S. 176-180.
3. Nedzelyuk T. G. Roman law as an academic discipline in the modern educational paradigm // Problems of socially-oriented innovative development of the Belarusian society. – Gomel: MITSO, 2017. – S. 328-330.
4. Pyataev D. A., Shcherbakova E. S. Project activity in the structure of higher education // Chelovek. Society. Society. – 2022. – No. 16. – P. 12-15.
PEDAGOGY AND LAW
SHARTDINOV Aidar Shaikhislamovich
senior lecturer of the Military Training Center of Ufa University of Science and Technology, lieutenant colonel
SERGEEV Alexey Petrovich
Head of the Department of Aviation Equipment and Electronic Equipment of the Military Training Center of the Ufa University of Science and Technology, colonel
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
FORMATION OF PROFESSIONAL COMPETENCE OF CADETS OF THE MILITARY TRAINING CENTER OF THE UNIVERSITY IN THE CONTEXT OF INTERACTIVE LEARNING
The article presents the possibilities of interactive learning in the process of forming the professional competence of future reserve officers studying at the military training center of the university in a number of military accounting specialties and examines the didactic principles of interactive learning. The author describes the results of a pedagogical experiment on the formation of professional competence of cadets of the military training center of the university during interactive training, as well as a set of pedagogical conditions that affect the effectiveness of this process. They prove that interactive learning is a way of cognition carried out in the forms of joint activity of students.
Keywords: interactive learning, interactivity, dialogue, student, self-development of personality, subject, professional competence, technology.
Reference bibliographic list
1. Korotaeva E. V. Interactive learning: myths and realities // School technologies. – 2013. – No. 4. – P. 41–48.
2. Panina T. S., Vavilova L. N. Interactive learning. Obrazovanie i nauka. Izvestia URO RAO. – 2007. – No. 6 (48). – S. 32-41.
3. Golovanova I. I., Asafova E. V., Telegina N. V. Interactive learning practices: method. allowance. – Kazan: Kazan. un-t, 2014. – 288 p.
4. Barinova V. I. Methods of overcoming psychological and pedagogical difficulties in the process of using interactive learning // Bulletin of the Tula branch of the Financial University. Socio-economic development of the region: theory and practice. – 2015. – S. 242-244.
5. Methods for identifying satisfaction with the chosen profession (method of A. A. Rean; modification of the methods of V. A. Yadov and N. V. Kuzmina).
6. Yadov V. A. Sociological research: methodology, program, methods. – M., 2006. – 266 p.
7. Zeer E. F., Rudey O. A. Psychology of professional self-determination in early youth: Proc. allowance. – M .: Publishing house of the Moscow Psychological and Social Institute; Voronezh: Publishing house NPO “MODEK”, 2008. – 256 p.
8. Chernyavskaya V. S. Formation of communicative culture in the structure of vocational education of cadets of a maritime university: dis. … cand. ped. Sciences: 13.00.08. – Vladivostok, 1999. – 187 p.
9. Andreev Yu. Yu. Pedagogical technology of education of positive interpersonal relations among cadets of higher educational institutions of internal troops of the Ministry of Internal Affairs of Russia by means of physical culture: dis. … cand. ped. Sciences: 13.00.01. – St. Petersburg, 2012. – 215 p.
10. Plaksina I. V. Interactive technologies in education and upbringing: method. allowance / Vladim. state un-t im. A. G. and N. G. Stoletovs. – Vladimir: Publishing House of VlGU, 2014. – 163 p.
POLITICS AND LAW
MITYAEVA Yuliya Vladimirovna
Ph.D. in political science, associate professor of civil law disciplines sub-faculty of the Moscow Witte University, Ryazan branch
VIDOVA Tatyana Alexandrovna
Ph.D. in historical sciences, associate professor, Deputy Head of Civil law disciplines sub-faculty of the Moscow Witte University, Ryazan branch
GOLOVASTOVA Yuliya Aleksandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law sub-faculty of the Academy of the FPS of Russia, professor of Criminal-Legal and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch, chief researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penal Enforcement Center for the Study of Problems of management and organization of the execution of Sentences in the Penal Enforcement System Research Institute of the FPS of Russia
POLITICAL AND LEGAL ANALYSIS OF THE ESSENTIAL ASPECTS OF THE IMPLEMENTATION OF THE CONCEPT OF MIGRATION POLICY OF THE RUSSIAN FEDERATION, ITS DEVELOPMENT AND IMPROVEMENT
Within the framework of the scientific article, a comprehensive political and legal analysis of the essential factors of the implementation of the concept of the implementation and development of migration policy by the Russian Federation over the past ten years is carried out. The authors consider the nature of migration policy as an integral component of state policy, its targets, actors, functions, and characteristic features. The authors focus special attention on the variability of the issues in the implementation of the provisions of the conceptual program for the development of migration processes in Russia in the existing political and economic realities.
The authors come to conclusions about the desirability of possible changes in the regulatory framework governing the powers of state authorities in the field of migration relations, which will affect both the management of external migration flows and internal migration of citizens of the Russian Federation, contributing to overcoming the damping of the demographic crisis , compensation for the ametric distribution of population and labor resources by region, will strengthen the operational functions of law enforcement agencies, whose powers include monitoring the activities of participants in migration relations and the suppression of illegal actions will increase the degree of participation of the authorities of the constituent entities of the Russian Federation in the use of the working potential of migrants.
Keywords: politics, migration policy, foreign citizen, labor migrants, state authorities, migration flows.
Reference bibliographic list
1. Amirova D. R., Khramova A. I. Regulation of migration processes as a factor in ensuring the national security of the country // Modern scientific research and innovations. 2016. No. 6. [Electronic resource]. – Access mode: https://web.snauka.ru/issues/2016/06/69052 (date of access: 12/23/2022).
2. Brik A. D. Migration law: problems of formation as a branch of Russian law // Yurist-Pravoved. – 2008. – No. 2. – S. 110-114.
3. Zraeva I. M., Laptev V. I. Problems of legal regulation of migration processes in the Russian Federation // Bulletin of the Bryansk State University. – 2019. – No. 3. – S. 136-141.
SOCIOLOGY AND LAW
USTINOVA Oxana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SOCIAL WELL-BEING OF THE POPULATION OF RURAL SETTLEMENTS
The article presents the results of questionnaire surveys conducted in rural settlements in the south of the Tyumen region over the past nine years by scientists from the Tyumen Industrial University. The results of the research confirm that in the studied areas, throughout the years of research, positive moods among the population remain, which affects the social well-being of rural residents.
Keywords: Tyumen region, rural settlements, rural residents, expectations and needs of the population, social well-being.
Reference bibliographic list
1. Kovrov V. F., Kinchagulova M. V. The impact of the pandemic on the socio-political situation: assessments of rural residents // Eurasian Law Journal. – 2021. – No. 7 (158). – S. 471-472.
2. Khairullina N. G. Russian civil society: regional aspect // Eurasian legal journal. – 2020. – No. 4 (143). – S. 375-376.
3. Khairullina N. G. Rural community about the socio-economic situation in modern conditions // Koinon. – 2022. – V. 3. – No. 2. – S. 204-214.
4. Khairullina N. G. The role of sociological research in the activities of the heads of rural settlements / In the collection: Expert institutions in the XXI century: principles, technologies, culture. Collection of scientific papers. Scientific editor T. I. Grabelnykh. – Irkutsk, 2022. – S. 136-138.
SOCIOLOGY AND LAW
YAKUPOVA Gulnara Aidarovna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
GABDRAKHMANOVA Liana Nilevna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
VALITOVA Nika Eduardovna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
GAREEV Eduard Sagidullovich
Ph.D. in science philosophical, professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
MINKOVICH Alexander Mikhaylovich
magister student of the Ufa University of Science and Technology
ADVANTAGES AND DISADVANTAGES OF THE BLOGOSPHERE IN MODERN RUSSIA
The article examines the state of the blogosphere in Russia and its legal regulation, analyzes statistics on the activity of the audience on the Internet, estimates the pace of development of Internet communications in modern Russia. The conclusion is made about the disadvantages and advantages of blogging as a phenomenon in the mass communications system and the concepts of “journalist” and “blogger” are distinguished.
Keywords: blogs, journalists, Internet communication.
Reference bibliographic list
1. Statistics from Technorati.com: State of the Blogosphere. 2008. [Electronic resource]. – Access mode: http://technorati.com/blogging/state-of-the-blogosphere/, Yandex. [Electronic resource]. – Access mode: http://blogs.yandex.ru and Interworldstats. [Electronic resource]. – Access mode: http://www.internetworldstats.com/stats.htm.
2. Pak E. M. Blogs in the system of creative activity of a journalist // Bulletin of St. Petersburg State University. 2011. Ser. 9. Issue. 2. S. 283.
3. Baranova M. V., Fotieva I. V. Blogosphere in the system of mass communication in Russia and the USA: thematic field and social functions. Media Research. 2015. No. 2. 123 p.
4. Gareev E. S., Valitova N. E., Galiev G. T., Gimaev G. Z., Patrushev V. I. Man and society: problems of social technology. Ufa, 2017.
5. Valitova N. E., Gabdrakhmanova L. N., Gareev E. S., Cheremiskin A. A., Yakupova G. A. Communication interaction of authorities with the media // Kazanskaya Science. 2020. No. 12. S. 38-40.
ECONOMY. RIGHT. SOCIETY
GRIN Daniil Mikhaylovich
postgraduate student of the Financial University under the Government of the Russian Federation
STUDY ON CORRUPTION EFFECTS ON THE RUSSIAN ECONOMIC GROWTH
The article reveals the real situation of the economy of the Russian Federation. The authors show the negative impact of corruption on economic activity and the economy as a whole. The need to counter bribery is emphasized and commercial bribery is also mentioned.
Keywords: corruption, bribery, commercial bribery, economic activities.
Reference bibliographic list
1. Pylaeva T. How does corruption affect the sustainability of economic growth? // Baltic region. 2011. No. 4. S. 49-59.
2. Kuznets S. Economic growth and income quality // The American Economic Rewiew. 1955. Vol. 45. No. 1. S. 1-28.
3. Knyazeva IV Antimonopoly policy in Russia: textbook. permission. M.: Omega-L, 2011. 505 p.
4. Damtoft R. Competition promotion, awareness raising and economic development // Dokl. in the intern. conf. on competition under the auspices of the BRIC. Kazan, 2009.
5. Simagina OV. State management of economic dynamics: monograph. Novosibirsk: SibAHS, 2006. 224 p.
6. Tregub Iv. Methods of visualization of model studies. Saarbrücken, 2013.
7. Tregub I. V. Econometrics. Model of a real system, M.: 2016.
8. Tregub I. V., Tregub A. V. Mathematical and computer models of pricing in a competitive market // Bulletin of the Moscow State Forest University – Forest Bulletin. 2008. No. 4. S. 152-159.
9. Tregub A. V., Tregub I. V. Methods of forecasting the main indicators of the development of industries in the Russian economy // Bulletin of the Moscow State University of Forests – Forest Bulletin. 2014. V. 18. No. 4. S. 231-236.
10. Tregub I. V., Tregub A. V. // Application of cointegration analysis to study the mutual influence of financial time series // Fundamental research. 2015. No. 8-3. pp. 620-623.
ECONOMY. RIGHT. SOCIETY
KARPOV Andrey Andreevich
manager of the II category of the Analytics Department, the State autonomous institution of the Volgograd region “My business”
ECONOMIC AND LEGAL STATUS OF THE REGION IN THE SYSTEM OF STATE MAN-AGEMENT OF SPATIAL DEVELOPMENT OF RUSSIA
The article considers the economic and legal status of the Russian regions in the system of state management of the spatial development of the country; the determinism of the application to the allocation of the region of administrative-territorial criterion is substantiated; the content and manifestation of the economic status of the region and its relationship with the legal one is revealed; the legal status of the region is proposed to be considered additively from two elements (general and current legal statuses); the normative and legal acts regulating the management of regional development in Russia are divided into groups according to the spheres of regulation; the problem of inharmonious legal regulation of regional development management is illus-trated.
Keywords: region, legal status of the region, economic status of the region, economic and legal status of the region, regulatory regulation of regional development.
Reference bibliographic list
1. Ageeva Yu. V. Constitutional and legal status of the subjects of the Russian Federation // International Journal of the Humanities and Natural Sciences. – 2020. – No. 6-2. – S. 153-155.
2. Animitsa E. G. Regional policy: essence, main goals, problems // Economics of the region. – 2005. – No. 1. – S. 7-19.
3. Karpov A. A. Features of the inclusive development of the region // XVII Annual Youth Scientific Conference “Science and Technologies of the South of Russia”: abstracts. – Rostov-on-Don: Publishing House of the YuNTs RAS, 2021. – P. 151-151.
4. Karpov A. A. Management of the socio-economic development of the region from the position of ensuring its economic security // Strategies for ensuring the economic security of Russian regions: materials of the III All-Russia. (national) conf. – Volgograd: VolGU Publishing House, 2022. – S. 104-110.
5. Karpov A. A. Factors of balanced regional development // Development of the knowledge system as a key condition for scientific progress: a collection of scientific papers. – Kazan, 2022. – S. 32-36.
6. Lebedev V. A. Constitutional and legal status of subjects of the Russian Federation // Bulletin of the Chelyabinsk State University. – 2012. – No. 1 (255). – S. 5-12.
7. Novoselov A. S., Marshalova A. S. Formation of the modern system of regional and municipal management // All-Russian economic journal ECO. – 2019. – No. 8 (542). – S. 83-102.
8. Tatarkin A. I., Animitsa E. G. Formation of the paradigm theory of regional economy // Economy of the Region. – 2012. – No. 3. – S. 11-31.
9. Shekhovtseva L. S. Conceptual foundations of strategic management of the development of the region // Bulletin of the Murmansk State Technical University. – 2006. – T 9. – No. 4. – S. 690-693.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management (UHSEM) of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of Water supply and sanitation sub-faculty of the Ufa State Petroleum Technological University
MUSTAFINA Alsu Ilshatovna
bachelor of the Ufa State Petroleum Technical University
DANILOV Nikita Valerjevich
bachelor of the Ufa State Petroleum Technical University
ENERGY-SAVING MEASURES IN THE VENTILATION SYSTEM
This article aims to study energy-saving measures in the ventilation system and their economic feasibility of use. In order to create superiority in terms of the uniqueness of the product, a ventilation system was analyzed, where in fans, namely in electric motors, electricity will be generated by energy from solar panels [5]. Such a system is the most energy-saving, since solar energy is used, and it is economically more efficient than if electricity was supplied from the grid. Nevertheless, such an installation had disadvantages such as insufficient solar energy to ensure the normal operation of the entire system in the Russian climate due to the fact that there are few sunny days in the northern regions of the Russian Federation [9].
For a more complete study of the competitiveness of the use of solar panels as an alternative energy source, a comparative characteristic between electric motors and solar-powered engines is presented, namely, an analysis of prices and their main advantages and disadvantages are shown. As a result of this analysis, the strengths and weaknesses of the proposed installation and their ability to withstand competition in the market were identified.
Keywords: energy saving, solar panels, alternative heat sources, economic feasibility of use.
Reference bibliographic list
1. Gafizov O. F., Syundyukova D. R., Klyavlin M. S. Influence of alternative energy sources on the heat supply of civil and industrial buildings. Water supply, sanitation and environmental protection systems: Articles and abstracts. – 2021. – S. 120-132
2. GOST R 51387-99 Energy saving. Regulatory and methodological support. Basic provisions.
3. Dmitriev A. N., Tabunshchikov Yu. A., Kovalev I. N., Shilkin N. V. Guidelines for assessing the economic efficiency of investments in energy-saving measures. – M.: AVOK-PRESS, 2005. – 120 p.
4. Kupshinov Yu. Z. Energy saving in the system of ensuring the microclimate of buildings. – M.: ASV, 2010. – 300 p.
5. Klyavlin M. S., Khalfina D. A., Talipov R. A. Design of ventilation systems taking into account the influence of air permeability of enclosing structures // Electronic scientific journal Oil and gas business. – 2020. – No. 2.
6. Price list for installation. [Electronic resource]. – Access mode: https://promelvent.ru/uslugi/prajs-list-na-montazh/
7. The cost of an autonomous power supply system with solar panels. [Electronic resource]. – Access mode: https://www.solarhome.ru/solar/pv/tsena-srednej-solnechnoj-elektrostantsii./
8. Federal Law of the Russian Federation No. 261-FZ dated November 23, 2009 “On Energy Saving and Energy Efficiency Improvement, and on Amendments to Certain Legislative Acts of the Russian Federation”.
9. Yusupov D. D., Talipov R. A., Klyavlin M. S. Energy-saving measures during the operation of heat exchange equipment for hot water supply // Water supply, water disposal and environmental protection systems. – 2020. – S. 239-244.
10. Raiser Yu. S., Martyasheva V. A. Ventilation of a public building: a teaching aid for the implementation of a course project and independent work on the discipline “Ventilation” for students in the direction 08.03.01 “Construction” / UGNTU, department. VV. – Ufa: UGNTU, 2018.
ECONOMY. RIGHT. SOCIETY
MEHDIYEV Seymour Tajaddin ogly
magister student of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
SULEYMANOVA Failya Khalimovna
magister student of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
BONDARENKO Alexander Viktorovich
Ph.D. in science philosophicals, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
ADVERTISING PRODUCTS OF THE BANKING SECTOR
Staying relevant in the financial industry is no easy task. Especially given the accelerated digital transformation that is currently shaping financial services. Even the best banking advertising ideas follow certain principles such as conveying trust, humanizing the brand, and explaining key features/benefits. Advertising performs two main functions in the banking sector: to attract customer deposits; and attract borrowers and users of other banking services. In the face of ever-increasing competition in the banking environment, advertising helps to create a powerful image and trust in the bank, on the one hand, and gives confidence to customers, on the other hand). It is therefore clear that advertising remains a persuasive and intrusive socio-economic tool for influencing consumer behavior.
Keywords: banking sector, financial advertising, advertising strategy, promotion of banking products, PR strategy.
Reference bibliographic list
1. Role of Advertisement in the Banking Sector: Analysis of Some Selective Case Studies from UK and Lessons for Banks in Bangladesh // ResearchGate. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/280136455_Role_of_Advertisement_in_the_Banking_Sector_Analysis_of_Some_Selective_Case_Studies_from_UK_and_Lessons_for_Banks_in_Bangladesh (Accessed: 12/25/2022).
2. Bakulina A. A., Sokolova E. S. Study of the world and domestic experience in managing the processes of diversification of defense industry enterprises in the digital economy // National Security / Nota bene. – 2019. – No. 5. – S. 1-9.
3. What Is the Importance of Advertising? (Plus Definition and Tips) // Indeed. [Electronic resource]. – Access mode: https://www.indeed.com/career-advice/career-development/importance-of-advertising (accessed 12/27/2022).
4. Yarovova T. V., Stepanov A. A., Savina M. V. Creative-authorized distance learning: theory, methodology, practice // Pedagogical education and science. – 2020. – No. 3. – S. 150-155.
5. Marketing of banking services // Encyclopedia of marketing. [Electronic resource]. – Access mode: https://emjume.elpub.ru/jour/article/view/677 (date of access: 12/27/2022).
6. Umarov Kh. S. The role of fintech start-ups in modern society // Finance and credit. – 2021. – T. 27. – No. 8 (812). – S. 1911-1930.
7. Arzhaev F. I. Regional Comprehensive Economic Partnership as a Tool for Reducing the North-South Problem in the Asian Region: Present and Future // Eurasian Law Journal. – 2019. – No. 2 (129). – S. 435-438.
8. Mikrina VG The role of the international labor organization in the protection and promotion of human rights // Eurasian Law Journal. – 2018. – No. 11 (126). – S. 165-169.
9. Bondarenko A. V., Lukiyanov M. Yu. Evolution of anti-corruption legislation in Russia (social and philosophical analysis) // Eurasian legal journal. – 2014. – No. 10 (77). – S. 213-215.
10. Valiev E., Veysov E. Banking marketing: features, new trends and prospects // Economics and management. – 2019. – No. 7. – S. 83-88.
ECONOMY. RIGHT. SOCIETY
POPOVA Yuliya Alexandrovna
senior lecturer of the Financial University under the Government of the Russian Federation
THE PROBLEM OF DETERMINING THE DISCOUNT RATE FOR ACCOUNTING FOR LEASE TRANSACTIONS ACCORDING TO FSB 25/2018
In 2022, the adoption of the mandatory use of FSB 25/2018 in order to account for lease transactions raises a number of methodological issues related to the determination of the discount rate. The relevance of the study is determined by the need for a theoretical and methodological analysis of the problem of determining and calculating the discount rate to account for future payments on lease transactions. The object of research is accounting objects provided for a fee for the temporary use of property. The subject of the study is the present value of future payments of the rental item. The purpose of the study is a theoretical description of the methodological tools for determining the discount rate for accounting for lease transactions according to FSB 25/2018. Research results: 1. The category of the non-guaranteed liquidation value of the rental item is considered; 2. The category of the fair value of the lease is considered; 3. The formalized form of the considered categories of economic knowledge in the form of calculation formulas is presented; 4. The difference in the calculation of the discount rate of the future value of lease payments of the rental item and the liquidation value of the rental item is justified.
Keywords: rental item, accounting, rental payment, annuity, liquidation value, replacement value.
Reference bibliographic list
1. Federal accounting standard FSBU 25/2018 “Accounting for leases”.
2. Popova Yu. A. The problem of assessing the liquidation value for accounting for depreciation // Discussion. – 2022. – No. 2 (111). – S. 70-76. – DOI 10.46320/2077-7639-2022-2-111-70-76. – EDN BDNBGS.
3. Popova Yu. A. The concept of the fair value of fixed assets in accounting practice // Discussion. – 2022. – No. 3 (112). – S. 86-92. – DOI 10.46320/2077-7639-2022-3-112-86-92. – EDN WQEAAT.
ECONOMY. RIGHT. SOCIETY
SHALAGIN Alexander Yurjevich
Ph.D. in economic sciences, chief specialist – expert of the Department of the Social Fund of Russia for the Republic of Bashkortostan
KHARISOVA Karina Rustamovna
student of the 3rd course of the 307B group of the Pediatric Faculty of the Bashkir State Medical University
LATYPOVA Elvira Robertovna
student of the 3rd course of the 320A group of the Medical Faculty of the Bashkir State Medical University
FINANCING OF POST-PANDEMIC HEALTH CARE
The article discusses the financing of medicine in conditions of rather high turbulence of the economy. In the light of recent events related to COVID-19, the healthcare system has not always been ready to respond to the challenges of the time. The pandemic highlighted the importance of providing medical services in new and completely different ways. Serious changes have taken place in healthcare in a fairly short period of time. The medical industry is undergoing many transformations and new technologies require increased funding. Overcoming the problems of the healthcare system will give impetus to new discoveries, positive changes and reaching a completely new level of development, which requires an increase in costs. The paper highlights the sources of funding and targets for the next year, and suggests specific mechanisms for stabilizing the situation. The analysis carried out in the article indicates the need for the dynamics of increasing the financial costs of this area.
Keywords: healthcare, medicine, medical services, financing, budget, rubles, technologies.
Reference bibliographic list
1. Iziliаeva L. O., Kharisova A. Z., Farkhutdinov A. M., Sultanovа L. F. Economic and sociopolitical implications of the COVID-19 pandemic in global energy markets // In the collection: Business 4.0 as a Subject of the Digital Economy. Cham. – 2022. – S. 647-651.
2. Kharisova A. Z., Karachurina G. G., Sharafullina R. R. Modernization of the socio-economic state of Russia: a new economy // Eurasian legal journal. – 2019. – No. 9 (136). -WITH. 395-396.
3. Karachurina G. G., Sadykov R. M., Khalikova E. K. Assessment of the socio-economic welfare of the population of the Russian region // Regional economy: theory and practice. – 2020. – T. 18. – No. 10 (481). – S. 1910-1925.
4. Ulumbekova G. E., Ginoyan A. B., Kalashnikova A. V., Alvianskaya N. V. Health care financing in Russia (2021–2024). Higher School of Organization and Management of Health Care. [Electronic resource]. – Access mode: https://www.vshouz.ru/journal/2019-god/finаnsirovаnie-zdravookhraneniya-v-rossii-2021-2024-gg-/ (date of access: 12/21/2022).
5. Dmitry K., Borodina M. Medical industry. Legislative activity support system. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/ (accessed 12/19/2022).
6. Finances of medical institutions. [Electronic resource]. – Access mode: https://finance-credit.news/osnovyi-finansov-ekonomika/finansyi-meditsinskih-uchrejdeniy-55025.html (date of access: 12/20/2022).
ECONOMY. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty of the Tyumen Industrial University
CHUMLYAKOVA Darya Vladimirovna
Ph.D. in Economical sciences, associate professor of Economics and production organization sub-faculty of the Tyumen Industrial University
FORMATION OF A PORTFOLIO OF STRATEGIES FOR THE INTERNATIONALIZATION OF TRANSPORT INFRASTRUCTURE
The article is dedicated to the development of a mechanism for strategizing the development of international transport infrastructure. The process of forming a portfolio of alternative strategies for the internationalization of transport infrastructure is presented. This process includes a series of sequential steps (or activities), such as conducting an analysis; formulation of goals, objectives and scenarios; building a matrix; formation of a portfolio of strategies; organization, adoption and control of the implementation of decisions, summing up and evaluating the results. The list of characteristics focused on the internationalization of transport infrastructure is determined to search for development trajectories.
Keywords: internationalization, international transport infrastructure, international transport corridors, integration.
Reference bibliographic list
1. Kizim A. A. Internationalization of transport as a prerequisite for the development of world trade // Transport Bulletin. – 2016. – No. 1. – S. 23-26.
2. Nekhoroshkov V. P. Internationalization of the transport complex as a factor in Russia’s integration into the world economy: dis. … doc. economy Sciences: 08.00.14 / Lomonosov Moscow State University. – Moscow, 2015. – 459 p.
3. Transport strategy of the Russian Federation until 2030 with a forecast for the period up to 2035. Approved by order of the Government of the Russian Federation dated November 27, 2021 No. 3363-r // Government of Russia. Official site. – [Electronic resource]. – Access mode: http://static.government.ru/media/files/7enYF2uL5kFZlOOpQhLl0nUT91RjCbeR.pdf (date of access: 05/24/2022).
4. Gavaev A. S., Yarkov S. A., Chikishev E. M., Chumlyakov K. S. Transport systems and terminal complexes: Textbook. – Tyumen: Tyumen industrial university, 2020. – 92 p.
5. Chumlyakov K. S. Methodological approach to the development of international transport infrastructure in the context of the internationalization of world economic relations // Development of territorial socio-economic systems: theory and practice: Proceedings of the XVII International Scientific and Practical Conference of Young Scientists, Yekaterinburg, March 11-12, 2020 year, 2020. – S. 204-207.
6. Chumlyakov K. S. Internationalization of the national transport infrastructure in conditions of uneven spatial development // Eurasian legal journal. – 2020. – No. 5 (144). – S. 447-449.
7. Knight J. Internationalization of Higher Education Practices and Priorities. – Paris: International Association of Universities (IAU), 2003.
ECONOMY. RIGHT. SOCIETY
BRONDZ Vadim Anatoljevich
postgraduate student of the Ufa State Petroleum Technical University
THEORETICAL PREREQUISITES FOR THE FORMATION OF AN INNOVATIVE ENTERPRISE ENVIRONMENT
In the conditions of modern trends, the driving force of socio-economic development is innovation, which determines the scenarios of innovative development of society. The article presents theoretical studies of innovation and economic development, analyzes well-known approaches to the classification of innovations, identifies and reveals the main factors contributing to the transition of an enterprise to an innovative economy. The evaluation of the variants of the functioning of the innovative sphere of the enterprise, proposed by scientists, is given and the author’s innovative digital version of the functioning of the innovative sphere is proposed, complementing any of the available options in order to obtain a synergetic effect. In conclusion, the definition of the innovative environment of the enterprise is given.
Keywords: innovations, innovations, innovative development, innovative sphere, innovative environment, digital economy, information.
Reference bibliographic list
1. Schumpeter J. Theory of economic development. – M.: Progress, 1992. – 286 p.
2. Mensch G. Das Technologische Patt: Innovationen überwinden die depression. Frankfurt am Main: Umschau. – Verlag, 1975. – 115 p.
3. Zavlin P. N., Vasiliev A. V. Evaluation of the effectiveness of innovations. – St. Petersburg: Publishing House “Business Press”, 1998. – 2016 p.
4. Oslo leadership. Recommendations for collecting and analyzing data on innovation. 3rd ed. Per. from English. – M.: TsNIS, 2010. – 107 p. Oslo manual: Guidelines for collecting and interpreting innovation data. 3rd ed. – Paris: OECD/European Communities Publ., 2005. – 164 p. (Russ. ed.: Rukovodstvo Oslo. Rekomendatsii po sboru i analizu dannykh po innovatsiyam. 3rd izd. – Moscow: Center for Science Research and Statistics Publ., 2010. – 107 p.).
5. Innovative development: economics, intellectual resources, knowledge management / Ed. B. Z. Milner. – M.: INFRA – M., 2010. – 624 p.
6. Valinurova L. S., Leibert T. B., Khalikova E. A. Innovative approaches to corporate financial management in business systems // In the collection: The 21st Century from the Positions of Modern Science: Intellectual, Digital and Innovative Aspects. – Cham, 2020. – S. 83-95.
7. Leibert T. B., Tretyakov K. A. Modeling management of innovative processes of enterprise development // Audit and financial analysis. – 2014. – No. 1. – P. 276-283.
8. Kondratiev N. D. World economy and its conjuncture during and after the war. – Vologda: Region. department of state publishing house, 1922. – 258 p.
ECONOMY. RIGHT. SOCIETY
GALIMNUROV Albert Fidailovich
postgraduate student of the Ufa State Petroleum Technical University
INNOVATIVE FACTORS OF TRANSITION FROM THE POST-INDUSTRIAL TO THE DIGITAL ERA OF SOCIETY DEVELOPMENT
The article discusses the conceptual and fundamental foundations of the formation of the theory of innovation. A meaningful characteristic and assessment of the contribution of scientists to the formation and development of the theory of innovation and innovative development is given. Innovations of the newest stage of economic development are considered. The dominance of information and digital innovations in the transition of society from the post-industrial to the digital era has been identified and determined. The definition of information content innovation is given. Digital and intellectual factors of innovative development are also identified.
Keywords: innovation, economic innovation, innovation activity, cycle, digital innovation, intellectual resources, innovative factors, post-industrial society.
Reference bibliographic list
1. Schumpeter J. Theory of economic development. M.: Progress, 1992. 286 p.
2. Kondratiev N. D. World economy and its conjuncture during and after the war. Vologda: Region department of state publishing house, 1922. 258 p.
3. Tugan-Baranovsky M. I. Periodic industrial crises: History of English crises. General theory of crises. 3rd, perfect. revised ed. St. Petersburg: O. N. Popova Press, 1914. 466 p.
4. Jansen F. The era of innovation. M: INFRA – M, 2002. 308 p.
5. Kuznets Modern economic growth: result Data from research and reflection. Nobel lecture // Nobel laureates in economics: a view from Russia. Ed. Yu. V. Yakovets. St. Petersburg: Humanistics, 2003 p.
6. Yakovets Yu. V. M., Kuzyk B. N. Civilizations: theory, history, dialogue, future. M.: Institute of Economic Strategies, 2006. T. I: Theory and History of Civilizations. 768 p.
7. Kuzyk B. N., Yakovets Yu. V. Russia-2050: the strategy of an innovative breakthrough. Moscow: Economics, 2005. 624 p.
8. Kuzyk B. N., Yakovets Yu. V. National strategy of innovation breakthrough // Economics and management. 2006. No. 5. S. 2-8.
9. Dontsova O. I., Logvinov S. A. Innovative economy: strategy and formation tools: textbook. allowance. M.: Alpha – M: INFRA – M, 2019. 208 p.
10. Belenkova O. A., Vanchukhina L. I., Leybert T. B. Innovative culture: nature, structure, implementation // In the collection: 5th International Multidisciplinary Scientific Conference on social sciences and arts SGEM 2018. Conference proceedings. 2018. S. 531-538.
ECONOMY. RIGHT. SOCIETY
DOLDA Nataliya Ivanovna
postgraduate student of International business and customs sub-faculty of the G. V. Plekhanov Russian University of Economics
PROSPECTS FOR THE INTERNATIONALIZATION OF RUSSIAN SMALL AND MEDIUM ENTERPRISES USING INTERNET TRADING PLANTS
The article discusses the entry of Russian small and medium-sized enterprises into foreign markets, which is associated with a number of barriers. Using marketplaces, companies have the opportunity to internationalize their activities and maximize profits with fewer costs and risks. However, access to foreign markets through online trading platforms has its own characteristics.
Keywords: small and medium enterprises, online trading platforms, internationalization, marketplace, e-commerce, international market.
Reference bibliographic list
1. Dolda N. I. Analysis of factors preventing the internationalization of Russian small and medium enterprises. // Bulletin of the Russian Economic University. G. V. Plekhanov. Introduction. Path to science. – 2022. – No. 2 (38).
2. Kordina I. V., Kruchinin I. S., Stepanova V. A. Strategic alternatives for marketplaces in the internationalization of activities // Baikal Research Journal. – 2022. – No. 1.
3. Morozenkova O. V. New opportunities for the development of Russian export-oriented enterprises of small and medium business // Russian Foreign Economic Bulletin. – 2021. – No. 6.
4. National store of Russian food products on the intra-Chinese site Tmall.com. – [Electronic resource] – Access mode: http://www.ric46.com/news/natsionalnyy-magazin-rossiyskikh-pishchevykh-tovarov-na-vnutrikitayskoy-ploshchadke-tmall-com/ (date of access: 11/22/2022).
5. Russian export center. Encyclopedia of the exporter. – [Electronic resource] – Access mode: https://www.exportcenter.ru/international_markets/classification/ (date of access: 11/22/2022).
6. Progunova L. V., Petrov D. M. Barriers for the development of electronic commerce // Trade of the future: Challenges of the time, concepts, strategies and development models. – 2022.
ECONOMY. RIGHT. SOCIETY
YANTUDIN Artur Nurullovich
magister student of the Ufa State Petroleum Technical University
KIREEVA Olga Alexandrovna
associate professor of corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
COMPETITION AS A VECTOR OF THE DEVELOPMENT OF THE CORPORATE R&D COMPLEX OF A VERTICALLY INTEGRATED OIL AND GAS PRODUCING COMPANY
This article proposes a vector for the development of the corporate research and development complex of a vertically integrated oil and gas company PJSC Rosneft based on internal competition in order to increase labor productivity, reduce project costs and encourage design institutes to improve the quality and diversity of research and design projects works.
Keywords: corporate research and development complex, project approach, competition.
Reference bibliographic list
1 Frolkis V. A., Chernov A. V., Chernov V. P. Project management. – St. Petersburg: Publishing House of St. Petersburg State University of Economics, 2019. – 349 p.
2 Timashev E. O., Pavlov V. A., Ugryumov O. V., Korkin A. M., Arzhilovsky A. V. Specialization of design and scientific competencies as a competitive advantage of the Rosneft company // Oil Industry. – 2020. – No. 11. – P. 8-12.
3 History of KNPK, Rosneft official website. [Electronic resource]. – Access mode: https://www.rosneft.ru/Development/knpk/Istorija_KNPK
4 Porter M. Competition / Per. from English. – M.: Williams Publishing House, 2000. – 495p.
PHILOSOPHY. RIGHT. SOCIETY
KOSTINA Olga Viktorovna
Ph.D. in science philosophicals, associate professor, professor of Philosophy sub-faculty of the Saratov State Law Academy
SHUGUROV Mark Vladimirovich
Ph.D. in science philosophicals, associate professor, professor of Philosophy sub-faculty of the Saratov State Law Academy
THE MYSTICAL COMPONENT OF M. HEIDEGGER’S ONTOLOGICAL SEARCH: DIRECTIONS AND RESULTS OF INTERDISCIPLINARY SYNTHESIS
This study analyzes the causes and consequences of M. Heidegger’s appeal to religious-mystical motives within the framework of the formation and development of his unique version of philosophical ontology. The authors substantiate that interdisciplinarity, which involves the synthesis of philosophical questions about being, on the one hand, and the experience of religious-mystical quests, on the other, in the person of M. Heidegger, led to the interweaving of philosophical and religious mysticism, but did not lead to the loss of the philosophical discipline of his creativity. Particular attention in the article was paid to another direction of interdisciplinary synthesis, namely the philosopher’s penetrating attention to the poetic word, which also contains mystical intentions.
Keywords: religious-mystical experience, fundamental ontology, philosophical mysticism, European metaphysics, apophaticism, metaphysics, poetic word.
Reference bibliographic list
1. Avanesov S. S. The mystical aspect of the Orthodox Christian religious experience // Ideas and ideals. – 2012. – No. 4. – P. 75-83.
2. Bespechansky Yu. V. The influence of M. Heidegger on the later philosophical work of S. L. Frank. The concept of Dasein by M. Heidegger and its significance for modern philosophical thought // Bulletin of SUSU. – 2008. – No. 21. – P. 122-128.
3. Konacheva S. Religious Phenomena in the Perspective of the Question of Being: Heidegger’s Interpretation of Hölderlin’s Poetry as a Phenomenology of the Sacred // Logos. – 2010. – No. 5. – S. 43-54.
4. Konacheva S. Philosophical mysticism as a transformative philosophy: Martin Heidegger and Vladimir Lossky // Heidegger and Russian philosophical thought: a collective monograph / Ed. editor Yu. M. Romanenko. 2nd ed. – St. Petersburg: RKhGA Publishing House, 2021. – 383 p.
5. Rad-Hassan S. M. The influence of M. Heidegger’s work on the philosophical views of S. Frank // Yaroslavl Pedagogical Bulletin. – 2015. – No. 3. – P. 274–277.
6. Ruin X. Becoming Free for Beings: On the Concept of Gelassenheit as the Ethics of Thinking by Eckhart and Heidegger // Factuality and the Event of Thought. Sat. scientific tr. / ed. T. Shchitsova V. Furs. – Vilnius: YSU, 2009. – 280 p.
7. Heidegger M. About poets and poetry: Hölderlin. Rilke. Trakl / Comp., trans. with him. N. Boldyreva. – M.: Aquarius, 2017. – 240 p.
8. Heidegger M. Provision on the foundation. Articles and fragments / Per. from German, glossary, afterword by O. A. Koval, foreword by E. Yu. Sivertsev. – St. Petersburg: Aleteyya, 2000. – 290 p.
9. Heidegger M. Conversation on a country road: Collection: trans. with him. / Ed. A. L. Dobrokhotova. – M.: Higher school, 1991. – 192 p.
10. Shugurov M. V., Duplinskaya Yu. M. Apophatic model of S. L. Frank’s philosophy of religion and Christian religious and mystical experience: foundations and results of interdisciplinary synthesis // Philosophical Thought. – 2022. – No. 1. – S. 34-72.
11. Pöggeler O. Sein und Nichts. Mystische Elemente bei Heidegger und Celan // Zu dr Hin. Über mystische Lebenserfahrung von Meister Eckahrt bis Paul Celan. Frankfurt am Main: Verlag, 1987. – P. 270-307.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSCHUK Alexey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
RUSSIA AND THE WORLD: COGNITIVE AND SEMANTIC OPERATORS OF THE FUTURE
One aspect of the cognitive confrontation between different systems is the translation of ideas about the best form of global sustainability, governability and security. The U.S. has created an image of a successful liberal democracy, a society of opportunity, a shining city upon a hill where dreams come true. For Russia, it is fundamentally important to formulate long-term values, ideals and meanings. After all, the USSR collapsed primarily as a consequence of the depletion of ideological resources and value reference points. What new words does Russia formulate? What image of the future does it offer?
Keywords: psychological operations, information policy, philosophy of communication, cognitive warfare, special military operation (SMO).
Reference bibliographic list
1. O. N. Barabanov. The role of history in V. V. Putin’s foreign policy strategy. Bulletin of MGIMO University. 2016. No. 1 (46). pp. 84-92.
2. Dugin A. G. Noomachia. Mind Wars. Border civilizations. Moscow: Academic Project, 2014. 696 p.
3. Kalyuga A. A. Chinese themes in Vladimir Putin’s speeches at the final plenary sessions of the Valdai International Discussion Club (2012-2020) // 30 years without the Union: losses, successes, prospects. Irkutsk: IGU, 2021, pp. 89-94.
4. Kiva A. V. China and Russia: different models of reforms – different results // World of Changes. Moscow: IV RAN, 2009, pp. 38-52.
5. Lukin A. V. The theory of universal racism – a new version of American cultural dominance // Russia in global politics. 2020. No. 5 (105). pp. 119-136.
6. Timoshchuk A. S. Putin’s Russia as an emergent project // Uchenye zapiski: scientific and practical journal (VF RANEPA). 2018. No. 1 (25). pp. 78-81.
7. Timoshchuk A. S. Philosophy of V. V. Putin as a confrontation with political hype // Actual problems of the humanities and socio-economic sciences. 2019. T. 13. No. 3 (64). pp. 122-127.
8. Timoshchuk A.S. Putin’s philosophy as a national philosophy of adequacy // Bulletin of the Kama Social Institute. 2019. No. 1 (82). pp. 185-192.
9. Shtol V., Zadokhin A. Rivalry of the great powers in the context of civilizational development // Scientific and analytical journal Obozrevatel – Observer. 2019. No. 1 (348). pp. 5-20.
10. Shtol V., Zadokhin A. USA – the origins and limits of American imperialism // Scientific and analytical journal Obozrevatel – Observer. 2018. No. 7 (342). pp. 5-16.
11. Tong L. Will China become a world leader? // Skif. 2019. No. 4 (32). C. 435-447.
PHILOSOPHY. RIGHT. SOCIETY
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in science philosophicals, associate professor of Humanitarian and social-economic disciplines Crimean branch of the Krasnodar University of the MIA of Russia
EXTREMISM AND TERRORISM: FROM THOUGHT TO ACTION
This article discusses two phenomena of the modern socio-cultural space “extremism” and “terrorism” from the position of internal (thought) in relation to the first and external (action) “terrorism”. Since in the modern world there is often a substitution of concepts in relation to the phenomena under study, the relevance of the idea presented in the article is very high. For the possibility of countering these manifestations of the modern world, the issue of separating and delimiting these phenomena both at the level of the conceptual apparatus and from the point of view of modern legislation is extremely important. Only by determining what each of these phenomena is based on will make it possible to more effectively counter them and increase the level of ensuring the national security of the Russian Federation.
Keywords: extremism, terrorism, extremality.
Reference bibliographic list
1. Konopleva A. A. Transformation of communicative interaction in the space of information and telecommunication networks // Scientific research and development. Modern communication science. – 2021. – V. 10. No. 5. – S. 64-69.
2. Konopleva A. A. The role of intercultural conflicts in the development of extremism and terrorism (on the example of the experience of the Russian Federation and the Republic of Crimea) // In the book: Countering extremism and terrorism in the Crimean Federal District: problems of theory and practice Crimea, 2015. – P. 64-75.
3. Nikitina L. N. Pokemon go: mass character as a result of the impact of emotional infection and imitation, resulting threats to law and order and public safety // Scientific Review. Series 2: Humanities. – 2016. – No. 4. – S. 47-55.
4. Chudina N. V. Homo extremality – a man of the XXI century // Uchenye zapiski Taurida National University named after V. I. Vernadsky. Series: Philosophy. Culturology. Political science. Sociology. – 2014. – T. 27. – No. 1-2 (66). – S. 99-104.
5. Federal Law No. 35-FZ of March 6, 2006 on combating terrorism. Revision dated 05/26/2021.
PHILOSOPHY. RIGHT. SOCIETY
KHAZIPOVA Evelina Rifovna
magister student of the 2nd year of study of the Faculty of Philosophy and Sociology of the Bashkir State University
THE ROLE OF BELIEFS ABOUT THE WORLD AND VALUES AS BEHAVIORAL DETERMINANTS OF MODERN YOUTH
This article presents a theoretical analysis of the problem of the interdependence of personal beliefs about the world and values with the demonstrated behavior of the younger generation. The author also presents the results of his own study among students of Bashkir State University in order to confirm the hypothesis that worldview attitudes are predictors of behavior among today’s youth.
Keywords: youth, worldview, values, beliefs, motivation, behavioral stereotypes.
Reference bibliographic list
1. Leontiev D. A. From social values to personal ones: sociogenesis and phenomenology of value regulation of activity // Bulletin of the Moscow University. Psychology. – 1996. – No. 4. – S. 35-41.
2. Shabalovskaya M. V. Axiological aspect of the development of the activity of modern students // Vestnik TSPU. – 2009. – No. 6. – P. 81-85.
3. Shamionov R. M., Bocharova E. E., Nevsky E. V. The role of values in youth commitment to various types of social activity // Social psychology and society. – 2022. – No. 1. – P. 124-141.
4. Rokeach M. Understanding human values: Individual and societal. – New York: Free Press, 1979. – 302 p.
PHILOSOPHY. RIGHT. SOCIETY
KHISMATULLIN Sergey Alexandrovich
postgraduate student of the 3rd year of study of the Faculty of Philosophy and Sociology of the Ufa University of Science and Technology
FEATURES OF THE POLITICAL CONSCIOUSNESS OF YOUNG PEOPLE
The article highlights the actual problems of the peculiarities of the political consciousness of young people, the problems of its formation in the conditions of modern society. In the modern world, one can face the low quality of the work of the institutions of political socialization, which requires the actualization of this problem in society for the further development of the country’s political activity. It is necessary to direct and integrate the innovation ve potential of young people for development of our country.
Keywords: political consciousness, youth, political socialization, political parties, political activity, development, society.
Reference bibliographic list
1. Zubok Yu. A., Sorokin O. V. Formation of the political consciousness of the Russian youth and the contradictions that cause it // Sociology of power. – 2010. – No. 4.
2. Ignatova T. V. Political activity as the main form of political participation of Russian youth // Izvestiya TulGU. Humanitarian sciences. – 2016. – No. 1.
3. Kesaeva Zh. E., Eloev A. A. Youth political parties and their functions in the structure of civil society // Caspian region: politics, economics, culture. – 2020. – No. 3 (64).
4. Rozhkova L. V., Vlazneva S. A., Salnikova O. V., Dubina A. Sh. The attitude of youth towards political institutions: the level of trust and approval // Izvestiya VUZov. Volga region. Social Sciences. – 2022. – No. 1 (61).
5. Titova E. V., Lupandin V. N. Political knowledge: essence, properties, boundaries and limits // Central Russian Bulletin of Social Sciences. – 2019. – No. 4.
PHILOSOPHY. RIGHT. SOCIETY
IKSANOV Radmir Auzagievich
senior lecturer of Economic theory sub-faculty of the Ufa University of Science and Technology, senior lecturer of Humanitarian and natural sciences sub-faculty of the Bashkir Cooperative Institute, senior lecturer of Theory and history of state and law sub-faculty of the Bashkir Institute of Social Technologies
GARIPOV Ravil Kasimovich
Ph.D. in philological sciences, professor of the Bashkir Cooperative Institute (branch) of the Russian University of Cooperation
ILYASOV Radik Ravilovich
Ph.D. in science philosophicals, professor of the Bashkir Cooperative Institute (branch) of the Russian University of Cooperation
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF LAND EASEMENTS
The article examines the phenomenon of a non-playing person in cognitive discourse. The monitoring of the indicators of secondary and higher education carried out by the authors logically leads to the conclusion that among its many problems, the problem of the achievability of identity authenticity stands out, as far as the subject accepts himself as realized by established models and samples. For a thinking subject, it is not personal success in education that is more obvious, but his failure, his unrealization in the competencies he has mastered, as he believed. The problem of substitution of educational discourse by imitation cannot be solved in the space of a local normative act. The dominant formalized procedures for measuring the result of cognition cannot be accepted as an unconditional criterion of truth.
Keywords: education, philosophy, educational discourse, non-playing person.
PHILOSOPHY. RIGHT. SOCIETY
RAKHMATULLINA Zugura Yaganurovna
Ph.D. in science philosophicals, professor, Head of the Institute of History, Language and Literature of the Ufa Federal Research Center of the Russian Academy of Sciences
KUTLOVA Regina Rashitovna
postgraduate student of the Ufa University of Science and Technology
THE DOMESTIC EDUCATION SYSTEM IN THE CONTEXT OF MODERN INFORMATION CHALLENGES
Changing of the digitalization in all spheres of social activity leads to the emergence of some dialectical contradictions, such as the “digital divide”. It also leads to the low level of information culture and the risk of domestic education being changed. What is required is philosophical reflection and development of practice-oriented models that explain the mechanism of functioning of complex social systems in the conditions of digitalization. It determines the prospects for their development and allow predicting the consequences of management decisions.
Keywords: digital technologies, social activity, digitalization of education, digital divide, information culture, the essence of domestic education, beneficiaries of digitalization, management of digitalization of education.
Reference bibliographic list
1. Wiener N. Cybernetics and society: [collection] / [Trans. from English. In Zhelninov]. Moscow: AST Publishing House, 2019. 288 p.
2. Gorshkova V. V. Problems of education and human life in the context of digital civilization // Man and education. 2020. No. 2 (63). pp. 29-35.
3. Korableva E. V., Muzychenko M. Ya. Information culture as a factor of human identification in the digital space // Civilization – Society – Man. 2018. No. 12. P. 15-16.
4. Kutlova R. R. Essence of domestic education in the conditions of digital transformation of society // Context and reflection: philosophy about the world and man. 2022. Volume 11. No. 4A. pp. 178-182.
5. Paveleva T. Yu. Information culture: concept, content // Socio-political sciences. 2018. No. 5. S. 94-96.
6. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding: monograph / Z. Ya. Rakhmatullina. Ufa: RIC BashGU, 2021. 226 p.
7. Sommer D.S. Moral of the XXI century. M.: Code, 2019 480 p.
8. Shmatkov M. N. Informatization of education from the point of view of social philosophy: methodological aspects / Philosophy of education: Part 1. Problems of modern philosophy of education. 2011. S. 60-66.
REVIEW
USTINOVA Oxana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
PIVOVAROVA Irina Valerjevna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SOCIAL SECURITY: RESEARCH RESULTS
On December 16, 2022, the II International Scientific Conference “Social Security in the Eurasian Space” was held in Tyumen. At the conference, foreign and Russian sociologists presented the results of their research related to social security both in the spiritual sphere and in the areas of demographic, informational, economic, military-political, ethno-cultural security in the face of modern challenges, as well as the security of youth and families.
Keywords: social processes, social security, security threats, geopolitical challenges, security.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
5,302 ВСЕГО, 1 СЕГОДНЯ