CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №4(179)2023
PERSONA GRATA
O. Mursaliev:
Sustainable development of the integrated coastal management of the Caspian Sea in the international law context
Interview with Mursaliev Araz ogtaevich, Ph.D. in Law, Leading Analyst at the Center for strategic studies in the Field of Energy and Digital Economy of the International Institute for Energy Policy and Diplomacy, Moscow state Institute of International Relations MGIMO of the MFA of Russia
INTERNATIONAL LAW
Denikaeva S. E., Kurbanalieva K. M., Abdurazakova P. D.
On the question of the specifics of the implementation of the principle of separation of powers (using the example of the United States of America)
Dyachenko E. B.
Advisory opinions of the Eurasian Economic Union Court in 2022
Manevich V. V.
International legal regulation of cyberspace in the conduct of armed conflicts in international humanitarian law: concepts and terms
Nguyen Thi Van Huyen
Joint effort to fight and prevent piracy and armed robbery against ships in Southeast Asia
Rahimli Saftar
Continuity and practical significance of the subject of international law of the Azerbaijan Democratic Republic
Yasyreva E. A.
Comparative legal analysis of the fundamentals of legislation on education in Russia, Kazakhstan and Tajikistan
Evdokimova A. A.
Development of the institution of coercion in international law: from ancient times to the creation of the League of Nations
Koffi N’gouan Jean Francois Régis
Legal reasons for the cautious participation of African states in the WTO dispute resolution system
Yusifova P. N.
International legal requirements for the use of mercury in artisanal small-scale gold mining
Aboyan A. A., Parin D. V.
Alternatives of human rights mechanisms to the European Court of Human Rights: understanding after a year of Russia’s withdrawal from the Council of Europe
INTERNATIONAL PRIVATE LAW
Glinshchikova T. V., Gritsay D. V., Patrusheva E. D.
Recognition and enforcement of decisions of foreign courts in the Russian Federation
Gulevich I. V., Akhmedova D. S., Fedorovskiy M. A.
Adoption of Russian children by foreign citizens: analysis of the peculiarities of the current legislation
EUROPEAN LAW
Lebedeva I. Ya.
Judgments of the court of justice of the European communities in the Van Gend and Costa cases: contextual analysis
THEORY OF STATE AND LAW
Gorbunov M. D.
On the criticism of the mechanistic nature of responsibility in law
Gorokhov A. A., Gorokhova K. I.
The value of the dignity of the individual in the mechanism of subsidiary legal responsibility. Analysis of law enforcement practice
Dubrovin M. A.
Signs of the integration process in the state
Zabolotnykh A.A., Bоloban M.L.
Diplomacy in the modern Russian state
Paronyan K. M.
The mechanism of implementation of the institute of censorship in the liberal state-legal regime of Russia in the end of the XX – the beginning of the XXI centuries
Skvortsov D. S., Petrogradskaya A. A.
Legal policy as a legal category: concept and features
Scobileva I. V., Makhonin D. D.
Advantages and disadvantages of implementing neural networks in legal activities
Nikolaenko N. S., Derendyaeva S. D.
The essence of legal precedent and its characteristic features
Miroshnichenko O. I., Dyakonova A.V.
Rethinking the role of the institution of legal interpretation in the age of digital change
Yunusov A. A., Yunusov M. A., Yunusov S. A.
Correlation between the rights and duties of a person and a citizen as a matter of justice
HISTORY OF STATE AND LAW
Beridze N. Z., Deranzhulina E. G.
Legal regulation of collective horticulture and gardening in the Soviet period
Novikova O. I., Nekrasov A. I.
On the question of France’s foreign policy course in the 1920s and 1930s (part 2)
Pronina E. N.
Legal basis for anti-epidemic preventive measures in the Russian Empire
Prokhorov V. V.
Source study base on the history of the organization and activities of the Department of Internal Affairs of the Crimean ASSR (1921-1925)
Saidova M. Z.
The role of the state authorities of Dagestan in the aftermath of the earthquakes of 1966 and 1970
CONSTITUTIONAL LAW
Kuryachaya M. M.
Public control in the anti-corruption compliance system
Magomedova P. R., Gadzhimagomedov K. G.
Electoral rights of citizens in the system of fundamental rights and freedoms of the individual
Maltseva S. N., Suleymanov T. A.
Decisions of the Constitutional Court and the Supreme Court of the Russian Federation on the provision of medical care and the responsibility of medical staff
ADMINISTRATIVE LAW
Abdulazizova P. G., Gadzhieva K. V.
Local self-government in the light of Constitutional reform in the Russian Federation: problems and prospects
Shmelev I. V., Muratova E. V.
Improper management as a prerequisite for an administrative conflict and the basis for an administrative dispute
Kulakov N. A., Temnikov A. Yu., Ermolaev V. G.
Some problems in implementing the administrative and legal status of a state civil servant
Shmelev I. V., Muratova E. V.
Individual elements of the administrative justice system on the example of Anglo-Saxon countries
ADMINISTRATIVE PROCESS
Keramova S. N., Temirbolatov B. M.
Some problems of the organization of the administrative process in the Russian Federation
Mardieva E. R.
Problems of using electronic evidence in procedural law
CIVIL LAW
Alsynbayeva E. M., Galyautdinova L. Yu.
Institute of inheritance agreement in Russia as a novel in the realisation of inheritance relations
Ananjeva E. O., Ivliev P. V.
The problem of selling biological material and determining its status as an object of civil law relations
Bakunin S. N., Kurbatova G. V.
Problems of protection of rights to trademarks and service marks: domestic and foreign experience
Ivliev P. V., Ananjeva E. O.
Prospects for the use of the corporate pension system in modern Russia
Kirilova N. A.
Opportunities and risks of use of digital technologies in contract work
Komarevсeva I. A., Stepanischeva A. R.
Grounds for Inheritance in Russian and foreign law: trends in legal regulation
Kurbatova G. V., Bakunin S. N.
Mechanism for the use of trademarks, service marks
Marakhovskaya K. G., Karpets S. I.
Advertising and law: interrelation and legal aspects of advertising activity
Nazarova N. A., Evteeva K. A., Sekhina А. А.
Time of medical service provision
Migacheva A. Yu., Sokolov M. V.
Institute of Gift Cancellation in Civil Law: Problem Statement
Yastremskiy I. A.
Legal history in disputes arising from contracts for the reimbursable provision of medical services under the «plastic surgery» profile
Usova E. V., Ivanova L. A.
Legal protection of individual brand components
Provatkina V. E., Voloshina T. V., Shener E. A.
Legal status of a person employed on an online platform
Haytham N. M Shakarna
Current aspects of the responsibility of the members of the management board to the joint-stock company under the corporate legislation of Germany
Yastremskiy I. A.
The forensic-medical examination in the out-of-court order appointed by the notary under civic transactions between a patient and a plastic surgery clinic
Borovskiy I. B.
On the issue of legal mechanisms for the sale of non-core assets under sanctions.
Buchnev V. O.
Types of employment agreements under the law of the Russian Federation and France
Marakhovskaya K. G.
Electronic parliament: a new generation of citizen participation
Tarasov S. Yu.
Features of cryptocurrency inheritance in the Russian Federation
Karpets S. I.
Legal aspects of the use of social networks for advertising purposes
Buraykin A. V.
Trademark in the system of means of individualization
Gabaraev D. M.
Forcible alienation of ownership of real estate
Nikolaenko N. S., Derendyaeva S. D.
Comparative legal analysis of the engineering contract in the prism of the contract
Stepanova T. A.
Hereditary succession in relation to digital rights
Khurtov M. S., Fedulin E. A., Tuzhilova-Ordanskaya E. M.
Civil law protection of the rights and legitimate interests of owners and other owners of neighboring land plots
CIVIL PROCESS
Biryukova V. A., Khasanshina F. G.
On the issue of recognizing the only housing of a citizen-debtor as “luxury”
Gulyaeva T. B., Gnetova L. V., Karpukova A. A., Glazova V. O.
Features of the consideration of civil cases on the temporary assignment of alimony to minor children under the laws of 1936-1937 in the RSFSR and the union republics
Kazankova T. N., Baraboshkina A. A.
The specifics of an expert opinion as evidence in a trial
Zakharova I. V.
Advocacy: legal conflict of representation by appointment in civil proceedings
Maslennikova E. A.
Historical analysis of the origin of Russian courts of general jurisdiction
Sergeeva K. A., Yurtaev V. A., Salamakhina E. A.
Problems of judicial practice in resolving civil cases on determining the place of residence of a child
Yurtaev V. A., Sergeeva K. A., Salamakhina E. A.
Some procedural features of the consideration by the courts of cases on determining the place of residence of children when parents are separated
HOUSING LAW
Rudykh S. N., Igonina A. S.
Рrotection by the prosecutor of the rights of citizens-participants of the share construction
FAMILY LAW
Kustova A. A.
De facto marital relations: experience of foreign and domestic regulation
FINANCIAL LAW
Matyukhin D. A.
State regulation of the financial market in Russia: administrative and economic measures
Suntsova E. A., Matskevich O. V.
Financial and legal mechanisms in the transport sector (on the example of securing agreements and investment cooperation)
TAX LAW
Sikach A. S., Antonyuk L. A., Ponomarev O. V.
The use of artificial intelligence in improving the activities of tax administration
Avanesyan M. A.
Tax administration: essence and development
Faizova K. A.
Transformation of tax control in the context of digitalization
ENTREPRENEURIAL LAW
Allakhverdiev A. Kh.
Models of legal regulation of compliance in commerce
Dreval L. N., Ivanov V. A.
The fund for the development of territories in the mechanism of protection of shareholders in the bankruptcy of the developer
Zhilenkova T. V.
The current legislation and the agreement on the relationship of business entities
Kot M. K.
Non-profit organizations as participants in entrepreneurial relations for the implementation of entrepreneurial activities: discussion issues
Balashov E. V., Shorokhova A. A.
Legal regulation of digital technologies when ensuring competition
Klevtsov R. V., Maslennikova L. V.
Legal features of bankruptcy of individuals in the Russian Federation and foreign countries
Antonyan A. K.
Openness of the contract system as a tool for ensuring stability and certainty of the turnover of goods, works, services purchased to meet public needs
Kot M. K.
Problems of classification of subjects of entrepreneurial law in relations for the implementation of entrepreneurial activities
CORPORATE LAW
Panabergenova J. T.
Formation of corporate governance: legal analysis
Dedkovskiy I. V.
Expenses on sanation of bank: structure and application with retroactive force
Fedotova I.Yu.
Legal regulation of related party transactions in common law countries
DIGITAL LAW
Scobileva I. V., Makhonin D. D.
Introduction of foreign vocabulary in law-making activities as a factor of negative impact on the regulation of social relations
CRIMINAL LAW
Bayramov R. R., Gabdulkhakov M. F., Filipov A. R.
Problems of combating crimes in the sphere of the fuel and energy complex
Balabkin D. A., Abrosimov I. S., Khayrusov D. S.
Characteristics of the personal qualities of a criminal who commits a crime against life
Donskova K. G., Spilioti V. I.
Administrative liability for anti-competitive agreement and concerted actions
Ivanova L. M.
Release from serving a sentence on parole: trends in legal regulation and their impact on law enforcement practice
Stupina S. A.
On the issue of criminal liability for theft of property from an illegal owner
Suleymaqnov T. A., Novikova L. V.
Characteristics of the composition of crimes under the Criminal Code of the Russian Federation, committed by medical personnel
Tersenov M. A.
Some reflections on the insignificance of the act in the qualification of embezzlement of funds from a bank account (item “d” Part 3 of Article 158 of the Criminal Code of the Russian Federation)
Fedorov A. F., Shtab O. N.
Questions of qualification of threat to kill or cause serious harm to health
Chukreev V. A.
Criminal responsibility in the sphere of surrogacy motherhood
Knyazkina А. К.
Implementation of the international immunity standards in the Russian criminal law
Alkhimenko Yu. V.
Prospects for application of electronic criminal case in the Russian Federation
Ivanova L. M.
Domestic experience in the formation of criminal liability for illicit trafficking in narcotic drugs and psychotropic substances
Kostenko A. I.
The punitive content of the restriction of liberty, its reflection in the criminal law and specification in the process of law enforcement
Strokan V. S.
The concept and criminal law features of crimes committed in the financial and credit sphere
CRIMINAL PROCESS
Biruk M. S., Grebenyuk A. S.
Electronic information carriers – the concept and significance in evidence during preliminary investigation in a criminal case
Kostina E. N.
Interrogation of a minor victim with limited health opportunities (LHO) at the stage of preliminary investigation
Lukyanova E. A.
On the question of the forms of application of special knowledge in the detection and investigation of penitentiary crimes
Logachev K. K.
Actual problems arising in the detection and investigation of environmental crimes
Makeeva I. A.
Use of videoconferencing in pre-trial proceedings as a guarantee of access to justice for the participants of criminal proceedings
Serdyukova E. V., Chunikha A. A.
Problems of ensuring certain provisions of criminal procedure legislation in correspondence proceedings in severe and especially severe cases
Tingaeva I. V.
Features of carrying out some investigative actions in the investigation of crimes committed using information and communication technologies
Gadzhialieva A. T.
Problems of implementation of Article 6.1.of the Criminal Procedure Code of the Russian Federation in case of suspension of proceedings in a criminal case
Melodiev A. A.
Genesis of measures of restraint, chosen in respect of minors, in domestic criminal proceedings
Akbarov I. I.
The concept of special economic knowledge and its use in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Gorkina S. A.
Educational impact on convicts: problems and prospects in the field of execution of sentences without isolation from society
Zorina N. S., Sadykova R. A.
The influence of the social environment on the formation of the personality of juvenile offenders
Zinkov E. N., Golubtsova K. I.
Features of preventing the penetration of prohibited items into the territory of correctional institutions
Unterov V. A.
Some aspects of counteraction crimes against life and health in correctional institutions
Khasanova S. K.
Monitoring of convicts without isolation from society in the aspect of improving the prediction of their illegal behavior
CRIMINALISTICS
Davletov V. I., Alexeev A. O., Pichugin D. A.
Organization of operational investigative activities for the identification, prevention, suppression and disclosure of crimes in the field of human trafficking by operational units
Eremin S. G., Reshnyak O. A., Vasiljev D. V.
Increasing the efficiency of the production of forensic accounting expertise based on data associated with the use of computer tools
Zhukov N. I., Kashirskiy D. Yu., Shtarev D. O.
Conducting operational investigative measures against witnesses
Kundakchyan V. O., Vlezko D. A.
Interaction of the investigator with the bodies carrying out operational investigative activities during the investigation of crimes
Mustafina G. M., Luzko D. N., Khakhalkina U. V.
Legal and operational-investigative characteristics of crimes related to illegal arms trafficking
Safonov A. A., Bondareva I. O.
To the question of the correctness of documenting the investigative experiment
Fedina L. M., Федин M. A.
Methodological features of the disclosure and investigation of murders committed in conditions of non-obviousness
Saidova Sh. M.
Improving the activities of investigative bodies on the application of a preventive measure in the form of detention
CRIMINOLOGY
Abdulatipov A. M., Magomedov S. R., Urumov A. V.
Features of terrorist community criminological characteristics in the modern period
Karavaev A. A., Valieva A. R., Kovalev T. V.
Profiling: some aspects of the investigation оf serial crimes
Kiyashko K. S.
Features of criminological characteristics of the personality of a convicted member of the extremist movement “A.U.E.”
Seliverstova M. G.
The professional risks of the lawyer’s activity or the discrediting of the rights of lawyers as a criminological factor in the commission of crimes
LAW ENFORCEMENT ACTIVITIES
Idilov A. I.
The concept of artificial intelligence in a legal context
Popov A. M.
Implementation of the principle of independence of judges in foreign countries
LAW ENFORCEMENT AGENCIES
Bazhanov S. A.
Legal and organizational issues of the activities of the people’s militia in Bulgaria
Baryshnikova M. V., Mikhaylov V. S.
Features of the use of unmanned aerial vehicles in operational search activities
Guseynov A. A., Abazov A. B., Pugachev A. V.
Areas of work to prevent mistakes of law enforcement officers in handling firearms in everyday activities
Kim V. O., Amelin S. G., Leshchenko E. A.
Actual problems of sports and physical training as an academic discipline in educational organizations of the Ministry of Internal Affairs of Russia
Kanzafarov M. A., Amelin S. G., Striga O. N.
Organization and conduct of independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia
Stukanov I. A.
Detective activity of the Russian customs authorities in the conditions of the single economic space of the EAEU: problematic issues, solutions, development prospects
Bazhanov S. A., Medvedeva I. N.
Law enforcement activities of the People’s Security Corps of the Czechoslovak Socialist Republic: historical and legal review
Mingulov I. R., Ivanchenko E. S., Mukhanov Y. V.
Formation of power abilities in the framework of professional training of employees of the Ministry of Internal Affairs of Russia
SECURITY AND LAW
Bakhonina E. I., Nasibullina V. A., Tazhetdinova A. A., Yakhina E. N.
Changes in labor protection legislation related to the occupational risk assessment procedure
Donskikh D. V., Melnikov A. O.
The role of Russia on the way to the energy transition and sustainable development
Teuvazhev Z. A.
The role of the media in combating crime
Fedosov A. V., Tazhetdinova A. A., Nasibullina V. A., Konstantinova O. V.
Analysis of the requirements of the Russian Federation legislation in the field of occupational safety training
STATE AND LAW
Khavadzhi D. R.
Formation of the institute of advocacy in Russia in the mid-XIX – early XX centuries
PEDAGOGY AND LAW
Zorina N. S.
Pedagogical prevention of aggressive behavior in minors
Latypova E. R., Rodionov G. A., Minnigaleeva A. A.
Importance of intercultural communication in cooperation with foreign partners in the oil and gas industry
Sukhorukov V.A.
Political and educational work with the internal affairs agencies officers
Latypova E. R., Mikhelev A. M.
The importance of forming intercultural competence in student education
PSYCHOLOGY AND LAW
Iskra N. S., Rimskiy V. G., Nadtochiy M. S.
Prospects for the development of legislation in the field of psychological regulation in the interests of sustainable development
Isaev M. Sh.
Psychological factors influencing the verdict of the jury
Karavaev A. A., Voskoboev A. I., Artamonova M. A., Nurutdinov I. I.
Actual problems of moral and psychological training of police officers
Khamitov A. R., Bukhtoyarov I. I., Boloban M. L.
Development of the readiness of police officers to act in special conditions
SOCIOLOGY AND LAW
Bairov A. S.
Drug prevention methods (on the example of the Republic of Buryatia)
LANGUAGE AND LAW
Molchanova S. E., Lysenko N. A.
The main features of the use of the infinitive in legal documents
ECONOMY. LAW. SOCIETY
Avdeeva L. A., Solovjeva I. A., Khazhi–Aliev I. M.
Improving the methodological approach to performance evaluation of the use of liquid inflow water limitation operating procedure in oil wells
Vdovina A. N.
Peculiarities of food provision of convicts in penitentiary institutions of some foreign countries
Spasskaya N. V., Sotnikova E. A.
Investment policy in crisis management
Tolikova E. E., Sobko A. A.
Innovative approaches to creating and using digital twins: economic and legal aspects
Khosla G.
Indian economic reforms in 1991 – Why were they needed
Zaytseva A. A.
Ways to improve the comprehensive assessment of the effectiveness of construction organizations in modern economic conditions
Klyavlina Ya. M., Klyavlin M. S., Bakieva D. I., Aslanyan D. V.
Comparative economic evaluation of the use of catalytic filter materials in de-ironing and demanganation
Kostyleva E. G., Gimranov A. A.
Consequences of raising the retirement age for the labor market
Polshakova N. V., Uvarova M. N., Grishina S. Yu., Dimov A. A.
Trends in the development of the Agro-Industrial Complex of the region in the digital space
Pchelintseva S. A. Davydova O. A.
Key problems of small business in modern conditions
Radchenko E. P., Vdovina A. N.
Conceptual solutions for attracting investment funds to the production sector of the penal system of the Russian Federation
Sedykh V. A., Radchenko E. P., Vdovina A. N.
Features of rational use of agricultural land in the Russian Federation
Tolikova E. E., Glinkina E. M.
Import substitution in the Russian Federation: asymmetry of investment activities in innovation
Fayzullin F. S., Fayzullin T. F.
The main approach to the study of social capital in modern foreign science
Firsova O. N.
Assessment of indicators of the development of small and medium enterprises in regional perspective
Chelpanova M. M., Ponezhina L. Y.
The current state and threats to the financial security of the state
Khabirov Yu. M., Khamidullin I. S., Klyavlina Ya. M., Klyavlin M. S.,
Prospects for improving the energy efficiency of heat supply of buildings and structures
Bulgakov D. A., Tumanov D. A., Tumanova A. V.
Regional tourism clusters as an instrument of regional economic policy (on the example of the Orel region)
Nizametdinova E. A., Borisov A. O.
The role of innovatively active small business in the economic development of Russian regions
Tumanov D. A., Tumanova A. V., Bulgakov D. A.
Transformation of agricultural production in the region in the post-soviet period (on the example of the Oryol region)
PHILOSOPHY. LAW. SOCIETY
Bogdanova Yu. R., Efremova T. A., Kazakova N. V.
Lifestyles of youth: statement of the problem
Bondarenko N. G., Kryukova L. V., Vasiljeva I. A.
The phenomenon of freedom in an industrial society
Vildanov Kh. S., Sharipov A. A.
The role of axiology in objectifying the results of social forecasting and design
Gallyamova A. R., Guseva A. A., Gallyamov R. T.
Opportunities for using thinking design instruments in teaching the discipline “philosophy” at the university
Gorbachev S. B.
On some world view approaches to determining the foreign policy strategy of Russia in Russian philosophical discourse
Doronin Yu. P.
Economic security as one of the strategic national priorities of the Russian Federation
Ignatova Yu. E., Lukyanov G. I.
The phenomenon of social trust as the basis for the development of legal consciousness in modern Russian society
Zubkov S. A., Zubkov E. S.
An ecophilic image of Sri Chaitanya as a Bengali saint – philosopher and musical figure
Egorova Yu. R.
The specificity of understanding transcendentalism in classical and modern philosophy
Shmatko A. A.
Historical memory and historical thinking as basic elements of historical consciousness: socio-philosophical analysis
Burlova Yu. A.
Hidden rationing as a factor of socio-cultural dynamics (To the 100th anniversary of A. A. Zinoviev – philosopher and humanist)
Zubkov S. A.
Nostalgia for the ecophilic past on the example of the image of a Bengali village
Verkhozina O. A.
Legal and ethical problems of interaction with artificial intelligence
Kruchinin S. V.
Artificial intelligence and the range of its possible applications
Avetisyan V.A.
The interaction of the feminine and the muscular in the socio-cultural environment of modern society
REVIEW
Bogdanova Yu. Z., Pirverdieva E. A.
Spiritual and moral meanings, identities and culture in the conditions of global challenges
Kabanov V. L., Kalamkaryan R. A.
Monograph Goryachev Yu. A., Zakharova V. F., Omelchenko E. A. “International standards of education: lessons of history and modernity”: monograph / General ed. by Yu. A. Goryacheva. – Moscow: Ethnosphere, 2022. – 210 p. Created the institutional and legal basis for the phenomenon of international standards of education
O. Mursaliev:
Sustainable development of the integrated coastal management of the Caspian Sea in the international law context
Interview with Mursaliev Araz ogtaevich, Ph.D. in Law, Leading Analyst at the Center for strategic studies in the Field of Energy and Digital Economy of the International Institute for Energy Policy and Diplomacy, Moscow state Institute of International Relations MGIMO of the MFA of Russia
INTERNATIONAL LAW
Denikaeva S. E., Kurbanalieva K. M., Abdurazakova P. D.
On the question of the specifics of the implementation of the principle of separation of powers (using the example of the United States of America)
Dyachenko E. B.
Advisory opinions of the Eurasian Economic Union Court in 2022
Manevich V. V.
International legal regulation of cyberspace in the conduct of armed conflicts in international humanitarian law: concepts and terms
Nguyen Thi Van Huyen
Joint effort to fight and prevent piracy and armed robbery against ships in Southeast Asia
Rahimli Saftar
Continuity and practical significance of the subject of international law of the Azerbaijan Democratic Republic
Yasyreva E. A.
Comparative legal analysis of the fundamentals of legislation on education in Russia, Kazakhstan and Tajikistan
Evdokimova A. A.
Development of the institution of coercion in international law: from ancient times to the creation of the League of Nations
Koffi N’gouan Jean Francois Régis
Legal reasons for the cautious participation of African states in the WTO dispute resolution system
Yusifova P. N.
International legal requirements for the use of mercury in artisanal small-scale gold mining
Aboyan A. A., Parin D. V.
Alternatives of human rights mechanisms to the European Court of Human Rights: understanding after a year of Russia’s withdrawal from the Council of Europe
INTERNATIONAL PRIVATE LAW
Glinshchikova T. V., Gritsay D. V., Patrusheva E. D.
Recognition and enforcement of decisions of foreign courts in the Russian Federation
Gulevich I. V., Akhmedova D. S., Fedorovskiy M. A.
Adoption of Russian children by foreign citizens: analysis of the peculiarities of the current legislation
EUROPEAN LAW
Lebedeva I. Ya.
Judgments of the court of justice of the European communities in the Van Gend and Costa cases: contextual analysis
THEORY OF STATE AND LAW
Gorbunov M. D.
On the criticism of the mechanistic nature of responsibility in law
Gorokhov A. A., Gorokhova K. I.
The value of the dignity of the individual in the mechanism of subsidiary legal responsibility. Analysis of law enforcement practice
Dubrovin M. A.
Signs of the integration process in the state
Zabolotnykh A.A., Bоloban M.L.
Diplomacy in the modern Russian state
Paronyan K. M.
The mechanism of implementation of the institute of censorship in the liberal state-legal regime of Russia in the end of the XX – the beginning of the XXI centuries
Skvortsov D. S., Petrogradskaya A. A.
Legal policy as a legal category: concept and features
Scobileva I. V., Makhonin D. D.
Advantages and disadvantages of implementing neural networks in legal activities
Nikolaenko N. S., Derendyaeva S. D.
The essence of legal precedent and its characteristic features
Miroshnichenko O. I., Dyakonova A.V.
Rethinking the role of the institution of legal interpretation in the age of digital change
Yunusov A. A., Yunusov M. A., Yunusov S. A.
Correlation between the rights and duties of a person and a citizen as a matter of justice
HISTORY OF STATE AND LAW
Beridze N. Z., Deranzhulina E. G.
Legal regulation of collective horticulture and gardening in the Soviet period
Novikova O. I., Nekrasov A. I.
On the question of France’s foreign policy course in the 1920s and 1930s (part 2)
Pronina E. N.
Legal basis for anti-epidemic preventive measures in the Russian Empire
Prokhorov V. V.
Source study base on the history of the organization and activities of the Department of Internal Affairs of the Crimean ASSR (1921-1925)
Saidova M. Z.
The role of the state authorities of Dagestan in the aftermath of the earthquakes of 1966 and 1970
CONSTITUTIONAL LAW
Kuryachaya M. M.
Public control in the anti-corruption compliance system
Magomedova P. R., Gadzhimagomedov K. G.
Electoral rights of citizens in the system of fundamental rights and freedoms of the individual
Maltseva S. N., Suleymanov T. A.
Decisions of the Constitutional Court and the Supreme Court of the Russian Federation on the provision of medical care and the responsibility of medical staff
ADMINISTRATIVE LAW
Abdulazizova P. G., Gadzhieva K. V.
Local self-government in the light of Constitutional reform in the Russian Federation: problems and prospects
Shmelev I. V., Muratova E. V.
Improper management as a prerequisite for an administrative conflict and the basis for an administrative dispute
Kulakov N. A., Temnikov A. Yu., Ermolaev V. G.
Some problems in implementing the administrative and legal status of a state civil servant
Shmelev I. V., Muratova E. V.
Individual elements of the administrative justice system on the example of Anglo-Saxon countries
ADMINISTRATIVE PROCESS
Keramova S. N., Temirbolatov B. M.
Some problems of the organization of the administrative process in the Russian Federation
Mardieva E. R.
Problems of using electronic evidence in procedural law
CIVIL LAW
Alsynbayeva E. M., Galyautdinova L. Yu.
Institute of inheritance agreement in Russia as a novel in the realisation of inheritance relations
Ananjeva E. O., Ivliev P. V.
The problem of selling biological material and determining its status as an object of civil law relations
Bakunin S. N., Kurbatova G. V.
Problems of protection of rights to trademarks and service marks: domestic and foreign experience
Ivliev P. V., Ananjeva E. O.
Prospects for the use of the corporate pension system in modern Russia
Kirilova N. A.
Opportunities and risks of use of digital technologies in contract work
Komarevсeva I. A., Stepanischeva A. R.
Grounds for Inheritance in Russian and foreign law: trends in legal regulation
Kurbatova G. V., Bakunin S. N.
Mechanism for the use of trademarks, service marks
Marakhovskaya K. G., Karpets S. I.
Advertising and law: interrelation and legal aspects of advertising activity
Nazarova N. A., Evteeva K. A., Sekhina А. А.
Time of medical service provision
Migacheva A. Yu., Sokolov M. V.
Institute of Gift Cancellation in Civil Law: Problem Statement
Yastremskiy I. A.
Legal history in disputes arising from contracts for the reimbursable provision of medical services under the «plastic surgery» profile
Usova E. V., Ivanova L. A.
Legal protection of individual brand components
Provatkina V. E., Voloshina T. V., Shener E. A.
Legal status of a person employed on an online platform
Haytham N. M Shakarna
Current aspects of the responsibility of the members of the management board to the joint-stock company under the corporate legislation of Germany
Yastremskiy I. A.
The forensic-medical examination in the out-of-court order appointed by the notary under civic transactions between a patient and a plastic surgery clinic
Borovskiy I. B.
On the issue of legal mechanisms for the sale of non-core assets under sanctions.
Buchnev V. O.
Types of employment agreements under the law of the Russian Federation and France
Marakhovskaya K. G.
Electronic parliament: a new generation of citizen participation
Tarasov S. Yu.
Features of cryptocurrency inheritance in the Russian Federation
Karpets S. I.
Legal aspects of the use of social networks for advertising purposes
Buraykin A. V.
Trademark in the system of means of individualization
Gabaraev D. M.
Forcible alienation of ownership of real estate
Nikolaenko N. S., Derendyaeva S. D.
Comparative legal analysis of the engineering contract in the prism of the contract
Stepanova T. A.
Hereditary succession in relation to digital rights
Khurtov M. S., Fedulin E. A., Tuzhilova-Ordanskaya E. M.
Civil law protection of the rights and legitimate interests of owners and other owners of neighboring land plots
CIVIL PROCESS
Biryukova V. A., Khasanshina F. G.
On the issue of recognizing the only housing of a citizen-debtor as “luxury”
Gulyaeva T. B., Gnetova L. V., Karpukova A. A., Glazova V. O.
Features of the consideration of civil cases on the temporary assignment of alimony to minor children under the laws of 1936-1937 in the RSFSR and the union republics
Kazankova T. N., Baraboshkina A. A.
The specifics of an expert opinion as evidence in a trial
Zakharova I. V.
Advocacy: legal conflict of representation by appointment in civil proceedings
Maslennikova E. A.
Historical analysis of the origin of Russian courts of general jurisdiction
Sergeeva K. A., Yurtaev V. A., Salamakhina E. A.
Problems of judicial practice in resolving civil cases on determining the place of residence of a child
Yurtaev V. A., Sergeeva K. A., Salamakhina E. A.
Some procedural features of the consideration by the courts of cases on determining the place of residence of children when parents are separated
HOUSING LAW
Rudykh S. N., Igonina A. S.
Рrotection by the prosecutor of the rights of citizens-participants of the share construction
FAMILY LAW
Kustova A. A.
De facto marital relations: experience of foreign and domestic regulation
FINANCIAL LAW
Matyukhin D. A.
State regulation of the financial market in Russia: administrative and economic measures
Suntsova E. A., Matskevich O. V.
Financial and legal mechanisms in the transport sector (on the example of securing agreements and investment cooperation)
TAX LAW
Sikach A. S., Antonyuk L. A., Ponomarev O. V.
The use of artificial intelligence in improving the activities of tax administration
Avanesyan M. A.
Tax administration: essence and development
Faizova K. A.
Transformation of tax control in the context of digitalization
ENTREPRENEURIAL LAW
Allakhverdiev A. Kh.
Models of legal regulation of compliance in commerce
Dreval L. N., Ivanov V. A.
The fund for the development of territories in the mechanism of protection of shareholders in the bankruptcy of the developer
Zhilenkova T. V.
The current legislation and the agreement on the relationship of business entities
Kot M. K.
Non-profit organizations as participants in entrepreneurial relations for the implementation of entrepreneurial activities: discussion issues
Balashov E. V., Shorokhova A. A.
Legal regulation of digital technologies when ensuring competition
Klevtsov R. V., Maslennikova L. V.
Legal features of bankruptcy of individuals in the Russian Federation and foreign countries
Antonyan A. K.
Openness of the contract system as a tool for ensuring stability and certainty of the turnover of goods, works, services purchased to meet public needs
Kot M. K.
Problems of classification of subjects of entrepreneurial law in relations for the implementation of entrepreneurial activities
CORPORATE LAW
Panabergenova J. T.
Formation of corporate governance: legal analysis
Dedkovskiy I. V.
Expenses on sanation of bank: structure and application with retroactive force
Fedotova I.Yu.
Legal regulation of related party transactions in common law countries
DIGITAL LAW
Scobileva I. V., Makhonin D. D.
Introduction of foreign vocabulary in law-making activities as a factor of negative impact on the regulation of social relations
CRIMINAL LAW
Bayramov R. R., Gabdulkhakov M. F., Filipov A. R.
Problems of combating crimes in the sphere of the fuel and energy complex
Balabkin D. A., Abrosimov I. S., Khayrusov D. S.
Characteristics of the personal qualities of a criminal who commits a crime against life
Donskova K. G., Spilioti V. I.
Administrative liability for anti-competitive agreement and concerted actions
Ivanova L. M.
Release from serving a sentence on parole: trends in legal regulation and their impact on law enforcement practice
Stupina S. A.
On the issue of criminal liability for theft of property from an illegal owner
Suleymaqnov T. A., Novikova L. V.
Characteristics of the composition of crimes under the Criminal Code of the Russian Federation, committed by medical personnel
Tersenov M. A.
Some reflections on the insignificance of the act in the qualification of embezzlement of funds from a bank account (item “d” Part 3 of Article 158 of the Criminal Code of the Russian Federation)
Fedorov A. F., Shtab O. N.
Questions of qualification of threat to kill or cause serious harm to health
Chukreev V. A.
Criminal responsibility in the sphere of surrogacy motherhood
Knyazkina А. К.
Implementation of the international immunity standards in the Russian criminal law
Alkhimenko Yu. V.
Prospects for application of electronic criminal case in the Russian Federation
Ivanova L. M.
Domestic experience in the formation of criminal liability for illicit trafficking in narcotic drugs and psychotropic substances
Kostenko A. I.
The punitive content of the restriction of liberty, its reflection in the criminal law and specification in the process of law enforcement
Strokan V. S.
The concept and criminal law features of crimes committed in the financial and credit sphere
CRIMINAL PROCESS
Biruk M. S., Grebenyuk A. S.
Electronic information carriers – the concept and significance in evidence during preliminary investigation in a criminal case
Kostina E. N.
Interrogation of a minor victim with limited health opportunities (LHO) at the stage of preliminary investigation
Lukyanova E. A.
On the question of the forms of application of special knowledge in the detection and investigation of penitentiary crimes
Logachev K. K.
Actual problems arising in the detection and investigation of environmental crimes
Makeeva I. A.
Use of videoconferencing in pre-trial proceedings as a guarantee of access to justice for the participants of criminal proceedings
Serdyukova E. V., Chunikha A. A.
Problems of ensuring certain provisions of criminal procedure legislation in correspondence proceedings in severe and especially severe cases
Tingaeva I. V.
Features of carrying out some investigative actions in the investigation of crimes committed using information and communication technologies
Gadzhialieva A. T.
Problems of implementation of Article 6.1.of the Criminal Procedure Code of the Russian Federation in case of suspension of proceedings in a criminal case
Melodiev A. A.
Genesis of measures of restraint, chosen in respect of minors, in domestic criminal proceedings
Akbarov I. I.
The concept of special economic knowledge and its use in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Gorkina S. A.
Educational impact on convicts: problems and prospects in the field of execution of sentences without isolation from society
Zorina N. S., Sadykova R. A.
The influence of the social environment on the formation of the personality of juvenile offenders
Zinkov E. N., Golubtsova K. I.
Features of preventing the penetration of prohibited items into the territory of correctional institutions
Unterov V. A.
Some aspects of counteraction crimes against life and health in correctional institutions
Khasanova S. K.
Monitoring of convicts without isolation from society in the aspect of improving the prediction of their illegal behavior
CRIMINALISTICS
Davletov V. I., Alexeev A. O., Pichugin D. A.
Organization of operational investigative activities for the identification, prevention, suppression and disclosure of crimes in the field of human trafficking by operational units
Eremin S. G., Reshnyak O. A., Vasiljev D. V.
Increasing the efficiency of the production of forensic accounting expertise based on data associated with the use of computer tools
Zhukov N. I., Kashirskiy D. Yu., Shtarev D. O.
Conducting operational investigative measures against witnesses
Kundakchyan V. O., Vlezko D. A.
Interaction of the investigator with the bodies carrying out operational investigative activities during the investigation of crimes
Mustafina G. M., Luzko D. N., Khakhalkina U. V.
Legal and operational-investigative characteristics of crimes related to illegal arms trafficking
Safonov A. A., Bondareva I. O.
To the question of the correctness of documenting the investigative experiment
Fedina L. M., Федин M. A.
Methodological features of the disclosure and investigation of murders committed in conditions of non-obviousness
Saidova Sh. M.
Improving the activities of investigative bodies on the application of a preventive measure in the form of detention
CRIMINOLOGY
Abdulatipov A. M., Magomedov S. R., Urumov A. V.
Features of terrorist community criminological characteristics in the modern period
Karavaev A. A., Valieva A. R., Kovalev T. V.
Profiling: some aspects of the investigation оf serial crimes
Kiyashko K. S.
Features of criminological characteristics of the personality of a convicted member of the extremist movement “A.U.E.”
Seliverstova M. G.
The professional risks of the lawyer’s activity or the discrediting of the rights of lawyers as a criminological factor in the commission of crimes
LAW ENFORCEMENT ACTIVITIES
Idilov A. I.
The concept of artificial intelligence in a legal context
Popov A. M.
Implementation of the principle of independence of judges in foreign countries
LAW ENFORCEMENT AGENCIES
Bazhanov S. A.
Legal and organizational issues of the activities of the people’s militia in Bulgaria
Baryshnikova M. V., Mikhaylov V. S.
Features of the use of unmanned aerial vehicles in operational search activities
Guseynov A. A., Abazov A. B., Pugachev A. V.
Areas of work to prevent mistakes of law enforcement officers in handling firearms in everyday activities
Kim V. O., Amelin S. G., Leshchenko E. A.
Actual problems of sports and physical training as an academic discipline in educational organizations of the Ministry of Internal Affairs of Russia
Kanzafarov M. A., Amelin S. G., Striga O. N.
Organization and conduct of independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia
Stukanov I. A.
Detective activity of the Russian customs authorities in the conditions of the single economic space of the EAEU: problematic issues, solutions, development prospects
Bazhanov S. A., Medvedeva I. N.
Law enforcement activities of the People’s Security Corps of the Czechoslovak Socialist Republic: historical and legal review
Mingulov I. R., Ivanchenko E. S., Mukhanov Y. V.
Formation of power abilities in the framework of professional training of employees of the Ministry of Internal Affairs of Russia
SECURITY AND LAW
Bakhonina E. I., Nasibullina V. A., Tazhetdinova A. A., Yakhina E. N.
Changes in labor protection legislation related to the occupational risk assessment procedure
Donskikh D. V., Melnikov A. O.
The role of Russia on the way to the energy transition and sustainable development
Teuvazhev Z. A.
The role of the media in combating crime
Fedosov A. V., Tazhetdinova A. A., Nasibullina V. A., Konstantinova O. V.
Analysis of the requirements of the Russian Federation legislation in the field of occupational safety training
STATE AND LAW
Khavadzhi D. R.
Formation of the institute of advocacy in Russia in the mid-XIX – early XX centuries
PEDAGOGY AND LAW
Zorina N. S.
Pedagogical prevention of aggressive behavior in minors
Latypova E. R., Rodionov G. A., Minnigaleeva A. A.
Importance of intercultural communication in cooperation with foreign partners in the oil and gas industry
Sukhorukov V.A.
Political and educational work with the internal affairs agencies officers
Latypova E. R., Mikhelev A. M.
The importance of forming intercultural competence in student education
PSYCHOLOGY AND LAW
Iskra N. S., Rimskiy V. G., Nadtochiy M. S.
Prospects for the development of legislation in the field of psychological regulation in the interests of sustainable development
Isaev M. Sh.
Psychological factors influencing the verdict of the jury
Karavaev A. A., Voskoboev A. I., Artamonova M. A., Nurutdinov I. I.
Actual problems of moral and psychological training of police officers
Khamitov A. R., Bukhtoyarov I. I., Boloban M. L.
Development of the readiness of police officers to act in special conditions
SOCIOLOGY AND LAW
Bairov A. S.
Drug prevention methods (on the example of the Republic of Buryatia)
LANGUAGE AND LAW
Molchanova S. E., Lysenko N. A.
The main features of the use of the infinitive in legal documents
ECONOMY. LAW. SOCIETY
Avdeeva L. A., Solovjeva I. A., Khazhi–Aliev I. M.
Improving the methodological approach to performance evaluation of the use of liquid inflow water limitation operating procedure in oil wells
Vdovina A. N.
Peculiarities of food provision of convicts in penitentiary institutions of some foreign countries
Spasskaya N. V., Sotnikova E. A.
Investment policy in crisis management
Tolikova E. E., Sobko A. A.
Innovative approaches to creating and using digital twins: economic and legal aspects
Khosla G.
Indian economic reforms in 1991 – Why were they needed
Zaytseva A. A.
Ways to improve the comprehensive assessment of the effectiveness of construction organizations in modern economic conditions
Klyavlina Ya. M., Klyavlin M. S., Bakieva D. I., Aslanyan D. V.
Comparative economic evaluation of the use of catalytic filter materials in de-ironing and demanganation
Kostyleva E. G., Gimranov A. A.
Consequences of raising the retirement age for the labor market
Polshakova N. V., Uvarova M. N., Grishina S. Yu., Dimov A. A.
Trends in the development of the Agro-Industrial Complex of the region in the digital space
Pchelintseva S. A. Davydova O. A.
Key problems of small business in modern conditions
Radchenko E. P., Vdovina A. N.
Conceptual solutions for attracting investment funds to the production sector of the penal system of the Russian Federation
Sedykh V. A., Radchenko E. P., Vdovina A. N.
Features of rational use of agricultural land in the Russian Federation
Tolikova E. E., Glinkina E. M.
Import substitution in the Russian Federation: asymmetry of investment activities in innovation
Fayzullin F. S., Fayzullin T. F.
The main approach to the study of social capital in modern foreign science
Firsova O. N.
Assessment of indicators of the development of small and medium enterprises in regional perspective
Chelpanova M. M., Ponezhina L. Y.
The current state and threats to the financial security of the state
Khabirov Yu. M., Khamidullin I. S., Klyavlina Ya. M., Klyavlin M. S.,
Prospects for improving the energy efficiency of heat supply of buildings and structures
Bulgakov D. A., Tumanov D. A., Tumanova A. V.
Regional tourism clusters as an instrument of regional economic policy (on the example of the Orel region)
Nizametdinova E. A., Borisov A. O.
The role of innovatively active small business in the economic development of Russian regions
Tumanov D. A., Tumanova A. V., Bulgakov D. A.
Transformation of agricultural production in the region in the post-soviet period (on the example of the Oryol region)
PHILOSOPHY. LAW. SOCIETY
Bogdanova Yu. R., Efremova T. A., Kazakova N. V.
Lifestyles of youth: statement of the problem
Bondarenko N. G., Kryukova L. V., Vasiljeva I. A.
The phenomenon of freedom in an industrial society
Vildanov Kh. S., Sharipov A. A.
The role of axiology in objectifying the results of social forecasting and design
Gallyamova A. R., Guseva A. A., Gallyamov R. T.
Opportunities for using thinking design instruments in teaching the discipline “philosophy” at the university
Gorbachev S. B.
On some world view approaches to determining the foreign policy strategy of Russia in Russian philosophical discourse
Doronin Yu. P.
Economic security as one of the strategic national priorities of the Russian Federation
Ignatova Yu. E., Lukyanov G. I.
The phenomenon of social trust as the basis for the development of legal consciousness in modern Russian society
Zubkov S. A., Zubkov E. S.
An ecophilic image of Sri Chaitanya as a Bengali saint – philosopher and musical figure
Egorova Yu. R.
The specificity of understanding transcendentalism in classical and modern philosophy
Shmatko A. A.
Historical memory and historical thinking as basic elements of historical consciousness: socio-philosophical analysis
Burlova Yu. A.
Hidden rationing as a factor of socio-cultural dynamics (To the 100th anniversary of A. A. Zinoviev – philosopher and humanist)
Zubkov S. A.
Nostalgia for the ecophilic past on the example of the image of a Bengali village
Verkhozina O. A.
Legal and ethical problems of interaction with artificial intelligence
Kruchinin S. V.
Artificial intelligence and the range of its possible applications
Avetisyan V.A.
The interaction of the feminine and the muscular in the socio-cultural environment of modern society
REVIEW
Bogdanova Yu. Z., Pirverdieva E. A.
Spiritual and moral meanings, identities and culture in the conditions of global challenges
Kabanov V. L., Kalamkaryan R. A.
Monograph Goryachev Yu. A., Zakharova V. F., Omelchenko E. A. “International standards of education: lessons of history and modernity”: monograph / General ed. by Yu. A. Goryacheva. – Moscow: Ethnosphere, 2022. – 210 p. Created the institutional and legal basis for the phenomenon of international standards of education
INTERNATIONAL LAW
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
KURBANALIEVA Khadizhat Magomedovna
lecturer of General professional disciplines sub-faculty of the College of Dagestan State University
ABDURAZAKOVA Patimat Daitbegovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University
ON THE QUESTION OF THE SPECIFICS OF THE IMPLEMENTATION OF THE PRINCIPLE OF SEPARATION OF POWERS (USING THE EXAMPLE OF THE UNITED STATES OF AMERICA)
The article deals with the problem of implementing the principle of separation of powers on the example of the USA. The powers of the U.S. Supreme Court are listed. The role of constitutional control as one of the ways to implement the system of checks and balances is noted. It is said that the integrity and inviolability of power in the country stems from the concept of a single sovereignty of the people. It is concluded that the legal system of the United States throughout the development of the state follows the basic legal principles, which allows it to consolidate and increase its political and economic potential.
Keywords: the principle of separation of powers, sovereignty of the people, constitutional control, American legal doctrine, the US Constitution, presidential power.
References
1. Constitutional control in foreign countries: textbook / I. A. Alebastrova [and others]; resp. ed. V.V. Maklakov. – M.: Norma: Infra-M., 2010.
2. Lobov M. The US Supreme Court and the problem of separation of powers: the limits of the legal approach // Comparative constitutional review. – 2004. – No. 2 (47).
3. Montesquieu Sh. L. On the spirit of laws. Moscow: Ripol Classic, 2020.
4. Filimonova M. A. Territorial expansion of the United States in the north-west and nationalists. 1780s // Modern and recent history. – 2007. – № 1.
5. Folsom B. New Deal or Crooked Path: How F. Roosevelt’s Economic Policy Prolonged the Great Depression. – M.: Thought, 2012.
INTERNATIONAL LAW
DYACHENKO Ekaterina Borisovna
Ph.D. in Law, senior researcher of the Institute of State and Law of the Russian Academy of Sciences, Advisor to the Judge of the Court of the Eurasian Economic Union
ADVISORY OPINIONS OF THE EURASIAN ECONOMIC UNION COURT IN 2022
The case law of the Eurasian Economic Union Court consistently demonstrates the existence of a demand for the Court’s advisory opinions on request by the Eurasian Economic Commission and competent bodies of the Member Sates. In 2022 the Court delivered four advisory opinions regarding working relations in the bodies of the Eurasian Economic Union, indirect taxation, pension provision of the workers in the EAEU as well as conditions for the participation in public procurement. The analysis of the mentioned judicial acts, excluding the case on the working relations of international servants, shows that, despite a large range of legal issues addressed by them, the uniting element for all of them is the focus of the Court’s findings on the ensuring the proper functioning of the internal market of the integration organization.
Keywords: Court of the Eurasian Economic Union, common market of the Eurasian Economic Union, indirect taxation, pension provision of Member States workers, public procurement.
References
1. Lauterpacht G. The Development of International Law by the International Court (Steven & Sons Limited, 1958). Cambridge University Press, 1982.
2 Rosenne Sh. The Law and Practice of the International Court 1920-2005, 4th ed. Leiden: Brill Publishers, 2006.
3. Levin D. B. The principle of peaceful dispute resolution. M., 1977.
4. Kadysheva O. V. The role of advisory opinions in international justice and in the practice of the EAEU Court // Law. Journal of the Higher School of Economics. 2022. Vol. 15. No. 1.
5. Chaika KL The court of an integration association as an international judicial body // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2019. Vol. 14. No. 3.
6. Dyachenko E. B., Entin K. V. The role of advisory opinions of the EAEU Court in the development of competition law of the Eurasian Economic Union // Law. Journal of the Higher School of Economics. 2021. No. 4.
7. Shepenko R. A. International tax rules. Part 2. M.: Yurlitinform, 2012.
INTERNATIONAL LAW
MANEVICH Viktoriya Vasiljevna
postgraduate student of International law sub-faculty of the Diplomatic Academyof the MIA of Russia
INTERNATIONAL LEGAL REGULATION OF CYBERSPACE IN THE CONDUCT OF ARMED CONFLICTS IN INTERNATIONAL HUMANITARIAN LAW: CONCEPTS AND TERMS
In this paper, the author examines the problems faced by legal experts and Governments when creating appropriate norms aimed at regulating cyberspace and protecting human rights during armed conflict. Analyzes the current international humanitarian law in the context of armed conflicts in cyberspace, highlights the issues of the application of IHL and the need to supplement it with new norms, examines the issues of responsibility for cyber attacks during armed conflicts.
Keywords: legal regulation, armed conflicts, cyber attacks, cyberspace, international humanitarian law, challenges, problems, prospects.
References
1. Yastrebova A. Yu. Separate approaches to the system of special principles of international humanitarian law: content and evolution // Moscow Journal of International Law. – 2022. – № 3. – C. 6-18.
2. Garkusha-Bozhko S. Yu. International humanitarian law in cyberspace: Ratione materiae, ratione temporis and the problem of qualifying cyber attacks // Digital Law. – 2021. – No. 2 (1). – P. 64-82.
3. Majorina M. V. Cyberspace and the methodology of private international law // Law. Journal of the Higher School of Economics. – 2020. – No. 2. – C. 230-253.
4. Geneva Convention of August 12, 1949 for the protection of civilians in time of war. Source: Human Rights: Collection of International Treaties, Volume I (Part Two): Universal Treaties / Geneva, 1994 – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/geneva_civilian_1.shtml.
5. Additional Protocol I to the Geneva Conventions of 12 August 1949, concerning the protection of victims of international armed conflicts of 8 June 1977. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901755843.
6. Computer Crime Convention. Budapest, November 23, 2001. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/law_treaties.shtml.
7. Vienna Convention on the Law of Treaties. Adopted May 23, 1969. – [Electronic resource]. – Access mode: https://www.un.org/en/documents/decl_conv/conventions/law_treaties.shtml.
8. Charter of Good Neighborly Relations, Stability, Security and Cooperation in South-Eastern Europe. Bucharest, February 12, 2000. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/see_charter.shtml.
9. Resolution adopted by the General Assembly. Achievements in the field of informatization and telecommunications in the context of international security and encouragement of the responsible behavior of states in the field of the use of information and communication technologies. – [Electronic resource]. – Access mode: https://namib.online/wp-content/uploads/2023/02/A.RES_.76.19.pdf.
10. Declaration on the prohibition of the use of nuclear and thermonuclear weapons. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/nuc_prohibition.shtml
11. Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. – [Electronic resource]. – Access mode: https://www.un.org/en/documents/decl_conv/conventions/bacweap.shtml.
12. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction [Ottawa Convention]. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/mines_convention.shtml.
13. Convention on Cluster Munitions. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/cluster_munitions.sht.
14. International humanitarian law and cyber operations during armed conflicts. – [Electronic resource]. – Access mode: www.icrc.org.
15. Streltsov A. A. Application of international humanitarian law to armed conflicts in cyberspace. – [Electronic resource]. – Access mode: https://digital.report/konflikt-v-kiberprostranstve.
16. Cyber warfare and international humanitarian law. – [Electronic resource]. – Access mode: https://www.icrc.org/ru/document/kibervoyna-i-mezhdunarodnoe-humanitarnoe-pravo?ysclid=lhfzwymvpr318936758.
17. Chernyavsky A. G., Sinyaeva N. A. Problems of humanitarian regulation of military conflicts in cyberspace // Education and Law. – 2019. – No. 8. – P. 206-215.
18. Yeremyan L. About some problems of international humanitarian law in the light of cyber attacks. – [Electronic resource]. – Access mode: https://mgimo.ru/upload/iblock/af7/af77da611d6c2c5de4f7.pdf.
19. Tuktamyshev V. D. International legal regulation of cyber attacks. International legal regulatione cyber attacks. – [Electronic resource]. – Access mode: http://www.oboznik.ru/?p=54277.
20. Prikhodko N. Yu., Pirozhenkov S. A. Looting as a crime: history and modernity // Military legal journal. – 2019. – No. 10. – S. 21-25.
INTERNATIONAL LAW
NGUYEN Thi Van Huyen
senior lecturer of the Faculty of International Law of the Ho Chi Minh City University of Law, Republic of Vietnam
JOINT EFFORT TO FIGHT AND PREVENT PIRACY AND ARMED ROBBERY AGAINST SHIPS IN SOUTHEAST ASIA
This article analyzes the provisions of the international law of the sea and the Regional Co-operation Agreement on Combating Piracy and Armed Robbery against Ships in Asia 2004 (ReCAAP 2004), so as to clarify the concepts of piracy and armed robbery against ships; the cooperation obligations of Asian countries in general and Southeast Asia in particular in the prevention of this special forms of crime. The article also delves into the anti-piracy practice in Southeast Asia, thereby shedding light provisions on a number of advantages and in the implementation of ReCAAP 2004 difficulties in the world’s number 1 hot spot of piracy, and thereupon recommending several solutions to aid effective joint efforts in the fight and prevention of piracy and armed robbery against ships in Southeast Asia.
Keywords: UNCLOS 1982, ReCAAP 2004, piracy, armed robbery against ships.
References
1. The 1982 United Nations Convention on the Law of the Sea.
2. Regional Co-operation Agreement on Combating Piracy and Armed Robbery against Ships in Asia 2004 (ReCAAP 2004).
3. Rothwell D. Judicial Measures for Settlement of Disputes under UNCLOS, Legal Issues relating to Awards of the Arbitral Tribunal Established under Annex VII of UNCLOS 1982 Proc., July. 23, 2016.
4. Ministry of Foreign Affairs of Vietnam, The introduction of the main issues of the law of the sea in Vietnam, the National Political Publisher, 2003.
5. Nguyen Hong Thao. China’s “nine-dash line” claim from an international perspective // Journal of International Studies. – 2009. – № 4. – P. 12-25.
6. Tran Nam Tien (2011), Hoang Sa – Truong Sa: Questions and Answers, Youth Publishing House.
7. [Electronic resource]. – Access mode: https://canhsatbien.vn.
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INTERNATIONAL LAW
RAHIMLI Saftar
Doctor of Philosophy in Law of the Baku state university
CONTINUITY AND PRACTICAL SIGNIFICANCE OF THE SUBJECT OF INTERNATIONAL LAW OF THE AZERBAIJAN DEMOCRATIC REPUBLIC
The article emphasizes the importance of the scientific-practical study of the assessment of the identity of the international legal subject of the Azerbaijan Democratic Republic with the international legal subject of the Republic of Azerbaijan for the international law doctrine and foreign policy course. As the birth and death of states is one of the problems of political science, it is highlighted that the “share” of law and politics should be determined in the study of the subject of international law of the Republic of Azerbaijan. Determining the content of legal norms will not be effective without analyzing the political norms that shape the behavior of states. International legal norms cannot be implemented without political norms. In this sense, attention should be paid to the role of both law and politics in solving these two problems during the restoration of state independence.
According to the research, during the evaluation of the international legal entity of the Azerbaijan Democratic Republic, its legal nature is evaluated on the basis of its declared ideology, territory and population (people). Determining the question of what kind of social, geographical and political identity this state carries with the previous Azerbaijani states, their population and territory with the attributes adopted by it, as well as in what political and legal capacity it continues its sovereignty or leaves a legacy after the occupation of its territory is highlighted as one of the most important issues in terms of survival. In particular, issues that need to be resolved, such as how any state is subject to aggression and its continuity in the practice of states, as well as the role of international law and politics, are investigated.
It should be highlighted that, unlike legal succession, the continuity of the state not only serves to prevent its re-occupation, but also establishes the concept of a “nation with a state” and “a nation with a state”. on the other hand, re-creation in the order of succession poses a political problem such as recognition and it is emphasized that a number of serious international economic and social problems have arisen, which are significant for the recognized state, including the government, and that the solution of the issues that need to be solved, and the internal stability and security of the state depend on the solution of these issues.
Keywords: Azerbaijan Democratic Republic, sovereignty, occupation, international law, international relation, state continuity.
References
1. Declaration of Independence of the Republic of Azerbaijan (Tbilisi: May 28, 1918) // State Archive of the Republic of Azerbaijan, Foundation No. 894. – List No. 10. – document No. 192. – Paper 3.
2. History of Azerbaijan. In 7 volumes. Volume IV. – Baku: Elm, 2000. – 508 s.
3. Bunyadov Z. Azerbaijan in VII-IX centuries. – Baku: Azernashr, 1989. – 336 s.
4. Ismayilov R. History of Azerbaijan. – Baku: Azernashr, 1993. – 144 pp.
5. Piriyev V. Azerbaijan in the XIII-XIV centuries. – Baku: “Nurlan”, 2003. – 458 s.
6. Piriyev V. Historical-political geography of Azerbaijan. – Baku: “Muellim” publishing house, 2006. – 148 s.
7. Suleymanov M. Turkmenchay contract. – Baku: Elm ve Tehsil, 2015. – 744 s.
8. Shukurov K. History of Azerbaijan. In 3 parts. Part II. From the earliest times to the present day: Periods, events, synchronized tables. third edition. – Baku: Baku University publishing house, 2004. – 380 s.
9. Valiyev (Baharli) M.H. Azerbaijan (Physical-geographic, ethnographic and economic essay). – Baku: “Azerbaijan” publishing house, 1993. – 192 s.
10. Protocols of the meetings of the Muslim faction of the Transcaucasian Seym and the National Council of Azerbaijan / responsible editor. A. A. Pashayev. – Baku: Adiloglu, 2006. – 216 s.
11. Zeynaloglu C. Brief history of Azerbaijan. – Baku: Azerbaijan State Book Chamber, 1992. – 144 s.
12. Dorr O. Incorporation as a fact of state succession. – Berlin: Duncker & Humblot, 1995. – 434 s.
13. Zimmermann A. State succession in international treaties. At the same time a contribution to the possibilities and limits of international law codification. – Berlin: Springer, 2000. – 1012 s.
14. Aron R. Peace and War: A Theory of International relations. R. Howard and A. Booker Fox. garden city. – NY: Doubleday, 1966. – 846 p.
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INTERNATIONAL LAW
YASYREVA Elena Alexandrovna
bachelor of the National Research University “Higher School of Economics”
COMPARATIVE LEGAL ANALYSIS OF THE FUNDAMENTALS OF LEGISLATION ON EDUCATION IN RUSSIA, KAZAKHSTAN AND TAJIKISTAN
The article is a detailed study of the legislative foundations of the education system in three countries: Kazakhstan, Tajikistan and the Russian Federation. The author analyzes the laws on education of each country, taking into account national legal systems, and highlights the main differences and similarities in the legal foundations of the right to education, the structure of the educational system and the role of the state and society in the field of education. In addition, the article discusses possible problems related to the implementation of the national legal system in the field of education, and presents ways to solve them. Particular attention is paid to problems such as inequality of access to quality education, lack of personnel in education, financing and organization of educational processes. The general purpose of the article is to help readers better understand the legislative framework of education in each of the three countries and to offer recommendations for improving national education systems. The research can be useful for scientists engaged in comparative analysis of legal systems in the field of education, as well as for practitioners working in the field of development and implementation of educational programs in accordance with local legislation.
Keywords: comparative legal analysis, legislation, education, Russian Federation, Republic of Kazakhstan, Republic of Tajikistan.
References
1. Grishina T. M. Evolution of the Eurasian Economic Union: Features and Development Trends. Vestnik MGOU. Series: History and political sciences. 2022. No. 3. P.4-9.
2. Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III “On Education” (as amended and supplemented on July 7, 2020) // Information system “PARAGRAPH”: [reference and legal system]. [Electronic resource]. – Access mode: https://egi.edu.kz/wp-content/uploads/2020/12/ZAKON-RK-OB-OBRAZOVANII-OT-27.07.2007-319-III.pdf (accessed 15.01.2023).
3. Law of the Republic of Tajikistan dated July 22, 2013 No. 1004 “On Education” // Continent: [reference legal system]. [Electronic resource]. – Access mode: https://continent-online.com/Document/?doc_id=31428424 (accessed 01/15/2023).
4. Law of the Republic of Tajikistan dated August 2, 2011 No. 762 “On the responsibility of parents for the education and upbringing of children” (as amended and supplemented on December 24, 2022) // Continent: [reference and legal system]. [Electronic resource]. – Access mode: https://continent-online.com/Document/?doc_id=31428424 (accessed 01/15/2023).
5. Kalmykov S. P., Istomin L. G. Integration processes in the post-Soviet space and their impact on Russia’s foreign trade indicators // BIT. 2022. No. 2 (22). C. 30-35.
6. Lemeshchenko P. S., Baranov A. M. Education as a social institution: evolution of concepts and new directions of development // EVR. 2022. No. 3 (73).
7. Murodova M. S. Formation of the education system of the Republic of Tajikistan in the years of independence // ELS. 2023. No. January.
8. Omarova B. A., Zhadauova Zh. A. Some issues of improving the law of the Republic of Kazakhstan “On Education” // Grand Altai Research & Education. 2022. No. 1 (17).
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10. Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (as amended on February 17, 2023) // SPS ConsultantPlus: [reference and legal system]. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_26881/ (accessed 20.02.2023).
11. Federal Law of April 10, 2000 No. 51-FZ “On Approval of the Federal Program for the Development of Education” (as amended on June 26, 2007) // SPS ConsultantPlus: [reference and legal system]. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_26881/ (accessed 20.02.2023).
12. Shabalina O. L., Shabalin G. Yu. Comparative legal analysis of the legislation on the formation of the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan // Bulletin of the Mari State University. Series “Historical Sciences. Legal Sciences”. 2016. No. 4
INTERNATIONAL LAW
EVDOKIMOVA Anastasia Alexandrovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DEVELOPMENT OF THE INSTITUTION OF COERCION IN INTERNATIONAL LAW: FROM ANCIENT TIMES TO THE CREATION OF THE LEAGUE OF NATIONS
The article examines the main stages of development of the institution of coercion in international law, including the period from Antiquity to the creation of the League of Nations. Particular attention is paid to the problem of limiting the use of force and the threat of force as one of the main forms of coercion during this period. The article addresses historical and practical prerequisites for the development of the institution of coercion in international law as well as the main concepts of understanding the essence and features of the institution of coercion developed by domestic and foreign scientists.
Keywords: coercive measures, the principle of non-use of force and threat of force, the institution of coercion, international law, the League of Nations.
References
1. Grotsiy G. On the right of war and peace: Reprint from ed. 1956 – M.: Ladomir, 1994. – 868 p.
2. Gruntovsky I. I., Moiseev V. S. Coercion before our era // Journal of Foreign Legislation and Comparative Law. – 2022. – No. 1. – P. 93-102.
3. Kolb R. On the origin of the terminological pair jus ad bellum / jus in bello // International Journal of the Red Cross. IRRC. – 1997. – No. 320. – P. 80-88.
4. Kritsky KV Sanctions and unilateral restrictive measures in modern international law: dis. … cand. legal Sciences: 12.00.10 / FGAOU VO “Kazan (Volga Region) Federal University”. – Kazan, 2019. – 226 p.
5. Lukashuk I. I. The right of international responsibility. – M.: Wolters Kluver, 2004. – 160 p.
6. International law at 2 pm Part 1: textbook for universities / A. N. Vylegzhanin [et al.]; executive editor A. N. Vylegzhanin. – 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 326 p.
7. International law. General part: textbook. for law students fak. and universities / I. I. Lukashuk; Ros. acad. Sciences, Institute of State and Law, Akadem. legal un-t. – Ed. 3rd, revised. and additional – M.: Wolters Kluver, 2005. – 432 p.
8. Safonov V. E. Westphalian treatise of 1648 and its influence on the formation of the principles of international law // Citizen. Elections. Power. – 2021. – No. 2 (20). – P. 110-117.
9. Talalaein A. N. The legal nature of the international treaty. – M., 1963. – 264 p.
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11. Kunz J.L. Sanctions in International Law // American Journal of International Law. – 1960. – Vol. 54. – No. 2. – Pp. 324-347.
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13. Pfaff W. A Radical Rethink of International Relations // International Herald Tribune. – 2002. – Oct. 3. – 26 p.m.
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INTERNATIONAL LAW
KOFFI N’gouan Jean Francois Regis
postgraduate student of the 3rd course of International law sub-faculty of the Peoples’ Friendship University of Russia
LEGAL REASONS FOR THE CAUTIOUS PARTICIPATION OF AFRICAN STATES IN THE WTO DISPUTE RESOLUTION SYSTEM
The article presents the main positions of a number of developing countries before the WTO Dispute Settlement Body, based on the understanding of the process adopted in the WTO. Thus, we are talking about the fact that a State can take the lead to initiate a dispute if it believes that its rights have been violated or if a measure taken by another WTO member that affects its interests. In this situation, the State is assigned the role of “plaintiff”. Otherwise, any participant in the dispute may appear before the LFS in a different form, believing that his rights have been violated. In this case, the State presented to the LFS takes the position of the defendant. The “plaintiff” and the “defendant” are the main parties to the dispute. As for African States, their participation in the third WTO dispute settlement system as parties is practically non-existent. African States are practically not represented in the LFS. Although this participation of African countries is insignificant compared to the participation of other members of the organization, it is still greater than their presence in the WTO dispute settlement system as the main party to the dispute.
Keywords: African states, WTO, international trade dispute settlement system, legal basis.
References
1. Alland D. Droit international public. Paris, PUF, 2000.
2. Benecchio R. Decision de l’organe de règlement des différends (ORD) sur le coton: Quelles implications pour les pays africains et les négociations agricoles / E. HAZARD (dir.) // Négociations commerciales internationales et réduction de la pauvreté: Le livre blanc sur le coton, Dakar, Enda, 2005.
3. Blin O. Regards croisés sur le règlement des différends de l’Organisation Mondiale du Commerce, Bruxelles, Bruylant, 2009.
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5. Conti J. A. Learning to Dispute: Repeat Participation, Expertise and Reputation at the World Trade Organization. // law & social inquiry. 2010 Vol. 35. No. 3. Pp. 625-662.
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11. Freneau A. WTO dispute settlement system and implementation of decision: a developing country perspective. Manchester: University of Manchester, 2001. Pp. 28-29.
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INTERNATIONAL LAW
YUSIFOVA Parzad Nizamovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
INTERNATIONAL LEGAL REQUIREMENTS FOR THE USE OF MERCURY IN ARTISANAL SMALL-SCALE GOLD MINING
Mercury is a unique chemical element that is used in all areas of human life. The major anthropogenic sources of mercury emissions to the environment include artisanal and small-scale gold mining (ASGM), which accounts for about 40% of all mercury emissions to the environment. This article examines how the Minamata Convention on Mercury can reduce mercury use in the ASGM sector.
Keywords: Minamata Convention on Mercury, mercury, artisanal and small-scale gold mining (ASGM), GEF, PlanetGold, emissions reduction.
References
1. Global Mercury Assessment 2018. United Nations Environment Programme, Chemicals and Health Sector Geneva, Switzerland. [Electronic resource]. – Mode of access: https://www.unep.org/explore-topics/chemicals-waste/what-we-do/mercury/global-mercury-assessment (accessed 03/31/2023).
2. Report of the Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana. Mercury, small-scale gold mining and human rights (July 8, 2022), p. 4. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G22/403/63/PDF/G2240363.pdf?OpenElement (Accessed 03/31/2023).
3. Report of the Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana. Mercury, small-scale gold mining and human rights (July 8, 2022), p. 12. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/documents/working_document/4_6_ASGM_Guidance.Russian.pdf (accessed 03/31/2023).
4. Report of the Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana. Mercury, small-scale gold mining and human rights (July 8, 2022), p. 18. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/documents/working_document/4_6_ASGM_Guidance.Russian.pdf (accessed 03/31/2023).
5. Domracheva V. A. Mercury: properties, accumulation in the environment and ways of neutralization // Bulletin of the Irkutsk State Technical University, 2004 No. 2(18), p. 120.
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8. Golden planet. Access to finance. Unlocking capital flows to transform artisanal and small scale gold mining. [Electronic resource]. – Access mode: https://www.planetgold.org/access-finance (date of access: 03/31/2023).
9. Golden planet. Formalization. Integrating miners into the formal economy and regulation for the benefit of all. [Electronic resource]. – Access mode: https://www.planetgold.org/formalization (date of access: 03/31/2023).
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12. Minamata Convention on Mercury (Kumamoto, October 10, 2013), Appendix C. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/2021-06/Minamata-Convention-booklet-eng-full.pdf (Accessed 03/25/2023).
13. Minamata Convention on Mercury (Kumamoto, October 10, 2013), paragraph 3 article 7. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/2021-06/Minamata-Convention-booklet-eng-full.pdf (Accessed 03/25/2023).
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INTERNATIONAL LAW
ABOYAN Agavni Armenakovna
magister student of the School of Law of the Far Eastern Federal University
PARIN Dmitriy Vitaljevich
magister student of the School of Law of the Far Eastern Federal University
ALTERNATIVES OF HUMAN RIGHTS MECHANISMS TO THE EUROPEAN COURT OF HUMAN RIGHTS: UNDERSTANDING AFTER A YEAR OF RUSSIA’S WITHDRAWAL FROM THE COUNCIL OF EUROPE
This article raises the problem of ensuring judicial protection in the conditions of Russia’s withdrawal from the Council of Europe and the loss of the possibility for Russian citizens and legal entities to appeal to the European Court of Human Rights in order to protect fundamental rights and freedoms. The authors, in search of a replacement for the European Court of Human Rights, are considering the possibility of applying for protection of violated rights to alternative bodies, including the Constitutional Court of the Russian Federation, the UN Charter and Treaty committees, the UN Human Rights Council. The authors analyze a number of obstacles existing today in the legal field for the involvement of these bodies in the capacity in which the ECHR acted for citizens and individuals, and come to the conclusion about the premature nomination of proposals concerning the replacement of the European Court by the Constitutional Court, about the legally unjustified possibility of replacing the decisions of the European Court with the decisions of UN committees, about the potentials of creating new bodies of international justice.
Keywords: judicial protection, constitutional law, human rights mechanisms, UN charter bodies, UN treaty bodies, the European Court of Human Rights, the Constitutional Court of Russia, international justice.
References
1. Vaypan G. Execution cannot be ignored: on the legal significance of the Opinions of the UN Working Group on Arbitrary Detention for the Russian legal order // International Justice. – 2015. – No. 3. – P. 93-107.
2. Gadzhiev G. A. Work in the Constitutional Court of the Russian Federation has become much more interesting // Advocate newspaper. – 2023. – No. 8. – [Electronic resource]. – Access mode: https://www.advgazeta.ru/intervyu/rabotat-v-ks-rf-stalo-namnogo-interesnee/ (date of access: 05/12/2023).
3. Gadzhiev G. A., Blokhin P. D. On the functional purpose of part 2 of Article 79 of the Law on the Constitutional Court of the Russian Federation and its relationship with the requirement to exhaust judicial remedies // Journal of Constitutional Justice. – 2022. – No. 5. – P. 1-6.
4. Ispolinov A.S. The strength and weakness of universal treaties on the protection of human rights // Russian Journal of Law. – 2022. – No. 3 // Access from the Garant SPS.
5. Klyuchevskaya N. Creation of the Russian court for human rights: the search for rational grain // Access from the SPS “Garant”.
6. Kokotov A. N. The Constitutional Court of Russia as a Russian court for human rights // Journal of Constitutional Justice. – 2022. – № 2. – P. 1-6.
7. Commentary on the Constitution of the Russian Federation / ed. V. D. Zorkin. – M., 2011 // Access from the ATP “ConsultantPlus”.
8. Koneva A. E. The contribution of the UN Working Group on Arbitrary Detention to the Protection of Human Rights (the case of Julian Assange) // Russian Journal of Law. – 2017. – No. 1 // Access from the SPS “Garant”.
9. Koneva A. E. To the question of the futility of the establishment of the World Court of Human Rights // Bulletin of the Peoples’ Friendship University of Russia. Series: Law. – 2017. – No. 1. – P. 83-101.
10. The Constitutional Court of Russia: understanding the experience: a monograph / Medushevsky A. N., Gritsenko E. V., Kenenova I. P. [and others]; under total ed. A. N. Medushevsky. – M., 2022. – 652 p.
11. Kochurina T. A. The institute for the revision of judicial decisions that have entered into force on newly discovered or new circumstances: the interaction of civil procedural and international law // Russian Journal of Law. – 2011. – No. 3 // Access from the SPS “Garant”.
12. Kursaev A. V., Khanakhmedova L. V. Ensuring the rights and freedoms of citizens in the conditions of the exit procedureof the Russian Federation from the European Court of Human Rights // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. – P. 24-37.
13. Lukyantsev G. E. To the question of improving the effectiveness of the functioning of human rights treaty bodies (theoretical and practical aspects) // Moscow Journal of International Law. – 2005. – No. 4. – P. 101-119.
14. Marochkin S. Yu. Constitutional amendments on the role of international obligations in the legal system of Russia: forward, into the past? // Comparative constitutional review. – 2022. – № 2. – P. 105-124.
15. United Nations human rights treaty system. Statement of Fact No. 30/Rev. 1. – Geneva, 2012. – 76 p.
16. Taribo E. V. Acts of judicial interpretation as a subject of constitutional drug control // Bulletin of the Voronezh State University. Series: Law. – 2018. – No. 3. – P. 45-50.
PRIVATE LAW INTERNATIONAL
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
GRITSAY Darya Viktorovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
PATRUSHEVA Elizaveta Dmitrievna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
RECOGNITION AND ENFORCEMENT OF DECISIONS OF FOREIGN COURTS IN THE RUSSIAN FEDERATION
At present, the issue of recognition and enforcement of decisions of foreign courts in the Russian Federation is of particular relevance. In the article, the authors explore the problems associated with the recognition and enforcement of judicial acts in Russia, and also offer their solutions, taking into account the current international situation. Various mechanisms for the recognition and enforcement of foreign judgments are considered: on the basis of an international treaty of the Russian Federation or federal law, the principle of reciprocity and international courtesy, open recognition of decisions of foreign courts. Based on the information obtained as a result of the study, the authors indicate the legal basis for the recognition of decisions of foreign courts, which is most preferable for Russia.
Keywords: judgment, enforcement, foreign courts, international private law, national law, problems of theory and practice.
References
1. Glinshchikova T. V., Gavrikov S. D. The role of the international treaty in the issues of recognition and execution of decisions of foreign courts // Humanitarian, socio-economic and social sciences. – 2022. – No. 11-2. – P. 47-49.
2. Vlasova N. V. Reciprocity as a basis for the recognition and enforcement of foreign judgments in Russia // Actual problems of Russian law. – 2016. – No. 10 (71). – P. 190-196.
3. Kostin A. A. Legal grounds for the recognition and enforcement of foreign judgments in the Russian Federation: Author. dis. … cand. legal Sciences. – M., 2018. – S. 21.
4. Determination of the Supreme Arbitration Court of the Russian Federation dated July 26, 2012 N VAC-6580/12 in case No. A40-119397/11-63-950. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01/07/2023).
PRIVATE LAW INTERNATIONAL
GULEVICH Inassa Vasiljevna
senior lecturer in Civil law sub-faculty of the Crimean branch of the Russian State University of Justice
AKHMEDOVA Daniela Sabitovna
student of the 4th course of the Crimean branch of the Russian State University of Justice
FEDOROVSKIY Maxim Alekseevich
student of the 3rd course of the Crimean branch of the Russian State University of Justice, assistant lawyer of Mina M. A.
ADOPTION OF RUSSIAN CHILDREN BY FOREIGN CITIZENS: ANALYSIS OF THE PCULIARITIES OF THE CURRENT LEGISLATION
The authors of the article raise the topical issue of the possibility of adoption of Russian children by foreign citizens, in particular, analyze the restrictions provided for by the current Russian legislation in this procedure. The material is based on the factual presentation of the specifics of Russian legislation in this matter, and also contains a conclusion about the motivation of the legislator and the public of the Russian Federation in establishing and supporting the restrictions set out in the article. p> Keywords: adoption of Russian children, orphans, family law, unfriendly countries, traditional family.
References
1. Borodich K. Yu. Adoption of children – citizens of Russia by foreign citizens: dis. … cand. legal Sciences. – Moscow, 2005.
2. Guseva V. S. Adoption ininternational private law // Young scientist. — 2020. — № 52 (342).
3. Dzugaeva A. Z. Legal problems of adoption of children – citizens of the Russian Federation by foreign citizens in Russia: dis. … cand. legal Sciences. – Moscow, 2006.
4. Maksimova V. I., Makhmutova S. A., Zhdanov S. Z. Issues of adoption in private international law // Interactive Science. – 2021. – No. 5 (60).
EUROPEAN LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Department of the Institute of State and Law of the Russian Academy of Sciences
JUDGMENTS OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN THE VAN GEND AND COSTA CASES: CONTEXTUAL ANALYSIS
The article examines the evolution of direct effect and primacy doctrines of the European Communities law in the Member States legal systems. Despite the fact that this problem has been well studied in Russian and foreign science of European law, many historical details that shed light on the legal genesis of these doctrines have not been known for a long time. After the publication of the archive related to the activities of the Director of the Legal Service of the Commission of the European Communities M. Gaudet in 2010, the cases of Van Gend and Costa again became the subject of study by foreign authors. This article attempts to carry out a legal analysis of these cases in a broader historical and political context. It is concluded that the setting of the federal goal, as well as the attempt to constitutional interpretation of the constituent treaties, is the result of conscious activity of European federalists, which sometimes contradicted the aspirations of the Member States, the positions of authoritative legal scholars and prominent figures of the European integration project.
Keywords: supranationality, integration law, European integration, European Union, the ECJ, EU Court of Justice, judicial interpretation
References
1. Rasmussen M. Establishing a Constitutional Practice of European Law: The History of the Legal Service of the European Executive, 1952-65 // Contemporary European History. 2012. Vol. 21. No. 3. P. 375-397.
2. Rasmussen M. Agents of Constitutionalism: The Quest for a Constitutional Breakthrough in European Law, 1945-1964 // Crafting the International Order. Practitioners and Practices of International Law since c. 1800 / Ed. by M. M. Payk, K. C. Priemel. Oxford: Oxford University Press, 2021. P. 249-276.
3. Arnull A. The Many Ages of the Court of Justice of the European Union // New Legal Approaches to Studying the Court of Justice: Revisiting Law in Context / Ed. by C. Kilpatrick, J. Scott. Oxford: Oxford University Press, 2020. P. 12–44.
4. Mélanges Fernand Dehousse: La construction européenne (Volume 2) / Ed. par F. Nathan. Bruxelles: Labor, 1979.
5. Boerger-De Smedt A. Negotiating the Foundations of European Law, 1950-57: The Legal History of the Treaties of Paris and Rome // Contemporary European History. 2012. Vol. 21. No. 3. P. 339-356.
6. Lebedeva Ya. I. Decisions of the EU Court as a factor in the formation of integration // International justice as a factor in integration: monograph / Ed. T. Ya. Khabrieva, A. I. Kovler. Moscow: Norma: INFRA-M, 2019. P. 38-63.
7. Trabucchi A. La formazione del diritto europeo: Giornata di studio per Alberto Trabucchi nel centenario della nascita. Padua: Casa Editrice Dottore Antonio Milani, 2008. P. 71-83.
8. Hallstein W. La communauté européenne: nouvel ordre juridique. Bruxelles: Bureau d’information des communautés européennes, 1964.
9. Kadelbach S. Chapter 10. International Treaties and The German Constitution // The Oxford Handbook of Comparative Foreign Relations Law / Ed. by C. A. Bradley. Oxford: Oxford University Press, 2019.
STATE AND LAW THEORY
GORBUNOV Maxim Dmitrievich
Ph.D. in Law, senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy State University
ON THE CRITICISM OF THE MECHANISTIC NATURE OF RESPONSIBILITY IN LAW
The article deals with the question of the relationship between the concepts of “duty” and “responsibility” as the basis of the normative nature of the legal system. It is argued that the domestic legal science in determining the normativity of the legal system focuses on the concept of “responsibility”. The enforcement of the law and the implementation of the sanction are defined as the main goal of regulatory regulation. This approach does not take into account the conscious nature of the attitude of subjects to legal prescriptions and their awareness of their own obligation to follow social standards. As a result, the author comes to the conclusion that the excessive concentration on the coercive aspect of normativity distorts the role of duty and responsibility in legal regulation.
Keywords: jurisprudence, legal responsibility, normative regulation, philosophy of law, legal understanding.
References
1. Baitin M. I. Essence of law (Modern normative legal understanding on the verge of two centuries). – M., 2005. – 554 p.
2. Kudryavtsev VN About legal understanding and legality // State and law. – 1994. – № 3.
3. Lapaeva VV Current state and prospects of the Russian theory of law and state. Part I // Russian Journal of Legal Research. – 2014. – No. 4 (1). – P. 9-18.
4. Loshenkova E. V. Positive legal liability: are there sufficient grounds for its recognition? // Actual problems of Russian law. – 2007. – No. 1 (4). – P. 437-444.
5. Noskova E. A. Positive legal responsibility / Under the general editorship of R. L. Khachaturov. – Togliatti: Volga University. V. N. Tatishcheva, 2003. – 143 p.
6. Hart G. L. A. The concept of law (Translated from English by E. V. Afonasina, M. Babak, A. B. Didikin, S. V. Moiseeva) / G. L. A. Hart. – St. Petersburg: St. Petersburg State University, 2007.
7. Austin J. The Province of Jurisprudence Determined / Ed. Rumble W. – Cambridge: Cambridge University Press, 1995. – 293 p.
8. Bentham J. A Comment on the commentaries and a fragment on government / Ed. Burns J. H. and Hart H. L. A., 1977. – 630 p.
9. Dickinson J., Legal Rules. Their Function in the Process of Decision. – Philadelphia: University of Pennsylvania Law Review, 1931. – P. 833-868.
10. Hart H. L. A. Cohen J. Theory and definition in jurisprudence // The Aristotelian society. – 1955. – Vol. 29. – P. 213-264.
11. Kelsen H. General Theory of Law and State. – Cambridge: Harvard University Press, 1945
12. Ross A., On Law and Justice // Berkeley: University of California Press. – 1959.
STATE AND LAW THEORY
GOROKHOV Andrey Andreevich
junior bailiff for OUPDS of the Main Department of Bailiffs in the Krasnoyarsk Territory
GOROKHOVA Kamila Ildusovna
chief specialist of the Legal Department of the Agency for State Property Management of the Krasnoyarsk Territory
THE VALUE OF THE DIGNITY OF THE INDIVIDUAL IN THE MECHANISM OF SUBSIDIARY LEGAL RESPONSIBILITY. ANALYSIS OF LAW ENFORCEMENT PRACTICE.
The article discusses the axiology of subsidiary legal liability from the perspective of a law enforcement officer. Values occupy the most important place in the life of a person and society. It is taking into account the values of a particular society that the legislator tries to correctly build the mechanism of legal regulation.
Recently, the number of cases of bringing to subsidiary liability has increased significantly. However, the reform of the civil legislation did not affect the norms on the specified type of liability, which complicated the process of law enforcement of legal norms. At the same time, taking into account modern legal realities, subsidiary liability needs clear legal regulation.
Keywords: dignity of the individual, axiology, law enforcement, subsidiary legal responsibility, values of law, morality.
References:
1. Gorbashev I. V. On some material and legal aspects of bringing to subsidiary liability in the clarifications of the Supreme Court of the Russian Federation // Bulletin of Civil Law. – 2018. – № 4.
2. Zhukov VN State and law // Law as a value. – M., 2010. – № 1.
3. Ivannikov AI Axiology of legal responsibility: monograph; edited by R. L. Khachaturov. – Moscow: Yurlitinform, 2020.
4. Krotova E. V. Legal nature of the category “subsidiary responsibility” // Modern science: actual problems of theory and practice. Series “Economics and Law”. – 2020. – № 1.
5. Martyshina O. V. The problem of values in the theory of state and law // State and law. – 2004. – № 10.
6. Mironov A. V. The concept of value, types and hierarchy of values // Social and humanitarian knowledge. – 2007. – № 1.
7. Nenovsky N. Law and values. – M.: Progress, 1987.
8. Yarkova E. N. History and methodology of legal science. – Tyumen, 2012.
STATE AND LAW THEORY
DUBROVIN Mikhail Andreevich
senior lecturer of International law and foreign economic activity sub-faculty of the Institute of Law of the A. G. and N. G. Stoletov Vladimir State University
SIGNS OF THE INTEGRATION PROCESS IN THE STATE
The study is dedicated to the theoretical analysis of the integration process in the state. It is shown that the traditionally deduced signs of theintegration process are not final and require doctrinal adjustments and additions under the influence of external factors caused by the new multipolar world. The question of relevance and motivation of introducing additional features into the integration process is investigated. The necessity of the presence of these features in the doctrinal model is substantiated in order to correctly assess the nature of the integration processes taking place in the state.
Keywords: integration process, signs of integration process, state, flexibility, cyclicity.
References
1. Baranovsky VG The main parameters of the modern system of international relations // Polis. – 2012. – № 3. – P. 63-73.
2. Dubrovin M. A. Correlation of the criteria of flexibility and cyclicality in the process of integration in the state // MNIZH. – 2022. – № 6-5 (120).
3. Dubrovin M. A. The criterion of flexibility in the context of the integration activities of the state: a theoretical aspect // Eurasian Law Journal. – 2021. – No. 5. – P. 66-67.
4. Pastukhova N. B. International integration and state sovereignty // State and law. – 2006. – No. 10. – S. 82-85.
STATE AND LAW THEORY
ZABOLOTNYKH Alexander Alexandrovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
DIPLOMACY IN THE MODERN RUSSIAN STATE
The article discusses such an important direction for any country in the world as diplomatic activity, its benefits for the state. Skills, knowledge and skills that a diplomat must have in order to successfully complete the tasks assigned to him. Dilomatic figures significant for modern Russian history, their services to the motherland. Good examples of the activities of diplomats are given. The necessity of diplomatic activity as the main course of development of modern international relations is revealed.
Keywords: diplomacy, international relations, diplomatic activity.
References
1. Chernyakov Yu. Diplomats, officials, and others. Ministers of Foreign Affairs. – M.: Azimut, 2015. – 769 p.
2. Vasilenko I. A. Negotiations with Eastern partners. Models, strategies, sociocultural traditions. – M.: International relations, 2016. – 336 p.
3. Pechatnov V. O., Popov I. V., Raikov Yu. A. History of Russian diplomacy: In two volumes. Textbook. Volume II: 1917-2017. / Ed. A. V. Torkunova, A. N. Panova. – M.: Aspect Press, 2018. – 368 p.
4. Morozov S. Diplomacy of V. V. Putin. Foreign policy of Russia 2015-2017 – M.: Izmailovsky Publishing House, 2017. – 256 p.
5. Utkin A. I., Khvostov V. V. Diplomacy and weapons. – M.: Nauka, 2017. – 192 p.
STATE AND LAW THEORY
PARONYAN Karen Martinovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch), Rostov State University of Economics (RINH), Taganrog
THE MECHANISM OF IMPLEMENTATION OF THE INSTITUTE OF CENSORSHIP IN THE LIBERAL STATE-LEGAL REGIME OF RUSSIA IN THE END OF THE XX – THE BEGINNING OF THE XXI CENTURIES
The article examines the mechanism for implementing the institution of censorship and the consolidation of elements of censorship state policy in the formation and functioning of the liberal state-legal regime in Russia in the late 20th and early 21st centuries. Scientific positions are analyzed regarding the prospects for the development of this model of the state-legal regime, as well as the relationship between the constitutional prohibition of censorship and the application of elements of censorship policy in the political and legal space of Russia. The conclusion is drawn that the Russian political and legal regime is a complex set of methods and techniques of ruling, based on authoritarian principles (used in periods of instability, and therefore almost always), in addition to which liberal approaches can be very successfully applied . One of the essential characteristics of this regime is the institution of censorship, which is dialectically built and functions in the Russian political system.
Keywords: censorship, institution of censorship, political system of society, political and legal regime, state-legal regime, methods of ruling, digitalization, informatization.
References
1. Apolsky E. A., Mordovtsev A. Yu., Khomenko S. M. Political and legal regime in the essential and national dimension. – M.:”Yurlitinform”, 2021. – 160 p.
2. Denisov S. A. The political regime of modern Russia // Political Conceptology. – 2018. – No. 2. – P. 146-156.
3. Ponomareva M. A. Liberal ideas in the 90s of the XX century: the basis of the concept of modernization of Russia // System of values of modern society. – 2011. – No. 18. – P. 89-96.
4. Revyakina E. A. Ideology of liberal parties in modern Russia: features, problems and development prospects // Central Russian Bulletin of Social Sciences. – 2013. – No. 2. – P. 113-117.
STATE AND LAW THEORY
SKVORTSOV Dmitriy Sergeevich
postgraduate student of the 1st course of the Samara State University of Economics
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
LEGAL POLICY AS A LEGAL CATEGORY: CONCEPT AND FEATURES
The article analyzes the essence and main features of legal policy. The author points out that the most important issues of the rule of law and human existence are at the center of legal policy: humanism, eternal values, justice, individual rights, interaction of personality and power, etc.; notes the need to popularize legal policy among the population. The article also discusses such signs of legal policy as its reliance on the norms of law, subordination to constitutional norms, compliance with the interests of the individual, society and the state, reliance on the coercive force of the state, scientific, etc.< /p> Keywords: legal policy, legal culture, personality, legal science, legal nihilism.
References
1. Aznagulova G. M., Komarov S. A. Legal policy as a category in legal science // Theory of State and Law. – 2016. – No. 1. – P. 35-38.
2. Biryaeva A. V. Legal policy as a legal category: concept and signs // Scientific potential of youth – the future of Mordovia. Materials of the final regional scientific-practical conference in 2 parts. – 2009. – S. 90-92.
3. Krasnov Yu. K. Legal policy of Russia at the present stage: Textbook / Yu. K. Krasnov; Moscow state Institute of International Relations (U-NT) Russian Foreign Ministry. – M.: Prometheus, 2019. – 182 p.
4. Legal policy = Legal policy: textbook for students of higher educational institutions studying in the specialties 030501.65 “Jurisprudence”, 030900.62 “Jurisprudence (Bachelor’s degree)”, 030900.68 “Jurisprudence (Master” / [A.V. Malko et al.]; under the editorship of A. V. Malko, R. V. Puzikov, Ministry of Education and Science of the Russian Federation, Russian Academician of Sciences, Saratov Branch of the Institute of State and Law, Federal State Budgetary Educational Institution of Higher Professional Education “Tambov State University named after G. R. Derzhavin”, Scientific and Educational Center for Legal Policy of the Subjects of the Russian Federation, Ministry of Education and Science of the Russian Federation. – Tambov: Publishing House of TSU, 2012. – 578 p.
5. Legal policy: textbook / Yu. M. Goryachkovskaya. – Belgorod: Publishing House of the Belgorod University of Cooperation, Economics and Law, 2016. – 155 p.
6. Rudkovsky V. A. Legal policy in the system of legal categories // Bulletin of the Volgograd State University. Series 5: Jurisprudence. – 2014. – No. 1 (22). – P. 63-68.
7. Rybakov O. Yu. Legal policy as a legal category: concept and signs // Journal of Russian law. – 2002. – No. 3 (63). – P. 71-78.
STATE AND LAW THEORY
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
INTRODUCTION OF FOREIGN VOCABULARY IN LAW-MAKING ACTIVITIES AS A FACTOR OF NEGATIVE IMPACT ON THE REGULATION OF SOCIAL RELATIONS
The article raises the question of the applicability of foreign vocabulary in the rule-making activity. The influence of the globalization process on the formation of social relations, which need to be regulated by the rules of law, is considered. It is important to understand that the very formation of the legal system involves the adoption of experience, borrowing terminology. The relevance and rationality of the use of foreign vocabulary in law-making activity may serve as a factor of positive law development. The analysis of the current legislation is carried out, examples of the negative impact of borrowings on the understanding of the law are given. The article names possible ways of solving the existing problems associated with the introduction of borrowings in the texts of normative legal acts in force on the territory of the Russian Federation.
Keywords: borrowed words, legal creation, globalization.
References
1. Federal Law “On the state language of the Russian Federation” dated June 1, 2005 No. 53-FZ (last edition).
2. Legal technique textbook edited by V. M. Baranov. – M.: Prospekt, 2021. – P. 177-178.
3. Federal Law No. 52-FZ of February 28, 2023 “On Amendments to the Federal Law “On the State Language of the Russian Federation”.
4. Explanatory note to the draft federal law “On Amendments to the Federal Law “On the State Language of the Russian Federation”. [Electronic resource]. – Access mode: https://soаd.duma.gov.ru/bill/221977-8 (date of access: 25.05.2023).
5. Cherekaev A. V. Legal terminology in Russian public law: problems of application and improvement: dis. … cand. legal Sciences. – M., 2004. – P. 34.
6. Kashanina T. V. Legal technique: textbook. – 2nd ed., revision. – M.: Norma: INFRA-M, 2011. – S. 258-262.
7. Davydova M. L. Legal technique: problems of theory and methodology: monograph / GOU VPO “VolGU”. – Volgograd: VolGU Publishing House, 2009. – P. 119-138.
STATE AND LAW THEORY
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofia Dmitrievna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
THE ESSENCE OF LEGAL PRECEDENT AND ITS CHARACTERISTIC FEATURES
This article discusses the issue of the formation and development of legal precedent. With all the popularity of this problem, there is no single approach even to understanding the phenomenon of precedent – this category includes very heterogeneous phenomena. The topic of various sources of law is important in the modern world, which especially has a growing trend in the development of globalization processes and the integration of legal systems, which is aiming at improving at interactions between countries and the development of international law. Thus, the question arises of the possibility of forming case law or its elements in the Russian Federation.
Keywords: precedent, court decision, sources of law, analogy, judicial practice.
References
1. Bocharova N. N. Judicial precedent as a source of Russian law // Trends in the development of science and education. – 2020. – No. 61-10. – P. 10-13.
2. Zivs S. Sources of law: monograph // Moscow: Nauka, 1981. – 241 p.
3. Kuchin M. V. Judicial precedent in the system of general and continental law // Russian legal journal. – 2006. – No. 2 (50). – 62 p.
4. Ovsepyan Zh. I. International judicial precedent as part of the constitutional and legal system of Russia // Bulletin of the Faculty of Law of the Southern Federal University. – 2014. – No. 1. – P. 51-58.
5. Spektor E. I. Judicial precedent as a source of law // Journal of Russian law. – 2003. – № 5. – 32 p.
6. Walker R. English judicial system. – Moscow: Jurid. lit., 1980. – 631 p.
STATE AND LAW THEORY
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Law school of the Far Eastern Federal university
DYAKONOVA Anastasia Vitaljevna
magister student of the Law school of the Far Eastern Federal university
RETHINKING THE ROLE OF THE INSTITUTION OF LEGAL INTERPRETATION IN THE AGE OF DIGITAL CHANGE
The authors discuss some trends in the institution of interpretation of law associated with the IV industrial revolution. Despite the potential of such a response tool, the legal policy of the state lags far behind the key trends in the development of society. The complication of the subject of legal regulation, the weighting of the structure of the regulatory text, the emergence of new opportunities for the algorithmization of law: all this creates the prerequisites for rethinking the role of the legal interpretation activities of the state in the digital era.
Keywords: interpretation of law, digitalization of law, algorithmization of law, machine-readable law, law interpretation activity, lawmaking, theory of interpretation.
References
1. About Russian Law as Open Data. [Electronic resource]. – Mode daccess: https://github.com/irlcode/RusLawOD (accessed 09/16/2022).
2. Frolova E. E., Ermakova E. P. Utilizing artificial intelligence in legal practice // Smart Innovation, Systems and Technologies. 2022 Vol. 254. P. 17-27.
3. Michael Genesereth’s Computational Law: The Cop in the Backseat. [Electronic resource]. – Mode of access: https://law.stanford.edu/2016/01/13/michael-genesereths-computational-law-the-cop-in-the-backseat/ (accessed 09/15/2022).
4. Belyaeva O. M. Interpretation of the norms of law // Uchenye zapiski Kazanskogo gosudarstvennogo universiteta. Series: Humanities. – 2007. – T. 149. – No. 6. – S. 39-47.
5. Boshno S. V. Interpretation of the norms of law: methods and types // Law and education. – 2003. – № 5. – S. 15-33.
6. Law of the Republic of Altai dated 05.03.2008 No. 18-RZ On regulatory legal acts of the Republic of Altai. [Electronic resource]. – Access mode: http://docs.cntd.ru/document/819039600 (date of access: 09/13/2022).
7. Concept for the development of machine-readable law technologies (approved by the Government Commission on Digital Development, the Use of Information Technologies to Improve the Quality of Life and Business Conditions, Protocol No. 31 dated September 15, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_396491/ (date of access: 20.09.2022).
8. Kuchakov R., Savelyev D. Complexity of legal acts in Russia: Lexical and syntactic quality of texts. // “Analytical notes on the problems of law enforcement. St. Petersburg: IPP EUSPb, 2018. 20 p.
9. Manukyan A. G. Interpretation of the rules of law: types, system, limits of action: dis. … cand. legal Sciences. SPb., 2006. [Electronic resource]. – Access mode: https://www.dissercat.com/content/tolkovanie-norm-prava-vidy-sistema-predely-deistviya (date of access: 17.09.2022).
10. Work has begun on the automation of law enforcement. [Electronic resource]. – Access mode: https://www.advgazeta.ru/novosti/nachalas-rabota-po-avtomatizatsii-pravoprimeneniya/ (date of access: 09/13/2022).
11. Pigolkin A. S. Interpretation of normative acts in the USSR // Vsesoyuz. in-t jurid. Sciences. – Moscow: Gosjurizdat, 1962. – 166 p.
12. Popova L. E. Interpretation of the norms of law and filling in their gaps // Law and life. – 2018. – No. 4. – P.13-19.
13. Khabrieva T. Ya., Chernogor N. N. The future of law. Legacy of V. S. Stepin and legal science. – Moscow: Russian Academy of Sciences; Institute of Legislation and Comparative Law under the Government of the Russian Federation; INFRA-M, 2021. – 176 p.
14. Shepeleva O. S., Suchkova M. A., Bogapova A. V. et al. Issues of regulation of the digital economy: Analytical report. – M.: Center for Strategic Research Foundation, 2019. – 491 p.
15. Yankovsky R., Vashkevich A., Ivanov A., Naumov V., Neznamov A., Shchekin D. Machine-readable law: the legal challenge of modernity // Law. – 2021. – No. 10. – S. 20-26.
STATE AND LAW THEORY
YUNUSOV Abdulzhabar Agabalaevich
Ph.D. in Law, professor, professor of Theory of state and law, international and European law sub-faculty of the Academy of the FPS of Russia
YUNUSOV Muslim Abdulzhabarovich
Ph.D. in Law, associate professor of Organization of financial, economic, logistics and medical support sub-faculty of the Academy of Management of the MIA of Russia
YUNUSOV Samur Abdulzhabarovich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
CORRELATION BETWEEN THE RIGHTS AND DUTIES OF A PERSON AND A CITIZEN AS A MATTER OF JUSTICE
The article deals with the issues of the correlation of the rights and duties of a person and a citizen as a matter of ensuring the principle of justice in law. Throughout its existence, society has been looking for effective mechanisms to ensure the principle of justice in the framework of its life, since justice is one of the basic fundamental foundations for the construction and qualitative development of statehood. In this regard, the authors consider the proportional balance of the rights and duties of a person and a citizen as one of the main criteria for justice in society.
Keywords: state, person, citizen, personality, rights, duties, right, legislation, provision, freedom, restrictions, justice, humanization.
References
1. Akhverdyan A.G. Justice as a result of ensuring the balance of rights and obligations // Legal Thought. – 2020. – No. 3 (119). – P. 10-15.
2. Ismailov N. O. Human rights and freedoms in the light of the concept of justice // Theory and practice of social development. – 2014. – No. 3. – P. 36-40.
3. Komarov S. A. General theory of state and law: a textbook for universities. – 9th ed., Rev. and additional – M.: Yurayt Publishing House, 2020.- 506 p.
4. Radko T.N. Theory of state and law: textbook. 2nd ed. – M.: Prospekt, 2010. – 495 p.
5. Rudakov A. A. A measure of freedom and justice in rights and obligations // In the collection: Legal problems of strengthening Russian statehood. Edited by V. F. Volovich, A. M. Barnashov, V. M. Zuev / Tomsk State University. – Tomsk, 2008. – P. 10-12.
6. Yunusov S. A. Historical and social and legal aspects of understanding the principle of justice // Man: crime and punishment. – 2011. – No. 3 (74). – P. 23-26.
7. Justice and injustice. FOM. October 6, 2020 [Electronic resource]. – Access mode: https://fom.ru/TSennosti/14469 (date of access: 04/28/2023).
HISTORY OF STATE AND LAW
BERIDZE Natella Zviadovna
magister student of the 1st course of Operation and management of real estate sub-faculty of the Irkutsk National Research Technical University
DERANZHULINA Elena Gennadjevna
senior lecturer of Theory of law, constitutional and administrative law sub-faculty of the Irkutsk National Research Technical University
LEGAL REGULATION OF COLLECTIVE HORTICULTURE AND GARDENING IN THE SOVIET PERIOD
The article considers matters of legal regulation of collective horticulture and gardening in the Soviet period, procedure for granting land plots to citizens, the authority of certain Soviet bodies in related to the allocation of land for gardening and horticulture, rights and duties of citizens in relation to the land plots granted to them.
Keywords: collective horticulture, collective gardening, horticultural partnership, Legal regulation, Soviet period.
References:
1. Decree of the Council of People’s Commissars of the USSR of 06/19/1943 “On the exemption from agricultural taxation of workers and employees on income received from land allocated for collective and individual gardens” // SP USSR. – 1943. – No. 9.
2. Law of the USSR of March 18, 1946 “On the five-year plan for the restoration and development of the national economy of the USSR for 1946 – 1950.” // Bulletin of the USSR Armed Forces. – 1946. – No. 11.
3. Decree of the Council of Ministers of the USSR of February 24, 1949 No. 807 “On the collective and individual gardening and horticulture of workers and employees”.
4. Decree of the Council of Ministers of the USSR of March 22, 1950 No. 1172 “On the collective and individual gardening of workers and employees”.
5. Decree of the Council of Ministers of the USSR of 07/03/1952 No. 2991 “On the construction of buildings in the collective gardens of enterprises, institutions and organizations in Moscow and the Moscow Region”.
6. Decree of the Council of Ministers of the RSFSR of December 16, 1955 No. 1522 “On the further development of horticulture and viticulture of workers and employees.”
7. Decree of the Council of Ministers of the RSFSR of October 15, 1956 No. 678 “On Approval of the Model Charter of the Horticultural Association of Workers and Employees.”
8. Decree of the Council of Ministers of the RSFSR of December 16, 1955 No. 1522 “On the further development of horticulture and viticulture of workers and employees.”
9. Decree of the Council of Ministers of the USSR of December 30, 1960 No. 1346 “On the individual construction of dachas” // SP USSR. – 1961. – № 1.
10. Decree of the Council of Ministers of the RSFSR, the All-Union Central Council of Trade Unions of April 12, 1965 No. 453 “On collective gardening of workers and employees” // SP RSFSR. – 1965. – № 6.
11. Decree of the Council of Ministers of the RSFSR, the All-Union Central Council of Trade Unions of March 18, 1966 No. 261 “On the collective gardening of workers and employees in the RSFSR” // SP RSFSR. – 1966. – № 8.
12. Model charter of the horticultural association of workers and employees, approved. By order of the Ministry of Communal Services of the RSFSR No. 161, the Ministry of Agriculture of the RSFSR No. 227 of May 18, 1966 // Legislation on capital construction. Issue 4. – M. – 1978.
13. Order of the Ministry of Housing and Communal Services of the RSFSR No. 308, the Ministry of Agriculture of the RSFSR No. 399 dated July 3, 1978 “On Amending the Model Charter of the Horticultural Association of Workers and Employees”; Order of the Ministry of Housing and Communal Services of the RSFSR No. 80, the Ministry of Agriculture of the RSFSR No. 104 dated 02.02.1982 “On Making Addenda to the Model Charter of the Horticultural Association of Workers and Employees”; Decree of the Council of Ministers of the RSFSR of November 11, 1985 No. 517 “On approval of the Model Charter of a horticultural partnership” // SP RSFSR. – 1986. – No. 18.; Decree of the Council of Ministers of the RSFSR of March 31, 1988 No. 112 “On approval of the Model Charter of a horticultural partnership” // SP RSFSR. – 1988. – № 10.
14. Decree of the Council of Ministers of the USSR of December 29, 1984 No. 1286 “On streamlining the organization of collective horticulture and horticulture” // SP USSR. – 1985. – № 2.
15. Decree of the USSR Council of Ministers dated May 15, 1986 No. 562 “On measures for the further development of collective horticulture and horticulture” // SP USSR. – 1986. – № 22.
16. Law of the USSR of May 26, 1988 No. 8998-XI “On cooperation in the USSR” // Bulletin of the USSR Armed Forces. – 1988. – № 22.
17. Decree of the Council of Ministers of the RSFSR dated February 22, 1991 No. 110 “On granting citizens land registrationastkov for horticulture, horticulture and animal husbandry.
HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph. D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Ufa University of Science and Technology
NEKRASOV Anton Igorevich
student of the 4th course of the Institute of Law of the Ufa University of Science and Technology
ON THE QUESTION OF FRANCE’S FOREIGN POLICY COURSE IN THE 1920S AND 1930S (PART 2)
The article deals with the main problems of the consistency of France’s foreign policy in the 1920s and 1930s. The article also investigates the role of prime ministers and foreign ministers in the decision-making process during the fundamental events of the mentioned period: The Paris Conference, The Genoa Conference, The Locarno Conference, The Four-Power Pact, bilateral and multilateral treaties in the field of security and cooperation. The results of the activities of such politicians as Georges Clemenceau, Raymond Poincare, Aristide Briand, Joseph Paul-Boncour, Louis Barthou and Pierre Laval are analyzed.
Keywords: France, foreign policy, The Treaty of Versailles, Germany, international relations, twentieth century.
References
1. Borisov A. Yu., Kleimenova N. E., Narinsky M. M., Sidorov A. Yu. History of international relations. Interwar period and World War II. In 3 volumes. – M., 2017. – V. 2. – 496 p.
2. Wormser G. La Republique de Clemenceau. – Paris, 1961. – 522 p.
3. Documents of the foreign policy of the USSR. – M., 1961. – T. 5. – 786 p.
4. White S. The Origins of Detente: The Genoa Conference and Soviet-Western relations, 1921 – 1922. – Cambridge, 1985. – 255 rubles
5. Belousova Z. S. France and European security 1929-1939. – M.: Nauka, 1976. – 418 p.
6. Gafurov B. G. Locarno Treaty between Germany, Belgium, France, Great Britain and Italy. October 16, 1925. Anthology on recent history. In 3 volumes. – M., 1960. – T. 1. – 799 p.
7. Marchenko M. N. The ideas of pan-Europeanism in the first half of the twentieth century. // Bulletin of Moscow University. Episode 11 – 2008. – № 4. – P. 4-13.
8. Soutou G.-H. La France, l’URSS et l’ère de Locarno, 1924-1929. L’URSS et l’Europe des années 20. Sous la dir. de M. Narinski, E. du Reau, G.-H. Soutou, A. Tchoubarian. – Paris: Presse de l’Universite de Paris-Sorbonne. – 2000. – P. 67-90. (in French).
9. Documents of the foreign policy of the USSR. – M., 1970. – T. XVI. – 920 p.
10. Cipher telegram from People’s Commissar for Foreign Affairs of the USSR M. M. Litvinov to the People’s Commissariat of Foreign Affairs of the USSR with the text of the Geneva Protocol on issues related to negotiations on the Eastern Pact // Presidential Library named after B. N. Yeltsin. – [Electronic resource]. – Access mode: https://www.prlib.ru/item/1296368 (date of access: 02/22/2023).
11. Documents on British Foreign Policy. – L., 1976. – Ser. 2.–V.XV. – 862 rubles
12. Gromyko A. A. History of diplomacy. – M., 1965. – T. 3. – 831 p.
13. Nesterova T. P. France and an attempt to resolve the Italo-Ethiopian conflict at the end of 1935: the Hoare-Laval plan // Scientific Dialogue. – 2020. – No. 8. – P. 398-411.
14. Kravchenko A. A. Italian aggression against Abyssinia and the Hoare-Laval plan // Bulletin of the Tambov State University. Series: Humanities. – 2010. – Issue 5. – P. 156-161.
15. Magadeev I. E. German politics in the 20s of the twentieth century in the light of the lessons of the First World War // Bulletin of MGIMO University. – 2014. – No. 4 (37). – P. 35-44.
16. Vershinin A. A. Contradictions of the collective security model: modern historiography on the evolution of the Versailles system of international relations in the 1930s. // Bulletin of MGIMO-University. – 2022. – No. 15 (2). – P. 108-140.
17. Arshintseva O. A., Glushkov A. E. Locarno, 80 years ago // Proceedings of the Altai State University. – 2005. – No. 4. – S. 7-11.
HISTORY OF STATE AND LAW
PRONINA Ekaterina Nikolaevna
senior lecturer of Theory and history of state and law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
LEGAL BASIS FOR ANTI-EPIDEMIC PREVENTIVE MEASURES IN THE RUSSIAN EMPIRE
The rapid spread of epidemics and contagious diseases in the Russian Empire in the second half of the 19th century necessitated the formation of a set of anti-epidemic measures. The community of doctors, united by the Pirogov congresses, expressed the idea that it was possible to prevent the development of an epidemic by disseminating elementary knowledge about hygiene and sanitation among the population. However, the dissemination of knowledge was opposed by the illiterate population, bound by prejudices. One of the ways to disseminate knowledge was folk readings. Graduallythe legal basis of this institution was formed.
Keywords: contagious diseases, epidemics, popular readings, anti-epidemic measures, medical talks, Rules of December 24, 1876, legal foundations of popular readings.
References
1. Great Medical Encyclopedia, 2nd ed., v. 24. – M., 1962.
2. Granan A. and I. History of Russia in the XIX century. – St. Petersburg, 1910.
3. Report of the Council of the Society for the Promotion of Primary Education in the Nizhny Novgorod Province for 1892.
4. Rules for organizing public readings in provincial cities // Complete collection of laws of the Russian Empire. – Volume 51. – No. 56762.
5. Regulations on the establishment of a publishing society under the highest approved permanent commission for the organization of public readings in St. Petersburg and its environs // Complete collection of laws of the Russian Empire. – 1882. – Volume 2. – No. 1041.
6. Proceedings of the V Congress of the Society of Russian Doctors in memory of N. I. Pirogov, published by the Board of the V Congress. T. 1. T. 2. – St. Petersburg, 1894. – P. 455.
7. Prugavin A. S. Laws and reference information on primary public education. – St. Petersburg, 1898. – 785 p.
8. Reports of the Board and commissions to the XI Pirogov Congress of Physicians. – M., 1910.
HISTORY OF STATE AND LAW
PROKHOROV Vladimir Vladimirovich
Ph.D. in historical sciences, associate professor, associate professor of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
SOURCE STUDY BASE ON THE HISTORY OF THE ORGANIZATION AND ACTIVITIES OF THE DEPARTMENT OF INTERNAL AFFAIRS OF THE CRIMEAN ASSR (1921-1925)
The article deals with the source study base on the history of the organization and activities of the internal affairs bodies of the Crimean ASSR (1921-1925). Particular attention is paid to the funds of archival institutions containing documents and materials related to the formation of the Crimean police in the first half of the 1920s. A source study analysis of published sources on the history of the development of the RCM of the peninsula is carried out. A set of departmental documents covering the reorganization of the ATS system of the autonomy, their internal structure and functions is given.
Keywords: Department of Internal Affairs, RKM, NKVD, Crimean ASSR, sources, archival funds, materials and documents, PLO, militia bodies, report, order, circular, organization and activity, RSFSR, Glavmilitsiya.
References
1. Prokhorov VV Organizational formation of the workers’ and peasants’ militia of Crimea: monograph. – K.: Telesik, 2007. – 240 p.
2. Collection of orders of the revolutionary committee of the Crimea (No. 187-325, January – April 1921). – Simferopol: B.I., 1921. – Issue. 1. – P. 8-23.
3. Report of the NKVD of the Crimean SSR to the II All-Crimean Congress of Soviets of Workers, Peasants, Red Army and Naval Deputies (November 17, 1921 – October 17, 1922). – Simferopol: B.i., 1922. – 110 p.
4. Report of the Crimean Central Executive Committee, Council of People’s Commissars, People’s Commissariats and institutions of the Crimean SSR to the III All-Crimean Congress of Soviets (October 1922 – September 1923). – Simferopol: B.I., 1923. – 417 p.
5. Revolutionary committees of the Crimea: Sat. documents and materials / Resp. ed. L. D. Solodovnik. – Simferopol: Crimea, 1968. – 241 p.
6. History of the militia of the Ukrainian SSR in documents and materials / Ed.: P. P. Mikhailenko: in 2 volumes – K., 1969. – T. 1. – 883 p.
HISTORY OF STATE AND LAW
SAIDOVA Marina Zagidovna
Ph.D. in historical sciences, associate professor, Head of General history sub-faculty of the Dagestan State Pedagogical University
THE ROLE OF THE STATE AUTHORITIES OF DAGESTAN IN THE AFTERMATH OF THE EARTHQUAKES OF 1966 AND 1970
One of the most difficult areas of activity of Dagestan state authorities in the 60-70 years of the XX century was the resettlement policy. Taking into account the fact that the mountainous regions of Dagestan have always suffered from lack of land, the Government of the republic in the 50s developed long-term plans for the gradual resettlement of residents of mountainous areas, with an emphasis on the rational use of labor in the lowland areas of the DASSR. However, in the second half of the 60-70, these plans underwent significant adjustments in connection with the devastating earthquakes of 1966 and 1970, which caused forced large-scale relocations and required enormous exertion of all the forces of the mountainous region to restore the destroyed cities and villages of Dagestan.
Keywords: state authorities, resettlement policy, earthquakes, destruction, consequences of the elements, restoration measures.
References
1. Akhmedov D., Vagabov M., Magomedov M. Dagestan, May 14, 1970 – Makhachkala, 1971. – 347 p.
2. Akhmedov J. N. An example of internationalism and friendship of peoples (to the 40th anniversary of the earthquake in Dagestan) // Bulletin of the IAE Institute. – 2010. – No. 3. – P. 155-159.
3. Sergeeva K. P. Population of Dagestan. – Makhachkala, 1973. – 84 p.
4. Traditional and new in modern life and culture of Dagestan settlers. – M.: Nauka, 1988. – 320 p.
5. CGA RD. – F-r 168. – Op.50. – D.81.
6. CGA RD. – F-r 352. – Op.25. – D.38.
7. TsGA RD. – F. -1 p. – Op. 2. – D. 3251.
CONSTITUTIONAL LAW
KURYACHAYA Marina Mikhaylovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Kuban State University, member of the Public Chamber of the city of Krasnodar
PUBLIC CONTROL IN THE ANTI-CORRUPTION COMPLIANCE SYSTEM
The organizational and legal aspects of the implementation of anti-corruption compliance in public authorities and local self-government, the expansion of the participation of citizens and civil society institutions in combating corruption, their inclusion in the anti-corruption system in the public services are considered.
Keywords: public authority, public control, anti-corruption policy, civic engagement, anti-corruption compliance.
References
1. Garmaev Yu. P., Markuntsov S. A., Ivanov E. A. Anti-corruption compliance in the Russian Federation: interdisciplinary aspects: monograph. – M.: Author, 2020. – 330 p.
2. Golovkin R. B., Manokhin V. S. Legal compliance: definition of the scope of the concept // Bulletin of the Vladimir Law Institute. – 2022. – No. 1 (62). – P. 128-132.
3. Grundel L. P. Compliance of tax instruments of deoffshorization in the conditions of international tax competition: Monograph. 3rd ed. – M.: Publishing and Trade Corporation “Dashkov and Co”, 2022. – 230 p.
4. Kuryachaya M. M. Development of civil society institutions in the political agenda of modern Russia // State and Law. – 2018. – No. 3. – S. 99-104.
CONSTITUTIONAL LAW
MAGOMEDOVA Patimat Rasulovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan state university
GADZHIMAGOMEDOV Kuramagomed Gadzhimagomedovich
magister student of Constitutional and international law sub-faculty of the Dagestan state university
ELECTORAL RIGHTS OF CITIZENS IN THE SYSTEM OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
The article addresses the issue of citizens’ electoral rights in the system of fundamental rights and freedoms. It is said that the state, recognizing and guaranteeing electoral rights, at the legislative level establishes the procedure for the exercise of these rights. It is emphasized that the Russian Federation is a democratic state and, based on universal international acts, independently enshrines the electoral model, while establishing the boundaries for the implementation of each suffrage, which can be either expanded or limited by a federal legislator in order to protect constitutionally significant values. The main conclusion is the provision according to which the Russian Federation, recognizing and guaranteeing constitutional electoral rights, thereby recognizes and guarantees the components of its authority. However, these rights are not absolute, that is, they are exercised within certain boundaries.
Keywords: citizens’ electoral rights, fundamental rights and freedoms, the Constitution of the Russian Federation, migrant workers, foreign citizens, democracy.
References
1.Avakyan S. A. Russian constitutionalism: several theses on urgent tasks // Legal world. 2015. No. 2. P. 23-30.
2. Viskulova VV The constitutional right of citizens to elect and be elected: to the conditionality and dynamism of the foundations // Constitutional and municipal law. 2015. No. 3. P. 31-38.
3. Nudnenko L. A. Principles of passive suffrage: system and interaction with constitutional rights and freedoms of the individual in Russia // Actual problems of Russian law. 2015. №
10. P. 53-58.
CONSTITUTIONAL LAW
MALTSEVA Svetlana Nikolaevna
Ph.D. in Law, Head of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
DECISIONS OF THE CONSTITUTIONAL COURT AND THE SUPREME COURT OF THE RUSSIAN FEDERATION ON THE PROVISION OF MEDICAL CARE AND THE RESPONSIBILITY OF MEDICAL STAFF
Currently, the Supreme Court of the Russian Federation must build its own legal principles on the provision of medical care and the responsibility of medical staff in order to regulate these relations in the new reality. The decisions of the Constitutional Court and the Supreme Court of the Russian Federation are binding on the entire territory of the Russian Federation; therefore, their decisions should replace the legal provisions of the ECHR. The protection of human rights becomes the subject of judicial review for Russian justice. With regard to the issue of criminal liability of medical workers, the Supreme Court of the Russian Federation proceeds from the fact that medicine should be effective, and in case of disputes between a medical organization and a patient, an objective investigation should be conducted, and the results of the investigation should be brought to the patient or his relatives.
Keywords: Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, criminal liability of medical workers, healthcare, life and health protection, convicts.
References
1. Knyazev S. D. Obligation of ECtHR judgments in the legal system of Russia (on the basis of the practice of the constitutional court of the Russian Federation) // Journal of Russian Law. – 2016. – No. 12 (240). – S. 6.
2. Review of the practice of the European Court of Human Rights. “Issues of compulsory medical intervention and non-provision of medical care” 2013-2020. – P. 21.
3. Chebotareva G. V. Criminal liability of medical workers for professional offenses: historical and legal aspects. Scientific notes of the Crimean Federal University named after V. I. Vernadsky // Legal Sciences. – 2015. – No. 1 (67). – S. 129.
4. Generalization of the legal positions of interstate bodies for the protection of human rights and freedoms and special rapporteurs (working groups) operating within the framework of the UN Human Rights Council on the issue of protecting the right of a person to health care. – M. 2019. – S. 16.
5. Dedov D. I., Gadzhiev Kh. I. Commentary on the decision of the Grand Chamber of the European Court of Human Rights of September 15, 2021 on the request for an advisory opinion in accordance with Article 29 of the Convention for the Protection of Human Rights and Dignity in connection with using the achievements of biology and medicine // Journal of Foreign Legislation and Comparative Law. – 2022. – T. 18. No. 1. – S. 70-79.
ADMINISTRATIVE LAW
ABDULAZIZOVA Patimat Hasanova
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the North Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
GADZHIEVA Khalisat Valerjevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the North Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
LOCAL SELF-GOVERNMENT IN THE LIGHT OF CONSTITUTIONAL REFORM IN THE RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS
The article examines the constitutional model of local self-government updated in accordance with the amendments to the Constitution of the Russian Federation adopted in 2020, analyzes the problems of innovations, prospects for their application in practice. Attention is drawn to the addition of Part 3 of Article 132 of the Constitution of the Russian Federation. It is stated that new trends in Russian legislation largely erode the autonomy of local self-government. The study resulted in the conclusions that the amendments made to the Basic Law are aimed at centralization of the vertical of power, even deeper integration of local self-government into the structure of public administration.
Keywords: constitutional reform, local self-government, public authority, President.
References
1. Bobrova N.A. Stages of reforming the Russian constitution: will there be no fifth round? // Legal Bulletin of DSU. – T. 38. – 2021. – No. 2. – S. 34-38.
2. Galkin D. V. The constitutional reform of 2020 and local self-government: problems and prospects // Issues of Russian justice. – 2021. – No. 16. – P. 115-122.
3. Ilchenko A. G., Mizeriy A. I. Some aspects of the interaction of local governments with public authorities in the light of the constitutional reform of 2020 // The Constitution of Russia and the development of legislation: a collection of materials of the III All-Russian scientific and practical conference. – Nizhny Novgorod, 2022. – P. 102-109.
4. Municipal law of Russia: textbook / Ed. ed. S. A. Avakyan. – Moscow: Prospect, 2020. – 656 p.
5. Murashkintseva A. N. Local self-government as an element of the mechanism of the state in the light of the constitutional reform of 2020 // Problems and prospects for the development of local self-government in the Russian Federation and foreign countries: a collection of materials of the All-Russian Conference with International Participation / Ed. L. T. Chikhladze, E. Yu. Komleva. – Moscow, 2022. – S. 93-98.
6. Nekrasov S. I. The concept of combining local self-government and local government in the light of the constitutional reform of 2020 // Ural Forum of Constitutionalists. materials of the seventh Ural Forum of constitutionalists. – Yekaterinburg, 2022. – P. 123-132.
7. Stepanov M. M. Local self-government in the context of the constitutional reform of 2020 // Actual problems of Russian law. – 2021. – T. 16. No. 5 (126). – P. 35-41.
8. Polyakova N. G. To the question of the organizational independence of local governments // Bulletin of the Donetsk National University. Ser.: Juridical sciences. – 2020. – No. 3. – P. 57-64.
9. Usmanova R. M. Local self-government in the system of public authority // Development of law and the state in the light of the constitutional reform: a collection of scientific works of scientific, practical and methodological seminars of the law faculty of the Sterlitamak branch of BashGU / Ed. ed. R. M. Usmanova. – Sterlitamak, 2022. – P. 57-59.
10. Khubaeva D. F. Local self-government in the light of the constitutional reform of 2020 // Essays on the latest cameralistics. – 2021. – No. 2. – P. 54-58.
11. Chikhladze L. T., Babaeva Yu. G. Rational integration as an important trend in the development of local self-government in the Russian Federation in the light of the constitutional reform of 2020 // Ural Forum of Constitutionalists: Materials of the Seventh Ural Forum of Constitutionalists. – Yekaterinburg, 2022. – P. 140-149.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MURATOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
IMPROPER MANAGEMENT AS A PREREQUISITE FOR AN ADMINISTRATIVE CONFLICT AND THE BASIS FOR AN ADMINISTRATIVE DISPUTE
The presented research is a deep and complex form summarizing the results of the study of Anglo-Saxon administrative justice obtained over 5 years. This article described focuses on the distinctive features of the institute, as well as the problematic aspects of its individual parts. The authors illustrate the most characteristic examples from judicial practice, as well as consider legal doctrines and current laws for a more nuanced understanding of the nuances of the Anglo-Saxon legal system.
Keywords: Anglo-Saxon legal family, administrative justice, administrative tribunals, judicial control over public administration, principles of public administration, improper management.
References
1. Common R. Organizational Learning in a Political Environment // Policy Studies. – No. 25. – 2004. – R. 35, 37.
2. Diane Longley and Rhoda James. Administrative justice: central issues in UK and European administrative law. Faculty of Law, The University of Sheffield – R. 4.
ADMINISTRATIVE LAW
KULAKOV Nikolay Andreevich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the St. Petersburg University of the MIA of Russia
TEMNIKOV Alexey Yurjevich
Ph.D. in Law, associate professor, associate professor of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ERMOLAEV Vyacheslav Gennadjevich
associate professor of administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
SOME PROBLEMS IN IMPLEMENTING THE ADMINISTRATIVE AND LEGAL STATUS OF A STATE CIVIL SERVANT
The article considers the administrative and legal status of a civil servant, as well as the problems of implementing its individual elements. In particular, the attention of the authors is focused on the legislative regulation of health insurance for public civil servants. According to the results of the study, the authors come to the conclusion that it is necessary to adopt a separate federal law regulating the unified legal, organizational and economic foundations of health insurance for state civil servants of the Russian Federation and their families. p> Keywords: official right, public service, public civil service, legal guarantees, administrative and legal status.
References
1. Averyanova M. I., Gusev A. Yu. Social security of state civil servants in the form of insurance // Administrative and municipal law. 2020. No. 4. P. 25-31.
2. Aibatulina A. K. On the status of a family member of a civil servant in resolving the issue of a one-time social payment for the acquisition or construction of housing by civil servants and members of their families // Modern Law. 2018. No. 7-8. pp. 45-52.
3. Zelentsov A. B. Borders and structure of the subject of administrative law in modern Russia: debatable issues // Administrative law and process. 2020. No. 9. P. 19-254; Starilov Yu. N. Requirements of the rule of law – an appropriate basis for the formation of the paradigm of Russian administrative law // Administrative law and process. 2021. No. 2. P. 42-45.
4. Nikiforova N. N. Legislative novelties on pensions for state civil servants: a critical analysis of a number of provisions // Social and pension law. 2018. No. 1. P. 38-46.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MURATOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
INDIVIDUAL ELEMENTS OF THE ADMINISTRATIVE JUSTICE SYSTEM ON THE EXAMPLE OF ANGLO-SAXON COUNTRIES
The presented study is a deeper and more complex form, summarizing the results of the work obtained over 5 years of studying the Anglo-Saxon administrative justice. This article focuses on the distinctive and characteristic features of the described institute, as well as the problematic aspects of its individual parts. The author has illustrated the most characteristic examples from judicial practice, as well as studied the current laws and legal doctrines for a more nuanced understanding of the nuances of this legal system.
Keywords: administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration, parliamentary investigations, ombudsman, ultra vires.
References
1. Seneviratne M. Ombudsmen in the Public Sector. (1994). Buckingham: Open University.
2. McKechnie S. The future of ombudsmen. (1995). 5 (6). Consumer Policy Rev. 213.
3. Carboni N. (2014) From quality to access to justice: improving the functioning of European judicial systems // Journal of Civil & Legal Sciences 3. 1-9.
4. Creutzfeldt N. (2016) What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK // International Journal of Law in Context 12. P. 437-452.
5. Sandefur R. L. (2009) Fulcrum point of equal access to justice: legal and nonlegal institutions of remedy // Loyola of Los Angeles Law Review 42. P. 949-978.
6. James R. and Seneviratne M. The Legal Services Ombudsman: form versus function?’ (1995) 58. MLR 187.
7. Wade H. W. R. & Forsyth C. F. Administrative Law. 9th ed. Oxford University Press, 2004.
8. Philips Jackson and Leopold. P. 886.
9. Craig P. P. Ultra vires and the foundations of judicial review. (1998). 57. CLJ 63.
10. Cumper Peter & with Walter Terry. Constitutional & administrative law. Oxford University Press, 2001. P. 291.
11. Richardson G. and Sunkin M. Judicial review: questions of impact [1996]. PL 79.
ADMINISTRATIVE PROCESS
KERAMOVA Saida Nazirovna
senior lecturer in Administrative and financial law sub-faculty of the Dagestan State University
TEMIRBOLATOV Biymagomed Magomedsaidovich
magister student of Administrative, financial and customs law sub-faculty of the Dagestan State University
SOME PROBLEMS OF THE ORGANIZATION OF THE ADMINISTRATIVE PROCESS IN THE RUSSIAN FEDERATION
The article examines a number of problems of the organization of the administrative process in Russia, characterizes its structure, reveals the concept and main features. The relevance of the topic of the article is due to the fact that in Russia the question of choosing a scientifically based model of the administrative process is topical. The administrative process in this article is considered as a key task of regulating administrative legal relations, the basic principles, directions and procedure of administrative proceedings are determined. The result of the study is the conclusions about the need to adopt an administrative procedure code in the Russian Federation, which would reflect the general provisions on the procedure for reviewing and resolving management procedures in all areas of public administration, which will contribute to improving the efficiency of public administration.
Keywords: administrative process, administrative and procedural activity, public administration, administrative offense, administrative procedural law, administrative cases, administrative courts, law, Constitution, state bodies.
References
1. Actual problems of administrative law and process: a textbook for masters / Ed. M. V. Kostennikov, A. V. Kurakin, A. M. Kononov, N. D. Eriashvili. 3rd ed. – M.: UNITY-DANA, 2019.
2. Gaeva E. T. Administrative process: concept, types, principles // NovaUm.Ru. – 2019. – No. 18. – P. 236-240.
3. Kozko Yu. V. To the question of the conceptual and categorical characteristics of the main types of administrative process // Trends in the development of science and education. – 2022. – No. 91-3. – P. 107-110.
4. Musaeva G. M. Some problems of the administrative and procedural process // Legal Bulletin of the Dagestan State University. – 2022. – T. 41. No. 1. – S. 55-59.
5. Popov LL Key problems of the administrative process // Bulletin of the Voronezh State University. Series: Law. – 2016. – No. 4 (27). – S. 171-185.
6. Poryvaev S. A. Proceedings to resolve judicial and out-of-court administrative disputes as components of the administrative process // Siberian Legal Review. – 2021. – T. 18. No. 3. – P. 350-358.
7. Samusevich A. G. Indefinite terms in the administrative process: problems of implementation // Prologue: Journal of Law. – 2022. – No. 2 (34). – S. 40-47.
8. Solovey Yu. P. Modern problems of building the Russian model of the administrative process: a review of the All-Russian scientific and practical conference // Siberian Legal Review. – 2021. – T. 18. No. 2. – S. 110-127.
9. Soloshenko A. V., Nazarenko N. A. The importance of the principles of administrative proceedings in the development of the administrative process in the Russian Federation // Scientific research of the XXI century. – 2021. – No. 6 (14). – S. 225-228.
10. Starilov Yu. N. Administrative process in the works of Professor V. D. Sorokin: “management concept” and its significance for the science of administrative law // Administrative law and process. – 2015. – No. 1. – S. 19-23.
11. Stakhov A. I. Integrative theory of the administrative process – the only true basis for building a model of the administrative process // Siberian Legal Review. – 2021. – T. 18. No. 3. – S. 313-327.
12. Spiridonov P. E. Administrative procedural form and stages as elements of the characteristics of the administrative process // Siberian Legal Review. – 2021. – T. 18. No. 3. – S. 301-312.
ADMINISTRATIVE PROCESS
MARDIEVA Elmira Radmirovna
Ph.D. in philological sciences, associate professor of Legal disciplines sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology
PROBLEMS OF USING ELECTRONIC EVIDENCE IN PROCEDURAL LAW
The author of the article notes the debatability of the issue of the use of electronic evidence in legal doctrine and in practice. Attention is drawn to the fact that at the legislative level it is not clearly defined in what forms the participants in the trial should provide electronic sources of information for attaching to the case materials as evidence. The scope of such evidence requires elaboration in various types of processes. Some solutions are proposed for regulatinginnovations, legally securing the status of electronic evidence and substantiating the possibility of their application in procedural proceedings in the Russian Federation.
Keywords: electronic evidence, assessment of evidence, admissibility and reliability of evidence, digitalization of procedural proceedings, judge, expert.
References
1. Samsonova M. V., Streltsova E. G., Chaikina A. V. et al. Digital technologies in civil and administrative proceedings: practice, analytics, perspectives. – M., 2022. – 332 p. // SPS “ConsultantPlus”. VersionProf. – M., 2023. Electron. text. Dan.
2. Politsan D. A. Digital and electronic evidence – PRO ET CONTRA: problems of terminology // Russian judge. – 2022. – No. 7 // SPS “ConsultantPlus”. VersionProf. – M., 2023. Electron. text. given.
CIVIL LAW
ALSYNBAYEVA Elvira Makhamatovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
GALYAUTDINOVA Liliya Yurjevna
senior lecturer of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
INSTITUTE OF INHERITANCE AGREEMENT IN RUSSIA AS A NOVEL IN THE REALISATION OF INHERITANCE RELATIONS
In the article, the author considers the features of the development of the institution of an inheritance agreement in the domestic legal field. It has been established that the introduction of an inheritance agreement in the Civil Code of the Russian Federation is an ambiguous innovation in the reform of inheritance legislation.
The peculiarities of the legal regulation of the domestic inheritance agreement have been determined, distinguishing it from the foreign model of such an agreement.
It was concluded that the inheritance agreement is still not widespread in domestic inheritance legal relations due to its insufficient elaboration by the legislator.
Keywords: Inheritance, inheritance agreement, terms of the agreement, rights of heirs, rights of heirs.
References
1. Varaksin M. New amendments to the Civil Code: inheritance contract and joint will. 2018. – [Electronic resource]. – Access mode: https://pravo.ru/news/202164/ (date of access: 30.04.2023).
2. Budylin S. L., Petrov E. Yu. Inheritance law: article-by-article commentary on articles 1110–1185, 1224 of the Civil Code of the Russian Federation / Otv. ed. E. Yu. Petrov. – M.: Statut, 2018. – 510 p.
3. Meyer D. I. Russian civil law (in 2 hours). According to the corrected and supplemented 8th ed., 1902. Ed. 3rd, rev. – M.: Statute, 2003. – 831 p.
4. Shershenevich G. F. Textbook of Russian civil law (according to editions of 1912 and 1914 – 1915): in 2 volumes. Volume 1: textbook. – M.: Statute, 2021. – 838 p.
5. Serebrovsky V. I. Selected works on inheritance and insurance law. Ed. 2nd, rev. – M.: Statut, 2003. – S. 48-49.
6. Loginova K. Yu. Inheritance contract – legal mechanisms of application in the current legislation of the Russian Federation // Inheritance law. – 2019. – No. 1. – P. 12-15.
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
THE PROBLEM OF SELLING BIOLOGICAL MATERIAL AND DETERMINING ITS STATUS AS AN OBJECT OF CIVIL LAW RELATIONS
The article deals with the problems related to the issues of human reproductive function and the use of assisted reproductive technologies based on the use of biological material. The concept of ART itself is given, taking into account the norms of civil and family legislation and services for its application, and the classification of biological material used and acquired for the realization of the right of citizens to obtain a result is also considered. The study determines the position of the material used as a commodity and examines its legal characteristics when selling under contracts used in the practice of medical clinics treating infertility.
Keywords: civil legislation, family legislation, biological material, donation, healthcare legislation.
References
1. An epidemic of infertility has begun in the world: does it threaten the Russians. [Electronic resourceWith]. – Access mode: https://www.kp.ru/daily/27490.5/4749162/. (date of access: 05/04/2023).
2. Ananyeva E. O., Abovyan E. P. Maternal capital: problems of legislative regulation and registration // Bulletin of the penal system. – 2021. – No. 3 (226). – P. 58-64.
3. Kagirova S. D. Human biomaterial as an object of civil rights // Studies of young scientists: materials of the XXX Intern. scientific conf. (Kazan, January 2022). – Kazan: Young scientist, 2022. – S. 29-33.
4. Vasiliev G. S. Human biomaterial as an object of law. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/chelovecheskiy-biomaterial-kak-obekt-prava?ysclid=libf0q4f53401180853 (Accessed: 05/04/2023).
5. How much does it cost to donate sperm – the price of the issue. – [Electronic resource]. – Access mode: https://vse-dengy.ru/donor-spermyi.html (date of access: 05/04/2023).
6. Ananyeva E. O., Ivliev P. V. Problematic issues of the development of commercial health care in conditions of restrictions and social risks // Man: crime and punishment. – 2022. – T. 30. – No. 2. – S. 171-182.
CIVIL LAW
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Training of State and Municipal Employees of the Academy of the FPS of Russia
PROBLEMS OF PROTECTION OF RIGHTS TO TRADEMARKS AND SERVICE MARKS: DOMESTIC AND FOREIGN EXPERIENCE
Questions concerning the problematic aspects of the protection of exclusive rights to means of individualization are traditionally relevant and debatable for the Russian legal reality. Any illegal use of the objects in question causes significant harm to their copyright holder. The article discusses the modern practice of protecting the rights to a trademark and service mark from the standpoint of Russian and foreign legal order, the importance of ensuring effective protection of a trademark and service mark in the context of the development of the modern market for goods and services is updated. The main problems and shortcomings in the current civil legislation in the field of protection of the above means of individualization are analyzed and proposals are made to solve them.
Keywords: trademark, service mark, copyright holder, violations, protection of rights, problems.
Reference list
1. Ainullin R. R. Cross-border agreement on the alienation of the exclusive right of the author // Young scientist. – 2020. – No. 25 (315). – P. 224-227.
2. Bogdanova O. V. Protection of intellectual copyrights by civil law methods: Monograph. – M., 2017. – 212 p.
3. Decision of the SIP of the Russian Federation dated May 24, 2018 in case No. A40-208600/2016; Resolution of the SIP of the Russian Federation dated April 24, 2018 in case No. А75-9720/2017// Consultant Plus SPS (date of access: May 13, 2023).
List of bibliographic references
1. Ainullin R. R. Cross-border agreement on the alienation of the exclusive right of the author // Young scientist. – 2020. – No. 25 (315). – P. 224-227.
2. Bogdanova O.V. Protection of intellectual copyrights by civil law methods: Monograph. – M., 2017. – 212 p.
3. Decision of the SIP of the Russian Federation dated May 24, 2018 in case No. A40-208600/2016; Resolution of the SIP of the Russian Federation dated April 24, 2018 in case No. A75-9720 / 2017 // Consultant Plus SPS (date of access: May 13, 2023).
CIVIL LAW
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
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
PROSPECTS FOR THE USE OF THE CORPORATE PENSION SYSTEM IN MODERN RUSSIA
This article discusses the objective need to reform the domestic pension system. It is the corporate tools for improving the Russian pension system that are being analyzed. The objective advantages of the corporate pension system, as well as the obstacles to its large-scale application in Russian reality, are touched upon. The main features of the corporate pension system and its scheme are also analyzed. The experience of foreign countries is analyzed from the point of view of its borrowing in the Russian Federation.
Keywords: financial institutions, corporate pension system, employee, employer, wages, investments, non-state pension fund, retirement age, financial stability, contributors.
References
1. Shunina O. A., Nechaeva V. L., Makarov D. N. Corporate pension provision: problems of implementation and benefits for organizations // Pension Fund: experience, traditions, innovations, article in conference proceedings. 2015. P. 117-120.
2. Koinova S. V. Prospects for the development of the pension system of the Russian Federation until 2030 // Priority directions for the development of education and science, an article in the conference proceedings. 2017. P. 346-348.
CIVIL LAW
KIRILOVA Nadezhda Andreevna
Ph.D. in Law, associate professor, Head of Administrative, financial and corporate law sub-faculty of the Novosibirsk State University of Economics and Management
OPPORTUNITIES AND RISKS OF USE OF DIGITAL TECHNOLOGIES IN CONTRACT WORK
The article discusses the possibilities of using digital technologies in the contractual work of entrepreneurs, the stages of the development of contractual relations and the specifics of the tasks facing the law at each stage of the development of contractual relations. On the example of the materials of judicial practice, the difficulties and risks of using digital technologies for the execution of contractual obligations are considered, as well as possible ways of minimizing them are revealed.
Keywords: contract, conclusion and execution of the contract, smart contract; remote conclusion of the contract, judicial protection.
References
1. Zainutdinova E. V. Smart contract in civil law: Diss. …cand. legal Sciences. Novosibirsk, 2022. 238 p.
2. Savelyev A. I. Contract law 2.0: “smart” contracts as the beginning of the end of classical contract law // Bulletin of civil law. 2016. No. 3. P. 32-60.
3. Rozhkova M. A. Digital rights: public law concept and concept in Russian civil law // Economy and law. 2020. No. 10. P. 3-13.
4. Filippova S. Yu. The use of information technology in the conclusion of trade agreements and the fulfillment of obligations from them // Digital Law Journal. 2022. No. 3. Volume 3. [Electronic resource]. – Access mode: https://www.digitallawjournal.org/jour/article/view/117?locale=ru_RU
5. Karapetov A. V. Economic analysis of law. M.: Statut, 2016. 528 p.
6. Kamalyan V. M. Technological and legal aspects of a smart contract // Bulletin of the University named after O. E. Kutafin. 2020. No. 4. P. 150.
7. Kharebov O. F. Legal regulation of smart contracts // Power of Law. 2019. No. 3 (39). pp. 248-249.
8. Richard Austen-Baker, Qi Zhou. Understanding Contract Law. Routledge: London and New York, 2023. P. 157.
CIVIL LAW
KOMAREVСEVA Irina Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University
STEPANISCHEVA Anastasia Romanovna
student of the Institute of Law of the North Caucasus Federal University
GROUNDS FOR INHERITANCE IN RUSSIAN AND FOREIGN LAW: TRENDS IN LEGAL REGULATION
The article deals with the formation and development trends of the legal regulation of the grounds of inheritance in Russia and foreign countries. It is emphasized that historically the first was inheritance by law. The authors come to the conclusion that at various historical stages in the development of Russian inheritance law, the legislative approach assumed the separation of inheritance by will and inheritance by law, which was also characteristic of Roman law. As a result, the thesis is substantiated that the introduction of the structure of the inheritance contract into the domestic legal order goes beyond the framework of the Russian legal tradition.
Keywords: inheritance law, grounds for inheritance, Roman law, inheritance contract.
References
1. Abramenkov M.S. Inheritance by law and by will in Roman private law // Inheritance law. – 2014. – No. 3. – P. 7-12.
2. Vinaver M. M. Donation and testament (a page from the history of codification) // Bulletin of Civil Law. – 2014. – No. 5. – P. 174-195.
3. Gushchin V. V., Dobrovinskaya A. V. Legal structure of the hereditary contract in Russia: pluses and minuses // Inheritance law. – 2016. – № 4. – P. 9-12.
4. Efremov V. A. To the question of the formation of the institution of hereditary legal relations in the monuments of Russian law (historical and legal analysis). Pre-revolutionary period // History of state and law. – 2011. – № 15. – S. 19-22.
5. Kantorovich Ya. main ideas of civil law. – M.: Book on demand, 2015.
6. Loginova K. Yu. Inheritance contract – legal mechanisms of application in the current legislation of the Russian Federation // Inheritance law. – 2019. – No. 1. – P. 12-15.
7. Mitkevich A. On the form of wills. Historical and legal essay. Tiflis. b/d
8. Mukhin D. O. To the question of the discretion of the parties to the contract in determining the consequences of the onset of the death of an individual // Leningrad Legal Journal. – 2016. – No. 3. – P. 69-79.
9. Pokrovsky I. A. Main problems of civil law. M.: Statut, 1998.
10. Sanfilippo Ch. The course of Roman private law: a textbook. M., 2007.
11. Sidorova V. N., Bein A. K. Inheritance contract: legal and factual problems // Notary. – 2015. – № 4. – S. 28-30.
12. Slobodyan S. A. Inheritance law of Kievan Rus // Inheritance law. – 2009. – No. 4. – S. 3-7.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Training of State and Municipal Employees of the Academy of the FPS of Russia
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
MECHANISM FOR THE USE OF TRADEMARKS, SERVICE MARKS
The possession of the right to a trademark and service mark is associated with the possibility of their use in the framework of the entrepreneurial activity of the right holder. The mechanism for the use of trademarks and service marks implies a complex of multidirectional actions provided for by law, in the process of which the right holder derives various benefits of a tangible and intangible nature. The article discusses the modern practice of using trademarks and service marks, explores the relationship between the use of the considered means of individualization with the possibility of making a profit, studies the ways of using trademarks and service marks in the context of their alienation and disposal , analyzes the features inherent in each of the possible ways of using.
Keywords: trademark, service mark, copyright holder, use, disposal, alienation.
Reference list
1. Danilov D. B. On the question of how to protect the interests of trademark holders // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (50). – S. 96-99.
2. Kuzmin K.A. Features of the alienation of the exclusive right to a trademark // International Journal of the Humanities and Natural Sciences. – 2022. – No. 5-3. – S. 84-87.
3. Lavrinovich L.D. The procedure for granting legal protection to trademarks in foreign countries. Features of the opposition procedure // Education and law. – 2019. – No. 12. – P. 235-240.
List of bibliographic references
1.Danilov D.B. To the question of ways to protect the interests of trademark holders // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – no. 2 (50). – P. 96-99.
2. Kuzmin K.A. Features of the alienation of the exclusive right to a trademark // International Journal of the Humanities and Natural Sciences. – 2022. – No. 5-3. – P. 84-87.
3. Lavrinovich L.D. The procedure for granting legal protection to trademarks in foreign countries. Features of the opposition procedure // Education and law. – 2019. – No. 12. – P. 235-240.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd course of bachelor 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 course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ADVERTISING AND LAW: INTERRELATION AND LEGAL ASPECTS OF ADVERTISING ACTIVITY
In the article, the authors define the close relationship between advertising and the law, since the legislation defines the rules and restrictions of advertising activities that advertisers must comply with. Violation of the law can lead to negative consequences, including liability to consumers and the state. Therefore, it is important for advertisers, marketers and other advertising professionals to take into account the legal aspects of advertising activities in order to avoid undesirable consequences.
Keywords: advertising, legislation, advertising, rules, consumer.
References
1. Dyakova M. V. Manipulative characterer impact of advertising and consumer protection mechanisms // Bulletin of the Kostroma State University. – 2008. – № 4.
2. Karyagina A.V. Advertising activity in Russian statehood: historical and legal aspects // Yurist-Pravoved. – 2009.
3. Zhideleva O. S., Belyaev N. A. Marketing of legal services // Problems of science. – 2018. – No. 1 (25).
4. Kobersy I. S, Karyagina A. V, Karyagina O. V. [and others] Law as a Social Regulator of Advertisement and Advertising Activity in the Modern Russian Information Space // Mediterranean Journal of Social Sciences. – 2015. – No. 6 (3).
CIVIL LAW
NAZAROVA Nadezhda Alexandrovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the N. I. Lobachevsky National Research Nizhniy Novgorod State University
EVTEEVA Ksenya Alexandrovna
student of the Faculty of Law of the N. I. Lobachevsky National Research Nizhniy Novgorod State University
SEKHINA Alyona Alexandrovna
student of the Faculty of Law of the N. I. Lobachevsky National Research Nizhniy Novgorod State University
TIME OF MEDICAL SERVICE PROVISION
The authors of the scientific article touch upon the topic of the value of health in the modern world. Often the right of a working person to medical care and health protection is violated. The Labor Code of the Russian Federation does not provide for the time at which they can visit medical organizations without harm to their financial situation and work process. Of course, employees have the opportunity to visit medical institutions under a paid service agreement, but such an opportunity infringes on the financial condition of working citizens. To eliminate this problem, the authors propose to make certain changes to the Labor Code of the Russian Federation.
Keywords: medical service, the right to health care, the time of provision of medical care, chronic diseases, contract for the provision of services.
References
1. Back pain. [Electronic resource]. – Access mode: https://www.sechenov.ru/univers/structure/institute/institut-klinicheskoy-meditsiny/kafedry-klinicheskoy-mediciny-im-Sklificovskoro/nerv/Boli_v_spine/
2. State budgetary healthcare institution of the Nizhny Novgorod region “City polyclinic No. 35 of the Soviet district of Nizhny Novgorod”. [Electronic resource]. – Access mode: https://gp35.mznn.ru/
3. “Civil Code of the Russian Federation (Part Two)” No. 14-FZ dated January 26, 1996 (as amended on July 1, 2021, as amended on July 8, 2021) (as amended and supplemented, effective from January 1 .2022) // SPS ConsultantPlus.
4. Diagnosis of HIV infection. [Electronic resource]. – Access mode: https://aids43.ru/diagnostika-i-lechenie-vich/
5. “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) // ATP ConsultantPlus;
6. Network of medical clinics “Tonus”. [Electronic resource]. – Access mode: https://www.tonus.nnov.ru/?ysclid=lh0om0tf2267090102.
7. “Labor Code of the Russian Federation” No. 197-FZ dated December 30, 2001 (as amended on December 19, 2022, as amended on April 11, 2023) (as amended and supplemented, effective from March 1, 2023) / / SPS ConsultantPlus.
8. Federal Law No. 323-FZ of November 21, 2011 (as amended on December 28, 2022) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (as amended and supplemented, effective from March 1, 2023) // ATP ConsultantPlus.
9. Chronic venous insufficiency. [Electronic resource]. – Access mode: https://sechenovclinic.ru/treatments/detail.php?SECTION_ID=&ELEMENT_ID=2574.
CIVIL LAW
MIGACHEVA Anna Yurjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Kuban State University
SOKOLOV Maxim Valerjevich
postgraduate student of Civil law sub-faculty of the Kuban State University
INSTITUTE OF GIFT CANCELLATION IN CIVIL LAW: PROBLEM STATEMENT
The article is devoted to the poorly studied institution of gift cancellation. It is shown that despite its ancient history and traditional consolidation in domestic and foreign legislation, in judicial practice, the requirements for the cancellation of the donation are not often satisfied. The authors substantiate that the complexity of the application of the rules on the cancellation of donation is associated with a lack of understanding of the conceptual idea of the cancellation of donation, which lies in the interaction of law and morality, as well as the nature of gratuitous transactions in civil law.
Keywords: gratuitous transactions, donation agreement, cancellation of donation, non-property interest.
References
1. Novitsky I. B. Roman law: a textbook for universities. – M .: Yurait Publishing House, 2023. – 298 p.
2. Shershenevich G. F. Textbook of Russian civil law: (according to editions of 1912 and 1914-1915): in 2 vols. T. 2. – M .: Statut, 2021.
3. German Civil Code of 08/18/1896 // Civil Code of Germany: Introductory Law to the Civil Code. – M.: Infotropic Media, 2015.
4. Civil Code of Spain [Text]: annotated translation / trans. in Russian lang., rev. and comments: D. V. Shornikov. – Irkutsk: ISU Publishing House, 2015.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, Leningrad regional lawyer association, Law firm “Pelevin and partners”
LEGAL HISTORY IN DISPUTES ARISING FROM CONTRACTS FOR THE REIMBURSABLE PROVISION OF MEDICAL SERVICES UNDER THE “PLASTIC SURGERY” PROFILE
The article is dedicated to the current problem of regulating the activities of organizations providing medical services and consumers (patients) of medical services. The subject area of the study is formulated by the author quite narrowly and affects those issues that relate to the factors and approaches to establishing the statute of limitations for disputes arising from contracts for the reimbursable provision of medical services. An abstract review of sources indicates that current authors do not pay sufficient attention to this aspect. This is due to the fact that Russian legislation does not provide a clear definition. The very sphere of plastic surgery, its specifics and features, do not make it possible to unequivocally formulate and describe the legal mechanism for resolving the problem. In this regard, the author operates not only with scientific and theoretical approaches within the framework of legal science, but also with the assessments of the expert medical community. The theoretical results of the study can be further used to develop this subject area.
Keywords: plastic surgery, patients, medical services, legal history, contracts of reimbursable provision of services, consumer rights
References
1. Buromsky I. V., Ermakova Yu. V., Sidorenko E. S. Legal regulation of the professional activity of a doctor in the specialty “plastic surgery” // Medical business. 2022. No. 1. P. 96-100.
2. Vilgonenko I. M., Gagieva N. R., Belokopytova N. Yu. Features of compensation for harm caused by improper provision of medical services // Bulletin of the Volga University named after V. N. Tatishchev. 2018. No. 4. Vol. 2. P. 119-126.
3. Gallyautdinova G. I., Masalimova A. A. Problems of legal regulation of the provision of medical services in the Russian Federation // International Journal of the Humanities and Natural Sciences. 2023. No. 1-1 (76). pp. 124-128.
4. Zimin D. A., Menshikova L. I., Klyukinov V. E. Problematic issues of organizing the provision of medical care in the specialty “plastic surgery” in the context of changed legal regulation // Scientific and practical peer-reviewed journal “Modern problems of healthcare and medical statistics “. 2021. No. 1. P. 518-534.
5. Makarevich M. L., Dumkina A. A., Khimicheva A. I. Separate problems of protecting the rights of consumers in the provision of medical services // Innovative economy: prospects for development and improvement. 2017. No. 6 (24). pp. 62-66.
6. Matytsin D. E., Plaksunova T. A. The content of the contract for the provision of paid medical services: theoretical and applied analysis // Legal Concept = Legal paradigm. – 2020. V. 19. No. 4. S. 89-99. – DOI: https://doi.org/10.15688/lc.jvolsu.2020.4.12
7. Mograbyan A. S. Actual problems in the provision of cosmetology services: private law aspect // Lex Russia. 2018. No. 10. P. 58-69.
8. Plotnikova A. V. The concept and legal characteristics of the contract for the provision of medical services for compensation // Scientific and methodological electronic journal “Concept”. – 2019. – No. 1 (January). – 0.3 p. l. – [Electronic resource]. – Access mode: http://e-koncept.ru/2019/193005.htm
9. Kharlamov A. V., Sibgatullin A. E. Institutional changes that provide an innovative direction in the development of the economic system. Bulletin of the St. Petersburg State University of Economics. 2021. No. 4 (130). pp. 21-26.
10. Shevchuk E.P. The procedure for fulfilling the obligation to compensate for harm to the health of a citizen caused by the provision of medical services // Siberian Legal Bulletin. 2019. No. 1 (84). pp. 53-57
CIVIL LAW
USOVA Ekaterina Vladimirovna
Ph.D. in political science, associate professor of International law sub-faculty of the V. N. Tatishchev Astrakhan State University
IVANOVA Ludmila Alexandrovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Astrakhan State Technical University
LEGAL PROTECTION OF INDIVIDUAL BRAND COMPONENTS
The article considers the legal foundations of civil legislation on the protection of intellectual property objects. It is established that the concept of “brand”, actively used in modern reality, is not a legal term and has not received legislative consolidation. It is noted that the brand as a complex phenomenon contains some elements protected by modern civil law. The article examines the materials of judicial practice on the protection of trademarks, the name of the place of origin of goods as elements of the brand and regional brand, respectively. The impossibility of legal regulation of the concept of “brand”, which carries an emotional perception, has been established.
Keywords: exclusive right, brand, individualization, trademark, logo, regional brand, name of the place of origin of the goods.
References
1. Dichtl E., Hershgen H. Practical marketing: textbook. allowance / Per. with him. A. M. Makarova / Under. ed. I. S. Minko. – M.: Higher School, 1995.
2. Karpova S. V., Zakharenko I. K. Branding: a textbook and workshop for an applied bachelor’s degree. – M .: Yurait Publishing House, 2021. – 439 p.
3. Klinova A. V. Logotype and its main functions // Central Scientific Bulletin. – 2019. – T. 4. – No. 6 (71). – P.21-22.
4. Osipova E. A. Integration of advertising, public relations and design in modern brand communications // Advertising, PR and design in brand communications: a collection of scientific papers of the International Scientific and Practical Conference. May 16-17, 2022. – M .: FGBOU VO “PREU named after. G. V. Plekhanov”, 2022. – P. 6-10.
5. Serova O. A. Regional brands in the economic development of Russian regions // Branding as a communication technology of the XXXI century: materials of the IX International Scientific and Practical Conference. Saint Petersburg. February 27 – March 2, 2023 / Ed. prof. A. D. Krivonosov. – St. Petersburg: Publishing House of St. Petersburg State University of Economics, 2023. – P. 49-51.
6. Usova E. V. Means of civil law individualization of participants in civil legal relations // Crimean Academic Bulletin. – 2018. – No. 6. – P. 156-160.
CIVIL LAW
PROVATKINA Valeriya Evgenjevna
student of the Far Eastern Federal University
VOLOSHINA Tatyana Vladimirovna
student of the Far Eastern Federal University
SHENER Ella Artemovna
student of the Far Eastern Federal University
LEGAL STATUS OF A PERSON EMPLOYED ON AN ONLINE PLATFORM
The development of the digital economy is associated with the emergence of new atypical forms of employment, in particular platform employment. Platform employment has not yet been regulated by law, however, a number of policy documents note the importance and necessity of stimulating Russian organizations in order to ensure the employment of citizens in the digital economy. The article examines the European experience of regulating the legal status of a person employed on an online platform, and also gives a description of this issue in Russia that currently exists.
Keywords: online platform, client, service, employed, employer, legal relations.
References
1. Improving working conditions in platform work. – [Electronic resource]. – Access mode: https://ec.europa.eu/social/BlobServlet?docId=24991&langId=en (Accessed 1.05.2023).
2. Cour de cassation, civile, Chambre sociale, 4 mars 2020, 19-13.316, Publié au bulletin. – [Electronic resource]. – Access mode: https://www.legifrance.gouv.fr/juri/id/JURITEXT000042025162?isSuggest=true (accessed 30/04/2023).
3. Corte di cassazione. Sentenza n. 1663 del 24-1-2020. – [Electronic resource]. – Mode of access: https://www.lavorodirittieuropa.it/sentenze/sentenze-lavori-atipici/414-corte-di-cassazionesentenza-1663-del-24-1-2020 (accessed 30.04.2022).
4. Proposal for Directive of the European Parliament and of the Council on improving working conditions in platform work. Brussels, 9.12.2021. – [Electronic resource]. – Mode of access: https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/041 4 (OLP) (accessed 30/04/2022).
5. Appeal decision of the IC in civil cases of the Moscow City Court dated November 22, 2019 in case No. 33-53437/2019 // SPS Garant; Determination of the IC in civil cases of the Second Cassation Court of General Jurisdiction dated July 23, 2020 in case No. 8G-10740 // SPS Garant.
6. Lushnikova M. V., Lushnikov A. M. Essays on the theory of labor law. – St. Petersburg: Jurid. Center “Press”, 2006. – 940 p.
CIVIL LAW
HAYTHAM N. M Shakarna
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
CURRENT ASPECTS OF THE RESPONSIBILITY OF THE MEMBERS OF THE MANAGEMENT BOARD TO THE JOINT-STOCK COMPANY UNDER THE CORPORATE LEGISLATION OF GERMANY
The paper analyzes the publications of German jurists, the provisions of the current corporate legislation of Germany. This made it possible to identify the types of responsibilities of members of the management board to a German joint-stock company of constituent, general, internal, positive, public and special content.
Keywords: members of the Management Board, joint stock company, corporate legislation of Germany, types of responsibilities of members of the management board.
References
1. Khaisam N. M. Sh. Modern legal mechanism of responsibility of members of the board to the company and shareholders in Germany // Eurasian legal journal. 2022. No. 3 (166). pp. 58-61.
2 Binnewies, Burkhard & Schüller, Anja. (2019). Vorstandshaftung und Einwendungsausschluss. Die Aktiengesellschaft. No. 3. 2019. S. 74-76.
3. Breitenfeld, Eva. Diecha organsftliche Binnenhaftung der Vorstandsmitglieder für gesetzwidriges Verhalten. Berlin: Duncker & Humblot, 2016. 226 s.
4. De La Cruz, A., A. Medina and Y. Tang (2019), “Owners of the World’s Listed Companies”, OECD Capital Market Series, Paris. R. 5-16.
5. Degner Elisa Vorstandsinnenhaftung nach Kartellrechtsverstößen. Baden-Baden. 302 s.
6. Florian Alexander Dendl. Die Disposition über Organhaftungsansprüche in der Aktiengesellschaft und im Aktienkonzern. 2018. Baden-Baden. 384 s.
7. Genc, Ufuk Erdal. Die Wahrung von Gesellschaftsinteressen im Rahmen von aktienrechtlichen Sonderprüfungen nach §§ 142 ff. AktG. 2020. Hamburg, 2020. 268 s.
8. Johannes Hieronymi,. Die Haftung des aktienrechtlichen Vorstands bei Einholung externer Beratung. Koln: Carl Heymanns Verlag, 2017. 249 s.
9. Nussbaum Anton. Geschäftsleiterbinnenhaftung in Großvereinen. 2021. Baden-Baden. 363 s.
10. Nussbaum Anton. (2021). § 6 Haftung von Geschäftsleitern als Vereinsvorstände im Sinne des § 26 BGB. 10.5771/9783748924029-80.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, Leningrad regional lawyer association, Law firm “Pelevin and partners”
THE FORENSIC-MEDICAL EXAMINATION IN THE OUT-OF-COURT ORDER APPOINTED BY THE NOTARY UNDER CIVIC TRANSACTIONS BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
The forensic-medical examination plays an important role in cases of conflict situations and court proceedings. If the appointment of a forensic-medical examination in an out-of-court order by a notary allows to prepare a high-quality expert opinion, this will reduce the time of proceedings on civil transactions between a patient and a plastic surgery clinic. In the article one undermines the importance of the further development of the institution of expertise appointed by the decree of a notary to provide evidences which are of great importance in civil proceedings.
Keywords: forensic medical examination, plastic surgery, notary, patient, medicine, out-of-court procedure, civil law, clinic, medical organization
References
1. Barbashin M. Yu. Theory of Institutional Decay: Conceptual Potential and Methodological Framework // Journal of Institutional Research. – 2016. – V. 8. – No. 1. – S. 36-54.
2. Begichev A. V. Appointment of an examination by a notary in order to provide evidence // Modern law. – 2011. – № 8.
3. Kalinichenko T. G. Appointment of expertise by a notary in the production of evidence // Notary. -2008. -№4.
4. Moskalkova I. V., Moskalkova T. N. Provision of evidence and provision of evidentiary information by a notary // Notarial Bulletin. – 2013. – № 8.
5. Petrova N. N., Kalakutsky N. V., Palatina O. M. Clinical and psychosocial characteristics of plastic surgery patients // Russian Medical Journal. – 2017. – № 3.
6. Poltavskaya N. A. Evidence from a notary // Home lawyer. – 2008. – № 20.
CIVIL LAW
BOROVSKIY Ivan Borisovich
postgraduate student of the Faculty of Law of the Moscow Financial and Industrial University “Synergy”
ON THE ISSUE OF LEGAL MECHANISMS FOR THE SALE OF NON-CORE ASSETS UNDER SANCTIONS
The article discusses the types and legal mechanisms for the sale of non-core assets of companies. The author reflects a number of problems related to the sale of non-core assets and put forward a number of proposals to improve this issue. Also, the author touched upon the issue of the sale of assets of foreign companies leaving the Russian market.
Keywords: non-core assets, sale of non-core assets, auctions, exit of foreign companies from the market.
References
1. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5757366.
2. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71345134/
3. [Electronic resource]. – Access mode: https://arb.ru/b2b/duty/s_chem_svyazany_osnovnye_trudnosti_pri_realizatsii_neprofilnykh_aktivov-9708551/?PAGEN_1=44&ysclid=lhugvkvqho165722200.
4. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71345134/
5. Decree of March 6, 2022 No. 295, order of March 6, 2022 No. 431-r. – [Electronic resource]. – Access mode: https://www.gd.ru/articles/9645-neprofilnye-aktivy.
CIVIL LAW
BUCHNEV Vladimir Olegovich
competitor of S. N. Lebedev International private and civil law sub-faculty of the Moscow State Institute of International Relations (University) of the MFA of Russia
TYPES OF EMPLOYMENT AGREEMENTS UNDER THE LAW OF THE RUSSIAN FEDERATION AND FRANCE
The employment contract is the main instrument that regulates the rights and obligations of employees and their employers in the framework of employment contracts. This article examines the classification of employment contracts under Russian and French law, analyzing all types or classifications of employment contracts under the law of these states. The unique types of employment contracts under the law of the French Republic are shown, namely the “temporary” employment contract (contrat de travail temporaire), the apprenticeship contract (contrat d’apprentissage) and three contracts aimed at combating unemployment contrat d’accompagnement dans l’emploi, contrat initiative emploi and contrat unique d’insertion.
Keywords: employment contract, temporary employment contract, fixed-term employment contract, permanent employment contract, labor code.
References
1. François Gaudu, Florence Bergeron, Droit du travail, DALLOZ. – Paris., 2022.
2. Gilles Auzero, Dirk Baugard, Emmanuel Dockès “Droit du travail”. – Paris: Dalloz, 2021.
3. Lexique des termes juridiques 2016-2017. – Paris: Dalloz, 2016.
4. Roy Véronique, Droit social 2018/2019 L’essentiel en fiches., Dunod., Malakoff., 2018.
5. Labor law of Russia / Ed. A. M. Kurennoy. – M.: Prospekt, 2022.
6. Labor law of the Russian Federation / Ed. A. I. Ivanchak. – Moscow: MGIMO-University, 2019.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ELECTRONIC PARLIAMENT: A NEW GENERATION OF CITIZEN PARTICIPATION
The article deals with the topic of electronic parliament as a new generation of forms of citizen participation in the political life of the state. The author substantiates the need to create an electronic management model and improve mass democracy using information technology. The article also emphasizes that the electronic parliament not only increases the level of citizens’ participation in politics, but also provides opportunities for public discussion of political processes and improvement of the democratic system. However, the author also points out some difficulties in implementing an electronic parliament, such as ensuring the confidentiality and security of personal data, as well as the need to consider the possible threat to freedom and democracy.
Keywords: electronic parliament, citizens, development, democracy, public service, problems, increase trust.
References
1. Isaev N. N. GAS “Lawmaking” as the basis of the “electronic parliament” – the state and development prospects // collection of articles of the international scientific and practical conference. Ser. “Electronic Legislation” Volume Issue 1. Publishing house: Presidential Library named after B. N. Yeltsin, 2011. – P. 59-65.
2. Solovyov A. I. Political discourse of mediacracies: problems of the information age // Polis. – 2004. – № 2. – S. 124-132
3. Shadrin VV Crowdsourcing and democracy in the Russian Federation // Young scientist. – 2015. – No. 22 (102). – S. 639-641.
CIVIL LAW
TARASOV Stepan Yurjevich
postgraduate student of the 1st course of the P. A. Stolypin International Institute of Informatization and Public Administration
FEATURES OF CRYPTOCURRENCY INHERITANCE IN THE RUSSIAN FEDERATION
The article follows the practical aspects of the cryptocurrency inheritance process in the Russian Federation. The author analyzes in detail the legal status of the cryptocurrency, determines its positioning as an object of civil rights in Russian and foreign law. The publication highlights the features of law enforcement practice and problematic aspects inherent in the practical implementation of the inheritance of the digital asset in question. In addition, the author identifies possible ways to solve actual problematic issues in the process of cryptocurrency inheritance.
Keywords: inheritance, digital assets, civil law, digitalization, legal regulation, cryptocurrency.
References
1. Civil Code of the Russian Federation (Part Three): No. 146-FZ dated November 26, 2001 (as amended on April 14, 2023) // Collection of Legislation of the Russian Federation. – 03.12.2001. – No. 49. – Art. 4552.
2. Federal Law No. 259-FZ of July 31, 2020 (as amended on July 14, 2022) “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation” (as amended and supplemented, entered into force from 11.01.2023) // Collected Legislation of the Russian Federation. – 08/03/2020. – No. 31 (part I). – Art. 5018.
3. Vronskaya M. V., Semkina T. A. Inheritance of digital financial assets: current problems and development prospects // Legal Research. – 2022. – No. 11. DOI: 10.25136/2409-7136.2022.11.39102 EDN: VHZOPC. – [Electronic resource]. – Access mode: https://nbpublish.com’Hbrary_read_article.php?id=39102.
4. Zakharkina A. V. Fundamentals of the civil theory of digital financial assets // Bulletin of the Perm University. Legal Sciences. – 2022. – No. 57. – C. 504-526. DOI: 10.17072/1995-4190-2022-57-504-526.
5. Zybin A. V. Inheritance of digital assets: problems and solutions. Collection of materials of the VI International Scientific and Practical Conference. – M .: Publishing house: LLC “Institute for the Development of Education and Consulting, 2021. – P. 395-398.
6. Kirillova E. A. The role of a notary in the inheritance of digital currency in the Russian Federation // Notary. – 2021. – No. 7. – P. 27-29.
7. Cryptocurrencies: regulation in European countries. – [Electronic resource]. – Mode of access: https://internationalwealth.info/cryptocurrency/cryptocurrencies-regulation-in-eu-countries/ (Accessed 02.06.2023).
8. Cryptocurrencies: Trends, risks, measures (report prepared by the Bank of Russia). – [Electronic resource]. – Access mode: https://www.cbr.ru/Content/Document/File/132241/Consultation_Paper_20012022.pdf (date of access: 05/30/2023).
9. Mamaeva A. A., Minnullina K. A., Tatarinova E. P. Succession of digital currency: protection of interests of heirs // Inheritance Law. – 2021. – No. 4. – P. 24-26.
10. Mograbyan A. S. Digital rights as objects of civil rights in Russia // Actual problems of Russian law. – 2022. – No. 17 (10). – S. 141-147.
11. Official portal of the courts of general jurisdiction of the city of Moscow. – [Electronic resource]. – Access mode: https://www.mos-gorsud.ru/mgs/services/cases/appeal-civil/details/26076b90-bcd1-11ec-9f98-55db7c691995?caseNumber=33-14798/2022.
12. Ochirova P. I., Stepanenko A. S. Cryptocurrency inheritance: features and problems // Humanitarian, socio-economic and social sciences. – 2022. – No. 10. – P. 198-199.
13. Resolution of the Ninth Arbitration Court of Appeal dated February 4, 2020 in case No. А40-164942/2019 in Moscow. – [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/FEeAUpDR1666/.
14. Tueshova E. S. To the question of the inheritance of digital currencies // Prologue: Journal of Law. – 2023. – No. 1. – P. 54-61. — DOI: 10.21639/2313-6715.2023.1.6.
15. Shaimardanov T.R., Pogodin A.V. Cryptocurrency as an object of civil rights // Universum: economics and jurisprudence: electron. scientific magazine 2022.12(99). – [Electronic resource]. – Access mode: https://7universum.com/ru/economy/archive/item/14633 (date of access: 06/01/2023).
16. IRS 2014-21, 2014-16 I.R.B. 938. – [Electronic resource]. – Access mode: https://www.irs.gov/pub/irs-drop/n-14-21.pdf.
17. Regulation of Cryptocurrency Around the World: November 2021 Update. – [Electronic resource]. – Access mode: https://tile.loc.gov/storage-services/service/ll/llglrd/2021687419/2021687419.pdf (Accessed 06/2/2023).
CIVIL LAW
KARPETS Svetlana Igorevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern FederalUniversity
LEGAL ASPECTS OF THE USE OF SOCIAL NETWORKS FOR ADVERTISING PURPOSES
The article is dedicated to the consideration of the legal aspects of the use of social networks for advertising purposes. Today, companies are increasingly using social networks as a channel to promote their products and services. However, in order to avoid legal problems and negative consequences for the brand, certain legal aspects must be observed. The article covers topics such as compliance with legislation on the use of advertising on the Internet, the use of logos and trademarks of other companies with permission, protection of personal data of users, compliance with the rules of social networks, notification of users and liability for violation of the rules and legislation on advertising. It is very important for companies to know and understand these legal aspects in order to effectively promote their brand on social networks and prevent negative consequences in time.
Keywords: advertising, social networks, advertising legislation, advertiser, personal data.
References
1. Otochina M.S. Advertising in social networks: trends and development prospects // Bulletin of the Khakass State University. N. F. Katanov. – 2020. – S. 82-86.
2. Orlova V. A. Legal regulation of advertising activities on the Internet // Skif. Issues of student science. – 2021. – No. 4 (56). – P. 227-231.
3. Vranaki A. Social networking site regulation: Facebook, online behavioral advertising, data protection laws and power // Rutgers Computer & technology. – 2017.
CIVIL LAW
BURAYKIN Alexander Vladimirovich
postgraduate student of the Institute of Law of the Samara State Economic University
TRADEMARK IN THE SYSTEM OF MEANS OF INDIVIDUALIZATION
In modern business, one of the primary tasks for entrepreneurs in carrying out their commercial activities is to isolate their product from a variety of homogeneous, similar products from other manufacturers and protect it from the actions of unscrupulous competitors. This problem is largely designed to solve the means of individualization of goods, works or services. One of these means is a trademark. The main purpose of a trademark can be called the difference, the individualization of the goods of some persons from the goods of others. This is important because the range of manufactured goods is constantly expanding and therefore it is difficult to navigate them. Trademarks contribute to the realization of consumer choice, the promotion of goods and services and, as a result, the development of fair competition. Undoubtedly, the commercial value of such means of individualization increases every year.
Keywords: means of individualization, trademark, copyright holder, business reputation.
References
1. Denotkina A. V. Legal protection of trademarks and objects of copyright: a comparative legal analysis: dis. … cand. legal Sciences. – M., 2017. – S. 65-66.
2. Lambin J.-J., Chumpitas R., Shuling I. Market-oriented management. 2nd ed.: Per. from English. / Ed. V. B. Kolchanova. – St. Petersburg, 2014.
3. Melnikov V. M. Trademarks abroad on the eve of the XXI century. – M., 2002. – S. 3.
4. Vorozhevich A. S., Grin O. S., Korneev V. A. et al. Intellectual property law: textbook / Ed. ed. L. A. Novoselova. – M.: Statute, 2018. Vol. 3: Means of individualization. – 432 p.
5. Tabolo M. V. Functions of a trademark // Modern law. – 2018. – No. 5. – S. 138-144.
6. Handelmann J. Guide to TTABB practice. – N.Y., 2013. – P. 8.
CIVIL LAW
GABARAEV David Malkhazovich
magister student of the 2nd course of the K. L. Khetagurov North Ossetian State University, Vladikavkaz
FORCIBLE ALIENATION OF OWNERSHIP OF REAL ESTATE
This article discusses the forced alienation of ownership of real estate in Russian law. The fairness and expediency of such alienation of property rights are touched upon. Indeed, in the modern world, for any person, the possession, use and disposal of real estate is a guarantee of well-being and a stable standard of living, which means that it is necessary to determine the boundaries of what is permitted by law , the forced alienation of real estate from the owner.
Keywords: property right, requisition, confiscation, real estate, public interests, land category.
References
1. “Civil Code of the Russian Federation (part one)” dated November 30, 1994 No. 51-FZ (as amended on April 16, 2022).
2. Federal Law No. 73-FZ of June 25, 2002 (as amended on October 20, 2022) “On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation”.
3. Goloviznin A. V. Grounds and procedure for the redemption of cultural property under Russian civil law // Law and Economics. – 2013. – № 11.
4. Decision of the Arbitration Court of the Tver Region dated August 30, 2022 in case No. А66-6529/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/g6uXh9AMmrY1/
5. Law of the Russian Federation “On the export and import of cultural property” dated April 15, 1993 No. 4804-1.
CIVIL LAW
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofia Dmitrievna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
COMPARATIVE LEGAL ANALYSIS OF THE ENGINEERING CONTRACT IN THE PRISM OF THE CONTRACT
The article studies the concept of engineering, the legal nature of an engineering contract, the issues of regulating the relations of the parties in this contractual structure, their features. A comparative legal analysis of a work contract and an engineering contract, the main features and characteristics are given. It also gives a description of the use of the engineering contract in foreign countries. International documents related to engineering are considered, conclusions are drawn about their role and significance in general regulation. The characteristic of use of the contract of engineering in foreign states is given. We will also consider the results of research by a number of consulting companies to analyze the state of the world economy.
Keywords: contract law, engineering, engineering services, contractor’s agreement.
References
1. Ivanov S. V. Development of cooperation between Russia and China in the mining industry // Problems of the modern economy. Eurasian international scientific and analytical journal. – 2011. – No. 4 (40). – P. 102-105.
2. Ivanova S. V., Sotnikov A. V., Taranovskaya E. V. Trends in the engineering services market // Russian Foreign Economic Bulletin. – 2022. – No. 8. – S. 54-60.
CIVIL LAW
STEPANOVA Tatiana Alexandrovna
postgraduate student of Civil and business law sub-faculty of the Novosibirsk State Institute of Economics and Management (NGEUE)
HEREDITARY SUCCESSION IN RELATION TO DIGITAL RIGHTS
The rapid development of digital technologies, the widespread introduction of artificial intelligence into all spheres of life generates new issues that require proper regulatory study. One of the legislative innovations was the inclusion of digital rights, named as such in the law, among the objects of civil rights. Currently, a legislative framework is being formed to ensure the defense capability of digital rights in our country. However, some issues are already acute for law enforcement today. One of such issues is the issue of inheritance of digital rights, which is not regulated by the legislator. The article considers the possibility of the transition of digital law in the order of inheritance under the current regulatory regulation of digital rights in Russia.
Keywords: inheritance, obligations, digital rights, distributed registry, information system, holders of digital rights, information system operator.
References
1. Khodyreva E. A. The right of inheritance in the civil law of Russia: a monograph. – Moscow: Statute, 2022. – 386 p.
2. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis: monograph. – Moscow: Publishing house “4 Print”, 2020. – 304 p.
3. Yaroshenko T. V. Civil law characteristics of digital assets: topical issues / T. V. Yaroshenko // Notary. – 2022. – № 8. – S. 23-26.
4. Bychkov A. Transactions with crypto assets and their legal protection / A. Bychkov // New accounting. – 2018. – No. 4. – P. 100-127.
5. Yatsenko T. S. Inheritance of digital rights // Inheritance law. – 2019. – No. 2. – P. 11-14.
6. Panarina M. M. Inheritance of an account in social networks and issues of digital inheritance: legal research // Inheritance law. – 2018. – No. 3. – S. 29-30.
CIVIL LAW
KHURTOV Mikhail Sergeevich
postgraduate student of the Institute of Law of the Ufa University of Science and Technology
FEDULIN Yelisey Andreevich
LLC “Intelligent Systems” specialist Chief of the Production support Department
CIVIL LAW PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF OWNERS AND OTHER OWNERS OF NEIGHBORING LAND PLOTS
The article discusses the development trends of ways to protect neighbor legal relations in the Russian Federation. It is shown that in order to improve the ways of protecting neighborly legal relations, the legislator needs to develop a document of a complex nature that defines the rules for the “interaction” of neighborly legal relations and public law norms (their harmonization).< /p> Keywords: neighbor law; restriction of property rights in the interests of neighbors; real right, servitude, property right.
References
1. Emelkina I. A., Kurmaeva Yu. D. Features of civil law protection of the interests of owners and other owners of neighboring land plots // Laws of Russia: experience, analysis, practice. – 2016. – No. 12. – P. 39-49.
2. Sinitsyn S. A. Negative lawsuit in Russian and foreign law // Journal of Russian law. – 2014. – No. 4 (208). – S. 84-101.
3. Sukhanov E. A. About the types of subjective civil rights and the limits of their implementation // Bulletin of Civil Law. – 2019. – No. 4. – P. 12-15.
4. Shubin Yu. P. Decree. op.; His own. Resolution of land disputes arising from the relations of neighbor law // Public authority. 2014. – No. 8. – S. 78-81.
CIVIL PROCESS
BIRYUKOVA Veronika Alexandrovna
student of the Kazan branch of the Russian State University of Justice
KHASANSHINA Flusa Gatovna
Ph.D. in Law, associate professor, associate professor of Civil process sub-faculty of the Kazan branch of the Russian State University of Justice
ON THE ISSUE OF RECOGNIZING THE ONLY HOUSING OF A CITIZEN-DEBTOR AS “LUXURY”
The article is dedicated to the problematic issues of recognizing the only housing of a citizen-debtor as “luxury”. Based on the analysis of regulations and judicial practice, the author substantiates the possibility of removing executive immunity from the debtor’s only housing and including it in the estate bankruptcy, provided that such housing is recognized as luxurious. An attempt was made to determine the criteria for determining the only housing of the debtor as “luxury”.
Keywords: “luxury” housing, the implementation of the only housing, insolvency, executive immunity.
References
1 Part 4 of the Civil Code of the Russian Federation of December 18, 2006 No. 230-FZ (last edition) // Rossiyskaya Gazeta. – No. 289. – December 22, 2006
2 Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)” (last edition) // Rossiyskaya Gazeta. – No. 209-210. – November 2, 2002
3 Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (last edition) // Rossiyskaya Gazeta. – No. 1. – January 12, 2005
4 Ruling of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated October 29, 2020 No. 309-ES20-10004 in case No. A71-16753/2017. – [Electronic resource]. – Access mode: https://www.vsrf.ru/stor_pdf_ec.php?id=1939216 (date of access: 02/13/2023).
5 Ruling of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation No. 305-ES18-26429 of June 3, 2019 in case No. A41-20557/2016. – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/72164642/ (date of access: 02/13/2023).
6 Ruling of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 25, 2018 No. 310-ES17-14013. – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-verkhovnogo-suda-rf-ot-25012018-n-310-es17-14013-po-delu-n-a48-74052015/ (date of access: 13.02. 2023).
7 Decision of the Kazan City Duma of November 1, 2006 No. 4-12 (as amended on August 16, 2022). – [Electronic resource]. – Access mode: https://kzn.ru/content/upravlenie-naruzhnoy-reklamy/document/Regulatory%20acts%20in%20%20external%20information/rules%20beautification%20latest%20version.pdf (date of access: 13.03.2023 ).
CIVIL PROCESS
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil procedural law sub-faculty of the Volga Branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management, branch of the RANEPA under the President of the Russian Federation
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhniy Novgorod State Pedagogical University, associate professor of Economics and law sub-faculty of the Pavlovsk branch of the N. I. Lobachevsky National Research Nizhny Novgorod State University
KARPUKOVA Albina Anatoljevna
senior lecturer of General History, classical disciplines and law sub-faculty of the K. Minin Nizhniy Novgorod State Pedagogical University
GLAZOVA Viktoriya Olegovna
student of the K. Minin Nizhniy Novgorod State Pedagogical University
FEATURES OF THE CONSIDERATION OF CIVIL CASES ON THE TEMPORARY ASSIGNMENT OF ALIMONY TO MINOR CHILDREN UNDER THE LAWS OF 1936-1937 IN THE RSFSR AND THE UNION REPUBLICS
The article deals with the main issues that arise in the civil process in the temporary assignment of alimony to minor children in the USSR according to the laws of 1936-1937. The mechanism for assigning “temporary” alimony, both in the RSFSR and in individual union republics, is considered. The authors also substantiate the necessity of holding a court session in camera under certain conditions. At the end of the study, categorical conclusions were drawn.
Keywords: minor children, marriage, temporary alimony, plaintiff, defendant, lawsuit.
References
1. Code of laws on marriage, family and guardianship of the RSFSR 1926 [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=3552&dst=100010#uQs6HYToFqPqUE6l (accessed May 16, 2023)
2. Decree of the Central Executive Committee of the USSR No. 65, Council of People’s Commissars of the USSR No. 1134 of June 27, 1936 “On the prohibition of abortions, the increase in material assistance to women in childbirth, the establishment of state assistance to multifamilies, the expansion of the network of maternity hospitals, nurseries and kindergartens, the strengthening of criminal penalties for non-payment of alimony, and some changes in divorce laws. [Electronic resource]. – Access mode: https://e-ecolog.ru/docs/9-QSnSKS8cEaCFHgxm_QW (Accessed May 16, 2023)
3. All-Russian Central Executive Committee of the Council of People’s Commissars of the RSFSR Decree of May 10, 1937 “On changing the current legislation of the RSFSR in connection with the Decree of the Central Executive Committee and the Council of People’s Commissars of the USSR of June 27, 1936” On the prohibition of abortions, increasing material assistance to women in childbirth, establishing state assistance to large families, expanding the network of maternity homes, nurseries and kindergartens, increased criminal penalties for non-payment of alimony, and some changes in divorce laws.” [Electronic resource]. – Access mode: https://www.libussr.ru/doc_ussr/ussr_4106.htm (Accessed May 16, 2023).
4. Journal “Soviet Justice”, jurid. Publishing House of the NKJU USSR. 1937. No. 4. 60 p.
CIVIL PROCESS
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
BARABOSHKINA Anastasia Alekseevna
student of the Institute of Law of the Samara State Economic University
THE SPECIFICS OF AN EXPERT OPINION AS EVIDENCE IN A TRIAL
The article discusses the role of an expert opinion in a trial, examines the advantages and disadvantages of an expert opinion as evidence in court. The authors of the scientific article give recommendations on solving problems that arise when prescribing a forensic examination.
Keywords: evidence in the trial, forensic examination, expert, expert opinion.
References
1. Khrustalev VN Theory of forensic examination: a tutorial. – Moscow: KNORUS, 2021. – 242 p.
2. Lazareva D. V. Expert opinion as procedural evidence // Proceedings of the Institute of Control Systems SGEU. – 2019. – No. 1 (19). – P. 66-68.
3. Borzenko D.S. Expert opinion as a source of evidence // International Journal of Humanities and Natural Sciences. – 2020. – Vol. 3-2 (42). – P. 125-127.
4. Rudneva Yu. V. Accessibility of justice in administrative proceedings // Eurasian Union of Scientists. – 2016. – No. 2 (23). – P. 136-138.
5. Agaeva L. K., Kurnosova E. A. Assessment of the economic security of the Samara region // Vector of Science of Togliatti State University. Series: Economics and Management. – 2017. – No. 3. – P. 5-11.
6. Litvin A. A., Gubaidulina E. Kh. To the question of the abuse of procedural rights in the arbitration process of the Russian Federation // Guarantees of rights in the Russian Federation and international law. Publisher: LLC “Aeterna”, 2017. – P. 74-76.
CIVIL PROCESS
ZAKHAROVA Irina Valentinovna
senior lecturer of Civil and business law sub-faculty of the Novosibirsk State University of Economics and Management “NINE”, postgraduate student of the Faculty of Law of the Novosibirsk State University of Economics and Management “NINE”
ADVOCACY: LEGAL CONFLICT OF REPRESENTATION BY APPOINTMENT IN CIVIL PROCEEDINGS
In modern society, the sphere of services of representatives is quite wide. Of particular importance, in order to protect the rights and legitimate interests of subjects of civil law, is the representation in civil proceedings carried out by lawyers on the appointment of the court.
In this article, the author, being a lawyer, examines the legal problems of protecting the rights and legitimate interests of persons in whose interests the judicial authority involves a lawyer to participate in a civil case by appointment. These problems are relevant and their resolution is of practical importance, since in accordance with the current legislation, the state guarantees professional legal protection.
Keywords: lawyer, advocacy, civil proceedings, representation by appointment, trial, protection of rights and legitimate interests, Article 50 of the Civil Procedure Code of the Russian Federation.
CIVIL PROCESS
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
HISTORICAL ANALYSIS OF THE ORIGIN OF RUSSIAN COURTS OF GENERAL JURISDICTION
The article analyzes educational and scientific literature in the field of activity of Russian courts of general jurisdiction. The analysis of the Soviet legislation in the sphere of the origin of the judicial system in Russia is carried out. With the development of the state and society, the Russian judicial system has also changed. In 1924, the People’s Court, the Provincial Court, and the Supreme Court of the RSFSR were recognized as judicial bodies of the RSFSR, which formed a single judicial system. With the adoption of the Constitution in 1977, the judicial system also changed. In 1977, the judicial system of the USSR included: the Supreme Court of the USSR, the Supreme Court of the Union Republics, the Supreme Courts of Autonomous Republics, regional, regional, city courts, courts of autonomous regions, courts of autonomous districts, district (city) people’s courts, as well as military tribunals in the Armed Forces. The stages of judicial reform are defined and considered. The stage of formation of judicial power in modern Russia is defined. The beginning of this stage is considered to be October 24, 1991, when the Supreme Soviet of the RSFSR adopted the “Concept of Judicial Reform”, whose task was to establish the judiciary in the state mechanism as a separate independent branch of government.< /p> Keywords: courts of general jurisdiction, judicial system, judicial power, judicial system, legal state, judicial bodies.
References
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993). – [Electronic resource]. – Access mode: Official Internet portal of legal information http://www.pravo.gov.ru, 04.07.2020.
2. Convention for the Protection of Human Rights and Fundamental Freedoms (signed in Rome on 04.11.1950) // Collected Legislation Ross. Federation. – 08.01.2001. – No. 2. – Art. 163.
3. Ioffe O. S., Musin V. A. Fundamentals of Roman civil law: textbook. allowance. Publishing house of the Leningrad University. – Leningrad, 1975. – 156 p.
4. Fundamentals of criminal proceedings in the USSR and the Union Republics: Decree of the Presidium of the Central Executive Committee of the USSR of 31 October. 1924 // Collection of Legislation 1924. – No. 24. – Art. 204, 206.
5. On the division of the West Siberian Territory into the Novosibirsk Region and Altai Territory: Decree of the Central Executive Committee of the USSR of 28 September. 1937 No. 302 // Collection of laws and orders of the Workers ‘and Peasants’ Government of the USSR. – 1937. – No. 66.
6. On martial law: decree of the Presidium of the USSR Armed Forces of June 22, 1941 // Vedomosti of the Supreme Soviet of the USSR. – 1941. – No. 29 (144). – Art. 1.
CIVIL PROCESS
SERGEEVA Kseniya 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
SALAMAKHINA Elena Alexandrovna
senior lecturer of Civil law and process sub-faculty of the Far Eastern Federal University
PROBLEMS OF JUDICIAL PRACTICE IN RESOLVING CIVIL CASES ON DETERMINING THE PLACE OF RESIDENCE OF A CHILD
The institution of the family is undergoing changes – the conclusion and dissolution of marriage, the determination of the child’s place of residence when the parents are separated, etc. Due to the dynamism and strictly personal nature of these relations, many disputes arise in the process of law enforcement. The relevance of the work is since the number of disputes related to the determination of the child’s place of residence increases annually, which is a consequence of the demographic situation in Russia, the growth of cases of divorce. The analysis of the procedural features of the consideration and resolution of civil cases on the determination of the child’s place of residence is necessary to assess the effectiveness of modern family legislation in the field of protection of the rights and interests of children and parents. p> Keywords: family, determination of the child’s place of residence, family legislation, children’s interests, family disputes.
References
1. Ablyatipova N. A., Tsyganova D. S. Some problems of determining the place of residence of minor children in the case of separation of parents // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2022. – No. 2. – P. 1-5.
2. Mamedova M. K. Features of the execution of court decisions in cases of determining the place of residence of a child // Legal Bulletin of the DSU 2012. – No. 2. – P. 41-48.
3. Rudman D.S. On some aspects of determining the place of residence of the child by the court when the parents live separately. – 2019. – No. 4. – P. 19-25.
4. Sakhno D. K. Evasion of parents from the execution of a court decision on determining the place of residence of the child // State and law: theory and practice: materials of the international scientific conference. – Chelyabinsk, 2011. – P. 159-165.
5. ArteMova O. A. Problems of determining the jurisdiction of cases to determine the place of residence of a child, complicated by a foreign element // Skif. Issues of student science. – 2020. – No. 12 (52). – P. 219-225.
6. Fedoseeva G. Yu. Non-legal side of marriage and family relations and consideration of international character when considering cases on determining the place of residence of a child // Lex Russica (Russian law). – 2004. – No. 4. – S. 1011-1019.
CIVIL PROCESS
YURTAEV Vyacheslav Alexandrovich
student of the Law School of the Far Eastern Federal University
SERGEEVA Ksenia Alekseevna
student of the Law School of the Far Eastern Federal University
SALAMAKHINA Elena Alexandrovna
senior lecturer of Civil law and process sub-faculty of the Far Eastern Federal University
SOME PROCEDURAL FEATURES OF THE CONSIDERATION BY THE COURTS OF CASES ON DETERMINING THE PLACE OF RESIDENCE OF CHILDREN WHEN PARENTS ARE SEPARATED
Disputes about determining the place of residence of a child when parents are separated are currently, unfortunately, far from uncommon. The specificity of family legal relations opens up a field for research on the procedural features of this category of cases. In this work, the norms of family legislation of different countries related to cases of determining the child’s place of residence, law enforcement practice will be analyzed, the status of persons participating in the case of determining the child’s place of residence will be assessed. A comprehensive analysis of the experience of other states made it possible to identify existing problems in the judicial practice of the Russian Federation and suggest ways to overcome them.
Keywords: family, determination of the child’s place of residence, family legislation, children’s interests, family disputes.
References
1. Varlamova I. A. Determining the place of residence of a child: international experience // Bulletin of the Student Scientific Society of the Donetsk National University. – 2018. – No. 10-1. – P. 120-125.
2. Bakhareva O. A., Tsepkova T. M. Procedural position of persons involved in cases related to the upbringing of children // Vestnik SGUA. – 2017. – No. 1 (114). – P. 86-91.
3. Vershinina E. V., Konovalov D. V., Novikov V. S., Khokhlacheva S. V. The concept and types of mediation in the legislation and legal doctrine of Russia, France, Spain and the USA // Bulletin of the civil process. – 2020. – No. 6. – P. 139-155.
4. Bulgakov S. N. Question-answer // ATP ConsultantPlus. – 2023. – P. 1-15.
5. Aleeva S. S. Other persons in cases of determining the place of residence of the child // Progressive development as a consequence of scientific and technical research: collection of articles of the international scientific conference. – Novosibirsk, 2022. – P. 61-69.
6. Smagina E. S. Some features of the participation of guardianship and guardianship authorities in disputes about determining the place of residence of the child when the parents live separately. – 2016. – No. 8. – S. 20-27.
HOUSING LAW
RUDYKH Svetlana Nikolaevna
Ph.D. in Law, associate professor, Head of Civil law disciplines sub-faculty of the Irkutsk Law Institute (branch) University of the Prosecutor’s Office of the Russian Federation
IGONINA Alina Sergeevna
student of the 5th course of the Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
PROTECTION BY THE PROSECUTOR OF THE RIGHTS OF CITIZENS-PARTICIPANTS OF THE SHARE CONSTRUCTION
In view of the high social significance of legal relations arising in the sphere of shared construction, the protection of the rights of participants in shared construction by prosecutors is one of the priorities of the prosecution agencies. The effective exercise by prosecutors of their power to protect the rights of citizens in this area of legal relations enables citizens to exercise their fundamental right to housing.
In this study the authors analyze the practice of prosecutor’s supervision in the area of shared construction and also consider problematic issues of participation of the prosecutor in the resolution of cases of this category by the courts in civil and arbitration proceedings.
Keywords: right to housing, prosecution agencies, prosecutor, shared construction, protection of shareholders’ rights, proceedings in civil causes, proceedings in arbitration causes.
FAMILY LAW
KUSTOVA Anastasia Andreevna
magister student of the Institute of Law of the National Research Tomsk State University
DE FACTO MARITAL RELATIONS: EXPERIENCE OF FOREIGN AND DOMESTIC REGULATION
The article deals with the problems of protecting the rights of persons who are in de facto marital relations. The author examines the experience and models of foreign regulation of cohabitation. The author also analyzed the judicial practice of the Russian Federation on the protection of rights of persons in de facto marital relations. The article concludes that it is necessary to change the legal status of cohabitants.
Keywords: de facto marital relations, cohabitation, de facto marriage, marriage and family relations, unregistered marriage union
References
1. Antokolskaya M. V. Lectures on family law. – M.: Jurist, 2010.
2. Tarusina N. N. Family rights: textbook. allowance. – M.: Prospect, 2008.
FINANCIAL LAW
MATYUKHIN Danila Alexeevich
student of the 3rd course of the Samara State University of Economics
STATE REGULATION OF THE FINANCIAL MARKET IN RUSSIA: ADMINISTRATIVE AND ECONOMIC MEASURES
The scientific article presents the results of the analysis of the practical role and place of the state in the process of regulating the securities market in Russia. The practical role of the state in the implementation of the implementation of measures aimed at regulating the securities market is determined. In conclusion, it is established that the legal regulation of the state in modern Russia should be aimed not at restraining, but at stimulating the development of the financial market.
Keywords: state regulation; financial market; stocks and bonds market; stock market; regulatory procedures.
References
1. Nogachevsky N. A. Infrastructure of the financial market and trends in its development in Russia // Actual problems of economic development and management in modern conditions. – 2021. – S. 602-615.
2. Sadykova N. R. State regulation of the stock market // Achievements of science and education. – 2018. – No. 16 (38). – P. 24-29.
3. Dolmatova D. A. Infrastructure of the financial market and its components // Science, education, innovation: approbation of research results. – 2020. – S. 287-290.
4. Rodin D. Ya., Krivenko A. S., Levaya V. O. Problems of state regulation in the stock market // Chelovek. Society. Society. – 2022. – No. 1. – P. 47-52.
5. Piterskaya L. Yu., Zinisha O. S., Rodin D. Ya., Ivanenko I. N. Institutional transformations of the activities of financial services market participants in the era of digitalization: monograph. – Krasnodar: KubGAU, 2021. – 170 p.
FINANCIAL LAW
SUNTSOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of state and law disciplines sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
MATSKEVICH Oksana Valerjevna
Ph.D. in Law, associate professor, associate professor of Humanities, social sciences and economics disciplines sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
FINANCIAL AND LEGAL MECHANISMS IN THE TRANSPORT SECTOR (ON THE EXAMPLE OF SECURING AGREE- MENTS AND INVESTMENT COOPERATION)
Purpose. The development of a favorable investment climate and stimulating the attraction of investment resources in the field of transport is today one of the main directions of modern economic and, as a consequence, legal policy of the state. since a new form of investment cooperation has been introduced in Russia relatively recently – a special investment contract, the authors set themselves the task of showing the place of this legal form in the system of already traditional mechanisms by the example of the transport sector.< br /> The state’s interest in the creation of new legal mechanisms indicates that the course towards the development of the idea of affordable transport, improving the quality of transport services provided, stimulating business in this area are among the priorities, where it is possible to successfully combine not only private and public interests, but also their resources.
methodology. A system of various methods was used in the work: for example, a general scientific method of analysis was used, which allowed the authors to argue the concept of using the advantages of certain mechanisms of legal regulation of agreements and investment cooperation; in turn, the formal legal method allowed using not only cognitive resources aimed at familiarization with legal norms, but also as a consequence, resort to their legal clarification and interpretation, that is, a private method – legal interpretation. The abstraction method allowedus to focus on the specifics of the implementation of the financial and legal mechanism for ensuring agreements and investment cooperation in the transport sector.
Conclusions. The basis of the financial and legal mechanism for ensuring agreements and investment cooperation in the transport sector is, first of all, investment contracts. An investment agreement is a legally defined contractual form of cooperation between investors and customers. From the point of view of the contract, it can be a variety of relationships and types of agreements. The Civil Code of the Russian Federation allows the conclusion of both stipulated and non-stipulated agreements. The analysis of the legal mechanisms for securing agreements and investment cooperation allows us to state that almost any claim entity will be able to find an attractive form of legal interaction for itself. Investments play an important role for the global and national economies. Investment contracts can solve infrastructure tasks of various scales: construction of roads, ports, etc.
The growth in the number of corporations, the creation by them of a large number of their branches and subsidiaries of commercial organizations indicates the stage of development of the special importance of investment relations in the environment related to transport.
The Russian economy today needs contractual forms where a private investor and the state interact on a parity basis, where there is a chance to distribute risks between these sides of the relationship and ensure the permanence of contractual terms, which undoubtedly attracted and will attract private investment entities.
It is necessary, at the same time, to be puzzled by the reduction of political risks that are poorly amenable to legal regulation. scientific and practical significance. The contract-the foundation that determines the investment process is traditionally recognized
as the contract for the implementation of an investment project. According to Article 1 of Federal Law No. 39-FZ, an investment project is understood as an explanation of the issues of economic feasibility, the volume and timing of capital investments, including the accompanying necessary project documentation developed in accordance with the legislation of the Russian Federation, as well as a description of practical actions to implement investments (business plan).”
From the point of view of concluding an agreement on public-private partnership, it is necessary to emphasize that there are two forms of public-private partnership, including in transport: institutional and contractual. The contractual form is based on an agreement between a public and a private partner. A project company may also be created, the founders of which are private companies. If a company enters into a contract, then it is a party to the partnership agreement. If at least one participant of the project company belongs to public legal entities or an agreement is concluded between the project company and a public partner, then an institutional model of partnership arises before us.
Keywords: legal mechanism, legal regulation, provision of agreements, investment cooperation, contract, contract, public-private partnership, public-private partnership, transport, partnership model, concession agreement.
References
1. Baranov V. V., Baranova I. V., Muradov A. A. Concession agreements as a tool for implementing public-private partnerships in the management of infrastructure and socially significant projects. [Electronic resource]. – Access mode: www.consultant.ru/document/cons_doc_LAW_213628. SPS Consultant Plus. (date of access: 10/15/2018).
2. Baranova AN Legal nature of concessions and concession agreements as a mechanism for attracting foreign investment // Legislation. 2007. No. 6. P. 56-62.
3. Belousov A. L. Conditions for the formation of the innovative infrastructure of the economy // In: Innovative development of modern socio-economic systems // Proceedings of the III International Correspondence Scientific and Practical Conference. Ministry of Education and Science of the Russian Federation; FGBOU VO “Komsomolsk-on-Amur State Technical University”; FAO Far Research Institute of Market under the Ministry of Regional Development of the Russian Federation. 2016. S. 17-20.
4. Belousov A. L. Development of investment relations in the transport sector through the implementation of special investment contracts // Proceedings of the international scientific and practical conference “Modern financial and financial and legal problems in transport”, M., MIIT, February 14, 2019 / Under ed. A. A. Chebotareva, V. M. Koryakina, V. E. Chebotareva. 2019. P. 115-119.
5. Doronina N. G. Concession agreement in private international law // Separate types of obligations in private international law / Otv. ed. V.P. Zvekov. M., 2008. Ch. 3.
6. Doronina N. G. Concession agreement asan independent type of obligation in private international law // Journal of Foreign Legislation and Comparative Law. 2008. No. 4. P. 56-66.
7. Zelenin A. D., Stepanishcheva K. Yu. Prospects for foreign investment: the return of the resident //
“Business Law”. Appendix “Law and Business”, 2017. No. 1. P.4-7.
8. Kasatkina A. A. Foreign investments and ways to attract them to the national economy. [Electronic resource]. – Access mode: www. consultant.ru/document/cons_doc_LAW_213628. SPS Consultant Plus. (date of access: 22.09.2020).
9. Popondopulo VF Special investment contract as a legal form of investment agreements with the participation of a public legal entity. [Electronic resource]. – Access mode: www.consultant.ru/document/cons_doc_LAW_213628. SPS Consultant Plus. (date of access: 22.09.2020).
10. Public-private partnership in Russia and foreign countries: legal aspects. / Under the general editorship. V. F. Popondopulo, N.A. Sheveleva. M., 2015. 301 p.
11. Sosna S. A. Concession agreements: theory and practice. M., 2002. 256 p.
12. Tselovalnikova I. Yu. Legal regulation of investment activity: Monograph. M.: Law Institute of MIIT, 2013. 70 p.
TAX LAW
SIKACH Artem Sergeevich
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ANTONYUK Lyudmila Alexandrovna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
THE USE OF ARTIFICIAL INTELLIGENCE IN IMPROVING THE ACTIVITIES OF TAX ADMINISTRATION
The development of technologies and artificial intelligence in recent years has opened up new opportunities for automation and improving the efficiency of tax administration. The article discusses the use of artificial intelligence in improving the activities of tax administration on the example of various systems of tax control and determination of the tax base. It is shown how the use of machine learning algorithms, neural networks and other artificial intelligence technologies can improve the accuracy and speed of data processing, reduce the number of errors and simplify tax administration processes.
Keywords: artificial intelligence, tax administration, automation, data analysis, determination of the tax base, tax control, machine learning, neural networks.
References
1. Romanova I. B. Tax administration: textbook. allowance. – Ulyanovsk: UlGU, 2018. – 54 p.
2. Goncharenko L. I., Malkova Yu. V., Advocatova A. S. Actual problems of the tax system in the digital economy // Economics. Taxes. Right. – 2018. – No. 2. – P. 166-172. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_32871961_17317941.pdf (date of access: 06/01/2021).
3. Zabolotnikova V. S. Development of a conceptual model of the management system in the tax service. Sovremennye naukoemkie tekhnologii. – 2017. – No. 10. – P. 7-12. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_30487267_57249123.pdf (date of access: 05/16/2021).
4. Meytova A. N., Feigel M. L. Problematic aspects of tax audits // Science and education: economy and economy; entrepreneurship; law and management. – 2022. – No. 3 (142).
5. Frolova A. Yu., Desyatnichenko D. Yu. Assessment of the level of competition and analysis of the current state of the online cash register market in Russia // Journal of Economy and Business. – 2021. – № 1-2 (71).
6. Troyanskaya M. A. Instruments of tax support for the development of the digital economy // Natural Humanitarian Research. – 2021. – No. 34 (2).
7. Kurushina D. E., Administration of VAT taxation in Russia // Alley of Science. – 2021. – No. 1 (52). – P. 7-11.
8. Kochergin D. A. Digital currencies of central banks: the experience of introducing the digital yuan and the development of the concept of the digital ruble // Russian Journal of Economics and Law. – 2022. – V. 16. No. 1. – S. 51-78.
9. Kankulov A. M., Yagumova Z. N., Gubachikova D. M. Tax administration in the context of digitalization of the economic space // Taxes and taxation. – 2021. – No. 7 (61).
10. Federal Tax Service. Automated tax monitoring system. – [Electronic resource]. – Access mode: https://www.nalog.ru/rn77/related_activities/analytical_activities/automated_monitoring_system/.
11. Russian Newspaper. Artificial intelligence helps tax officials. – [Electronic resource]. – Mode up tostupa: https://rg.ru/2020/06/18/iskusstvennyj-intellekt-pomogaet-nalogovikam.html.
12. Tax Newspaper. Artificial intelligence in the fight for the safety of taxpayers. – [Electronic resource]. Access mode: https://www.nalog-ru.com/andex/news/iskusstvennyy-intellekt-v-borbe-za-bezopasnost-nalogoplatelsh/1578528872.html.
13. Recommendations for the use of artificial intelligence in tax administration, European Commission (2019). – [Electronic resource]. – Mode of access: https://ec.europa.eu/info/sites/info/files/recommendations-use-artificial-intelligence-tax-administration_en.pdf.
14. General Data Protection Regulation, European Union (2018). – [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN.
TAX LAW
AVANESYAN Maxim Alexandrovich
student of the 4th course of the Higher School of Law of the Institute of Management and Territorial Development of the Immanuel Kant Baltic Federal University
TAX ADMINISTRATION: ESSENCE AND DEVELOPMENT
In this paper, the author examines the essence and development of tax administration through digital technologies. Its goals and functions are investigated. The author also highlights the main changes in the principles of building administration. It is proposed to introduce changes to the digital services of the tax authority to improve the tax culture of taxpayers. In addition, performance statistics on the use of an automated complex are provided.
Keywords: tax administration, principles, essence, concept, digitalization.
References
1. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ (as amended on March 18, 2023) (as amended and supplemented, effective from May 18, 2023). [Electronic resource]. – Access mode: ATP “Consultant Plus”.
2. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030”. [Electronic resource]. – Access mode: ATP “Consultant Plus”.
3. Order of the Federal Tax Service of Russia dated March 14, 2016 No. ММВ-7-12/134@ “On Approval of the Regulations on the Automated Information System of the Federal Tax Service (AIS “Nalog-3”). [Electronic resource]. – Access mode: ATP “Consultant Plus”.
4. Letter of the Federal Tax Service of Russia dated 03.06.2016 No. ED-4-15/9933@ “On the assessment of risk signs of RMS”. ). [Electronic resource]. – Access mode: ATP “Consultant Plus”.
5. Anisimova A. A. The quality of tax administration in the context of digitalization of the economy: world experience // Finance and credit. – 2019. – T. 25. No. 11 (791). – S. 2508-2520.
6. Kalashnikova E. B., Emelshina K. A. The essence and concept of “tax administration” // Problems of enterprise development: theory and practice. – 2020. – No. 1-3. – P. 63-68.
7. Petukhova R. A. Grigorieva Ya. A. Tax administration in the digital economy // Vestn. Volume. state university Economy. – 2019. – No. 46. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalogovoe-administrirovanie-v-usloviyah-tsifrovoy-ekonomiki (date of access: 05/18/2023).
8. Reunova L. V., Mamiek L. A., Prigoda L. V., Paladova T. A. Development of tax control in the context of digitalization of the economy // New technologies. – 2021. – No. 4. – S. 103-110.
9. Sadikova N. V., Tselniker G. F. Tax administration and its essence // International Journal of the Humanities and Natural Sciences. – 2020. – No. 5-2. – P. 84-86.
10. Tyutyuryukov V. N., Tyutyuryukov N. N., Guseva N. M. Digitalization of tax administration and its analytical potential (on the example of Russia) // Information society. – 2023. – No. 1. – S. 55-64.
11. Shikhmetova A. F. Meylanova I. A. Tax administration in the Russian Federation and ways to improve its efficiency in modern conditions // Economics and business: theory and practice. – 2020. – No. 4-3. – S. 175-178.
12. Reports on the results of tax and other types of control). [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn77/related_activities/statistics_and_analytics/forms/ (date of access: 05/21/2023).
TAX LAW
FAIZOVA Kristina Alexandrovna
assistant of Financial and administrative law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
TRANSFORMATION OF TAX CONTROL IN THE CONTEXT OF DIGITALIZATION
The article discusses issues related to the key aspects of the transformation of tax control in the context of digitalization. The article discusses the concept of digital transformation, key directions and methods of digitalization of tax control, as well as tax control tools used in the framework of digitalization of the national economy. To date, high-quality software is used in the work of tax authorities that carry out control actions, allowing them to promptly carry out tax control and administration in compliance with tax legislation. In the context of the impact of the digital transformation of tax control on legal regulation, the following transitional provisions are noted: the implementation of tax procedures in digital form involves the implementation of all tax control measures in the same form; as well as the exclusion of corrupt actions and the human factor from the tax control process. The problems and measures to resolve them are highlighted, which are necessary for the implementation by the state during the transformation of tax control in the conditions of digital reality.
Keywords: transformation, tax control, digitalization, digital transformation, tax, tax authorities, taxpayer.
References
1. Gashenko I. V., Zima Yu. S. Development of information and communication environment in tax administration // Bulletin of SRSPU NPI. – 2021. – T. 14. – No. 3.
2. Kozhanchikov O. I., Shalev I. A. Tax control in the system of tax administration and directions of its development // Central Russian Bulletin of Social Sciences. – 2023. – T. 18. – No. 1.
3. Larionova M. E., Aleksandrova Zh. P. Problems of introducing digitalization in the system of tax administration in the Russian Federation // Trends in the development of science and education. – 2023. – No. 93-3.
4. Mishustina A. Yu. Features of tax policy in the context of digitalization // World Science. – 2023. – No. 3 (72).
5. Faizova K. A. Legal regulation of digitalization of tax control in the system of ensuring tax security // Bulletin of BIST (Bashkir Institute of Social Technologies). – 2023. – No. 1 (58).
6. Tsareva O. A., Omurova S. K. Vectors of development of the tax system in the context of digitalization // Actual issues of modern economics. – 2023. – No. 1.
BUSINESS LAW
ALLAKHVERDIEV Arman Khatai ogly
master of jurisprudence, postgraduate student of Сommercial law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
MODELS OF LEGAL REGULATION OF COMPLIANCE IN COMMERCE
The article is devoted to the analysis of models of legal regulation of compliance in commerce. The author criticizes the current model of compliance. Alternative models of compliance regulation based on the analysis of foreign experience are proposed. The Ministry of Justice plays an important role in the legal regulation of compliance. The results of this research can be used to improve existing legislation.
Keywords: compliance, model of legal regulation, exemption from liability, reduction of liability.
References
1. Vaskovsky E. V. Textbook of civil law. – M., 2016 (Series “Classics of Russian civil law”). – S. 53.
2. Commercial law: a textbook for universities / Ed. ed. E. A. Abrosimova, V. A. Belov, B. I. Puginsky. – M., 2022. – S. 16-17.
3. Lebedev KK Legal service of business. – M., 2011. – S. 13.
4. Petrazhitsky L. I. The rights of a bona fide owner to income from the point of view of dogma and politics of law. – M., 2002 (Series “Classics of Russian civil law”). – P. 220 – 300.
5. Puginsky B. I., Semenkina N. A. Legal work. – M., 2019. – S. 37.
6. Salygin E. N. Modeling in law: problems and prospects // Law. Journal of the Higher School of Economics. – 2013. – No. 3. – P. 12-35.
7. Sushkova O. V. Features of the application of the antimonopoly compliance mechanism in the field of advertising of pharmaceuticals and medical devices // Antimonopoly compliance as an effective tool for preventing violations / collection of articles, ed. S. A. Puzyrevsky. – M., 2019. – S. 195.
8. Cherdantsev A. F. Logical and linguistic phenomena in jurisprudence. – M., 2012. – S. 220-221.
9. The French Commercial Code in English. [Electronic resource]. – Mode of access: https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000005634379 (accessed 15.02.2023).
10. German corporate governance code in English. [Electronic resource]. – Access mode: https://www.dcgk.de/en/code.html (date of access: 15.02.2023).
BUSINESS LAW
Keywords: bankruptcy, developer, fund, rights, interests, equity participation, guarantees, court, regulatory body.
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor, professor of State and legal disciplines sub-faculty of the Institute of Law of the Pacific State University
IVANOV Vyacheslav Alexeevich
magister student of the Institute of Law of the Pacific State University
THE FUND FOR THE DEVELOPMENT OF TERRITORIES IN THE MECHANISM OF PROTECTION OF SHAREHOLDERS IN THE BANKRUPTCY OF THE DEVELOPER
The article attempts to consider the guarantees of protection of Russian citizens in the housing sector, enshrined in federal legislation. As one of them, the authors investigate the Territorial Development Fund, whose activities are aimed at solving problems of completing housing construction and obtaining their apartments by shareholders. The article also provides a brief overview of judicial practice, provides analytical data in the field of bankruptcy of the developer.
Keywords: bankruptcy, developer, fund, rights, interests, equity participation, guarantees, court, supervisory authority.
References
1. Decision of the Arbitration Court of the Khabarovsk Territory dated September 12, 2022 in case No. А73-11887/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/KCfXVTBenANd/ (date of access: 05/16/2023).
2. Insolvency (bankruptcy): Training course. In 2 volumes / Ed. S. A. Karelina. T. 1. – M.: Statute, 2019. – S. 24-35.
3. Federal Law No. 214-FZ of December 30, 2004 “On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Some Legislative Acts of the Russian Federation” (as amended on October 16, 2006) // Collected Legislation of the Russian Federation . – 2005. – Art. 27.
4. Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (as amended on December 28, 2022) // Collected Legislation of the Russian Federation. – 2002. – No. 43. – Art. 4190.
5. Federal Law of July 29, 2017 No. 218-FZ “On a public law company to protect the rights of citizens participating in shared construction in the event of insolvency (bankruptcy) of developers and on amendments to certain legislative acts of the Russian Federation” // Collected Legislation of the Russian Federation. – 2017. – No. 31 (part I). – Art. 4767.
BUSINESS LAW
ZHILENKOVA Tatyana Valerjevna
associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice
THE CURRENT LEGISLATION AND THE AGREEMENT ON THE RELATIONSHIP OF BUSINESS ENTITIES
The contract law of the Russian Federation has undergone significant changes in connection with the reform of civil legislation. Many changes were dictated by the need for legal regulation of relations between economic entities. The principle of conscientiousness of participants in civil turnover also received an impetus in development. At the same time, legislation and judicial practice are formed without taking into account such a factor as the duration of economic relations, which gives the party of the legal relationship a reasonable expectation of certain behavior from the counterparty. This article discusses some aspects of the legal regulation of entrepreneurial activity that prevent the formalization of agreements on the relationship of business entities.
Keywords: contract, good faith, entrepreneurial activity, partnership agreements, relational contract, freedom of contract.
References
1. Contractual and obligation law (general part): article-by-article commentary on articles 307–453 of the Civil Code of the Russian Federation [Electronic edition. Edition 1.0] / Rev. ed. A. G. Karapetov. – M.: M-Logos, 2017. – 1120 p.
2. Zaitseva N. V. Implementation of the theory of relational contracts in modern practice // Journal of Russian law. – 2021. – No. 2. – P. 56-72.
3. Kirpichev A. E. Non-classical theories of the contract (contract-promise, discrete, relational and network contracts) in the context of the new edition of the Civil Code of Russia // Laws of Russia: experience analysis, practice. – 2016. – No. 2. – P. 51-58.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
NON-PROFIT ORGANIZATIONS AS PARTICIPANTS IN ENTREPRENEURIAL RELATIONS FOR THE IMPLMENTATION OF ENTREPRENEURIAL ACTIVITIES: DISCUSSION ISSUES
The article provides an analysis of one of the most controversial issues of modern business law – the possibility of classifying non-profit organizations as business entities. Despite the extensive scientific literature, there is still no consensus in science regarding the legal status of non-profit organizations in the system of subjects of business law. We are close to the point of view of D. P. Zaikin, who revealed the legal nature of a non-profit organization on the example of German legislation on foundations.
As a conclusion, we substantiate the position that the only significant criterion for distinguishing a commercial organization from a non-profit organization is the prohibition of profit distribution between the participants / founders of a non-profit organization
Keywords: non-profit organizations, entrepreneurial activity, subjects of entrepreneurial law, income-generating activities, profit.
References
1. Entrepreneurial law: a modern view: a monograph / E. A. Abrosimova, V. K. Andreev, E. G. Afanasyeva and others; resp. ed. S. A. Karelina, P. G. Lakhno, I. S. Shitkina. – M.: Yustitsinform, 2019. – 600 p.
2. Legal entities in Russian civil law: monograph: in 3 volumes / Responsible. ed. A. V. Gabov. – M.: IZiSP, INFRA-M, 2015. – V. 2: Types of legal entities in Russian legislation. – 352 p.
3. Zaikin D.P. General theoretical model of a legal entity fund in the context of two dichotomies // Bulletin of Civil Law. – 2020. – No. 5. – P. 7-72.
BUSINESS LAW
BALASHOV Evgeniy Vladimirovich
Ph.D. in Law, associate professor, Russian University of Transport; Russian State Humanitarian University
SHOROKHOVA Alexandra Andreevna
Ph.D. in Law, associate professor, Russian State Humanitarian University
LEGAL REGULATION OF DIGITAL TECHNOLOGIES WHEN ENSURING COMPETITION
The author of the article gives an assessment of the state of the aspect of legal regulation affecting such a sphere of social interaction as the use of digital technology. The article analyzes the needs and requirements for adapting the rule of law to solve legal problems that arise in connection with the development and use of digital technologies and their products. The categories of legal personality and protection of digital technologies, as well as the basics of their legal regulation are considered. In addition, ways to protect rights in the digital sphere are defined, the development of legislation in terms of establishing the responsibility of both developers and users of digital programs is considered. The study assesses the formation of approaches necessary for the most complete and objective activities aimed at high-quality legal regulation of the means and areas of digitalization. In addition, the article reveals the author’s model of considering the legal status of digital technologies through the prism of general issues of regulating the status and establishing responsibility and applied aspects of the use of individual technologies (Artificial Intelligence, Internet of Things, Blockchain, big data, etc.). Separately, the trend of marginalization of the digital sphere of law is noted, the limited adaptive capabilities of traditional legislation in the regulation of digital technologies are emphasized.
Keywords: digitalization, technical progress, offense, regulation, crime, methodological approach.
References
1. Boychenko I. S. Development of information exchange in the process of electronic interaction in the context of digitalization // Bachilov readings: Proceedings of the fourth international scientific and practical conference, Moscow, February 05-06, 2022 / Ed. ed. T. A. Polyakova, A. V. Minbaleev, V. B. Naumov / Institute of State and Law of the Russian Academy of Sciences. – Saratov: Amirit Limited Liability Company, 2022. – P. 114-124.
2. Lenkov I. N., Payukhina L. S. Evolution of financial intermediation under the influence of digitalization processes // Insurance business. – 2022. – No. 12 (357). – P. 35-40.
3. Decree of the President of the Russian Federation of May 7, 2018 No. 204 “On national goals and strategic objectives for the development of the Russian Federation for the period up to 2024” // Collected Legislation of the Russian Federation. 05/14/2018. No. 20. No. 2817.
4. Iskadzhyan S. O., Kiseleva I. A., Tramova A. M. [et al.] Importance of the information environment factor in assessing a country’s economic security in the digital economy. – 2022. – Vol. 12. No. 6. – P. 691-697.
5. Dorofeev A. N., Panina O. V., Zubets A. Zh. [et al.] Analysis of the digitalization of public administration: innovations and prospects // Forging and stamping production. Processing of materials by pressure. – 2022. – No. 11. – P. 100-105.
6. Guidance on a risk-based approach to virtual assets and virtual asset service providers. The document was presented at the FATF meeting in Paris. [Electronic resource]. – Mode of access: www.fatf-gafi.org/publications/fatfrecommendations/documents/Guidance-RBAvirtual-assets.html (accessed 21.04.2023).
7. Krivonosova Zh. V. The significance and role of digitalization in the formation of a universal culture and its impact on modern society // Academic Council. – 2023. – No. 4. – P. 250-255.
8. Bainiyazova Z. S. Digitalization and development of the Russian legal systemKeywords in conditions of legal uncertainty // Uncertainty of law: philosophical understanding and legal significance: Monograph / Under the general editorship of O. Yu. Rybakov. – Moscow: Prospekt Limited Liability Company, 2023. – P. 246-261.
9. Baturin Yu. M., Polubinskaya S. V. Artificial intelligence: legal status or legal regime? // State and law. – 2022. – No. 10. – P. 141-154.
10. Gromova N. S., Pashchuk E. O. Digitalization of legal education: social and legal problems and prospects // Bulletin of innovative technologies. – 2022. – V. 6. No. 4 (24). – P. 74-78.
BUSINESS LAW
KLEVTSOV Ruslan Vyacheslavovich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MASLENNIKOVA Lyudmila Vladimirovna
Ph.D. in Law, associate professor, associate professor of International private and entrepreneurial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
LEGAL FEATURES OF BANKRUPTCY OF INDIVIDUALS IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES
The article discusses the widespread practice of lending to the population and its consequences, including the problem of the impossibility of paying debts and the possibility of using the institution of failure of individuals to solve this problem. It also considers the legislation on bankruptcy of individuals in various countries of the world and its regulation. At the end of the text, additional programs and support mechanisms for individuals in difficult financial situations are mentioned. Bankruptcy of individuals is a procedure that allows an individual who is unable to pay debts to obtain financial relief. In Russia, the bankruptcy of individuals is regulated by the Federal Law “On Insolvency (Bankruptcy)”. The bankruptcy procedure for an individual includes an assessment of the property and debt load, as well as a plan for paying off creditors. As a result of the successful completion of the bankruptcy procedure, an individual can be released from debt and start a new life with a clean slate. However, it is worth noting that bankruptcy is a last resort and can negatively affect your credit history and the possibility of obtaining loans in the future.
Keywords: bankruptcy of individuals, lending, Federal Law.
References
1. Maslennikova L. V., Zalesnaya D. S. Goals and objectives of the institution of insolvency (bankruptcy): comparative characteristics of Russian and foreign legislation // Young scientist. – 2016. – No. 29 (133). – P. 453-455.
BUSINESS LAW
ANTONYAN Armen Karapetovich
consultant of the legal department of the Ministry for regulation of the contract system in the field of procurement of the Perm Territory, master student of the Perm State National Research University
OPENNESS OF THE CONTRACT SYSTEM AS A TOOL TO ENSURE STABILITY AND CERTAINTY OF GOODS, WORKS, SERVICES PURCHASED FOR PUBLIC NEEDS
The article discusses some issues related to the legal content of the principle of openness of the contract system. This legislative principle is compared with similar legal categories of the Civil Code of the Russian Federation in conjunction with the principle of stability of civil circulation. The author comes to the conclusion that the establishment of the principle of openness of the contract system is a means of ensuring the stability of the circulation of goods, works, services purchased for public needs.
Key words: openness (transparency), procurement, procurement participant, customer, turnover stability, contract system openness, UIS, USRN, USRLE.
ANTONYAN Armen Karapetovich
consultant of the Legal Department of the Ministry for Regulation of the Contract system in the Field of Procurement of the Perm Region, magister student of the Perm State National Research University
OPENNESS OF THE CONTRACT SYSTEM AS A TOOL FOR ENSURING STABILITY AND CERTAINTY OF THE TURNOVER OF GOODS, WORKS, SERVICES PURCHASED TO MEET PUBLIC NEEDS
The article discusses some issues related to the legal content of the principle of openness of the contract system. This legislative principle is compared with similar legal categories of the Civil Code of the Russian Federation in relation to the principle of stability of civil turnover. The author comes to the conclusion that the establishment of the principle of openness of the contract system is a means of ensuring the stability of the turnover of goods, works, services purchased to meet public needs.
Keywords: openness (transparency), procurement, procurement participant, customer, turnover stability, openness of the contract system, EIS, EGRN, USRLE.
References
1. Boltinova O. V. On the implementation of the principle of transparency (openness) of the budget // Actual problems of Russian law. – 2013. – № 7.
2. Gadzhiev G. A. Constitutional principles of a market economy (Development of the foundations of civil law in the decisions of the Constitutional Court of the Russian Federation). – M.: Jurist, 2004.
3. Gruzdev VV Civil law principle of turnover stability // Lawyer. – 2017. – № 23.
4. Egorova A. S. The principle of contract stability under the civil legislation of the Russian Federation: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2011.
5. Povetkina N. A., Khazova E. V. Integrated information systems for managing public finances in ensuring transparency of the budgetary system of the Russian Federation // Journal of Russian Law. – 2014. – № 9.
6. Pyatkovskaya Yu. V. Transparency as a fundamental principle of public spending: a legal mechanism for implementation // Russian Justice. – 2016. – № 10.
7. Shmeleva M. V. Civil law regulation of contractual relations in state and municipal procurement in the Russian Federation: dis. … cand. legal Sciences. – Saratov, 2013.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
PROBLEMS OF CLASSIFICATION OF SUBJECTS OF ENTREPRENEURIAL LAW IN RELATIONS FOR THE IMPLEMENTATION OF ENTREPRENEURIAL ACTIVITIES
The article examines the issues of classification of subjects of business law in “horizontal” business relations, i.e. relations for the direct implementation of entrepreneurial activities. Despite the fact that this issue can be classified as one of the basic ones in the science of business law, there is still no consensus that contributes to the development of business law both as an academic discipline and as a practice-oriented legal education. The author criticizes the approach to the differentiation of business entities that is common in educational literature. As a conclusion, we substantiate the position that in business law the classification of its subjects is intended, first of all, to show the volume of legal capacity of persons in “horizontal” business relations. In accordance with this task, it is necessary to differentiate the entities directly engaged in entrepreneurial activity.
Keywords: subjects of entrepreneurial law, entrepreneurial activity, “horizontal” relations, commercial organizations, individual entrepreneur, legal capacity.
References
1. Netishinskaya L. F. Entrepreneurial Law: Textbook. – Krasnodar, 2019.
2. Zakharova A. E., Utenyazova A. U. Classification of subjects of business law and its significance // Young scientist. – 2021. – No. 45 (387). – [Electronic resource]. – Access mode: https://moluch.ru/archive/387/85151/ (date of access: 04/11/2023).
3. Malyutina O.A. Legal restrictions on entrepreneurial activity in Russia // Legal Technique. – 2018. – № 12.
4. Types of activities for IP 2023. – [Electronic resource]. – Access mode: https://p21001.ru/articles/vibor-deyatelnosti-ip/ (date of access: 04/11/2023).
5. Gusyakov V. Yu. Participants of entrepreneurial relations in the oil and gas industry // Law and Economics. – 2018. – No. 3. – P. 14-24.
6. Stepin A. B. Legal status of small businesses // Lawyer. – 2019. – No. 9. – S. 19-24.
CORPORATE LAW
PANABERGENOVA Jamilya Tairovna
doctoral student of the Berdakh Karakalpak State University, Nukus, Republic of Uzbekistan
FORMATION OF CORPORATE GOVERNANCE: LEGAL ANALYSIS
This article analyzes the formation of corporate governance in Western countries from a legal point of view. The author paid great attention to the study of scientific works on corporate governance in order to determine the stages of its development. The article also highlights the regulations that laid the foundation for corporate governance in the Republic of Uzbekistan, and identifies the factors influencing the development of legislation in the field of corporate governance.
Keywords: corporate governance, comparative corporate law, scientific doctrine.
References
1. Gulyamov S. S. Concept, types and forms of corporate control and management. // Review of the legislation of Uzbekistan. 2014. No. 1-2.
2. Gulyamov S. S., Rakhmonkulov Kh.R. Corporate law. // T.:TDUI. 2014.
3. Gillis J., Bartha P., Leblanc R. Structure versus function: the evolution of corporate governance (on the example of the USA) // PUSS. 2015. No. 12.
4. Levushkin A. N. Conflict of interests in joint-stock and corporate legal relations // International Scientific Research Journal. 2022. No. 3 (117). P. 134. DOI: 10.23670/IRJ.2022.117.3.064
5. Nikishova M. I. Application of artificial intelligence technologies in the corporate governance system. Dis. … cand. legal Sciences. Moscow, 2021.
6. Petrov M.A. Stakeholder Theory: Ways of Practical Application // Bulletin of St. Petersburg University. Management. 2004. No. 2.
7. Schrader David E. Good for business, good for society, or business ethics // Finance: theory and practice. 2004. No. 4.
8. Berle, A., and G. Means. The Modern Corporation and Private Property. N.Y.: Macmillan, 1932.
9. Brian R. Cheffins. The History of Corporate Governance. Working Paper No. 184/2012 January 2012. ECGI Working Paper Series in Law. University of Cambridge and ECGI.
10. Brian R. Cheffins. The History of Corporate Governance. Working Paper No. 184/2012 January 2013. ECGI Working Paper Series in Law. University of Cambridge and ECGI.
11. Freeman R. E. Strategic management: A stakeholder approach. Boston, 1984.
12. John Armour, Henry Hansmann, Reinier Kraakman & Mariana Pargendler. What is Corporate Law, in reinier kraakman et al., the anatomy of corporate law: a comparative and functional approach // 2017. 3d ed.
13. La Porta R., Lopez-de-Silanes F., Shleifer A. and Vishny R. W. Legal Determinants of External Finance // Journal of Finance. V 3.
14. Morck R. A History of corporate governance around the world // Chicago. NBER. 2005.
15. Nader, R., M. Green M. and J. Seligman. Taming the Giant Corporation. W. W. Norton: New York, 1976.
16. Ocasio W. and Joseph J. Cultural Adaptation and Institutional Change: The Evolution of Vocabularies of Corporate Governance, 1972-2003. // USA. Poetics. V 33.
17. Reinier r. Kraakman et al., The anatomy of corporate law: a comparative and functional approach 2004.
18. Wells H. The Birth of Corporate Governance // Seattle University Law Review V 33.;
19.Wood W.A. Modern Business Corporations. The Organization and Management of Private Corporations. Indianapolis, The Bobbs-Merrill Company, 1906. 600 p.; Magdanov P.V. The history of the emergence of corporations before the beginning of the 20th century // Ars Administrandi. 2012. No. 4.
CORPORATE LAW
DEDKOVSKIY Ilya Vladimirovich
postgraduate student of the “Moscow Financial and Industrial University “Synergy””
EXPENSES ON SANATION OF BANK: STRUCTURE AND APPLICATION WITH RETROACTIVE FORCE
The article deals with the problematic issues of application of the paragraph 2 of the article 189.23 (5) of the Law on bankruptcy, which sets the rules for calculation of the Bank of Russia expenses on measures aimed at preventing the bankruptcy of credit organization. These expenses are subject to compensation by the controlling persons of the credit organization. The article considers also the questions of application of the researched norm with retroactive force, the structure of reimbursable expenses. The author comes to a conclusion about the lack of retroactive force of the researched norm, about inclusion of expectation damages into the reimbursable expenses.
Keywords: bank rehabilitation, controlling persons, financial assistance, rehabilitation costs, retroactive force.
References
1. Akuzhinov A. Recovery from Bank of Russia “expenses” for reorganization from persons controlling the bank (Article 189.23 (5) of the Bankruptcy Law): in search of corrective justice // Civilistics. – 2022. – No. 3. – P. 47-70.
2. Volozhanin V. P. Legal assumptions in the Soviet civil law and process: author. dis. … cand. legal Sciences. – Sverdlovsk, 1953.
3. Egorov A. V. Atypical losses under par. 2 p. 5 art. 189.23 Bankruptcy law: paradox or hidden meaning? // Bulletin of Civil Law. – 2021. – No. 4. // SPS “ConsultantPlus”.
4. Reshetnikova I. V. Course of evidentiary law in Russian civil proceedings. – M., 2000.
5. Sklovsky K. I. On the legal nature of the claim for the recovery of losses in the event of bank reorganization on the basis of paragraph 5 of Art. 189.23 of the Bankruptcy Law // Problems of civil law in judicial practice and legislation: Collection of articles dedicated to the anniversary of Professor Vasily Vladimirovich Vitryansky / Ed. ed. E. A. Sukhanov. – M.: Statut, 2021. – P. 217-245.
6. Tarbagaeva E. B. The role of legal presumptions in the process of judicial proof and knowledge // Jurisprudence. – 1982. – № 3.
7. Fedotov A. V. The concept and classification of evidentiary presumptions // Journal of Russian law. – 2001. – No. 4.
CORPORATE LAW
FEDOTOVA Irina Yurjevna
postgraduate student of the Peoples’ Friendship University of Russia
LEGAL REGULATION OF RELATED PARTY TRANSACTIONS IN COMMON LAW COUNTRIES
In the course of ordinary business activities of any company, various transactions can be concluded in which there is an interest of persons who can influence the formation of the will of company. In order to make meaningful decisions on the issues of legal regulation of the conclusion and fulfilment of such transactions, in this paper it is possible to study the experience of foreign countries, in particular, to turn to the approach of solving the issue of related party transactions in the UK and America, to get acquainted with the doctrines of foreign lawyers and judicial practice. It is worth noting that the common law system ensures proper regulation of transactions with related parties through case law and court decisions.
Keywords: conflict of interest, judicial precedent, transactions with related parties, fiduciary, presumption of good faith, abuse of authority.
References
1. Blair M. M., Stout L. A. Trust, trustworthiness, and the behavioral foundations of corporate law // University of Pennsylvania Law Review. 2001 Vol. 149. No. 6. P. 1735–1810.
2. Chadien C. The Law on Corporate Opportunity Transactions by Directors: A Comparative Analysis of Delaware Law and Australian Law // GSTF Journal of Law and Social Sciences. 2016. Vol. 5. No. 3. P. 28-37.
3. Davies M., Paterson R., Wilson A. United Kingdoom Generally Accepted Accounting Practice. [Electronic resource]. – access mode: https://link.springer.com/chapter/10.1007/978-1-349-13819-7_28 (date of access: 05/28/2023).
4. Gözlügöl A. A. Blinded by “Fairness”: Why We Need (Strong) Procedural Safeguards in Screening Self-Dealing and Obtaining a Fair Price Is Not the Answer // European Business Organization Law Review. 2022 Vol. 23. No. 3. P. 633-669.
5. Hebert P. M., Pettway J. M. Sales of Another’s Movables – History, Comparative Law, and Bona Fide Purchases // Louisiana lae Review. 1969 Vol. 29. No. 2. P. 329-360.
6. Pizzo M. Related party transactions under a contingency perspective // Journal of Management & Governance. 2013. No. 17. P. 309-330.
DIGITAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ADVANTAGES AND DISADVANTAGES OF IMPLEMENTING NEURAL NETWORKS IN LEGAL ACTIVITIES
The article raises the question of the applicability of artificial intelligence technologies to the implementation of tasks related to the application of legal norms. Possible options for using neural networks in various legal fields are shown, a list of useful properties is given, which remains open at this stage of technology development. The paper contains an overview of the foreign experience of artificial intelligence competition and leading lawyers in the UK. The possible problems that will need to be solved when introducing artificial intelligence into the legal sphere are highlighted.
Keywords: neural network, legal activity, automation.
References
1. Pravo.ru: article “Legal robots: how technology will change the work of law firms” dated 02.02. 2016. – [Electronic resource]. – Access mode: https://pravo.ru/story/view/125603/ (date of access: 05/08/2023).
2. Hi-News.ru: article “AI defeated the best London lawyers” dated 11/03/2017. – [Electronic resource]. – Access mode: https://hi-news.ru/technology/ii-pobedil-luchshix-londonskix-yuristov.html (date of access: 05/12/2023).
3. Magomedova M. A., Gitinov Kh. Kh., Kurbanov T. K. Trends in the use of neural networks in jurisprudence: a collection of conference proceedings // Current areas of scientific research: development prospects: materials of the XI International scientific and practical conference (Cheboksary, 14 Feb. 2020) / Editorial Board: O. N. Shirokov [and others] – Cheboksary: Center for Scientific Cooperation “Interactive Plus”, 2020. – P. 89-90. – ISBN 978-5-6044117-7-3.
4. Solomko D. S., Antoniadi K. S., Koval O. I. Architecture Trends in the use of neural networks in jurisprudence // Colloquium-journal. – 2019. – No. 24 (48). – P. 47-48.
5. Kirova L. M., Makarevich M. L. Innovative economy: Prospects for development and improvementniya // Legal aspects of the use of neural networks. – 2018. – No. 1 (27). – P. 58-63.
6. Kokov I. Kh., Leskina E. I. The concept and essence of neural networks: legal aspect // Scientific and practical electronic journal Alley of Science. – 2020. – No. 11 (50).
CRIMINAL LAW
BAYRAMOV Ramzi Radzhabovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
GABDULKHAKOV Marcel Faniljevich
LL.B, competitor for a master’s degree of the MGIMO (U) of the MFA of Russia
FILIPOV Artyom Rudolfovich
Ph.D. in Law, senior lecturer, associate professor of Criminal Law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
PROBLEMS OF COMBATING CRIMES IN THE SPHERE OF THE FUEL AND ENERGY COMPLEX
The article considers the problems of combating crimes in the sphere of the fuel and energy complex. The authors analyze the main types of crimes committed in this area, as well as the causes of their occurrence. Particular attention is paid to the issues of crime prevention and the effectiveness of the existing system of criminal prosecution. It is concluded that in the field of the fuel and energy complex there are serious problems associated with combating crime. The problems of combating crimes in the fuel and energy sector require an integrated approach and joint efforts on the part of government agencies, businesses and the public. It is necessary to improve legislation, increase the effectiveness of law enforcement agencies, improve the protection of fuel and energy facilities, and fight corruption and other forms of crime.
Keywords: fuel and energy complex, crimes, corruption, terrorism, cyber attacks.
References
1. Gataullin A. I., Gumerov R. R. Actual issues of prevention and investigation of crimes in the sphere of the fuel and energy complex // Scientific and practical electronic journal Alley of Science. – 2017. – No. 10. – [Electronic resource]. – Access mode: http: www.alley-science.ru (date of access: 15.04.2023).
2. Velezhev S. I. Modern problems of combating crimes in the sphere of the fuel and energy complex // Proceedings of the All-Russian Scientific and Practical Conference with International Participation “Penitentiary Security: National Traditions and Foreign Experience”. – 2022.
3. Velezhev S. I., Sedogin A. M. Criminological features of corruption crimes in the sphere of the fuel and energy complex // Bulletin of the Samara Law Institute: scientific and practical journal. – 2020. – No. 4 (40).
4. Minnikayeva G. F., Vildanov I. R. Operative-investigative support for the prevention and detection of crimes in the sphere of the fuel and energy complex // Theory and practice of modern science. – 2017. – No. 11 (29).
5. Pleshakov A. M., Osipov V. A. Criminal liability for theft of oil or oil products and for their illegal acquisition: qualification issues // Bulletin of economic security. – 2018. – No. 3.
CRIMINAL LAW
BALABKIN Dmitry Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the St. Petersburg Polytechnic University of Peter the Great
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the St. Petersburg Polytechnic University of Peter the Great
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of the St. Petersburg Polytechnic University of Peter the Great
CHARACTERISTICS OF THE PERSONAL QUALITIES OF A CRIMINAL WHO COMMITS A CRIME AGAINST LIFE
The article discusses the characteristics of the personality of a criminal who commits crimes against life in the Russian Federation. Aspects of the personality of the offender, the motives for which he has the right to life in relation to a person are excluded. The authors presume that personal qualities determine a person’s predisposition to commit such a crime as murder, but do not guarantee that a person with such qualities will necessarily become a murderer in the future.
Keywords: murder, violence, murderer, criminal, crime, personality traits.
References
1. Vedenskaya O. Yu. Characteristics of the personality of Internet criminals // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (30). ─ P. 116-118.
2.Nikolaev B.V., Egorikhin A.S. Criminological portrait of a criminal who has committed a crime against life // Bulletin of PenzGU. – 2022. – No. 1 (37). – P. 34-39.
3. Kirillov S. I., Krivosheev S. V. Some features of the personality of persons committing crimes against life // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 5. – P. 83-86.
4. Criminology: a textbook for universities / V. I. Avdiyskiy [and others]; edited by V. I. Avdiysky, L. A. Bukalerova. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 301 p. – (Higher education). – ISBN 978-5-534-03566-7. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/510960 (date of access: 04/23/2023).
5. Indicators of crime in Russia // Prosecutor General of the Russian Federation. Legal Statistics Portal. [Electronic resource]. – Access mode: http://crimestat.ru/ (date of access: 25.04.2023).
CRIMINAL LAW
DONSKOVA Kseniya Gennadjevna
associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
SPILIOTI Vlada Igorevna
student of the 4th course of the Crimean branch of the Russian State University of Justice
ADMINISTRATIVE LIABILITY FOR ANTI-COMPETITIVE AGREEMENT AND CONCERTED ACTIONS
The article examines the problem of drug use and distribution in prisons. The types of drugs commonly found in prisons and the methods by which they are distributed vary widely, ranging from visitors and mail to recruitment of staff and smuggled drugs. Factors that promote drug use and distribution include the availability of drugs in the outside world, prison culture, the nature of the prison environment and the actions of prison staff.
Keywords: drugs, distribution in prisons, smuggling, visitors, personnel, legal documents.
References
1. UNU URL. [Electronic resource]. – Access mode: https://www.un.org/ru/ (date of access: 03/22/2023).
2. WHO URL. [Electronic resource]. – Access mode: https://www.who.int/ru (date of access: 22.03.2023).
3. EMCDDA URL. [Electronic resource]. – Access mode: https://www.emcdda.europa.eu/ (date of access: 03/22/2023).
CRIMINAL LAW
IVANOVA Liudmila Mikhaylovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East Siberian branch of the Russian State University of Justice
RELEASE FROM SERVING A SENTENCE ON PAROLE: TRENDS IN LEGAL REGULATION AND THEIR IMPACT ON LAW ENFORCEMENT PRACTICE
The article presents an analysis of changes in the criminal legislation for release from punishment on parole along the actuality period of the 1996 Criminal Code of the Russian Federation. Has been named the main points of changes and additions made to Art. 79 and their impact on law enforcement practice. The conclusion about the need for a balanced, science-based approach to lawmaking in the field of criminal law regulation of relations connected with release due to parole has been done.
Keywords: parole, release from punishment, serving a sentence, actual serving of a sentence, parole, calculation of punishment.
References
1. Aryamov A. A., Dolgopolov D. V. The institution of parole from serving a sentence in judicial practice // Russian Justice. – 2009. – No. 7 (39). – S. 54-59.
2. Dolgopolov D.V. The practice of application by courts of conditional early release from punishment // Criminal Law. – 2010. – № 4. – P. 20-23.
3. Sandulyak K. I. On the relationship between the norms of criminal procedure, criminal and penal law governing parole // Bulletin of the penal system. – 2016. – No. 7 (170). – P. 12-16.
4. Hilyuta VV Prospects for the development of the methodology of criminal law in the postmodern era // Journal of Russian law. – 2017. – No. 5. – P. 88-96.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, Associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF CRIMINAL LIABILITY FOR THEFT OF PROPERTY FROM AN ILLEGAL OWNER
The article analyzes the issues of qualification of theft of the stolen. Taking into account the provisions developed in civil law, the legal and actual content of property ownership is investigated, the existence of legal grounds for titular (legal) and non-titular (illegal) ownership is determined. Based on this, taking into account the provisions of criminal law, as well as the position developed by the Constitutional Court of the Russian Federation on the composition of theft, conclusions are formulated that for crimes against property, previously stolen property cannot be the subject of criminal encroachment. The theft of such property should be specified in an independent part of the crime.
Keywords: crime, theft, possession, theft of the stolen, legal owner, illegal owner.
References
1. Alekseev S. S. General theory of law: in 2 volumes. T. 1. – M .: Jurid. lit., 1981. – 359 p.
2. Dogma of Roman law: Lectures by prof. V. V. Efimova. [1-2]. – St. Petersburg, 1893-1894. – 2 tons; Special part. – 1894. – 380, XII p.
3. Russian civil law: Readings by D. I. Meyer, ed. according to zap. listeners, ed. A. Vitsina. – 3rd ed., Rev. – St. Petersburg, 1864. – [4], VI,[2]. – 790 p.
4. Malbin D. A. Ownership protection (possessory) in Russian civil law: dis. … cand. legal Sciences. – Saratov, 2014. – 221 p.
5. Ivanov S. A. The category of ownership in civil law: problems of theory and practice: author. dis. … cand. legal Sciences. – Krasnodar, 2011. – 26 p.
6. Sinitsyn S. A. Protection of ownership and rights in rem in the civil law of Russia and Germany: author. dis. … cand. legal Sciences. – M., 2010. – 30 p.
7. Sklovsky K. I. Ownership in the civil code // Law. – 2009. – No. 5. – P. 49-54.
8. Badaeva N. V. Ownership protection in the civil law of Russia // Law. – 2011. – № 1. – P. 103-113.
9. Dozhdev DV Roman private law: Proc. for universities / Ed. V. S. Nersesyants. – Moscow: Ed. group “INFRA-M”: Norma, 1996. – 685 p.
10. Hilyuta V. V. “Theft of the stolen” or the problem of legal protection of criminal possession // Legislation and Economics. – M.: Legislation and Economics, 2009. – No. 1. – P. 50-54
11. Lopashenko N. A. Crimes against property: teoret.-prikl. research – Moscow, 2005. – 405 p.
CRIMINAL LAW
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia Federation
CHARACTERISTICS OF THE COMPOSITION OF CRIMES UNDER THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, COMMITTED BY MEDICAL PERSONNEL
The increase in the number of crimes committed by medical personnel in the performance of their professional duties is relevant, which, in turn, implies the improvement of criminal legislation in this direction. The peculiarity of the investigation of criminal cases on crimes committed by medical personnel lies in their professional corporatism, which entails the loss or falsification of evidence already at the stage of initiation of a criminal case. The results of the forensic medical examination are decisive in deciding whether to bring a medical worker to criminal responsibility.
Keywords: corpus delicti, qualification of the crime, medical personnel, iatrogenic crimes, criminal law protection of the patient’s life and health.
References
1. Tatarkin VV Crimes of medical workers against life and health. Abstract … Ph.D. – Rostov-on-Don, 2007. – S. 13.
2. Talan M. V. Medical activity as an object of criminal law protection // Uchenye zapiski Kazanskogo universiteta. Series Humanities. – 2019. – No. 161 (1). – S. 141-150;
3. Galyukova M.I. Causing grievous bodily harm by negligence (Article 118 of the Criminal Code of the Russian Federation) // Bulletin of the South Ural State University. – 2010. Series: Law. – No. 25 (201). – S. 27-31.
4. Khromova N. M. Criminal liability in the field of medical activity: legal practice and legislative trends // Journal of Russian law. – 2019. – No. 6. – P. 98.
5. Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ.
6. Decisions of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17.
7. Bykova E. G., Yashkov S. A. On the possibility of a legal assessment of poor-quality medical services that resulted in the death of a patient, under Art. 238 of the Criminal Code of the Russian Federation // Bulletin of the Moscow University. Episode 11 – 2018. – No. 6. – P. 81.
8. Mishina V. “A doctor must not bind his hands with fear” // Kommersant. 2018. January 30. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3534057, free access.
CRIMINAL LAW
TERSENOV Manolis Afanasievich
Prosecutor of the second department of the Department for Supervision of the execution of criminal Procedure and operational investigative activities of the Prosecutor’s Office of the Tyumen Region, 1st class lawyer, postgraduate student of Tyumen State University
SOME REFLECTIONS ON THE INSIGNIFICANCE OF THE ACT IN THE QUALIFICATION OF EMBEZZLEMENT OF FUNDS FROM A BANK ACCOUNT (ITEM “D” PART 3 OF ARTICLE 158 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) p> The article analyzes the problems of using insignificance in the qualification of embezzlement of funds from a bank account. The commission of theft from a bank account is a qualified part of the specified crime, in connection with which the current criminal legislation establishes a more substantial scope of legal consequences for persons who have committed such illegal behavior. However, investigative and judicial practice demonstrates a large number of embezzlement of funds from a bank account, which have a relatively small degree of public danger. Based on the conducted research, the author formulated proposals for improving Article 158 of the Criminal Code of the Russian Federation in order to ensure fair punishment for embezzlement of funds from a bank account.
Keywords: theft; embezzlement of funds; theft committed from a bank account; insignificance.
References
1. Ossa E. G. Application of insignificance to the theft of funds from a bank account // Law and the rule of law in the focus of scientific research: a collection of scientific papers. Issue 3. – Khabarovsk, 2022. – P. 203-207.
CRIMINAL LAW
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAB Oxana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
QUESTIONS OF QUALIFICATION OF THREAT TO KILL OR CAUSE SERIOUS HARM TO HEALTH
The article deals with the controversial issues of qualification of a threat to kill or cause serious harm to health. Judicial practice of consideration of criminal cases under Art. 119 of the Criminal Code of the Russian Federation is not characterized by uniformity. There are cases of bringing to responsibility pursuant to Art. 119 with Art. 112 and 115 of the Criminal Code of the Russian Federation, even when the infliction of harm to health follows directly from the threat and is directed at one victim. The authors point out that such a qualification is only possible if these actions were committed against different victims. On the basis of the studied practice, the authors come to the opinion that the courts qualify actions under Art. 119 of the Criminal Code of the Russian Federation, indicating that it is the victim who must actually perceive this threat. According to the authors, proving that the victim really perceived this threat is the second step, first of all, it is necessary to prove that the perpetrator intentionally uttered this threat in order to cause fear in the victim. If real harm to health occurs, then in this case we should talk about other articles of Chapter 16 of the Criminal Code of the Russian Federation.
Keywords: threat of murder, harm to health, reality of threats, qualification of crimes, criminal liability.
References
1. Abyzov R. M. Problems of a comprehensive analysis of regional crime / R. M. Abyzov, P. D. Frizen, I. V. Botvin // Legal Bulletin of the Dagestan State University. – 2018. – T. 28. No. 4. – S. 139-143.
2. Determination of the Constitutional Court of the Russian Federation dated March 23, 2010 No. 368-О-О. – [Electronic resource]. – Access mode: https://legalacts.ru/doc/opredelenie-konstitutsionnogo-suda-rf-ot-23032010-n-368-o-o-ob/ (date of access: 04.05.2023).
3. Portal of legal statistics: official website. – [Electronic resource]. – Access mode: http://crimestat.ru/regions (date of access: 05/04/2023).
4. Ermakova O. V., Botvin I. V., Tarasova L. Ya. [et al.]. Crimes against person and property: problems of interpretation and qualification. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2020. – 64 p.
5. Verdict of the Nizhnevartovsk City Court of the Khanty-Mansiysk Autonomous Okrug No. 1-125/2022. – [Electronic resource]. – Access mode: https://xn--90afdbaav0bd1afy6eub5d.xn--p1ai/62609869 (date of access: 05/04/2023).
6. Sentence of the Industrial District Court of Barnaul No. 10-33/2017. – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/3oMudmO1sVZw/ (date of access: 05/04/2023).
7. Sentence of the Novoaltaysky City Court of the Altai Territory No. 1-217/2023. – [Electronic resource]. – Access mode: https://novaltaisky–alt.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=doc&number=236017934&delo_id=1540006&new=&text_number=1 (date accessed: 04.05.2023).
8. Sentence of the Chita District Court of the Trans-Baikal Territory No. 1-283/2021. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ (date of access: 05/04/2023).
CRIMINAL LAW
CHUKREEV Vadim Andreevich
Ph.D. in Law, Deputy Prosecutor, Prosecutor’s Office of the Sverdlovsk Region
CRIMINAL RESPONSIBILITY IN THE SPHERE OF SURROGACY MOTHERHOOD
The purpose of the work is to assess the quality of legal regulation of public relations inthe field of surrogate motherhood, to consider the possibility of strengthening criminal legal repressions for violations in this area. The method of system analysis, the formal legal method, the method of studying documents, the method of comparative analysis and other methods of scientific knowledge were used. The article explores various approaches to determining the legal nature of the surrogate motherhood process, an attempt was made to eliminate inter-industry collisions. The expediency of making adjustments to the current legislation on surrogate motherhood is considered, taking as a model some provisions of foreign legislation. It seems important to clearly define who exactly can use the technology of surrogate motherhood, excluding the widespread interpretation of the provisions of Art. 55 of the legislation on the protection of the health of citizens. The significance of the work lies in the fact that it formulates provisions aimed at certain preventive adjustments to the legislative framework.
Keywords: surrogate motherhood, exploitation, health protection, qualification problems, criminal law, contract, improvement of legislation.
References
1. Balandina A. For sale: five babies were found in a Moscow apartment. – [Electronic resource]. – Access mode: https://www.gazeta.ru/social/2020/06/23/13127743.shtml.
2. Maltseva V., Gorbunov F. Dear children: who organized a network for child trafficking in Moscow. – [Electronic resource]. – Access mode: https//iz.ru/1036407/.
3. Civil law: Textbook / Ed. A. P. Sergeev and Yu. K. Tolstoy. – T. 2. – M., 2005. – S. 36-39.
4. The practice of applying the Civil Code of the Russian Federation, parts two and three / Ed. V. A. Belova. – M., 2009. – S. 72-73.
5. Egorova L. Yu. Objective side – one of the most important signs of a crime – human trafficking // Russian investigator. – 2005. – № 3.
6. Chashkova Yu. S. The system of contractual obligations in Russian family law: Dis. … cand. legal Sciences. – M., 2007. – P. 173.
7. Mitryakova E. S. Legal regulation of surrogate motherhood in Russia: dis. … cand. legal Sciences. – Tyumen, 2007. – P. 81.
8. Shapiro I. M. Comparative legal analysis of the terms of surrogate motherhood contracts and paid services // Family and housing law. – 2018. – No. 3. – P. 22.
9. Pestrikova A. A. Problems of the contract on surrogate motherhood // Civil law. – 2006. – № 2. – P. 15-17.
10. Borisova T. E. Surrogacy in the Russian Federation: problems of theory and practice. – M.: Prospekt, 2012.
11. Savelyeva G. M., Sukhikh G. T., Serov V. N. Obstetrics. National leadership. 2nd edition. – M., 2018.
12. Chuprova A. Yu., Dolgushina N. V. On the issue of legal regulation of surrogate motherhood // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (52). – P. 102-109.
13. Svitnev KN Surrogate motherhood: problems of legal regulation and law enforcement // Legal issues of health care. – 2011. – No. 9. – P. 52-61.
14. Kosova O. Yu. Family Code of the Russian Federation and some issues of regulation of marriage and family relations // Jurisprudence. – 1996. – No. 2. – S. 46-53.
15. In Russia, for the first time, a surrogate mother was sentenced for human trafficking // Secret of the Firm. July 27, 2022. – [Electronic resource]. – Access mode: https://secretmag.ru/criminal/
16. The ICR completed the case on the sale of children from surrogate mothers // Kommersant. August 16, 2022. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5514006: child trafficking: investigators contacted former law enforcement officers Vesti, March 21, 2021. – [Electronic resource]. – Access mode: https://www.vesti.ru/article/2542711.
17. Naumov A. V. Russian criminal law. General part: Course of lectures. – M., 1996. – P. 154.
18. Kulakova N. G., Kharkovsky E. L. Responsibility for human trafficking under the current criminal legislation of the Russian Federation // Russian investigator. – 2005. – № 8.
19. Report of the Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and the production of other child sexual abuse material // Human Rights Council Thirty-seventh session 26 February-23 March 2018 Agenda item 3 Promotion and protection of all human, civil, political, economic, social and cultural rights, including the right to development.
20. Barras K. Why childbirth is so difficult and dangerous. https://www.bbc.com/russian/vert-earth-39554501//2017
CRIMINAL LAW
KNYAZKINA Anastasia Konstantinovna
Ph.D. in Law, associate professor, associate professor of the Department of criminal law and criminologyof the Kuban State University
IMPLEMENTATION OF THE INTERNATIONAL IMMUNITY STANDARDS IN THE RUSSIAN CRIMINAL LAW
The article examines the issues of implementation of the international legal norms providing for the granting of immunity into the Russian criminal legislation. The types of immunities, the procedure and scope of their provision on the basis of relevant international treaties are considered, and the conclusion is made about the completeness of the implementation of these norms in the Criminal Code of the Russian Federation.
Keywords: immunity, diplomatic agent, consul, special mission, head of an international organization.
References
1. Gigineishvili M. T. Immunity of senior officials: correlation between the practice of the International Court of Justice and the International Criminal Court // Eurasian Law Journal. 2022. No. 5 (168). pp. 33-38.
2. Inogamova-Khegay L. V. International criminal law: textbook. allowance. M.: Prospekt, 2015. 112 p.
3. Russian criminal law. General part: textbook for universities / Ed. V. P. Konyakhin and M. L. Prokhorova. M.: Contract, 2014. 560 p.
4. Prokhorova M. L., Knyazkina A. K., Silchenko E. V. Action of international criminal law in space // Society: politics, economics, law. 2022. No. 8 (109). pp. 43-52.
5. Criminal law of the Russian Federation. General part / Ed. B.C. Komissarov, N. E. Krylova, I. M. Tyazhkova. M., 2012. 879 p.
CRIMINAL LAW
ALKHIMENKO Yuliya Valerjevna
postgraduate student of the Faculty of Training Scientific Personnel of the University of the Prosecutor’s Office of the Russian Federation
PROSPECTS FOR APPLICATION OF ELECTRONIC CRIMINAL CASE IN THE RUSSIAN FEDERATION
The article discusses the prospects for the use of an electronic criminal case in the context of digitalization of criminal procedural evidence in the Russian Federation. The author analyzes the foreign experience of conducting criminal proceedings in electronic form which makes it possible to assess the prospects and feasibility of its introduction into domestic law. An analysis of the amendments made to the Russian criminal procedure law allows us to conclude that the legislator is progressively developing the rules governing the possibility of using an electronic criminal case.
Keywords: criminal trial, electronic criminal case, electronic evidence, electronic means of proof, electronic document, information system, digitalization, investigative actions, electronic information, electronic media.
References
1. Abdulvaliev A.F. Background and prospects for the introduction of an electronic form of a criminal case in the activities of the judiciary // Law and Politics. – 2013. – No. 1. – P. 58-65.
2. Strogovich M. S. The course of the Soviet criminal process: in 2 volumes. – M .: Nauka, 1968. – T. 1. – 470 p.
3. Silnov M. A., German A. S. The practice of using videoconferencing in criminal proceedings // Criminal process. – 2012. – No. 9. – P. 56-59.
4. Bashkatov Ya. N. and others. Criminal procedural law of the Russian Federation: textbook. / Rev. ed. I. L. Petrukhin, I. B. Mikhailovskaya. – 3rd ed., revised. and additional – M.: Prospekt, 2010. – 688 p.
5. Silnov M. A. On the deposition of evidence and the prospects of the institute of investigative judges // Investigative practice. Issue. 201. – 2017. – P. 95-101.
CRIMINAL LAW
IVANOVA Lyudmila Apollonovna
Ph.D. in Law, associate professor of Administrative law and administrative activities of the DIA of the East siberian Institute of the MIA of Russia, Irkutsk
DOMESTIC EXPERIENCE IN THE FORMATION OF CRIMINAL LIABILITY FOR ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The article examines the stage-by-stage historical prerequisites for the formation and development of Russian legislation in the field of combating illicit trafficking in narcotic drugs and psychotropic substances. Stage 1. Formation of legislation in the field of circulation of highly active and toxic substances (end of the 10th century – 15th century). Stage 2. Gradual systematization of norms for the legal circulation of potent and toxic substances (1497-1845). Stage 3. Formation of specific norms on criminal liability for the illegal circulation of potent and poisonous substances (1845-1922). Stage 4. Formation of a system of norms for the legal circulation of narcotic, potent and poisonous substances in Soviet law (1918-1960). Stage 5. Separation of crimes, the subject of which are narcotic drugs and psychotropic substances, from crimes, the subject of which are potent and poisonous substances. (1960-1966).
Keywords: narcotic drugs, circulation of psychotropic substances.
References
1. Russian legislation of the X-XX centuries. In 9 volumes. T. I. Legislation of Ancient Rus’. Ed. V. L. Yanina. – M.: Yurid. Lit., 1984. – S. 148-150.
2. Kalachev B. F. What do we know about this? From the history of the spread of drugs and drug addiction in Russia. The euphoria of decay. – M.: Young Guard, 1991. – S. 42-51.
3. Code of punishment for criminal and correctional punishments of the Russian Empire of 1845 – St. Petersburg: Printing house of the second branch of His Imperial Majesty’s own Chancellery, 1845. – P. 439.
4. Charter medical 1857 // Code of Laws of the Russian Empire. – Volume 13. – St. Petersburg, 1857. – Art. 651.
5. New Criminal Code. – St. Petersburg: Edition of the Kamennoostrovsky Legal Bookstore V.P. Anisimova, 1903. – S. 79.
6. Code of Laws of the Russian Empire in Five Books. Book Five. T. XIII-XIV.
7. Butler W. E. Drugs and HIV/AIDS in Russia: the legal status of harm reduction programs in Russia. – M., 2006. – S. 43.
8. Collection of documents on the history of the criminal legislation of the USSR and the RSFSR, 1917-1952. – M., 1953. – S. 28.
CRIMINAL LAW
KOSTENKO Alla Igorevna
postgraduate student of Criminal law sub-faculty of the Volgograd State University
THE PUNITIVE CONTENT OF THE RESTRICTION OF LIBERTY, ITS REFLECTION IN THE CRIMINAL LAW AND SPECIFICATION IN THE PROCESS OF LAW ENFORCEMENT
The article is dedicated to a comprehensive study of the punitive content of the restriction of liberty and its reflection in the criminal law. The author examines the key aspects, analyzes the components of the punitive function of this type of punishment. The issue of the sufficiency of the punitive potential of restriction of liberty and its compliance with the goals of imposing criminal punishment continues to be debatable. The problems of law enforcement established by Article 53 of the Criminal Code of the Russian Federation are identified and described. On the basis of the analysis carried out, the conclusion about the need to make changes to the current criminal and criminal-executive legislation is substantiated.
Keywords: restriction of liberty, punitive content, criminal punishment, criminal law, penitentiary inspection, system of electronic monitoring of controlled persons.
References
1. Diamonds A. V. Restriction of freedom: issues of sentencing // Criminal Law. – 2017. – № 3.
2. Dolgikh T. N. Some features of the legal and organizational nature of the appointment and execution of criminal punishment in the form of restriction of freedom // Russian justice. – 2015. – № 1.
3. Zarembinskaya E. L. Electronic monitoring of controlled persons. Practice, problems, prospects // Crime and punishment. – 2014. – № 3.
4. Kosnyreva T. A. Restriction of freedom in the system of criminal penalties: problems of legislative and practical nature // Vedomosti of the Penitentiary System. – 2011. – № 6.
5. Leist O. E. Essence of law. Problems of theory and philosophy of law. – M., 2002.
6. Martyshin O. V. Private, national and global interests: conflicts of moral values // State and Law. – 2016. – № 12.
7. Pomoshchikova N.V. The historical aspect of the institution of criminal punishment in the form of restriction of freedom: Russian and foreign experience // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 3 (21).
8. Rakhmatulin Z. R. Analysis of individual aspects of recidivism of those sentenced to restriction of freedom // Modern law. – 2018. – № 1.
9. Sokolov IV Restriction of freedom as a form of criminal punishment. – M.: Yurlitinform, 2013.
10. Criminal law of the Russian Federation. General part: textbook for universities / N. N. Belokobylsky, G. I. Bogush, G. N. Borzenkov and others; ed. V. S. Komissarov, N. E. Krylova, I. M. Tyazhkova. – M.: Statute, 2012.
CRIMINAL LAW
STROKAN Viktor Sergeevich
adjunct of Criminal policy sub-faculty of the Academy of Management of the MIA of Russia
THE CONCEPT AND CRIMINAL LAW FEATURES OF CRIMES COMMITTED IN THE FINANCIAL AND CREDIT SPHERE
The article analyzes various points of view on the list of crimes in the field of financial and credit relations under criminal law, provides the author’s definition of the concepts of “crimes in the financial and credit sphere”. The author singles out the criminal law features of crimes in the sphere of financial and credit relations according to the Criminal Code of the Russian Federation. The article deals with the relationship of various elements of crimes in the sphere of financial and credit relations. As well as a comparative analysis on a group basis of private homogeneous relations.
Keywords: crime, fraud, illegal receipt of a loan, accounts payable, lending, financial and credit relations.
References
1. Zolotova N. M. Crimes in the sphere of lending: author. dis. … cand. legal Sciences. – M., 2008. – 27 p.
2. Truntsevsky Yu.V. Financial security: the concept and types of financial crimes // Bulletin of the Financial Academy. – 2007. – No. 2. – P. 11-22.
3. Ushchekin S. N. Some problems of prevention of theft committed using electronic means of payment // Modern Science. – 2022. – No. 3. – P. 55-56.
4. Smolin S. V. Topical issues of qualifying fraud in the credit sphere // Criminal law. – 2014. – No. 6. – P. 65–72.
5. Martynenko N. E. Victim of a crime: criminal law or criminal procedure concept? // State and law. – 2013. – No. 3 (2). – P. 140-142.
6. Rastoropova O. V. Crimes in the sphere of lending: criminal law and criminological aspects: author. dis. … cand. legal Sciences. – M., 2011. – 25 p.
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
GREBENYUK Alexandra Sergeevna
cadet of the 3rd course of the Crimean branch of the Krasnodar University of the MIA of Russia
ELECTRONIC INFORMATION CARRIERS – THE CONCEPT AND SIGNIFICANCE IN EVIDENCE DURING PRELIMINARY INVESTIGATION IN A CRIMINAL CASE
The relevance of the research topic is beyond doubt. The situation that has developed at this stage in the development of criminal procedural law calls for the development of new scientific approaches in defining the very concept, meaning and content of the concept of an electronic information carrier, as well as in identifying the necessary procedural grounds and tactics in carrying out investigative actions to seize and examine electronic media in criminal proceedings. The emerging need for an in-depth analysis of the criminal procedure rules that define the provisions on electronic media, addressing issues that should be related to new provisions for defining the concept of an electronic media, distinguishing it from other types of evidence, regulating judicial authorization during investigative actions to seize and inspection of electronic media and information on it in all cases depends on the improvement of legislation and existing practice in criminal proceedings.
Keywords: electronic media of information, other documents, material evidence, a copy of information from electronic media.
References
1. Balashova A. A. To the question of the concept of “Electronic evidence” // Law and law. – 2018. – S. 2.
2. Voronin M. I. Electronic evidence in the Code of Criminal Procedure: to be or not to be? // Lex Russica. – 2019. – P. 8.
3. Grigoriev V. N., Maksimov O. A. The concept of electronic information carriers in criminal proceedings // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (84). – P. 40.
4. Karavaev NL Phenomenon of informatization: terminological analysis of the concept // Informatization of education and science. – 2014. – No. 4 (24). – P. 4-6.
5. Krasnova L. B. Electronic information carriers as physical evidence // Bulletin of the Tula State University. Economic and legal sciences. – 2022. – S. 1.
6. Morugina N. A. Sidorova E. I. The concept, signs and nature of physical evidence in the modern criminal process in Russia // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – S. 210.
7. Safronov A. Yu. The use of information technology in the criminal court // Lex Russica. – 2022. – P. 106.
8. Tkachev A. V. Issues of using electronic media of computer information in criminal proceedings as evidence of other documents // Bulletin of the Tula State University. Economic and legal sciences. – 2016. – P. 437.
9. Fedyukina A. Yu. Electronic media as evidence in criminal cases // Otechestvennaya jurisprudence. – 2016. – S. 2.
10. Shigurov A. V. The concept of electronic information carriers and electronic traces in the Russian criminal process // Social norms and practices. – 2020. – P. 46.
CRIMINAL PROCEDURE
KOSTINA Elena Nikolaevna
adjunct of the St. Petersburg University of the MIA of Russia, major of police
INTERROGATION OF A MINOR VICTIM WITH LIMITED HEALTH OPPORTUNITIES (LHO) AT THE STAGE OF PRELIMINARY INVESTIGATION
The article examines the problems of interrogation of a minor victim with limited health opportunities, considers the possibility of conducting a medical and psychological examination of this category of children before conducting the interrogation procedure, raises the question of the expediency of a doctor’s participation in conducting procedural actions with this category of citizens.
On the example of the analysis of criminal cases, it is clearly seen how non-compliance with the norms of legislation in relation to children with special health development can affect the recognition of the evidence obtained as inadmissible.
Proposals have been developed to improve the quality of law enforcement practice.
Keywords: minors with disabilities, investigators, doctor, interrogation, medical and psychological examination.
References
1. Shirova (Pashaeva) E. Kh., Pashaev Kh. P. Briefly about the features of interrogation of participants in criminal proceedings with disabilities // Ensuring the rights of participants in criminal proceedings with disabilities: a compensatory approach. – 2021. – P. 125-128.
2. Correctional pedagogy [Text]: textbook. allowance for ped. universities in the subject “Correctional Pedagogy” / I.A. Zaitsev [i dr.]; ed. V.S. Kukushkin. – 3rd ed., revised. and additional – Rostov n / a: March: Phoenix, 2010. – 352 p.
CRIMINAL PROCEDURE
LUKYANOVA Elena Alexandrovna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
ON THE QUESTION OF THE FORMS OF APPLICATION OF SPECIAL KNOWLEDGE IN THE DETECTION AND INVESTIGATION OF PENITENTIARY CRIMES
This article discusses the features of the use of special knowledge in the detection and investigation of penitentiary crimes. The role of specialists and experts in participating in investigative actions is substantiated. Of scientific interest to the author of this article is the procedural form of the use of special knowledge, regulated by the norms of Criminal Procedure legislation. Attention is focused on the use of special knowledge and technical and forensic tools in the disclosure and investigation of crimes committed in places of deprivation of liberty. In conclusion, the conclusion is made about the influence of special knowledge on the course of disclosure and investigation of penitentiary crimes, the effectiveness of the process of disclosure and establishment of the truth on the crime under investigation.
Keywords: penitentiary crimes, expert, specialist, investigator, special knowledge., investigation of penitentiary crimes, law enforcement agencies.
References
1. Akchurin A. V. Theoretical foundations and applied aspects of the investigation of penitentiary crimes: Abstract of the dissertation for the degree of Doctor of Law. – Krasnodar. 2022. – 53 p.
2. Shurukhnov N. G. Correlation between the concepts of “special knowledge” and “special knowledge” provided for by the criminal procedural legislation of the Russian Federation // Criminal law, criminal procedural and forensic issues of combating crime: Collection of scientific papers based on the materials of the V All-Russian Scientific -practical conference (symposium). – Krasnodar, November 15, 2019.
3. Shurukhnov N. G. Procedural and organizational features of the interaction of investigators of the Investigative Committee of the Russian Federation with the operational commissioners of the operational units of the Federal Penitentiary Service / Collection of materials of the VII All-Russian scientific and practical conference. – Ryazan, December 16, 2021. 2022. – P. 379-386
4. Criminal case No. 11702610009180310 was initiated on October 4, 2017 by the Investigative Committee of the Investigative Committee for the Ryazan Region.
5. Danilova I. Yu., Zharko N. V., Novikova L. V. Tasks of the initial stage of the investigation of penitentiary crimes // Eurasian Law Journal. – 2019. – No. 10 (137). – S. 204-206. – EDN PRMGXE.
6. Averyanova T. V. Forensic examination. General theory course. – M.: Norma, 2009. – 480 p.
7. Eisman A. A. Expert opinion (structure and scientific justification). – M .: Legal literature, 1967. – 151 p.
CRIMINAL PROCEDURE
LOGACHEV Konstantin Konstantinovich
lecturer of Criminal procedure sub-faculty of the Barnaul Law Institute of the MIA of Russia
ACTUAL PROBLEMS ARISING IN THE DETECTION AND INVESTIGATION OF ENVIRONMENTAL CRIMES
This paper examines the problems that arise in the detection and investigation of environmental crimes. Attention is drawn to the fact that often officials of environmental authorities themselves are caught committing and concealing environmental crimes. This negatively affects the detection of environmental crimes in general. In addition, the author points to the problem of insufficient technical equipment of law enforcement and environmental authorities. As a result of the study, measures are proposed to improve the detection of environmental crimes.
Keywords: law enforcement agencies, environmental authorities, disclosure, investigation, environmental crimes.
References
1. In Kuzbass, a poacher inspector from the Department for the Protection of Wildlife was caught. – [Electronic resource]. – Access mode: https://v1.ru/text/criminal/2022/04/14/71256236/ (date of access: 03/01/2023).
2. Officials-poachers from the Ministry of Natural Resources were fired in Yakutia. – [Electronic resource]. – Access mode: https://yakutsk.bezformata.com/listnews/chinovnikov-brakonerov-iz-minprirodi/16838396/ (date of access: 03/01/2023).
3. Greenpeace succeeded in initiating a criminal case on the fact of hiding the real area of forest fires in the Vladimir region. – [Electronic resource]. – Access mode: https://vedom.ru/news/2019/03/21/34229-grinpis-dobilsya-vozbuzhdeniya-ugolovnogo-dela (date of access: 03/01/2023).
4. Kaluga forest warden will pay a 500,000th fine for a bribe. – [Electronic resource]. – Access mode: https://pressa40.ru/kaluzhskiy-lesnichiy-zaplatit-500-tysyachnyy-shtraf-za-vzyatku/ (date of access: 03/01/2023).
5. Brief description of the state of crime in the Russian Federation for January – December 2022. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/35396677/ (date of access: 03/01/2023).
6. Forest area in Russia increased by 171 thousand hectares over the year. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/14895175 (date of access: 03/01/2023).
7. Fatneva I. V. Natural resources of Russia and their role in the world economy // International scientific and technical conference of young scientists of BSTU named after. V. G. Shukhov. – Belgorod, 2019. – P. 3663-3666.
8. The price of the issue is 100 thousand rubles and a carcass of a pig: near Volgograd, a forester was convicted of bribery and bribery. – [Electronic resource]. – Access mode: https://v1.ru/text/criminal/2022/04/14/71256236/ (date of access: 03/01/2023).
9. Experts considered drones to be an innovative way to monitor and analyze the forest. – [Electronic resource]. – Access mode: https://rg.ru/2021/09/16/eksperty-sochli-drony-innovacionnym-sposobom-monitoringa-i-analiza-lesa.html (date of access: 03/01/2023).
CRIMINAL PROCEDURE
MAKEEVA Irina Alexandrovna
senior investigator of the second investigation division for the second investigation department (with the location in the city of Saint Petersburg) of the Main investigation department of the Investigative Committee of the Russian Federation
USE OF VIDEOCONFERENCING IN PRE-TRIAL PROCEEDINGS AS A GUARANTEE OF ACCESS TO JUSTICE FOR THE PARTICIPANTS OF CRIMINAL PROCEEDINGS
The article considers the investigative actions with the use of videoconferencing systems from the point of view of implementation of guarantee of access to justice through the application of article 189.1 of the Code of Criminal Procedure of the Russian Federation. The purpose of the study is to identify problems that hide the effective application of this legal norm. The article contains proposals for improvement of article 189.1 of the Code of Criminal Procedure of the Russian Federation in order to simultaneously implement access to justice for citizens and ensure the ease of application of this norm for law enforcement agencies.
Keywords: criminal procedure, videoconferencing, access to justice, accessibility, legality.
References
1. Vyatkin F., Zaitsev S., Zilberman S. Videoconferencing when considering cassation complaints // Russian Justice. – M.: Yurid. lit., 2000. – No. 6. – S. 11-12 / [Electronic resource] URL: https://wiselawyer.ru/poleznoe/10341-videokonferencsvyaz-rassmotrenii-kassacionnykh-zhalob?ysclid=levbmn5f1x267977478 (accessed 05.03. 2023)
2. Rotar AI Accessibility of justice as a condition for obtaining judicial protection // Theory and practice of social development. 2014 No. 6. // Khors Publishing House: website. [Electronic resource]. – Access mode: http://teoria-practica.ru/rus/files/arhiv_zhurnala/2014/6/yurisprudentsiya/rotar.pdf (accessed 16.04.2023)
3. Sheremetiev I. I. The use of modern digital technologies in the trial of criminal cases in remote mode // Bulletin of the University named after O. E. Kutafin. 2020. No. 10 (74). pp. 97-107
CRIMINAL PROCEDURE
SERDYUKOVA Elena Vladimirovna
Ph.D. in Law, associate professionalssor, associate professor of Legal and special disciplines sub-faculty of the Stavropol branch of the RANEPA under the President of the Russian Federation
CHUNIKHA Angelika Arslanovna
Ph.D. in Law, associate professor, associate professor of Legal and special disciplines sub-faculty of the Stavropol branch of the RANEPA under the President of the Russian Federation
PROBLEMS OF ENSURING CERTAIN PROVISIONS OF CRIMINAL PROCEDURE LEGISLATION IN CORRESPONDENCE PROCEEDINGS IN SEVERE AND ESPECIALLY SEVERE CASES
The article deals with the problems of implementing the principles of the criminal process in absentia proceedings in criminal cases on grave and especially grave crimes. The issues of ensuring the general conditions of the trial in absentia are analyzed.
Keywords: principles of criminal procedure, general conditions of judicial proceedings, equality of rights of the parties, adversarial nature, immediacy and orality, proceedings in absentia.
Reference 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) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru
2. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on April 28, 2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru
3. Evenenko G. S. Topical issues of proof in criminal proceedings // Actual problems of law enforcement and management at the present stage of society development. Collection of articles based on materials of the II National Correspondence Scientific and Practical Conference. – Stavropol, 2020. – P. 110.
4. Kaigorodov A. A. Correlation between the concepts of the principles of the criminal process and the general conditions of the trial // Bulletin of the Tomsk State University. – 2011. – No. 342. – P. 134.
5. Kubaev M. Kh. M. Defender as a subject of proof in criminal proceedings // Actual problems and prospects for the development of modern science. Collection of scientific papers based on materials of the VIII International Scientific and Practical Conference. – Stavropol, 2022. – P. 105.
6. Kupreychenko S. V. Proceedings in absentia in the Russian Federation in criminal cases on grave and especially grave crimes: monograph. – M.: Yurlitin-form, 2022. – P. 57.
7. Solovyov S. A. Favoring the defense as a procedural mechanism for ensuring the equality of the parties in criminal proceedings in Russia: dis. … cand. legal Sciences. – M., 2019. – S. 41.
CRIMINAL PROCEDURE
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
FEATURES OF CARRYING OUT SOME INVESTIGATIVE ACTIONS IN THE INVESTIGATION OF CRIMES COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The article discusses the most relevant methodological recommendations for the investigation of crimes using information and communication technologies. When investigating such elements of a crime, investigators need to perform a wide range of tasks to clarify the circumstances of a criminal case and collect evidence. Each criminal case is individual, but in many ways the production of investigative actions in the investigation of a crime using information and communication technologies coincides with the general rules. This article draws attention to the peculiarities of the production of certain investigative and procedural actions related to the characteristic features of these crimes.
Keywords: information and communication technologies, production of investigative actions, computer information.
References
1. Kumysheva M. K., Fedina L. M. Actual problems of countering crimes in the field of information and communication technologies // Education and Law. – 2022. – No. 8. – S. 301-305.
2. Evdokimov K. N. Criminological and criminal law aspects of countering crimes committed using information and communication, computer and other high technologies: monograph. – Irkutsk, 2021. – 283 p.
3. Gogolev S. A. Problems of detecting and investigating cybercrimes // Skif. – 2021. – No. 11 (63). – S. 194-198.
CRIMINAL PROCEDURE
GADZHIALIEVA Adelina Teymurkhanovna
adjunct of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF IMPLEMENTATION OF ARTICLE 6.1. OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION IN CASE OF SUSPENSION OF PROCEEDINGS IN A CRIMINAL CASE
The author in this work points out the need to give a unified definition of reasonable terms of criminal proceedings. Conducting criminal liability measures for unjustified prolongation of the terms of the proceedings on the case by the preliminary investigation bodies. The problems of implementing the provisions on reasonable terms of criminal proceedings in the case of suspension of proceedings in a criminal case are analyzed. It reflects the need to suspend the running of the statute of limitations when suspending proceedings in a case. The article also discusses the materials of the practice of law enforcement of Article 6.1. of the Criminal Procedure Code of the Russian Federation.
Keywords: a reasonable term, criminal proceedings, suspension of proceedings, limitation, victim, crime.
References
1. Code of Criminal Procedure of the Russian Federation No. 174-FZ dated December 18, 2001 (as amended on April 28, 2023).
2. Order of the Prosecutor General’s Office of Russia dated September 17, 2021 No. 544 “On the organization of prosecutorial supervision over the procedural activities of the preliminary investigation bodies” // Legality. – 2021. – № 12.
3. Determination of the Constitutional Court of the Russian Federation of September 23, 2010 No. 1211-O-O “On the refusal to accept for consideration the complaint of a citizen of Bagaturia Vadim Vyacheslavovich about the violation of his constitutional rights by articles 6.1, 37, 123, 124 and 162 of the Code of Criminal Procedure of the Russian Federation” // ATP “ConsultantPlus”.
4. Barkalova E. V. To the question of the termination of the criminal case on a tax crime // Taxes. – 2021. – No. 1. – P. 25-29.
5. Kamchatov K. V., Bulanova O. V. “Active” and “passive” term as varieties of a reasonable term of criminal proceedings // Russian justice. – 2019. – No. 6. – P. 37-39.
6. Cassation ruling of the First Cassation Court of General Jurisdiction dated January 25, 2022 No. 88a-2937/2022 in case No. 3a-214/2021 // ConsultantPlus SPS.
7. Cassation ruling of the First Cassation Court of General Jurisdiction dated November 29, 2021 No. 88a-29418/2021 // ConsultantPlus SPS.
CRIMINAL PROCEDURE
MELODIEV Alexey Alexandrovich
postgraduate student of the 4th course of the University of the Prosecutor’s Office of the Russian Federation
GENESIS OF MEASURES OF RESTRAINT, CHOSEN IN RESPECT OF MINORS, IN DOMESTIC CRIMINAL PROCEEDINGS
The article discusses the stages of formation and development of criminal procedural measures of restraint, chosen in relation to minors, in domestic criminal proceedings. The author carried out a comparative analysis of the institute of preventive measures chosen for minors at various stages of its development in domestic criminal proceedings, identified the most significant stages and legislative developments in these periods.
Keywords: preventive measures, minors, genesis, criminal procedure institute, criminal proceedings.
References
1. Federal Law “On Amendments to the Code of Criminal Procedure of the Russian Federation regarding the selection and application of preventive measures in the form of a ban on certain actions, bail and house arrest” dated April 18, 2018 No. 72-FZ // ConsultantPlus SPS.
2. Charter of criminal proceedings with later legalizations, legislative motives, clarifications of the ruling Senate and circulars of the Minister of Justice / Comp. M. P. Shramchenko and V. P. Shirokov. – St. Petersburg, 1911. – S. 158.
3. Kamardina A. A. Development of criminal procedural legislation governing the application of a measure of restraint in the form of detention // Bulletin of the Orenburg State Agrarian University. – 2014. – No. 6 (50). – S. 251.
4. Kutuev E. K. The development of the institution of coercion in the criminal process in Russia in the XVIII – the first half of the XIX century. // History of state and law. – 2007. – No. 10. – S. 17.
5. Orlov A. V. The system of preventive measures in Russia: the history of formation and development prospects // Bulletin of the Samara Law Institute. – 2019. – No. 1 (32). – S. 87.
6. Foinitsky I. Ya. Course of criminal proceedings: in 2 volumes – St. Petersburg, 1996. – T. 2. – S. 318.
CRIMINAL PROCEDURE
AKBAROV Ilnar Irekovich
magister student of Criminal law and process sub-faculty of the Institute of Law of Ufa University of Silence and Technology
THE CONCEPT OF SPECIAL ECONOMIC KNOWLEDGE AND ITS USE IN CRIMINAL PROCEEDINGS
The article analyzes the concept of special economic knowledge. On the basis of the presented judgments, the author’s definition of the concept of special economic knowledge is formulated. The paper also pays attention to the use of special economic knowledge in criminal proceedings. It is noted that they are of great valuee at the stage of preliminary investigation, during the production of which, often, there is insufficient information about the crime committed and the persons involved in it. The necessity of involving persons with special economic knowledge during the verification of a report on the commission of an economic crime is proven, since the investigator does not always and insufficiently possess such knowledge. It is concluded that in criminal proceedings in cases of economic crimes, it is necessary to use all forms of special economic knowledge: attracting a specialist, conducting a forensic examination, etc. It is the active use of this knowledge that will significantly increase the detection of economic crimes, and thereby increase the effectiveness of the criminal process.
Keywords: special economic knowledge, skills and abilities, economic crimes, economic crimes, specialist, criminal process, investigator.
References
1. Golubyatnikov S. P., Gorbacheva A. V. Forms of using special knowledge in detecting and investigating economic crimes: a comparative analysis // Actual problems of using special knowledge in detecting and proving economic crimes: Proceedings of the interuniversity scientific and practical conference October 22, 2019 – Nizhny Novgorod: Stimulus-ST, 2020.
2. Ignatieva V. A. To the question of the use of special psychological knowledge in criminal proceedings // Alley of Science. – 2022. – V. 1. – No. 6 (69).
3. Kakalyev Sh., Tyachmukhammedova S., Saparova Sh. The value of economic knowledge // In Situ. – 2023. – № 1.
4. Kaunov A. M., Usenko A. S. Forms of special knowledge used in the disclosure and investigation of criminal bankruptcies // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2023. – № 1 (59).
5. Kaunov A. M., Usenko A. S. Forms of special knowledge used in the disclosure and investigation of criminal bankruptcies // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (59).
6. Klimovich L.P., Valentinavichyute I.G. On the issue of tactics of using special economic knowledge by a lawyer in a criminal case // Business. Education. Right. – 2022. – № 3 (60).
7. Miftahova L. A. Problems of participation of a psychologist in the criminal process: dis. … cand. legal Sciences. – Ufa, 2001.
8. Shapiro L. G. Situational approach to the use of special knowledge in the investigation of crimes in the sphere of economic activity // Forensic expert. – 2013. – No. 3.
CRIMINAL AND EXECUTIVE LAW
GORKINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, Deputy Head of Management and organization of activities of the UIS sub-faculty of the Academy of the FPS of Russia
EDUCATIONAL IMPACT ON CONVICTS: PROBLEMS AND PROSPECTS IN THE FIELD OF EXECUTION OF SENTENCES WITHOUT ISOLATION FROM SOCIETY
The author in the article considered the features of educational work in the field of execution of sentences without isolation of convicts from society, focusing on the introduction of the system of electronic monitoring of controlled persons into the activities of the penitentiary inspections of the Federal Penitentiary Service of Russia, modernization of the system of accounting and control of convicts. Using the example of the Federal Penitentiary Service of Russia in the Tver region, I analyzed the level of repeated crime among persons registered with criminal enforcement inspections.
Keywords: educational work, means of correction of convicts educational impact, electronic monitoring system of controlled persons, modernization of the system of accounting and control of convicts.
References
1. Romanova S.V. The practice of using electronic bracelets: history and modernity // Concept. – 2015. – No. 2.
CRIMINAL AND EXECUTIVE 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»
SADYKOVA Regina Aidarovna
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”, captain of the internal service
THE INFLUENCE OF THE SOCIAL ENVIRONMENT ON THE FORMATION OF THE PERSONALITY OF JUVENILE OFFENDERS
This article discusses the process of forming the personality of juvenile offenders. The features that are caused by various factors affecting this process are analyzed. Comprehensive measures are also proposed that can help in solving the problem of the formation of the personality of juvenile offenders.
Keywords: juvenile delinquent, social environment, illegal behavior, deviant behavior, crime, teenager.
References
1. Chubarova A. Influence of the social environment on the formation of juvenile delinquency // Bulletin of science and practice. – 2021. – V. 7. No. 3. – S. 287-292.
2. Zlokazov K. V., Kappushev S. S., Ivanova A. M. Individual and social factors of vindictive behavior // Applied Legal Psychology. – 2019. – No. 1 (46). – P. 69-76.
3. Radchenko E. P. The American system of juvenile justice // Legal regulation and organization of the protection of the rights of juvenile convicts: Collection of round table materials, Moscow, October 29, 2021 / FKU NII FSIN of Russia, 2021. – Moscow: Federal State Institution ” Research Institute of Information Technologies of the Federal Penitentiary Service”, 2021. – P. 152-155, Moscow, October 29, 2021 / FKU Research Institute of the Federal Penitentiary Service of Russia, 2021. – Moscow: Federal State Institution “Research Institute of Information Technologies of the Federal Service execution of punishments”, 2021. – P. 152-155.
4. Tikhonova N. E. The lower class in the social structure of Russian society // Sociological research. – 2011. – № 5. – S. 24-35.
5. Zorina N. S. Professional self-determination of youth as a social phenomenon // Modern scientist. – 2022. No. 3. – P. 265-267.
6. Pavlova L. V. On the creation of a special federal executive body in the field of protecting the rights of children // Administrative activities of law enforcement agencies of the Russian Federation and foreign countries: Collection of materials of the All-Russian scientific and practical conference dedicated to the 20th anniversary of the Department of Administrative and Financial Law of the Academy of the Federal Penitentiary Service Russia, Ryazan, April 21, 2022 / Under the general editorship of E. V. Senatova. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2022. – P. 85-88.
7. Federal Law of December 30, 2020 No. 489-FZ “On Youth Policy in the Russian Federation” Access from reference. – legal system “ConsultantPlus”.
CRIMINAL AND EXECUTIVE 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 Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF PREVENTING THE PENETRATION OF PROHIBITED ITEMS INTO THE TERRITORY OF CORRECTIONAL INSTITUTIONS
The article analyzes the features of preventing the penetration of prohibited items into the territory of correctional institutions. In correctional institutions, there are always those convicts who violate the established order, resist correction. Convicts can, bypassing the existing system of technical means, find ways to penetrate prohibited items into the territory of the correctional institution. An important aspect of countering the penetration of prohibited items into the territory of the IU is obtaining information about their capabilities, knowledge, and analysis of this information by the personnel of the UIS. When analyzing the specified information, the employees of the penitentiary system should develop specific measures to optimize the system of technical means aiming at safety in a correctional institution.
Keywords: penal enforcement system, prohibited items, convict, crime, prevention, technical means of supervision and control.
References
1. UFSIN performance indicators. [Electronic resource]. – Access mode: https://63.fsin.gov.ru/activities/results/ (date of access: 05/10/2023)
2. Karetnikov K. V. Blocking the channels for the entry of prohibited items to educational colonies of the Federal Penitentiary Service of Russia: organizational and legal aspects // Development of the penitentiary system: organizational, legal and economic aspects: Collection of materials of the international scientific and practical conference, within the framework of the international legal forum “Law and Economics: National Experience and Development Strategies”, Novosibirsk, May 28, 2021. – Novosibirsk, Novokuznetsk: Novosibirsk State University of Economics and Management; FKOU VO Kuzbass Institute of the Federal Penitentiary Service of Russia, 2021. – P. 72-76.
3. Order of the Ministry of Justice of Russia dated July 4, 2022 No. 110 “On approval of the Rules for internalof the schedule of pre-trial detention centers of the penitentiary system, the Internal Regulations of Correctional Institutions and the Internal Regulations of Correctional Centers of the Penitentiary System” // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: www.pravo.gov.ru (date of access: 10.05.2023)
4. Key performance indicators of the penal system for 2022 – Tver, 2023. – P. 32.
CRIMINAL AND EXECUTIVE LAW
UNTEROV Vladimir Anatoljevich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SOME ASPECTS OF COUNTERACTION CRIMES AGAINST LIFE AND HEALTH IN CORRECTIONAL INSTITUTIONS
The article examines objective and subjective determinants affecting the mechanism of penitentiary crimes against life and health. On this basis, several groups of specific conflicts are identified that generate crime against life and health in places of forced isolation from society.
Keywords: crime, life, health, convict, conflict, prevention, determinant.
References
1. Report on the state of crime among persons held in institutions of the penitentiary system // Key performance indicators of the penitentiary system for January-December 2022. Information and analytical collection. FKU NIIIT FPS of Russia. – Tver, 2023. – P. 25.
2. Report on the state of crime among persons held in institutions of the penitentiary system // Key performance indicators of the penitentiary system for January-December 2022. Information and analytical collection. FKU NIIIT FPS of Russia. – Tver, 2023. – S. 29-30.
3. Kachurova E. S. Circumstances of victimization from violent crimes in places of deprivation of liberty // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 6-7.
4. Kazak B. B. Security of the penitentiary system: monograph / Ed. S. P. Ponomarev, S. A. Dyachkovsky. – Ryazan, 2001. – S. 90.
CRIMINAL AND EXECUTIVE LAW
KHASANOVA Svetlana Kuzminichna
Editor of the journal «Vedomosti of the penal system», retired colonel
MONITORING OF CONVICTS WITHOUT ISOLATION FROM SOCIETY IN THE ASPECT OF IMPROVING THE PREDICTION OF THEIR ILLEGAL BEHAVIOR
The article deals with the issues of predicting the conduct of convicts serving non-custodial sentences, in particular, their possible evasion from the supervision of members of penitentiary inspections during the sentence serving period. The role of inspectorate psychologists in carrying out psychodiagnostic and psychocorrective assessments, the possibilities of the programs utilised in their work in order to predict the further conduct of convicted persons are noted. Conclusions are drawn regarding the expediency of improving the existing methods for predicting the behavior of convicts in order to prevent their evasion from penitentiary supervision.
Keywords: criminal enforcement inspections, prognosis, psychologist, initial investigative measures, concealment from control, methodology.
References
1. Avanesov Georgy Artashesovich (1934-2014) // Academy of Management of the Ministry of Internal Affairs of Russia: [website]. [Electronic resource]. – Access mode: https://a.mvd.rf/nauka/scientific-potential/outstanding-scientists-academy-of-mv/item/10074381/.
2. Glotochkin A. F., Pirozhkov V. F. Mental states of a person deprived of freedom. M., 1968.
3. Ragimov I. M. Individual prediction of the behavior of the convict in the process of execution of punishment // Legal sciences and education. 2019. No. 58.
4. Debolsky M. G. Normative and legal support of the activity of the psychological service of the penitentiary system at various stages of its development // Criminal Executive Law. 2018. No. 1. P. 70-74.
5. Recommendations for individual prediction of the behavior of probationers: the “Portrait” technique / Comp. K. N. Taralenko. M.: PRI, 2003. 24 p.
6. Kutukov S. A., Smirnov S. N. Actual problems of searching for persons sentenced to punishment without isolation from society // Man: crime and punishment. 2016. No. 3. P. 100-104.
CRIMINALISTICS
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ALEXEEV Anton Olegovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
PICHUGIN Dmitriy Alexandrovich
senior lecturer of tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
ORGANIZATION OF OPERATIONAL INVESTIGATIVE ACTIVITIES FOR THE IDENTIFICATION, PREVENTION, SUPPRESSION AND DISCLOSURE OF CRIMES IN THE FIELD OF HUMAN TRAFFICKING BY OPERATIONAL UNITS
Human trafficking is one of the types of crimes punishable by criminal law legislation, the purpose of which is the purchase and sale of people for profit. The crime committed in the field of human trafficking is conditioned as a transnational criminal encroachment on the freedom, honor and dignity of the individual. The presented research is dedicated to the issues of detection, prevention, suppression and disclosure of crimes in the field of human trafficking by operational units. A comprehensive analysis of operational investigative measures allowing to solve this crime has been carried out, as well as a list of causes, conditions and circumstances that give rise to human trafficking in the modern world.
Keywords: human trafficking, prostitution, transnational crime, operational search.
References
1. Levchenko O. P. Counteraction to human trafficking and human exploitation: legal, organizational and forensic aspects: Monograph. – M.: Academy for the Study of National Security Problems, 2006. – P. 132.
2. Khomyakov N. G. On the practice of applying criminal law related to human trafficking // Palermo Convention. Protocol No. 3: The UN context and Russian realities: Proceedings of the conference. – M.: Center for assistance to survivors of sexual violence “Sisters”, 2005. – P. 28.
3. Davletov V. I. Lawful behavior: concept and content // Eurasian legal journal. – 2019. – No. 6 (133). – P. 376-377.
CRIMINALISTICS
EREMIN Sergey Germanovich
Ph.D. in Law, professor, professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia
RESHNYAK Olga Alexandrovna
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia,
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
INCREASING THE EFFICIENCY OF THE PRODUCTION OF FORENSIC ACCOUNTING EXPERTISE BASED ON DATA ASSOCIATED WITH THE USE OF COMPUTER TOOLS
In the article, the authors give a classification of forensic examinations of the economic direction. highlighting as a priority of them – forensic accounting expertise, coupled with the use of computer tools. From the above classification, the authors substantiate that forensic accounting expertise covers the widest range of issues of economic content, since here are the issues of establishing the amount of income received or expenses incurred, and the reflection of individual facts of economic life in accounting, and the establishment of the amount of material damage caused, etc.
Keywords: Efficiency, forensic accounting expertise, computer tools, facts of economic life, material damage, digitalization, crime investigation, a unified system of interdepartmental interaction.
References
1. Eremin S. G., Reshnyak O. A. Digital literacy as a way to improve the quality of crime investigation // Lawyer-Pravoved. 2022. No. 2 (101). pp. 46-51.
2. Solovieva LN Man in the global virtual space: a philosophical dimension // Society: philosophy, history, culture. 2016. No. 12. P. 38-40.
3. Karmazin T. Values and key competencies in the era of digital society // Business Excellence. [Electronic resource]. – Access mode: https://ria-stk.ru/ds/adetail.php?ID=181143 (date of access: 03/01/2022).
CRIMINALISTICS
ZHUKOV Nikolay Ivanovich
lecturer of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
KASHIRSKIY Dmitriy Yurjevich
Ph.D. in technical sciences, associate professor, Head of Computer science and special technology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAREV Denis Olegovich
Deputy Head of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
CONDUCTING OPERATIONAL INVESTIGATIVE MEASURES AGAINST WITNESSES
This article discusses some aspects of the conduct of operational investigative measures, namely the subtleties and cases of the use of operational investigative measures against witnesses, in which cases their conduct is appropriate and justifies the expended means of their application. The legal grounds for conducting operational investigative measures against witnesses are considered in detail. The analysis of the tactical aspects of the practical implementation of operational investigative activities in cases where the object is witnesses. Separately, the situations in which the conduct of operational investigative measures against a witness is not only desirable, but also a necessary condition for the successful counteraction of crime are indicated.
Keywords: operational search measures, victim, investigation, disclosure of crime, bodies of inquiry, criminal punishment.
References
1. Muzafin R. R. Tactical methods of interrogating the suspect and the accused for giving truthful testimony // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2021. – No. 1. – P. 206-209. – EDN QFKGBJ.
2. Federal Law No. 144-FZ of August 12, 1995 (as amended on June 28, 2022) “On Operational Investigative Activities”
3. Nosova D.Kh., Murtazin A.I. Human rights // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2020. – No. 1. – P. 316-319. – EDN RRKZEF.
4. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020)
3. Petrova D.S. The problem of using the results of covert operational-search measures in proving criminal cases. — Text: direct // Young scientist. – 2019. – No. 40 (278). – S. 131-135. – [Electronic resource]. – Access mode: https://moluch.ru/archive/278/62832/ (date of access: 04/14/2023).
CRIMINALISTICS
KUNDAKCHYAN Vladimir Olegovich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
VLEZKO Dmitriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the I. T. Trubilin Kuban State Agrarian University
INTERACTION OF THE INVESTIGATOR WITH THE BODIES CARRYING OUT OPERATIONAL INVESTIGATIVE ACTIVITIES DURING THE INVESTIGATION OF CRIMES
In the article, the author considers the legal basis, forms and types of interaction between the investigator and the bodies carrying out operational-search activities. When studying the topic, judicial practice is analyzed and the problems of this interaction are identified, followed by a proposal for ways to improve the interaction of the investigator with the bodies carrying out operational-search activities.
Keywords: investigator, investigation of crimes, operational-search activity, interaction of the investigator.
References
1. Bakhteev D. V., Drapkin L. Ya. Interaction of investigators with bodies of inquiry and other participants in the investigation of crimes // Electronic supplement to the Russian legal journal. – 2017. Bagiev Kh. B. Problems of correlation of the procedural independence of the investigator with the procedural control of the head of the investigative body // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2011. – No. 1. – P. 50-55.
2. Vlezko D. A., Salykina D. A. On the issue of criminal liability for crimes related to extremist activity // Polythematic network electronic scientific journal of the Kuban State Agrarian University (Scientific journal of KubGAU). – Krasnodar: KubGAU, 2017. – No. 08 (132). pp. 104-116. – IDA [article ID]: 1321708010. [Electronic resource]. – Access mode: http://ej.kubagro.ru/2017/08/pdf/10.pdf, 0.812 c.u.l.
3. Vetrova O. A. To the question of the interaction of the investigator and the bodies carrying out operational-search activities in the investigation of crimes // Actual problems of criminal and civil proceedings. – 2016. – S. 31-38.
4. Ilyasov A. I. Forms of interaction between the investigator and the body carrying out operational-search activities // Young scientist. – 2021. – No. 47 (389). – S. 200-202.
5. Kozlovsky P. V. Crime investigation planning // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (50). – P. 90-97.
6. Chvalev A. A. Interaction of the investigator with the bodies carrying out operational-search activities in the investigation of crimes. – Text: direct // Young scientist. – 2022. – No. 45 (440). – S. 203-207.
CRIMINALISTICS
MUSTAFINA Gulnara Mazhitovna
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
LUZKO Dmitry Nikolaevich
Deputy Head of Operational investigative activities and special equipment in the DIA sub-faculty of the East Siberian Institute of the MIA of Russia
KHAKHALKINA Ulyana Viktorovna
Associate Professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa Institute of Science and Technology
LEGAL AND OPERATIONAL-INVESTIGATIVE CHARACTERISTICS OF CRIMES RELATED TO ILLEGAL ARMS TRAFFICKING
In the article, the authors consider certain aspects of the legal and operational-investigative characteristics of crimes related to illegal firearms trafficking. The article presents the key points that need to be taken into account by law enforcement agencies when organizing effective counteraction to illegal arms trafficking, which is one of the most important tasks at the moment in our state. The use in the practice of internal affairs bodies of criminal-legal and operational-investigative characteristics of crimes related to illegal arms trafficking in their interrelation allows not only to effectively identify and disclose these crimes, but also to ensure a high level of preliminary investigation on them.
Keywords: criminal-legal characteristics of crimes, operational-investigative characteristics of crimes, crimes related to illegal arms trafficking, operational-investigative activities, operational-investigative measures.
Reference bibliography
1. In Russia, the number of crimes involving weapons has increased by almost 30% // RBC: news portal. [Electronic resource]. – Access mode: https://www.rbc.ru/society/23/11/2022/637ccfa59a79478ef (date of access: 04/20/2023).
2. Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996 (as amended on April 28, 2023) // Consultant Plus SPS (Accessed on April 29, 2023).
3. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on April 28, 2023) // ConsultantPlus SPS (accessed on April 29, 2023).
CRIMINALISTICS
SAFONOV Andrey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Training and Research Complex of Forensic Examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, Deputy Head of Criminal process sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE CORRECNESS OF DOCUMENTING THE INVESTIGATIVE EXPERIMENT
This article emphasizes the importance of accurately documenting the process and the results of the investigative experiment, since the protocol will be considered evidence in court. The protocol of the investigative experiment must be completed at the scene of the incident to provide an accurate description of the situation. The protocol consists of introductory and descriptive parts, and typical mistakes possible in its design are non-compliance with the law, incorrect or incomplete description of experimental actions, stylistic errors. The course and results of the investigative experiment can be recorded using audio, video or photography. The video recording is especially useful because it allows you to visually and dynamically demonstrate the progress and results of the investigative experiment.
Keywords: investigative experiment, protocol, evidence, criminal case, requirements of the law, admissibility, audio recording, video recording, errors, procedural errors.
References
1. Levi A. A., Gorinov Yu. A. Sound recording and video recording in criminal proceedings. – Moscow: Jurid. lit., 1983. – 109 p.
2. Pobedkin A. V., Yashin V. N. Investigative actions: monograph. – Moscow: Yurlitinform, 2016. – 185 p.
3. Sergeev VV The specifics of the production of an investigative experiment in the conditions of counteraction to the investigation of a crime // Problems of law enforcement. – 2018. – No. 4. – P. 60-65.
CRIMINALISTICS
FEDINA Lyubov Mikhaylovna
Ph.D. in Law, lecturer of Special technical training sub-faculty of the North Caucasus Institute of advanced training (branch) of the Krasnodar University of the MIA of Russia, major of police
FEDIN Murat Anatoljevich
Investigator of the Iriston MSO for Vladikavkaz of the Investigative Department of the Investigative Committee of the Russian Federation for the RSO-Alania, major of justice
METHODOLOGICAL FEATURES OF THE DISCLOSURE AND INVESTIGATION OF MURDERS COMMITTED IN CONDITIONS OF NON-OBVIOUSNESS.
This article attempts to study in detail the circumstances of the commission of crimes in the absence of eyewitnesses, their significance in the criminogenic situation, the impact on the development of the rule of law as a whole and the realization of its capabilities to protect citizens. Based on the conducted research, the authors have identified the criminalistic characteristics and features of the methods of disclosure and investigation of this category of crimes. The main mistakes made by law enforcement officers are formulated as conclusions, and some ways of solving them are proposed.
Keywords: murder, crime, disclosure, investigation, non-obviousness, examination, interrogation, suspect, witness, evidence.
References
1. Brief description of the state of crime in the Russian Federation for January-March 2023 // Ministry of Internal Affairs of the Russian Federation: official reference book of the FKU “GIAC of the Ministry of Internal Affairs of Russia”, 04/07/2023. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/37377025/ (date of access: 05/10/2023).
2. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on April 14, 2023). – [Electronic resource]. – Access mode: Access from the reference legal system “Garant”. http://garant.ru (date of access: 04/30/2023).
3. Gauzhaeva V. A. Features of the formation and fixation of the mental image of a person who committed a crime from the words of the victim // Gaps in Russian legislation. – 2018. – No. 2. – P. 212-214.
4. Zyuzina I. V. The mechanism of crimes against property committed in conditions of non-obviousness as a source of forensically significant information // Law and State: Theory and Practice. – 2020. – No. 12 (192). – P. 163-165.
5. Kolesnikov A. V. The concept and characteristics of crimes against a person committed in conditions of non-obviousness // Asia-Pacific region: economics, politics, law. – 2015. – No. 17 (3). – P. 115-126.
6. Zyuzina I. V. Identification of a trace picture of crimes committed in conditions of non-obviousness // Law and Law. – 2020. – No. 7. – P. 167-171.
CRIMINALISTICS
SAIDOVA Shuanat Magomedalievna
magister student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University
IMPROVING THE ACTIVITIES OF INVESTIGATIVE BODIES ON THE APPLICATION OF A PREVENTIVE MEASURE IN THE FORM OF DETENTION
The article analyzes the norms of the criminal procedure law and the practice of their implementation on the issue of applying a preventive measure in the form of detention. Detention is the most severe measure of restraint and therefore requires detailed compliance in practice with the rules governing the procedure for its application. The activities of the bodies of preliminary investigation and inquiry are analyzed when submitting a petition to the court for election, extension of a measure of restraint in the form of detention, gaps in their activities are identified and possible solutions are proposed.
Keywords: detention, preliminary investigation bodies, court.
References
1. Belozertsev S. M., Balashova A. A. Problems arising when choosing a preventive measure in the form of detention / Text: electronic // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia – 2017. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-voznikayuschie-pri-izbranii-mery-presecheniya-v-vide-zaklyucheniya-pod-strazhu.
2. Gadzhiramazanov P.K. The practice of application by the courts of a measure of restraint in the form of detention / Text: electronic // Bulletin of the Dagestan State University. Series 3: Social Sciences – 2013. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/praktika-primeneniya-sudami-mery-presecheniya-v-vide-zaklyucheniya-pod-strazhu-nuzhdaetsya-v-sovershenstvovanii.
3. Nazarov A. D. Investigative and judicial errors in custody // Russian justice. – 2019. – No. 4. – S. 39-43.
CRIMINOLOGY
ABDULATIPOV Abdulatip Magomedzagidovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University
MAGOMEDOV Shahban Ruslanovich
master of the training profile “Problems of criminal policy and its implementation in the fight against crime” of the Institute of Law of the Dagestan State University
URUMOV Asker Valerjevich
Ph.D. in Law, senior lecturer of Special and technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
FEATURES OF TERRORIST COMMUNITY CRIMINOLOGICAL CHARACTERISTICS IN THE MODERN PERIOD
The relevance of the research lies in special social danger of terrorist communities and the encroachments they commit, as well as in the need to develop effective preventive measures to counter their activities, taking into account modern internal and external terrorist threats. The article provides a detailed analysis of the criminological characteristics of terrorist communities creation and participation in them at the present stage. As the most dangerous factor the authors note unsuccessful attempts of the special services of states hostile to Russia to form a terrorist network on its territory to engage in sabotage and terrorist activities, because the conduction of a special military operation to demilitarize and denazify Ukraine.
At present, the Russian Federation has become an object and territory of an international hybrid war. All this is accompanied by a large surge in anti-State terrorism and by young people’s involvement in international terrorist organizations. Taking into account these factors, the authors propose measures aimed at ensuring public safety, preventing sabotage and terrorist activities, strengthening the anti-terrorist security of life support and strategic facilities.
Keywords: terrorist crimes, terrorist community, organized group, structured organized group, criminological characteristics, counteraction.
References
1. Abdulatipov A. M., Urumov A. V. Features of the formation of “sleeping cells” of terrorist structures (on the example of the Republic of Dagestan). Eurasian legal journal. – 2022. – No. 10. – P. 422-426.
2. Abdulatipov A. M. Criminal and legal problems of organized terrorist activity // Legal Bulletin of DGU. – 2021. – No. 4. – P. 101-107.
3. Bushmin S.I., Moskalev G.L. Commentary on the criminal law on countering terrorist and extremist activities: monograph. – Krasnoyarsk: Sib. feder. un-t, 2018. – 172 p.
4. Data from the statistical tables of the Information Center of the Ministry of Internal Affairs for the Republic of Dagestan.
5. Merkuriev V. V., Sokolov D. A., Vasnetsova A. S. et al. Criminological study of the personality of a participant in terrorist activities / Ed. ed. V. V. Merkuriev. – M.: Prospekt, 2022. – 368 p.
6. Criminal case No. 49012 dated February 24, 2014 // Archive of the Supreme Court of the Republic of Dagestan.
7. Urumov A. V. Features of training employees of the territorial bodies of the Ministry of Internal Affairs of Russia for the use of X-ray television systems designed to detect the facts of concealment of explosives and explosive devices, weapons, ammunition and other dangerous objects and substances // Gaps in Russian legislation. – 2022. – No. 5. – S. 18-26.
CRIMINOLOGY
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activity of internal affairs sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
VALIEVA Albina Rifovna
Ph.D. in political sciences, associate professor of Economics and management sub-faculty of the Bashkir State Agrarian University
KOVALEV Timur Vitaljevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
PROFILING: SOME ASPECTS OF THE INVESTIGATION ОF SERIAL CRIMES
This article describes the profiling method as a new way to identify the psychological characteristics of criminals and compile a criminal profile for the investigation of serial crimes. The article analyzes in detail the factors that are taken into account when forming a psychological portrait of a criminal, and also describes the process of compiling a criminal profile. The authors note that profiling can be an effective tool in the investigation of serial crimes, but it has its limitations and disadvantages, which should also be taken into account. The general purpose of the article is to demonstrate the importance of profiling and its potential in the fight against serial crimes.
Keywords: profiling, serial crimes, psychological profile, criminal profile, criminal identity.
References
1. Volchetskaya T. S., Abramovsky A. A. Forensic profiling in Russia and abroad // News of TulGU. Economic and legal sciences. – 2018. – No. 4-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminalisticheskiy-profayling-v-rossii-i-za-rubezhom (date of access: 05/17/2023).
2. Turvey Brent E. Criminal profiling. An introduction to behavioral evidence analysis. – Academic Press, 2011. – 728 p.
3. Bryukhnov A. A., Kovalchuk V. A. Profiling as a method for determining the psychological and forensic portrait // Criminal Executive Law. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profayling-kak-method-opredeleniya-psihologo-kriminalisticheskogo-portreta (date of access: 05/17/2023).
4. Dzikonskaya S. G. Criminological profiling: concept and types // Actual problems of the humanities and natural sciences. – 2015. – No. 4-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminologicheskiy-profayling-ponyatie-i-vidy (date of access: 05/17/2023).
CRIMINOLOGY
KIYASHKO Kristina Sergeevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
FEATURES OF CRIMINOLOGICAL CHARACTERISTICS OF THE PERSONALITY OF A CONVICTED MEMBER OF THE EXTREMIST MOVEMENT “A.U.E.”
This study analyzes the specifics of the criminological characteristics of persons committing extremist crimes. In particular, convicts involved in extremist organizations “A.U.E.” Their socio-role, socio-demographic and moral-psychological properties of personality are investigated. To date, there is no theoretical description in the criminological literature of the personality characteristics of criminals studied in this study – members of the extremist organization “A.U.E.”, which determines the relevance of the study.
The objective of the work is the objective need to study, analyze and systematize the features of the personal characteristics of convicted members of the MOD “A.U.E.” in the criminological aspect to improve the efficiency of detection of crimes committed by law enforcement officers.
This study suggests ways to improve the prevention of crimes committed by members of the extremist organization “A.U.E.”, taking into account the personality characteristics of the criminals in question.
Keywords: extremism, personality, extremist criminal, typology, extremist organization “A.U.E.”.
References
1. Official website of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/activity/statistics (date of access: 02/01/2023).
2. Antonyan Yu. M., Kudryavtsev V. N., Eminov V. E. The identity of the offender. – St. Petersburg, 2004. – 366 p.
3. Poznyshev SV Criminal psychology. Criminal types. – Leningrad: State Publishing House, 1926. – 270 p.
4. Sergeeva A. V. Features of pre-trial proceedings in criminal cases on crimes of an extremist orientation: author. dis. … cand. legal Sciences. – M., 2012. – 30 p.
5. Kiyashko K. S. Extremist movement “A.U.E.”: criminalo-legal aspect // Law and state: theory and practice. – 2021. – No. 11 (203). – 652 p.
6. Prozumentov L. M., Shesler A. V. Criminal legal means of combating group crime // Bulletin of the Tomsk State University. Right. – 2022. – No. 43. – P. 86-96. doi: 10.17223/22253513/43/7.
7. Borisov S. S. Crimes of extremist orientation: problems of legislation and law enforcement: author. dis. … doc. legal Sciences. – M., 2012. – 435 p.
8. Antonyan Yu. M. et al. Some distinctive psychological features of the personality of careless criminals // Personality of criminals and individual impact on them. – M., 1989. – 388 p.
CRIMINOLOGY
SELIVERSTOVA Mariya Gennadjevna
THE PROFESSIONAL RISKS OF THE LAWYER’S ACTIVITY OR THE DISCREDITING OF THE RIGHTS OF LAWYERS AS A CRIMINOLOGICAL FACTOR IN THE COMMISSION OF CRIMES
This article provides examples of violations of the professional rights of lawyers by officials who act as an independent determinant in the formation of the criminological factor of crimes. It is noted that it is necessary to take measures to eliminate these destabilizing factors in the course of the lawyer’s performance of his duties in order to protect the rights of the latter, as well as the interests of his principals.
Keywords: professional risks of advocacy, advocacy, criminological risks, attorney.
References
1. Renn O. Three decades of risk research // Questions of risk analysis. – 1999. – V. 1. No. 1. – S. 80-99.
2. Code of professional ethics of a lawyer: adopted by the I All-Russian Congress of Lawyers on January 31, 2003 // Consultant Plus: a reference legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_44841/ (date of access: 04/23/2023).
3. Kanter D. Criminal psychology / Per. from eng. Tapabanova E. M.-Kh.: Publishing house “Humanitarian Center”, 2021. – P. 44.
LAW ENFORCEMENT
IDILOV Ayub Ibragimovich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Peoples’ Friendship University of Russia
THE CONCEPT OF ARTIFICIAL INTELLIGENCE IN A LEGAL CONTEXT
The article considers a comprehensive analysis of the concepts of artificial intelligence in the legal aspect and for regulating the spread of innovations in this area. The goal is to identify common concepts or discrepancies that should be taken into account when evaluating artificial intelligence legal systems and identifying problems in its application and development. Some chronic manifestations of the signs of artificial intelligence are proposed, as well as an assessment of the benefits and risks in the detection of normative diseases.
Keywords: artificial intelligence, law, judicial system, foreign legislation.
References
1. Association for Computing Machinery’s (ACM) Committee On Professional Ethics (COPE). Code of Ethics. Ed. 2018.
2. BBC Ideas. Could artificial intelligence replace governments? video. Animated by Kong Studio. 3 October 2019. https://www.bbc.com/ideas/videos/could-artificial-intelligence-replace- governments/p07px5jb (Accessed on April 2020)
3. Dennis, Michael Aaron. Marvin Minsky. Encyclopedia Britannica, 2023. [Electronic resource]. – Access mode: https://www.britannica.com/biography/Marvin-Lee-Minsky
4. EU, Directive n°2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs. OJ L 111, 5 May 2009, p. 16–22.
5. European Commission, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of 33 the Regions on Artificial Intelligence for Europe, COM(2018) 237 final, Brussels, 25 April 2018.
6. High Level Expert Group on Artificial Intelligence (AIHLEG), A definition of AI: Main capabilities and scientific disciplines, 8 April 2019.
7. High Level Expert Group on Artificial Intelligence (AIHLEG), Ethics Guidelines for Trustworthy 34 AI, 8 April 2019.
8. High Level Expert Group on Artificial Intelligence (AIHLEG), Ethics Guidelines for Trustworthy 34 AI, 8 April 2019.
9. IEEE Global Initiative for Ethical Considerations in Artificial Intelligence (AI) and Autonomous Systems (AS). [Electronic resource]. – Access mode: https://standards.ieee.org/news/2017/ieee_p7004.html (Accessed on April 2020).
10. Institute for Applied Psychometrics (IAP), Webpage on Cattell-Horn-Carroll (CHC) Theory and evolutions. [Electronic resource]. – Access mode: http://www.iapsych.com/CHCPP/CHCPP.HTML (Accessed on April 2020)
11. Cohn J. Google’s Algorithms Discriminate against Women and People of Color, Epub: Bright Magazine. May 16, 2019.
12. Mendoza-Caminade, Le droit confronté à l’intelligence artificielle des robots: vers l’émergence de nouveaux concepts juridiques? Recueil Dalloz (8 / 7677), 25 February 2016, p. 445 (in French).
13. Morozov V., Chukreev V., Rizayeva D. Legal regulation of technologically improved people in the United States and China // BRICS Law Journal. – 2022. – Vol. 9. No. 4. – P. 4-20. – DOI 10.21684/2412-2343-2022-9-4-4-20. – EDN VLEYZA
14. Epstein R., Roberts G., Beber G. Parsing the Turing Test: Philosophical and Methodological Issues in the Quest for the Thinking Computer. Ed. Springer, 2009.
15. Raffaele Giarda, Camilla Ambrosino, Artificial Intelligence in the administration of justice // Baker & McKenzie International blog. 2022
16. Ghaffary S. The algorithms that detect hate speech online are biased against black people, Epub: Vox. August 15, 2019
17. Techopedia. [Electronic resource]. – Access mode: https://www.techopedia.com/definition/31622/strong-artificial-intelligence-strong-ai (Accessed on April 2020).
18. Tessier V. Bonnemains, C. Saurel. Mettre l’éthique dans l’algorithme? // Blog Binaire du Monde. 2018.
19. UNESCO, Working document: Toward a draft text of a Recommendation on the Ethics of Artificial Intelligence: working document, Virtual discussion of the Ad Hoc Expert Group (AHEG) for the preparation of a draft text of a recommendation on the ethics of artificial intelligence, SHS/BIO/AHEG-AI/2020/3 REV, 2020.
LAW ENFORCEMENT
POPOV Alexander Maximovich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Peoples’ Friendship University of Russia
IMPLEMENTATION OF THE PRINCIPLE OF INDEPENDENCE OF JUDGES IN FOREIGN COUNTRIES
This article is dedicated to the consideration of the provisions of the fundamental principles of the judiciary. As the most general provisions expressing the essence and content of the phenomenon under study, the principles of the judicial system reflect the nature of the judiciary and the level of legal development of society. The status of the judiciary is revealed primarily by formulating the principles for its implementation. The ways in which the judiciary themselves can protect and promote the independence of the judiciary are considered.
Keywords: judicial system, judiciary, status of judges, foreign experience.
References
1. Basic principles of the independence of the judiciary (adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan (Italy), August 26 – September 6, 1985, approved by the resolutions of the UN General Assembly of November 29, 1985 No. 40/32 and of 13 December 1985 No. 40/146)
2. Basic principles of the independence of the judiciary (adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan (Italy), August 26 – September 6, 1985, approved by the resolutions of the UN General Assembly of November 29, 1985 No. 40/32 and dated December 13, 1985 No. 40/146)
3. Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Milan from August 26 to September 6, 1985, and approved by UN General Assembly Resolution 40/32 of November 29, 1985.
4. Rizaeva D. E., Manna. A. A. K. General characteristics of the circumstances excluding criminal liability in France and Germany // Bulletin of the Vladimir Law Institute. – 2016. – No. 4 (41). – S. 188-194. – EDN XDXUTB.
5. “The Ministry of Justice has included Bellingcat and The Insider in the list of undesirable organizations” // Vedomosti, July 26, 2022, 18:15 / Society. [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/news/2022/07/26/933155-minyust-vklyuchil-bellingcat-i-insider-v-spisok.
6. Angela Giuffrida, Lorenzo Tondo – Italy’s far-right interior minister, Matteo Salvini, escalates attack on judges // The Guardian, 2019. [Electronic resource]. – Access Mode: https://www.theguardian.com/world/2019/jun/06/salvini-steps-up-attacks-on-italian-judges-who-challenge-him.
7 Caperton v. Massey Coal, No. 08-22 // 556 US _ (2009)
8. Commissioner for Human Rights of the council of Europe Dunja Mijatović, Turkey needs to put an end to arbitrariness in the judiciary and to protect human rights defenders, 2019.
9.Communication no. 387/1989 Karttunen v. Finland.
10. Contempt of Court, Reporting Restrictions and Restrictions on Public Access to Hearings // Revised: 04 May 2022, updated 09 September 2022|Legal Guidance. [Electronic resource]. – Mode of access: https://www.cps.gov.uk/legal-guidance/contempt-court-reporting-restrictions-and-restrictions-public-access-hearings.
11. Council of Europe Commissioner for Human Rights, Report on visit Poland, 28.06.2019. [Electronic resource]. – Mode of access: https://www.coe.int/en/web/commissioner/-/the-independence-of-judges-and-the-judiciary-under-threat.
12. Dunja Mijatović, The independence of judges and the judiciary under threat // Comments Human Rights comment, Strasbourg. [Electronic resource]. – Mode of access: https://www.coe.int/en/web/commissioner/-/the-independence-of-judges-and-the-judiciary-under-threat.
13. [Electronic resource]. – Access mode: https://www.devex.com/organizations/justice-studies-center-of-the-americas-jsca-60659.
14. Judge Paul L. Friedman, Threats to Judicial Independence and the Rule of Law // American Bar Association, 2019.
15. Judge Paul L. Friedman, Threats to Judicial Independence and the Rule of Law // American Bar Association, 2019.
16. Justice Studies Center of the Americas (JSCA). [Electronic resource]. – Access mode: https://cejamericas.org/en/home/
17. Lionel Cohen, Lecture – The Universality of the Rule of Law as an International Standard, Jerusalem, 2018.
18. Lucy West (2019) The limits to judicial independence: Cambodia’s political culture and the civil law, Democratization, 26:3, 537-553, DOI: 10.1080/13510347.2018.1553956.
19. Mona A. Rishmaw, The Harassment and Persecution of Judges and Lawyers // Center for the Independence of Judges and Lawyers, Gieneva-Switzerland, 1993.
20. Overview/CEELI Institute – Central and Eastern European Law Initiative. [Electronic resource]. – Access mode: https://ceeliinstitute.org.
21. Report following visit to Hungary by Commissioner for human rights of the council of Europe Dunja Mijatović, from 4 to 8 February 2019. [Electronic resource]. – Mode of access: https://rm.coe.int/report-on-the-visit-to-hungary-from-4-to-8-february-2019-by-dunja-mija/1680942f0d.
LAW ENFORCEMENT
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
LEGAL AND ORGANIZATIONAL ISSUES OF THE ACTIVITIES OF THE PEOPLE’S MILITIA IN BULGARIA
This article is one of a series of articles that provide a historical and legal overview of the provisions of the Law on the People’s Militia of the Bulgarian People’s Republic of 10/29/1976, which regulated various aspects of the activities of the police. Specifically, in this article, the author provides an overview of the provisions of the law that regulated the procedure for the use by the police for official purposes of vehicles of organizations and individuals, the appointment and application of preventive administrative measures by the police to certain citizens, as well as some features associated with serving in the police.
Keywords: Bulgaria, police, preventive administrative measures, structure, service.
References
1. “People’s Guard”. – Sofia, 1976, November 16.
2. Ebzeeva E. P. New legislation on the people’s militia in Bulgaria // Abroad: information collection. – M.: VNII MVD USSR, 1977. – S. 21-29.
3. Law enforcement officers of the socialist states. NRB police. 2012. [Electronic resource]. – Access mode: https://picturehistory.livejournal.com/6846355.html?ysclid=li1qepcep0410787201 (accessed 04/25/2023).
LAW ENFORCEMENT
BARYSHNIKOVA Mariya Vladimirovna
student of the 3rd course of the Samara Law Institute of the FPS of Russia
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF THE USE OF UNMANNED AERIAL VEHICLES IN OPERATIONAL SEARCH ACTIVITIES
This article reveals aspects of the use of unmanned aerial vehicles (UAVs) in operational investigative activities. In law enforcement, there is a rapid development of the technical direction, which allows the use of more and more new methods and means to prevent and solve crimes. Unmanned aerial vehicles allow you to get the maximum amount of information, thereby recreating the full picture of the crime and taking measures to find the persons who committed the criminal act. The author highlights the advantages of aircraft over traditional methods, namely: the ability to use devices regardless of weather conditions and time of day, thedetection of objects in hard-to-reach places, and most importantly guarantee the safety of operational personnel. The article provides ways to solve problems related to the activities of UAVs.
Keywords: operational search activity, unmanned aerial vehicles, methods of combating UAVs, finding persons.
References
1. Mityushin D. A. The role and place of systems and complexes with unmanned aerial vehicles in the activities of internal affairs bodies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 12. – P. 123-127.
2. Tkach M. E. Fuzzy identification of extended objects based on the results of satellite monitoring. // Intellectual resources – regional development. – 2019. – No. 1. – P. 104-109.
3. Ivanov D.S. The use of unmanned aerial vehicles by law enforcement agencies in the detection and investigation of crimes // Gaps in Russian legislation. – 2022. – No. 3. – P. 66-68.
4. Leonenko R. I. On the expediency of using unmanned aerial vehicles in the practice of inspection of accident sites in cases related to air crashes // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – M.: Publishing House of Moscow. University of the Ministry of Internal Affairs of Russia. – 2015. -№ 9. – P. 106-107.
5. Kezhov A. A., Grachev Yu. A., Stepanov I. V. Organizational and legal support of unmanned systems in the system of the Ministry of Internal Affairs of Russia // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 40-45.
6. Skory Yu. R., Burmistrov I. A. To the question of the legality of carrying out operational-search measures // Nauka-rastudent. – 2017. – № 2. – P. 87-92.
7. Barrat D. The last invention of mankind: Artificial intelligence and the end of the era of Homo sapiens // Science and intelligence. – 2016. – No. 14. – P. 304-305.
8. Myachkina N. The scope of unmanned aerial vehicles (UAVs) in the modern world // International Scientific and Technical Conference of Young Scientists of BSTU. – 2017. – S. 4736-4739.
9. Vytovtov A. V. The use of unmanned aerial vehicles during cultural events // Computational nanotechnology. – 2015. – No. 4. – S. 69-73.
LAW ENFORCEMENT
GUSEYNOV Amirdzhan Akhmedovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ABAZOV Andemirkan Borisovich
Ph.D. in Law, associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PUGACHEV Alexey Valerjevich
Ph.D. in pedagogical sciences, associate professor of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
AREAS OF WORK TO PREVENT MISTAKES OF LAW ENFORCEMENT OFFICERS IN HANDLING FIREARMS IN EVERYDAY ACTIVITIES
One of the components of the high professionalism of police officers is the ability to wield weapons [1]. This is what is emphasized in the governing documents of the Ministry of Internal Affairs of Russia, which indicate that the fire training of ordinary and commanding personnel is one of the most important directions in solving the tasks facing the internal affairs bodies at the present stage. In order to form and develop the skills of handling firearms among students of educational organizations of the Ministry of Internal Affairs of Russia, it is necessary not only to learn instructional information, but also to analyze typical mistakes of law enforcement officers in the daily handling of firearms. This article provides material for study and analysis in fire training classes.
Keywords: law enforcement officer, firearms, handling firearms, mistakes, warning, fire training.
References
1. Galkin D. M. On the issue of improving the technique of high-speed pistol shooting // Law enforcement agencies: theory and practice. – 2017. – No. 1. – P. 118-120.
2. Guseinov A. A. Actual problems of providing tactical training for employees of internal affairs bodies of the Russian Federation // Actual issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training for employees of internal affairs bodies: Proceedings of the international scientific-practical conference , St. Petersburg, May 21–22, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 189-192.
3. Guseinov A. A., Davletov V. I. On the importance of psychological training of cadets of educational organizations of the Ministry of Internal Affairs of Russia for the use of firearms // Actual problems of the theory and practice of special training in internal affairs bodies: Collection of scientific articles. INSero-Russian Scientific and Practical Conference, Moscow, October 06, 2021. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2021. – P. 98-100.
4. Guseinov A. A., Davletov V. I. The use of modern technical means in conducting classes in tactical and special training // Issues of improving the physical, tactical and special and fire training of police officers for operational activities: Volgograd, 21-28 April 2020. Volume Issue 3. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 36-41.
LAW ENFORCEMENT
KIM Vadim Olegovich
Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
AMELIN Sergey Gennadjevich
associate professor, associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
LESHCHENKO Evgeniy Alexandrovich
lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
ACTUAL PROBLEMS OF SPORTS AND PHYSICAL TRAINING AS AN ACADEMIC DISCIPLINE IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
In this article, the authors reveal and identify ways to solve the problems of sports orientation and physical training in general in educational organizations of the Ministry of Internal Affairs of Russia.
Solving these problems requires an integrated approach and a systematic approach to the organization of physical and special training of law enforcement agencies. It is necessary to develop a high-quality scientific base in this area, improve the level of qualification of trainers and researchers, as well as improve equipment and technologies.
Keywords: physical training, sports, fighting techniques of wrestling, physical activity, training process.
References
1. Stepanov G. I., Babin A. V., Zinnatov R. R. Actual problems in the formation of professional skills in the performance of combat techniques of struggle among employees of departments of internal affairs bodies // Eurasian Law Journal. – 2021. – No. 2 (153). – P. 373-374.
2. Aldoshin A. V. Sport in the professional physical training of police officers // Nauka i praktika. – 2014. – No. 3 (60). – S. 126-129. – ISSN 2311-5300.
3. Babin A. V. Innovative methodology for teaching the discipline “physical training” in educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Physical training of employees of the internal affairs bodies of the Russian Federation. Collection of scientific articles of the All-Russian competition. Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [and others]. – Volgograd, 2022. – S. 11-17.
4. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – P. 473-475.
LAW ENFORCEMENT
KANZAFAROV Marcel Albertovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
AMELIN Sergey Gennadjevich
associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
STRIGA Oleg Nikolaevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
ORGANIZATION AND CONDUCT OF INDEPENDENT PHYSICAL TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses aspects of the organization of independent physical training classes carried out during academic and extracurricular time by cadets and trainees, the procedure for their conduct within the framework of general professional and applied training. The effectiveness of self-development of operational and service skills is substantiated, the importance and inseparability of the development of physical qualities and maintenance of physical activity of students is also noted.
The relevance of the work is determined by the problems of maintaining and improving physical fitness as one of the main factors of the future successful professional activity of police officers, the successful application of their theoretical knowledge in work.
The purpose of the work is to analyze and summarize the main issues of organizing independent physical training, substantiating the role of its implementation.
Keywords: self-preparation, police officers, cadets, physical activity, professional work.
References
1. Babin A. V., Lukyanov A. B. Independent physical training in sports leisure activities of students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Topical issues of improving fire, physical and tactical-special training of students of educational organizations of the Ministry of Internal Affairs of Russia. collection of materials of the All-Russian scientific-practical conference. – Ufa, 2022. – S. 24-26. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=48766023 (date of access: 03/16/2023).
2. Panova O. S., Beletsky A. A., Babin A. V. et al. Organization of the process of independent physical training of students of educational organizations of the Ministry of Internal Affairs of Russia as an element of improving professional training // Global Scientific Potential. – 2022. – No. 11 (140). – S. 180-184. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=50153219 (date of access: 03/17/2023).
3. Kireeva D. I., Kuznetsov M. B. Some aspects of organizing and conducting independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Nauka-2020. – 2021. – No. 9 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-aspekty-organizatsii-i-provedeniya-samostoyatelnoy-fizicheskoy-podgotovki-kursantov-i-slushateley-obrazovatelnyh (date of access: 03/16/2023).
4. Babin A. V. Innovative methodology for teaching the discipline “physical training” in educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Physical training of employees of the internal affairs bodies of the Russian Federation. Collection of scientific articles of the All-Russian competition. Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [and others]. – Volgograd, 2022. – S. 11-17. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=50343373 (date of access: 03/16/2023).
5. Broev A.Kh. Organization of independent physical training of students of higher education institutions of the Ministry of Internal Affairs of Russia // Education. The science. Scientific personnel. – 2019. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-samostoyatelnoy-fizicheskoy-podgotovki-slushateley-vuzov-mvd-rossii.
6. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – S. 473-475. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114. (date of access: 03/18/2023).
LAW ENFORCEMENT
STUKANOV Ilya Andreevich
postgraduate student of the Russian Customs Academy, chief detective of the Central Investigative Customs Office of the Federal Customs Service
DETECTIVE ACTIVITY OF THE RUSSIAN CUSTOMS AUTHORITIES IN THE CONDITIONS OF THE SINGLE ECONOMIC SPACE OF THE EAEU: PROBLEMATIC ISSUES, SOLUTIONS, DEVELOPMENT PROSPECTS
The relevance of the research topic is due to a set of circumstances that directly affect the organization of ensuring Russia’s foreign economic security as a member of the Eurasian Economic Union (EAEU). For the purposes of the study, it is necessary to identify problematic issues of the implementation of investigative activities in the conditions of the single economic space, as well as to develop proposals for improving this activity. The empirical basis was the personal experience of the author’s service in the customs authorities of the Russian Federation; in addition, the dialectical method, the logical method, the method of comparative legal analysis, the method of analogy and extrapolation were used. In the course of the study of the available tools for interstate interaction of detective units of customs authorities in the fight against cross-border crime, the absence of an extraterritoriality mechanism during detective activities, differences in the qualification of customs torts, as well as the legal status of customs authorities as subjects of the detective activities in Russia and other EAEU member states was revealed. In order to improve the mechanisms of detective activities in the conditions of the single economic space of the EAEU, proposals have been put forward to amend the regulatory regulation of this activity at the national and interstate levels, as well as a number of practical measures.
Keywords: customs authorities, detective activity, investigative unit, Eurasian Economic Union, common Economic Space, cross-border crime, international cooperation.
References
1. Makarov A. V., Zhukova A. S. Law enforcement activities of the customs authorities of the Russian Federation in the conditions of the Customs Union // Legal World. – 2016. – No. 10. – P. 49-53.
2. Yakovets E. N. Problems of combating cross-border crime within the framework of the Commonwealth of Independent States // International criminal law and international justiceI. – 2021. – No. 1. – P. 15-18.
3. Kaldyshev A. N. Improving the model legislation in the field of security in the border space // Mezhdunarodnoe pravo. – 2019. – No. 2. – P. 34-41.
4. Karpika A. G. Topical issues of improving the legal regulation of the operational-search activity of the states – participants of the Eurasian Economic Union // YuP. – 2021. – No. 2 (97). – P. 126-130.
5. Fundamentals of operational-search activity: textbook: in 2 volumes. Vol. 1: General part / S. P. Zhdanov, O. G. Karpovich, E. S. Nedosekova and others; foreword V. B. Mantusova; ed. A. Yu. Shumilova. – M.: RIO of the Russian Customs Academy. – 2020. – 430 p.
6. Parmanasov A.D. Legislative regulation of operational-search activities in the countries-participants of the Eurasian Economic Union (based on the materials of the internal affairs bodies): dis. … cand. legal Sciences: – St. Petersburg, 2017. – 263 p.
7. Model law “On operational-search activity”. [Electronic resource]. – Access mode: http://docs.cntd.ru/document/902050857 (accessed 24.04.2023)
8. Laptev R. A., Kovarda V. V., Bolycheva E. A. Study of the role of the customs authorities of the EAEU countries in ensuring the economic security of national states and the integration association as a whole // Bulletin of Eurasian Science. – 2021. – No. 2. – P. 1-22.
9. Laptev R. A., Rogov R. A. Study of the role of customs authorities in ensuring the economic security of Russia in the context of globalization // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 1-1. – P. 77-85.
10. Nagaev A. M. The concept and signs of operational-search activity in the countries-participants of the Eurasian Economic Union // Issues of Russian justice. – 2021. – No. 1 5. – P. 557-565.
LAW ENFORCEMENT
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
MEDVEDEVA Inna Nikolaevna
senior researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
LAW ENFORCEMENT ACTIVITIES OF THE PEOPLE’S SECURITY CORPS OF THE CZECHOSLOVAK SOCIALIST REPUBLIC: HISTORICAL AND LEGAL REVIEW
In the early 70s, the ruling party and the Government of the Czechoslovak Socialist Republic adopted the Law “On the People’s Security Corps”. The People’s Security Corps was an integral part of the Ministry of Internal Affairs of Czechoslovakia. Considering the special position of the corps in the system of internal affairs bodies, the legislator assigned to it an extensive set of tasks in the field of ensuring public order and ensuring the state security of the country from protecting the state from the hostile activities of third countries to ensure road safety. At the same time, the legislator, endowing the corps employees with broad powers in the field of law enforcement, also embodied the principles of humanism, concern for the honor, dignity and authority of citizens. So, for the first time, citizens were allowed to refuse to testify in the event of a threat of initiation of a criminal case.
Keywords: Czechoslovakia, internal affairs bodies, law enforcement, historical and legal review.
References
1. Ebzeeva E. P. New legislation on the internal affairs bodies of Czechoslovakia // Abroad: information collection. – M.: VNII MVD USSR, 1977. – S. 36-38.
2. Zakon z dne 24 dubna 1974. About sboru narodni bespecnosti // “Zbirka zalconu”. – 1974. – № 6.
3. Federal Ministry of Internal Affairs of Czechoslovakia. 2023. [Electronic resource]. – Access mode: https://shieldandsword.mozohin.ru/soyuznik/cz/fmv6989/index.htm (date of access: 05/25/2023).
LAW ENFORCEMENT
IVANCHENKO Evgeniy Sergeevich
Ph.D. in pedagogical sciences, Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia
MINGULOV Ilnur Rashitovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
MUKHANOV Yuriy Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
FORMATION OF POWER ABILITIES IN THE FRAMEWORK OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article deals with the problem of the development of strength endurance among police officers in the process of their professional and service training. This physical quality plays a huge role in the formation of the general physical training of employees, ensuring the most effective performance of service and combat tasks aimed at ensuring law and order and legality, respect for human and civil rights and freedoms. The degree of resistance and resistance to external influences, the possibility of using the maximum resource of the body in extreme situations depends on the development of strength and strength endurance.
The paper describes the main means and methods of developing strength qualities, the principles of building strength training, and also substantiates the importance of developing strength and strength endurance as fundamental physical qualities in the professional activities of law enforcement officers.
The relevance of the work is determined by the requirement of constant and purposeful development of the physical qualities of employees of the internal affairs bodies, improving the level of their physical indicators that affect the possibility of skillful and correct use of physical force. In modern conditions, high demands are placed on police officers regarding professional physical training in order to combat crime.
Keywords: professional training, physical training, power, endurance, power abilities, police officer.
References
1. On the approval of the Manual on the organization of physical training in the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450.
2. Babin A. V., Mingulov I. R. Features of the formation of power abilities among employees of the Internal Affairs Directorate of the Russian Federation in the process of their physical training // In the collection: Improving the physical training of law enforcement officers. collection of scientific articles. – Orel, 2022. S. 30-33. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=49242525 (date of access: 03/16/2023).
3. Kardanov A. K. On the methods of improving the strength endurance of employees of special units of law enforcement agencies // Science and sport: modern trends. – 2018. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-metodah-sovershenstvovaniya-silovoy-vynoslivosti-sotrudnikov-spetsialnyh-podrazdeleniy-pravoohranitelnyh-organov (date of access: 04/07/2023).
4. Khazhirokov V. A. Features of the formation of power abilities among police officers in the process of their physical training // Science and sport: modern trends. – 2018. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-formirovaniya-silovyh-sposobnostey-u-sotrudnikov-ovd-v-protsesse-ih-fizicheskoy-podgotovki (date of access: 04/07/2023).
5. Babin A. V., Ivanchenko E. S., Ovechkin D. G. Physical activity as a quantitative indicator of the general physical training of police officers and cadets // Eurasian Law Journal. – 2022. – No. 8 (171). – S. 372-373. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=49720354 (date of access: 03/18/2023).
6. Sysoev A. A., Raznitsyn V. A. Speed-strength training of police officers. Means and methods of development of speed-strength abilities // Bulletin of economic security. – 2016. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/skorostno-silovaya-podgotovka-sotrudnikov-politsii-sredstva-i-metody-razvitiya-skorostno-silovyh-sposobnostey-1 (date of access: 04/07/2023).
SAFETY AND LAW
BAKHONINA Elena Igorevna
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
NASIBULLINA Valeriya Andreevna
magister student of the Ufa State Petroleum Technical University
TAZHETDINOVA Aisulu Azamatovna
magister student of the Ufa State Petroleum Technical University
YAKHINA Eliza Nailevna
magister student of the Ufa State Petroleum Technical University
CHANGES IN LABOR PROTECTION LEGISLATION RELATED TO THE OCCUPATIONAL RISK ASSESSMENT PROCEDURE
Trends in modern occupational safety and health go along the way of introducing preventive measures, one of such measures is to carry out the procedure of occupational risk assessment at work. As the issue of changes in labor protection legislation was very acute, amendments were introduced and new documents were developed, which came into force on March 1, 2022.
The article provides an analysis of the new requirementsments for occupational safety and health, which touched upon the procedure for assessing occupational risks.
The purpose of the article is to review the legislative acts regulating the procedure of occupational risk assessment.
Keywords: occupational injuries, occupational risk, occupational safety management system.
References
1. Abdrakhmanova K. N., Shabanova V. V., Fedosov A. V. et al. Application of accident development modeling and risk assessment to ensure the safe operation of oil and gas facilities // Safety of technogenic and natural systems. – 2020. – No. 2. – P. 2-13.
2. Belov P. G. Risk management, system analysis and modeling in 3 hours. Part 1: textbook and workshop for undergraduate and graduate students. – M.: Yurait Publishing House, 2019. – 211 p.
3. Belov P. G. Risk management, system analysis and modeling in 3 hours. Part 2: textbook and workshop for undergraduate and graduate students. – M.: Yurait Publishing House, 2019. – 250 p.
4. Belov P. G. Risk management, system analysis and modeling in 3 hours. Part 3: textbook and workshop for undergraduate and graduate students. – M.: Yurait Publishing House, 2019. – 272 p.
5. Labor protection: key changes from March 1, 2022. [Electronic resource]. – Access mode: https://www.garant.ru/article/1486534/ (date of access: 05/25/2023).
SAFETY AND LAW
DONSKIKH Dmitriy Valerjevich
postgraduate student of Comparative political science sub-faculty of the Faculty of Humanities and Social Sciences of the Peoples’ Friendship University of Russia
MELNIKOV Andrey Olegovich
postgraduate student of Comparative political science sub-faculty of the Faculty of Humanities and Social Sciences of the Peoples’ Friendship University of Russia
THE ROLE OF RUSSIA ON THE WAY TO THE ENERGY TRANSITION AND SUSTAINABLE DEVELOPMENT
The modern energy market is undergoing significant changes. In many ways, they are associated with such trends as decarbonization, increased attention to green energy, replacement of traditional energy carriers, and increased energy efficiency. This causes not only changes in the energy industry, but also in the social and political environment. The importance of energy exporters in the global energy market is declining, as is their influence on pricing. In general, these processes are called the energy transition. As part of the study, the task is to identify the modern features of the energy transition, its features at the present stage and the place of the Russian Federation as one of the largest energy exporters in the newly emerging energy market. The article analyzes the readiness of the Russian corporate sector to compete in the new conditions, identifies the potential of hydrogen energy, and analyzes the conditions of the country’s domestic market. One of the important results of the study is an assessment of the position of the Russian Federation on participation in the climate agenda and those forms of participation that will not affect the country’s economy in a negative way.
Keywords: Russia, energy transition, energy security, international relations.
References
1. Mekhdiev E. T., Sodikov Sh. D. On interregional energy projects with the participation of Central Asian countries (Tapi, Tutap, Iran – Pakistan, Casa-1000) // International relations. – 2017. – No. 3. – P. 68-79.
2. Guliyev I. A., Solovova Yu. V. Adaptation of the corporate and innovation strategy of international oil and gas companies to the trends of the energy transition // Economics: yesterday, today, tomorrow. – 2021. – V. 11. No. 8-1. – P. 262-269.
3. Sokolova E. S., Egorova L. I., Mekhdiev E. T., Toropova N. V. Shale revolution in the world: achievements and prospects // Oil and gas business. – 2020. – V. 18. No. 4. – S. 27-39.
SAFETY AND LAW
TEUVAZHEV Zaur Anisovich
lecturer of Activities of the internal affairs bodies in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE ROLE OF THE MEDIA IN COMBATING CRIME
The media play an important role in combating crime, both in revealing such facts and in preventing these processes. At the same time, the news-giver can play both a positive and a negative role in the law enforcement process. Careful verification of information and its sources before dissemination is essential. Ethical and professional standards will help maintain information security and prevent the spread of false information, which can lead to errors in the investigation and unfounded accusations. The competent use of the mass media as a whole will lead to a more effective fight against crime in general, including through the formation of the right attitude of society towards illegal acts and law enforcement agencies.
Keywords: mass media, news, role, crime, counteraction.
References
1. Bitov A. A., Zhukov A. Z., Abazov A. B. Actual problems of information and legal regulation of media activities in Russia // In the collection: BEST SCIENTIFIC WORK 2021. Collection of articles of the II International Research Competition. – Penza, 2021. – S. 139-141.
2. Kankulov A. Kh., Ryazanov K. K. Interaction of departments of internal affairs in the conduct of ORM to search for missing minors // Law and State: Theory and Practice. – 2022. – No. 9 (213). – P. 190-192.
3. Kushkhov R. Kh., Surtsev A. V., Napsokov A. R. Persons assisting the internal affairs bodies in the operational-search activity // Eurasian legal journal. – 2022. – No. 3 (166). – P. 404-405.
4. Lifanova L. G., Gauzhaeva V. A. Separate issues of organizing the verification of a crime report // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 277-278.
5. Shamaev A. M. Dissemination of deliberately false information as a basis for bringing to legal liability // Eurasian legal journal. – 2022. – No. 3 (166). – P. 423-424.
SAFETY AND LAW
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
TAZHETDINOVA Aisulu Azamatovna
magister student of the Ufa State Petroleum Technical University
NASIBULLINA Valeriya Andreevna
magister student of the Ufa State Petroleum Technical University
KONSTANTINOVA Olga Valerianovna
magister student of the Ufa State Petroleum Technical University
ANALYSIS OF THE REQUIREMENTS OF THE RUSSIAN FEDERATION LEGISLATION IN THE FIELD OF OCCUPATIONAL SAFETY TRAINING
The state of the occupational safety training process at present can be characterized as inconsistent and ambiguous. On the one hand, there are a number of positive trends, which show that occupational safety issues are becoming more and more important and in demand. However, on the other hand, there are still problems associated with the lack of awareness of workers in the field of occupational safety and health, as well as insufficient effectiveness of training methods.
The article critically analyzes the changes in regulatory requirements for occupational safety training.
The purpose of the article is to review the changes in the legislative requirements and to compare the new rules on occupational safety training with the repealed rules.
Keywords: occupational safety, occupational safety training, regulatory rules, government decree.
References
1. Development of a software product to improve the organization of the learning process in the field of labor protection / A.V. Fedosov, N.Kh. Abdrakhmanov, R.R. Valeeva [et al.] // Protection of the environment in the oil and gas industry. – 2023. – No. 3 (312). – P. 48-53.
2. Fedosov A. V., Abdrakhmanov N. Kh., Guseva A. S., Akhmetyanov R. R. Possibility of using the results of non-destructive testing to assess occupational risks in the system of labor protection management // Safety of technogenic and natural systems. – 2022. – No. 1. – P. 4-8.
3. Fedosov A. V., Askarova A. A. Modeling of the biological factor in the special assessment of working conditions // Life safety. – 2016. – No. 1 (181). – P. 14-17.
4. Vadulina N. V., Abdrakhmanov N. Kh., Fedosov A. V., Valekzhanin D. Yu., Ismagilov M. I., Rasulov S. R. Investigation of industrial accidents. – Text: direct // Oil and gas business. – 2022. – P. 138.
5. Fedosov A. V., Abdrakhmanov N. Kh., Tazhetdinova A. A., Ismagilov M. I., Bakirov D. R. Features of the production control over the state of working conditions at oil and gas enterprises. complex. – 2022. – No. 4 (307). – S. 47-53
STATE AND LAW
KHAVADZHI Dinara Remzievna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice
FORMATION OF THE INSTITUTE OF ADVOCACY IN RUSSIA IN THE MID-XIX – EARLY XX CENTURIES
This article discusses aspects of the formation and development of the institution of advocacy in Russia in the middle of the 19th and early 20th centuries. The Russian Federation is a legal state in which the protection of the rights and freedoms of man and citizen is ensured. Judicial protection of the rights and freedoms of citizens is guaranteed by Art. 46 of the Constitution of the Russian Federation Constitutional guarantees of the rights and freedoms of man and citizen. In this aspect, the bar acts as a social and legal institution, whose activities include the protection of the rights, freedoms and legitimate interests of a person in court in the ways established by law.
Keywords: advocacy, judicial protection, rule of law, qualified legal assistance, judicial reform, jury trials.
References
1. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Federal Law No. 63-FZ of May 31, 2002 “On Advocacy and Advocacy in the Russian Federation” (as amended and supplemented, effective from March 1, 2022). // [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_36945/
3. Gorbunova, N. A. Historical features of the development of the legal profession in Russia // Electronic scientific journal “Science. Society. State” – 2017 – Vol. 5. – No. 1 (17). [Electronic resource]. – Access mode: https://esj.pnzgu.ru/page/37823.
4. Law of the RSFSR of November 20, 1980 “On Approval of the Regulations on the Bar of the RSFSR”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_213/
5. Law of the USSR of November 30, 1979 “On the Bar in the USSR”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_7/ (date of access: 20.02.2023)
6. Law of the RSFSR of November 20, 1980 “On Approval of the Regulations on the Bar of the RSFSR”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_213/
7. History of court and justice in Russia: in 9 volumes / executive editors: V. V. Ershov, V. M. Syrykh; Russian State University of Justice. – Moscow: Norma, 2016. – V. 7: Judiciary and legal proceedings during the periods of NEP and building the foundations of socialism (1921 – 1956) / V. M. Syrykh. – 2022. – 687 p. – ISBN 978-5-00156-162-0.
8. Shamba T.S. Advocacy as an element of the system of the rule of law: Russian realities and problems of the early XXI century // Journal “Eurasian Advocacy” Founders: Eurasian Research Institute of Problems of Law. – 2017. – No. 3 (28). [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=29429778.
9. Chorny I. N. Advocacy as an institution for the protection of the rights and freedoms of the individual: historical and legal research // Abstract of the thesis. dis. … cand. legal Sciences. – St. Petersburg, 2011. [Electronic resource]. – Access mode: https://www.dissercat.com/content/advokatura-kak-institut-zashchity-prav-i-svobod-lichnosti.
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service» p> PEDAGOGICAL PREVENTION OF AGGRESSIVE BEHAVIOR IN MINORS
This article discusses the prevention of aggressive behavior in minors. The main factors contributing to adolescent aggression are considered. The pedagogical prevention of aggressive behavior in minors is proposed, which includes the use of various approaches, consisting in the use of positive methods of education and training in an educational institution.
Keywords: aggressive behavior, deviant behavior, pedagogical prevention, offender, teenager, minor.
References
1. Fedoseeva I. V. The problem of prevention and correction of aggressive behavior of minors // 2010. – No. 4-1. – P. 102-105.
2. Zorina N. S. Criminological aspects of the study of criminal aggression of minors // Law and law. – 2023. – № 2. – P. 185-187.
3. Ratinov A. R. To the core of the personality of the criminal // Actual problems of angular law and criminology. – M.: PH All-Union. in-ta for training causes and work. measure of predetermination of offenses, 1981. – S. 67-86.
4. Dugenets A. S., Pavlova L. V. On some issues of organizing individual preventive work in relation to minors as a way to protect their rights // Actual problems of administrative and administrative procedural law (Sorokin readings): Collection of articles based on international scientific and practical conference, St. Petersburg, March 24, 2023 / Under the general editorship of A. I. Kaplunov, compiled by: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – St. Petersburg: SankPetersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 672-677.
5. Decree of the President of the Russian Federation dated May 29, 2017 No. 240 “On the announcement of the Decade of Childhood in the Russian Federation” Access from reference books. – legal system “ConsultantPlus”.
6. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency” Access from references. – legal system “ConsultantPlus”.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogic sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
MIKHELEV Andrey Mikhaylovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
THE IMPORTANCE OF FORMING INTERCULTURAL COMPETENCE IN STUDENT EDUCATION
The article is of interest to students and university professors. As the title implies the article describes the problems of intercultural communication. It draws our attention to the formation of intercultural competencies that contribute to the resolution of intercultural problems. It should be stressed that the formation of intercultural competencies among students in the learning process is emphasized which is one of the most important tasks of foreign language education in the process of productive intercultural communication. The groups of directions that form intercultural communicative competence are considered in detail. This article will be of great help at the studying of foreign students’ adaptation in higher education and in everyday life. It gives a detailed analysis of the prevention of the occurrence of difficulties that may arise in the process of adaptation to new conditions. The text transmits a valuable information about the culture of communication, rules of conduct and knowledge of non-verbal forms of expression which contribute to better communication. The need is stressed to employ information about life, language, culture, traditions and customs. In the article conclusions are drawn that intercultural competence occurs during the interaction of cultural contacts in various fields of activity.
Keywords: intercultural communication, intercultural competencies, culture, learning foreign languages, communication.
References
1. Arustamyan D. V., Baikova E. D. Intercultural communication as a process of interpersonal interaction. — Text: direct // Young scientist. – 2014. – No. 1 (60). – S. 734-736.
2. Berestovskaya D.S. Text and communication in the space of culture: a collective monograph / Ed. ed. D. S. Berestovskaya, I. A. Andryushchenko. – Simferopol: IT “ARIAL”, 2019.
3. Guzikova M. O., Fofanova P. Yu. Fundamentals of the theory of intercultural communication: [proc. allowance]. Ministry of Education and Science Ros. Federation, Ural.feder. un-t. – Yekaterinburg: Publishing house of Ural.un-ta, 2015. – 124 p.
4. Denisova I. V., Eremenko A. P. Types of intercultural communications // IV International Student Electronic Scientific Conference “Student Scientific Forum” February 15 – March 31, 2012.
5. Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university // Bulletin of the Maikop State Technological University. – 2015. – P. 74-76.
6. Leontovich O. A. International education on the basis of the Center for American Studies of the VSPU // Modernization of the content and methods of foreign language education as a priority in the context of continuous language education”: abstract. report II Region. scientific-practical. conference, Volgograd 17-18 Jan. 2003 / Comp.: S. A. Pyataeva, M. A. Zheleznyakova. – Volgograd: Change, 2003. – S. 32-33.
7. Pluzhnik I. L. Formation of intercultural communicative competence of students of the humanitarian profile in the process of professional training”: author. dis. … Dr. ped. Sciences. – Tyumen, 2003. – 25 p.
8. Sakhno I. V. Intercultural competence as a condition for successful business negotiations // Bulletin of TSU. – 2014. – № 4 (132).
9. Sadokhin A. P. Introduction to intercultural communication. – M .: Higher School, 2005. – 310 p. – 3000 copies. — ISBN 978-5-406-02451-5.
10. Ter-Minasova S. G. Language and intercultural communication. – Moscow: Lomonosov Moscow State University, 2008. – 352 p.
11. Frick T. B. Fundamentals of the theory of intercultural communication: textbook. – Tomsk: Tomsk Polytechnic University, 2013. – 100 p.
12. Hall E. T. Hidden Differences: Studies in International Communication. – Grunder&Jahr, 1983. – P. 24.
PEDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
KONSTANTINOV Vladimir Nikolaevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ZIGANSHIN Marcel Nursievich
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
TOPICAL ISSUES OF FIRE TRAINING, THE STATE, PROSPECTS FOR IMPROVEMENT, TRAINING METHODS
This article discusses some issues related to: digitalization of fire training training, methods of increasing knowledge, skills, and specific step-by-step actions to achieve a positive result. Since it is constant training and honing skills that will help the student in his daily professional activities. Thus, a competent, correct and timely compiled algorithm, upon achieving a qualitative result, will play a decisive role for an employee of the internal affairs of the body in increasing their knowledge, skills and abilities that they will apply in their professional activities.
Keywords: systems improvement, training, training, student, fire training, weapons.
References
1. Anpilogova A. V., Antsiferova A. A., Tarykin V. K. Features of fire training of employees of internal affairs bodies // Criminal law in an evolving society: problems and prospects: a collection of scientific articles within the framework of a symposium with international participation / Editorial Board : A. A. Gorokhov (responsible ed.). – Kursk, 2021. – S. 23-28.
2. Akhiyarov R. A. The use of electronic simulators in the training of employees of internal affairs bodies // Service and applied sports of the Ministry of Internal Affairs of Russia: current state and directions for improvement: Collection of materials of the All-Russian Scientific and Practical Conference, Ufa, June 25, 2020 / Under the general editorship O. S. Noskova. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 106-108. – EDN ZHFFZU.
3. Gedgafov M. M. Application of modern training technologies in the training of shooters // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 148-150.
4. Ivanov V. E., Kuznetsova E. V., Yablonsky K. A. Actual problems of providing fire training as an integral part of the professional service training of employees of the internal affairs bodies of the Russian Federation // North Caucasian Legal Bulletin. – 2019. – No. 1. – P. 79-83.
5. Nikolaev N. Yu. Psychological difficulties in the use of firearms by employees of the internal affairs bodies // Training for law enforcement agencies: modern trends and educational technologies: materials of the twenty-seventh All-Russian scientific and methodological conference, Irkutsk, March 01–02, 2022. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 116-118. – EDN KNVXCA
6. Savilov R. A. Features of fire training of employees of internal affairs bodies // Criminal law in an evolving society: problems and prospects: a collection of scientific articles by students / South-Western State University, Union of Criminalists and Criminologists, Moscow State Law Academy named after O.E. Kutafina, 2018. – S. 282-286.
7. Takov A. Z. Problems of the use of competencies in training students of educational organizations of the Ministry of Internal Affairs of Russia in the classroom for fire training // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 212-214.
PEDAGOGY AND LAW
SUKHORUKOV Vladimir Anatoljevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
POLITICAL AND EDUCATIONAL WORK WITH THE INTERNAL AFFAIRS AGENCIES OFFICERS
Based on historical materials the process to form and develop the system of both political bodies and political work in the internal affairs agencies during the Soviet period is analyzed in the article. Absence of political education of officers in the post-Soviet period resulted in the negative quality of educational work. To ensure the effectiveness of protecting the rights and freedoms of citizens, increasing the professionalism and reliability of law enforcement agencies as well as strengthening public confidence to them, it is necessary to carry out not educational, but political and educational work with law enforcement officers. The author proposes to reform the institution of political officials in law enforcement agencies.
Keywords: educational work, moral and psychological support of the internal agencies affairs activities, state ideology, political bodies, specialist working with personnel / staff, political and educational work.
Reference list:
1. Issues of organizing the moral and psychological support of the activities of the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated December 25, 2020 No. 900. – Text: electronic // ATP “ConsultantPlus”.
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 Technological University.
RODIONOV Gleb Antonovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University
MINNIGALEEVA Alsu Alfirovna
senior lecturer of Foreign languages with the Latin language course sub-faculty of the Bashkir State Medical University of the Ministry of Health of Russia
IMPORTANCE OF INTERCULTURAL COMMUNICATION IN COOPERATION WITH FOREIGN PARTNERS IN THE OIL AND GAS INDUSTRY
The article discusses the problems associated with the interaction of Russian oil and gas, petrochemical companies with foreign partners in the context of intercultural dialogue in the process of concluding agreements on joint cooperation, as well as when exchanging the experience of employees. The main task of the article is to identify the features and weaknesses in the communicative interaction of peoples with completely different cultures, mentalities, communication manners and worldview. The authors analyze in detail the specifics of the communicative behavior of each ethnic group for comparison with the state-forming people of Russia. In the future this will help in the successful conduct of business meetings with foreign representatives of oil and gas and petrochemical companies, as well as in dialogues when employees work together under the experience exchange program. Attention is given to a large number of successful meetings, professional interaction between employees of different companies. All this can help to entail more interested investors to participate in the development of large joint projects and industrial enterprises, thereby having a positive impact on the social and economic sphere of the country. It is also worth noting that interest in the culture of another people and knowledge of its basic elements expands a person’s horizons and enriches him spiritually.
Keywords: dialogue, language, cooperation, petrochemistry, culture, communication.
References
1. Golovina A.S. Business negotiations. Winning strategy. – Peter, 2021. – 185 p.
2. Cooley Ch. Public organization // Texts on the history of sociology of the XIX-XX centuries. Reader. – M.: Nauka, 1994. – P. 379.
3. Latypova E. R., Alekseev K. E., Ermolenko A. D., Klyavlin A. M. Intercultural communication between representatives of various cultural groups in the Internet // Science and School. – 2020. – No. 3. – P. 164-171.
4. Latypova E. R., Musina A. R., Egorova D. V. The role of communications in the modern information society // Questions of Pedagogy. – 2020. – No. 5-1. – P. 204-207.
5. Matyash O. I. What is communication and do we need a communicative education // Siberia. Philosophy. Education. – 2002. – V. 6. – S. 37.
6. Shamshurin I. A., Latypova E. R., Mukhamadieva K. T. Features of intercultural interaction of design engineers // World of Science. Sociology. Philology. Culturology. – 2022. – T. 13. No. 2.
7. Arabs at the negotiating table. – [Electronic resource]. – Access mode: http://www.cuaderno.ru/araby-za-stolom-peregovorov/ (date of access: 11/13/2022).
8. Belgium. – [Electronic resource]. – Access mode: https://geo-culture.ru/country/belgium (date of access: 11/13/2022).
9. Ten features of German communication. – [Electronic resource]. – Access mode: https://germany.nashieu.com/interesno/devyat-osobennostej-obshheniya-nemtsev (date of access: 11/13/2022).
10. Indian verbal communicative behavior. – [Electronic resource]. – Access mode: https://vuzlit.com/846514/indiyskoe_verbalnoe_kommunikativnoe_povedenie (date of access: 11/13/2022).
11. Culturological views of I. G. Herder. – [Electronic resource]. – Access mode: https://psyera.ru/kulturologicheskie-vzglyady-i-g-gerdera_13666.htm (date of access: 11/13/2022).
12. Non-verbal behavior of Russians and Japanese in a comparative aspect. – [Electronic resource]. – Access mode: https://7universum.com/ru/philology/archive/item/3298 (date of access: 11/13/2022).
13. Features of communication with the Chinese. – [Electronic resource]. – Access mode: https://readmas.ru/mir/goroda-i-strany/osobennosti-obshheniya-s-kitajcami.html (date of access: 11/13/2022).
14. Development of Sakhalin deposits. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3779056 (date of access: 11/13/2022).
15. Russians and Americans – the difference in the mentalities of the two peoples. – [Electronic resource]. – Access mode: https://americausa.ru/kultura/rossiyane-i-amerikancy-raznica-mentalitetov-dvux-narodov.html (date of access: 11/13/2022).
16. Russians and Americans: comparison of national characters. – [Electronic resource]. – Access mode: http://rustrana.rf/4145/Russians-and-Americans-comparison-of-national-characters (date of access: 11/13/2022).
17. Negotiating style of representatives of developing countries. – [Electronic resource]. – Access mode: https://spravochnick.ru/mezhdunarodnye_otnosheniya/stil_vedeniya_peregovorov_predstavitelyami_razvivayuschihsya_stran (date of access: 11/13/2022).
18. Edward Hall: Fundamentals of Intercultural Communication. – [Electronic resource]. – Access mode: https://ludirosta.ru/post/edvard-kholl-osnovy-mezhkulturnoy-kommunikatsii_1794 (date of access: 11/13/2022).
PSYCHOLOGY AND LAW
ISKRA Nikita Sergeevich
student of the 4th course of the Faculty of Training Specialists for the Judicial System (Faculty of Law) of the Crimean branch of the Russian State University of Justice
RIMSKIY Vladislav Gennadjevich
bachelor’s degree in Psychology, 1st year student of the master’s degree in the field of training “Psychology of development. Age psychology” of the Fevzi Yakubov Crimean Engineering and Pedagogical University
NADTOCHIY Mariya Sergeevna
bachelor’s degree in Law, Legal adviser of the State Crimea Public Institution of the Republic of Crimean Republican Emergency Rescue Service “CRIMEA-SPAS”
PROSPECTS FOR THE DEVELOPMENT OF LEGISLATION IN THE FIELD OF PSYCHOLOGICAL REGULATION IN THE INTERESTS OF SUSTAINABLE DEVELOPMENT
In this article the current state of legislative regulation in the Russian Federation is considered, international experience is studied. Based on international experience and best practices, specific recommendations for the development of legislation are given. The article emphasizes the advantages and importance of the development and legal regulation of psychological activity. The article serves as a valuable resource for lawyers, psychologists, politicians and stakeholders involved in the formation of the legal framework of psychological activity in the Russian Federation.
Keywords: legal regulation, psychologists, psychological activity, unified system, complex structure, prospects for legislative development, international experience, professional standards, protection of psychologists and clients, professional mobility, research and innovation, public trust, recommendations, stakeholders.
References
1. Lyz N.A. On the structure of human mental health (a review of studies) // Proceedings of the Southern Federal University. Technical science. – 2004.
2. Psychologist’s Code of Ethics // Russian Psychological Society. – [Electronic resource]. – Access mode: http://rpo.rf/rpo/documentation/ethics.php (date of access: 05/04/2023).
3. List of Professional Associations of Psychologists, Psychotherapists, Psychiatrists // Internet resource LifeCon. – [Electronic resource]. – Access mode: https://lifecon.ru/associations/ (date of access: 04/05/2023).
4. Qualification standards – Practicing psychologists // Health Professions Council. – [Electronic resource]. – Mode of access: https://www.hcpc-uk.org/resources/standards/standards-of-proficiency-practitioner-psychologists/ (Accessed 04/05/2023).
5. National Health Service Reform and Health Care Professions Act 2002. – [Electronic resource]. – Mode of access: https://www.legislation.gov.uk/ukpga/2002/17/notes/contents (accessed 05/04/2023).
6. German Psychological Society. – [Electronic resource]. – Access mode: https://www.dgps.de/ (date of access: 05/06/2023).
7. Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General data protection rules). – [Electronic resource]. – Access mode: https://ogdpr.eu/ru/gdpr-2016-679 (date of access: 04.05.2023).
8. Association of Dutch Psychologists (NIP). – [Electronic resource]. – Access mode: https://psynip.nl/ (date of access: 05.05.2023).
9. Association of State and Provincial Psychological Councils (ASPPB). – [Electronic resource]. – Access mode: https://www.asppb.net/ (date of access: 05/06/2023).
10. American Psychological Association (APA). – [Electronic resource]. – Access mode: https://www.apa.org/ (date of access: 05/06/2023).
11. Results of the survey “Prospects for the development of legislation in the field of psychologyregulation for sustainable development”. – [Electronic resource]. – Access mode: https://docs.google.com/forms/d/1iA1aVjqDBFOvARxdqYyeH3tiUXap3FfifbJFxuOPDUI/viewanalytics (accessed 05/08/2023).
PSYCHOLOGY AND LAW
ISAEV Murad Shamilovich
postgraduate student of Psychology and socio-cultural service sub-faculty of the Don State Technical University
PSYCHOLOGICAL FACTORS INFLUENCING THE VERDICT OF THE JURY
This article is dedicated to the analysis of the role of psychological factors that influence jurors in reaching a verdict. Through the analysis of theoretical and empirical data, the authors come to the conclusion that among the main psychological factors that determine the verdicts of jurors are the level of legal awareness and anxiety of citizens. It is also established that the verdict of the jury directly depends on the quality of the preparation of the criminal case for trial and the preliminary investigation conducted.
Keywords: jurors, psychological factors, emotions, verdict, level of legal development, legal awareness.
References
1. Kondrachuk ON Influence of emotions on the verdict of jurors // Bulletin of the Orenburg State University. – 2005. – No. 3-1 (41). – P. 65-68.
2. Lebon G. Psychology of peoples and masses. – M., 1996.
3. Kuchaeva A. A. Psychological factors influencing the verdict of jurors // Scientific notes: a collection of scientific papers, Orenburg, November 14-15, 2019. – Orenburg: RPK Poliart, 2020. – P. 159-163.
4. Kalashnikova A. S., Levochkina N. S. Internal factors affecting the verdict of jurors // Psychology and Law. – 2013. – No. 2. – P. 11-21.
5. Rybakov V. A. Legal consciousness: to the question of the concept // Bulletin of the Omsk University. Series: right. – 2015. – № 3 (44).
6. Gulevich OA Psychological foundations of jurisprudence: Textbook. – M., 2009.
7. Sulaeva Zh. A. Problems of formation of motivation for professional development of personality in modern society. – Makhachkala: FGBOU VO “DSTU”, 2023. – 100 p.
LAW ENFORCEMENT
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activity of internal affairs sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant of colonel police
VOSKOBOEV Alexander Ivanovich
Ph.D. in pedagogical sciences, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
ARTAMONOVA Maryia Alexandrovna
Ph.D. in Law, lecturer of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
NURUTDINOV Ilnur Ildusovich
senior lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia, major of police
ACTUAL PROBLEMS OF MORAL AND PSYCHOLOGICAL TRAINING OF POLICE OFFICERS
Moral and psychological training of police officers plays an important role in the professional activities of police officers. This article presents an overview of the current aspects and methods of moral and psychological training of police officers. The authors highlight the impact of moral and psychological aspects on the work of the police, consider the problems and challenges faced by police officers, and propose strategies and methods for effective training of police officers in this area.
Keywords: moral training, psychological training, police training, professional deformation, professional burnout, prevention of professional deformation.
References
1. Agapov V. S., Feldman I. L., Rodnova Yu. S., Smirnova I. E. The relationship of stress resistance, emotional burnout and the effectiveness of professional activity of employees of internal affairs bodies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vzaimosvyazi-stressoustoychivosti-emotsionalnogo-vygoraniya-i-effektivnosti-professionalnoy-deyatelnosti-sotrudnikov-organov (date of access: 05/29/2023).
2. Guralev V. M., Fomin S. A. Psychological training of employees of special units in the police department // Scientific component. – 2019. – No. 4 (4). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-podgotovka-sotrudnikov-spetsialnyh-podrazdeleniy-v-ovd (date of access: 05/29/2023).
3. Dvortsova E. V. Emotional intelligence and stress resistance as factors of professional burnout of law enforcement officers // Theory and practice of socio-humanitarian sciences.auc. – 2022. – No. 1 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/emotsionalnyy-intellekt-i-stressoustoychivost-kak-faktory-professionalnogo-vygoraniya-sotrudnikov-pravoohranitelnyh-organov (date of access: 05/29/2023).
4. Mashekuasheva M. Kh. Topical issues of professional training of police officers: moral and psychological aspect // Gaps in Russian legislation. – 2017. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-professionalnoy-podgotovki-sotrudnikov-politsii-moralno-psihologicheskiy-aspekt-1 (date of access: 05/29/2023).
5. Mashekuasheva M. Kh. Actual problems of professional and psychological training in the internal affairs bodies of the Russian Federation // Theory and practice of social development. – 2015. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-professionalnopsihologicheskoy-podgotovki-v-organah-vnutrennih-del-rossiyskoy-federatsii (date of access: 05/29/2023).
6. Tsilik V. A. Modern problems of moral and psychological training of employees of the internal affairs bodies of the Russian Federation // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2015. – No. 2 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-problemy-moralno-psihologicheskoy-podgotovki-sotrudnikov-organov-vnutrennih-del-rossiyskoy-federatsii (date of access: 05/29/2023).
LAW ENFORCEMENT
KHAMITOV Ainur Rasimovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of MIA of Russia, major of police
BUKHTOYAROV Ivan Ivanovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain police
DEVELOPMENT OF THE READINESS OF POLICE OFFICERS TO ACT IN SPECIAL CONDITIONS
This scientific article is dedicated to the development of readiness of employees of internal affairs bodies to act in special conditions. In the conditions of modern society, where various threats and challenges are faced, police officers should be ready to act effectively in a variety of situations, such as emergencies, terrorist acts, mass riots and others. The authors consider the main factors influencing the training of police officers to act in special conditions, as well as consider the process of developing specialized programs and plans for training police officers to act in special conditions.
Keywords: special conditions, readiness development, training of police officers, extreme conditions, psychological training.
References
1. Gubenkov A. O., Durnev A. I. Non-standard methods and forms of conducting fire training classes as an element of ensuring the personal safety of an internal affairs officer // Nauka-2020. – 2021. – No. 1 (46). – P. 160-164.
2. Nosova D.Kh., Amirova L.A., Khatuaev M.O. Psychological and pedagogical aspects of the development of police officers’ readiness for professional activity // Psychology and Pedagogy of Service Activities. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologo-pedagogicheskie-aspekty-razvitiya-gotovnosti-sotrudnikov-politsii-k-professionalnoy-deyatelnosti (date of access: 05/26/2023).
3. Ivanov A. K. Issues of psychological readiness of police officers to use firearms // Eurasian scientific journal. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-nauki-voprosy-psihologicheskoy-gotovnosti-sotrudnikov-politsii-k-primeneniyu-ognestrelnogo-oruzhiya (date of access: 05/26/2023).
4. Sorokotyagin IN Psychology of the use of weapons by police officers // Psychopedagogy in law enforcement agencies. – 1996. – No. 1 (3). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-primeneniya-oruzhiya-sotrudnikami-militsii (date of access: 05/29/2023).
5. Tikhonovich M. I. Formation of the psychological readiness of employees of internal affairs bodies to use firearms in real conditions // Science-2020. – 2022. – No. 1 (55). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-psihologicheskoy-gotovnosti-sotrudnikov-organov-vnutrennih-del-k-primeneniyu-ognestrelnogo-oruzhiya-v-realnyh (date of access: 05/29/2023).
6. Chunosov M. A. Components of the professional readiness of employees of internal affairs bodies to perform official tasks in extreme situations. Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. -2021. – No. 3-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/komponenty-professionalnoy-gotovnosti-sotrudnikov-organov-vnutrennih-del-k-vypolneniyu-sluzhebnyh-zadach-v-ekstremalnyh-situatsiyah (date of access: 05/26/2023 ).
SOCIOLOGY AND LAW
BAIROV Andrey Semyonovich
Ph.D. in science philosophicals, senior lecturer of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia
DRUG PREVENTION METHODS (ON THE EXAMPLE OF THE REPUBLIC OF BURYATIA)
The article analyzes the processes of globalization and westernization that contributed to the liberalization of the illegal consumption of controlled psychedelic substances, the growth of drug trafficking in the country since the early 1990s. The work examines the legal acts that have become the cause of drug addiction in Russia, incl. revitalization of the activities of world drug syndicates and other criminal entities that contributed to the spread of drug addiction. The author considers drug addiction as a consequence of the cessation of anti-drug propaganda and the establishment of the principle of voluntary treatment for drug addiction in 1992, as well as the liquidation of medical and labor dispensaries. Particular attention is paid to the abolition of administrative and criminal liability for the use of drugs for non-medical purposes in 1991 as a concrete historical reason for the increase in the number of drug addicts. The novelty of the study lies in seeing a logical connection between the change in the state foreign policy, domestic political decisions of the legislature in the field of drug policy and the drug situation in the country. The relevance of preventing the spread of consumption of narcotic drugs and psychotropic substances by returning medical and labor dispensaries is due to the fact that these measures will reduce the level of drug crime, the involvement of the population in illegal drug trafficking by isolating drug users for the purpose of compulsory treatment.
Keywords: Narcotization, sociological research, medical and labor dispensaries, cannabis, drug situation, demand.
References
1. Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens in its provision” dated 02.07.1992 No. 3185-1.
LANGUAGE AND LAW
LYSENKO Nelly Alexeevna
master in Law, senior lecturer of Linguistics and foreign languages sub-faculty of the Russian State University of Justice (RLA of the Ministry of the RLA of Russia)
MOLCHANOVA Svetlana Evgenjevna
associate professor of Linguistics and foreign languages sub-faculty of the Russian State University of Justice (RLA of the Ministry of the RLA of Russia)
THE MAIN FEATURES OF THE USE OF THE INFINITIVE IN LEGAL DOCUMENTS
The purpose of the article is to consider specific features of usage of the Infinitive in legal documents. The tasks the author makes an attempt to carry out are: to determine which syntactic functions are typical for the Infinitive and which forms of the Infinitive are characteristic of the above mentioned kind of documents, as well as to find out some peculiarities of its functioning. The conducting research provided the author with the conclusion that the non-finite form of the verb performs the following syntactic functions in this type of discourse: a part of a compound verbal modal predicate, attribute, object, complex subject, adverbial modifier of purpose, subject, predicative, complex object, a part of a compound verbal aspect predicate. The Infinitive is used as a part of such infinitive structures as the Subjective Infinitive Construction and the Objective with the Infinitive Construction in 9 % of its functioning. The most frequently used forms of the Infinitive are Simple Active and Simple Passive, which is more typical here than in other functional styles. Perfect Active Infinitive occurs mainly when the Infinitive is a part of the Subjective Infinitive Construction. Perfect Passive form can be found within the same construction but in more rare cases.
Keywords: the Infinitive, syntactic functions of the Infinitive, forms of the Infinitive, legal documents.
References
1. Molchanova S. E. Features of the use of impersonal forms of the English verb in modern colloquial speech // Humanitarian and social sciences. – 2020. – No. 3. – P. 96-108.
2. Legal translation: textbook for translation from English into Russian / Ed. ed. P. V. Rybina. – M.: Prospect, 2019.
ECONOMY. RIGHT. SOCIETY
AVDEEVA Larisa Alekseevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
KHAZHI-ALIEV Ibrahim Magomedovich
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
IMPROVING THE METHODOLOGICAL APPROACH TO PERFORMANCE EVALUATION OF THE USE OF LIQUID INFLOW WATER LIMITATION OPERATING PROCEDURE IN OIL WELLS
The article proposes methodological approaches to performance evaluation of the application of the use of liquid inflow water limitation operating procedure in oil wells using compositions based on stable reverse emulsions. The directions of improving the accounting of the main components of the technological and economic effect obtained during the introduction of the technology in question have been developed.
The proposed methodology for performance evaluation of the use of liquid inflow water limitation operating procedure in oil wells contributes to improving the validity of technical and managerial decisions, optimizing the expenditure of funds of oil companies directed to the implementation of oil production plans.
Keywords: oil company, geological and technical actions, flowrate, assessment, efficiency, water limitation, costs, planning.
References
1. Avdeeva L.A. On the problems of increasing the energy efficiency of production// Problems and trends in the development of an innovative economy: international experience and Russian practice: materials of the II International scientific and practical conference. – Ufa: UGNTU Publishing House, 2014. – P. 9-12.
2. Gilmutdinov A. I., Avdeeva L. A. Improving the methods of planning geological and technical measures, taking into account the minimum cost-effective well flow rate // Problems and trends in the development of innovative economy: international experience and Russian practice: materials of the VI International scientific and practical conference / Redkol .: T. B. Leibert. – Ufa, UGNTU Publishing House, 2016. – P. 103-105.
3. Avdeeva L. A., Solovieva I. A., Gilmutdinov A. I. Improvement of planning methods for hydraulic fracturing in oil fields. Eurasian Law Journal. – 2018. – No. 6 (121). – S. 413-416.
4. Burenina I. V., Avdeeva L. A., KHalikova M. A., Gerasimova M. V., Solovjeva I. A. Improving methodological approach to measures planning for hydraulic fracturing in oil fields // Journal of Mining Institute. – 2019. – T. 237. – S. 344-353.
ECONOMY. RIGHT. SOCIETY
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
PECULIARITIES OF FOOD PROVISION OF CONVICTS IN PENITENTIARY INSTITUTIONS OF SOME FOREIGN COUNTRIES
In penitentiary institutions of any country, constant monitoring of proper nutrition is necessary. The article is dedicated to the study of the peculiarities of the food supply of convicts in penitentiary institutions of some foreign countries. The aim of the study was to identify the nutritional value of dishes served in prisons. The 14-day diet was analyzed according to two norms in Polish prisons of different types. The type of diet differed significantly in the average content of more than half of the analyzed components, while the diet, depending on seasonality, turned out to be statistically insignificant. The results of this study show the possibility of further development of legal provisions regulating nutrition in prisons in terms of not only energy value and availability of macronutrients, but also the consumption of minerals and vitamins.
Keywords: prison, convict, caloric content, diet, nutritional value.
References
1. Radchenko E. P., Vdovina A. N. The role of catering in the penitentiary system 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.” – 2022. – No. 26. – P. 117-122.
2. Napris Zh. S., Guzenko A. N. Foreign experience of food supply for prisoners // Man: crime and punishment. – 2022. – T. 30. No. 3. – S. 374-381.
3. Borisova D. P. Catering for persons held in foreign penitentiary institutions, on the example of the Scandinavian countries (Norway, Denmark) // Bulletin of the Perm Institute of the Federal Penitentiary Service. 2020. No. 3 (38). P. 5-11.
4. Yavorska A. Physical activity in prisons and the main aspects of the personality of men serving prison sentences / Paul. J. Op. Rehabilitation. 2015. No. 9. P.137-157.
5. Gesetz über den Vollzug der Freiheitsstrafe und der freiheitsentziehenden Maßregeln der Besserung und Sicherung (Strafvollzugsgesetz—StVollzG) vom 16. März 1976 (BGBl. I S. 581, 2088; 1977 I S. 436), Das Z uletzt Durch Artikel 1 des Gesetzes vom 19. Juni 2019 (BGBl. I S. 840) Geändert Worden ist.”. [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/stvollzg/BJNR005810976.html (accessed 05/15/2023).
6. Johnson S., Labbe S., Lachance A., Leblanc K.P. Menus served in Canadian prisons: a nutritional analysis. Nutrients. 2022 August 18; 14(16):3400. doi: 10.3390/nu14163400. [Electronic resource]. – Access mode: https://pubmed.ncbi.nlm.nih.gov/36014903/ (Accessed 05/25/2023).
ECONOMY. RIGHT. SOCIETY
SPASSKAYA Nataliya Vladimirovna
Ph.D. in economical sciences, associate professor, Head of Innovation and applied economics of the I. S. Turgenev Oryol State University
SOTNIKOVA Elena Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of management and personnel management sub-faculty of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation, Orel
INVESTMENT POLICY IN CRISIS MANAGEMENT
Management of a business entity based on the implementation of effective anti-crisis programs aimed at overcoming crisis conditions in the activities of the primary link of the economy – enterprises, is impossible without attracting capital. The article examines the features of investment activities carried out within the framework of anti-crisis management, substantiates organizational and financial aspects that ensure the achievement of a positive anti-crisis effect.
Keywords: anti-crisis management, investment policy, financial resources, efficiency.
References
1. Gubin V. A., Khandamova E. F., Shchepakin M. B. Mechanisms of anti-crisis management of an enterprise in conditions of permanent instability // Economics, entrepreneurship and law. – 2021. – V. 11. No. 5. – S. 1195-1210.
2. Timofeev S. V. Sphere of infrastructure investments and anti-crisis measures to support public-private partnershipduring the pandemic // Youth Week of Science IPMEiT. Proceedings of the All-Russian Student Scientific and Educational Conference. St. Petersburg, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_48575715_66878640.pdf (date of access: 03/18/2023).
ECONOMY. RIGHT. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economic sciences, professor of Innovative entrepreneurship (IBM7) sub-faculty of the N. E. Bauman Moscow State Technical University
SOBKO Andrey Alexandrovich
student of the 4th course of the N. E. Bauman Moscow State Technical University
INNOVATIVE APPROACHES TO CREATING AND USING DIGITAL TWINS: ECONOMIC AND LEGAL ASPECTS
The article is devoted to the definition of key terms in the field of digital twins. An analysis of the correlation of digital twins with IoT and blockchain was carried out. The place of digital twins in various aspects of innovative and economic development has been clarified. A comprehensive analysis of the regulatory framework for the creation and use of digital twins was carried out. The methodological support of digital twins in the GOST 57700 series of standards is separately indicated.
The limits of responsibility of developers and users of digital twins have been determined. Conclusions have been drawn about the key risk factors in the creation and use of digital twins. The directions of innovative development of the creation and use of digital twins in the plane of economics and legal regulation have been developed.
Keywords: innovation, digital twin, regulation, blockchain.
References
1. Zuykova A. New rules in the IoT market: why the authorities adopt the law on the “Smart City” // RBC Trends. – [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/industry/6107e5339a79478125166eeb.
2. “Federal Law No. 243-FZ of July 1, 2021 “On Digital Twins””. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/351139504.
3. “Federal Law No. 152-FZ of February 6, 2023 “On Personal Data”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901990046.
4. Kolesnikov M. A. Normative regulation of the digital environment. – [Electronic resource]. – Access mode: https://www.economy.gov.ru/material/directions/gosudarstvennoe_upravlenie/normativnoe_regulirovanie_cifrovoy_sredy/.
5. “Federal Law No. 149-FZ of March 1, 2023 “On Information, Information Technologies and Information Protection”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901990051.
6. “Federal Law No. 519-FZ of December 30, 2020 “On Amendments to the Federal Law “On Information, Information Technologies and Information Protection”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/436754837.
7. “National Standard of Russia dated 01.01.2020 GOST R 57700.37-2021”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1200180928.
8. Vasiliev A. N., Tarkhov D. A., Malykhina G. F. Methods for creating digital twins based on neural network modeling // Modern information technologies and IT education // Peter the Great St. Petersburg Polytechnic University, St. Petersburg, Russia. – 2018. – Volume 14. No. 3. – P. 524.
9. Data protection in the EU. – [Electronic resource]. – Access mode: https://ec.europa.eu/info/law/law-topic/data-protection_en.
10. ISO/TC 184/SC 4 – Industrial data. – [Electronic resource]. – Access Mode: https://www.iso.org/committee/54158.html.
11. Systems Committee (SyC) Smart Manufacturing. – [Electronic resource]. – Access Mode: https://www.iec.ch/smartmanufacturing.
12. Tao F., Cheng J., Qi Q., Zhang M., Zhang H., Sui F. Digital Twin-driven Product Design, Manufacturing and Service with Big Data // International Journal of Advanced Manufacturing Technology. – 2019. – No. 94 (9-12). – [Electronic resource]. – Access mode: https://doi.org/10.1007/s00170-017-0233-1.
13. Monostori L. Cyber-physical Production Systems: Roots, Expectations and R&D Challenges // Procedia CIRP. – 2019. – No. 79. 3-8. – [Electronic resource]. – Access Mode: https://doi.org/10.1016/j.procir.2019.02.001.
14. Maier A., Weigelt S., Brökelmann T. Industry 4.0 and the Digital Twin: A Framework for Creating a Cyber-Physical System // Journal of Industrial Information Integration. – 2020. – 20. – [Electronic resource]. – Access mode: https://doi.org/10.1016/j.jii.2020.100144.
ECONOMY. RIGHT. SOCIETY
KHOSLA Gaurav
Ph.D. in economic sciences, the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation (RANEPA)
INDIAN ECONOMIC REFORMS IN 1991 – WHY WERE THEY NEEDED
The article examines the economic crisis in India in 1990-91, associated with major internal and external geopolitical events of the same period, and, as a result, the measures taken by the then Indian government to prevent sovereign default. The article analyzes the economic situation of the Indian economy in 1991, including the Balance of payment crisis in India and the reasons responsible for the same, which forced the Ministry of Finance of India, in its annual budget, to carry out first major fiscal reforms of Indian economic policy since Indian independence. The article studies and analysis of the reforms carried out by Government of India in following years with new policies, change in existing policies and how they were different from old policies. This research paper will be concluded and followed by another research paper as part 2 analyzing the impact of these reforms on the Indian economy in the next three decades till 2021 with their flaws and successes.
Keywords: 1991, Economic crisis, Balance of payments, Devaluation, Current account deficit, Export, Import, License Raj, Economic liberalization, Privatization, Globalization, Foreign investment, GDP growth.
References
1. Swaminathan S. Anklesaria Aiyar. Twenty-Five Years of Indian Economic Reform // Cato Institute, Policy Analysis. 2016. No. 3.
2. Baldev Raj Nayar. When did “Hindu” growth rates end? // Economic and political weekly. 2006. No. 41 (19). S. 1885-1890.
3. Annapurna Mitra and Ria Kasliwal. Twin Crises in the Persian Gulf: Implications for India // Observer Research Foundation, ORF Special Report. April, 2020. – № 105.
4. Alexander Sharkovsky. The battle for oil prices in the Persian Gulf, the West skillfully built a trap for its former ally Saddam Hussein, 2017. [Electronic resource]. – Access mode: https://nvo.ng.ru/wars/2017-09-22/1_966_oil.html (accessed 12/27/2022)
5. The collapse of the USSR and its impact on international relations. [Electronic resource]. – Access mode: https://www.yourarticlelibrary.com/history/collapse-of-ussr-and-its-impact-on-international-relations/48505 (Accessed 12/29/2022)
6. Suzanne Hober Rudolph and Lloyd I. Rudolph. The collapse of the Soviet Union shocked India, 1991. [Electronic resource]. – Access mode: https:// www.csmonitor.com/1991/1007/07182.html (Accessed: 12/29/2022)
7. Valeria Serra and Sveta Chaman Saxena. What caused the 1991 currency crisis in India? International Monetary Fund October 2000 No. WP/00/157
8. Budget 1991: What Manmohan Singh promised and what was done, 2011 [Electronic resource]. – Access mode: https://economictimes. indiatimes.com/news/politics-and-nation/budget-1991-what-manmohan-singh-promised-and-what-was-delivered/articleshow/9339032.cms?from=mdr (accessed 01/09/2023)
9. Ajit Kumar Singh. Fiscal Reforms in India since 1991: A Critical Appraisal // Indian Journal of Public Administration. July, 2004.
– No. 50 (3). pp. 733-745.
10. Lawrence R. Klein and T. Palanivel. Economic Reforms and Growth Prospects in India. Australian National University. Australian Research Center for South Asia, 2001.
11. Deepali and Kunal Loutra. Transforming the Indian Economy (with Special Focus on Liberalization, Privatization and Globalization) // IJRAR. 2018. No. 5 (1).
12. Deepali and Kunal Loutra. Transforming the Indian Economy (with Special Focus on Liberalization, Privatization and Globalization) // IJRAR. 2018. No. 5 (1).
13. Ahluwalia M. S. Economic reforms in India: achievements and further steps // Review of economic policy in Asia. 2018. No. 14. P. 1–17.
14. Aditya Bhattacharjeya. Industrial policy in India since independence // Indian Economic Review. 2022. No. 57. P. 565-598.
ECONOMY. RIGHT. SOCIETY
ZAYTSEVA Anastasia Andreevna
postgraduate student of the Anatoliy Sobchak International Banking Institute
WAYS TO IMPROVE THE COMPREHENSIVE ASSESSMENT OF THE EFFECTIVENESS OF CONSTRUCTION ORGANIZATIONS IN MODERN ECONOMIC CONDITIONS
A comprehensive assessment of the effectiveness of the activities of construction organizations is the most important task of the development of the national economic complex, since construction, as an economic complex, determines the process of reproduction of the residual operational resource of the country’s fixed assets. The object of research is the construction complex, as an industry for the reproduction of the passive part of the country’s fixed assets. The subject of the study is the state of a separate economic entity (an element of a building complex), characterized by complexity. The study pressnts a grouping of indicators: financial, operational, strategic, sustainability indicators, which comprehensively and fully characterize the state of a construction organization. The necessity of evaluating the effect as a complex additive indicator of budgetary, social and economic effects is argued. Strategic tools for the organization of a system of integrated assessment of the effectiveness of construction organizations in modern conditions are presented.
Keywords: budget effect, social effect, economic effect, social responsibility, financial situation.
References
1. Sukhova O. V. Social approach in the system of remuneration and remuneration of managerial personnel in construction // Discussion. – 2021. – No. 6 (109). – S. 20-26. – DOI 10.46320/2077-7639-2021-6-109-20-26. – EDN ROIKRV.
2. Khairullin V. A., Akhundov E. R., Kuznetsov D. V., Zentsov V. N. Assessment of the social and budgetary effect in the implementation of investment projects of a cost type in construction. – Kazan: Buk Limited Liability Company, 2021. – 226 p. – ISBN 978-5-00118-689-2. – EDN UJFIKO.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of the Ufa State Petroleum Technical University
BAKIEVA Diana Ilshatovna
student of the Ufa State Petroleum Technical University
ASLANYAN David Vardanovich
student of the Ufa State Petroleum Technical University
COMPARATIVE ECONOMIC EVALUATION OF THE USE OF CATALYTIC FILTER MATERIALS IN DE-IRONING AND DEMANGANATION
This article presents modern catalytic filter loadings of domestic production, which are used for water purification. As a technological structure, the filter material is described by a number of parameters that the structures, as well as the result of water treatment itself. By changing these parameters, it is possible to determine the efficiency of structures and the quality of the prepared water, and when developing a technology for water treatment, it is necessary to determine more economical parameters of the filter material. Studies show that the filter loading in the process of degreasing and demanganation is the main factor causing the removal of manganese and iron from groundwater.
Keywords: water treatment, demanganation, degreasing, iron and manganese removal efficiency, catalytic filter loadings, MFF, MFO-47, Sorbent AC, Sorbent AC+MS, quartz sand, pressure filter, economic assessment.
References
1. Nikoladze G. I. Deferrization of natural and circulating waters. – M: Stroyszdat, 1980. – 160 p.
2. Zhivotnev V. S., Sukasyan B. D. Iron removal of natural waters. – M., 1975. – 67 p.
3. SanPin 2.1.4.1074-01 Drinking water. Hygienic requirements for water quality of centralized drinking water supply systems. Quality control. – Moscow, 2002. – P. 6.
4. SNiP 2.04.02-84*. Water supply. External networks and facilities. – M.: Stroyizdat, 1984. – 65 p.
5. Klyavlina Ya. M., Klyavlin M. S., Bobkov O. V., Talipov R. A. Increasing economic efficiency while improving the organization of the production process. Eurasian Law Journal. – 2017. – No. 12 (115). – P. 401-402.
ECONOMY. RIGHT. SOCIETY
KOSTYLEVA Elena Gennadjevna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
GIMRANOV Azamat Albertovich
student of the Ufa State Petroleum Technological University
CONSEQUENCES OF RAISING THE RETIREMENT AGE FOR THE LABOR MARKET
The authors consider the impact of the pension reform in Russia on the labor market and the attitude of the population to the fact of raising the retirement age. The study is based on the data of the author’s sociological study among the working population and pensioners of the city of Ufa, Republic of Bashkortostan. The authors conduct an analytical review of publications of economists and statistical data to determine the consequences of the pension reform for the development of the country’s economy.
Keywords: pension reform, labor market, population of the country.
References
1. Gabdulkhakova R. V., Kozlova Yu. B., Grogulenko N. V. Media image: modern interpretations and approaches to the study // Eurasian legal journal. 2021. No. 4 (155). pp. 406-407.
2. Gaisina L. M., Levashov D. A. Labor collective as an institution of social rehabilitation of people with disabilities // Intelligent technologies and means of rehabilitation and habilitation of people with disabilities (ITSR-2018). Proceedings of the III International Conference. 2018. P. 325-329.
3. Gareev E. S., Kostyleva E. G. The middle class as an element of the sustainability of the social hierarchy of the Russian society // Economics and management: a scientific and practical journal. 2016. No. 3 (131). pp. 73-77.
4. Grogulenko N. V., Azamatova K. A., Arslanov A. A., Palaev P. S. Content marketing trends in 2021 // Eurasian legal journal. 2021. No. 3. (154). pp. 428-429.
5. Grogulenko N. V., Levashov D. A. The importance of “digital competencies” of specialists for the development of information technologies at oil and gas enterprises // Eurasian legal journal. 2022. No. 5 (168). pp. 436-437.
6. Ivanova A. A., Shildt L. A. Social cultural cluster as a system of active interaction between the social strata of the city of Ufa // Bulletin of a young scientist of the UGNTU. 2015. No. 2 (2). P. 99-101.
7. Karachurina G. G., Shildt L. A., Tupikina P. S. Crisis 2020 as a factor in reducing investment in the global oil and gas industry // Economics and Management: Scientific and Practical Journal. 2021. No. 2 (158). pp. 52-56.
8. Kozlova Yu. B., Kostyleva E. G., Litvinenko I. L. Optimization of the economic efficiency of communication channels and tools in the context of a long-term viral pandemic: problems and trends // Economy and the state: new incentives and challenges for economic development in a long-term viral pandemic. Moscow, 2022, pp. 154-189.
9. Kostyleva E. G., Vakhitova R. T., Bikbulatova D. R., Biryuzov O. S. Electoral behavior of students of Russian universities // Eurasian Law Journal. 2020. No. 1 (140). P. 363-364.
10. Kostyleva E. G., Zaripova D. R. Conditions for the formation of a model of innovative development of the oil and gas industry in Russia on the example of the Rosneft enterprise // Eurasian legal journal. 2021. No. 4 (155). pp. 450-451.
11. Kostyleva E. G., Yusupov R. M., Yusupova G. R. The attitude of Russian youth to electoral processes // Eurasian Law Journal. 2019. No. 12 (139). pp. 351-352.
12. Kosintseva T. D., Khairullina N. G., Gluhih I. N., Pryakhina E. N., Nikiforov A. Yu., Bogdanova J. Z. The life of young Russia: value orientations and life paths // Espacios. 2017. V. 38. No. 56. S. 25.
13. Bakulina Yu. V., Nikiforov A. Yu., Minakov P. A., Burangulov E. R. The role of education in shaping the ecological culture of contemporary students // Education in the Asia-Pacific Region. 2022. V. 65. S. 23-30.
14. Gaisina L. M., Barbakov O. M., Koltunova Yu. I., Shakirova E. V., Kostyleva E. G. Social management systems’ modeling based on the synergetic approach: methods and fundamentals of implementation // Academy of Strategic Management Journal. 2017 Vol. 16. No. Special issue 1. pp. 83-95.
15. Kostyleva E. G., Safin T. I., Galin I. N. Influence of digitalization of economy on social responsibility of engineering workers of fuel and energy complex // Eurasian Law Journal. 2020. No. 7 (146). pp. 446-447.
16. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Impact of the process of digitalization of the economy on deviant forms of economic behavior // Business 4.0 as a Subject of the Digital Economy. Cham, 2022, pp. 433-438.
17. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Social responsibility of engineering staff workers as a factor in the economic growth of the national economy // Business 4.0 as a Subject of the Digital Economy. Cham, 2022. P. 81-86.
ECONOMY. RIGHT. SOCIETY
POLSHAKOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
GRISHINA Svetlana Yurjevna
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
DIMOV Alexey Alexandrovich
senior lecturer of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
TRENDS IN THE DEVELOPMENT OF THE AGRO-INDUSTRIAL COMPLEX OF THE REGION IN THE DIGITAL SPACE
The publication reveals the main characteristics of diagnosing the current state and prospects for the introduction of digital technologies in the productionprocesses of the regional agro-industrial complex. The authors substantiate the relevance of their use for the formation of a vector for the effective functioning of agriculture, which is important for ensuring the required level of national food security. The study focuses on the need to create favorable conditions for the use of digitalization tools and tools in the business processes of the agro-industrial complex, which can increase their productivity and ensure the growth of a material product.
Keywords: digital economy, agricultural organizations, digitalization of agriculture, goals of digital transformation, tasks of digital transformation.
References
1. Decree of the Government of the Russian Federation of July 28, 2017 No. 1632-r “On approval of the program “Digital Economy of the Russian Federation” // SPS Consultant Plus.
2. Abdrakhmanova G., Kovaleva G. Growth of costs for the development of the digital economy: express information from ISSEK NRU HSE. – M., 2022.
3. Buklagin D. S., Mishurov N. P., Fedorenko V. F., Solovyov S. A., Balabanov V. I. Digital technologies and management systems for agricultural production. – M.: FGBNU “Rosinformagrotech”, 2021 – 88 p.
4. Abdrakhmanova G. I., Vishnevsky K. O., Gokhberg L. M. et al. Indicators of the digital economy 2021: stat. Sat. – Moscow: NRU HSE, 2021. – 381 p.
5. Kalinicheva E. Yu., Uvarova M. N., Kuznetsova T. M., Zhilina L. N. Economic assessment of the agro-industrial complex of the region in the context of digitalization of socio-economic processes // Bulletin of the Kursk State Agricultural Academy. – 2021. – № 9.
6. Polshakova N. V. Digital transformation of Russian agriculture as a technological breakthrough and the transition to Industry 4.0 // Challenges of the present and strategy for the development of the agrarian economy. Materials of the international scientific-practical conference. – Eagle, 2022. – P.104-110.
7. Polshakova N. V., Alexandrova E. V. Automation of the control system, analysis and planning of production activities of the NIPC “Integration” // Bulletin of Agrarian Science. – 2021. – No. 2 (89). – P. 52-159.
8. Trachuk A. V., Linder N. V., Antonov D. A. Influence of information and communication technologies on the business models of modern companies // Strategic decisions and risk management. – No. 5. – P. 60-69.
9. Shatokhin M. V., Gordeev I. A., Ignatova M. N., Kremer K. A. Status and prospects of digitalization of the regional agro-industrial complex // Bulletin of the Kursk State Agricultural Academy. – 2021. – № 8.
ECONOMY. RIGHT. SOCIETY
PCHELINTSEVA Svetlana Alexandrovna
associate professor of International finance and accounting sub-faculty of the St. Petersburg University of Management and Economics Technologies
DAVYDOVA Olga Anatoljevna
associate professor of International finance and accounting sub-faculty of the St. Petersburg University of Management and Economics Technologies
KEY PROBLEMS OF SMALL BUSINESS IN MODERN CONDITIONS
In this article, the authors reveal the main problems faced by small businesses in modern conditions. The authors rightly emphasize that small businesses have fundamental economic problems that they have to deal with in modern conditions. As a result of the study, the analysis of the main problems faced by small businesses in modern conditions was carried out. In the conclusion of the study, the authors conclude that despite the large number of problems that arise on the path of small business development, there is a positive trend in the destruction of stereotypes and the search for new business opportunities.
Keywords: problems of small business, small business, automation, increasing competitiveness, globalization, digitalization, innovation.
References
1. Begzi A.D. From plan to plan… Anniversary of the economic bodies of Tuva and tasks of strategic planning // New studies of Tuva. – 2011. – No. 4 (12). – P. 46-61.
2. Zakatenkova D. S., Zhukovsky D. A. Factors of industrial enterprise competitiveness. In the collection: Development of economics and management in the context of the transition to a digital economy. Collection of scientific papers. Under the general editorship of K. A. Barmuta. – Rostov-on-Don, 2021. – P. 86-90.
3. Murygina L. S. The theory of small business in a market economy [Text]: monograph. – Chelyabinsk: ZAO “A. Miller’s Library”, 2018. – 212 p.
4. Porter, E. M. Competitive strategy: A methodology for analyzing industries and competitors. – M.: Alpina Publisher, 2019. – 453 p.
5. Satdarova L. F., Sotskova S. I. The role of accounting in improving the efficiency of small business // Proceedings of the Institute of Management Systems SGEU. – 2017. – 1 (15). – P. 271-273.
6. Khramchenko N. A. Problems of small business in Russia. In the collection: All-Russian Forum of Young Researchers. – 2021. – S. 46-49.
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
CONCEPTUAL SOLUTIONS FOR ATTRACTING INVESTMENT FUNDS TO THE PRODUCTION SECTOR OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The article is dedicated to the study of increasing the economic efficiency of the penal system of the Russian Federation. It should be noted that at present there is a slowdown in the growth of the world economy after the pandemic and the sanctions imposed by Western countries. Modern “partnership” within the framework of PPP is built on the basis of mutually beneficial cooperation of public and private structures created for specific purposes and based on the relevant agreements of the parties.
Keywords: economy, convicts, security, public-private partnership, penal enforcement system.
References
1. Sedykh V. A., Avdeev V. V., Rodionov A. V., Skiba A. P. Some issues of legal regulation of employment of convicts sentenced to forced labor within the framework of public-private partnership in the production sector of the penitentiary system of the Russian Federation / / Vedomosti penitentiary system. – 2020. – No. 10 (221). – P. 53-61.
2. Order of the Federal Penitentiary Service of Russia dated April 23, 2010 No. 171 “On approval of the Regulations on the management of labor adaptation of convicts of the Federal Penitentiary Service”// ATP ConsultantPlus.
3. Radchenko E. P., Shamsunov S. H., Tishchenko Y. Y., Pyrchenkova G. S. Public-private partnership projects in increasing efficiency of penal institutions production sector. ICEST 2020.International Conference on Economic and Social Trends for Sustainability of Modern Society. Article 50, P. 443-451. DOI: 10.1051/epsbs/2020.10.03.50. [Electronic resource]. – Access mode: https://www.europeanproceedings.com/files/data/article/10005/11370/article_10005_11370_pdf_100.pdf
4. Radchenko E. P., Vdovina A. N. Attracting off-budget investments as a way to ensure the economic security of public-private partnership projects // Man: crime and punishment. – 2022. – V. 30. No. 2. – S. 206-216.
5. Rodionov A. V., Zvyagina A. V., Krut A. A. Risks in the implementation of public-private partnership projects: classification, management, minimization directions // Azimut of Scientific Research: Economics and Management. – 2020. – V. 9. No. 3 (32). – S. 297-300.
6. Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 05.04.2013 No. 44-FZ // SPS Consultant Plus.
7. Grishin D. A., Pavlova L. V. Organization and legal framework for financial support and departmental financial control of institutions and bodies of the Federal Penitentiary Service of Russia in the context of reforming the penitentiary system. – Ryazan, 2010.
8. Yunusov E. A., Olenev M. G. Outstaffing as an instrument of public-private partnership to ensure the employment of convicts in the penitentiary system. Scientific works of FKU NII FSIN of Russia, issue 1. – M.: FKU NII FSIN of Russia, 2019. – P. 227-233.
ECONOMY. RIGHT. SOCIETY
SEDYKH Vladimir Alexandrovich
Ph.D.in agricultural sciences, Ph.D. in biological sciences, chief researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the study of problems of management and organization of the execution of sentences in the penal system of the Federal Penitentiary Institution Scientific Research Institute of the FPS of Russia
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
FEATURES OF RATIONAL USE OF AGRICULTURAL LAND IN THE RUSSIAN FEDERATION
The article is dedicated to the study of the features of rational use of agricultural land in the Russian Federation. All the attention of the state is focused on them. They are under the control and supervision of the authorities at all levels. The reason for the state’s concern for these lands lies in their ability to reproduce agricultural plants. Agriculture is based on this ability of the earth, food security and independence of our country are ensured. Therefore, it is important for organizations, including institutions of the penal enforcement system of the Russian Federation, possessing agricultural lands and engaged in the cultivation of agricultural crops, to know not only the purpose of the land, but also what soils are present on its territory, what properties they possess and whether they are suitable for growing crops.
Keywords: land, land management, food security, penal enforcement system.
References
1. Federal Law of June 18, 2001 No. 78-FZ “On Land Management” // ATP Consultant Plus.
2. Land Code of the Russian Federation” dated October 25, 2001 No. 136-FZ (as amended on February 16, 2022) (as amended and supplemented, effective from March 1, 2022) // ATP Consultant Plus.
3. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022) // ATP Consultant Plus.
4. Buklagin D.S. The fifth technological order: the place of the agro-industrial complex in Russia // Economic analysis: theory and practice. – 2017.
5. Altukhov A. I. Agricultural zoning as a basis for developing a scheme for the distribution and specialization of agriculture. Economics of agriculture in Russia. – 2018. – No. 8. – P. 2-11.
6. Volkov S. N. Land management. T. 1-9. – M.: Kolos, 2002-2009.
7. Dokuchaev VV Materials for the assessment of the land of the Nizhny Novgorod province. Report on the Nizhny Novgorod provincial zemstvo. Issue. 1. – St. Petersburg: Evdokimov’s Printing House, 1886. – 391 p.
8. V. I. Savich, Kh. A. Amerguzhin, I. I. Karmanov, I. I. Karmanov, D. S. Bulgakov, Yu. V. Fedorin, and L. A. Karmanova, Soil Assessment. – Astana, 2003.
9. Uskov I. B., Uskov A. O. Fundamentals of agriculture adaptation to climate change. – St. Petersburg, 2014. – 384 p.
10. Yakushev V. P., Yakushev V. V. Information support for precision agriculture. – St. Petersburg: Publishing House of PNPI RAS, 2007. – 384 p.
11. Agro-ecological land assessment, design of adaptive-landscape systems of agriculture and agricultural technologies. Methodological guide. Ed. V. I. Kiryushina, A. L. Ivanova – M .: FGNU “Rosinformagrotech”, 2005. – 784 p.
12. Federal Service for State Registration, Cadastre and Cartography. [Electronic resource] – Access mode: https://rosreestr.gov.ru (date of access: 16.03.2023).
13. Sedykh V. A., Radchenko E. P. Soils of agricultural lands of the penal system of the Russian Federation. – 2022. – Issue 3. – P. 209-214.
ECONOMY. RIGHT. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economic sciences, professor of Innovative entrepreneurship (IBM7) sub-faculty of the N. E. Bauman Moscow State Technical University
GLINKINA Elina Maksimovna
student of the 4th course of the N. E. Bauman Moscow State Technical University
IMPORT SUBSTITUTION IN THE RUSSIAN FEDERATION: ASYMMETRY OF INVESTMENT ACTIVITIES IN INNOVATION
The article reveals the problem of asymmetry of innovations and investments in the Russian economy in the context of solving the problems of import substitution and ensuring technological sovereignty.
The issues of coordination of innovation and investment activities were updated. An analysis of the current regulatory framework in the field of state support for innovations in the Russian Federation has been made. Quantitative indicators of investments in fixed assets of sectors of the Russian economy have been updated.
The program measures of the state support for innovations in Russia were systematized, the classification of forms and methods of stimulating innovative activities was carried out.
The problems of developing innovative infrastructure have been identified. Proposals have been developed to eliminate the asymmetry of investment activities in the innovation field.
Keywords: innovation, investment, infrastructure, government programs, asymmetry.
Reference list
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2. Chistova M.V. State support of innovation activities: the experience of the regions of the Russian Federation // Bulletin of the Adygei State University. Series 5: Economy. 2017. No. 2 (200). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennaya-podderzhka-innovatsionnoy-deyatelnosti-opyt-regionov-rossiyskoy-federatsii.
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4. Decree of the President of the Russian Federation of May 7, 2018 No. 204 “On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024 [Electronic resource]. – Access mode: https://docs.cntd.ru/document/557309575.
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8. Kirbitova S. V., Nikitina K. K. Import substitution policy in theory and practice // Customs policy of Russia in the Far East. 2018. No. 4 (85). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/politika-importozamescheniya-v-teorii-i-praktike/viewer.
9. Federal Law of November 26, 2020 “On the federal budget for 2021 and for the planning period of 2022 and 2023”. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/573038220.
10. Oborin M. S. Problems and prospects of import substitution of food products in the Russian Federation // Bulletin of the Mari State University. Series “Agricultural sciences. Economic Sciences. No. 3 (23), 2020. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-i-perspektivy-importozamescheniya-prodovolstvennyh-tovarov-v-rossiyskoy-federatsii.
11. Krivenko N. V., Epaneshnikova D. S. Innovative import substitution as a new impetus for economic development // Russia: trends and development prospects. 2021. No. 16 (1). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovationnoe-importozameschenie-kak-novyy-impuls-dlya-razvitiya-ekonomiki.
12. Popova I. N., Sergeeva T. L. Import substitution in modern Russia: problems and prospects // Beneficium. 2022. No. 2 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/importozameschenie-v-sovremennoy-rossii-problemy-i-perspektivy.
13. Karelina M. G. Innovative activity of Russian regions: problems of measurement and econometric approach // Regional economy: theory and practice. 2015. No. 21 (396). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnaya-aktivnost-rossiyskih-regionov-problemy-izmereniya-i-ekonometricheskiy-podhod.
14. Kharlamov A. V., Kharlamova T. L., Ponyaeva I. State management of innovative development using the possibilities of import substitution // Proceedings of St. Petersburg State University of Economics. 2022. No. 4 (136). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-upravlenie-innovatsionnym-razvitiem-s-ispolzovaniem-vozmozhnostey-importozamescheniya.
15. Tumanyan Yu. R., Industriev M. A. Import substitution as a factor in the innovative development of the Russian economy. Bulletin of the Saratov University New series. Ser. Economy. Control. Right. 2022. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/importozameschenie-kak-faktor-innovatsionnogo-razvitiya-ekonomiki-rossii.
16. Ushakova E. V., Pak H. S. The role of innovation potential in the region’s import substitution policy // TDR. 2015. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-innovatsionnogo-potentsiala-v-politike-importozamescheniya-regiona.
17. Petrishche V. I. Formation of the national innovation system in the conditions of the developing economy of Russia // Regional economy: theory and practice. 2009. No. 21. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-natsionalnoy-innovatsionnoy-sistemyvusloviyah-razvivayuscheysya-ekonomiki-rossii.
18. Kolomyts O. N. Regional aspectsdevelopment of innovative activity // Economics and management in the XXI century: development trends. 2013. No. 13. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/regionalnye-aspekty-razvitiya-innovatsionnoy-deyatelnosti.
19. Zhakevich A. G. Import substitution: problems and prospects // Vestnik MIEP. 2015. No. 1 (18). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/importozameschenie-problemy-i-perspektivy.
ECONOMY. RIGHT. SOCIETY
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, professor, Academician of the Academy of Sciences of the Republic of Bashkortostan, chief researcher of the Institute for Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences
FAYZULLIN Tagir Fanilevich
Ph.D. in sociological sciences, Rector of the Institute for Continuing Professional Education in Health Care at the Medical Chamber of the Republic of Bashkortostan
THE MAIN APPROACH TO THE STUDY OF SOCIAL CAPITAL IN MODERN FOREIGN SCIENCE
Social capital studies are interdisciplinary in nature, involving representatives of various sciences. In the current situation, an ambiguous understanding of the essence and content of this complex phenomenon is revealed. The creation of a common fundamental basis for further research on this phenomenon and its implementation requires studying the formation of the very category of “social capital” in the scientific literature. In this regard, the article analyzes the formation and use of the category “social capital” in foreign publications. The article states that foreign researchers have done significant work to study certain aspects of social capital, the results of which should be used in further research of this phenomenon. At the same time, it is substantiated that in Western literature social capital is mainly considered as a socio-psychological phenomenon, and at the same time its boundaries are determined by the sphere of relations of a particular community, in which mutual communication is established on the basis of trust and certain established norms of behavior. The idea that social capital should be studied on the basis of understanding the essence of capital in general and social relations in their organic relationship is substantiated.
Keywords: social capital, social and socio-psychological relations, norms, public relations, communities and associations, civic engagement, responsibility.
Reference bibiography
1. Fayzullin F.S., Fayzullin I.F. Social capital as an object of management // Proceedings of the USC RAS. P. 85-90.
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8. Coleman J. S. Social Capital in the Creation of Human Capital // The American Journal of Sociology. No. 94. P. 95-120.
9. Putnam R. D. Making democrace work: Civic traditions in modern Italy. Princeton: University Press. 1992. Vol 7. 152 p.
10. Putnam R. To make democracy work. Civic Traditions in Modern Italy. M.: Ad Marginem? 1996. 288 p.
11.Ostrom. E. Social Capital Fadora: fundamental concept // Social Capital, a Multifacted Perspective. Washington: World Bank, 2000. P. 247.
12. Fukuyama F. Trust: social virtues and the path to prosperity. M.: AST, 2008. 730 p.
13. Parsons L. Embedding the “BLACK-BOX. A Ratformulated Social Capital Theory for the Explorating of Socio-Physical Linrages // Cogent social sciences. 2005. No. 1. P. 75-103.
14. Portes A. Social Capital: Jts Origins and Application in Modern Sociology //Annual Review of Sociology. 1998 Vol. 24. P. 12-38.
15. Woolcock M. The Place of Social Capital in Understanding Social and Economic Outiomes // Isuma: Canadian Journal of Policy Research. 2001 Vol. 27. No. 2. P. 107-126.
16. Offe K. Social Capital. Conceptional Problems and Mode of Action. Berlin, 1999. 341 p.
17. Fischer C. Bouling Alone: Whotis the Score // A Social Networks. 2005 Vol. 27. No. 4. P. 146-172.
18. Fine B. They You Up Those Social Capitalists // Antipode, 2002. Vol. 34. No. 4. P. 796-799.
19. Durlauf S. N. Fafchamps M. Social Capital // Handbook of Economic Grow. Elsevier. 2005. Vol 16. P. 1939-1699.
20. FaizUllin F. S. Formation of the social capital of the region: problems and factors. Under the general editorship of Faizullin F. S. Sadykov R. M., Faizullin T. F. et al.
ECONOMY. RIGHT. SOCIETY
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
ASSESSMENT OF INDICATORS OF THE DEVELOPMENT OF SMALL AND MEDIUM ENTERPRISES IN REGIONAL PERSPECTIVE
This article presents an assessment of the development indicators of economic entities that form the sector of small and medium-sized businesses in the regions of Russia, presents the dynamics of indicators of regional socio-economic development, reflecting the specifics of the entrepreneurial activity of economic entities.
Keywords: entrepreneurship, region, indicators of socio-economic development, small and medium-sized businesses.
References
1. Unified register of small and medium-sized businesses. [Electronic resource]. – Access mode: https://ofd.nalog.ru.
2. Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru.
3. Federal portal of small and medium business. [Electronic resource]. – Access mode: http://smb.gov.ru/
ECONOMY. RIGHT. SOCIETY
CHELPANOVA Marina Mikhaylovna
Ph.D. in economical sciences, associate professor, Head of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, colonel of police
PONEZHINA Lyudmila Yurjevna
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
THE CURRENT STATE AND THREATS TO THE FINANCIAL SECURITY OF THE STATE
Financial security is an important component of the economic security of the state. Therefore, it is important to take into account the impact of financial security threats on economic sectors and to separate them depending on the nature of the threat. The factors of the emergence of threats to the financial security of the state, components of financial security in the structure of national security, threats to the components of the financial security of the state are considered.
Keywords: financial security, economic security, the state, internal threats, external threats, factors, indicators.
References
1. Grafova T. O., Shapovalov A. F. Risks and threats to economic security in the digital economy // Azimut of scientific research: economics and management. – 2020. – V. 9. No. 1 (30). – P. 382-386.
2. Dyubanova Yu. V. Financial security of Russia in modern conditions // TDR. – 2022. – No. 2. – P. 75.
3. Kudryashov V. S., Doberchuk V. Yu. Modern threats to the financial security of Russia // Juvenis scientia. – 2018. – No. 6. – P. 4.
4. Kuzminova O. A., Inevatkina S. R. Analysis and assessment of existing challenges and threats to the financial and economic security of the Russian Federation at the present stage // Economics and business: theory and practice. – 2022. -№ 9. – P. 111.
5. Rakhmatullina S. K. Economic security of the state // Potential of the Russian economy and innovative ways of its implementation. – 2018. – S. 298-302.
ECONOMY. RIGHT. SOCIETY
KHABIROV Yulay Marsovich
magister student of the Ufa State Petroleum Technical University
KHAMIDULLIN Ildar Salimovich
associate professor of the Ufa State Petroleum Technical University
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of the Ufa State Petroleum Technical University
PROSPECTS FOR IMPROVING THE ENERGY EFFICIENCY OF HEAT SUPPLY OF BUILDINGS AND STRUCTURES
In this article, the task is to study the economic feasibility of introducing the recovery of secondary thermal energy for the needs of heat supply and hot water supply of buildings and structures. This solution has a high potential for energy saving, since it uses cheap secondary thermal energy, which is waste from various technological processes. The introduction of recuperation helps to reduce emissions of carbon oxides into the atmosphere and has a positive environmental impact. Nevertheless, such a solution has disadvantages, such as the possibility of implementation only in conditions of being in close proximity to sources of waste heat energy, dependence on the power of the source, features of the technological process [1].
In order to assess the possibility of using the recovery system as an alternative source of thermal energy, a SWOT analysis of two variants of heat supply schemes was carried out. The advantages and disadvantages of the proposed solutions are revealed, the prospects of their implementation in the market are being evaluated.
Keywords: alternative heat sources, secondary thermal energy, heat recovery, heat utilization, economic feasibility.
References
1. Khabirov Yu. M, Khamidullin I. S. Possibility of waste heat recovery of a refrigeration plant as part of the modernization of hot water supply systems of buildings // Technical and technological systems: materials of the thirteenth International scientific conference “TTS-22” (November 23–25, 2022) / FGBOU VO “KubGTU”, KVVAUL them. A.K. Serov. – Krasnodar: Publishing House – South, 2022. – 478 p.
2. Strategy for the development of the construction industry and housing and communal services of the Russian Federation for the period up to 2030 with a forecast up to 2035 [Electronic resource]: approved. Decree of the Government of the Russian Federation dated October 31, 2022 No. 3268-r. Access from the legal system “ConsultantPlus”
3. Doračić B., Novosel T., Pukšec T., Duić N. Evaluation of excess heat utilization in district heating systems by implementing levelized cost of excess heat district heating // Energies. – 2018. – No. 11. – P. 575-589.
4. Asonov D. A., Romanova T. N. Heat recovery of the TsOD // Energy and resource saving. Energy supply. Non-traditional and renewable energy sources. Nuclear Energy: Proceedings of the International Scientific and Practical Conference of Students, Postgraduates and Young Scientists, dedicated to the memory of Professor N. I. Danilov (1945–2015) – Danilov Readings (Yekaterinburg, December 09–13, 2019). – Ekaterinburg: UrFU, 2019. – P. 34-37.
5. Kasatkin I. V., Vereshchak M. R. Increasing the energy efficiency of air conditioning systems for data processing centers // Bulletin of the Magistracy. – 2020. – No. 3. – 3 (102). – P. 48-51.
6. Klyavlina Ya. M., Talipov R. A., Klyavlin M. S., Yusupov D. D. Energy saving measures in the operation of heat exchange equipment for hot water supply // Water supply, water disposal and environmental protection systems. – 2020. – S. 239-244.
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9. Samoyavchev I. S. Evaluation of the economic indicators of the project for the use of OCR installations in the painting shops of the automobile production of the Gorky Automobile Plant // Intelligent Electrical Engineering. – 2018. – No. 4. – S. 35-42.
ECONOMY. RIGHT. SOCIETY
BULGAKOV Dmitriy Alexeyevich
magister student of the 2nd course of the I. S. Turgenev Orel State University
TUMANOV Daniil Aleksandrovich
magister student of the 2nd course of the I. S. Turgenev Orel State University
TUMANOVA Anna Vladimirovna
magister student of the 2nd course of the I. S. Turgenev Orel State University
REGIONAL TOURISM CLUSTERS AS AN INSTRUMENT OF REGIONAL ECONOMIC POLICY (ON THE EXAMPLE OF THE OREL REGION)
The enormous importance of spatial configurations of tourism is of growing interest to scientists, which increases the need for rigorous theoretical and empirical studies of tourism clusters as integral tools of regional economic policy. In this study, attempts are made to reveal the criticality of tourism clusters, to clarify their multifaceted role as catalysts for regional socio-economic growth and sustainable development.
Keywords: tourism clusters, regional economic policy, sustainable development, agglomeration economy, territorial competitiveness, cluster configuration, regional economic growth.
References
1. Government of the Oryol region. Order dated December 13, 2016 No. 585-r. “On approval of the Strategy for the development of the tourist cluster of the Oryol region”. (as amended on July 22, 2019) (as amended by Order of the Government of the Oryol Region dated July 22, 2019 N 356-r).
2. Abakumov S. N., Abakumova V. A. Tourist cluster of the Oryol region as a tool for inclusion of cultural heritage objectsin the tourist space // Uchenye zapiski (Altai State Academy of Culture and Arts). – 2019. – no. 2 (20). – P. 5-10.
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6. Tikhiy V. I. Improving the competitiveness of the territory based on the development of regional clusters. materials of the All-Russian Conference of MARS (International Academy of Regional Development and Cooperation) of the Institute of Geography of the Russian Academy of Sciences “Russian Outback – Models and Methods of Study”. – Moscow-Penza, June 2012. – P. 188-193.
7. Tikhiy V. I. Spatial transformation of the regional economy under the influence of the process of intra-regional clustering. Uchenye zapiski Oryol State University. Science Magazine. – 2010. – No. 3 (37). Part 1. – P. 18-21.
8. Tikhiy V. I. Creation and development of a tourist cluster in the region // Man and geographical environment Sat. tr. International Scientific and practical. conf. // Under the total. ed. A. M. Saraeva, L. V. Sukhanova. – Eagle: OSU named after I. S. Turgenev”, 2017. – 147s. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=30111286.
9. Tihiy V. I. Creation of clusters in the spheres of the agro-industrial complex: an effective option for implementing an integration strategy based on increasing the innovative and investment activity of the regional agro-industrial complex // Proceedings of the All-Russian scientific and practical conference “Problems of the functioning of the public sector in a transformational economy” – OSU, 15-17 October 2007. – P. 135-140.
10. Fedoseeva A. A., Petrukhina E. V. Integration of tourism into the economic system of the Oryol region through the development of tourist information centers // Integration of tourism into the economic system of the region: prospects and barriers. – 2021. – P. 57-62.
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12. Etzkowitz H., Leydesdorff L. The dynamics of innovation: from National Systems and “Mode 2” to a Triple Helix of university–industry–government relations // Research policy. – 2000. – T. 29. No. 2. – S. 109-123.
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14 Jugmohan, Sean & Spencer, J & Stein, Jacobus. (2016). Local natural and cultural heritage assets and community based tourism: Challenges and opportunities. 22. 306-317.
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ECONOMY. RIGHT. SOCIETY
NIZAMETDINOVA Ekaterina Alexeevna
magister student of the Ufa State Petroleum Technical University
BORISOV Alexander Olegovich
magister student of the Ufa State Petroleum Technical University
THE ROLE OF INNOVATIVELY ACTIVE SMALL BUSINESS IN THE ECONOMIC DEVELOPMENT OF RUSSIAN REGIONS
The purpose of the article is to determine the impact of innovative activity of small business on regional economic growth. The work uses general research methods (retrospection, analysis, comparison, synthesis, induction, deduction, modeling) and economic research methods (graphical, statistical, correlational, fact-finding, logical). A statistical portrait of the innovative activity of small businesses has been formed, in particular, indicators of the number of innovative small enterprises, the volume of production, and the costs of innovative activities have been analyzed. Based on the identified indicators, a correlation analysis was carried out, which is expressed in establishing the relationship between the level of innovative activity of small enterprises and the gross regional product (the central indicator of regional economic growth).
Keywords: innovatively active small business, innovative entrepreneurship, regional economy, gross regional product, economic development.
References
1. Borisov S. A., Somenkova N. S. Increasing the innovative potential of small business as an instrument of economic security in Russia // Economic security. – 2022. – Volume 5. No. 4. – S. 1665-1678.
2. Brusovaya A. S. Formation of the brand of the region as the basis for ensuring a balanced socio-economic developmentsubjects of the Russian Federation // Regional economy: theory and practice. – 2022. – No. 14. – P. 34–42.
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ECONOMY. RIGHT. SOCIETY
TUMANOV Daniil Aleksandrovich
magister student of the 2nd course of the I. S. Turgenev Oryol State University
TUMANOVA Anna Vladimirovna
magister student of the 2nd course of the I. S. Turgenev Oryol State University
BULGAKOV Dmitriy Alexeevich
magister student of the 2nd course of the I. S. Turgenev Oryol State University
TRANSFORMATION OF AGRICULTURAL PRODUCTION IN THE REGION IN THE POST-SOVIET PERIOD (ON THE EXAMPLE OF THE ORYOL REGION)
This article examines the topical issue related to the modernization of the agricultural sector in a competitive market economy.
The dynamics of agricultural production development in the Orel region is analyzed. The competitive advantages as well as obstacles hampering the economic growth of agriculture in the region are revealed. Opportunities for the digitalization of agricultural production and the introduction of modern programs and technologies are considered. Attention is paid to the issue of investment in the industry economy of the region, namely in agriculture.
Keywords: agricultural holding, industry, production, transformation, region, Orel region.
References
1. Official website of OJSC APK Orlovskaya Niva. [Electronic resource]. – http://niva.hop.ru/about.htm.
2. Information and analytical online publication of the Oryol region, Agrarian Orlovshchina: figures and facts. [Electronic resource]. – Access mode: https://regionorel.ru/novosti/apk/orlovshchina_agrarnaya_tsifry_i_fakty/
3. Investment rating of the Oryol region. [Electronic resource]. – Access mode: https://manezh-saratov.ru/rossiya/orlov-naselenie.html.
4. Analysis of trends in the development of agriculture in the Central Federal District. [Electronic resource]. – Access mode: https://otherreferats.allbest.ru/agriculture/01027454_0.html.
5. Foreign trade of subjects of the Central Federal District: Oryol region. [Electronic resource]. – Access mode: https://ctu.customs.gov.ru/metodik/vneshnyaya-torgovlya-sub-ektov-czfo/orlovskaya-oblast.
6. Regions of Russia. Socio-economic indicators. 2021: stat. Sat. / Rosstat. M., 2021. 1112 p.
7. Oryol region in numbers. 2010, 2015, 2018-2020: brief stat. Sat / Territorial body of the Federal State Statistics Service for the Oryol region. – Orel, 2021. – 190 p.
PHILOSOPHY. RIGHT. SOCIETY
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University
EFREMOVA Tatyana Mikhaylovna
Ph.D. in sociological sciences of the Tyumen State University
KAZAKONA Natalya Vladimirovna
Ph.D. in technical sciences, associate professor of Transport and technical systems sub-faculty of the Tyumen Industrial University
LIFESTYLES OF YOUTH: STATEMENT OF THE PROBLEM
The article raises an urgent problem of modern reality – the consolidation of rural youth in their native land, their small homeland. An analysis of scientific publications and a secondary analysis of studies conducted by regional sociologists showed that only the creation of jobs can keep young people in their native places, in their small homeland.
Keywords: rural youth, youth attitudes, rural settlements, employment, rural entrepreneurship
References
1. Khairullina N. G. Rural community about the socio-economic situation in modern conditions // Koinon. 2022. V. 3. No. 2. S. 204-214.
2. 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. P. 136-138.
3. Khairullina N. G. Social security in the assessments of rural residents / In the collection: Social security in the Eurasian space. Materials of the International scientific conference. Edited by I. A. Grosheva. Moscow-Tyumen, 2022. P. 145-149.
4. Zasedateleva E. I. Career expectations in the problem field of life strategies of rural youth // Siberian Philosophical Journal. 2020. Vol. 18. No. 3. P. 71-80.
5. Kartseva L. V. Social values of rural youth in the perception of the adult population // Bulletin of Economics, Law and Sociology. 2011. No. 1. S. 207-211.
PHILOSOFIA. RIGHT. SOCIETY
BONDARENKO Natalya Grigorjevna
Ph.D. in science philosophicals, professor, Head of History and philosophy of law sub-faculty of the Pyatigorsk Institute (branch) of the North-Caucasian Federal University
KRYUKOVA Lyudmila Vasiljevna
Ph.D. in historical sciences, associate professor of History and philosophy of law sub-faculty of the Pyatigorsk Institute (branch) of the North-Caucasian Federal University
VASILJEVA Inna Anatoljevna
Ph.D. in sociological sciences, associate professor of History and philosophy of law sub-faculty of the Pyatigorsk Institute (branch) of the North-Caucasian Federal University
THE PHENOMENON OF FREEDOM IN AN INDUSTRIAL SOCIETY
The phenomenon of freedom in an industrial society is a complex and multifaceted philosophical concept, which is distinguished by the polarity of the contents of the subject area of philosophical discourse, the content of which is influenced by a number of social, economic and political factors, which determines the relevance of the issues considered in the study. The object of research is industrial society as a historically formed state of social formation. The subject of the study is a person in society, as having freedom and the potential for choice and self-realization. The purpose of the study is to reveal the content of the phenomenon of freedom in industrial society from the standpoint of ambivalence of content. In the study, the phenomenon of freedom is considered from two positions: the freedom of an individual, but not of a citizen, as the ability to make choices and act in accordance with their desires without being constrained by external factors; freedom is the ability to exercise free will and self-determination within their social and economic context. The study argues for the inevitability of restrictions on freedom that arise as a consequence of industrialization.
Keywords: self-expression, choice, citizen, self-realization, liberalism, public person, social agent, economic agent.
References
1. Karabuschenko N. B. “Escape from freedom” as “Escape from responsibility” // Bulletin of the Astrakhan State Technical University. – 2006. – No. 5 (34). – S. 277-282. – EDN JVJPNR.
2. Yurevich A. V. The gift of the Danaytsev: the phenomenon of freedom in modern Russia // Questions of Philosophy. – 2010. – No. 10. – S. 17-26. – EDN MVAKSD.
3. Pugachev V. P. State control and freedom of the individual in a digital society // Bulletin of the Moscow University. Series 21: Management (state and society). – 2022. – No. 2. – P. 36-55. – EDN LPNSIX.
PHILOSOPHY. RIGHT. SOCIETY
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
SHARIPOV Amirkhodzha Asrorkhodzhaevich
postgraduate student of the Ufa State Petroleum Technical University
THE ROLE OF AXIOLOGY IN OBJECTIFYING THE RESULTS OF SOCIAL FORECASTING AND DESIGN
This article is devoted to the study of the role of the value system and axiological methodology in the objectification of the results of social forecasting and design. The authors analyze the scenarios of socio-economic, cultural and spiritual development of society that have developed in modern social science and the humanities and determine the possibilities and predictive potential of the value system in objectifying the results of social forecasting and design.
Keywords: axiology, social forecasting and design, values, axiological methodology.
References
1. Vildanov Kh. S., Derkach V. V. Methodological features of social forecasting // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2017. – No. 1 (19). – P. 132-137.
2. Vildanov H. S., Vildanov U. S. The role of material and spiritual values in the development of national cultures // Social and humanitarian knowledge. – 2014. – No. 10. – P. 125-131.
3. Gainullin R. A., Bikimbetov R. G., Vildanov Kh. S. Social forecasting and design of societal systems // Eurasian legal journal. – 2022. – No. 10 (173). – S. 535-537.
4 Appiah K.A. The honor code: How moral revolutions happen // W. W. Norton & co, New York. – 2010. DOI:10.1093/mind/fzt064.
5. Bostrom N. Existential risk prevention as a global priority // Journal of Global Policy. – 2013. – P. 15-30.
6. Flanagan O. The geography of morality // OUP, Oxford. – 2017. – 304 p.
7. Maikova V. P. Socio-philosophical problems of public consciousness dynamics in modern philosophy. – Moscow: MGUL, 2013. – Vol. 8. – 34 p.
8. Michael Marien, William Halal Global Megacrisis: A Survey of Four Scenarios on a Pessimism-Optimism Axis // Journal of Futures Studies. – 2011. – Vol. 16. – P. 65-84.
9. McClain L. Prejudice, moral progress, and being ‘on the right side of history’: Reflections on Loving v. Virginia at fifty Fordham Law Review. – 2018. – 2701 p.
10. Nasibulina A. Education for Sustainable Development and Environmental Ethics // Procedia – Social and Behavioral Sciences. – 2015. – Vol. 214. – P. 1077-1082.
11. Van De Poel. Design for value change // Journal of Ethics and Information Technology. – 2021. – Vol. 23(4). – P. 27-31. DOI:10.1007/s10676-018-9461-9.
12. Williams E. The possibility of an ongoing moral catastrophe // Ethical Theory and Moral Practice. – 2015. – No. 18 (5). – P. 971-982.
PHILOSOPHY. RIGHT. SOCIETY
GALLYAMOVA Alina Rimovna
Ph.D. in sociological sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
GUSEVA Anna Alexeevna
Head of the Laboratory of Business Technology Development of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
GALLYAMOV Rem Timurovich
student of the specialty of PSD (psychology of work activity) of the Ufa University of Science and Technology
OPPORTUNITIES FOR USING THINKING DESIGN INSTRUMENTS IN TEACHING THE DISCIPLINE “PHILOSOPHY” AT THE UNIVERSITY
The article deals with the issue of modernization of the education system in higher educational institutions. Talk about the use of various techniques and interactive teaching methods aimed at improving pedagogical technologies. The possibilities of using new tools for effective problem solving in the teaching of philosophy are revealed. The authors propose to consider issues that arise in the process of teaching with the help of an innovative method of design thinking. Explaining how the use of this technology affects the increase in students’ interest in studying the subject of philosophy and contributes to the overall motivation for the learning process. The authors analyze modern research on the use of design thinking in teaching the discipline “Philosophy”. The article considers the method of design thinking as a special approach to work, an algorithm of actions as an anthropocentric approach to teaching, which can also be used to update the curriculum, redesign the student space, change and form the organizational culture of the University and introduce innovative programs.
Keywords: design thinking tools, improving the education system at the university, project-based learning, teaching methods, creative thinking, design thinking in education, teaching philosophy; philosophy
References
1. Mosienko M.K. Design thinking as a style and method of philosophy // Philosophy and Culture. 2018. No. 4. S. 1-7. DOI: 10.7256/2454-0757.2018.4.24620. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=24620
2. Mikhailina S. A., Khanina A. D. Design in educational technologies of philosophical knowledge // Economic and social and humanitarian studies. 2019. No. 4 (24). National Research University MIET, Moscow
3. Oliver K. Design thinking. All tools in one book. M., 2019. Publisher: Bombora, Series: Top Business Awards.
4. Brown T. Design thinking in business. From developing new products to designing business models. Moscow: Mann, Ivanov and Ferber, 2019.
5. Michael M. Rice Storm and 21 More Ways to Think Outside the Box. M.: Mann, Ivanov and Ferber, 2021.
6. Galoi N. Yu., Gorbenko I. A. Design thinking technology as a means of psychological and pedagogical support of educational practice of students studying in the direction of “Pedagogical education” // Problems of modern education. 2018. No. 6. S. 35-42.
7. Kelly T., Kelly D. Creative confidence. How to release and realize your creative powers. M.: Azbuka-Atticus, 2019.
8. Osterwalder A. Building business models: Handbook of a strategist and innovator. M.: Alpina Publisher, 2018.
PHILOSOPHY. RIGHT. SOCIETY
GORBACHEV Sergey Borisovich
Ph.D. in political sciences, associate professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
ON SOME WORLD VIEW APPROACHES TO DETERMINING THE FOREIGN POLICY STRATEGY OF RUSSIA IN RUSSIAN PHILOSOPHICAL DISCOURSE
The article is dedicated to a comparative analysis of ideological approaches to determining the foreign policy strategy of the Westerners, Slavophiles and Eurasians. They offer different, sometimes diametrically opposed strategies for Russia’s behavior in the world. It is concluded that the foreign policy strategy of the Eurasians is the most realistic and consistent with the civilizational interests of Russia.
Keywords: Westernizers, Slavophiles, Eurasians, state, civilization, foreign policy strategy.
References
1. Gorbachev S. B. To the question of the need for state autarky in modern conditions // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 492-494.
2. Gorbachev S. B. Implementation of the geostrategy of the West in the Middle East as a policy of double standards // Economics and management: a scientific and practical journal. – 2021. – No. 3 (159). – P. 187-190.
3. Gorbachev S. B. Subjective foundations of classical Eurasianism // On the eternal and transient: a collection of scientific articles. Issue 12 / Rev. edited by R. Kh. Lukmanov. – Ufa: RIC BashGU, 2021. – P. 22-24.
4. Gumilyov L. N. Ancient Rus’ and the Great Steppe / Comp. and general ed. A. I. Kurkchi: in 2 books. – M.: Institute DI-DIK, 1997. – Book. 1. – 512 p.
5. Danilevsky N. Ya. Russia and Europe: A look at the cultural and political relations of the Slavic world to the German-Roman. – M: Eksmo, 2003. – 640 p.
6. Primakov E. M. Years in big politics. – M.: Collection “Top Secret”, 1999. – 445 p.
7. Solonevich I. L. People’s monarchy. – M.: Eksmo, 2003. – 608 p.
8. Chaadaev P. Ya. Philosophical letters: a collection. – M.: Direct-Media, 2016. – 829 p.
PHILOSOPHY. RIGHT. SOCIETY
DORONIN Yuriy Petrovich
Ph.D. in historical sciences, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
ECONOMIC SECURITY AS ONE OF THE STRATEGIC NATIONAL PRIORITIES OF THE RUSSIAN FEDERATION
Based on the analysis of two strategic topical Decrees of the President of the Russian Federation such as “On the strategy of economic security of the Russian Federation for the period up to 2030” and “On the strategy of national security in the Russian Federation” the current issues of economic security are considered in the article. These documents demonstrate the priority importance of economic security systematically and comprehensively, determine the goals, main directions and tasks of state policy in the economic sphere to ensure maintaining economic sovereignty and overcoming threats to economic security.
Keywords: economic security, threats to economic security, maintenance of economic security, strategy of economic security, strategic national priorities.
References:
1. On the economic security strategy of the Russian Federation for the period up to 2030 [Electronic resource]: Decree of the President of the Russian Federation of May 13, 2017 No. 208. Access from the legal reference system “ConsultantPlus”.
2. On some issues of the Security Council of the Russian Federation Decree of the President of the Russian Federation of March 7, 2020 No. 175 (together with the “Regulations on the Security Council of the Russian Federation”, “Regulations on the Office of the Security Council of the Russian Federation” [Electronic resource]: Decree of the President of the Russian Federation of 07 March 2020 No. 175. Access from the legal reference system “ConsultantPlus”.
3. Pavlov V.I. Substantiation of the composition of new indicators for assessing the economic security of the Russian Federation in the context of strengthening anti-Russian sanctions // Development and security. M.: Institute for Market Problems of the Russian Academy of Sciences, 2022. No. 3. P. 17-28.
4. On the national security strategy of the Russian Federation [Electronic resource]: Decree of the President of the Russian Federation of July 2, 2021 No. 400. Access from the ConsultantPlus legal reference system.
5. On the economic security strategy of the Russian Federation for the period up to 2030 [Electronic resource]: Decree of the President of the Russian Federation of May 13, 2017 No. 208. Access from the legal reference system “ConsultantPlus”.
6. Gadzhiev N. G., Konovalenko S. A., Trofimov M. N. Threats in the field of ensuring the economic security of the state. Ways to neutralize them // Bulletin of the Dagestan State University. Series 3. Social Sciences. 2022. Volume 37. Issue. 1. P. 7-19.
PHILOSOPHY. RIGHT. SOCIETY
IGNATOVA Yuliya Evgenjevna
postgraduate student of Philosophy, law and social sciences and humanities sub-faculty of the Armavir State Pedagogical University
LUKYANOV Gennadiy Ivanovich
Ph.D. in science philosophicals, associate professor, professor of Economics and management sub-faculty of the Faculty of Engineering and Economics of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University
THE PHENOMENON OF SOCIAL TRUST AS THE BASIS FOR THE DEVELOPMENTOF LEGAL CONSCIOUSNESS IN MODERN RUSSIAN SOCIETY
The article deals with the phenomenon of social trust as the main factor of social development and stability of society, a resource of sustainability and high functionality of social institutions. It is indicated that trust in modern conditions is understood as a necessary part of the successful functioning of society, as the most important component of social capital, a resource and condition for the integration and development of any, both vertical and horizontal social structures. The relationship between the problems of social trust and social capital and the problem of dysfunction of legal consciousness in Russia is shown. An analysis is made of the relationship between legal culture and legal ideology in Russian society. From a substantive point of view, Russian legal consciousness has always been more focused on the normative system of morality than law. That is, the achievement of informal “justice” in the Russian historical tradition was and still is a more significant goal than the establishment of formal “legality”.
Keywords: Russian society, social trust, social capital, legal consciousness, morality, values, social institutions, culture.
References
1. Fukuyama F. Trust. Social virtues and the path to prosperity. – M.: AST, Ermak, 2004. – 730 p.
2. Baklanov I. S., Baklanova O. A., Fedotenkov E. S., Fedotenkova O. V., Pokhilko A. D. Nihilism in Russian society: analysis of its essence and forms of manifestation. – Armavir, 2019. – 156 p.
3. Reuf V. M., Salnikov S. P. Legal consciousness as a function and functions of legal consciousness // Bulletin of the Academy of Economic Security of the Ministry of Internal Affairs of Russia. – 2009. – № 12. – S. 50-57.
4. Solovyov V. S. Justification of the good // Works: in 2 volumes – M .: Thought, 1988. – T. 1. – 895 p.
5. Baklanov I. S., Lagunov A. A. On the issue of heuristic expansion of the concept of religion in modern scientific discourse // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Philosophy. Political science. Culturology. – 2021. – V. 7 (73). – No. 4. – P. 34-42.
6. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of History Culture and Art Research. – 2018. – V. 7. – No. 2. – R. 41-47.
7. Smaznova O. F. Axioms of legal consciousness by I. A. Ilyin and temporal analysis of the development of legal consciousness // Bulletin of the Novgorod State University. – 2003. – № 24. – S. 46-50.
8. Burlova Yu., Baklanova O. Normative Conditioning of the Consciousness of the Society Subject: Sociocultural Approach // Science Almanac of Black Sea Region Countries. – 2022. – No. 4 (32). – R. 3-9.
9. Berdyaev N. A. On the appointment of a person. – M.: Respublika, 1993. – 383 p.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in science philosophicals, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
ZUBKOV Egor Sergeevich
student of the bachelor’s degree in music education of the Institute of Arts and Art Education of the A. G. and N. G. Stoletov Vladimir State University
AN ECOPHILIC IMAGE OF SRI CHAITANYA AS A BENGALI SAINT – PHILOSOPHER AND MUSICAL FIGURE
The article is dedicated to the theological and ecophilic activity of Shri Chaitanya. The famous Bengali saint, religious reformer, preacher of the cult of bhakti showed various images of ecophilia at different periods of his life. The transformation of Shri Chaitanya’s views took place through the strengthening of ecophilic images of bhakti and the deepening of the religious and psychological experiences of this saint. The musical chants of Sri Chaitanya – harinama sankirtana – are a special kind of genre that allows you to experience truly spiritual emotions.
Keywords: Sri Chaitanya, bhakti cult, ecophilic philosophy, music.
References
1. Bhaktivedanta Swami The teachings of Sri Chaitanya. – M.: BBT Publishing House, 1989. – 381 p.
2. Bhakti Vikasha Swami A look at traditional India. – Nizhny Novgorod: BBT Publishing House, 2002. – 230 p.
3. Kremo Michael A., Mukunda Goswami Divine nature. – M.: BBT Publishing House, 2004. – 121 p.
4. Steven Rosen Vegetarianism in World Religions: Transcendental Diet – M.: Philosophical Book Publishing House, 2013. – 176 p.
5. Satsvarupa dasa Gosvami Essays on Vedic Literature. – M.: BBT Publishing House, 2008. – 160 p.
6. Timoshchuk A. S. Aesthetics of the Vedic culture. – Vladimir: Publishing House of the All-Russian Institute of Justice of the Ministry of Justice of Russia, 2003. – 112 p.
7. Timoshchuk A. S. Anthropology and hermeneutics of the Chaitanya movement // Collective monograph based on materials of international scientific conferences “Religion and Comtetexts” and “Religious situation: regional specificity”. – St. Petersburg: IP Keller, 2022. – S. 184-197.
8. Timoshchuk A. S. Nabadvipa bhava taranga or the cinema of the time of Bengali Vishnuism // Bulletin of the Minin University. – 2022. – V. 10. No. 2. – S. 12-28.
9. Timoshchuk A. S., Shavkunov I. V., Matveev S. A. 6 systems of Indian philosophy. – M .: Publishing House Light, 2015. – 304 p.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Yuliya Rabisovna
Ph.D. in science philosophicals, associate professor of Economic theory sub-faculty of the Ufa University of Science and Technology
THE SPECIFICITY OF UNDERSTANDING TRANSCENDENTALISM IN CLASSICAL AND MODERN PHILOSOPHY
The article analyzes and explores the features of understanding transcendentalism from classical and modern philosophical teachings. It is concluded that transcendentalism opens up new, deeper perspectives in the study of consciousness and reality in comparison with naturalism, which tries to establish one reality, as well as to reduce the nature of consciousness to the work of the brain.
At the same time, transcendentalism can lead to skepticism and agnosticism in relation to the possibility of explaining the phenomenon of consciousness, which is manifested in a number of concepts of Kantian and analytical philosophy.
Keywords: being, unity, transcendentalism, transcendental, consciousness, objective world, subjectivity, naturalism.
References
1. New philosophical encyclopedia in 4 volumes / Institute of Philosophy RAS. – M.: Thought, 2000-2001, T. 4. – S. 96.
2. Gaidenko P. Being and mind // Questions of Philosophy. – 1997. – No. 7. – P. 5
3. Korotkov V. E. Sociocultural foundations for understanding modern transcendentalism // cyberleninka.ru. – C. 7.
4. Panova O. B. Language as a transcendental problem of the philosophy of culture. // Bulletin of the Tomsk University. – 2009.
5. Heidegger M. Being and time. – M.: Academic project, 2011.
6. Gasparyan D. A. What does it mean to be a transcendentalist in modern analytical philosophy of consciousness? // Epistemology and philosophy of science. – 2015. – T. XLIV. No. 2.
PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate profess of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University
HISTORICAL MEMORY AND HISTORICAL THINKING AS BASIC ELEMENTS OF HISTORICAL CONSCIOUSNESS: SOCIO-PHILOSOPHICAL ANALYSIS
The paper studies the structure of historical consciousness, at the top of which is historical memory and historical thinking. In the format of social phenomenology, historical consciousness is a system of navigation and orientation in a multi-layered trajectory “past – present – future”, “connection of times” in which value orientations and emotional and figurative accents are placed. It not only expresses the attitude towards the past, but also forms the normative determinants for the present, joint goal-setting and forecasting for social subjects. Historical memory is the memory of “above-everyday” historical experience proper. It ranks events into “ordinary” and “extraordinary”, producing a semantic unification of the series of events. The highest level of historical consciousness – historical thinking – is the conceptual and cognitive constructs of historical consciousness, responsible for the creation of this single image of history, through which the present is legitimized and the prospect of the future is formed.
Keywords: social philosophy, philosophy of history, society, historical consciousness, historical memory, historical thinking, image of history.
References
1. Augustine the Blessed. About the city of God. Book. 1. – M.: RUGRAM, 2016. – 662 p.
2. Baklanov I. S. The role of early Christianity and non-Christian traditions in the development of European intellectualism // Scientific Thought of the Caucasus. – 2004. – No. S5. – P. 15-23.
3. Baklanova O. A. Trends in social philosophy: Western and Russian experience of postmodernism comprehension // Philosophy of Law. – 2011. – No. 5 (48). – S. 23.
4. Blok M. Apologia of history, or the Craft of the historian / Per. from fr. – Tallinn: Eesti Raamat, 1983. – 184 p.
5. Husserl E. Phenomenology of the internal consciousness of time // Husserl E. Collected works. T. 1. – M.: Gnosis, 1994. – 162 p.
6. Dushina T. V., Baranov S. T., Baklanov I. S. Philosophy of knowledge of postmodernism. – Stavropol: North Caucasian State Technical University, 2007. – 129 p.
7. Klemenova E. N., Kudryashov I. A. The concept of the chronotope of M. M. Bakhtin in the aspect of the problem of interaction between language and thinking // Cognitive studies of language. – 2016. – No. 25. – P. 817-823.
8. Lagunov A. A., Baklanov I. S., Ivanova S. Yu. Christian eschatology and social utopias: on the 100th anniversary of the birth of Protopresbyter Alexander Schmemann // Bulletin of the Peoples’ Friendship University of Russia. Series: Philosophy. – 2022. – V. 26. No. 1. – S. 110-119.
9. Losev A. F. Dialectics of myth. – M.: Academic Project, 2008. – 303 p.
10. Foucault M. Words and things. Archeology of the Humanities / Per. from fr. V. P. Vizgin and N. S. Avtonomova. – St. Petersburg: A-cad, 1994. – 408 p.
11. Halbvaks M. Collective and historical memory // Journal “Inviolable reserve”. – 2005. – No. 2-3 (40-41). – P. 8-27.
12. Shmatko A. A. Historical experience in the structure of historical consciousness: representation and socio-philosophical reflection // Humanities and socio-economic sciences. – 2021. – No. 6 (121). – P. 27-31.
13. Shmatko A. A. Social and phenomenological study of the basic levels of historical consciousness // Eurasian legal journal. – 2022. – No. 10 (173). – S. 556-557.
14. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of History Culture and Art Research. – 2018. – V. 7. No. 2. – R. 41-47.
PHILOSOPHY. RIGHT. SOCIETY
BURLOVA Yuliya Alexandrovna
Ph.D. in Law, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant of colonel police
HIDDEN RATIONING AS A FACTOR OF SOCIO-CULTURAL DYNAMICS (TO THE 100TH ANNIVERSARY OF A. A. ZINOVIEV – PHILOSOPHER AND HUMANIST)
In the article, on the example of the work of the outstanding Russian philosopher A. A. Zinoviev considers the phenomenon of hidden rationing (crypto-rationing) of Russian culture and the effect that crypto-rationing has on the social dynamics of Russian society. For Russian society, the problem of hidden, implicit regulation of culture has been relevant for more than a century, since both in Soviet times and after it, the question of the dialectic of human freedom and social coercion was extremely broad and acute. As Zinoviev showed, implicit regulation occurs through morality and religion. Their means (their language) produce semantic and normative markup of symbolic reality, produce unified social meanings and imperceptible substitution, displacement of individual ones. It is noted that it is precisely the understanding of how culture itself latently sets the norms of existence for people, the dynamics of social development, which led to Zinoviev’s negative perception of perestroika.
Keywords: norm, normative consciousness, hidden rationaling, society, culture, religion, morality, socio-cultural dynamics.
References
1. Kant I. Fundamentals of the Metaphysics of Morality // Kant I. Works: In 4 vols. Vol. 4. Part 1. M.: Thought, 1965.
2. Baklanov I. S. Biological and social prerequisites for the existence of intellectualism // Bulletin of the Volgograd State Medical University. 2004. No. 12. P. 90-93.
3. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. 2022. No. 4 (45). pp. 112-115.
4. Implicit bias and philosophy / Ed. Brownstein M., Saul J. Oxford: Oxford univ. press, 2016. Vol. 1: Metaphysics and epistemology. 336 p.
5. Zinoviev A. A. Yawning Heights. M.: Kanon+, 2021. 720 p.
6. Burlova Yu., Baklanova O. Normative conditioning of the consciousness of the society subject: sociocultural approach // Science Almanac of Black Sea Region Countries. 2022. No. 4 (32). pp. 3-9.
7. Quadrature of meaning: French school of discourse analysis. M.: Progress, 1999.
8. Canetti E. Mass and power. Per with him. Moscow: Ad Marginem, 1997. 527 p.
9. Pokhilko AD Socio-cultural autonomy of consciousness: an existential-anthropological dimension. Rostov-on-Don: Publishing House of the North Caucasian Scientific Center of Higher Education, 2006. 248 p.
10. Skvortsov A. A. Sociology of Alexander Zinoviev: between logic and ethics // Alexander Alexandrovich Zinoviev. M.: ROSSPEN, 2009. S. 246-270.
11. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. 2021. No. 6. P. 214-217.
12. Berdyaev N.A. Crisis of art. M.: SP Interprint, 1990.
13. Fromm E. Healthy society; Per from English. // Psychoanalysis and Culture: Selected Works of Karen Horney and Erich Fromm. Moscow: Yurist, 1995. 623 p.
14. Baklanova O. A., Semkin A. V., Yugay V. V. Value bases of socio-cultural communication as a manifestation of the identity of social subjects. Bulletin of the Armavir State Pedagogical University. 2022. No. 4. P. 155-163.
15. Hall E. T. Beyond Culture. N.Y.: Anchor Press, 1976. 316 p.
16. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclusiones. 2020. V. 7. No. 4. Pp. 362-368.
17. Zinoviev A.A. Homo Sovieticus. M.: Tsentrpoligraf, 2000. 412 p.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in science philosophicals, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
NOSTALGIA FOR THE ECOPHILIC PAST ON THE EXAMPLE OF THE IMAGE OF A BENGALI VILLAGE
The article culture reveals the problems of traditional, religious values in connection with the trends of urbanization and increased impact on the environment. As an example of such links, the image of the Bengal village stands out as an ecophilic way of life in harmony with nature, minimizing the destruction of the habitat of living organisms. This study reveals the features of the stability and changes of traditional culture under the influence of globalization and the spread of Western values and the influences of consumerism.
Keywords: Bengal, village, traditional culture, ecophilic philosophy, Hinduism.
References
1. Bhakti Vikasha Swami A look at traditional India. – Nizhny Novgorod: BBT, 2002. – 230 p.
2. Zubkov S. A. Criteria of religious ecophilicity // Proceedings of the Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Volume 28. -S. 92-100.
3. Zubkov S. A. Ecophilic origin of vegetarianism // Bulletin of the Vyatka State University. – 2020. – No. 2 (136). – S. 43-49. DOI 10.25730/VSU.7606.20.023.
4. Zubkov S. A., Frolov M. O. Ecophilic ruralization and ecovillages. Eurasian legal journal. – 2022. – No. 4 (167). – S. 499-501.
5. Kremo Michael A., Mukunda Goswami Divine nature. – M.: BBT, 2004. – 121 p.
6. Satsvarupa dasa Gosvami Essays on Vedic Literature. – M.: BBT Publishing House, 2008. – 160 p.
7. Timoshchuk A. S. Aesthetics and metaphysics: cultural genesis of Bengali Vaishnavism in the works of Rupa Goswami // II Russian Congress of Cultural Studies. – St. Petersburg: Eidos, Asterion, 2008. – S. 387-388.
8. Timoshchuk A. S. Communication of the aesthetic in traditional society (on the example of Bengali Vishnuism): abstract of dis. … cand. philosophy Sciences. – M.: IFRAN, 1999. – 20 p.
9. Lokanath Swami. [Electronic resource]. – Access mode: https://www.last.fm/ru/music/Lokanath+Swami/ (date of access: 05/20/2023).
PHILOSOPHY. RIGHT. SOCIETY
VERKHOZINA Olga Alexandrovna
Ph.D. in science psychologicals, associate professor of Social and humanitarian disciplines sub-faculty of the Russian Biotechnological University
LEGAL AND ETHICAL PROBLEMS OF INTERACTION WITH ARTIFICIAL INTELLIGENCE
The article is devoted to the actual legal and ethical problems of interaction with artificial intelligence. The article analyzes the legislative framework related to the introduction and application of artificial intelligence, identifies legal and ethical problems. The problem of the legal characteristics of artificial intelligence is acutely relevant both in Russia and in other countries. The Concept for the Development of regulation of Relations in the field of artificial intelligence and robotics technologies until 2024, approved by the Decree of the Government of the Russian Federation No. 2129-p3 of August 19, 2020, confirms the absence in Russia of special legislative regulation that takes into account the specifics of the use of artificial intelligence and robotics technologies, in connection with which the tasks of its formation are set.
The foundations of the legal system, taking into account the existence of artificial intelligence, should begin to be built by defining the paradigm of interaction, building the legal and moral and ethical foundations of interaction between artificial and natural intelligence, and only after that create an updated regulatory framework. The formulation of the principles of legal, but also ethical regulation of the interaction of two intelligences is a priority task today.
Keywords: legal and ethical problems, artificial intelligence, interaction of artificial and natural intelligence.
References
1. Kamalova G. G. Legal and ethical principles of regulation of artificial intelligence and robotics // Law and state: theory and practice. 2021. No. 10. P. 181-184.
2. Malyshkin A. V. Integrating artificial intelligence into public life: some ethical and legal problems // Bulletin of St. Petersburg University.site. Right. 2019. V. 10. No. 3. S. 444-460.
3. Popova A. V. Ethical principles of interaction with artificial intelligence as a basis for legal regulation // Legal state: theory and practice. 2020. No. 3. P. 34-43.
4. Theoretical and legal paradigm of the existence of a cybernetic (information) civilization: monograph / Ed. S. A. Komarova. M.: Publishing House MATGiP, 2022. 320 p.
5. Uzhov F. V. Artificial intelligence as a subject of law // Gaps in Russian legislation. 2017. No. 3. P. 357-360.
PHILOSOPHY. RIGHT. SOCIETY
KRUCHININ Sergey Vasiljevich
Ph.D. in science philosophicals, associate professor, lecturer of the Tyumen Industrial University
ARTIFICIAL INTELLIGENCE AND THE RANGE OF ITS POSSIBLE APPLICATIONS
The article examines the modern development of artificial intelligence in general and in particular in certain areas. At the same time, the article focuses on several aspects. Firstly, on how nominal artificial intelligence is used now and how it could be used in other areas. And also on what hidden advantages and threats it brings to society both in the cultural aspect and in the socio-economic, namely, how artificial intelligence will affect employment and the labor market. At the same time, the author of the article points out that modern science assumes that artificial intelligence will create a new round of the modern industrial revolution and will lead to a significant renewal of all technological processes.
Keywords: artificial intelligence, unemployment, development, division of labor, society.
References
1. Antonov A. A. Artificial intelligence as a source of increased danger // Lawyer. – 2020. – No. 7. – P. 69-74.
2. Begishev I. R., Khisamova Z. I. Artificial intelligence and robotics: theoretical and legal problems of delimitation of the conceptual apparatus // Bulletin of the Udmurt University. Series “Economics and Law”. – 2020. – T. 30. No. 5. – S. 706-713.
3. Nikulin L. F. et al. Artificial intelligence and management transformation // National interests: priorities and security. – 2020. – T. 16. No. 4. – P. 600-612.
4. Poryaeva E. P., Evstafieva V. A. Artificial intelligence in medicine // Bulletin of science and education. – 2019. – No. 6-2 (60). – P. 15-18.
5. Somenkov S. A. Artificial intelligence: from object to subject? // Bulletin of the University named after O. E. Kutafin. – 2019. – No. 2 (54). – P. 75-85.
PHILOSOPHY. RIGHT. SOCIETY
AVETISYAN Viktoriya Sergeevna
postgraduate student of Philosophy, law and social sciences and humanitarian sciences sub-faculty of the Armavir state Pedagogical university
THE INTERACTION OF THE FEMININE AND THE MUSCULAR IN THE SOCIO-CULTURAL ENVIRONMENT OF MODERN SOCIETY
Resume: The article considers gender identity as one of the most important foundations for the formation of an individual’s integral identity. With regard to a consistent approach to gender identity in Russian society today, there is a clear lack, moreover, they are strenuously trying to make up for it at the expense of traditionalism. The analysis of gender mythology and the linguistic representation of the phenomenon of gender seems to be an important task in understanding Russian gender practices. At the same time, while in Western countries in the second half of the 20th century there was a rapid transition to the politicization of gender issues, this did not happen in Russia. solving the interaction of the feminine and the masculine problem in modern society requires the efforts of the entire philosophical and scientific community to correctly comprehend it and avoid obvious gaps between real practices and declarations.
Keywords: modern society, gender, gender relations, femininity, masculinity, gender myth, gender stereotype, gender identity.
References
1. Baklanova O. A., Semkin A. V., Yugay V. V. Value foundations of socio-cultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. 2022. No. 4. P. 155-163.
2. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in global information society // Revista Inclusiones. 2020. V. 7. No. 4. Pp. 362-368.
3. Avetisyan V. S. Feminitives as a linguistic marker of a gender problem in modern society // Eurasian Law Journal. 2022.
No. 11. P. 408-409.
4. Gubanova M. A. Human transformation in a global network society // Bulletin of the Armavir State Pedagogical University. 2020. No. 4. P. 103-109.
5. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, social and psychological factors of the conservative consumer towards legal cannabis use-a review since 2013 // Sustainability. 2022. V. 14. No. 17. P. 10993.
6. Derrida J. Letter and difference. M.: Academic project, 2007. 495 p.
7. Baudrillard J. Symbolic exchange and death. M.: Dobrosvet, KDU Publishing House, 2011. 392 p.
8. Genderqueer and Non-Binary Genders / Christina Richards, Walter Pierre Bouman, Meg-John Barker (eds.). London: Palgrave Macmillan, 2017.
9. Baklanova O.A., Demchenko N.A. Gender transformations in modern Russian society // Theory and practice of social development. 2015.
No. 12. P. 323-325.
10. Balditsyna E. I., Baklanov I. S., Baklanova O. A. Features of the study of gender identity in modern social theory // Woman in Russian society. 2019. No. 2. P. 43-51.
11. Kon I. S. Masculinity in a changing world // Questions of Philosophy. 2010. No. 4. P. 25-35.
12. Guseynova I. A. Gender as a conflict factor in institutional communication // Bulletin of the Moscow State Linguistic University. Humanitarian sciences. 2021. No. 11 (853). pp. 59-74.
13. Anosov E. A. Gender stereotypes in proverbs of the Russian language in the light of methodological approaches to the study of the phenomenon of gender stereotyping
// Bulletin of the South Ural State University. Series: Linguistics. 2012. No. 25. P. 93-96.
14. Makhmutova L. F. Gender segregation and gender stereotypes in the sphere of political management // Collection of conferences of the National Research Center Sociosphere. 2012.
No. 20. P. 52-58.
15. Zaichenko A.A., Baklanova O.A., Makhrinova M.V. Analysis of the family as a social institution and community in the perspective of sociocultural research // Humanitarian and socio-economic sciences. 2019. No. 5 (108). P. 30-34.
OVERVIEW
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the State Agrarian University of the Northern Trans-Urals
PIRVERDIEVA Elvira Ali-kyzy
lecturer of Foreign languages sub-faculty of the Tyumen Industrial University
SPIRITUAL AND MORAL MEANINGS, IDENTITIES AND CULTURE IN THE CONDITIONS OF GLOBAL CHALLENGES
In April 2023, the annual XXVIII Sociological Readings were held in Moscow. During the conference, sociologists, ethnographers, and economists presented the results of their theoretical and applied research in order to share knowledge, strengthen and develop research ties among the sociological community.
Keywords: migration, emigration, youth, mobilization, lifelong education, continuity of generations, sociocultural code
OVERVIEW
KABANOV Vladimir Lvovich
Ph.D. in pedagogical sciences, Ph.D. in Law, professor of Judicial power, law enforcement and human rights activities sub-faculty of the Moscow state Pedagogical university, professor of Pedagogy and psychology of family education sub-faculty of the Moscow state Pedagogical university
KALAMKARYAN Ruben Amayakovich
Ph.D. in Law, professor of Human rights and international law sub-faculty of the V. Ya. Kikot Moscow university of the MIA of Russia, professor of International law and foreign economic activity sub-faculty of the M. M. speransky Institute of Law of the A. G. and N. G. stoletov Vladimir state university
MONOGRAPH GORYACHEV YU. A., ZAKHAROVA V. F., OMELCHENKO E. A. “INTERNATIONAL STANDARDS OF EDUCATION: LESSONS OF HISTORY AND MODERNITY”: MONOGRAPH. GENERAL ED. BY YU. A. GORYACHEVA. – MOSCOW: ETHNOSPHERE, 2022. – 210 P. CREATED THE INSTITUTIONAL AND LEGAL BASIS FOR THE PHENOMENON OF INTERNATIONAL STANDARDS OF EDUCATION
The paper reveals the importance of international standards of education in the system of the modern world order.
Keywords: international standards of education, the system of the modern world order.
References
1. International law. Textbook / Ed. A.N. You are a legzhanina. M., 2009.
2. International law. Textbook / Ed. A. Ya. Kapustina. M., 2008.
3. Kalamkaryan R. A. Dominance of law Rule of Law in international relations. M., 2004.
4. The role of international law in modern foreign policy / Otv. ed. Yu. M. Kolosov. M., 1990.
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
KURBANALIEVA Khadizhat Magomedovna
lecturer of General professional disciplines sub-faculty of the College of Dagestan State University
ABDURAZAKOVA Patimat Daitbegovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University
ON THE QUESTION OF THE SPECIFICS OF THE IMPLEMENTATION OF THE PRINCIPLE OF SEPARATION OF POWERS (USING THE EXAMPLE OF THE UNITED STATES OF AMERICA)
The article deals with the problem of implementing the principle of separation of powers on the example of the USA. The powers of the U.S. Supreme Court are listed. The role of constitutional control as one of the ways to implement the system of checks and balances is noted. It is said that the integrity and inviolability of power in the country stems from the concept of a single sovereignty of the people. It is concluded that the legal system of the United States throughout the development of the state follows the basic legal principles, which allows it to consolidate and increase its political and economic potential.
Keywords: the principle of separation of powers, sovereignty of the people, constitutional control, American legal doctrine, the US Constitution, presidential power.
References
1. Constitutional control in foreign countries: textbook / I. A. Alebastrova [and others]; resp. ed. V.V. Maklakov. – M.: Norma: Infra-M., 2010.
2. Lobov M. The US Supreme Court and the problem of separation of powers: the limits of the legal approach // Comparative constitutional review. – 2004. – No. 2 (47).
3. Montesquieu Sh. L. On the spirit of laws. Moscow: Ripol Classic, 2020.
4. Filimonova M. A. Territorial expansion of the United States in the north-west and nationalists. 1780s // Modern and recent history. – 2007. – № 1.
5. Folsom B. New Deal or Crooked Path: How F. Roosevelt’s Economic Policy Prolonged the Great Depression. – M.: Thought, 2012.
INTERNATIONAL LAW
DYACHENKO Ekaterina Borisovna
Ph.D. in Law, senior researcher of the Institute of State and Law of the Russian Academy of Sciences, Advisor to the Judge of the Court of the Eurasian Economic Union
ADVISORY OPINIONS OF THE EURASIAN ECONOMIC UNION COURT IN 2022
The case law of the Eurasian Economic Union Court consistently demonstrates the existence of a demand for the Court’s advisory opinions on request by the Eurasian Economic Commission and competent bodies of the Member Sates. In 2022 the Court delivered four advisory opinions regarding working relations in the bodies of the Eurasian Economic Union, indirect taxation, pension provision of the workers in the EAEU as well as conditions for the participation in public procurement. The analysis of the mentioned judicial acts, excluding the case on the working relations of international servants, shows that, despite a large range of legal issues addressed by them, the uniting element for all of them is the focus of the Court’s findings on the ensuring the proper functioning of the internal market of the integration organization.
Keywords: Court of the Eurasian Economic Union, common market of the Eurasian Economic Union, indirect taxation, pension provision of Member States workers, public procurement.
References
1. Lauterpacht G. The Development of International Law by the International Court (Steven & Sons Limited, 1958). Cambridge University Press, 1982.
2 Rosenne Sh. The Law and Practice of the International Court 1920-2005, 4th ed. Leiden: Brill Publishers, 2006.
3. Levin D. B. The principle of peaceful dispute resolution. M., 1977.
4. Kadysheva O. V. The role of advisory opinions in international justice and in the practice of the EAEU Court // Law. Journal of the Higher School of Economics. 2022. Vol. 15. No. 1.
5. Chaika KL The court of an integration association as an international judicial body // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2019. Vol. 14. No. 3.
6. Dyachenko E. B., Entin K. V. The role of advisory opinions of the EAEU Court in the development of competition law of the Eurasian Economic Union // Law. Journal of the Higher School of Economics. 2021. No. 4.
7. Shepenko R. A. International tax rules. Part 2. M.: Yurlitinform, 2012.
INTERNATIONAL LAW
MANEVICH Viktoriya Vasiljevna
postgraduate student of International law sub-faculty of the Diplomatic Academyof the MIA of Russia
INTERNATIONAL LEGAL REGULATION OF CYBERSPACE IN THE CONDUCT OF ARMED CONFLICTS IN INTERNATIONAL HUMANITARIAN LAW: CONCEPTS AND TERMS
In this paper, the author examines the problems faced by legal experts and Governments when creating appropriate norms aimed at regulating cyberspace and protecting human rights during armed conflict. Analyzes the current international humanitarian law in the context of armed conflicts in cyberspace, highlights the issues of the application of IHL and the need to supplement it with new norms, examines the issues of responsibility for cyber attacks during armed conflicts.
Keywords: legal regulation, armed conflicts, cyber attacks, cyberspace, international humanitarian law, challenges, problems, prospects.
References
1. Yastrebova A. Yu. Separate approaches to the system of special principles of international humanitarian law: content and evolution // Moscow Journal of International Law. – 2022. – № 3. – C. 6-18.
2. Garkusha-Bozhko S. Yu. International humanitarian law in cyberspace: Ratione materiae, ratione temporis and the problem of qualifying cyber attacks // Digital Law. – 2021. – No. 2 (1). – P. 64-82.
3. Majorina M. V. Cyberspace and the methodology of private international law // Law. Journal of the Higher School of Economics. – 2020. – No. 2. – C. 230-253.
4. Geneva Convention of August 12, 1949 for the protection of civilians in time of war. Source: Human Rights: Collection of International Treaties, Volume I (Part Two): Universal Treaties / Geneva, 1994 – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/geneva_civilian_1.shtml.
5. Additional Protocol I to the Geneva Conventions of 12 August 1949, concerning the protection of victims of international armed conflicts of 8 June 1977. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901755843.
6. Computer Crime Convention. Budapest, November 23, 2001. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/law_treaties.shtml.
7. Vienna Convention on the Law of Treaties. Adopted May 23, 1969. – [Electronic resource]. – Access mode: https://www.un.org/en/documents/decl_conv/conventions/law_treaties.shtml.
8. Charter of Good Neighborly Relations, Stability, Security and Cooperation in South-Eastern Europe. Bucharest, February 12, 2000. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/see_charter.shtml.
9. Resolution adopted by the General Assembly. Achievements in the field of informatization and telecommunications in the context of international security and encouragement of the responsible behavior of states in the field of the use of information and communication technologies. – [Electronic resource]. – Access mode: https://namib.online/wp-content/uploads/2023/02/A.RES_.76.19.pdf.
10. Declaration on the prohibition of the use of nuclear and thermonuclear weapons. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/nuc_prohibition.shtml
11. Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. – [Electronic resource]. – Access mode: https://www.un.org/en/documents/decl_conv/conventions/bacweap.shtml.
12. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction [Ottawa Convention]. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/mines_convention.shtml.
13. Convention on Cluster Munitions. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/cluster_munitions.sht.
14. International humanitarian law and cyber operations during armed conflicts. – [Electronic resource]. – Access mode: www.icrc.org.
15. Streltsov A. A. Application of international humanitarian law to armed conflicts in cyberspace. – [Electronic resource]. – Access mode: https://digital.report/konflikt-v-kiberprostranstve.
16. Cyber warfare and international humanitarian law. – [Electronic resource]. – Access mode: https://www.icrc.org/ru/document/kibervoyna-i-mezhdunarodnoe-humanitarnoe-pravo?ysclid=lhfzwymvpr318936758.
17. Chernyavsky A. G., Sinyaeva N. A. Problems of humanitarian regulation of military conflicts in cyberspace // Education and Law. – 2019. – No. 8. – P. 206-215.
18. Yeremyan L. About some problems of international humanitarian law in the light of cyber attacks. – [Electronic resource]. – Access mode: https://mgimo.ru/upload/iblock/af7/af77da611d6c2c5de4f7.pdf.
19. Tuktamyshev V. D. International legal regulation of cyber attacks. International legal regulatione cyber attacks. – [Electronic resource]. – Access mode: http://www.oboznik.ru/?p=54277.
20. Prikhodko N. Yu., Pirozhenkov S. A. Looting as a crime: history and modernity // Military legal journal. – 2019. – No. 10. – S. 21-25.
INTERNATIONAL LAW
NGUYEN Thi Van Huyen
senior lecturer of the Faculty of International Law of the Ho Chi Minh City University of Law, Republic of Vietnam
JOINT EFFORT TO FIGHT AND PREVENT PIRACY AND ARMED ROBBERY AGAINST SHIPS IN SOUTHEAST ASIA
This article analyzes the provisions of the international law of the sea and the Regional Co-operation Agreement on Combating Piracy and Armed Robbery against Ships in Asia 2004 (ReCAAP 2004), so as to clarify the concepts of piracy and armed robbery against ships; the cooperation obligations of Asian countries in general and Southeast Asia in particular in the prevention of this special forms of crime. The article also delves into the anti-piracy practice in Southeast Asia, thereby shedding light provisions on a number of advantages and in the implementation of ReCAAP 2004 difficulties in the world’s number 1 hot spot of piracy, and thereupon recommending several solutions to aid effective joint efforts in the fight and prevention of piracy and armed robbery against ships in Southeast Asia.
Keywords: UNCLOS 1982, ReCAAP 2004, piracy, armed robbery against ships.
References
1. The 1982 United Nations Convention on the Law of the Sea.
2. Regional Co-operation Agreement on Combating Piracy and Armed Robbery against Ships in Asia 2004 (ReCAAP 2004).
3. Rothwell D. Judicial Measures for Settlement of Disputes under UNCLOS, Legal Issues relating to Awards of the Arbitral Tribunal Established under Annex VII of UNCLOS 1982 Proc., July. 23, 2016.
4. Ministry of Foreign Affairs of Vietnam, The introduction of the main issues of the law of the sea in Vietnam, the National Political Publisher, 2003.
5. Nguyen Hong Thao. China’s “nine-dash line” claim from an international perspective // Journal of International Studies. – 2009. – № 4. – P. 12-25.
6. Tran Nam Tien (2011), Hoang Sa – Truong Sa: Questions and Answers, Youth Publishing House.
7. [Electronic resource]. – Access mode: https://canhsatbien.vn.
8. [Electronic resource]. – Access mode: https://www.recaap.org.
9. [Electronic resource]. – Access mode: https://thanhnien.vn.
10. [Electronic resource]. – Access mode: https://plo.vn.
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INTERNATIONAL LAW
RAHIMLI Saftar
Doctor of Philosophy in Law of the Baku state university
CONTINUITY AND PRACTICAL SIGNIFICANCE OF THE SUBJECT OF INTERNATIONAL LAW OF THE AZERBAIJAN DEMOCRATIC REPUBLIC
The article emphasizes the importance of the scientific-practical study of the assessment of the identity of the international legal subject of the Azerbaijan Democratic Republic with the international legal subject of the Republic of Azerbaijan for the international law doctrine and foreign policy course. As the birth and death of states is one of the problems of political science, it is highlighted that the “share” of law and politics should be determined in the study of the subject of international law of the Republic of Azerbaijan. Determining the content of legal norms will not be effective without analyzing the political norms that shape the behavior of states. International legal norms cannot be implemented without political norms. In this sense, attention should be paid to the role of both law and politics in solving these two problems during the restoration of state independence.
According to the research, during the evaluation of the international legal entity of the Azerbaijan Democratic Republic, its legal nature is evaluated on the basis of its declared ideology, territory and population (people). Determining the question of what kind of social, geographical and political identity this state carries with the previous Azerbaijani states, their population and territory with the attributes adopted by it, as well as in what political and legal capacity it continues its sovereignty or leaves a legacy after the occupation of its territory is highlighted as one of the most important issues in terms of survival. In particular, issues that need to be resolved, such as how any state is subject to aggression and its continuity in the practice of states, as well as the role of international law and politics, are investigated.
It should be highlighted that, unlike legal succession, the continuity of the state not only serves to prevent its re-occupation, but also establishes the concept of a “nation with a state” and “a nation with a state”. on the other hand, re-creation in the order of succession poses a political problem such as recognition and it is emphasized that a number of serious international economic and social problems have arisen, which are significant for the recognized state, including the government, and that the solution of the issues that need to be solved, and the internal stability and security of the state depend on the solution of these issues.
Keywords: Azerbaijan Democratic Republic, sovereignty, occupation, international law, international relation, state continuity.
References
1. Declaration of Independence of the Republic of Azerbaijan (Tbilisi: May 28, 1918) // State Archive of the Republic of Azerbaijan, Foundation No. 894. – List No. 10. – document No. 192. – Paper 3.
2. History of Azerbaijan. In 7 volumes. Volume IV. – Baku: Elm, 2000. – 508 s.
3. Bunyadov Z. Azerbaijan in VII-IX centuries. – Baku: Azernashr, 1989. – 336 s.
4. Ismayilov R. History of Azerbaijan. – Baku: Azernashr, 1993. – 144 pp.
5. Piriyev V. Azerbaijan in the XIII-XIV centuries. – Baku: “Nurlan”, 2003. – 458 s.
6. Piriyev V. Historical-political geography of Azerbaijan. – Baku: “Muellim” publishing house, 2006. – 148 s.
7. Suleymanov M. Turkmenchay contract. – Baku: Elm ve Tehsil, 2015. – 744 s.
8. Shukurov K. History of Azerbaijan. In 3 parts. Part II. From the earliest times to the present day: Periods, events, synchronized tables. third edition. – Baku: Baku University publishing house, 2004. – 380 s.
9. Valiyev (Baharli) M.H. Azerbaijan (Physical-geographic, ethnographic and economic essay). – Baku: “Azerbaijan” publishing house, 1993. – 192 s.
10. Protocols of the meetings of the Muslim faction of the Transcaucasian Seym and the National Council of Azerbaijan / responsible editor. A. A. Pashayev. – Baku: Adiloglu, 2006. – 216 s.
11. Zeynaloglu C. Brief history of Azerbaijan. – Baku: Azerbaijan State Book Chamber, 1992. – 144 s.
12. Dorr O. Incorporation as a fact of state succession. – Berlin: Duncker & Humblot, 1995. – 434 s.
13. Zimmermann A. State succession in international treaties. At the same time a contribution to the possibilities and limits of international law codification. – Berlin: Springer, 2000. – 1012 s.
14. Aron R. Peace and War: A Theory of International relations. R. Howard and A. Booker Fox. garden city. – NY: Doubleday, 1966. – 846 p.
15. Tomuschat C. Ethos, Ethics and Morality In International Relations // EPIL. – No. 9. 1986. – R. 127-133.
INTERNATIONAL LAW
YASYREVA Elena Alexandrovna
bachelor of the National Research University “Higher School of Economics”
COMPARATIVE LEGAL ANALYSIS OF THE FUNDAMENTALS OF LEGISLATION ON EDUCATION IN RUSSIA, KAZAKHSTAN AND TAJIKISTAN
The article is a detailed study of the legislative foundations of the education system in three countries: Kazakhstan, Tajikistan and the Russian Federation. The author analyzes the laws on education of each country, taking into account national legal systems, and highlights the main differences and similarities in the legal foundations of the right to education, the structure of the educational system and the role of the state and society in the field of education. In addition, the article discusses possible problems related to the implementation of the national legal system in the field of education, and presents ways to solve them. Particular attention is paid to problems such as inequality of access to quality education, lack of personnel in education, financing and organization of educational processes. The general purpose of the article is to help readers better understand the legislative framework of education in each of the three countries and to offer recommendations for improving national education systems. The research can be useful for scientists engaged in comparative analysis of legal systems in the field of education, as well as for practitioners working in the field of development and implementation of educational programs in accordance with local legislation.
Keywords: comparative legal analysis, legislation, education, Russian Federation, Republic of Kazakhstan, Republic of Tajikistan.
References
1. Grishina T. M. Evolution of the Eurasian Economic Union: Features and Development Trends. Vestnik MGOU. Series: History and political sciences. 2022. No. 3. P.4-9.
2. Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III “On Education” (as amended and supplemented on July 7, 2020) // Information system “PARAGRAPH”: [reference and legal system]. [Electronic resource]. – Access mode: https://egi.edu.kz/wp-content/uploads/2020/12/ZAKON-RK-OB-OBRAZOVANII-OT-27.07.2007-319-III.pdf (accessed 15.01.2023).
3. Law of the Republic of Tajikistan dated July 22, 2013 No. 1004 “On Education” // Continent: [reference legal system]. [Electronic resource]. – Access mode: https://continent-online.com/Document/?doc_id=31428424 (accessed 01/15/2023).
4. Law of the Republic of Tajikistan dated August 2, 2011 No. 762 “On the responsibility of parents for the education and upbringing of children” (as amended and supplemented on December 24, 2022) // Continent: [reference and legal system]. [Electronic resource]. – Access mode: https://continent-online.com/Document/?doc_id=31428424 (accessed 01/15/2023).
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INTERNATIONAL LAW
EVDOKIMOVA Anastasia Alexandrovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
DEVELOPMENT OF THE INSTITUTION OF COERCION IN INTERNATIONAL LAW: FROM ANCIENT TIMES TO THE CREATION OF THE LEAGUE OF NATIONS
The article examines the main stages of development of the institution of coercion in international law, including the period from Antiquity to the creation of the League of Nations. Particular attention is paid to the problem of limiting the use of force and the threat of force as one of the main forms of coercion during this period. The article addresses historical and practical prerequisites for the development of the institution of coercion in international law as well as the main concepts of understanding the essence and features of the institution of coercion developed by domestic and foreign scientists.
Keywords: coercive measures, the principle of non-use of force and threat of force, the institution of coercion, international law, the League of Nations.
References
1. Grotsiy G. On the right of war and peace: Reprint from ed. 1956 – M.: Ladomir, 1994. – 868 p.
2. Gruntovsky I. I., Moiseev V. S. Coercion before our era // Journal of Foreign Legislation and Comparative Law. – 2022. – No. 1. – P. 93-102.
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4. Kritsky KV Sanctions and unilateral restrictive measures in modern international law: dis. … cand. legal Sciences: 12.00.10 / FGAOU VO “Kazan (Volga Region) Federal University”. – Kazan, 2019. – 226 p.
5. Lukashuk I. I. The right of international responsibility. – M.: Wolters Kluver, 2004. – 160 p.
6. International law at 2 pm Part 1: textbook for universities / A. N. Vylegzhanin [et al.]; executive editor A. N. Vylegzhanin. – 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 326 p.
7. International law. General part: textbook. for law students fak. and universities / I. I. Lukashuk; Ros. acad. Sciences, Institute of State and Law, Akadem. legal un-t. – Ed. 3rd, revised. and additional – M.: Wolters Kluver, 2005. – 432 p.
8. Safonov V. E. Westphalian treatise of 1648 and its influence on the formation of the principles of international law // Citizen. Elections. Power. – 2021. – No. 2 (20). – P. 110-117.
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INTERNATIONAL LAW
KOFFI N’gouan Jean Francois Regis
postgraduate student of the 3rd course of International law sub-faculty of the Peoples’ Friendship University of Russia
LEGAL REASONS FOR THE CAUTIOUS PARTICIPATION OF AFRICAN STATES IN THE WTO DISPUTE RESOLUTION SYSTEM
The article presents the main positions of a number of developing countries before the WTO Dispute Settlement Body, based on the understanding of the process adopted in the WTO. Thus, we are talking about the fact that a State can take the lead to initiate a dispute if it believes that its rights have been violated or if a measure taken by another WTO member that affects its interests. In this situation, the State is assigned the role of “plaintiff”. Otherwise, any participant in the dispute may appear before the LFS in a different form, believing that his rights have been violated. In this case, the State presented to the LFS takes the position of the defendant. The “plaintiff” and the “defendant” are the main parties to the dispute. As for African States, their participation in the third WTO dispute settlement system as parties is practically non-existent. African States are practically not represented in the LFS. Although this participation of African countries is insignificant compared to the participation of other members of the organization, it is still greater than their presence in the WTO dispute settlement system as the main party to the dispute.
Keywords: African states, WTO, international trade dispute settlement system, legal basis.
References
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2. Benecchio R. Decision de l’organe de règlement des différends (ORD) sur le coton: Quelles implications pour les pays africains et les négociations agricoles / E. HAZARD (dir.) // Négociations commerciales internationales et réduction de la pauvreté: Le livre blanc sur le coton, Dakar, Enda, 2005.
3. Blin O. Regards croisés sur le règlement des différends de l’Organisation Mondiale du Commerce, Bruxelles, Bruylant, 2009.
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5. Conti J. A. Learning to Dispute: Repeat Participation, Expertise and Reputation at the World Trade Organization. // law & social inquiry. 2010 Vol. 35. No. 3. Pp. 625-662.
6. Ehongo P. D. La mondialisation du droit et les inégalités entre états dans l’accès à la justice internationale : les états africains face au mécanisme de règlement des différends du système GATT/OMC. // La mesure de la mondialisation. Paris: GEMDEV, 2007.
7. Ewing-Chow M., Goh A. W. S., Patil A. K. Are Asian WTO Members Using the WTO DSU Effectively? // Journal of International Economic Law. 2013. Vol. 16. No. 3. Note 116.
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11. Freneau A. WTO dispute settlement system and implementation of decision: a developing country perspective. Manchester: University of Manchester, 2001. Pp. 28-29.
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18. Nagalo Y. A. La jurisprudence de l’organe de règlement des différends de l’organization mondiale du commerce et protection de l’environnemen. // Mémoire de Master 2 en droit international de l’environnement, Université de limoges, 2009. P. 62.
19. Narayanan S. Dispute settlement of the WTO: need for improvement and clarification. // Working paper No. 117. Indian Counsel of International Economic Relations, December 2003.
20. Ngambi J. La preuve dans le règlement des différends de l’Organisation mondiale du commerce. Bruylant, Bruxelles, 2010. 598 p.
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22. Ogunkola E. O. Capacité de l’Afrique à respecter les règles et à défendre ses droits au titre du processus de l’OMC // L’Afrique et les défis de l’OMC / D. Njinkeu (dir). Karthala, 2004.
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INTERNATIONAL LAW
YUSIFOVA Parzad Nizamovna
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
INTERNATIONAL LEGAL REQUIREMENTS FOR THE USE OF MERCURY IN ARTISANAL SMALL-SCALE GOLD MINING
Mercury is a unique chemical element that is used in all areas of human life. The major anthropogenic sources of mercury emissions to the environment include artisanal and small-scale gold mining (ASGM), which accounts for about 40% of all mercury emissions to the environment. This article examines how the Minamata Convention on Mercury can reduce mercury use in the ASGM sector.
Keywords: Minamata Convention on Mercury, mercury, artisanal and small-scale gold mining (ASGM), GEF, PlanetGold, emissions reduction.
References
1. Global Mercury Assessment 2018. United Nations Environment Programme, Chemicals and Health Sector Geneva, Switzerland. [Electronic resource]. – Mode of access: https://www.unep.org/explore-topics/chemicals-waste/what-we-do/mercury/global-mercury-assessment (accessed 03/31/2023).
2. Report of the Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana. Mercury, small-scale gold mining and human rights (July 8, 2022), p. 4. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G22/403/63/PDF/G2240363.pdf?OpenElement (Accessed 03/31/2023).
3. Report of the Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana. Mercury, small-scale gold mining and human rights (July 8, 2022), p. 12. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/documents/working_document/4_6_ASGM_Guidance.Russian.pdf (accessed 03/31/2023).
4. Report of the Special Rapporteur on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana. Mercury, small-scale gold mining and human rights (July 8, 2022), p. 18. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/documents/working_document/4_6_ASGM_Guidance.Russian.pdf (accessed 03/31/2023).
5. Domracheva V. A. Mercury: properties, accumulation in the environment and ways of neutralization // Bulletin of the Irkutsk State Technical University, 2004 No. 2(18), p. 120.
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7. Golden planet. About the program. Information. [Electronic resource]. Access mode: https://www.planetgold.org/about (03/31/2023).
8. Golden planet. Access to finance. Unlocking capital flows to transform artisanal and small scale gold mining. [Electronic resource]. – Access mode: https://www.planetgold.org/access-finance (date of access: 03/31/2023).
9. Golden planet. Formalization. Integrating miners into the formal economy and regulation for the benefit of all. [Electronic resource]. – Access mode: https://www.planetgold.org/formalization (date of access: 03/31/2023).
10. Golden planet. Areas of knowledge. [Electronic resource]. – Access mode: https://www.planetgold.org/ (date of access: 03/31/2023).
11. Executive summary, 7-11 October 2013 Diplomatic Plenipotentiary Conference on the Minamata Mercury Convention and its preparatory meeting. [Electronic resource]. – Mode of access: https://enb.iisd.org/events/diplomatic-conference-plenipotentiaries-minamata-convention-mercury-and-its-preparatory-4 (accessed 31.03.2023).
12. Minamata Convention on Mercury (Kumamoto, October 10, 2013), Appendix C. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/2021-06/Minamata-Convention-booklet-eng-full.pdf (Accessed 03/25/2023).
13. Minamata Convention on Mercury (Kumamoto, October 10, 2013), paragraph 3 article 7. [Electronic resource]. – Access mode: https://www.mercuryconvention.org/sites/default/files/2021-06/Minamata-Convention-booklet-eng-full.pdf (Accessed 03/25/2023).
14. Report on the implementation of the Minamata Convention 2022, p. 8. [Electronic resource]. – Access Mode: https://mercuryconvention.org/sites/default/files/documents/2023-03/MC_Progress_Report_2022.pdf (Accessed 03/25/2023).
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16. Draft Federal Law “On Prospecting Activities”, Art. 6. [Electronic resource]. – Access mode: https://agjr.ru/assets/files/documents/2021/prilozhenie-N3-1010948-v1.PDF (date of access: 04/28/2023).
17. System for ensuring legislative activity. Draft law No. 343102-8 “On mining activity”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/343102-8#bh_histras (date of access: 28.04.2023).
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19. Parties and signatories to the Minamata Convention. [Electronic resource]. – Mode of access: https://www.mercuryconvention.org/en/parties (Accessed: 03/31/2023).
20. Solntsev A.M. The role of international law in the fight against mercury pollution // Humanitarian, socio-economic and social sciences. 2015. No. 10. S. 211-213.
21. Trade in resources. Earth. [Electronic resource]. – Access mode: https://resourcetrade.earth/?year=2020&category=1512&units=weight&autozoom=1 (Accessed: 03/31/2023).
22. Federal Law “On Precious Metals and Precious Stones” dated March 26, 1998 No. 41-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_18254/ (date of access: 28.04.2023).
23. Fourth meeting of the Conference of the Parties to the Minamata Convention on Mercury (COP-4) – second part. Article 7: Artisanal and Small-Scale Gold Mining: Update Guidance for the Preparation of a National Action Plan to Reduce and Where Possible Eliminate Mercury in Artisanal and Small-Scale Gold Mining (June 6, 2022). UNEP/MC/COP.4/29. [Electronic resource]. – Mode of access: https://www.mercuryconvention.org/sites/default/files/documents/working_document/K2201630%20-%20UNEP-MC-COP-4-29%20-%20ADVANCE.pdf (Accessed: 31.03 .2023).
24. Yusifova P. N. Genesis of international legal protection of human health and the environment from the harmful effects of mercury and its compounds // Eurasian legal journal. 2022. No. 2 (165). pp. 41-47.
INTERNATIONAL LAW
ABOYAN Agavni Armenakovna
magister student of the School of Law of the Far Eastern Federal University
PARIN Dmitriy Vitaljevich
magister student of the School of Law of the Far Eastern Federal University
ALTERNATIVES OF HUMAN RIGHTS MECHANISMS TO THE EUROPEAN COURT OF HUMAN RIGHTS: UNDERSTANDING AFTER A YEAR OF RUSSIA’S WITHDRAWAL FROM THE COUNCIL OF EUROPE
This article raises the problem of ensuring judicial protection in the conditions of Russia’s withdrawal from the Council of Europe and the loss of the possibility for Russian citizens and legal entities to appeal to the European Court of Human Rights in order to protect fundamental rights and freedoms. The authors, in search of a replacement for the European Court of Human Rights, are considering the possibility of applying for protection of violated rights to alternative bodies, including the Constitutional Court of the Russian Federation, the UN Charter and Treaty committees, the UN Human Rights Council. The authors analyze a number of obstacles existing today in the legal field for the involvement of these bodies in the capacity in which the ECHR acted for citizens and individuals, and come to the conclusion about the premature nomination of proposals concerning the replacement of the European Court by the Constitutional Court, about the legally unjustified possibility of replacing the decisions of the European Court with the decisions of UN committees, about the potentials of creating new bodies of international justice.
Keywords: judicial protection, constitutional law, human rights mechanisms, UN charter bodies, UN treaty bodies, the European Court of Human Rights, the Constitutional Court of Russia, international justice.
References
1. Vaypan G. Execution cannot be ignored: on the legal significance of the Opinions of the UN Working Group on Arbitrary Detention for the Russian legal order // International Justice. – 2015. – No. 3. – P. 93-107.
2. Gadzhiev G. A. Work in the Constitutional Court of the Russian Federation has become much more interesting // Advocate newspaper. – 2023. – No. 8. – [Electronic resource]. – Access mode: https://www.advgazeta.ru/intervyu/rabotat-v-ks-rf-stalo-namnogo-interesnee/ (date of access: 05/12/2023).
3. Gadzhiev G. A., Blokhin P. D. On the functional purpose of part 2 of Article 79 of the Law on the Constitutional Court of the Russian Federation and its relationship with the requirement to exhaust judicial remedies // Journal of Constitutional Justice. – 2022. – No. 5. – P. 1-6.
4. Ispolinov A.S. The strength and weakness of universal treaties on the protection of human rights // Russian Journal of Law. – 2022. – No. 3 // Access from the Garant SPS.
5. Klyuchevskaya N. Creation of the Russian court for human rights: the search for rational grain // Access from the SPS “Garant”.
6. Kokotov A. N. The Constitutional Court of Russia as a Russian court for human rights // Journal of Constitutional Justice. – 2022. – № 2. – P. 1-6.
7. Commentary on the Constitution of the Russian Federation / ed. V. D. Zorkin. – M., 2011 // Access from the ATP “ConsultantPlus”.
8. Koneva A. E. The contribution of the UN Working Group on Arbitrary Detention to the Protection of Human Rights (the case of Julian Assange) // Russian Journal of Law. – 2017. – No. 1 // Access from the SPS “Garant”.
9. Koneva A. E. To the question of the futility of the establishment of the World Court of Human Rights // Bulletin of the Peoples’ Friendship University of Russia. Series: Law. – 2017. – No. 1. – P. 83-101.
10. The Constitutional Court of Russia: understanding the experience: a monograph / Medushevsky A. N., Gritsenko E. V., Kenenova I. P. [and others]; under total ed. A. N. Medushevsky. – M., 2022. – 652 p.
11. Kochurina T. A. The institute for the revision of judicial decisions that have entered into force on newly discovered or new circumstances: the interaction of civil procedural and international law // Russian Journal of Law. – 2011. – No. 3 // Access from the SPS “Garant”.
12. Kursaev A. V., Khanakhmedova L. V. Ensuring the rights and freedoms of citizens in the conditions of the exit procedureof the Russian Federation from the European Court of Human Rights // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. – P. 24-37.
13. Lukyantsev G. E. To the question of improving the effectiveness of the functioning of human rights treaty bodies (theoretical and practical aspects) // Moscow Journal of International Law. – 2005. – No. 4. – P. 101-119.
14. Marochkin S. Yu. Constitutional amendments on the role of international obligations in the legal system of Russia: forward, into the past? // Comparative constitutional review. – 2022. – № 2. – P. 105-124.
15. United Nations human rights treaty system. Statement of Fact No. 30/Rev. 1. – Geneva, 2012. – 76 p.
16. Taribo E. V. Acts of judicial interpretation as a subject of constitutional drug control // Bulletin of the Voronezh State University. Series: Law. – 2018. – No. 3. – P. 45-50.
PRIVATE LAW INTERNATIONAL
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
GRITSAY Darya Viktorovna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
PATRUSHEVA Elizaveta Dmitrievna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
RECOGNITION AND ENFORCEMENT OF DECISIONS OF FOREIGN COURTS IN THE RUSSIAN FEDERATION
At present, the issue of recognition and enforcement of decisions of foreign courts in the Russian Federation is of particular relevance. In the article, the authors explore the problems associated with the recognition and enforcement of judicial acts in Russia, and also offer their solutions, taking into account the current international situation. Various mechanisms for the recognition and enforcement of foreign judgments are considered: on the basis of an international treaty of the Russian Federation or federal law, the principle of reciprocity and international courtesy, open recognition of decisions of foreign courts. Based on the information obtained as a result of the study, the authors indicate the legal basis for the recognition of decisions of foreign courts, which is most preferable for Russia.
Keywords: judgment, enforcement, foreign courts, international private law, national law, problems of theory and practice.
References
1. Glinshchikova T. V., Gavrikov S. D. The role of the international treaty in the issues of recognition and execution of decisions of foreign courts // Humanitarian, socio-economic and social sciences. – 2022. – No. 11-2. – P. 47-49.
2. Vlasova N. V. Reciprocity as a basis for the recognition and enforcement of foreign judgments in Russia // Actual problems of Russian law. – 2016. – No. 10 (71). – P. 190-196.
3. Kostin A. A. Legal grounds for the recognition and enforcement of foreign judgments in the Russian Federation: Author. dis. … cand. legal Sciences. – M., 2018. – S. 21.
4. Determination of the Supreme Arbitration Court of the Russian Federation dated July 26, 2012 N VAC-6580/12 in case No. A40-119397/11-63-950. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01/07/2023).
PRIVATE LAW INTERNATIONAL
GULEVICH Inassa Vasiljevna
senior lecturer in Civil law sub-faculty of the Crimean branch of the Russian State University of Justice
AKHMEDOVA Daniela Sabitovna
student of the 4th course of the Crimean branch of the Russian State University of Justice
FEDOROVSKIY Maxim Alekseevich
student of the 3rd course of the Crimean branch of the Russian State University of Justice, assistant lawyer of Mina M. A.
ADOPTION OF RUSSIAN CHILDREN BY FOREIGN CITIZENS: ANALYSIS OF THE PCULIARITIES OF THE CURRENT LEGISLATION
The authors of the article raise the topical issue of the possibility of adoption of Russian children by foreign citizens, in particular, analyze the restrictions provided for by the current Russian legislation in this procedure. The material is based on the factual presentation of the specifics of Russian legislation in this matter, and also contains a conclusion about the motivation of the legislator and the public of the Russian Federation in establishing and supporting the restrictions set out in the article. p> Keywords: adoption of Russian children, orphans, family law, unfriendly countries, traditional family.
References
1. Borodich K. Yu. Adoption of children – citizens of Russia by foreign citizens: dis. … cand. legal Sciences. – Moscow, 2005.
2. Guseva V. S. Adoption ininternational private law // Young scientist. — 2020. — № 52 (342).
3. Dzugaeva A. Z. Legal problems of adoption of children – citizens of the Russian Federation by foreign citizens in Russia: dis. … cand. legal Sciences. – Moscow, 2006.
4. Maksimova V. I., Makhmutova S. A., Zhdanov S. Z. Issues of adoption in private international law // Interactive Science. – 2021. – No. 5 (60).
EUROPEAN LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Department of the Institute of State and Law of the Russian Academy of Sciences
JUDGMENTS OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN THE VAN GEND AND COSTA CASES: CONTEXTUAL ANALYSIS
The article examines the evolution of direct effect and primacy doctrines of the European Communities law in the Member States legal systems. Despite the fact that this problem has been well studied in Russian and foreign science of European law, many historical details that shed light on the legal genesis of these doctrines have not been known for a long time. After the publication of the archive related to the activities of the Director of the Legal Service of the Commission of the European Communities M. Gaudet in 2010, the cases of Van Gend and Costa again became the subject of study by foreign authors. This article attempts to carry out a legal analysis of these cases in a broader historical and political context. It is concluded that the setting of the federal goal, as well as the attempt to constitutional interpretation of the constituent treaties, is the result of conscious activity of European federalists, which sometimes contradicted the aspirations of the Member States, the positions of authoritative legal scholars and prominent figures of the European integration project.
Keywords: supranationality, integration law, European integration, European Union, the ECJ, EU Court of Justice, judicial interpretation
References
1. Rasmussen M. Establishing a Constitutional Practice of European Law: The History of the Legal Service of the European Executive, 1952-65 // Contemporary European History. 2012. Vol. 21. No. 3. P. 375-397.
2. Rasmussen M. Agents of Constitutionalism: The Quest for a Constitutional Breakthrough in European Law, 1945-1964 // Crafting the International Order. Practitioners and Practices of International Law since c. 1800 / Ed. by M. M. Payk, K. C. Priemel. Oxford: Oxford University Press, 2021. P. 249-276.
3. Arnull A. The Many Ages of the Court of Justice of the European Union // New Legal Approaches to Studying the Court of Justice: Revisiting Law in Context / Ed. by C. Kilpatrick, J. Scott. Oxford: Oxford University Press, 2020. P. 12–44.
4. Mélanges Fernand Dehousse: La construction européenne (Volume 2) / Ed. par F. Nathan. Bruxelles: Labor, 1979.
5. Boerger-De Smedt A. Negotiating the Foundations of European Law, 1950-57: The Legal History of the Treaties of Paris and Rome // Contemporary European History. 2012. Vol. 21. No. 3. P. 339-356.
6. Lebedeva Ya. I. Decisions of the EU Court as a factor in the formation of integration // International justice as a factor in integration: monograph / Ed. T. Ya. Khabrieva, A. I. Kovler. Moscow: Norma: INFRA-M, 2019. P. 38-63.
7. Trabucchi A. La formazione del diritto europeo: Giornata di studio per Alberto Trabucchi nel centenario della nascita. Padua: Casa Editrice Dottore Antonio Milani, 2008. P. 71-83.
8. Hallstein W. La communauté européenne: nouvel ordre juridique. Bruxelles: Bureau d’information des communautés européennes, 1964.
9. Kadelbach S. Chapter 10. International Treaties and The German Constitution // The Oxford Handbook of Comparative Foreign Relations Law / Ed. by C. A. Bradley. Oxford: Oxford University Press, 2019.
STATE AND LAW THEORY
GORBUNOV Maxim Dmitrievich
Ph.D. in Law, senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy State University
ON THE CRITICISM OF THE MECHANISTIC NATURE OF RESPONSIBILITY IN LAW
The article deals with the question of the relationship between the concepts of “duty” and “responsibility” as the basis of the normative nature of the legal system. It is argued that the domestic legal science in determining the normativity of the legal system focuses on the concept of “responsibility”. The enforcement of the law and the implementation of the sanction are defined as the main goal of regulatory regulation. This approach does not take into account the conscious nature of the attitude of subjects to legal prescriptions and their awareness of their own obligation to follow social standards. As a result, the author comes to the conclusion that the excessive concentration on the coercive aspect of normativity distorts the role of duty and responsibility in legal regulation.
Keywords: jurisprudence, legal responsibility, normative regulation, philosophy of law, legal understanding.
References
1. Baitin M. I. Essence of law (Modern normative legal understanding on the verge of two centuries). – M., 2005. – 554 p.
2. Kudryavtsev VN About legal understanding and legality // State and law. – 1994. – № 3.
3. Lapaeva VV Current state and prospects of the Russian theory of law and state. Part I // Russian Journal of Legal Research. – 2014. – No. 4 (1). – P. 9-18.
4. Loshenkova E. V. Positive legal liability: are there sufficient grounds for its recognition? // Actual problems of Russian law. – 2007. – No. 1 (4). – P. 437-444.
5. Noskova E. A. Positive legal responsibility / Under the general editorship of R. L. Khachaturov. – Togliatti: Volga University. V. N. Tatishcheva, 2003. – 143 p.
6. Hart G. L. A. The concept of law (Translated from English by E. V. Afonasina, M. Babak, A. B. Didikin, S. V. Moiseeva) / G. L. A. Hart. – St. Petersburg: St. Petersburg State University, 2007.
7. Austin J. The Province of Jurisprudence Determined / Ed. Rumble W. – Cambridge: Cambridge University Press, 1995. – 293 p.
8. Bentham J. A Comment on the commentaries and a fragment on government / Ed. Burns J. H. and Hart H. L. A., 1977. – 630 p.
9. Dickinson J., Legal Rules. Their Function in the Process of Decision. – Philadelphia: University of Pennsylvania Law Review, 1931. – P. 833-868.
10. Hart H. L. A. Cohen J. Theory and definition in jurisprudence // The Aristotelian society. – 1955. – Vol. 29. – P. 213-264.
11. Kelsen H. General Theory of Law and State. – Cambridge: Harvard University Press, 1945
12. Ross A., On Law and Justice // Berkeley: University of California Press. – 1959.
STATE AND LAW THEORY
GOROKHOV Andrey Andreevich
junior bailiff for OUPDS of the Main Department of Bailiffs in the Krasnoyarsk Territory
GOROKHOVA Kamila Ildusovna
chief specialist of the Legal Department of the Agency for State Property Management of the Krasnoyarsk Territory
THE VALUE OF THE DIGNITY OF THE INDIVIDUAL IN THE MECHANISM OF SUBSIDIARY LEGAL RESPONSIBILITY. ANALYSIS OF LAW ENFORCEMENT PRACTICE.
The article discusses the axiology of subsidiary legal liability from the perspective of a law enforcement officer. Values occupy the most important place in the life of a person and society. It is taking into account the values of a particular society that the legislator tries to correctly build the mechanism of legal regulation.
Recently, the number of cases of bringing to subsidiary liability has increased significantly. However, the reform of the civil legislation did not affect the norms on the specified type of liability, which complicated the process of law enforcement of legal norms. At the same time, taking into account modern legal realities, subsidiary liability needs clear legal regulation.
Keywords: dignity of the individual, axiology, law enforcement, subsidiary legal responsibility, values of law, morality.
References:
1. Gorbashev I. V. On some material and legal aspects of bringing to subsidiary liability in the clarifications of the Supreme Court of the Russian Federation // Bulletin of Civil Law. – 2018. – № 4.
2. Zhukov VN State and law // Law as a value. – M., 2010. – № 1.
3. Ivannikov AI Axiology of legal responsibility: monograph; edited by R. L. Khachaturov. – Moscow: Yurlitinform, 2020.
4. Krotova E. V. Legal nature of the category “subsidiary responsibility” // Modern science: actual problems of theory and practice. Series “Economics and Law”. – 2020. – № 1.
5. Martyshina O. V. The problem of values in the theory of state and law // State and law. – 2004. – № 10.
6. Mironov A. V. The concept of value, types and hierarchy of values // Social and humanitarian knowledge. – 2007. – № 1.
7. Nenovsky N. Law and values. – M.: Progress, 1987.
8. Yarkova E. N. History and methodology of legal science. – Tyumen, 2012.
STATE AND LAW THEORY
DUBROVIN Mikhail Andreevich
senior lecturer of International law and foreign economic activity sub-faculty of the Institute of Law of the A. G. and N. G. Stoletov Vladimir State University
SIGNS OF THE INTEGRATION PROCESS IN THE STATE
The study is dedicated to the theoretical analysis of the integration process in the state. It is shown that the traditionally deduced signs of theintegration process are not final and require doctrinal adjustments and additions under the influence of external factors caused by the new multipolar world. The question of relevance and motivation of introducing additional features into the integration process is investigated. The necessity of the presence of these features in the doctrinal model is substantiated in order to correctly assess the nature of the integration processes taking place in the state.
Keywords: integration process, signs of integration process, state, flexibility, cyclicity.
References
1. Baranovsky VG The main parameters of the modern system of international relations // Polis. – 2012. – № 3. – P. 63-73.
2. Dubrovin M. A. Correlation of the criteria of flexibility and cyclicality in the process of integration in the state // MNIZH. – 2022. – № 6-5 (120).
3. Dubrovin M. A. The criterion of flexibility in the context of the integration activities of the state: a theoretical aspect // Eurasian Law Journal. – 2021. – No. 5. – P. 66-67.
4. Pastukhova N. B. International integration and state sovereignty // State and law. – 2006. – No. 10. – S. 82-85.
STATE AND LAW THEORY
ZABOLOTNYKH Alexander Alexandrovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
DIPLOMACY IN THE MODERN RUSSIAN STATE
The article discusses such an important direction for any country in the world as diplomatic activity, its benefits for the state. Skills, knowledge and skills that a diplomat must have in order to successfully complete the tasks assigned to him. Dilomatic figures significant for modern Russian history, their services to the motherland. Good examples of the activities of diplomats are given. The necessity of diplomatic activity as the main course of development of modern international relations is revealed.
Keywords: diplomacy, international relations, diplomatic activity.
References
1. Chernyakov Yu. Diplomats, officials, and others. Ministers of Foreign Affairs. – M.: Azimut, 2015. – 769 p.
2. Vasilenko I. A. Negotiations with Eastern partners. Models, strategies, sociocultural traditions. – M.: International relations, 2016. – 336 p.
3. Pechatnov V. O., Popov I. V., Raikov Yu. A. History of Russian diplomacy: In two volumes. Textbook. Volume II: 1917-2017. / Ed. A. V. Torkunova, A. N. Panova. – M.: Aspect Press, 2018. – 368 p.
4. Morozov S. Diplomacy of V. V. Putin. Foreign policy of Russia 2015-2017 – M.: Izmailovsky Publishing House, 2017. – 256 p.
5. Utkin A. I., Khvostov V. V. Diplomacy and weapons. – M.: Nauka, 2017. – 192 p.
STATE AND LAW THEORY
PARONYAN Karen Martinovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch), Rostov State University of Economics (RINH), Taganrog
THE MECHANISM OF IMPLEMENTATION OF THE INSTITUTE OF CENSORSHIP IN THE LIBERAL STATE-LEGAL REGIME OF RUSSIA IN THE END OF THE XX – THE BEGINNING OF THE XXI CENTURIES
The article examines the mechanism for implementing the institution of censorship and the consolidation of elements of censorship state policy in the formation and functioning of the liberal state-legal regime in Russia in the late 20th and early 21st centuries. Scientific positions are analyzed regarding the prospects for the development of this model of the state-legal regime, as well as the relationship between the constitutional prohibition of censorship and the application of elements of censorship policy in the political and legal space of Russia. The conclusion is drawn that the Russian political and legal regime is a complex set of methods and techniques of ruling, based on authoritarian principles (used in periods of instability, and therefore almost always), in addition to which liberal approaches can be very successfully applied . One of the essential characteristics of this regime is the institution of censorship, which is dialectically built and functions in the Russian political system.
Keywords: censorship, institution of censorship, political system of society, political and legal regime, state-legal regime, methods of ruling, digitalization, informatization.
References
1. Apolsky E. A., Mordovtsev A. Yu., Khomenko S. M. Political and legal regime in the essential and national dimension. – M.:”Yurlitinform”, 2021. – 160 p.
2. Denisov S. A. The political regime of modern Russia // Political Conceptology. – 2018. – No. 2. – P. 146-156.
3. Ponomareva M. A. Liberal ideas in the 90s of the XX century: the basis of the concept of modernization of Russia // System of values of modern society. – 2011. – No. 18. – P. 89-96.
4. Revyakina E. A. Ideology of liberal parties in modern Russia: features, problems and development prospects // Central Russian Bulletin of Social Sciences. – 2013. – No. 2. – P. 113-117.
STATE AND LAW THEORY
SKVORTSOV Dmitriy Sergeevich
postgraduate student of the 1st course of the Samara State University of Economics
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
LEGAL POLICY AS A LEGAL CATEGORY: CONCEPT AND FEATURES
The article analyzes the essence and main features of legal policy. The author points out that the most important issues of the rule of law and human existence are at the center of legal policy: humanism, eternal values, justice, individual rights, interaction of personality and power, etc.; notes the need to popularize legal policy among the population. The article also discusses such signs of legal policy as its reliance on the norms of law, subordination to constitutional norms, compliance with the interests of the individual, society and the state, reliance on the coercive force of the state, scientific, etc.< /p> Keywords: legal policy, legal culture, personality, legal science, legal nihilism.
References
1. Aznagulova G. M., Komarov S. A. Legal policy as a category in legal science // Theory of State and Law. – 2016. – No. 1. – P. 35-38.
2. Biryaeva A. V. Legal policy as a legal category: concept and signs // Scientific potential of youth – the future of Mordovia. Materials of the final regional scientific-practical conference in 2 parts. – 2009. – S. 90-92.
3. Krasnov Yu. K. Legal policy of Russia at the present stage: Textbook / Yu. K. Krasnov; Moscow state Institute of International Relations (U-NT) Russian Foreign Ministry. – M.: Prometheus, 2019. – 182 p.
4. Legal policy = Legal policy: textbook for students of higher educational institutions studying in the specialties 030501.65 “Jurisprudence”, 030900.62 “Jurisprudence (Bachelor’s degree)”, 030900.68 “Jurisprudence (Master” / [A.V. Malko et al.]; under the editorship of A. V. Malko, R. V. Puzikov, Ministry of Education and Science of the Russian Federation, Russian Academician of Sciences, Saratov Branch of the Institute of State and Law, Federal State Budgetary Educational Institution of Higher Professional Education “Tambov State University named after G. R. Derzhavin”, Scientific and Educational Center for Legal Policy of the Subjects of the Russian Federation, Ministry of Education and Science of the Russian Federation. – Tambov: Publishing House of TSU, 2012. – 578 p.
5. Legal policy: textbook / Yu. M. Goryachkovskaya. – Belgorod: Publishing House of the Belgorod University of Cooperation, Economics and Law, 2016. – 155 p.
6. Rudkovsky V. A. Legal policy in the system of legal categories // Bulletin of the Volgograd State University. Series 5: Jurisprudence. – 2014. – No. 1 (22). – P. 63-68.
7. Rybakov O. Yu. Legal policy as a legal category: concept and signs // Journal of Russian law. – 2002. – No. 3 (63). – P. 71-78.
STATE AND LAW THEORY
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
INTRODUCTION OF FOREIGN VOCABULARY IN LAW-MAKING ACTIVITIES AS A FACTOR OF NEGATIVE IMPACT ON THE REGULATION OF SOCIAL RELATIONS
The article raises the question of the applicability of foreign vocabulary in the rule-making activity. The influence of the globalization process on the formation of social relations, which need to be regulated by the rules of law, is considered. It is important to understand that the very formation of the legal system involves the adoption of experience, borrowing terminology. The relevance and rationality of the use of foreign vocabulary in law-making activity may serve as a factor of positive law development. The analysis of the current legislation is carried out, examples of the negative impact of borrowings on the understanding of the law are given. The article names possible ways of solving the existing problems associated with the introduction of borrowings in the texts of normative legal acts in force on the territory of the Russian Federation.
Keywords: borrowed words, legal creation, globalization.
References
1. Federal Law “On the state language of the Russian Federation” dated June 1, 2005 No. 53-FZ (last edition).
2. Legal technique textbook edited by V. M. Baranov. – M.: Prospekt, 2021. – P. 177-178.
3. Federal Law No. 52-FZ of February 28, 2023 “On Amendments to the Federal Law “On the State Language of the Russian Federation”.
4. Explanatory note to the draft federal law “On Amendments to the Federal Law “On the State Language of the Russian Federation”. [Electronic resource]. – Access mode: https://soаd.duma.gov.ru/bill/221977-8 (date of access: 25.05.2023).
5. Cherekaev A. V. Legal terminology in Russian public law: problems of application and improvement: dis. … cand. legal Sciences. – M., 2004. – P. 34.
6. Kashanina T. V. Legal technique: textbook. – 2nd ed., revision. – M.: Norma: INFRA-M, 2011. – S. 258-262.
7. Davydova M. L. Legal technique: problems of theory and methodology: monograph / GOU VPO “VolGU”. – Volgograd: VolGU Publishing House, 2009. – P. 119-138.
STATE AND LAW THEORY
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofia Dmitrievna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
THE ESSENCE OF LEGAL PRECEDENT AND ITS CHARACTERISTIC FEATURES
This article discusses the issue of the formation and development of legal precedent. With all the popularity of this problem, there is no single approach even to understanding the phenomenon of precedent – this category includes very heterogeneous phenomena. The topic of various sources of law is important in the modern world, which especially has a growing trend in the development of globalization processes and the integration of legal systems, which is aiming at improving at interactions between countries and the development of international law. Thus, the question arises of the possibility of forming case law or its elements in the Russian Federation.
Keywords: precedent, court decision, sources of law, analogy, judicial practice.
References
1. Bocharova N. N. Judicial precedent as a source of Russian law // Trends in the development of science and education. – 2020. – No. 61-10. – P. 10-13.
2. Zivs S. Sources of law: monograph // Moscow: Nauka, 1981. – 241 p.
3. Kuchin M. V. Judicial precedent in the system of general and continental law // Russian legal journal. – 2006. – No. 2 (50). – 62 p.
4. Ovsepyan Zh. I. International judicial precedent as part of the constitutional and legal system of Russia // Bulletin of the Faculty of Law of the Southern Federal University. – 2014. – No. 1. – P. 51-58.
5. Spektor E. I. Judicial precedent as a source of law // Journal of Russian law. – 2003. – № 5. – 32 p.
6. Walker R. English judicial system. – Moscow: Jurid. lit., 1980. – 631 p.
STATE AND LAW THEORY
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Law school of the Far Eastern Federal university
DYAKONOVA Anastasia Vitaljevna
magister student of the Law school of the Far Eastern Federal university
RETHINKING THE ROLE OF THE INSTITUTION OF LEGAL INTERPRETATION IN THE AGE OF DIGITAL CHANGE
The authors discuss some trends in the institution of interpretation of law associated with the IV industrial revolution. Despite the potential of such a response tool, the legal policy of the state lags far behind the key trends in the development of society. The complication of the subject of legal regulation, the weighting of the structure of the regulatory text, the emergence of new opportunities for the algorithmization of law: all this creates the prerequisites for rethinking the role of the legal interpretation activities of the state in the digital era.
Keywords: interpretation of law, digitalization of law, algorithmization of law, machine-readable law, law interpretation activity, lawmaking, theory of interpretation.
References
1. About Russian Law as Open Data. [Electronic resource]. – Mode daccess: https://github.com/irlcode/RusLawOD (accessed 09/16/2022).
2. Frolova E. E., Ermakova E. P. Utilizing artificial intelligence in legal practice // Smart Innovation, Systems and Technologies. 2022 Vol. 254. P. 17-27.
3. Michael Genesereth’s Computational Law: The Cop in the Backseat. [Electronic resource]. – Mode of access: https://law.stanford.edu/2016/01/13/michael-genesereths-computational-law-the-cop-in-the-backseat/ (accessed 09/15/2022).
4. Belyaeva O. M. Interpretation of the norms of law // Uchenye zapiski Kazanskogo gosudarstvennogo universiteta. Series: Humanities. – 2007. – T. 149. – No. 6. – S. 39-47.
5. Boshno S. V. Interpretation of the norms of law: methods and types // Law and education. – 2003. – № 5. – S. 15-33.
6. Law of the Republic of Altai dated 05.03.2008 No. 18-RZ On regulatory legal acts of the Republic of Altai. [Electronic resource]. – Access mode: http://docs.cntd.ru/document/819039600 (date of access: 09/13/2022).
7. Concept for the development of machine-readable law technologies (approved by the Government Commission on Digital Development, the Use of Information Technologies to Improve the Quality of Life and Business Conditions, Protocol No. 31 dated September 15, 2021). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_396491/ (date of access: 20.09.2022).
8. Kuchakov R., Savelyev D. Complexity of legal acts in Russia: Lexical and syntactic quality of texts. // “Analytical notes on the problems of law enforcement. St. Petersburg: IPP EUSPb, 2018. 20 p.
9. Manukyan A. G. Interpretation of the rules of law: types, system, limits of action: dis. … cand. legal Sciences. SPb., 2006. [Electronic resource]. – Access mode: https://www.dissercat.com/content/tolkovanie-norm-prava-vidy-sistema-predely-deistviya (date of access: 17.09.2022).
10. Work has begun on the automation of law enforcement. [Electronic resource]. – Access mode: https://www.advgazeta.ru/novosti/nachalas-rabota-po-avtomatizatsii-pravoprimeneniya/ (date of access: 09/13/2022).
11. Pigolkin A. S. Interpretation of normative acts in the USSR // Vsesoyuz. in-t jurid. Sciences. – Moscow: Gosjurizdat, 1962. – 166 p.
12. Popova L. E. Interpretation of the norms of law and filling in their gaps // Law and life. – 2018. – No. 4. – P.13-19.
13. Khabrieva T. Ya., Chernogor N. N. The future of law. Legacy of V. S. Stepin and legal science. – Moscow: Russian Academy of Sciences; Institute of Legislation and Comparative Law under the Government of the Russian Federation; INFRA-M, 2021. – 176 p.
14. Shepeleva O. S., Suchkova M. A., Bogapova A. V. et al. Issues of regulation of the digital economy: Analytical report. – M.: Center for Strategic Research Foundation, 2019. – 491 p.
15. Yankovsky R., Vashkevich A., Ivanov A., Naumov V., Neznamov A., Shchekin D. Machine-readable law: the legal challenge of modernity // Law. – 2021. – No. 10. – S. 20-26.
STATE AND LAW THEORY
YUNUSOV Abdulzhabar Agabalaevich
Ph.D. in Law, professor, professor of Theory of state and law, international and European law sub-faculty of the Academy of the FPS of Russia
YUNUSOV Muslim Abdulzhabarovich
Ph.D. in Law, associate professor of Organization of financial, economic, logistics and medical support sub-faculty of the Academy of Management of the MIA of Russia
YUNUSOV Samur Abdulzhabarovich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
CORRELATION BETWEEN THE RIGHTS AND DUTIES OF A PERSON AND A CITIZEN AS A MATTER OF JUSTICE
The article deals with the issues of the correlation of the rights and duties of a person and a citizen as a matter of ensuring the principle of justice in law. Throughout its existence, society has been looking for effective mechanisms to ensure the principle of justice in the framework of its life, since justice is one of the basic fundamental foundations for the construction and qualitative development of statehood. In this regard, the authors consider the proportional balance of the rights and duties of a person and a citizen as one of the main criteria for justice in society.
Keywords: state, person, citizen, personality, rights, duties, right, legislation, provision, freedom, restrictions, justice, humanization.
References
1. Akhverdyan A.G. Justice as a result of ensuring the balance of rights and obligations // Legal Thought. – 2020. – No. 3 (119). – P. 10-15.
2. Ismailov N. O. Human rights and freedoms in the light of the concept of justice // Theory and practice of social development. – 2014. – No. 3. – P. 36-40.
3. Komarov S. A. General theory of state and law: a textbook for universities. – 9th ed., Rev. and additional – M.: Yurayt Publishing House, 2020.- 506 p.
4. Radko T.N. Theory of state and law: textbook. 2nd ed. – M.: Prospekt, 2010. – 495 p.
5. Rudakov A. A. A measure of freedom and justice in rights and obligations // In the collection: Legal problems of strengthening Russian statehood. Edited by V. F. Volovich, A. M. Barnashov, V. M. Zuev / Tomsk State University. – Tomsk, 2008. – P. 10-12.
6. Yunusov S. A. Historical and social and legal aspects of understanding the principle of justice // Man: crime and punishment. – 2011. – No. 3 (74). – P. 23-26.
7. Justice and injustice. FOM. October 6, 2020 [Electronic resource]. – Access mode: https://fom.ru/TSennosti/14469 (date of access: 04/28/2023).
HISTORY OF STATE AND LAW
BERIDZE Natella Zviadovna
magister student of the 1st course of Operation and management of real estate sub-faculty of the Irkutsk National Research Technical University
DERANZHULINA Elena Gennadjevna
senior lecturer of Theory of law, constitutional and administrative law sub-faculty of the Irkutsk National Research Technical University
LEGAL REGULATION OF COLLECTIVE HORTICULTURE AND GARDENING IN THE SOVIET PERIOD
The article considers matters of legal regulation of collective horticulture and gardening in the Soviet period, procedure for granting land plots to citizens, the authority of certain Soviet bodies in related to the allocation of land for gardening and horticulture, rights and duties of citizens in relation to the land plots granted to them.
Keywords: collective horticulture, collective gardening, horticultural partnership, Legal regulation, Soviet period.
References:
1. Decree of the Council of People’s Commissars of the USSR of 06/19/1943 “On the exemption from agricultural taxation of workers and employees on income received from land allocated for collective and individual gardens” // SP USSR. – 1943. – No. 9.
2. Law of the USSR of March 18, 1946 “On the five-year plan for the restoration and development of the national economy of the USSR for 1946 – 1950.” // Bulletin of the USSR Armed Forces. – 1946. – No. 11.
3. Decree of the Council of Ministers of the USSR of February 24, 1949 No. 807 “On the collective and individual gardening and horticulture of workers and employees”.
4. Decree of the Council of Ministers of the USSR of March 22, 1950 No. 1172 “On the collective and individual gardening of workers and employees”.
5. Decree of the Council of Ministers of the USSR of 07/03/1952 No. 2991 “On the construction of buildings in the collective gardens of enterprises, institutions and organizations in Moscow and the Moscow Region”.
6. Decree of the Council of Ministers of the RSFSR of December 16, 1955 No. 1522 “On the further development of horticulture and viticulture of workers and employees.”
7. Decree of the Council of Ministers of the RSFSR of October 15, 1956 No. 678 “On Approval of the Model Charter of the Horticultural Association of Workers and Employees.”
8. Decree of the Council of Ministers of the RSFSR of December 16, 1955 No. 1522 “On the further development of horticulture and viticulture of workers and employees.”
9. Decree of the Council of Ministers of the USSR of December 30, 1960 No. 1346 “On the individual construction of dachas” // SP USSR. – 1961. – № 1.
10. Decree of the Council of Ministers of the RSFSR, the All-Union Central Council of Trade Unions of April 12, 1965 No. 453 “On collective gardening of workers and employees” // SP RSFSR. – 1965. – № 6.
11. Decree of the Council of Ministers of the RSFSR, the All-Union Central Council of Trade Unions of March 18, 1966 No. 261 “On the collective gardening of workers and employees in the RSFSR” // SP RSFSR. – 1966. – № 8.
12. Model charter of the horticultural association of workers and employees, approved. By order of the Ministry of Communal Services of the RSFSR No. 161, the Ministry of Agriculture of the RSFSR No. 227 of May 18, 1966 // Legislation on capital construction. Issue 4. – M. – 1978.
13. Order of the Ministry of Housing and Communal Services of the RSFSR No. 308, the Ministry of Agriculture of the RSFSR No. 399 dated July 3, 1978 “On Amending the Model Charter of the Horticultural Association of Workers and Employees”; Order of the Ministry of Housing and Communal Services of the RSFSR No. 80, the Ministry of Agriculture of the RSFSR No. 104 dated 02.02.1982 “On Making Addenda to the Model Charter of the Horticultural Association of Workers and Employees”; Decree of the Council of Ministers of the RSFSR of November 11, 1985 No. 517 “On approval of the Model Charter of a horticultural partnership” // SP RSFSR. – 1986. – No. 18.; Decree of the Council of Ministers of the RSFSR of March 31, 1988 No. 112 “On approval of the Model Charter of a horticultural partnership” // SP RSFSR. – 1988. – № 10.
14. Decree of the Council of Ministers of the USSR of December 29, 1984 No. 1286 “On streamlining the organization of collective horticulture and horticulture” // SP USSR. – 1985. – № 2.
15. Decree of the USSR Council of Ministers dated May 15, 1986 No. 562 “On measures for the further development of collective horticulture and horticulture” // SP USSR. – 1986. – № 22.
16. Law of the USSR of May 26, 1988 No. 8998-XI “On cooperation in the USSR” // Bulletin of the USSR Armed Forces. – 1988. – № 22.
17. Decree of the Council of Ministers of the RSFSR dated February 22, 1991 No. 110 “On granting citizens land registrationastkov for horticulture, horticulture and animal husbandry.
HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph. D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Ufa University of Science and Technology
NEKRASOV Anton Igorevich
student of the 4th course of the Institute of Law of the Ufa University of Science and Technology
ON THE QUESTION OF FRANCE’S FOREIGN POLICY COURSE IN THE 1920S AND 1930S (PART 2)
The article deals with the main problems of the consistency of France’s foreign policy in the 1920s and 1930s. The article also investigates the role of prime ministers and foreign ministers in the decision-making process during the fundamental events of the mentioned period: The Paris Conference, The Genoa Conference, The Locarno Conference, The Four-Power Pact, bilateral and multilateral treaties in the field of security and cooperation. The results of the activities of such politicians as Georges Clemenceau, Raymond Poincare, Aristide Briand, Joseph Paul-Boncour, Louis Barthou and Pierre Laval are analyzed.
Keywords: France, foreign policy, The Treaty of Versailles, Germany, international relations, twentieth century.
References
1. Borisov A. Yu., Kleimenova N. E., Narinsky M. M., Sidorov A. Yu. History of international relations. Interwar period and World War II. In 3 volumes. – M., 2017. – V. 2. – 496 p.
2. Wormser G. La Republique de Clemenceau. – Paris, 1961. – 522 p.
3. Documents of the foreign policy of the USSR. – M., 1961. – T. 5. – 786 p.
4. White S. The Origins of Detente: The Genoa Conference and Soviet-Western relations, 1921 – 1922. – Cambridge, 1985. – 255 rubles
5. Belousova Z. S. France and European security 1929-1939. – M.: Nauka, 1976. – 418 p.
6. Gafurov B. G. Locarno Treaty between Germany, Belgium, France, Great Britain and Italy. October 16, 1925. Anthology on recent history. In 3 volumes. – M., 1960. – T. 1. – 799 p.
7. Marchenko M. N. The ideas of pan-Europeanism in the first half of the twentieth century. // Bulletin of Moscow University. Episode 11 – 2008. – № 4. – P. 4-13.
8. Soutou G.-H. La France, l’URSS et l’ère de Locarno, 1924-1929. L’URSS et l’Europe des années 20. Sous la dir. de M. Narinski, E. du Reau, G.-H. Soutou, A. Tchoubarian. – Paris: Presse de l’Universite de Paris-Sorbonne. – 2000. – P. 67-90. (in French).
9. Documents of the foreign policy of the USSR. – M., 1970. – T. XVI. – 920 p.
10. Cipher telegram from People’s Commissar for Foreign Affairs of the USSR M. M. Litvinov to the People’s Commissariat of Foreign Affairs of the USSR with the text of the Geneva Protocol on issues related to negotiations on the Eastern Pact // Presidential Library named after B. N. Yeltsin. – [Electronic resource]. – Access mode: https://www.prlib.ru/item/1296368 (date of access: 02/22/2023).
11. Documents on British Foreign Policy. – L., 1976. – Ser. 2.–V.XV. – 862 rubles
12. Gromyko A. A. History of diplomacy. – M., 1965. – T. 3. – 831 p.
13. Nesterova T. P. France and an attempt to resolve the Italo-Ethiopian conflict at the end of 1935: the Hoare-Laval plan // Scientific Dialogue. – 2020. – No. 8. – P. 398-411.
14. Kravchenko A. A. Italian aggression against Abyssinia and the Hoare-Laval plan // Bulletin of the Tambov State University. Series: Humanities. – 2010. – Issue 5. – P. 156-161.
15. Magadeev I. E. German politics in the 20s of the twentieth century in the light of the lessons of the First World War // Bulletin of MGIMO University. – 2014. – No. 4 (37). – P. 35-44.
16. Vershinin A. A. Contradictions of the collective security model: modern historiography on the evolution of the Versailles system of international relations in the 1930s. // Bulletin of MGIMO-University. – 2022. – No. 15 (2). – P. 108-140.
17. Arshintseva O. A., Glushkov A. E. Locarno, 80 years ago // Proceedings of the Altai State University. – 2005. – No. 4. – S. 7-11.
HISTORY OF STATE AND LAW
PRONINA Ekaterina Nikolaevna
senior lecturer of Theory and history of state and law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
LEGAL BASIS FOR ANTI-EPIDEMIC PREVENTIVE MEASURES IN THE RUSSIAN EMPIRE
The rapid spread of epidemics and contagious diseases in the Russian Empire in the second half of the 19th century necessitated the formation of a set of anti-epidemic measures. The community of doctors, united by the Pirogov congresses, expressed the idea that it was possible to prevent the development of an epidemic by disseminating elementary knowledge about hygiene and sanitation among the population. However, the dissemination of knowledge was opposed by the illiterate population, bound by prejudices. One of the ways to disseminate knowledge was folk readings. Graduallythe legal basis of this institution was formed.
Keywords: contagious diseases, epidemics, popular readings, anti-epidemic measures, medical talks, Rules of December 24, 1876, legal foundations of popular readings.
References
1. Great Medical Encyclopedia, 2nd ed., v. 24. – M., 1962.
2. Granan A. and I. History of Russia in the XIX century. – St. Petersburg, 1910.
3. Report of the Council of the Society for the Promotion of Primary Education in the Nizhny Novgorod Province for 1892.
4. Rules for organizing public readings in provincial cities // Complete collection of laws of the Russian Empire. – Volume 51. – No. 56762.
5. Regulations on the establishment of a publishing society under the highest approved permanent commission for the organization of public readings in St. Petersburg and its environs // Complete collection of laws of the Russian Empire. – 1882. – Volume 2. – No. 1041.
6. Proceedings of the V Congress of the Society of Russian Doctors in memory of N. I. Pirogov, published by the Board of the V Congress. T. 1. T. 2. – St. Petersburg, 1894. – P. 455.
7. Prugavin A. S. Laws and reference information on primary public education. – St. Petersburg, 1898. – 785 p.
8. Reports of the Board and commissions to the XI Pirogov Congress of Physicians. – M., 1910.
HISTORY OF STATE AND LAW
PROKHOROV Vladimir Vladimirovich
Ph.D. in historical sciences, associate professor, associate professor of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
SOURCE STUDY BASE ON THE HISTORY OF THE ORGANIZATION AND ACTIVITIES OF THE DEPARTMENT OF INTERNAL AFFAIRS OF THE CRIMEAN ASSR (1921-1925)
The article deals with the source study base on the history of the organization and activities of the internal affairs bodies of the Crimean ASSR (1921-1925). Particular attention is paid to the funds of archival institutions containing documents and materials related to the formation of the Crimean police in the first half of the 1920s. A source study analysis of published sources on the history of the development of the RCM of the peninsula is carried out. A set of departmental documents covering the reorganization of the ATS system of the autonomy, their internal structure and functions is given.
Keywords: Department of Internal Affairs, RKM, NKVD, Crimean ASSR, sources, archival funds, materials and documents, PLO, militia bodies, report, order, circular, organization and activity, RSFSR, Glavmilitsiya.
References
1. Prokhorov VV Organizational formation of the workers’ and peasants’ militia of Crimea: monograph. – K.: Telesik, 2007. – 240 p.
2. Collection of orders of the revolutionary committee of the Crimea (No. 187-325, January – April 1921). – Simferopol: B.I., 1921. – Issue. 1. – P. 8-23.
3. Report of the NKVD of the Crimean SSR to the II All-Crimean Congress of Soviets of Workers, Peasants, Red Army and Naval Deputies (November 17, 1921 – October 17, 1922). – Simferopol: B.i., 1922. – 110 p.
4. Report of the Crimean Central Executive Committee, Council of People’s Commissars, People’s Commissariats and institutions of the Crimean SSR to the III All-Crimean Congress of Soviets (October 1922 – September 1923). – Simferopol: B.I., 1923. – 417 p.
5. Revolutionary committees of the Crimea: Sat. documents and materials / Resp. ed. L. D. Solodovnik. – Simferopol: Crimea, 1968. – 241 p.
6. History of the militia of the Ukrainian SSR in documents and materials / Ed.: P. P. Mikhailenko: in 2 volumes – K., 1969. – T. 1. – 883 p.
HISTORY OF STATE AND LAW
SAIDOVA Marina Zagidovna
Ph.D. in historical sciences, associate professor, Head of General history sub-faculty of the Dagestan State Pedagogical University
THE ROLE OF THE STATE AUTHORITIES OF DAGESTAN IN THE AFTERMATH OF THE EARTHQUAKES OF 1966 AND 1970
One of the most difficult areas of activity of Dagestan state authorities in the 60-70 years of the XX century was the resettlement policy. Taking into account the fact that the mountainous regions of Dagestan have always suffered from lack of land, the Government of the republic in the 50s developed long-term plans for the gradual resettlement of residents of mountainous areas, with an emphasis on the rational use of labor in the lowland areas of the DASSR. However, in the second half of the 60-70, these plans underwent significant adjustments in connection with the devastating earthquakes of 1966 and 1970, which caused forced large-scale relocations and required enormous exertion of all the forces of the mountainous region to restore the destroyed cities and villages of Dagestan.
Keywords: state authorities, resettlement policy, earthquakes, destruction, consequences of the elements, restoration measures.
References
1. Akhmedov D., Vagabov M., Magomedov M. Dagestan, May 14, 1970 – Makhachkala, 1971. – 347 p.
2. Akhmedov J. N. An example of internationalism and friendship of peoples (to the 40th anniversary of the earthquake in Dagestan) // Bulletin of the IAE Institute. – 2010. – No. 3. – P. 155-159.
3. Sergeeva K. P. Population of Dagestan. – Makhachkala, 1973. – 84 p.
4. Traditional and new in modern life and culture of Dagestan settlers. – M.: Nauka, 1988. – 320 p.
5. CGA RD. – F-r 168. – Op.50. – D.81.
6. CGA RD. – F-r 352. – Op.25. – D.38.
7. TsGA RD. – F. -1 p. – Op. 2. – D. 3251.
CONSTITUTIONAL LAW
KURYACHAYA Marina Mikhaylovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Kuban State University, member of the Public Chamber of the city of Krasnodar
PUBLIC CONTROL IN THE ANTI-CORRUPTION COMPLIANCE SYSTEM
The organizational and legal aspects of the implementation of anti-corruption compliance in public authorities and local self-government, the expansion of the participation of citizens and civil society institutions in combating corruption, their inclusion in the anti-corruption system in the public services are considered.
Keywords: public authority, public control, anti-corruption policy, civic engagement, anti-corruption compliance.
References
1. Garmaev Yu. P., Markuntsov S. A., Ivanov E. A. Anti-corruption compliance in the Russian Federation: interdisciplinary aspects: monograph. – M.: Author, 2020. – 330 p.
2. Golovkin R. B., Manokhin V. S. Legal compliance: definition of the scope of the concept // Bulletin of the Vladimir Law Institute. – 2022. – No. 1 (62). – P. 128-132.
3. Grundel L. P. Compliance of tax instruments of deoffshorization in the conditions of international tax competition: Monograph. 3rd ed. – M.: Publishing and Trade Corporation “Dashkov and Co”, 2022. – 230 p.
4. Kuryachaya M. M. Development of civil society institutions in the political agenda of modern Russia // State and Law. – 2018. – No. 3. – S. 99-104.
CONSTITUTIONAL LAW
MAGOMEDOVA Patimat Rasulovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan state university
GADZHIMAGOMEDOV Kuramagomed Gadzhimagomedovich
magister student of Constitutional and international law sub-faculty of the Dagestan state university
ELECTORAL RIGHTS OF CITIZENS IN THE SYSTEM OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
The article addresses the issue of citizens’ electoral rights in the system of fundamental rights and freedoms. It is said that the state, recognizing and guaranteeing electoral rights, at the legislative level establishes the procedure for the exercise of these rights. It is emphasized that the Russian Federation is a democratic state and, based on universal international acts, independently enshrines the electoral model, while establishing the boundaries for the implementation of each suffrage, which can be either expanded or limited by a federal legislator in order to protect constitutionally significant values. The main conclusion is the provision according to which the Russian Federation, recognizing and guaranteeing constitutional electoral rights, thereby recognizes and guarantees the components of its authority. However, these rights are not absolute, that is, they are exercised within certain boundaries.
Keywords: citizens’ electoral rights, fundamental rights and freedoms, the Constitution of the Russian Federation, migrant workers, foreign citizens, democracy.
References
1.Avakyan S. A. Russian constitutionalism: several theses on urgent tasks // Legal world. 2015. No. 2. P. 23-30.
2. Viskulova VV The constitutional right of citizens to elect and be elected: to the conditionality and dynamism of the foundations // Constitutional and municipal law. 2015. No. 3. P. 31-38.
3. Nudnenko L. A. Principles of passive suffrage: system and interaction with constitutional rights and freedoms of the individual in Russia // Actual problems of Russian law. 2015. №
10. P. 53-58.
CONSTITUTIONAL LAW
MALTSEVA Svetlana Nikolaevna
Ph.D. in Law, Head of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
DECISIONS OF THE CONSTITUTIONAL COURT AND THE SUPREME COURT OF THE RUSSIAN FEDERATION ON THE PROVISION OF MEDICAL CARE AND THE RESPONSIBILITY OF MEDICAL STAFF
Currently, the Supreme Court of the Russian Federation must build its own legal principles on the provision of medical care and the responsibility of medical staff in order to regulate these relations in the new reality. The decisions of the Constitutional Court and the Supreme Court of the Russian Federation are binding on the entire territory of the Russian Federation; therefore, their decisions should replace the legal provisions of the ECHR. The protection of human rights becomes the subject of judicial review for Russian justice. With regard to the issue of criminal liability of medical workers, the Supreme Court of the Russian Federation proceeds from the fact that medicine should be effective, and in case of disputes between a medical organization and a patient, an objective investigation should be conducted, and the results of the investigation should be brought to the patient or his relatives.
Keywords: Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, criminal liability of medical workers, healthcare, life and health protection, convicts.
References
1. Knyazev S. D. Obligation of ECtHR judgments in the legal system of Russia (on the basis of the practice of the constitutional court of the Russian Federation) // Journal of Russian Law. – 2016. – No. 12 (240). – S. 6.
2. Review of the practice of the European Court of Human Rights. “Issues of compulsory medical intervention and non-provision of medical care” 2013-2020. – P. 21.
3. Chebotareva G. V. Criminal liability of medical workers for professional offenses: historical and legal aspects. Scientific notes of the Crimean Federal University named after V. I. Vernadsky // Legal Sciences. – 2015. – No. 1 (67). – S. 129.
4. Generalization of the legal positions of interstate bodies for the protection of human rights and freedoms and special rapporteurs (working groups) operating within the framework of the UN Human Rights Council on the issue of protecting the right of a person to health care. – M. 2019. – S. 16.
5. Dedov D. I., Gadzhiev Kh. I. Commentary on the decision of the Grand Chamber of the European Court of Human Rights of September 15, 2021 on the request for an advisory opinion in accordance with Article 29 of the Convention for the Protection of Human Rights and Dignity in connection with using the achievements of biology and medicine // Journal of Foreign Legislation and Comparative Law. – 2022. – T. 18. No. 1. – S. 70-79.
ADMINISTRATIVE LAW
ABDULAZIZOVA Patimat Hasanova
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the North Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
GADZHIEVA Khalisat Valerjevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the North Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
LOCAL SELF-GOVERNMENT IN THE LIGHT OF CONSTITUTIONAL REFORM IN THE RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS
The article examines the constitutional model of local self-government updated in accordance with the amendments to the Constitution of the Russian Federation adopted in 2020, analyzes the problems of innovations, prospects for their application in practice. Attention is drawn to the addition of Part 3 of Article 132 of the Constitution of the Russian Federation. It is stated that new trends in Russian legislation largely erode the autonomy of local self-government. The study resulted in the conclusions that the amendments made to the Basic Law are aimed at centralization of the vertical of power, even deeper integration of local self-government into the structure of public administration.
Keywords: constitutional reform, local self-government, public authority, President.
References
1. Bobrova N.A. Stages of reforming the Russian constitution: will there be no fifth round? // Legal Bulletin of DSU. – T. 38. – 2021. – No. 2. – S. 34-38.
2. Galkin D. V. The constitutional reform of 2020 and local self-government: problems and prospects // Issues of Russian justice. – 2021. – No. 16. – P. 115-122.
3. Ilchenko A. G., Mizeriy A. I. Some aspects of the interaction of local governments with public authorities in the light of the constitutional reform of 2020 // The Constitution of Russia and the development of legislation: a collection of materials of the III All-Russian scientific and practical conference. – Nizhny Novgorod, 2022. – P. 102-109.
4. Municipal law of Russia: textbook / Ed. ed. S. A. Avakyan. – Moscow: Prospect, 2020. – 656 p.
5. Murashkintseva A. N. Local self-government as an element of the mechanism of the state in the light of the constitutional reform of 2020 // Problems and prospects for the development of local self-government in the Russian Federation and foreign countries: a collection of materials of the All-Russian Conference with International Participation / Ed. L. T. Chikhladze, E. Yu. Komleva. – Moscow, 2022. – S. 93-98.
6. Nekrasov S. I. The concept of combining local self-government and local government in the light of the constitutional reform of 2020 // Ural Forum of Constitutionalists. materials of the seventh Ural Forum of constitutionalists. – Yekaterinburg, 2022. – P. 123-132.
7. Stepanov M. M. Local self-government in the context of the constitutional reform of 2020 // Actual problems of Russian law. – 2021. – T. 16. No. 5 (126). – P. 35-41.
8. Polyakova N. G. To the question of the organizational independence of local governments // Bulletin of the Donetsk National University. Ser.: Juridical sciences. – 2020. – No. 3. – P. 57-64.
9. Usmanova R. M. Local self-government in the system of public authority // Development of law and the state in the light of the constitutional reform: a collection of scientific works of scientific, practical and methodological seminars of the law faculty of the Sterlitamak branch of BashGU / Ed. ed. R. M. Usmanova. – Sterlitamak, 2022. – P. 57-59.
10. Khubaeva D. F. Local self-government in the light of the constitutional reform of 2020 // Essays on the latest cameralistics. – 2021. – No. 2. – P. 54-58.
11. Chikhladze L. T., Babaeva Yu. G. Rational integration as an important trend in the development of local self-government in the Russian Federation in the light of the constitutional reform of 2020 // Ural Forum of Constitutionalists: Materials of the Seventh Ural Forum of Constitutionalists. – Yekaterinburg, 2022. – P. 140-149.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MURATOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
IMPROPER MANAGEMENT AS A PREREQUISITE FOR AN ADMINISTRATIVE CONFLICT AND THE BASIS FOR AN ADMINISTRATIVE DISPUTE
The presented research is a deep and complex form summarizing the results of the study of Anglo-Saxon administrative justice obtained over 5 years. This article described focuses on the distinctive features of the institute, as well as the problematic aspects of its individual parts. The authors illustrate the most characteristic examples from judicial practice, as well as consider legal doctrines and current laws for a more nuanced understanding of the nuances of the Anglo-Saxon legal system.
Keywords: Anglo-Saxon legal family, administrative justice, administrative tribunals, judicial control over public administration, principles of public administration, improper management.
References
1. Common R. Organizational Learning in a Political Environment // Policy Studies. – No. 25. – 2004. – R. 35, 37.
2. Diane Longley and Rhoda James. Administrative justice: central issues in UK and European administrative law. Faculty of Law, The University of Sheffield – R. 4.
ADMINISTRATIVE LAW
KULAKOV Nikolay Andreevich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the St. Petersburg University of the MIA of Russia
TEMNIKOV Alexey Yurjevich
Ph.D. in Law, associate professor, associate professor of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ERMOLAEV Vyacheslav Gennadjevich
associate professor of administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
SOME PROBLEMS IN IMPLEMENTING THE ADMINISTRATIVE AND LEGAL STATUS OF A STATE CIVIL SERVANT
The article considers the administrative and legal status of a civil servant, as well as the problems of implementing its individual elements. In particular, the attention of the authors is focused on the legislative regulation of health insurance for public civil servants. According to the results of the study, the authors come to the conclusion that it is necessary to adopt a separate federal law regulating the unified legal, organizational and economic foundations of health insurance for state civil servants of the Russian Federation and their families. p> Keywords: official right, public service, public civil service, legal guarantees, administrative and legal status.
References
1. Averyanova M. I., Gusev A. Yu. Social security of state civil servants in the form of insurance // Administrative and municipal law. 2020. No. 4. P. 25-31.
2. Aibatulina A. K. On the status of a family member of a civil servant in resolving the issue of a one-time social payment for the acquisition or construction of housing by civil servants and members of their families // Modern Law. 2018. No. 7-8. pp. 45-52.
3. Zelentsov A. B. Borders and structure of the subject of administrative law in modern Russia: debatable issues // Administrative law and process. 2020. No. 9. P. 19-254; Starilov Yu. N. Requirements of the rule of law – an appropriate basis for the formation of the paradigm of Russian administrative law // Administrative law and process. 2021. No. 2. P. 42-45.
4. Nikiforova N. N. Legislative novelties on pensions for state civil servants: a critical analysis of a number of provisions // Social and pension law. 2018. No. 1. P. 38-46.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MURATOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
INDIVIDUAL ELEMENTS OF THE ADMINISTRATIVE JUSTICE SYSTEM ON THE EXAMPLE OF ANGLO-SAXON COUNTRIES
The presented study is a deeper and more complex form, summarizing the results of the work obtained over 5 years of studying the Anglo-Saxon administrative justice. This article focuses on the distinctive and characteristic features of the described institute, as well as the problematic aspects of its individual parts. The author has illustrated the most characteristic examples from judicial practice, as well as studied the current laws and legal doctrines for a more nuanced understanding of the nuances of this legal system.
Keywords: administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration, parliamentary investigations, ombudsman, ultra vires.
References
1. Seneviratne M. Ombudsmen in the Public Sector. (1994). Buckingham: Open University.
2. McKechnie S. The future of ombudsmen. (1995). 5 (6). Consumer Policy Rev. 213.
3. Carboni N. (2014) From quality to access to justice: improving the functioning of European judicial systems // Journal of Civil & Legal Sciences 3. 1-9.
4. Creutzfeldt N. (2016) What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK // International Journal of Law in Context 12. P. 437-452.
5. Sandefur R. L. (2009) Fulcrum point of equal access to justice: legal and nonlegal institutions of remedy // Loyola of Los Angeles Law Review 42. P. 949-978.
6. James R. and Seneviratne M. The Legal Services Ombudsman: form versus function?’ (1995) 58. MLR 187.
7. Wade H. W. R. & Forsyth C. F. Administrative Law. 9th ed. Oxford University Press, 2004.
8. Philips Jackson and Leopold. P. 886.
9. Craig P. P. Ultra vires and the foundations of judicial review. (1998). 57. CLJ 63.
10. Cumper Peter & with Walter Terry. Constitutional & administrative law. Oxford University Press, 2001. P. 291.
11. Richardson G. and Sunkin M. Judicial review: questions of impact [1996]. PL 79.
ADMINISTRATIVE PROCESS
KERAMOVA Saida Nazirovna
senior lecturer in Administrative and financial law sub-faculty of the Dagestan State University
TEMIRBOLATOV Biymagomed Magomedsaidovich
magister student of Administrative, financial and customs law sub-faculty of the Dagestan State University
SOME PROBLEMS OF THE ORGANIZATION OF THE ADMINISTRATIVE PROCESS IN THE RUSSIAN FEDERATION
The article examines a number of problems of the organization of the administrative process in Russia, characterizes its structure, reveals the concept and main features. The relevance of the topic of the article is due to the fact that in Russia the question of choosing a scientifically based model of the administrative process is topical. The administrative process in this article is considered as a key task of regulating administrative legal relations, the basic principles, directions and procedure of administrative proceedings are determined. The result of the study is the conclusions about the need to adopt an administrative procedure code in the Russian Federation, which would reflect the general provisions on the procedure for reviewing and resolving management procedures in all areas of public administration, which will contribute to improving the efficiency of public administration.
Keywords: administrative process, administrative and procedural activity, public administration, administrative offense, administrative procedural law, administrative cases, administrative courts, law, Constitution, state bodies.
References
1. Actual problems of administrative law and process: a textbook for masters / Ed. M. V. Kostennikov, A. V. Kurakin, A. M. Kononov, N. D. Eriashvili. 3rd ed. – M.: UNITY-DANA, 2019.
2. Gaeva E. T. Administrative process: concept, types, principles // NovaUm.Ru. – 2019. – No. 18. – P. 236-240.
3. Kozko Yu. V. To the question of the conceptual and categorical characteristics of the main types of administrative process // Trends in the development of science and education. – 2022. – No. 91-3. – P. 107-110.
4. Musaeva G. M. Some problems of the administrative and procedural process // Legal Bulletin of the Dagestan State University. – 2022. – T. 41. No. 1. – S. 55-59.
5. Popov LL Key problems of the administrative process // Bulletin of the Voronezh State University. Series: Law. – 2016. – No. 4 (27). – S. 171-185.
6. Poryvaev S. A. Proceedings to resolve judicial and out-of-court administrative disputes as components of the administrative process // Siberian Legal Review. – 2021. – T. 18. No. 3. – P. 350-358.
7. Samusevich A. G. Indefinite terms in the administrative process: problems of implementation // Prologue: Journal of Law. – 2022. – No. 2 (34). – S. 40-47.
8. Solovey Yu. P. Modern problems of building the Russian model of the administrative process: a review of the All-Russian scientific and practical conference // Siberian Legal Review. – 2021. – T. 18. No. 2. – S. 110-127.
9. Soloshenko A. V., Nazarenko N. A. The importance of the principles of administrative proceedings in the development of the administrative process in the Russian Federation // Scientific research of the XXI century. – 2021. – No. 6 (14). – S. 225-228.
10. Starilov Yu. N. Administrative process in the works of Professor V. D. Sorokin: “management concept” and its significance for the science of administrative law // Administrative law and process. – 2015. – No. 1. – S. 19-23.
11. Stakhov A. I. Integrative theory of the administrative process – the only true basis for building a model of the administrative process // Siberian Legal Review. – 2021. – T. 18. No. 3. – S. 313-327.
12. Spiridonov P. E. Administrative procedural form and stages as elements of the characteristics of the administrative process // Siberian Legal Review. – 2021. – T. 18. No. 3. – S. 301-312.
ADMINISTRATIVE PROCESS
MARDIEVA Elmira Radmirovna
Ph.D. in philological sciences, associate professor of Legal disciplines sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology
PROBLEMS OF USING ELECTRONIC EVIDENCE IN PROCEDURAL LAW
The author of the article notes the debatability of the issue of the use of electronic evidence in legal doctrine and in practice. Attention is drawn to the fact that at the legislative level it is not clearly defined in what forms the participants in the trial should provide electronic sources of information for attaching to the case materials as evidence. The scope of such evidence requires elaboration in various types of processes. Some solutions are proposed for regulatinginnovations, legally securing the status of electronic evidence and substantiating the possibility of their application in procedural proceedings in the Russian Federation.
Keywords: electronic evidence, assessment of evidence, admissibility and reliability of evidence, digitalization of procedural proceedings, judge, expert.
References
1. Samsonova M. V., Streltsova E. G., Chaikina A. V. et al. Digital technologies in civil and administrative proceedings: practice, analytics, perspectives. – M., 2022. – 332 p. // SPS “ConsultantPlus”. VersionProf. – M., 2023. Electron. text. Dan.
2. Politsan D. A. Digital and electronic evidence – PRO ET CONTRA: problems of terminology // Russian judge. – 2022. – No. 7 // SPS “ConsultantPlus”. VersionProf. – M., 2023. Electron. text. given.
CIVIL LAW
ALSYNBAYEVA Elvira Makhamatovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
GALYAUTDINOVA Liliya Yurjevna
senior lecturer of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
INSTITUTE OF INHERITANCE AGREEMENT IN RUSSIA AS A NOVEL IN THE REALISATION OF INHERITANCE RELATIONS
In the article, the author considers the features of the development of the institution of an inheritance agreement in the domestic legal field. It has been established that the introduction of an inheritance agreement in the Civil Code of the Russian Federation is an ambiguous innovation in the reform of inheritance legislation.
The peculiarities of the legal regulation of the domestic inheritance agreement have been determined, distinguishing it from the foreign model of such an agreement.
It was concluded that the inheritance agreement is still not widespread in domestic inheritance legal relations due to its insufficient elaboration by the legislator.
Keywords: Inheritance, inheritance agreement, terms of the agreement, rights of heirs, rights of heirs.
References
1. Varaksin M. New amendments to the Civil Code: inheritance contract and joint will. 2018. – [Electronic resource]. – Access mode: https://pravo.ru/news/202164/ (date of access: 30.04.2023).
2. Budylin S. L., Petrov E. Yu. Inheritance law: article-by-article commentary on articles 1110–1185, 1224 of the Civil Code of the Russian Federation / Otv. ed. E. Yu. Petrov. – M.: Statut, 2018. – 510 p.
3. Meyer D. I. Russian civil law (in 2 hours). According to the corrected and supplemented 8th ed., 1902. Ed. 3rd, rev. – M.: Statute, 2003. – 831 p.
4. Shershenevich G. F. Textbook of Russian civil law (according to editions of 1912 and 1914 – 1915): in 2 volumes. Volume 1: textbook. – M.: Statute, 2021. – 838 p.
5. Serebrovsky V. I. Selected works on inheritance and insurance law. Ed. 2nd, rev. – M.: Statut, 2003. – S. 48-49.
6. Loginova K. Yu. Inheritance contract – legal mechanisms of application in the current legislation of the Russian Federation // Inheritance law. – 2019. – No. 1. – P. 12-15.
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
THE PROBLEM OF SELLING BIOLOGICAL MATERIAL AND DETERMINING ITS STATUS AS AN OBJECT OF CIVIL LAW RELATIONS
The article deals with the problems related to the issues of human reproductive function and the use of assisted reproductive technologies based on the use of biological material. The concept of ART itself is given, taking into account the norms of civil and family legislation and services for its application, and the classification of biological material used and acquired for the realization of the right of citizens to obtain a result is also considered. The study determines the position of the material used as a commodity and examines its legal characteristics when selling under contracts used in the practice of medical clinics treating infertility.
Keywords: civil legislation, family legislation, biological material, donation, healthcare legislation.
References
1. An epidemic of infertility has begun in the world: does it threaten the Russians. [Electronic resourceWith]. – Access mode: https://www.kp.ru/daily/27490.5/4749162/. (date of access: 05/04/2023).
2. Ananyeva E. O., Abovyan E. P. Maternal capital: problems of legislative regulation and registration // Bulletin of the penal system. – 2021. – No. 3 (226). – P. 58-64.
3. Kagirova S. D. Human biomaterial as an object of civil rights // Studies of young scientists: materials of the XXX Intern. scientific conf. (Kazan, January 2022). – Kazan: Young scientist, 2022. – S. 29-33.
4. Vasiliev G. S. Human biomaterial as an object of law. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/chelovecheskiy-biomaterial-kak-obekt-prava?ysclid=libf0q4f53401180853 (Accessed: 05/04/2023).
5. How much does it cost to donate sperm – the price of the issue. – [Electronic resource]. – Access mode: https://vse-dengy.ru/donor-spermyi.html (date of access: 05/04/2023).
6. Ananyeva E. O., Ivliev P. V. Problematic issues of the development of commercial health care in conditions of restrictions and social risks // Man: crime and punishment. – 2022. – T. 30. – No. 2. – S. 171-182.
CIVIL LAW
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Training of State and Municipal Employees of the Academy of the FPS of Russia
PROBLEMS OF PROTECTION OF RIGHTS TO TRADEMARKS AND SERVICE MARKS: DOMESTIC AND FOREIGN EXPERIENCE
Questions concerning the problematic aspects of the protection of exclusive rights to means of individualization are traditionally relevant and debatable for the Russian legal reality. Any illegal use of the objects in question causes significant harm to their copyright holder. The article discusses the modern practice of protecting the rights to a trademark and service mark from the standpoint of Russian and foreign legal order, the importance of ensuring effective protection of a trademark and service mark in the context of the development of the modern market for goods and services is updated. The main problems and shortcomings in the current civil legislation in the field of protection of the above means of individualization are analyzed and proposals are made to solve them.
Keywords: trademark, service mark, copyright holder, violations, protection of rights, problems.
Reference list
1. Ainullin R. R. Cross-border agreement on the alienation of the exclusive right of the author // Young scientist. – 2020. – No. 25 (315). – P. 224-227.
2. Bogdanova O. V. Protection of intellectual copyrights by civil law methods: Monograph. – M., 2017. – 212 p.
3. Decision of the SIP of the Russian Federation dated May 24, 2018 in case No. A40-208600/2016; Resolution of the SIP of the Russian Federation dated April 24, 2018 in case No. А75-9720/2017// Consultant Plus SPS (date of access: May 13, 2023).
List of bibliographic references
1. Ainullin R. R. Cross-border agreement on the alienation of the exclusive right of the author // Young scientist. – 2020. – No. 25 (315). – P. 224-227.
2. Bogdanova O.V. Protection of intellectual copyrights by civil law methods: Monograph. – M., 2017. – 212 p.
3. Decision of the SIP of the Russian Federation dated May 24, 2018 in case No. A40-208600/2016; Resolution of the SIP of the Russian Federation dated April 24, 2018 in case No. A75-9720 / 2017 // Consultant Plus SPS (date of access: May 13, 2023).
CIVIL LAW
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
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
PROSPECTS FOR THE USE OF THE CORPORATE PENSION SYSTEM IN MODERN RUSSIA
This article discusses the objective need to reform the domestic pension system. It is the corporate tools for improving the Russian pension system that are being analyzed. The objective advantages of the corporate pension system, as well as the obstacles to its large-scale application in Russian reality, are touched upon. The main features of the corporate pension system and its scheme are also analyzed. The experience of foreign countries is analyzed from the point of view of its borrowing in the Russian Federation.
Keywords: financial institutions, corporate pension system, employee, employer, wages, investments, non-state pension fund, retirement age, financial stability, contributors.
References
1. Shunina O. A., Nechaeva V. L., Makarov D. N. Corporate pension provision: problems of implementation and benefits for organizations // Pension Fund: experience, traditions, innovations, article in conference proceedings. 2015. P. 117-120.
2. Koinova S. V. Prospects for the development of the pension system of the Russian Federation until 2030 // Priority directions for the development of education and science, an article in the conference proceedings. 2017. P. 346-348.
CIVIL LAW
KIRILOVA Nadezhda Andreevna
Ph.D. in Law, associate professor, Head of Administrative, financial and corporate law sub-faculty of the Novosibirsk State University of Economics and Management
OPPORTUNITIES AND RISKS OF USE OF DIGITAL TECHNOLOGIES IN CONTRACT WORK
The article discusses the possibilities of using digital technologies in the contractual work of entrepreneurs, the stages of the development of contractual relations and the specifics of the tasks facing the law at each stage of the development of contractual relations. On the example of the materials of judicial practice, the difficulties and risks of using digital technologies for the execution of contractual obligations are considered, as well as possible ways of minimizing them are revealed.
Keywords: contract, conclusion and execution of the contract, smart contract; remote conclusion of the contract, judicial protection.
References
1. Zainutdinova E. V. Smart contract in civil law: Diss. …cand. legal Sciences. Novosibirsk, 2022. 238 p.
2. Savelyev A. I. Contract law 2.0: “smart” contracts as the beginning of the end of classical contract law // Bulletin of civil law. 2016. No. 3. P. 32-60.
3. Rozhkova M. A. Digital rights: public law concept and concept in Russian civil law // Economy and law. 2020. No. 10. P. 3-13.
4. Filippova S. Yu. The use of information technology in the conclusion of trade agreements and the fulfillment of obligations from them // Digital Law Journal. 2022. No. 3. Volume 3. [Electronic resource]. – Access mode: https://www.digitallawjournal.org/jour/article/view/117?locale=ru_RU
5. Karapetov A. V. Economic analysis of law. M.: Statut, 2016. 528 p.
6. Kamalyan V. M. Technological and legal aspects of a smart contract // Bulletin of the University named after O. E. Kutafin. 2020. No. 4. P. 150.
7. Kharebov O. F. Legal regulation of smart contracts // Power of Law. 2019. No. 3 (39). pp. 248-249.
8. Richard Austen-Baker, Qi Zhou. Understanding Contract Law. Routledge: London and New York, 2023. P. 157.
CIVIL LAW
KOMAREVСEVA Irina Alexeevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University
STEPANISCHEVA Anastasia Romanovna
student of the Institute of Law of the North Caucasus Federal University
GROUNDS FOR INHERITANCE IN RUSSIAN AND FOREIGN LAW: TRENDS IN LEGAL REGULATION
The article deals with the formation and development trends of the legal regulation of the grounds of inheritance in Russia and foreign countries. It is emphasized that historically the first was inheritance by law. The authors come to the conclusion that at various historical stages in the development of Russian inheritance law, the legislative approach assumed the separation of inheritance by will and inheritance by law, which was also characteristic of Roman law. As a result, the thesis is substantiated that the introduction of the structure of the inheritance contract into the domestic legal order goes beyond the framework of the Russian legal tradition.
Keywords: inheritance law, grounds for inheritance, Roman law, inheritance contract.
References
1. Abramenkov M.S. Inheritance by law and by will in Roman private law // Inheritance law. – 2014. – No. 3. – P. 7-12.
2. Vinaver M. M. Donation and testament (a page from the history of codification) // Bulletin of Civil Law. – 2014. – No. 5. – P. 174-195.
3. Gushchin V. V., Dobrovinskaya A. V. Legal structure of the hereditary contract in Russia: pluses and minuses // Inheritance law. – 2016. – № 4. – P. 9-12.
4. Efremov V. A. To the question of the formation of the institution of hereditary legal relations in the monuments of Russian law (historical and legal analysis). Pre-revolutionary period // History of state and law. – 2011. – № 15. – S. 19-22.
5. Kantorovich Ya. main ideas of civil law. – M.: Book on demand, 2015.
6. Loginova K. Yu. Inheritance contract – legal mechanisms of application in the current legislation of the Russian Federation // Inheritance law. – 2019. – No. 1. – P. 12-15.
7. Mitkevich A. On the form of wills. Historical and legal essay. Tiflis. b/d
8. Mukhin D. O. To the question of the discretion of the parties to the contract in determining the consequences of the onset of the death of an individual // Leningrad Legal Journal. – 2016. – No. 3. – P. 69-79.
9. Pokrovsky I. A. Main problems of civil law. M.: Statut, 1998.
10. Sanfilippo Ch. The course of Roman private law: a textbook. M., 2007.
11. Sidorova V. N., Bein A. K. Inheritance contract: legal and factual problems // Notary. – 2015. – № 4. – S. 28-30.
12. Slobodyan S. A. Inheritance law of Kievan Rus // Inheritance law. – 2009. – No. 4. – S. 3-7.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Training of State and Municipal Employees of the Academy of the FPS of Russia
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
MECHANISM FOR THE USE OF TRADEMARKS, SERVICE MARKS
The possession of the right to a trademark and service mark is associated with the possibility of their use in the framework of the entrepreneurial activity of the right holder. The mechanism for the use of trademarks and service marks implies a complex of multidirectional actions provided for by law, in the process of which the right holder derives various benefits of a tangible and intangible nature. The article discusses the modern practice of using trademarks and service marks, explores the relationship between the use of the considered means of individualization with the possibility of making a profit, studies the ways of using trademarks and service marks in the context of their alienation and disposal , analyzes the features inherent in each of the possible ways of using.
Keywords: trademark, service mark, copyright holder, use, disposal, alienation.
Reference list
1. Danilov D. B. On the question of how to protect the interests of trademark holders // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (50). – S. 96-99.
2. Kuzmin K.A. Features of the alienation of the exclusive right to a trademark // International Journal of the Humanities and Natural Sciences. – 2022. – No. 5-3. – S. 84-87.
3. Lavrinovich L.D. The procedure for granting legal protection to trademarks in foreign countries. Features of the opposition procedure // Education and law. – 2019. – No. 12. – P. 235-240.
List of bibliographic references
1.Danilov D.B. To the question of ways to protect the interests of trademark holders // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – no. 2 (50). – P. 96-99.
2. Kuzmin K.A. Features of the alienation of the exclusive right to a trademark // International Journal of the Humanities and Natural Sciences. – 2022. – No. 5-3. – P. 84-87.
3. Lavrinovich L.D. The procedure for granting legal protection to trademarks in foreign countries. Features of the opposition procedure // Education and law. – 2019. – No. 12. – P. 235-240.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd course of bachelor 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 course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ADVERTISING AND LAW: INTERRELATION AND LEGAL ASPECTS OF ADVERTISING ACTIVITY
In the article, the authors define the close relationship between advertising and the law, since the legislation defines the rules and restrictions of advertising activities that advertisers must comply with. Violation of the law can lead to negative consequences, including liability to consumers and the state. Therefore, it is important for advertisers, marketers and other advertising professionals to take into account the legal aspects of advertising activities in order to avoid undesirable consequences.
Keywords: advertising, legislation, advertising, rules, consumer.
References
1. Dyakova M. V. Manipulative characterer impact of advertising and consumer protection mechanisms // Bulletin of the Kostroma State University. – 2008. – № 4.
2. Karyagina A.V. Advertising activity in Russian statehood: historical and legal aspects // Yurist-Pravoved. – 2009.
3. Zhideleva O. S., Belyaev N. A. Marketing of legal services // Problems of science. – 2018. – No. 1 (25).
4. Kobersy I. S, Karyagina A. V, Karyagina O. V. [and others] Law as a Social Regulator of Advertisement and Advertising Activity in the Modern Russian Information Space // Mediterranean Journal of Social Sciences. – 2015. – No. 6 (3).
CIVIL LAW
NAZAROVA Nadezhda Alexandrovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the N. I. Lobachevsky National Research Nizhniy Novgorod State University
EVTEEVA Ksenya Alexandrovna
student of the Faculty of Law of the N. I. Lobachevsky National Research Nizhniy Novgorod State University
SEKHINA Alyona Alexandrovna
student of the Faculty of Law of the N. I. Lobachevsky National Research Nizhniy Novgorod State University
TIME OF MEDICAL SERVICE PROVISION
The authors of the scientific article touch upon the topic of the value of health in the modern world. Often the right of a working person to medical care and health protection is violated. The Labor Code of the Russian Federation does not provide for the time at which they can visit medical organizations without harm to their financial situation and work process. Of course, employees have the opportunity to visit medical institutions under a paid service agreement, but such an opportunity infringes on the financial condition of working citizens. To eliminate this problem, the authors propose to make certain changes to the Labor Code of the Russian Federation.
Keywords: medical service, the right to health care, the time of provision of medical care, chronic diseases, contract for the provision of services.
References
1. Back pain. [Electronic resource]. – Access mode: https://www.sechenov.ru/univers/structure/institute/institut-klinicheskoy-meditsiny/kafedry-klinicheskoy-mediciny-im-Sklificovskoro/nerv/Boli_v_spine/
2. State budgetary healthcare institution of the Nizhny Novgorod region “City polyclinic No. 35 of the Soviet district of Nizhny Novgorod”. [Electronic resource]. – Access mode: https://gp35.mznn.ru/
3. “Civil Code of the Russian Federation (Part Two)” No. 14-FZ dated January 26, 1996 (as amended on July 1, 2021, as amended on July 8, 2021) (as amended and supplemented, effective from January 1 .2022) // SPS ConsultantPlus.
4. Diagnosis of HIV infection. [Electronic resource]. – Access mode: https://aids43.ru/diagnostika-i-lechenie-vich/
5. “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) // ATP ConsultantPlus;
6. Network of medical clinics “Tonus”. [Electronic resource]. – Access mode: https://www.tonus.nnov.ru/?ysclid=lh0om0tf2267090102.
7. “Labor Code of the Russian Federation” No. 197-FZ dated December 30, 2001 (as amended on December 19, 2022, as amended on April 11, 2023) (as amended and supplemented, effective from March 1, 2023) / / SPS ConsultantPlus.
8. Federal Law No. 323-FZ of November 21, 2011 (as amended on December 28, 2022) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (as amended and supplemented, effective from March 1, 2023) // ATP ConsultantPlus.
9. Chronic venous insufficiency. [Electronic resource]. – Access mode: https://sechenovclinic.ru/treatments/detail.php?SECTION_ID=&ELEMENT_ID=2574.
CIVIL LAW
MIGACHEVA Anna Yurjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Kuban State University
SOKOLOV Maxim Valerjevich
postgraduate student of Civil law sub-faculty of the Kuban State University
INSTITUTE OF GIFT CANCELLATION IN CIVIL LAW: PROBLEM STATEMENT
The article is devoted to the poorly studied institution of gift cancellation. It is shown that despite its ancient history and traditional consolidation in domestic and foreign legislation, in judicial practice, the requirements for the cancellation of the donation are not often satisfied. The authors substantiate that the complexity of the application of the rules on the cancellation of donation is associated with a lack of understanding of the conceptual idea of the cancellation of donation, which lies in the interaction of law and morality, as well as the nature of gratuitous transactions in civil law.
Keywords: gratuitous transactions, donation agreement, cancellation of donation, non-property interest.
References
1. Novitsky I. B. Roman law: a textbook for universities. – M .: Yurait Publishing House, 2023. – 298 p.
2. Shershenevich G. F. Textbook of Russian civil law: (according to editions of 1912 and 1914-1915): in 2 vols. T. 2. – M .: Statut, 2021.
3. German Civil Code of 08/18/1896 // Civil Code of Germany: Introductory Law to the Civil Code. – M.: Infotropic Media, 2015.
4. Civil Code of Spain [Text]: annotated translation / trans. in Russian lang., rev. and comments: D. V. Shornikov. – Irkutsk: ISU Publishing House, 2015.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, Leningrad regional lawyer association, Law firm “Pelevin and partners”
LEGAL HISTORY IN DISPUTES ARISING FROM CONTRACTS FOR THE REIMBURSABLE PROVISION OF MEDICAL SERVICES UNDER THE “PLASTIC SURGERY” PROFILE
The article is dedicated to the current problem of regulating the activities of organizations providing medical services and consumers (patients) of medical services. The subject area of the study is formulated by the author quite narrowly and affects those issues that relate to the factors and approaches to establishing the statute of limitations for disputes arising from contracts for the reimbursable provision of medical services. An abstract review of sources indicates that current authors do not pay sufficient attention to this aspect. This is due to the fact that Russian legislation does not provide a clear definition. The very sphere of plastic surgery, its specifics and features, do not make it possible to unequivocally formulate and describe the legal mechanism for resolving the problem. In this regard, the author operates not only with scientific and theoretical approaches within the framework of legal science, but also with the assessments of the expert medical community. The theoretical results of the study can be further used to develop this subject area.
Keywords: plastic surgery, patients, medical services, legal history, contracts of reimbursable provision of services, consumer rights
References
1. Buromsky I. V., Ermakova Yu. V., Sidorenko E. S. Legal regulation of the professional activity of a doctor in the specialty “plastic surgery” // Medical business. 2022. No. 1. P. 96-100.
2. Vilgonenko I. M., Gagieva N. R., Belokopytova N. Yu. Features of compensation for harm caused by improper provision of medical services // Bulletin of the Volga University named after V. N. Tatishchev. 2018. No. 4. Vol. 2. P. 119-126.
3. Gallyautdinova G. I., Masalimova A. A. Problems of legal regulation of the provision of medical services in the Russian Federation // International Journal of the Humanities and Natural Sciences. 2023. No. 1-1 (76). pp. 124-128.
4. Zimin D. A., Menshikova L. I., Klyukinov V. E. Problematic issues of organizing the provision of medical care in the specialty “plastic surgery” in the context of changed legal regulation // Scientific and practical peer-reviewed journal “Modern problems of healthcare and medical statistics “. 2021. No. 1. P. 518-534.
5. Makarevich M. L., Dumkina A. A., Khimicheva A. I. Separate problems of protecting the rights of consumers in the provision of medical services // Innovative economy: prospects for development and improvement. 2017. No. 6 (24). pp. 62-66.
6. Matytsin D. E., Plaksunova T. A. The content of the contract for the provision of paid medical services: theoretical and applied analysis // Legal Concept = Legal paradigm. – 2020. V. 19. No. 4. S. 89-99. – DOI: https://doi.org/10.15688/lc.jvolsu.2020.4.12
7. Mograbyan A. S. Actual problems in the provision of cosmetology services: private law aspect // Lex Russia. 2018. No. 10. P. 58-69.
8. Plotnikova A. V. The concept and legal characteristics of the contract for the provision of medical services for compensation // Scientific and methodological electronic journal “Concept”. – 2019. – No. 1 (January). – 0.3 p. l. – [Electronic resource]. – Access mode: http://e-koncept.ru/2019/193005.htm
9. Kharlamov A. V., Sibgatullin A. E. Institutional changes that provide an innovative direction in the development of the economic system. Bulletin of the St. Petersburg State University of Economics. 2021. No. 4 (130). pp. 21-26.
10. Shevchuk E.P. The procedure for fulfilling the obligation to compensate for harm to the health of a citizen caused by the provision of medical services // Siberian Legal Bulletin. 2019. No. 1 (84). pp. 53-57
CIVIL LAW
USOVA Ekaterina Vladimirovna
Ph.D. in political science, associate professor of International law sub-faculty of the V. N. Tatishchev Astrakhan State University
IVANOVA Ludmila Alexandrovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Astrakhan State Technical University
LEGAL PROTECTION OF INDIVIDUAL BRAND COMPONENTS
The article considers the legal foundations of civil legislation on the protection of intellectual property objects. It is established that the concept of “brand”, actively used in modern reality, is not a legal term and has not received legislative consolidation. It is noted that the brand as a complex phenomenon contains some elements protected by modern civil law. The article examines the materials of judicial practice on the protection of trademarks, the name of the place of origin of goods as elements of the brand and regional brand, respectively. The impossibility of legal regulation of the concept of “brand”, which carries an emotional perception, has been established.
Keywords: exclusive right, brand, individualization, trademark, logo, regional brand, name of the place of origin of the goods.
References
1. Dichtl E., Hershgen H. Practical marketing: textbook. allowance / Per. with him. A. M. Makarova / Under. ed. I. S. Minko. – M.: Higher School, 1995.
2. Karpova S. V., Zakharenko I. K. Branding: a textbook and workshop for an applied bachelor’s degree. – M .: Yurait Publishing House, 2021. – 439 p.
3. Klinova A. V. Logotype and its main functions // Central Scientific Bulletin. – 2019. – T. 4. – No. 6 (71). – P.21-22.
4. Osipova E. A. Integration of advertising, public relations and design in modern brand communications // Advertising, PR and design in brand communications: a collection of scientific papers of the International Scientific and Practical Conference. May 16-17, 2022. – M .: FGBOU VO “PREU named after. G. V. Plekhanov”, 2022. – P. 6-10.
5. Serova O. A. Regional brands in the economic development of Russian regions // Branding as a communication technology of the XXXI century: materials of the IX International Scientific and Practical Conference. Saint Petersburg. February 27 – March 2, 2023 / Ed. prof. A. D. Krivonosov. – St. Petersburg: Publishing House of St. Petersburg State University of Economics, 2023. – P. 49-51.
6. Usova E. V. Means of civil law individualization of participants in civil legal relations // Crimean Academic Bulletin. – 2018. – No. 6. – P. 156-160.
CIVIL LAW
PROVATKINA Valeriya Evgenjevna
student of the Far Eastern Federal University
VOLOSHINA Tatyana Vladimirovna
student of the Far Eastern Federal University
SHENER Ella Artemovna
student of the Far Eastern Federal University
LEGAL STATUS OF A PERSON EMPLOYED ON AN ONLINE PLATFORM
The development of the digital economy is associated with the emergence of new atypical forms of employment, in particular platform employment. Platform employment has not yet been regulated by law, however, a number of policy documents note the importance and necessity of stimulating Russian organizations in order to ensure the employment of citizens in the digital economy. The article examines the European experience of regulating the legal status of a person employed on an online platform, and also gives a description of this issue in Russia that currently exists.
Keywords: online platform, client, service, employed, employer, legal relations.
References
1. Improving working conditions in platform work. – [Electronic resource]. – Access mode: https://ec.europa.eu/social/BlobServlet?docId=24991&langId=en (Accessed 1.05.2023).
2. Cour de cassation, civile, Chambre sociale, 4 mars 2020, 19-13.316, Publié au bulletin. – [Electronic resource]. – Access mode: https://www.legifrance.gouv.fr/juri/id/JURITEXT000042025162?isSuggest=true (accessed 30/04/2023).
3. Corte di cassazione. Sentenza n. 1663 del 24-1-2020. – [Electronic resource]. – Mode of access: https://www.lavorodirittieuropa.it/sentenze/sentenze-lavori-atipici/414-corte-di-cassazionesentenza-1663-del-24-1-2020 (accessed 30.04.2022).
4. Proposal for Directive of the European Parliament and of the Council on improving working conditions in platform work. Brussels, 9.12.2021. – [Electronic resource]. – Mode of access: https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/041 4 (OLP) (accessed 30/04/2022).
5. Appeal decision of the IC in civil cases of the Moscow City Court dated November 22, 2019 in case No. 33-53437/2019 // SPS Garant; Determination of the IC in civil cases of the Second Cassation Court of General Jurisdiction dated July 23, 2020 in case No. 8G-10740 // SPS Garant.
6. Lushnikova M. V., Lushnikov A. M. Essays on the theory of labor law. – St. Petersburg: Jurid. Center “Press”, 2006. – 940 p.
CIVIL LAW
HAYTHAM N. M Shakarna
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
CURRENT ASPECTS OF THE RESPONSIBILITY OF THE MEMBERS OF THE MANAGEMENT BOARD TO THE JOINT-STOCK COMPANY UNDER THE CORPORATE LEGISLATION OF GERMANY
The paper analyzes the publications of German jurists, the provisions of the current corporate legislation of Germany. This made it possible to identify the types of responsibilities of members of the management board to a German joint-stock company of constituent, general, internal, positive, public and special content.
Keywords: members of the Management Board, joint stock company, corporate legislation of Germany, types of responsibilities of members of the management board.
References
1. Khaisam N. M. Sh. Modern legal mechanism of responsibility of members of the board to the company and shareholders in Germany // Eurasian legal journal. 2022. No. 3 (166). pp. 58-61.
2 Binnewies, Burkhard & Schüller, Anja. (2019). Vorstandshaftung und Einwendungsausschluss. Die Aktiengesellschaft. No. 3. 2019. S. 74-76.
3. Breitenfeld, Eva. Diecha organsftliche Binnenhaftung der Vorstandsmitglieder für gesetzwidriges Verhalten. Berlin: Duncker & Humblot, 2016. 226 s.
4. De La Cruz, A., A. Medina and Y. Tang (2019), “Owners of the World’s Listed Companies”, OECD Capital Market Series, Paris. R. 5-16.
5. Degner Elisa Vorstandsinnenhaftung nach Kartellrechtsverstößen. Baden-Baden. 302 s.
6. Florian Alexander Dendl. Die Disposition über Organhaftungsansprüche in der Aktiengesellschaft und im Aktienkonzern. 2018. Baden-Baden. 384 s.
7. Genc, Ufuk Erdal. Die Wahrung von Gesellschaftsinteressen im Rahmen von aktienrechtlichen Sonderprüfungen nach §§ 142 ff. AktG. 2020. Hamburg, 2020. 268 s.
8. Johannes Hieronymi,. Die Haftung des aktienrechtlichen Vorstands bei Einholung externer Beratung. Koln: Carl Heymanns Verlag, 2017. 249 s.
9. Nussbaum Anton. Geschäftsleiterbinnenhaftung in Großvereinen. 2021. Baden-Baden. 363 s.
10. Nussbaum Anton. (2021). § 6 Haftung von Geschäftsleitern als Vereinsvorstände im Sinne des § 26 BGB. 10.5771/9783748924029-80.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, Leningrad regional lawyer association, Law firm “Pelevin and partners”
THE FORENSIC-MEDICAL EXAMINATION IN THE OUT-OF-COURT ORDER APPOINTED BY THE NOTARY UNDER CIVIC TRANSACTIONS BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
The forensic-medical examination plays an important role in cases of conflict situations and court proceedings. If the appointment of a forensic-medical examination in an out-of-court order by a notary allows to prepare a high-quality expert opinion, this will reduce the time of proceedings on civil transactions between a patient and a plastic surgery clinic. In the article one undermines the importance of the further development of the institution of expertise appointed by the decree of a notary to provide evidences which are of great importance in civil proceedings.
Keywords: forensic medical examination, plastic surgery, notary, patient, medicine, out-of-court procedure, civil law, clinic, medical organization
References
1. Barbashin M. Yu. Theory of Institutional Decay: Conceptual Potential and Methodological Framework // Journal of Institutional Research. – 2016. – V. 8. – No. 1. – S. 36-54.
2. Begichev A. V. Appointment of an examination by a notary in order to provide evidence // Modern law. – 2011. – № 8.
3. Kalinichenko T. G. Appointment of expertise by a notary in the production of evidence // Notary. -2008. -№4.
4. Moskalkova I. V., Moskalkova T. N. Provision of evidence and provision of evidentiary information by a notary // Notarial Bulletin. – 2013. – № 8.
5. Petrova N. N., Kalakutsky N. V., Palatina O. M. Clinical and psychosocial characteristics of plastic surgery patients // Russian Medical Journal. – 2017. – № 3.
6. Poltavskaya N. A. Evidence from a notary // Home lawyer. – 2008. – № 20.
CIVIL LAW
BOROVSKIY Ivan Borisovich
postgraduate student of the Faculty of Law of the Moscow Financial and Industrial University “Synergy”
ON THE ISSUE OF LEGAL MECHANISMS FOR THE SALE OF NON-CORE ASSETS UNDER SANCTIONS
The article discusses the types and legal mechanisms for the sale of non-core assets of companies. The author reflects a number of problems related to the sale of non-core assets and put forward a number of proposals to improve this issue. Also, the author touched upon the issue of the sale of assets of foreign companies leaving the Russian market.
Keywords: non-core assets, sale of non-core assets, auctions, exit of foreign companies from the market.
References
1. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5757366.
2. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71345134/
3. [Electronic resource]. – Access mode: https://arb.ru/b2b/duty/s_chem_svyazany_osnovnye_trudnosti_pri_realizatsii_neprofilnykh_aktivov-9708551/?PAGEN_1=44&ysclid=lhugvkvqho165722200.
4. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71345134/
5. Decree of March 6, 2022 No. 295, order of March 6, 2022 No. 431-r. – [Electronic resource]. – Access mode: https://www.gd.ru/articles/9645-neprofilnye-aktivy.
CIVIL LAW
BUCHNEV Vladimir Olegovich
competitor of S. N. Lebedev International private and civil law sub-faculty of the Moscow State Institute of International Relations (University) of the MFA of Russia
TYPES OF EMPLOYMENT AGREEMENTS UNDER THE LAW OF THE RUSSIAN FEDERATION AND FRANCE
The employment contract is the main instrument that regulates the rights and obligations of employees and their employers in the framework of employment contracts. This article examines the classification of employment contracts under Russian and French law, analyzing all types or classifications of employment contracts under the law of these states. The unique types of employment contracts under the law of the French Republic are shown, namely the “temporary” employment contract (contrat de travail temporaire), the apprenticeship contract (contrat d’apprentissage) and three contracts aimed at combating unemployment contrat d’accompagnement dans l’emploi, contrat initiative emploi and contrat unique d’insertion.
Keywords: employment contract, temporary employment contract, fixed-term employment contract, permanent employment contract, labor code.
References
1. François Gaudu, Florence Bergeron, Droit du travail, DALLOZ. – Paris., 2022.
2. Gilles Auzero, Dirk Baugard, Emmanuel Dockès “Droit du travail”. – Paris: Dalloz, 2021.
3. Lexique des termes juridiques 2016-2017. – Paris: Dalloz, 2016.
4. Roy Véronique, Droit social 2018/2019 L’essentiel en fiches., Dunod., Malakoff., 2018.
5. Labor law of Russia / Ed. A. M. Kurennoy. – M.: Prospekt, 2022.
6. Labor law of the Russian Federation / Ed. A. I. Ivanchak. – Moscow: MGIMO-University, 2019.
CIVIL LAW
MARAKHOVSKAYA Kristina Gennadjevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ELECTRONIC PARLIAMENT: A NEW GENERATION OF CITIZEN PARTICIPATION
The article deals with the topic of electronic parliament as a new generation of forms of citizen participation in the political life of the state. The author substantiates the need to create an electronic management model and improve mass democracy using information technology. The article also emphasizes that the electronic parliament not only increases the level of citizens’ participation in politics, but also provides opportunities for public discussion of political processes and improvement of the democratic system. However, the author also points out some difficulties in implementing an electronic parliament, such as ensuring the confidentiality and security of personal data, as well as the need to consider the possible threat to freedom and democracy.
Keywords: electronic parliament, citizens, development, democracy, public service, problems, increase trust.
References
1. Isaev N. N. GAS “Lawmaking” as the basis of the “electronic parliament” – the state and development prospects // collection of articles of the international scientific and practical conference. Ser. “Electronic Legislation” Volume Issue 1. Publishing house: Presidential Library named after B. N. Yeltsin, 2011. – P. 59-65.
2. Solovyov A. I. Political discourse of mediacracies: problems of the information age // Polis. – 2004. – № 2. – S. 124-132
3. Shadrin VV Crowdsourcing and democracy in the Russian Federation // Young scientist. – 2015. – No. 22 (102). – S. 639-641.
CIVIL LAW
TARASOV Stepan Yurjevich
postgraduate student of the 1st course of the P. A. Stolypin International Institute of Informatization and Public Administration
FEATURES OF CRYPTOCURRENCY INHERITANCE IN THE RUSSIAN FEDERATION
The article follows the practical aspects of the cryptocurrency inheritance process in the Russian Federation. The author analyzes in detail the legal status of the cryptocurrency, determines its positioning as an object of civil rights in Russian and foreign law. The publication highlights the features of law enforcement practice and problematic aspects inherent in the practical implementation of the inheritance of the digital asset in question. In addition, the author identifies possible ways to solve actual problematic issues in the process of cryptocurrency inheritance.
Keywords: inheritance, digital assets, civil law, digitalization, legal regulation, cryptocurrency.
References
1. Civil Code of the Russian Federation (Part Three): No. 146-FZ dated November 26, 2001 (as amended on April 14, 2023) // Collection of Legislation of the Russian Federation. – 03.12.2001. – No. 49. – Art. 4552.
2. Federal Law No. 259-FZ of July 31, 2020 (as amended on July 14, 2022) “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation” (as amended and supplemented, entered into force from 11.01.2023) // Collected Legislation of the Russian Federation. – 08/03/2020. – No. 31 (part I). – Art. 5018.
3. Vronskaya M. V., Semkina T. A. Inheritance of digital financial assets: current problems and development prospects // Legal Research. – 2022. – No. 11. DOI: 10.25136/2409-7136.2022.11.39102 EDN: VHZOPC. – [Electronic resource]. – Access mode: https://nbpublish.com’Hbrary_read_article.php?id=39102.
4. Zakharkina A. V. Fundamentals of the civil theory of digital financial assets // Bulletin of the Perm University. Legal Sciences. – 2022. – No. 57. – C. 504-526. DOI: 10.17072/1995-4190-2022-57-504-526.
5. Zybin A. V. Inheritance of digital assets: problems and solutions. Collection of materials of the VI International Scientific and Practical Conference. – M .: Publishing house: LLC “Institute for the Development of Education and Consulting, 2021. – P. 395-398.
6. Kirillova E. A. The role of a notary in the inheritance of digital currency in the Russian Federation // Notary. – 2021. – No. 7. – P. 27-29.
7. Cryptocurrencies: regulation in European countries. – [Electronic resource]. – Mode of access: https://internationalwealth.info/cryptocurrency/cryptocurrencies-regulation-in-eu-countries/ (Accessed 02.06.2023).
8. Cryptocurrencies: Trends, risks, measures (report prepared by the Bank of Russia). – [Electronic resource]. – Access mode: https://www.cbr.ru/Content/Document/File/132241/Consultation_Paper_20012022.pdf (date of access: 05/30/2023).
9. Mamaeva A. A., Minnullina K. A., Tatarinova E. P. Succession of digital currency: protection of interests of heirs // Inheritance Law. – 2021. – No. 4. – P. 24-26.
10. Mograbyan A. S. Digital rights as objects of civil rights in Russia // Actual problems of Russian law. – 2022. – No. 17 (10). – S. 141-147.
11. Official portal of the courts of general jurisdiction of the city of Moscow. – [Electronic resource]. – Access mode: https://www.mos-gorsud.ru/mgs/services/cases/appeal-civil/details/26076b90-bcd1-11ec-9f98-55db7c691995?caseNumber=33-14798/2022.
12. Ochirova P. I., Stepanenko A. S. Cryptocurrency inheritance: features and problems // Humanitarian, socio-economic and social sciences. – 2022. – No. 10. – P. 198-199.
13. Resolution of the Ninth Arbitration Court of Appeal dated February 4, 2020 in case No. А40-164942/2019 in Moscow. – [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/FEeAUpDR1666/.
14. Tueshova E. S. To the question of the inheritance of digital currencies // Prologue: Journal of Law. – 2023. – No. 1. – P. 54-61. — DOI: 10.21639/2313-6715.2023.1.6.
15. Shaimardanov T.R., Pogodin A.V. Cryptocurrency as an object of civil rights // Universum: economics and jurisprudence: electron. scientific magazine 2022.12(99). – [Electronic resource]. – Access mode: https://7universum.com/ru/economy/archive/item/14633 (date of access: 06/01/2023).
16. IRS 2014-21, 2014-16 I.R.B. 938. – [Electronic resource]. – Access mode: https://www.irs.gov/pub/irs-drop/n-14-21.pdf.
17. Regulation of Cryptocurrency Around the World: November 2021 Update. – [Electronic resource]. – Access mode: https://tile.loc.gov/storage-services/service/ll/llglrd/2021687419/2021687419.pdf (Accessed 06/2/2023).
CIVIL LAW
KARPETS Svetlana Igorevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern FederalUniversity
LEGAL ASPECTS OF THE USE OF SOCIAL NETWORKS FOR ADVERTISING PURPOSES
The article is dedicated to the consideration of the legal aspects of the use of social networks for advertising purposes. Today, companies are increasingly using social networks as a channel to promote their products and services. However, in order to avoid legal problems and negative consequences for the brand, certain legal aspects must be observed. The article covers topics such as compliance with legislation on the use of advertising on the Internet, the use of logos and trademarks of other companies with permission, protection of personal data of users, compliance with the rules of social networks, notification of users and liability for violation of the rules and legislation on advertising. It is very important for companies to know and understand these legal aspects in order to effectively promote their brand on social networks and prevent negative consequences in time.
Keywords: advertising, social networks, advertising legislation, advertiser, personal data.
References
1. Otochina M.S. Advertising in social networks: trends and development prospects // Bulletin of the Khakass State University. N. F. Katanov. – 2020. – S. 82-86.
2. Orlova V. A. Legal regulation of advertising activities on the Internet // Skif. Issues of student science. – 2021. – No. 4 (56). – P. 227-231.
3. Vranaki A. Social networking site regulation: Facebook, online behavioral advertising, data protection laws and power // Rutgers Computer & technology. – 2017.
CIVIL LAW
BURAYKIN Alexander Vladimirovich
postgraduate student of the Institute of Law of the Samara State Economic University
TRADEMARK IN THE SYSTEM OF MEANS OF INDIVIDUALIZATION
In modern business, one of the primary tasks for entrepreneurs in carrying out their commercial activities is to isolate their product from a variety of homogeneous, similar products from other manufacturers and protect it from the actions of unscrupulous competitors. This problem is largely designed to solve the means of individualization of goods, works or services. One of these means is a trademark. The main purpose of a trademark can be called the difference, the individualization of the goods of some persons from the goods of others. This is important because the range of manufactured goods is constantly expanding and therefore it is difficult to navigate them. Trademarks contribute to the realization of consumer choice, the promotion of goods and services and, as a result, the development of fair competition. Undoubtedly, the commercial value of such means of individualization increases every year.
Keywords: means of individualization, trademark, copyright holder, business reputation.
References
1. Denotkina A. V. Legal protection of trademarks and objects of copyright: a comparative legal analysis: dis. … cand. legal Sciences. – M., 2017. – S. 65-66.
2. Lambin J.-J., Chumpitas R., Shuling I. Market-oriented management. 2nd ed.: Per. from English. / Ed. V. B. Kolchanova. – St. Petersburg, 2014.
3. Melnikov V. M. Trademarks abroad on the eve of the XXI century. – M., 2002. – S. 3.
4. Vorozhevich A. S., Grin O. S., Korneev V. A. et al. Intellectual property law: textbook / Ed. ed. L. A. Novoselova. – M.: Statute, 2018. Vol. 3: Means of individualization. – 432 p.
5. Tabolo M. V. Functions of a trademark // Modern law. – 2018. – No. 5. – S. 138-144.
6. Handelmann J. Guide to TTABB practice. – N.Y., 2013. – P. 8.
CIVIL LAW
GABARAEV David Malkhazovich
magister student of the 2nd course of the K. L. Khetagurov North Ossetian State University, Vladikavkaz
FORCIBLE ALIENATION OF OWNERSHIP OF REAL ESTATE
This article discusses the forced alienation of ownership of real estate in Russian law. The fairness and expediency of such alienation of property rights are touched upon. Indeed, in the modern world, for any person, the possession, use and disposal of real estate is a guarantee of well-being and a stable standard of living, which means that it is necessary to determine the boundaries of what is permitted by law , the forced alienation of real estate from the owner.
Keywords: property right, requisition, confiscation, real estate, public interests, land category.
References
1. “Civil Code of the Russian Federation (part one)” dated November 30, 1994 No. 51-FZ (as amended on April 16, 2022).
2. Federal Law No. 73-FZ of June 25, 2002 (as amended on October 20, 2022) “On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation”.
3. Goloviznin A. V. Grounds and procedure for the redemption of cultural property under Russian civil law // Law and Economics. – 2013. – № 11.
4. Decision of the Arbitration Court of the Tver Region dated August 30, 2022 in case No. А66-6529/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/g6uXh9AMmrY1/
5. Law of the Russian Federation “On the export and import of cultural property” dated April 15, 1993 No. 4804-1.
CIVIL LAW
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofia Dmitrievna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
COMPARATIVE LEGAL ANALYSIS OF THE ENGINEERING CONTRACT IN THE PRISM OF THE CONTRACT
The article studies the concept of engineering, the legal nature of an engineering contract, the issues of regulating the relations of the parties in this contractual structure, their features. A comparative legal analysis of a work contract and an engineering contract, the main features and characteristics are given. It also gives a description of the use of the engineering contract in foreign countries. International documents related to engineering are considered, conclusions are drawn about their role and significance in general regulation. The characteristic of use of the contract of engineering in foreign states is given. We will also consider the results of research by a number of consulting companies to analyze the state of the world economy.
Keywords: contract law, engineering, engineering services, contractor’s agreement.
References
1. Ivanov S. V. Development of cooperation between Russia and China in the mining industry // Problems of the modern economy. Eurasian international scientific and analytical journal. – 2011. – No. 4 (40). – P. 102-105.
2. Ivanova S. V., Sotnikov A. V., Taranovskaya E. V. Trends in the engineering services market // Russian Foreign Economic Bulletin. – 2022. – No. 8. – S. 54-60.
CIVIL LAW
STEPANOVA Tatiana Alexandrovna
postgraduate student of Civil and business law sub-faculty of the Novosibirsk State Institute of Economics and Management (NGEUE)
HEREDITARY SUCCESSION IN RELATION TO DIGITAL RIGHTS
The rapid development of digital technologies, the widespread introduction of artificial intelligence into all spheres of life generates new issues that require proper regulatory study. One of the legislative innovations was the inclusion of digital rights, named as such in the law, among the objects of civil rights. Currently, a legislative framework is being formed to ensure the defense capability of digital rights in our country. However, some issues are already acute for law enforcement today. One of such issues is the issue of inheritance of digital rights, which is not regulated by the legislator. The article considers the possibility of the transition of digital law in the order of inheritance under the current regulatory regulation of digital rights in Russia.
Keywords: inheritance, obligations, digital rights, distributed registry, information system, holders of digital rights, information system operator.
References
1. Khodyreva E. A. The right of inheritance in the civil law of Russia: a monograph. – Moscow: Statute, 2022. – 386 p.
2. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis: monograph. – Moscow: Publishing house “4 Print”, 2020. – 304 p.
3. Yaroshenko T. V. Civil law characteristics of digital assets: topical issues / T. V. Yaroshenko // Notary. – 2022. – № 8. – S. 23-26.
4. Bychkov A. Transactions with crypto assets and their legal protection / A. Bychkov // New accounting. – 2018. – No. 4. – P. 100-127.
5. Yatsenko T. S. Inheritance of digital rights // Inheritance law. – 2019. – No. 2. – P. 11-14.
6. Panarina M. M. Inheritance of an account in social networks and issues of digital inheritance: legal research // Inheritance law. – 2018. – No. 3. – S. 29-30.
CIVIL LAW
KHURTOV Mikhail Sergeevich
postgraduate student of the Institute of Law of the Ufa University of Science and Technology
FEDULIN Yelisey Andreevich
LLC “Intelligent Systems” specialist Chief of the Production support Department
CIVIL LAW PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF OWNERS AND OTHER OWNERS OF NEIGHBORING LAND PLOTS
The article discusses the development trends of ways to protect neighbor legal relations in the Russian Federation. It is shown that in order to improve the ways of protecting neighborly legal relations, the legislator needs to develop a document of a complex nature that defines the rules for the “interaction” of neighborly legal relations and public law norms (their harmonization).< /p> Keywords: neighbor law; restriction of property rights in the interests of neighbors; real right, servitude, property right.
References
1. Emelkina I. A., Kurmaeva Yu. D. Features of civil law protection of the interests of owners and other owners of neighboring land plots // Laws of Russia: experience, analysis, practice. – 2016. – No. 12. – P. 39-49.
2. Sinitsyn S. A. Negative lawsuit in Russian and foreign law // Journal of Russian law. – 2014. – No. 4 (208). – S. 84-101.
3. Sukhanov E. A. About the types of subjective civil rights and the limits of their implementation // Bulletin of Civil Law. – 2019. – No. 4. – P. 12-15.
4. Shubin Yu. P. Decree. op.; His own. Resolution of land disputes arising from the relations of neighbor law // Public authority. 2014. – No. 8. – S. 78-81.
CIVIL PROCESS
BIRYUKOVA Veronika Alexandrovna
student of the Kazan branch of the Russian State University of Justice
KHASANSHINA Flusa Gatovna
Ph.D. in Law, associate professor, associate professor of Civil process sub-faculty of the Kazan branch of the Russian State University of Justice
ON THE ISSUE OF RECOGNIZING THE ONLY HOUSING OF A CITIZEN-DEBTOR AS “LUXURY”
The article is dedicated to the problematic issues of recognizing the only housing of a citizen-debtor as “luxury”. Based on the analysis of regulations and judicial practice, the author substantiates the possibility of removing executive immunity from the debtor’s only housing and including it in the estate bankruptcy, provided that such housing is recognized as luxurious. An attempt was made to determine the criteria for determining the only housing of the debtor as “luxury”.
Keywords: “luxury” housing, the implementation of the only housing, insolvency, executive immunity.
References
1 Part 4 of the Civil Code of the Russian Federation of December 18, 2006 No. 230-FZ (last edition) // Rossiyskaya Gazeta. – No. 289. – December 22, 2006
2 Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)” (last edition) // Rossiyskaya Gazeta. – No. 209-210. – November 2, 2002
3 Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (last edition) // Rossiyskaya Gazeta. – No. 1. – January 12, 2005
4 Ruling of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated October 29, 2020 No. 309-ES20-10004 in case No. A71-16753/2017. – [Electronic resource]. – Access mode: https://www.vsrf.ru/stor_pdf_ec.php?id=1939216 (date of access: 02/13/2023).
5 Ruling of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation No. 305-ES18-26429 of June 3, 2019 in case No. A41-20557/2016. – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/72164642/ (date of access: 02/13/2023).
6 Ruling of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 25, 2018 No. 310-ES17-14013. – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-verkhovnogo-suda-rf-ot-25012018-n-310-es17-14013-po-delu-n-a48-74052015/ (date of access: 13.02. 2023).
7 Decision of the Kazan City Duma of November 1, 2006 No. 4-12 (as amended on August 16, 2022). – [Electronic resource]. – Access mode: https://kzn.ru/content/upravlenie-naruzhnoy-reklamy/document/Regulatory%20acts%20in%20%20external%20information/rules%20beautification%20latest%20version.pdf (date of access: 13.03.2023 ).
CIVIL PROCESS
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil procedural law sub-faculty of the Volga Branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management, branch of the RANEPA under the President of the Russian Federation
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhniy Novgorod State Pedagogical University, associate professor of Economics and law sub-faculty of the Pavlovsk branch of the N. I. Lobachevsky National Research Nizhny Novgorod State University
KARPUKOVA Albina Anatoljevna
senior lecturer of General History, classical disciplines and law sub-faculty of the K. Minin Nizhniy Novgorod State Pedagogical University
GLAZOVA Viktoriya Olegovna
student of the K. Minin Nizhniy Novgorod State Pedagogical University
FEATURES OF THE CONSIDERATION OF CIVIL CASES ON THE TEMPORARY ASSIGNMENT OF ALIMONY TO MINOR CHILDREN UNDER THE LAWS OF 1936-1937 IN THE RSFSR AND THE UNION REPUBLICS
The article deals with the main issues that arise in the civil process in the temporary assignment of alimony to minor children in the USSR according to the laws of 1936-1937. The mechanism for assigning “temporary” alimony, both in the RSFSR and in individual union republics, is considered. The authors also substantiate the necessity of holding a court session in camera under certain conditions. At the end of the study, categorical conclusions were drawn.
Keywords: minor children, marriage, temporary alimony, plaintiff, defendant, lawsuit.
References
1. Code of laws on marriage, family and guardianship of the RSFSR 1926 [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=3552&dst=100010#uQs6HYToFqPqUE6l (accessed May 16, 2023)
2. Decree of the Central Executive Committee of the USSR No. 65, Council of People’s Commissars of the USSR No. 1134 of June 27, 1936 “On the prohibition of abortions, the increase in material assistance to women in childbirth, the establishment of state assistance to multifamilies, the expansion of the network of maternity hospitals, nurseries and kindergartens, the strengthening of criminal penalties for non-payment of alimony, and some changes in divorce laws. [Electronic resource]. – Access mode: https://e-ecolog.ru/docs/9-QSnSKS8cEaCFHgxm_QW (Accessed May 16, 2023)
3. All-Russian Central Executive Committee of the Council of People’s Commissars of the RSFSR Decree of May 10, 1937 “On changing the current legislation of the RSFSR in connection with the Decree of the Central Executive Committee and the Council of People’s Commissars of the USSR of June 27, 1936” On the prohibition of abortions, increasing material assistance to women in childbirth, establishing state assistance to large families, expanding the network of maternity homes, nurseries and kindergartens, increased criminal penalties for non-payment of alimony, and some changes in divorce laws.” [Electronic resource]. – Access mode: https://www.libussr.ru/doc_ussr/ussr_4106.htm (Accessed May 16, 2023).
4. Journal “Soviet Justice”, jurid. Publishing House of the NKJU USSR. 1937. No. 4. 60 p.
CIVIL PROCESS
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
BARABOSHKINA Anastasia Alekseevna
student of the Institute of Law of the Samara State Economic University
THE SPECIFICS OF AN EXPERT OPINION AS EVIDENCE IN A TRIAL
The article discusses the role of an expert opinion in a trial, examines the advantages and disadvantages of an expert opinion as evidence in court. The authors of the scientific article give recommendations on solving problems that arise when prescribing a forensic examination.
Keywords: evidence in the trial, forensic examination, expert, expert opinion.
References
1. Khrustalev VN Theory of forensic examination: a tutorial. – Moscow: KNORUS, 2021. – 242 p.
2. Lazareva D. V. Expert opinion as procedural evidence // Proceedings of the Institute of Control Systems SGEU. – 2019. – No. 1 (19). – P. 66-68.
3. Borzenko D.S. Expert opinion as a source of evidence // International Journal of Humanities and Natural Sciences. – 2020. – Vol. 3-2 (42). – P. 125-127.
4. Rudneva Yu. V. Accessibility of justice in administrative proceedings // Eurasian Union of Scientists. – 2016. – No. 2 (23). – P. 136-138.
5. Agaeva L. K., Kurnosova E. A. Assessment of the economic security of the Samara region // Vector of Science of Togliatti State University. Series: Economics and Management. – 2017. – No. 3. – P. 5-11.
6. Litvin A. A., Gubaidulina E. Kh. To the question of the abuse of procedural rights in the arbitration process of the Russian Federation // Guarantees of rights in the Russian Federation and international law. Publisher: LLC “Aeterna”, 2017. – P. 74-76.
CIVIL PROCESS
ZAKHAROVA Irina Valentinovna
senior lecturer of Civil and business law sub-faculty of the Novosibirsk State University of Economics and Management “NINE”, postgraduate student of the Faculty of Law of the Novosibirsk State University of Economics and Management “NINE”
ADVOCACY: LEGAL CONFLICT OF REPRESENTATION BY APPOINTMENT IN CIVIL PROCEEDINGS
In modern society, the sphere of services of representatives is quite wide. Of particular importance, in order to protect the rights and legitimate interests of subjects of civil law, is the representation in civil proceedings carried out by lawyers on the appointment of the court.
In this article, the author, being a lawyer, examines the legal problems of protecting the rights and legitimate interests of persons in whose interests the judicial authority involves a lawyer to participate in a civil case by appointment. These problems are relevant and their resolution is of practical importance, since in accordance with the current legislation, the state guarantees professional legal protection.
Keywords: lawyer, advocacy, civil proceedings, representation by appointment, trial, protection of rights and legitimate interests, Article 50 of the Civil Procedure Code of the Russian Federation.
CIVIL PROCESS
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
HISTORICAL ANALYSIS OF THE ORIGIN OF RUSSIAN COURTS OF GENERAL JURISDICTION
The article analyzes educational and scientific literature in the field of activity of Russian courts of general jurisdiction. The analysis of the Soviet legislation in the sphere of the origin of the judicial system in Russia is carried out. With the development of the state and society, the Russian judicial system has also changed. In 1924, the People’s Court, the Provincial Court, and the Supreme Court of the RSFSR were recognized as judicial bodies of the RSFSR, which formed a single judicial system. With the adoption of the Constitution in 1977, the judicial system also changed. In 1977, the judicial system of the USSR included: the Supreme Court of the USSR, the Supreme Court of the Union Republics, the Supreme Courts of Autonomous Republics, regional, regional, city courts, courts of autonomous regions, courts of autonomous districts, district (city) people’s courts, as well as military tribunals in the Armed Forces. The stages of judicial reform are defined and considered. The stage of formation of judicial power in modern Russia is defined. The beginning of this stage is considered to be October 24, 1991, when the Supreme Soviet of the RSFSR adopted the “Concept of Judicial Reform”, whose task was to establish the judiciary in the state mechanism as a separate independent branch of government.< /p> Keywords: courts of general jurisdiction, judicial system, judicial power, judicial system, legal state, judicial bodies.
References
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993). – [Electronic resource]. – Access mode: Official Internet portal of legal information http://www.pravo.gov.ru, 04.07.2020.
2. Convention for the Protection of Human Rights and Fundamental Freedoms (signed in Rome on 04.11.1950) // Collected Legislation Ross. Federation. – 08.01.2001. – No. 2. – Art. 163.
3. Ioffe O. S., Musin V. A. Fundamentals of Roman civil law: textbook. allowance. Publishing house of the Leningrad University. – Leningrad, 1975. – 156 p.
4. Fundamentals of criminal proceedings in the USSR and the Union Republics: Decree of the Presidium of the Central Executive Committee of the USSR of 31 October. 1924 // Collection of Legislation 1924. – No. 24. – Art. 204, 206.
5. On the division of the West Siberian Territory into the Novosibirsk Region and Altai Territory: Decree of the Central Executive Committee of the USSR of 28 September. 1937 No. 302 // Collection of laws and orders of the Workers ‘and Peasants’ Government of the USSR. – 1937. – No. 66.
6. On martial law: decree of the Presidium of the USSR Armed Forces of June 22, 1941 // Vedomosti of the Supreme Soviet of the USSR. – 1941. – No. 29 (144). – Art. 1.
CIVIL PROCESS
SERGEEVA Kseniya 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
SALAMAKHINA Elena Alexandrovna
senior lecturer of Civil law and process sub-faculty of the Far Eastern Federal University
PROBLEMS OF JUDICIAL PRACTICE IN RESOLVING CIVIL CASES ON DETERMINING THE PLACE OF RESIDENCE OF A CHILD
The institution of the family is undergoing changes – the conclusion and dissolution of marriage, the determination of the child’s place of residence when the parents are separated, etc. Due to the dynamism and strictly personal nature of these relations, many disputes arise in the process of law enforcement. The relevance of the work is since the number of disputes related to the determination of the child’s place of residence increases annually, which is a consequence of the demographic situation in Russia, the growth of cases of divorce. The analysis of the procedural features of the consideration and resolution of civil cases on the determination of the child’s place of residence is necessary to assess the effectiveness of modern family legislation in the field of protection of the rights and interests of children and parents. p> Keywords: family, determination of the child’s place of residence, family legislation, children’s interests, family disputes.
References
1. Ablyatipova N. A., Tsyganova D. S. Some problems of determining the place of residence of minor children in the case of separation of parents // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2022. – No. 2. – P. 1-5.
2. Mamedova M. K. Features of the execution of court decisions in cases of determining the place of residence of a child // Legal Bulletin of the DSU 2012. – No. 2. – P. 41-48.
3. Rudman D.S. On some aspects of determining the place of residence of the child by the court when the parents live separately. – 2019. – No. 4. – P. 19-25.
4. Sakhno D. K. Evasion of parents from the execution of a court decision on determining the place of residence of the child // State and law: theory and practice: materials of the international scientific conference. – Chelyabinsk, 2011. – P. 159-165.
5. ArteMova O. A. Problems of determining the jurisdiction of cases to determine the place of residence of a child, complicated by a foreign element // Skif. Issues of student science. – 2020. – No. 12 (52). – P. 219-225.
6. Fedoseeva G. Yu. Non-legal side of marriage and family relations and consideration of international character when considering cases on determining the place of residence of a child // Lex Russica (Russian law). – 2004. – No. 4. – S. 1011-1019.
CIVIL PROCESS
YURTAEV Vyacheslav Alexandrovich
student of the Law School of the Far Eastern Federal University
SERGEEVA Ksenia Alekseevna
student of the Law School of the Far Eastern Federal University
SALAMAKHINA Elena Alexandrovna
senior lecturer of Civil law and process sub-faculty of the Far Eastern Federal University
SOME PROCEDURAL FEATURES OF THE CONSIDERATION BY THE COURTS OF CASES ON DETERMINING THE PLACE OF RESIDENCE OF CHILDREN WHEN PARENTS ARE SEPARATED
Disputes about determining the place of residence of a child when parents are separated are currently, unfortunately, far from uncommon. The specificity of family legal relations opens up a field for research on the procedural features of this category of cases. In this work, the norms of family legislation of different countries related to cases of determining the child’s place of residence, law enforcement practice will be analyzed, the status of persons participating in the case of determining the child’s place of residence will be assessed. A comprehensive analysis of the experience of other states made it possible to identify existing problems in the judicial practice of the Russian Federation and suggest ways to overcome them.
Keywords: family, determination of the child’s place of residence, family legislation, children’s interests, family disputes.
References
1. Varlamova I. A. Determining the place of residence of a child: international experience // Bulletin of the Student Scientific Society of the Donetsk National University. – 2018. – No. 10-1. – P. 120-125.
2. Bakhareva O. A., Tsepkova T. M. Procedural position of persons involved in cases related to the upbringing of children // Vestnik SGUA. – 2017. – No. 1 (114). – P. 86-91.
3. Vershinina E. V., Konovalov D. V., Novikov V. S., Khokhlacheva S. V. The concept and types of mediation in the legislation and legal doctrine of Russia, France, Spain and the USA // Bulletin of the civil process. – 2020. – No. 6. – P. 139-155.
4. Bulgakov S. N. Question-answer // ATP ConsultantPlus. – 2023. – P. 1-15.
5. Aleeva S. S. Other persons in cases of determining the place of residence of the child // Progressive development as a consequence of scientific and technical research: collection of articles of the international scientific conference. – Novosibirsk, 2022. – P. 61-69.
6. Smagina E. S. Some features of the participation of guardianship and guardianship authorities in disputes about determining the place of residence of the child when the parents live separately. – 2016. – No. 8. – S. 20-27.
HOUSING LAW
RUDYKH Svetlana Nikolaevna
Ph.D. in Law, associate professor, Head of Civil law disciplines sub-faculty of the Irkutsk Law Institute (branch) University of the Prosecutor’s Office of the Russian Federation
IGONINA Alina Sergeevna
student of the 5th course of the Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
PROTECTION BY THE PROSECUTOR OF THE RIGHTS OF CITIZENS-PARTICIPANTS OF THE SHARE CONSTRUCTION
In view of the high social significance of legal relations arising in the sphere of shared construction, the protection of the rights of participants in shared construction by prosecutors is one of the priorities of the prosecution agencies. The effective exercise by prosecutors of their power to protect the rights of citizens in this area of legal relations enables citizens to exercise their fundamental right to housing.
In this study the authors analyze the practice of prosecutor’s supervision in the area of shared construction and also consider problematic issues of participation of the prosecutor in the resolution of cases of this category by the courts in civil and arbitration proceedings.
Keywords: right to housing, prosecution agencies, prosecutor, shared construction, protection of shareholders’ rights, proceedings in civil causes, proceedings in arbitration causes.
FAMILY LAW
KUSTOVA Anastasia Andreevna
magister student of the Institute of Law of the National Research Tomsk State University
DE FACTO MARITAL RELATIONS: EXPERIENCE OF FOREIGN AND DOMESTIC REGULATION
The article deals with the problems of protecting the rights of persons who are in de facto marital relations. The author examines the experience and models of foreign regulation of cohabitation. The author also analyzed the judicial practice of the Russian Federation on the protection of rights of persons in de facto marital relations. The article concludes that it is necessary to change the legal status of cohabitants.
Keywords: de facto marital relations, cohabitation, de facto marriage, marriage and family relations, unregistered marriage union
References
1. Antokolskaya M. V. Lectures on family law. – M.: Jurist, 2010.
2. Tarusina N. N. Family rights: textbook. allowance. – M.: Prospect, 2008.
FINANCIAL LAW
MATYUKHIN Danila Alexeevich
student of the 3rd course of the Samara State University of Economics
STATE REGULATION OF THE FINANCIAL MARKET IN RUSSIA: ADMINISTRATIVE AND ECONOMIC MEASURES
The scientific article presents the results of the analysis of the practical role and place of the state in the process of regulating the securities market in Russia. The practical role of the state in the implementation of the implementation of measures aimed at regulating the securities market is determined. In conclusion, it is established that the legal regulation of the state in modern Russia should be aimed not at restraining, but at stimulating the development of the financial market.
Keywords: state regulation; financial market; stocks and bonds market; stock market; regulatory procedures.
References
1. Nogachevsky N. A. Infrastructure of the financial market and trends in its development in Russia // Actual problems of economic development and management in modern conditions. – 2021. – S. 602-615.
2. Sadykova N. R. State regulation of the stock market // Achievements of science and education. – 2018. – No. 16 (38). – P. 24-29.
3. Dolmatova D. A. Infrastructure of the financial market and its components // Science, education, innovation: approbation of research results. – 2020. – S. 287-290.
4. Rodin D. Ya., Krivenko A. S., Levaya V. O. Problems of state regulation in the stock market // Chelovek. Society. Society. – 2022. – No. 1. – P. 47-52.
5. Piterskaya L. Yu., Zinisha O. S., Rodin D. Ya., Ivanenko I. N. Institutional transformations of the activities of financial services market participants in the era of digitalization: monograph. – Krasnodar: KubGAU, 2021. – 170 p.
FINANCIAL LAW
SUNTSOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of state and law disciplines sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
MATSKEVICH Oksana Valerjevna
Ph.D. in Law, associate professor, associate professor of Humanities, social sciences and economics disciplines sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
FINANCIAL AND LEGAL MECHANISMS IN THE TRANSPORT SECTOR (ON THE EXAMPLE OF SECURING AGREE- MENTS AND INVESTMENT COOPERATION)
Purpose. The development of a favorable investment climate and stimulating the attraction of investment resources in the field of transport is today one of the main directions of modern economic and, as a consequence, legal policy of the state. since a new form of investment cooperation has been introduced in Russia relatively recently – a special investment contract, the authors set themselves the task of showing the place of this legal form in the system of already traditional mechanisms by the example of the transport sector.< br /> The state’s interest in the creation of new legal mechanisms indicates that the course towards the development of the idea of affordable transport, improving the quality of transport services provided, stimulating business in this area are among the priorities, where it is possible to successfully combine not only private and public interests, but also their resources.
methodology. A system of various methods was used in the work: for example, a general scientific method of analysis was used, which allowed the authors to argue the concept of using the advantages of certain mechanisms of legal regulation of agreements and investment cooperation; in turn, the formal legal method allowed using not only cognitive resources aimed at familiarization with legal norms, but also as a consequence, resort to their legal clarification and interpretation, that is, a private method – legal interpretation. The abstraction method allowedus to focus on the specifics of the implementation of the financial and legal mechanism for ensuring agreements and investment cooperation in the transport sector.
Conclusions. The basis of the financial and legal mechanism for ensuring agreements and investment cooperation in the transport sector is, first of all, investment contracts. An investment agreement is a legally defined contractual form of cooperation between investors and customers. From the point of view of the contract, it can be a variety of relationships and types of agreements. The Civil Code of the Russian Federation allows the conclusion of both stipulated and non-stipulated agreements. The analysis of the legal mechanisms for securing agreements and investment cooperation allows us to state that almost any claim entity will be able to find an attractive form of legal interaction for itself. Investments play an important role for the global and national economies. Investment contracts can solve infrastructure tasks of various scales: construction of roads, ports, etc.
The growth in the number of corporations, the creation by them of a large number of their branches and subsidiaries of commercial organizations indicates the stage of development of the special importance of investment relations in the environment related to transport.
The Russian economy today needs contractual forms where a private investor and the state interact on a parity basis, where there is a chance to distribute risks between these sides of the relationship and ensure the permanence of contractual terms, which undoubtedly attracted and will attract private investment entities.
It is necessary, at the same time, to be puzzled by the reduction of political risks that are poorly amenable to legal regulation. scientific and practical significance. The contract-the foundation that determines the investment process is traditionally recognized
as the contract for the implementation of an investment project. According to Article 1 of Federal Law No. 39-FZ, an investment project is understood as an explanation of the issues of economic feasibility, the volume and timing of capital investments, including the accompanying necessary project documentation developed in accordance with the legislation of the Russian Federation, as well as a description of practical actions to implement investments (business plan).”
From the point of view of concluding an agreement on public-private partnership, it is necessary to emphasize that there are two forms of public-private partnership, including in transport: institutional and contractual. The contractual form is based on an agreement between a public and a private partner. A project company may also be created, the founders of which are private companies. If a company enters into a contract, then it is a party to the partnership agreement. If at least one participant of the project company belongs to public legal entities or an agreement is concluded between the project company and a public partner, then an institutional model of partnership arises before us.
Keywords: legal mechanism, legal regulation, provision of agreements, investment cooperation, contract, contract, public-private partnership, public-private partnership, transport, partnership model, concession agreement.
References
1. Baranov V. V., Baranova I. V., Muradov A. A. Concession agreements as a tool for implementing public-private partnerships in the management of infrastructure and socially significant projects. [Electronic resource]. – Access mode: www.consultant.ru/document/cons_doc_LAW_213628. SPS Consultant Plus. (date of access: 10/15/2018).
2. Baranova AN Legal nature of concessions and concession agreements as a mechanism for attracting foreign investment // Legislation. 2007. No. 6. P. 56-62.
3. Belousov A. L. Conditions for the formation of the innovative infrastructure of the economy // In: Innovative development of modern socio-economic systems // Proceedings of the III International Correspondence Scientific and Practical Conference. Ministry of Education and Science of the Russian Federation; FGBOU VO “Komsomolsk-on-Amur State Technical University”; FAO Far Research Institute of Market under the Ministry of Regional Development of the Russian Federation. 2016. S. 17-20.
4. Belousov A. L. Development of investment relations in the transport sector through the implementation of special investment contracts // Proceedings of the international scientific and practical conference “Modern financial and financial and legal problems in transport”, M., MIIT, February 14, 2019 / Under ed. A. A. Chebotareva, V. M. Koryakina, V. E. Chebotareva. 2019. P. 115-119.
5. Doronina N. G. Concession agreement in private international law // Separate types of obligations in private international law / Otv. ed. V.P. Zvekov. M., 2008. Ch. 3.
6. Doronina N. G. Concession agreement asan independent type of obligation in private international law // Journal of Foreign Legislation and Comparative Law. 2008. No. 4. P. 56-66.
7. Zelenin A. D., Stepanishcheva K. Yu. Prospects for foreign investment: the return of the resident //
“Business Law”. Appendix “Law and Business”, 2017. No. 1. P.4-7.
8. Kasatkina A. A. Foreign investments and ways to attract them to the national economy. [Electronic resource]. – Access mode: www. consultant.ru/document/cons_doc_LAW_213628. SPS Consultant Plus. (date of access: 22.09.2020).
9. Popondopulo VF Special investment contract as a legal form of investment agreements with the participation of a public legal entity. [Electronic resource]. – Access mode: www.consultant.ru/document/cons_doc_LAW_213628. SPS Consultant Plus. (date of access: 22.09.2020).
10. Public-private partnership in Russia and foreign countries: legal aspects. / Under the general editorship. V. F. Popondopulo, N.A. Sheveleva. M., 2015. 301 p.
11. Sosna S. A. Concession agreements: theory and practice. M., 2002. 256 p.
12. Tselovalnikova I. Yu. Legal regulation of investment activity: Monograph. M.: Law Institute of MIIT, 2013. 70 p.
TAX LAW
SIKACH Artem Sergeevich
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ANTONYUK Lyudmila Alexandrovna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
THE USE OF ARTIFICIAL INTELLIGENCE IN IMPROVING THE ACTIVITIES OF TAX ADMINISTRATION
The development of technologies and artificial intelligence in recent years has opened up new opportunities for automation and improving the efficiency of tax administration. The article discusses the use of artificial intelligence in improving the activities of tax administration on the example of various systems of tax control and determination of the tax base. It is shown how the use of machine learning algorithms, neural networks and other artificial intelligence technologies can improve the accuracy and speed of data processing, reduce the number of errors and simplify tax administration processes.
Keywords: artificial intelligence, tax administration, automation, data analysis, determination of the tax base, tax control, machine learning, neural networks.
References
1. Romanova I. B. Tax administration: textbook. allowance. – Ulyanovsk: UlGU, 2018. – 54 p.
2. Goncharenko L. I., Malkova Yu. V., Advocatova A. S. Actual problems of the tax system in the digital economy // Economics. Taxes. Right. – 2018. – No. 2. – P. 166-172. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_32871961_17317941.pdf (date of access: 06/01/2021).
3. Zabolotnikova V. S. Development of a conceptual model of the management system in the tax service. Sovremennye naukoemkie tekhnologii. – 2017. – No. 10. – P. 7-12. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_30487267_57249123.pdf (date of access: 05/16/2021).
4. Meytova A. N., Feigel M. L. Problematic aspects of tax audits // Science and education: economy and economy; entrepreneurship; law and management. – 2022. – No. 3 (142).
5. Frolova A. Yu., Desyatnichenko D. Yu. Assessment of the level of competition and analysis of the current state of the online cash register market in Russia // Journal of Economy and Business. – 2021. – № 1-2 (71).
6. Troyanskaya M. A. Instruments of tax support for the development of the digital economy // Natural Humanitarian Research. – 2021. – No. 34 (2).
7. Kurushina D. E., Administration of VAT taxation in Russia // Alley of Science. – 2021. – No. 1 (52). – P. 7-11.
8. Kochergin D. A. Digital currencies of central banks: the experience of introducing the digital yuan and the development of the concept of the digital ruble // Russian Journal of Economics and Law. – 2022. – V. 16. No. 1. – S. 51-78.
9. Kankulov A. M., Yagumova Z. N., Gubachikova D. M. Tax administration in the context of digitalization of the economic space // Taxes and taxation. – 2021. – No. 7 (61).
10. Federal Tax Service. Automated tax monitoring system. – [Electronic resource]. – Access mode: https://www.nalog.ru/rn77/related_activities/analytical_activities/automated_monitoring_system/.
11. Russian Newspaper. Artificial intelligence helps tax officials. – [Electronic resource]. – Mode up tostupa: https://rg.ru/2020/06/18/iskusstvennyj-intellekt-pomogaet-nalogovikam.html.
12. Tax Newspaper. Artificial intelligence in the fight for the safety of taxpayers. – [Electronic resource]. Access mode: https://www.nalog-ru.com/andex/news/iskusstvennyy-intellekt-v-borbe-za-bezopasnost-nalogoplatelsh/1578528872.html.
13. Recommendations for the use of artificial intelligence in tax administration, European Commission (2019). – [Electronic resource]. – Mode of access: https://ec.europa.eu/info/sites/info/files/recommendations-use-artificial-intelligence-tax-administration_en.pdf.
14. General Data Protection Regulation, European Union (2018). – [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN.
TAX LAW
AVANESYAN Maxim Alexandrovich
student of the 4th course of the Higher School of Law of the Institute of Management and Territorial Development of the Immanuel Kant Baltic Federal University
TAX ADMINISTRATION: ESSENCE AND DEVELOPMENT
In this paper, the author examines the essence and development of tax administration through digital technologies. Its goals and functions are investigated. The author also highlights the main changes in the principles of building administration. It is proposed to introduce changes to the digital services of the tax authority to improve the tax culture of taxpayers. In addition, performance statistics on the use of an automated complex are provided.
Keywords: tax administration, principles, essence, concept, digitalization.
References
1. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ (as amended on March 18, 2023) (as amended and supplemented, effective from May 18, 2023). [Electronic resource]. – Access mode: ATP “Consultant Plus”.
2. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030”. [Electronic resource]. – Access mode: ATP “Consultant Plus”.
3. Order of the Federal Tax Service of Russia dated March 14, 2016 No. ММВ-7-12/134@ “On Approval of the Regulations on the Automated Information System of the Federal Tax Service (AIS “Nalog-3”). [Electronic resource]. – Access mode: ATP “Consultant Plus”.
4. Letter of the Federal Tax Service of Russia dated 03.06.2016 No. ED-4-15/9933@ “On the assessment of risk signs of RMS”. ). [Electronic resource]. – Access mode: ATP “Consultant Plus”.
5. Anisimova A. A. The quality of tax administration in the context of digitalization of the economy: world experience // Finance and credit. – 2019. – T. 25. No. 11 (791). – S. 2508-2520.
6. Kalashnikova E. B., Emelshina K. A. The essence and concept of “tax administration” // Problems of enterprise development: theory and practice. – 2020. – No. 1-3. – P. 63-68.
7. Petukhova R. A. Grigorieva Ya. A. Tax administration in the digital economy // Vestn. Volume. state university Economy. – 2019. – No. 46. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalogovoe-administrirovanie-v-usloviyah-tsifrovoy-ekonomiki (date of access: 05/18/2023).
8. Reunova L. V., Mamiek L. A., Prigoda L. V., Paladova T. A. Development of tax control in the context of digitalization of the economy // New technologies. – 2021. – No. 4. – S. 103-110.
9. Sadikova N. V., Tselniker G. F. Tax administration and its essence // International Journal of the Humanities and Natural Sciences. – 2020. – No. 5-2. – P. 84-86.
10. Tyutyuryukov V. N., Tyutyuryukov N. N., Guseva N. M. Digitalization of tax administration and its analytical potential (on the example of Russia) // Information society. – 2023. – No. 1. – S. 55-64.
11. Shikhmetova A. F. Meylanova I. A. Tax administration in the Russian Federation and ways to improve its efficiency in modern conditions // Economics and business: theory and practice. – 2020. – No. 4-3. – S. 175-178.
12. Reports on the results of tax and other types of control). [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn77/related_activities/statistics_and_analytics/forms/ (date of access: 05/21/2023).
TAX LAW
FAIZOVA Kristina Alexandrovna
assistant of Financial and administrative law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
TRANSFORMATION OF TAX CONTROL IN THE CONTEXT OF DIGITALIZATION
The article discusses issues related to the key aspects of the transformation of tax control in the context of digitalization. The article discusses the concept of digital transformation, key directions and methods of digitalization of tax control, as well as tax control tools used in the framework of digitalization of the national economy. To date, high-quality software is used in the work of tax authorities that carry out control actions, allowing them to promptly carry out tax control and administration in compliance with tax legislation. In the context of the impact of the digital transformation of tax control on legal regulation, the following transitional provisions are noted: the implementation of tax procedures in digital form involves the implementation of all tax control measures in the same form; as well as the exclusion of corrupt actions and the human factor from the tax control process. The problems and measures to resolve them are highlighted, which are necessary for the implementation by the state during the transformation of tax control in the conditions of digital reality.
Keywords: transformation, tax control, digitalization, digital transformation, tax, tax authorities, taxpayer.
References
1. Gashenko I. V., Zima Yu. S. Development of information and communication environment in tax administration // Bulletin of SRSPU NPI. – 2021. – T. 14. – No. 3.
2. Kozhanchikov O. I., Shalev I. A. Tax control in the system of tax administration and directions of its development // Central Russian Bulletin of Social Sciences. – 2023. – T. 18. – No. 1.
3. Larionova M. E., Aleksandrova Zh. P. Problems of introducing digitalization in the system of tax administration in the Russian Federation // Trends in the development of science and education. – 2023. – No. 93-3.
4. Mishustina A. Yu. Features of tax policy in the context of digitalization // World Science. – 2023. – No. 3 (72).
5. Faizova K. A. Legal regulation of digitalization of tax control in the system of ensuring tax security // Bulletin of BIST (Bashkir Institute of Social Technologies). – 2023. – No. 1 (58).
6. Tsareva O. A., Omurova S. K. Vectors of development of the tax system in the context of digitalization // Actual issues of modern economics. – 2023. – No. 1.
BUSINESS LAW
ALLAKHVERDIEV Arman Khatai ogly
master of jurisprudence, postgraduate student of Сommercial law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
MODELS OF LEGAL REGULATION OF COMPLIANCE IN COMMERCE
The article is devoted to the analysis of models of legal regulation of compliance in commerce. The author criticizes the current model of compliance. Alternative models of compliance regulation based on the analysis of foreign experience are proposed. The Ministry of Justice plays an important role in the legal regulation of compliance. The results of this research can be used to improve existing legislation.
Keywords: compliance, model of legal regulation, exemption from liability, reduction of liability.
References
1. Vaskovsky E. V. Textbook of civil law. – M., 2016 (Series “Classics of Russian civil law”). – S. 53.
2. Commercial law: a textbook for universities / Ed. ed. E. A. Abrosimova, V. A. Belov, B. I. Puginsky. – M., 2022. – S. 16-17.
3. Lebedev KK Legal service of business. – M., 2011. – S. 13.
4. Petrazhitsky L. I. The rights of a bona fide owner to income from the point of view of dogma and politics of law. – M., 2002 (Series “Classics of Russian civil law”). – P. 220 – 300.
5. Puginsky B. I., Semenkina N. A. Legal work. – M., 2019. – S. 37.
6. Salygin E. N. Modeling in law: problems and prospects // Law. Journal of the Higher School of Economics. – 2013. – No. 3. – P. 12-35.
7. Sushkova O. V. Features of the application of the antimonopoly compliance mechanism in the field of advertising of pharmaceuticals and medical devices // Antimonopoly compliance as an effective tool for preventing violations / collection of articles, ed. S. A. Puzyrevsky. – M., 2019. – S. 195.
8. Cherdantsev A. F. Logical and linguistic phenomena in jurisprudence. – M., 2012. – S. 220-221.
9. The French Commercial Code in English. [Electronic resource]. – Mode of access: https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000005634379 (accessed 15.02.2023).
10. German corporate governance code in English. [Electronic resource]. – Access mode: https://www.dcgk.de/en/code.html (date of access: 15.02.2023).
BUSINESS LAW
Keywords: bankruptcy, developer, fund, rights, interests, equity participation, guarantees, court, regulatory body.
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor, professor of State and legal disciplines sub-faculty of the Institute of Law of the Pacific State University
IVANOV Vyacheslav Alexeevich
magister student of the Institute of Law of the Pacific State University
THE FUND FOR THE DEVELOPMENT OF TERRITORIES IN THE MECHANISM OF PROTECTION OF SHAREHOLDERS IN THE BANKRUPTCY OF THE DEVELOPER
The article attempts to consider the guarantees of protection of Russian citizens in the housing sector, enshrined in federal legislation. As one of them, the authors investigate the Territorial Development Fund, whose activities are aimed at solving problems of completing housing construction and obtaining their apartments by shareholders. The article also provides a brief overview of judicial practice, provides analytical data in the field of bankruptcy of the developer.
Keywords: bankruptcy, developer, fund, rights, interests, equity participation, guarantees, court, supervisory authority.
References
1. Decision of the Arbitration Court of the Khabarovsk Territory dated September 12, 2022 in case No. А73-11887/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/KCfXVTBenANd/ (date of access: 05/16/2023).
2. Insolvency (bankruptcy): Training course. In 2 volumes / Ed. S. A. Karelina. T. 1. – M.: Statute, 2019. – S. 24-35.
3. Federal Law No. 214-FZ of December 30, 2004 “On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Some Legislative Acts of the Russian Federation” (as amended on October 16, 2006) // Collected Legislation of the Russian Federation . – 2005. – Art. 27.
4. Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (as amended on December 28, 2022) // Collected Legislation of the Russian Federation. – 2002. – No. 43. – Art. 4190.
5. Federal Law of July 29, 2017 No. 218-FZ “On a public law company to protect the rights of citizens participating in shared construction in the event of insolvency (bankruptcy) of developers and on amendments to certain legislative acts of the Russian Federation” // Collected Legislation of the Russian Federation. – 2017. – No. 31 (part I). – Art. 4767.
BUSINESS LAW
ZHILENKOVA Tatyana Valerjevna
associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice
THE CURRENT LEGISLATION AND THE AGREEMENT ON THE RELATIONSHIP OF BUSINESS ENTITIES
The contract law of the Russian Federation has undergone significant changes in connection with the reform of civil legislation. Many changes were dictated by the need for legal regulation of relations between economic entities. The principle of conscientiousness of participants in civil turnover also received an impetus in development. At the same time, legislation and judicial practice are formed without taking into account such a factor as the duration of economic relations, which gives the party of the legal relationship a reasonable expectation of certain behavior from the counterparty. This article discusses some aspects of the legal regulation of entrepreneurial activity that prevent the formalization of agreements on the relationship of business entities.
Keywords: contract, good faith, entrepreneurial activity, partnership agreements, relational contract, freedom of contract.
References
1. Contractual and obligation law (general part): article-by-article commentary on articles 307–453 of the Civil Code of the Russian Federation [Electronic edition. Edition 1.0] / Rev. ed. A. G. Karapetov. – M.: M-Logos, 2017. – 1120 p.
2. Zaitseva N. V. Implementation of the theory of relational contracts in modern practice // Journal of Russian law. – 2021. – No. 2. – P. 56-72.
3. Kirpichev A. E. Non-classical theories of the contract (contract-promise, discrete, relational and network contracts) in the context of the new edition of the Civil Code of Russia // Laws of Russia: experience analysis, practice. – 2016. – No. 2. – P. 51-58.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
NON-PROFIT ORGANIZATIONS AS PARTICIPANTS IN ENTREPRENEURIAL RELATIONS FOR THE IMPLMENTATION OF ENTREPRENEURIAL ACTIVITIES: DISCUSSION ISSUES
The article provides an analysis of one of the most controversial issues of modern business law – the possibility of classifying non-profit organizations as business entities. Despite the extensive scientific literature, there is still no consensus in science regarding the legal status of non-profit organizations in the system of subjects of business law. We are close to the point of view of D. P. Zaikin, who revealed the legal nature of a non-profit organization on the example of German legislation on foundations.
As a conclusion, we substantiate the position that the only significant criterion for distinguishing a commercial organization from a non-profit organization is the prohibition of profit distribution between the participants / founders of a non-profit organization
Keywords: non-profit organizations, entrepreneurial activity, subjects of entrepreneurial law, income-generating activities, profit.
References
1. Entrepreneurial law: a modern view: a monograph / E. A. Abrosimova, V. K. Andreev, E. G. Afanasyeva and others; resp. ed. S. A. Karelina, P. G. Lakhno, I. S. Shitkina. – M.: Yustitsinform, 2019. – 600 p.
2. Legal entities in Russian civil law: monograph: in 3 volumes / Responsible. ed. A. V. Gabov. – M.: IZiSP, INFRA-M, 2015. – V. 2: Types of legal entities in Russian legislation. – 352 p.
3. Zaikin D.P. General theoretical model of a legal entity fund in the context of two dichotomies // Bulletin of Civil Law. – 2020. – No. 5. – P. 7-72.
BUSINESS LAW
BALASHOV Evgeniy Vladimirovich
Ph.D. in Law, associate professor, Russian University of Transport; Russian State Humanitarian University
SHOROKHOVA Alexandra Andreevna
Ph.D. in Law, associate professor, Russian State Humanitarian University
LEGAL REGULATION OF DIGITAL TECHNOLOGIES WHEN ENSURING COMPETITION
The author of the article gives an assessment of the state of the aspect of legal regulation affecting such a sphere of social interaction as the use of digital technology. The article analyzes the needs and requirements for adapting the rule of law to solve legal problems that arise in connection with the development and use of digital technologies and their products. The categories of legal personality and protection of digital technologies, as well as the basics of their legal regulation are considered. In addition, ways to protect rights in the digital sphere are defined, the development of legislation in terms of establishing the responsibility of both developers and users of digital programs is considered. The study assesses the formation of approaches necessary for the most complete and objective activities aimed at high-quality legal regulation of the means and areas of digitalization. In addition, the article reveals the author’s model of considering the legal status of digital technologies through the prism of general issues of regulating the status and establishing responsibility and applied aspects of the use of individual technologies (Artificial Intelligence, Internet of Things, Blockchain, big data, etc.). Separately, the trend of marginalization of the digital sphere of law is noted, the limited adaptive capabilities of traditional legislation in the regulation of digital technologies are emphasized.
Keywords: digitalization, technical progress, offense, regulation, crime, methodological approach.
References
1. Boychenko I. S. Development of information exchange in the process of electronic interaction in the context of digitalization // Bachilov readings: Proceedings of the fourth international scientific and practical conference, Moscow, February 05-06, 2022 / Ed. ed. T. A. Polyakova, A. V. Minbaleev, V. B. Naumov / Institute of State and Law of the Russian Academy of Sciences. – Saratov: Amirit Limited Liability Company, 2022. – P. 114-124.
2. Lenkov I. N., Payukhina L. S. Evolution of financial intermediation under the influence of digitalization processes // Insurance business. – 2022. – No. 12 (357). – P. 35-40.
3. Decree of the President of the Russian Federation of May 7, 2018 No. 204 “On national goals and strategic objectives for the development of the Russian Federation for the period up to 2024” // Collected Legislation of the Russian Federation. 05/14/2018. No. 20. No. 2817.
4. Iskadzhyan S. O., Kiseleva I. A., Tramova A. M. [et al.] Importance of the information environment factor in assessing a country’s economic security in the digital economy. – 2022. – Vol. 12. No. 6. – P. 691-697.
5. Dorofeev A. N., Panina O. V., Zubets A. Zh. [et al.] Analysis of the digitalization of public administration: innovations and prospects // Forging and stamping production. Processing of materials by pressure. – 2022. – No. 11. – P. 100-105.
6. Guidance on a risk-based approach to virtual assets and virtual asset service providers. The document was presented at the FATF meeting in Paris. [Electronic resource]. – Mode of access: www.fatf-gafi.org/publications/fatfrecommendations/documents/Guidance-RBAvirtual-assets.html (accessed 21.04.2023).
7. Krivonosova Zh. V. The significance and role of digitalization in the formation of a universal culture and its impact on modern society // Academic Council. – 2023. – No. 4. – P. 250-255.
8. Bainiyazova Z. S. Digitalization and development of the Russian legal systemKeywords in conditions of legal uncertainty // Uncertainty of law: philosophical understanding and legal significance: Monograph / Under the general editorship of O. Yu. Rybakov. – Moscow: Prospekt Limited Liability Company, 2023. – P. 246-261.
9. Baturin Yu. M., Polubinskaya S. V. Artificial intelligence: legal status or legal regime? // State and law. – 2022. – No. 10. – P. 141-154.
10. Gromova N. S., Pashchuk E. O. Digitalization of legal education: social and legal problems and prospects // Bulletin of innovative technologies. – 2022. – V. 6. No. 4 (24). – P. 74-78.
BUSINESS LAW
KLEVTSOV Ruslan Vyacheslavovich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MASLENNIKOVA Lyudmila Vladimirovna
Ph.D. in Law, associate professor, associate professor of International private and entrepreneurial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
LEGAL FEATURES OF BANKRUPTCY OF INDIVIDUALS IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES
The article discusses the widespread practice of lending to the population and its consequences, including the problem of the impossibility of paying debts and the possibility of using the institution of failure of individuals to solve this problem. It also considers the legislation on bankruptcy of individuals in various countries of the world and its regulation. At the end of the text, additional programs and support mechanisms for individuals in difficult financial situations are mentioned. Bankruptcy of individuals is a procedure that allows an individual who is unable to pay debts to obtain financial relief. In Russia, the bankruptcy of individuals is regulated by the Federal Law “On Insolvency (Bankruptcy)”. The bankruptcy procedure for an individual includes an assessment of the property and debt load, as well as a plan for paying off creditors. As a result of the successful completion of the bankruptcy procedure, an individual can be released from debt and start a new life with a clean slate. However, it is worth noting that bankruptcy is a last resort and can negatively affect your credit history and the possibility of obtaining loans in the future.
Keywords: bankruptcy of individuals, lending, Federal Law.
References
1. Maslennikova L. V., Zalesnaya D. S. Goals and objectives of the institution of insolvency (bankruptcy): comparative characteristics of Russian and foreign legislation // Young scientist. – 2016. – No. 29 (133). – P. 453-455.
BUSINESS LAW
ANTONYAN Armen Karapetovich
consultant of the legal department of the Ministry for regulation of the contract system in the field of procurement of the Perm Territory, master student of the Perm State National Research University
OPENNESS OF THE CONTRACT SYSTEM AS A TOOL TO ENSURE STABILITY AND CERTAINTY OF GOODS, WORKS, SERVICES PURCHASED FOR PUBLIC NEEDS
The article discusses some issues related to the legal content of the principle of openness of the contract system. This legislative principle is compared with similar legal categories of the Civil Code of the Russian Federation in conjunction with the principle of stability of civil circulation. The author comes to the conclusion that the establishment of the principle of openness of the contract system is a means of ensuring the stability of the circulation of goods, works, services purchased for public needs.
Key words: openness (transparency), procurement, procurement participant, customer, turnover stability, contract system openness, UIS, USRN, USRLE.
ANTONYAN Armen Karapetovich
consultant of the Legal Department of the Ministry for Regulation of the Contract system in the Field of Procurement of the Perm Region, magister student of the Perm State National Research University
OPENNESS OF THE CONTRACT SYSTEM AS A TOOL FOR ENSURING STABILITY AND CERTAINTY OF THE TURNOVER OF GOODS, WORKS, SERVICES PURCHASED TO MEET PUBLIC NEEDS
The article discusses some issues related to the legal content of the principle of openness of the contract system. This legislative principle is compared with similar legal categories of the Civil Code of the Russian Federation in relation to the principle of stability of civil turnover. The author comes to the conclusion that the establishment of the principle of openness of the contract system is a means of ensuring the stability of the turnover of goods, works, services purchased to meet public needs.
Keywords: openness (transparency), procurement, procurement participant, customer, turnover stability, openness of the contract system, EIS, EGRN, USRLE.
References
1. Boltinova O. V. On the implementation of the principle of transparency (openness) of the budget // Actual problems of Russian law. – 2013. – № 7.
2. Gadzhiev G. A. Constitutional principles of a market economy (Development of the foundations of civil law in the decisions of the Constitutional Court of the Russian Federation). – M.: Jurist, 2004.
3. Gruzdev VV Civil law principle of turnover stability // Lawyer. – 2017. – № 23.
4. Egorova A. S. The principle of contract stability under the civil legislation of the Russian Federation: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2011.
5. Povetkina N. A., Khazova E. V. Integrated information systems for managing public finances in ensuring transparency of the budgetary system of the Russian Federation // Journal of Russian Law. – 2014. – № 9.
6. Pyatkovskaya Yu. V. Transparency as a fundamental principle of public spending: a legal mechanism for implementation // Russian Justice. – 2016. – № 10.
7. Shmeleva M. V. Civil law regulation of contractual relations in state and municipal procurement in the Russian Federation: dis. … cand. legal Sciences. – Saratov, 2013.
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
PROBLEMS OF CLASSIFICATION OF SUBJECTS OF ENTREPRENEURIAL LAW IN RELATIONS FOR THE IMPLEMENTATION OF ENTREPRENEURIAL ACTIVITIES
The article examines the issues of classification of subjects of business law in “horizontal” business relations, i.e. relations for the direct implementation of entrepreneurial activities. Despite the fact that this issue can be classified as one of the basic ones in the science of business law, there is still no consensus that contributes to the development of business law both as an academic discipline and as a practice-oriented legal education. The author criticizes the approach to the differentiation of business entities that is common in educational literature. As a conclusion, we substantiate the position that in business law the classification of its subjects is intended, first of all, to show the volume of legal capacity of persons in “horizontal” business relations. In accordance with this task, it is necessary to differentiate the entities directly engaged in entrepreneurial activity.
Keywords: subjects of entrepreneurial law, entrepreneurial activity, “horizontal” relations, commercial organizations, individual entrepreneur, legal capacity.
References
1. Netishinskaya L. F. Entrepreneurial Law: Textbook. – Krasnodar, 2019.
2. Zakharova A. E., Utenyazova A. U. Classification of subjects of business law and its significance // Young scientist. – 2021. – No. 45 (387). – [Electronic resource]. – Access mode: https://moluch.ru/archive/387/85151/ (date of access: 04/11/2023).
3. Malyutina O.A. Legal restrictions on entrepreneurial activity in Russia // Legal Technique. – 2018. – № 12.
4. Types of activities for IP 2023. – [Electronic resource]. – Access mode: https://p21001.ru/articles/vibor-deyatelnosti-ip/ (date of access: 04/11/2023).
5. Gusyakov V. Yu. Participants of entrepreneurial relations in the oil and gas industry // Law and Economics. – 2018. – No. 3. – P. 14-24.
6. Stepin A. B. Legal status of small businesses // Lawyer. – 2019. – No. 9. – S. 19-24.
CORPORATE LAW
PANABERGENOVA Jamilya Tairovna
doctoral student of the Berdakh Karakalpak State University, Nukus, Republic of Uzbekistan
FORMATION OF CORPORATE GOVERNANCE: LEGAL ANALYSIS
This article analyzes the formation of corporate governance in Western countries from a legal point of view. The author paid great attention to the study of scientific works on corporate governance in order to determine the stages of its development. The article also highlights the regulations that laid the foundation for corporate governance in the Republic of Uzbekistan, and identifies the factors influencing the development of legislation in the field of corporate governance.
Keywords: corporate governance, comparative corporate law, scientific doctrine.
References
1. Gulyamov S. S. Concept, types and forms of corporate control and management. // Review of the legislation of Uzbekistan. 2014. No. 1-2.
2. Gulyamov S. S., Rakhmonkulov Kh.R. Corporate law. // T.:TDUI. 2014.
3. Gillis J., Bartha P., Leblanc R. Structure versus function: the evolution of corporate governance (on the example of the USA) // PUSS. 2015. No. 12.
4. Levushkin A. N. Conflict of interests in joint-stock and corporate legal relations // International Scientific Research Journal. 2022. No. 3 (117). P. 134. DOI: 10.23670/IRJ.2022.117.3.064
5. Nikishova M. I. Application of artificial intelligence technologies in the corporate governance system. Dis. … cand. legal Sciences. Moscow, 2021.
6. Petrov M.A. Stakeholder Theory: Ways of Practical Application // Bulletin of St. Petersburg University. Management. 2004. No. 2.
7. Schrader David E. Good for business, good for society, or business ethics // Finance: theory and practice. 2004. No. 4.
8. Berle, A., and G. Means. The Modern Corporation and Private Property. N.Y.: Macmillan, 1932.
9. Brian R. Cheffins. The History of Corporate Governance. Working Paper No. 184/2012 January 2012. ECGI Working Paper Series in Law. University of Cambridge and ECGI.
10. Brian R. Cheffins. The History of Corporate Governance. Working Paper No. 184/2012 January 2013. ECGI Working Paper Series in Law. University of Cambridge and ECGI.
11. Freeman R. E. Strategic management: A stakeholder approach. Boston, 1984.
12. John Armour, Henry Hansmann, Reinier Kraakman & Mariana Pargendler. What is Corporate Law, in reinier kraakman et al., the anatomy of corporate law: a comparative and functional approach // 2017. 3d ed.
13. La Porta R., Lopez-de-Silanes F., Shleifer A. and Vishny R. W. Legal Determinants of External Finance // Journal of Finance. V 3.
14. Morck R. A History of corporate governance around the world // Chicago. NBER. 2005.
15. Nader, R., M. Green M. and J. Seligman. Taming the Giant Corporation. W. W. Norton: New York, 1976.
16. Ocasio W. and Joseph J. Cultural Adaptation and Institutional Change: The Evolution of Vocabularies of Corporate Governance, 1972-2003. // USA. Poetics. V 33.
17. Reinier r. Kraakman et al., The anatomy of corporate law: a comparative and functional approach 2004.
18. Wells H. The Birth of Corporate Governance // Seattle University Law Review V 33.;
19.Wood W.A. Modern Business Corporations. The Organization and Management of Private Corporations. Indianapolis, The Bobbs-Merrill Company, 1906. 600 p.; Magdanov P.V. The history of the emergence of corporations before the beginning of the 20th century // Ars Administrandi. 2012. No. 4.
CORPORATE LAW
DEDKOVSKIY Ilya Vladimirovich
postgraduate student of the “Moscow Financial and Industrial University “Synergy””
EXPENSES ON SANATION OF BANK: STRUCTURE AND APPLICATION WITH RETROACTIVE FORCE
The article deals with the problematic issues of application of the paragraph 2 of the article 189.23 (5) of the Law on bankruptcy, which sets the rules for calculation of the Bank of Russia expenses on measures aimed at preventing the bankruptcy of credit organization. These expenses are subject to compensation by the controlling persons of the credit organization. The article considers also the questions of application of the researched norm with retroactive force, the structure of reimbursable expenses. The author comes to a conclusion about the lack of retroactive force of the researched norm, about inclusion of expectation damages into the reimbursable expenses.
Keywords: bank rehabilitation, controlling persons, financial assistance, rehabilitation costs, retroactive force.
References
1. Akuzhinov A. Recovery from Bank of Russia “expenses” for reorganization from persons controlling the bank (Article 189.23 (5) of the Bankruptcy Law): in search of corrective justice // Civilistics. – 2022. – No. 3. – P. 47-70.
2. Volozhanin V. P. Legal assumptions in the Soviet civil law and process: author. dis. … cand. legal Sciences. – Sverdlovsk, 1953.
3. Egorov A. V. Atypical losses under par. 2 p. 5 art. 189.23 Bankruptcy law: paradox or hidden meaning? // Bulletin of Civil Law. – 2021. – No. 4. // SPS “ConsultantPlus”.
4. Reshetnikova I. V. Course of evidentiary law in Russian civil proceedings. – M., 2000.
5. Sklovsky K. I. On the legal nature of the claim for the recovery of losses in the event of bank reorganization on the basis of paragraph 5 of Art. 189.23 of the Bankruptcy Law // Problems of civil law in judicial practice and legislation: Collection of articles dedicated to the anniversary of Professor Vasily Vladimirovich Vitryansky / Ed. ed. E. A. Sukhanov. – M.: Statut, 2021. – P. 217-245.
6. Tarbagaeva E. B. The role of legal presumptions in the process of judicial proof and knowledge // Jurisprudence. – 1982. – № 3.
7. Fedotov A. V. The concept and classification of evidentiary presumptions // Journal of Russian law. – 2001. – No. 4.
CORPORATE LAW
FEDOTOVA Irina Yurjevna
postgraduate student of the Peoples’ Friendship University of Russia
LEGAL REGULATION OF RELATED PARTY TRANSACTIONS IN COMMON LAW COUNTRIES
In the course of ordinary business activities of any company, various transactions can be concluded in which there is an interest of persons who can influence the formation of the will of company. In order to make meaningful decisions on the issues of legal regulation of the conclusion and fulfilment of such transactions, in this paper it is possible to study the experience of foreign countries, in particular, to turn to the approach of solving the issue of related party transactions in the UK and America, to get acquainted with the doctrines of foreign lawyers and judicial practice. It is worth noting that the common law system ensures proper regulation of transactions with related parties through case law and court decisions.
Keywords: conflict of interest, judicial precedent, transactions with related parties, fiduciary, presumption of good faith, abuse of authority.
References
1. Blair M. M., Stout L. A. Trust, trustworthiness, and the behavioral foundations of corporate law // University of Pennsylvania Law Review. 2001 Vol. 149. No. 6. P. 1735–1810.
2. Chadien C. The Law on Corporate Opportunity Transactions by Directors: A Comparative Analysis of Delaware Law and Australian Law // GSTF Journal of Law and Social Sciences. 2016. Vol. 5. No. 3. P. 28-37.
3. Davies M., Paterson R., Wilson A. United Kingdoom Generally Accepted Accounting Practice. [Electronic resource]. – access mode: https://link.springer.com/chapter/10.1007/978-1-349-13819-7_28 (date of access: 05/28/2023).
4. Gözlügöl A. A. Blinded by “Fairness”: Why We Need (Strong) Procedural Safeguards in Screening Self-Dealing and Obtaining a Fair Price Is Not the Answer // European Business Organization Law Review. 2022 Vol. 23. No. 3. P. 633-669.
5. Hebert P. M., Pettway J. M. Sales of Another’s Movables – History, Comparative Law, and Bona Fide Purchases // Louisiana lae Review. 1969 Vol. 29. No. 2. P. 329-360.
6. Pizzo M. Related party transactions under a contingency perspective // Journal of Management & Governance. 2013. No. 17. P. 309-330.
DIGITAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ADVANTAGES AND DISADVANTAGES OF IMPLEMENTING NEURAL NETWORKS IN LEGAL ACTIVITIES
The article raises the question of the applicability of artificial intelligence technologies to the implementation of tasks related to the application of legal norms. Possible options for using neural networks in various legal fields are shown, a list of useful properties is given, which remains open at this stage of technology development. The paper contains an overview of the foreign experience of artificial intelligence competition and leading lawyers in the UK. The possible problems that will need to be solved when introducing artificial intelligence into the legal sphere are highlighted.
Keywords: neural network, legal activity, automation.
References
1. Pravo.ru: article “Legal robots: how technology will change the work of law firms” dated 02.02. 2016. – [Electronic resource]. – Access mode: https://pravo.ru/story/view/125603/ (date of access: 05/08/2023).
2. Hi-News.ru: article “AI defeated the best London lawyers” dated 11/03/2017. – [Electronic resource]. – Access mode: https://hi-news.ru/technology/ii-pobedil-luchshix-londonskix-yuristov.html (date of access: 05/12/2023).
3. Magomedova M. A., Gitinov Kh. Kh., Kurbanov T. K. Trends in the use of neural networks in jurisprudence: a collection of conference proceedings // Current areas of scientific research: development prospects: materials of the XI International scientific and practical conference (Cheboksary, 14 Feb. 2020) / Editorial Board: O. N. Shirokov [and others] – Cheboksary: Center for Scientific Cooperation “Interactive Plus”, 2020. – P. 89-90. – ISBN 978-5-6044117-7-3.
4. Solomko D. S., Antoniadi K. S., Koval O. I. Architecture Trends in the use of neural networks in jurisprudence // Colloquium-journal. – 2019. – No. 24 (48). – P. 47-48.
5. Kirova L. M., Makarevich M. L. Innovative economy: Prospects for development and improvementniya // Legal aspects of the use of neural networks. – 2018. – No. 1 (27). – P. 58-63.
6. Kokov I. Kh., Leskina E. I. The concept and essence of neural networks: legal aspect // Scientific and practical electronic journal Alley of Science. – 2020. – No. 11 (50).
CRIMINAL LAW
BAYRAMOV Ramzi Radzhabovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
GABDULKHAKOV Marcel Faniljevich
LL.B, competitor for a master’s degree of the MGIMO (U) of the MFA of Russia
FILIPOV Artyom Rudolfovich
Ph.D. in Law, senior lecturer, associate professor of Criminal Law disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
PROBLEMS OF COMBATING CRIMES IN THE SPHERE OF THE FUEL AND ENERGY COMPLEX
The article considers the problems of combating crimes in the sphere of the fuel and energy complex. The authors analyze the main types of crimes committed in this area, as well as the causes of their occurrence. Particular attention is paid to the issues of crime prevention and the effectiveness of the existing system of criminal prosecution. It is concluded that in the field of the fuel and energy complex there are serious problems associated with combating crime. The problems of combating crimes in the fuel and energy sector require an integrated approach and joint efforts on the part of government agencies, businesses and the public. It is necessary to improve legislation, increase the effectiveness of law enforcement agencies, improve the protection of fuel and energy facilities, and fight corruption and other forms of crime.
Keywords: fuel and energy complex, crimes, corruption, terrorism, cyber attacks.
References
1. Gataullin A. I., Gumerov R. R. Actual issues of prevention and investigation of crimes in the sphere of the fuel and energy complex // Scientific and practical electronic journal Alley of Science. – 2017. – No. 10. – [Electronic resource]. – Access mode: http: www.alley-science.ru (date of access: 15.04.2023).
2. Velezhev S. I. Modern problems of combating crimes in the sphere of the fuel and energy complex // Proceedings of the All-Russian Scientific and Practical Conference with International Participation “Penitentiary Security: National Traditions and Foreign Experience”. – 2022.
3. Velezhev S. I., Sedogin A. M. Criminological features of corruption crimes in the sphere of the fuel and energy complex // Bulletin of the Samara Law Institute: scientific and practical journal. – 2020. – No. 4 (40).
4. Minnikayeva G. F., Vildanov I. R. Operative-investigative support for the prevention and detection of crimes in the sphere of the fuel and energy complex // Theory and practice of modern science. – 2017. – No. 11 (29).
5. Pleshakov A. M., Osipov V. A. Criminal liability for theft of oil or oil products and for their illegal acquisition: qualification issues // Bulletin of economic security. – 2018. – No. 3.
CRIMINAL LAW
BALABKIN Dmitry Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the St. Petersburg Polytechnic University of Peter the Great
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the St. Petersburg Polytechnic University of Peter the Great
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of the St. Petersburg Polytechnic University of Peter the Great
CHARACTERISTICS OF THE PERSONAL QUALITIES OF A CRIMINAL WHO COMMITS A CRIME AGAINST LIFE
The article discusses the characteristics of the personality of a criminal who commits crimes against life in the Russian Federation. Aspects of the personality of the offender, the motives for which he has the right to life in relation to a person are excluded. The authors presume that personal qualities determine a person’s predisposition to commit such a crime as murder, but do not guarantee that a person with such qualities will necessarily become a murderer in the future.
Keywords: murder, violence, murderer, criminal, crime, personality traits.
References
1. Vedenskaya O. Yu. Characteristics of the personality of Internet criminals // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (30). ─ P. 116-118.
2.Nikolaev B.V., Egorikhin A.S. Criminological portrait of a criminal who has committed a crime against life // Bulletin of PenzGU. – 2022. – No. 1 (37). – P. 34-39.
3. Kirillov S. I., Krivosheev S. V. Some features of the personality of persons committing crimes against life // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 5. – P. 83-86.
4. Criminology: a textbook for universities / V. I. Avdiyskiy [and others]; edited by V. I. Avdiysky, L. A. Bukalerova. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 301 p. – (Higher education). – ISBN 978-5-534-03566-7. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/510960 (date of access: 04/23/2023).
5. Indicators of crime in Russia // Prosecutor General of the Russian Federation. Legal Statistics Portal. [Electronic resource]. – Access mode: http://crimestat.ru/ (date of access: 25.04.2023).
CRIMINAL LAW
DONSKOVA Kseniya Gennadjevna
associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
SPILIOTI Vlada Igorevna
student of the 4th course of the Crimean branch of the Russian State University of Justice
ADMINISTRATIVE LIABILITY FOR ANTI-COMPETITIVE AGREEMENT AND CONCERTED ACTIONS
The article examines the problem of drug use and distribution in prisons. The types of drugs commonly found in prisons and the methods by which they are distributed vary widely, ranging from visitors and mail to recruitment of staff and smuggled drugs. Factors that promote drug use and distribution include the availability of drugs in the outside world, prison culture, the nature of the prison environment and the actions of prison staff.
Keywords: drugs, distribution in prisons, smuggling, visitors, personnel, legal documents.
References
1. UNU URL. [Electronic resource]. – Access mode: https://www.un.org/ru/ (date of access: 03/22/2023).
2. WHO URL. [Electronic resource]. – Access mode: https://www.who.int/ru (date of access: 22.03.2023).
3. EMCDDA URL. [Electronic resource]. – Access mode: https://www.emcdda.europa.eu/ (date of access: 03/22/2023).
CRIMINAL LAW
IVANOVA Liudmila Mikhaylovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East Siberian branch of the Russian State University of Justice
RELEASE FROM SERVING A SENTENCE ON PAROLE: TRENDS IN LEGAL REGULATION AND THEIR IMPACT ON LAW ENFORCEMENT PRACTICE
The article presents an analysis of changes in the criminal legislation for release from punishment on parole along the actuality period of the 1996 Criminal Code of the Russian Federation. Has been named the main points of changes and additions made to Art. 79 and their impact on law enforcement practice. The conclusion about the need for a balanced, science-based approach to lawmaking in the field of criminal law regulation of relations connected with release due to parole has been done.
Keywords: parole, release from punishment, serving a sentence, actual serving of a sentence, parole, calculation of punishment.
References
1. Aryamov A. A., Dolgopolov D. V. The institution of parole from serving a sentence in judicial practice // Russian Justice. – 2009. – No. 7 (39). – S. 54-59.
2. Dolgopolov D.V. The practice of application by courts of conditional early release from punishment // Criminal Law. – 2010. – № 4. – P. 20-23.
3. Sandulyak K. I. On the relationship between the norms of criminal procedure, criminal and penal law governing parole // Bulletin of the penal system. – 2016. – No. 7 (170). – P. 12-16.
4. Hilyuta VV Prospects for the development of the methodology of criminal law in the postmodern era // Journal of Russian law. – 2017. – No. 5. – P. 88-96.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, Associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF CRIMINAL LIABILITY FOR THEFT OF PROPERTY FROM AN ILLEGAL OWNER
The article analyzes the issues of qualification of theft of the stolen. Taking into account the provisions developed in civil law, the legal and actual content of property ownership is investigated, the existence of legal grounds for titular (legal) and non-titular (illegal) ownership is determined. Based on this, taking into account the provisions of criminal law, as well as the position developed by the Constitutional Court of the Russian Federation on the composition of theft, conclusions are formulated that for crimes against property, previously stolen property cannot be the subject of criminal encroachment. The theft of such property should be specified in an independent part of the crime.
Keywords: crime, theft, possession, theft of the stolen, legal owner, illegal owner.
References
1. Alekseev S. S. General theory of law: in 2 volumes. T. 1. – M .: Jurid. lit., 1981. – 359 p.
2. Dogma of Roman law: Lectures by prof. V. V. Efimova. [1-2]. – St. Petersburg, 1893-1894. – 2 tons; Special part. – 1894. – 380, XII p.
3. Russian civil law: Readings by D. I. Meyer, ed. according to zap. listeners, ed. A. Vitsina. – 3rd ed., Rev. – St. Petersburg, 1864. – [4], VI,[2]. – 790 p.
4. Malbin D. A. Ownership protection (possessory) in Russian civil law: dis. … cand. legal Sciences. – Saratov, 2014. – 221 p.
5. Ivanov S. A. The category of ownership in civil law: problems of theory and practice: author. dis. … cand. legal Sciences. – Krasnodar, 2011. – 26 p.
6. Sinitsyn S. A. Protection of ownership and rights in rem in the civil law of Russia and Germany: author. dis. … cand. legal Sciences. – M., 2010. – 30 p.
7. Sklovsky K. I. Ownership in the civil code // Law. – 2009. – No. 5. – P. 49-54.
8. Badaeva N. V. Ownership protection in the civil law of Russia // Law. – 2011. – № 1. – P. 103-113.
9. Dozhdev DV Roman private law: Proc. for universities / Ed. V. S. Nersesyants. – Moscow: Ed. group “INFRA-M”: Norma, 1996. – 685 p.
10. Hilyuta V. V. “Theft of the stolen” or the problem of legal protection of criminal possession // Legislation and Economics. – M.: Legislation and Economics, 2009. – No. 1. – P. 50-54
11. Lopashenko N. A. Crimes against property: teoret.-prikl. research – Moscow, 2005. – 405 p.
CRIMINAL LAW
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia Federation
CHARACTERISTICS OF THE COMPOSITION OF CRIMES UNDER THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, COMMITTED BY MEDICAL PERSONNEL
The increase in the number of crimes committed by medical personnel in the performance of their professional duties is relevant, which, in turn, implies the improvement of criminal legislation in this direction. The peculiarity of the investigation of criminal cases on crimes committed by medical personnel lies in their professional corporatism, which entails the loss or falsification of evidence already at the stage of initiation of a criminal case. The results of the forensic medical examination are decisive in deciding whether to bring a medical worker to criminal responsibility.
Keywords: corpus delicti, qualification of the crime, medical personnel, iatrogenic crimes, criminal law protection of the patient’s life and health.
References
1. Tatarkin VV Crimes of medical workers against life and health. Abstract … Ph.D. – Rostov-on-Don, 2007. – S. 13.
2. Talan M. V. Medical activity as an object of criminal law protection // Uchenye zapiski Kazanskogo universiteta. Series Humanities. – 2019. – No. 161 (1). – S. 141-150;
3. Galyukova M.I. Causing grievous bodily harm by negligence (Article 118 of the Criminal Code of the Russian Federation) // Bulletin of the South Ural State University. – 2010. Series: Law. – No. 25 (201). – S. 27-31.
4. Khromova N. M. Criminal liability in the field of medical activity: legal practice and legislative trends // Journal of Russian law. – 2019. – No. 6. – P. 98.
5. Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ.
6. Decisions of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17.
7. Bykova E. G., Yashkov S. A. On the possibility of a legal assessment of poor-quality medical services that resulted in the death of a patient, under Art. 238 of the Criminal Code of the Russian Federation // Bulletin of the Moscow University. Episode 11 – 2018. – No. 6. – P. 81.
8. Mishina V. “A doctor must not bind his hands with fear” // Kommersant. 2018. January 30. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3534057, free access.
CRIMINAL LAW
TERSENOV Manolis Afanasievich
Prosecutor of the second department of the Department for Supervision of the execution of criminal Procedure and operational investigative activities of the Prosecutor’s Office of the Tyumen Region, 1st class lawyer, postgraduate student of Tyumen State University
SOME REFLECTIONS ON THE INSIGNIFICANCE OF THE ACT IN THE QUALIFICATION OF EMBEZZLEMENT OF FUNDS FROM A BANK ACCOUNT (ITEM “D” PART 3 OF ARTICLE 158 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) p> The article analyzes the problems of using insignificance in the qualification of embezzlement of funds from a bank account. The commission of theft from a bank account is a qualified part of the specified crime, in connection with which the current criminal legislation establishes a more substantial scope of legal consequences for persons who have committed such illegal behavior. However, investigative and judicial practice demonstrates a large number of embezzlement of funds from a bank account, which have a relatively small degree of public danger. Based on the conducted research, the author formulated proposals for improving Article 158 of the Criminal Code of the Russian Federation in order to ensure fair punishment for embezzlement of funds from a bank account.
Keywords: theft; embezzlement of funds; theft committed from a bank account; insignificance.
References
1. Ossa E. G. Application of insignificance to the theft of funds from a bank account // Law and the rule of law in the focus of scientific research: a collection of scientific papers. Issue 3. – Khabarovsk, 2022. – P. 203-207.
CRIMINAL LAW
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAB Oxana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
QUESTIONS OF QUALIFICATION OF THREAT TO KILL OR CAUSE SERIOUS HARM TO HEALTH
The article deals with the controversial issues of qualification of a threat to kill or cause serious harm to health. Judicial practice of consideration of criminal cases under Art. 119 of the Criminal Code of the Russian Federation is not characterized by uniformity. There are cases of bringing to responsibility pursuant to Art. 119 with Art. 112 and 115 of the Criminal Code of the Russian Federation, even when the infliction of harm to health follows directly from the threat and is directed at one victim. The authors point out that such a qualification is only possible if these actions were committed against different victims. On the basis of the studied practice, the authors come to the opinion that the courts qualify actions under Art. 119 of the Criminal Code of the Russian Federation, indicating that it is the victim who must actually perceive this threat. According to the authors, proving that the victim really perceived this threat is the second step, first of all, it is necessary to prove that the perpetrator intentionally uttered this threat in order to cause fear in the victim. If real harm to health occurs, then in this case we should talk about other articles of Chapter 16 of the Criminal Code of the Russian Federation.
Keywords: threat of murder, harm to health, reality of threats, qualification of crimes, criminal liability.
References
1. Abyzov R. M. Problems of a comprehensive analysis of regional crime / R. M. Abyzov, P. D. Frizen, I. V. Botvin // Legal Bulletin of the Dagestan State University. – 2018. – T. 28. No. 4. – S. 139-143.
2. Determination of the Constitutional Court of the Russian Federation dated March 23, 2010 No. 368-О-О. – [Electronic resource]. – Access mode: https://legalacts.ru/doc/opredelenie-konstitutsionnogo-suda-rf-ot-23032010-n-368-o-o-ob/ (date of access: 04.05.2023).
3. Portal of legal statistics: official website. – [Electronic resource]. – Access mode: http://crimestat.ru/regions (date of access: 05/04/2023).
4. Ermakova O. V., Botvin I. V., Tarasova L. Ya. [et al.]. Crimes against person and property: problems of interpretation and qualification. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2020. – 64 p.
5. Verdict of the Nizhnevartovsk City Court of the Khanty-Mansiysk Autonomous Okrug No. 1-125/2022. – [Electronic resource]. – Access mode: https://xn--90afdbaav0bd1afy6eub5d.xn--p1ai/62609869 (date of access: 05/04/2023).
6. Sentence of the Industrial District Court of Barnaul No. 10-33/2017. – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/3oMudmO1sVZw/ (date of access: 05/04/2023).
7. Sentence of the Novoaltaysky City Court of the Altai Territory No. 1-217/2023. – [Electronic resource]. – Access mode: https://novaltaisky–alt.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=doc&number=236017934&delo_id=1540006&new=&text_number=1 (date accessed: 04.05.2023).
8. Sentence of the Chita District Court of the Trans-Baikal Territory No. 1-283/2021. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ (date of access: 05/04/2023).
CRIMINAL LAW
CHUKREEV Vadim Andreevich
Ph.D. in Law, Deputy Prosecutor, Prosecutor’s Office of the Sverdlovsk Region
CRIMINAL RESPONSIBILITY IN THE SPHERE OF SURROGACY MOTHERHOOD
The purpose of the work is to assess the quality of legal regulation of public relations inthe field of surrogate motherhood, to consider the possibility of strengthening criminal legal repressions for violations in this area. The method of system analysis, the formal legal method, the method of studying documents, the method of comparative analysis and other methods of scientific knowledge were used. The article explores various approaches to determining the legal nature of the surrogate motherhood process, an attempt was made to eliminate inter-industry collisions. The expediency of making adjustments to the current legislation on surrogate motherhood is considered, taking as a model some provisions of foreign legislation. It seems important to clearly define who exactly can use the technology of surrogate motherhood, excluding the widespread interpretation of the provisions of Art. 55 of the legislation on the protection of the health of citizens. The significance of the work lies in the fact that it formulates provisions aimed at certain preventive adjustments to the legislative framework.
Keywords: surrogate motherhood, exploitation, health protection, qualification problems, criminal law, contract, improvement of legislation.
References
1. Balandina A. For sale: five babies were found in a Moscow apartment. – [Electronic resource]. – Access mode: https://www.gazeta.ru/social/2020/06/23/13127743.shtml.
2. Maltseva V., Gorbunov F. Dear children: who organized a network for child trafficking in Moscow. – [Electronic resource]. – Access mode: https//iz.ru/1036407/.
3. Civil law: Textbook / Ed. A. P. Sergeev and Yu. K. Tolstoy. – T. 2. – M., 2005. – S. 36-39.
4. The practice of applying the Civil Code of the Russian Federation, parts two and three / Ed. V. A. Belova. – M., 2009. – S. 72-73.
5. Egorova L. Yu. Objective side – one of the most important signs of a crime – human trafficking // Russian investigator. – 2005. – № 3.
6. Chashkova Yu. S. The system of contractual obligations in Russian family law: Dis. … cand. legal Sciences. – M., 2007. – P. 173.
7. Mitryakova E. S. Legal regulation of surrogate motherhood in Russia: dis. … cand. legal Sciences. – Tyumen, 2007. – P. 81.
8. Shapiro I. M. Comparative legal analysis of the terms of surrogate motherhood contracts and paid services // Family and housing law. – 2018. – No. 3. – P. 22.
9. Pestrikova A. A. Problems of the contract on surrogate motherhood // Civil law. – 2006. – № 2. – P. 15-17.
10. Borisova T. E. Surrogacy in the Russian Federation: problems of theory and practice. – M.: Prospekt, 2012.
11. Savelyeva G. M., Sukhikh G. T., Serov V. N. Obstetrics. National leadership. 2nd edition. – M., 2018.
12. Chuprova A. Yu., Dolgushina N. V. On the issue of legal regulation of surrogate motherhood // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (52). – P. 102-109.
13. Svitnev KN Surrogate motherhood: problems of legal regulation and law enforcement // Legal issues of health care. – 2011. – No. 9. – P. 52-61.
14. Kosova O. Yu. Family Code of the Russian Federation and some issues of regulation of marriage and family relations // Jurisprudence. – 1996. – No. 2. – S. 46-53.
15. In Russia, for the first time, a surrogate mother was sentenced for human trafficking // Secret of the Firm. July 27, 2022. – [Electronic resource]. – Access mode: https://secretmag.ru/criminal/
16. The ICR completed the case on the sale of children from surrogate mothers // Kommersant. August 16, 2022. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5514006: child trafficking: investigators contacted former law enforcement officers Vesti, March 21, 2021. – [Electronic resource]. – Access mode: https://www.vesti.ru/article/2542711.
17. Naumov A. V. Russian criminal law. General part: Course of lectures. – M., 1996. – P. 154.
18. Kulakova N. G., Kharkovsky E. L. Responsibility for human trafficking under the current criminal legislation of the Russian Federation // Russian investigator. – 2005. – № 8.
19. Report of the Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and the production of other child sexual abuse material // Human Rights Council Thirty-seventh session 26 February-23 March 2018 Agenda item 3 Promotion and protection of all human, civil, political, economic, social and cultural rights, including the right to development.
20. Barras K. Why childbirth is so difficult and dangerous. https://www.bbc.com/russian/vert-earth-39554501//2017
CRIMINAL LAW
KNYAZKINA Anastasia Konstantinovna
Ph.D. in Law, associate professor, associate professor of the Department of criminal law and criminologyof the Kuban State University
IMPLEMENTATION OF THE INTERNATIONAL IMMUNITY STANDARDS IN THE RUSSIAN CRIMINAL LAW
The article examines the issues of implementation of the international legal norms providing for the granting of immunity into the Russian criminal legislation. The types of immunities, the procedure and scope of their provision on the basis of relevant international treaties are considered, and the conclusion is made about the completeness of the implementation of these norms in the Criminal Code of the Russian Federation.
Keywords: immunity, diplomatic agent, consul, special mission, head of an international organization.
References
1. Gigineishvili M. T. Immunity of senior officials: correlation between the practice of the International Court of Justice and the International Criminal Court // Eurasian Law Journal. 2022. No. 5 (168). pp. 33-38.
2. Inogamova-Khegay L. V. International criminal law: textbook. allowance. M.: Prospekt, 2015. 112 p.
3. Russian criminal law. General part: textbook for universities / Ed. V. P. Konyakhin and M. L. Prokhorova. M.: Contract, 2014. 560 p.
4. Prokhorova M. L., Knyazkina A. K., Silchenko E. V. Action of international criminal law in space // Society: politics, economics, law. 2022. No. 8 (109). pp. 43-52.
5. Criminal law of the Russian Federation. General part / Ed. B.C. Komissarov, N. E. Krylova, I. M. Tyazhkova. M., 2012. 879 p.
CRIMINAL LAW
ALKHIMENKO Yuliya Valerjevna
postgraduate student of the Faculty of Training Scientific Personnel of the University of the Prosecutor’s Office of the Russian Federation
PROSPECTS FOR APPLICATION OF ELECTRONIC CRIMINAL CASE IN THE RUSSIAN FEDERATION
The article discusses the prospects for the use of an electronic criminal case in the context of digitalization of criminal procedural evidence in the Russian Federation. The author analyzes the foreign experience of conducting criminal proceedings in electronic form which makes it possible to assess the prospects and feasibility of its introduction into domestic law. An analysis of the amendments made to the Russian criminal procedure law allows us to conclude that the legislator is progressively developing the rules governing the possibility of using an electronic criminal case.
Keywords: criminal trial, electronic criminal case, electronic evidence, electronic means of proof, electronic document, information system, digitalization, investigative actions, electronic information, electronic media.
References
1. Abdulvaliev A.F. Background and prospects for the introduction of an electronic form of a criminal case in the activities of the judiciary // Law and Politics. – 2013. – No. 1. – P. 58-65.
2. Strogovich M. S. The course of the Soviet criminal process: in 2 volumes. – M .: Nauka, 1968. – T. 1. – 470 p.
3. Silnov M. A., German A. S. The practice of using videoconferencing in criminal proceedings // Criminal process. – 2012. – No. 9. – P. 56-59.
4. Bashkatov Ya. N. and others. Criminal procedural law of the Russian Federation: textbook. / Rev. ed. I. L. Petrukhin, I. B. Mikhailovskaya. – 3rd ed., revised. and additional – M.: Prospekt, 2010. – 688 p.
5. Silnov M. A. On the deposition of evidence and the prospects of the institute of investigative judges // Investigative practice. Issue. 201. – 2017. – P. 95-101.
CRIMINAL LAW
IVANOVA Lyudmila Apollonovna
Ph.D. in Law, associate professor of Administrative law and administrative activities of the DIA of the East siberian Institute of the MIA of Russia, Irkutsk
DOMESTIC EXPERIENCE IN THE FORMATION OF CRIMINAL LIABILITY FOR ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The article examines the stage-by-stage historical prerequisites for the formation and development of Russian legislation in the field of combating illicit trafficking in narcotic drugs and psychotropic substances. Stage 1. Formation of legislation in the field of circulation of highly active and toxic substances (end of the 10th century – 15th century). Stage 2. Gradual systematization of norms for the legal circulation of potent and toxic substances (1497-1845). Stage 3. Formation of specific norms on criminal liability for the illegal circulation of potent and poisonous substances (1845-1922). Stage 4. Formation of a system of norms for the legal circulation of narcotic, potent and poisonous substances in Soviet law (1918-1960). Stage 5. Separation of crimes, the subject of which are narcotic drugs and psychotropic substances, from crimes, the subject of which are potent and poisonous substances. (1960-1966).
Keywords: narcotic drugs, circulation of psychotropic substances.
References
1. Russian legislation of the X-XX centuries. In 9 volumes. T. I. Legislation of Ancient Rus’. Ed. V. L. Yanina. – M.: Yurid. Lit., 1984. – S. 148-150.
2. Kalachev B. F. What do we know about this? From the history of the spread of drugs and drug addiction in Russia. The euphoria of decay. – M.: Young Guard, 1991. – S. 42-51.
3. Code of punishment for criminal and correctional punishments of the Russian Empire of 1845 – St. Petersburg: Printing house of the second branch of His Imperial Majesty’s own Chancellery, 1845. – P. 439.
4. Charter medical 1857 // Code of Laws of the Russian Empire. – Volume 13. – St. Petersburg, 1857. – Art. 651.
5. New Criminal Code. – St. Petersburg: Edition of the Kamennoostrovsky Legal Bookstore V.P. Anisimova, 1903. – S. 79.
6. Code of Laws of the Russian Empire in Five Books. Book Five. T. XIII-XIV.
7. Butler W. E. Drugs and HIV/AIDS in Russia: the legal status of harm reduction programs in Russia. – M., 2006. – S. 43.
8. Collection of documents on the history of the criminal legislation of the USSR and the RSFSR, 1917-1952. – M., 1953. – S. 28.
CRIMINAL LAW
KOSTENKO Alla Igorevna
postgraduate student of Criminal law sub-faculty of the Volgograd State University
THE PUNITIVE CONTENT OF THE RESTRICTION OF LIBERTY, ITS REFLECTION IN THE CRIMINAL LAW AND SPECIFICATION IN THE PROCESS OF LAW ENFORCEMENT
The article is dedicated to a comprehensive study of the punitive content of the restriction of liberty and its reflection in the criminal law. The author examines the key aspects, analyzes the components of the punitive function of this type of punishment. The issue of the sufficiency of the punitive potential of restriction of liberty and its compliance with the goals of imposing criminal punishment continues to be debatable. The problems of law enforcement established by Article 53 of the Criminal Code of the Russian Federation are identified and described. On the basis of the analysis carried out, the conclusion about the need to make changes to the current criminal and criminal-executive legislation is substantiated.
Keywords: restriction of liberty, punitive content, criminal punishment, criminal law, penitentiary inspection, system of electronic monitoring of controlled persons.
References
1. Diamonds A. V. Restriction of freedom: issues of sentencing // Criminal Law. – 2017. – № 3.
2. Dolgikh T. N. Some features of the legal and organizational nature of the appointment and execution of criminal punishment in the form of restriction of freedom // Russian justice. – 2015. – № 1.
3. Zarembinskaya E. L. Electronic monitoring of controlled persons. Practice, problems, prospects // Crime and punishment. – 2014. – № 3.
4. Kosnyreva T. A. Restriction of freedom in the system of criminal penalties: problems of legislative and practical nature // Vedomosti of the Penitentiary System. – 2011. – № 6.
5. Leist O. E. Essence of law. Problems of theory and philosophy of law. – M., 2002.
6. Martyshin O. V. Private, national and global interests: conflicts of moral values // State and Law. – 2016. – № 12.
7. Pomoshchikova N.V. The historical aspect of the institution of criminal punishment in the form of restriction of freedom: Russian and foreign experience // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 3 (21).
8. Rakhmatulin Z. R. Analysis of individual aspects of recidivism of those sentenced to restriction of freedom // Modern law. – 2018. – № 1.
9. Sokolov IV Restriction of freedom as a form of criminal punishment. – M.: Yurlitinform, 2013.
10. Criminal law of the Russian Federation. General part: textbook for universities / N. N. Belokobylsky, G. I. Bogush, G. N. Borzenkov and others; ed. V. S. Komissarov, N. E. Krylova, I. M. Tyazhkova. – M.: Statute, 2012.
CRIMINAL LAW
STROKAN Viktor Sergeevich
adjunct of Criminal policy sub-faculty of the Academy of Management of the MIA of Russia
THE CONCEPT AND CRIMINAL LAW FEATURES OF CRIMES COMMITTED IN THE FINANCIAL AND CREDIT SPHERE
The article analyzes various points of view on the list of crimes in the field of financial and credit relations under criminal law, provides the author’s definition of the concepts of “crimes in the financial and credit sphere”. The author singles out the criminal law features of crimes in the sphere of financial and credit relations according to the Criminal Code of the Russian Federation. The article deals with the relationship of various elements of crimes in the sphere of financial and credit relations. As well as a comparative analysis on a group basis of private homogeneous relations.
Keywords: crime, fraud, illegal receipt of a loan, accounts payable, lending, financial and credit relations.
References
1. Zolotova N. M. Crimes in the sphere of lending: author. dis. … cand. legal Sciences. – M., 2008. – 27 p.
2. Truntsevsky Yu.V. Financial security: the concept and types of financial crimes // Bulletin of the Financial Academy. – 2007. – No. 2. – P. 11-22.
3. Ushchekin S. N. Some problems of prevention of theft committed using electronic means of payment // Modern Science. – 2022. – No. 3. – P. 55-56.
4. Smolin S. V. Topical issues of qualifying fraud in the credit sphere // Criminal law. – 2014. – No. 6. – P. 65–72.
5. Martynenko N. E. Victim of a crime: criminal law or criminal procedure concept? // State and law. – 2013. – No. 3 (2). – P. 140-142.
6. Rastoropova O. V. Crimes in the sphere of lending: criminal law and criminological aspects: author. dis. … cand. legal Sciences. – M., 2011. – 25 p.
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
GREBENYUK Alexandra Sergeevna
cadet of the 3rd course of the Crimean branch of the Krasnodar University of the MIA of Russia
ELECTRONIC INFORMATION CARRIERS – THE CONCEPT AND SIGNIFICANCE IN EVIDENCE DURING PRELIMINARY INVESTIGATION IN A CRIMINAL CASE
The relevance of the research topic is beyond doubt. The situation that has developed at this stage in the development of criminal procedural law calls for the development of new scientific approaches in defining the very concept, meaning and content of the concept of an electronic information carrier, as well as in identifying the necessary procedural grounds and tactics in carrying out investigative actions to seize and examine electronic media in criminal proceedings. The emerging need for an in-depth analysis of the criminal procedure rules that define the provisions on electronic media, addressing issues that should be related to new provisions for defining the concept of an electronic media, distinguishing it from other types of evidence, regulating judicial authorization during investigative actions to seize and inspection of electronic media and information on it in all cases depends on the improvement of legislation and existing practice in criminal proceedings.
Keywords: electronic media of information, other documents, material evidence, a copy of information from electronic media.
References
1. Balashova A. A. To the question of the concept of “Electronic evidence” // Law and law. – 2018. – S. 2.
2. Voronin M. I. Electronic evidence in the Code of Criminal Procedure: to be or not to be? // Lex Russica. – 2019. – P. 8.
3. Grigoriev V. N., Maksimov O. A. The concept of electronic information carriers in criminal proceedings // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (84). – P. 40.
4. Karavaev NL Phenomenon of informatization: terminological analysis of the concept // Informatization of education and science. – 2014. – No. 4 (24). – P. 4-6.
5. Krasnova L. B. Electronic information carriers as physical evidence // Bulletin of the Tula State University. Economic and legal sciences. – 2022. – S. 1.
6. Morugina N. A. Sidorova E. I. The concept, signs and nature of physical evidence in the modern criminal process in Russia // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – S. 210.
7. Safronov A. Yu. The use of information technology in the criminal court // Lex Russica. – 2022. – P. 106.
8. Tkachev A. V. Issues of using electronic media of computer information in criminal proceedings as evidence of other documents // Bulletin of the Tula State University. Economic and legal sciences. – 2016. – P. 437.
9. Fedyukina A. Yu. Electronic media as evidence in criminal cases // Otechestvennaya jurisprudence. – 2016. – S. 2.
10. Shigurov A. V. The concept of electronic information carriers and electronic traces in the Russian criminal process // Social norms and practices. – 2020. – P. 46.
CRIMINAL PROCEDURE
KOSTINA Elena Nikolaevna
adjunct of the St. Petersburg University of the MIA of Russia, major of police
INTERROGATION OF A MINOR VICTIM WITH LIMITED HEALTH OPPORTUNITIES (LHO) AT THE STAGE OF PRELIMINARY INVESTIGATION
The article examines the problems of interrogation of a minor victim with limited health opportunities, considers the possibility of conducting a medical and psychological examination of this category of children before conducting the interrogation procedure, raises the question of the expediency of a doctor’s participation in conducting procedural actions with this category of citizens.
On the example of the analysis of criminal cases, it is clearly seen how non-compliance with the norms of legislation in relation to children with special health development can affect the recognition of the evidence obtained as inadmissible.
Proposals have been developed to improve the quality of law enforcement practice.
Keywords: minors with disabilities, investigators, doctor, interrogation, medical and psychological examination.
References
1. Shirova (Pashaeva) E. Kh., Pashaev Kh. P. Briefly about the features of interrogation of participants in criminal proceedings with disabilities // Ensuring the rights of participants in criminal proceedings with disabilities: a compensatory approach. – 2021. – P. 125-128.
2. Correctional pedagogy [Text]: textbook. allowance for ped. universities in the subject “Correctional Pedagogy” / I.A. Zaitsev [i dr.]; ed. V.S. Kukushkin. – 3rd ed., revised. and additional – Rostov n / a: March: Phoenix, 2010. – 352 p.
CRIMINAL PROCEDURE
LUKYANOVA Elena Alexandrovna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
ON THE QUESTION OF THE FORMS OF APPLICATION OF SPECIAL KNOWLEDGE IN THE DETECTION AND INVESTIGATION OF PENITENTIARY CRIMES
This article discusses the features of the use of special knowledge in the detection and investigation of penitentiary crimes. The role of specialists and experts in participating in investigative actions is substantiated. Of scientific interest to the author of this article is the procedural form of the use of special knowledge, regulated by the norms of Criminal Procedure legislation. Attention is focused on the use of special knowledge and technical and forensic tools in the disclosure and investigation of crimes committed in places of deprivation of liberty. In conclusion, the conclusion is made about the influence of special knowledge on the course of disclosure and investigation of penitentiary crimes, the effectiveness of the process of disclosure and establishment of the truth on the crime under investigation.
Keywords: penitentiary crimes, expert, specialist, investigator, special knowledge., investigation of penitentiary crimes, law enforcement agencies.
References
1. Akchurin A. V. Theoretical foundations and applied aspects of the investigation of penitentiary crimes: Abstract of the dissertation for the degree of Doctor of Law. – Krasnodar. 2022. – 53 p.
2. Shurukhnov N. G. Correlation between the concepts of “special knowledge” and “special knowledge” provided for by the criminal procedural legislation of the Russian Federation // Criminal law, criminal procedural and forensic issues of combating crime: Collection of scientific papers based on the materials of the V All-Russian Scientific -practical conference (symposium). – Krasnodar, November 15, 2019.
3. Shurukhnov N. G. Procedural and organizational features of the interaction of investigators of the Investigative Committee of the Russian Federation with the operational commissioners of the operational units of the Federal Penitentiary Service / Collection of materials of the VII All-Russian scientific and practical conference. – Ryazan, December 16, 2021. 2022. – P. 379-386
4. Criminal case No. 11702610009180310 was initiated on October 4, 2017 by the Investigative Committee of the Investigative Committee for the Ryazan Region.
5. Danilova I. Yu., Zharko N. V., Novikova L. V. Tasks of the initial stage of the investigation of penitentiary crimes // Eurasian Law Journal. – 2019. – No. 10 (137). – S. 204-206. – EDN PRMGXE.
6. Averyanova T. V. Forensic examination. General theory course. – M.: Norma, 2009. – 480 p.
7. Eisman A. A. Expert opinion (structure and scientific justification). – M .: Legal literature, 1967. – 151 p.
CRIMINAL PROCEDURE
LOGACHEV Konstantin Konstantinovich
lecturer of Criminal procedure sub-faculty of the Barnaul Law Institute of the MIA of Russia
ACTUAL PROBLEMS ARISING IN THE DETECTION AND INVESTIGATION OF ENVIRONMENTAL CRIMES
This paper examines the problems that arise in the detection and investigation of environmental crimes. Attention is drawn to the fact that often officials of environmental authorities themselves are caught committing and concealing environmental crimes. This negatively affects the detection of environmental crimes in general. In addition, the author points to the problem of insufficient technical equipment of law enforcement and environmental authorities. As a result of the study, measures are proposed to improve the detection of environmental crimes.
Keywords: law enforcement agencies, environmental authorities, disclosure, investigation, environmental crimes.
References
1. In Kuzbass, a poacher inspector from the Department for the Protection of Wildlife was caught. – [Electronic resource]. – Access mode: https://v1.ru/text/criminal/2022/04/14/71256236/ (date of access: 03/01/2023).
2. Officials-poachers from the Ministry of Natural Resources were fired in Yakutia. – [Electronic resource]. – Access mode: https://yakutsk.bezformata.com/listnews/chinovnikov-brakonerov-iz-minprirodi/16838396/ (date of access: 03/01/2023).
3. Greenpeace succeeded in initiating a criminal case on the fact of hiding the real area of forest fires in the Vladimir region. – [Electronic resource]. – Access mode: https://vedom.ru/news/2019/03/21/34229-grinpis-dobilsya-vozbuzhdeniya-ugolovnogo-dela (date of access: 03/01/2023).
4. Kaluga forest warden will pay a 500,000th fine for a bribe. – [Electronic resource]. – Access mode: https://pressa40.ru/kaluzhskiy-lesnichiy-zaplatit-500-tysyachnyy-shtraf-za-vzyatku/ (date of access: 03/01/2023).
5. Brief description of the state of crime in the Russian Federation for January – December 2022. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/35396677/ (date of access: 03/01/2023).
6. Forest area in Russia increased by 171 thousand hectares over the year. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/14895175 (date of access: 03/01/2023).
7. Fatneva I. V. Natural resources of Russia and their role in the world economy // International scientific and technical conference of young scientists of BSTU named after. V. G. Shukhov. – Belgorod, 2019. – P. 3663-3666.
8. The price of the issue is 100 thousand rubles and a carcass of a pig: near Volgograd, a forester was convicted of bribery and bribery. – [Electronic resource]. – Access mode: https://v1.ru/text/criminal/2022/04/14/71256236/ (date of access: 03/01/2023).
9. Experts considered drones to be an innovative way to monitor and analyze the forest. – [Electronic resource]. – Access mode: https://rg.ru/2021/09/16/eksperty-sochli-drony-innovacionnym-sposobom-monitoringa-i-analiza-lesa.html (date of access: 03/01/2023).
CRIMINAL PROCEDURE
MAKEEVA Irina Alexandrovna
senior investigator of the second investigation division for the second investigation department (with the location in the city of Saint Petersburg) of the Main investigation department of the Investigative Committee of the Russian Federation
USE OF VIDEOCONFERENCING IN PRE-TRIAL PROCEEDINGS AS A GUARANTEE OF ACCESS TO JUSTICE FOR THE PARTICIPANTS OF CRIMINAL PROCEEDINGS
The article considers the investigative actions with the use of videoconferencing systems from the point of view of implementation of guarantee of access to justice through the application of article 189.1 of the Code of Criminal Procedure of the Russian Federation. The purpose of the study is to identify problems that hide the effective application of this legal norm. The article contains proposals for improvement of article 189.1 of the Code of Criminal Procedure of the Russian Federation in order to simultaneously implement access to justice for citizens and ensure the ease of application of this norm for law enforcement agencies.
Keywords: criminal procedure, videoconferencing, access to justice, accessibility, legality.
References
1. Vyatkin F., Zaitsev S., Zilberman S. Videoconferencing when considering cassation complaints // Russian Justice. – M.: Yurid. lit., 2000. – No. 6. – S. 11-12 / [Electronic resource] URL: https://wiselawyer.ru/poleznoe/10341-videokonferencsvyaz-rassmotrenii-kassacionnykh-zhalob?ysclid=levbmn5f1x267977478 (accessed 05.03. 2023)
2. Rotar AI Accessibility of justice as a condition for obtaining judicial protection // Theory and practice of social development. 2014 No. 6. // Khors Publishing House: website. [Electronic resource]. – Access mode: http://teoria-practica.ru/rus/files/arhiv_zhurnala/2014/6/yurisprudentsiya/rotar.pdf (accessed 16.04.2023)
3. Sheremetiev I. I. The use of modern digital technologies in the trial of criminal cases in remote mode // Bulletin of the University named after O. E. Kutafin. 2020. No. 10 (74). pp. 97-107
CRIMINAL PROCEDURE
SERDYUKOVA Elena Vladimirovna
Ph.D. in Law, associate professionalssor, associate professor of Legal and special disciplines sub-faculty of the Stavropol branch of the RANEPA under the President of the Russian Federation
CHUNIKHA Angelika Arslanovna
Ph.D. in Law, associate professor, associate professor of Legal and special disciplines sub-faculty of the Stavropol branch of the RANEPA under the President of the Russian Federation
PROBLEMS OF ENSURING CERTAIN PROVISIONS OF CRIMINAL PROCEDURE LEGISLATION IN CORRESPONDENCE PROCEEDINGS IN SEVERE AND ESPECIALLY SEVERE CASES
The article deals with the problems of implementing the principles of the criminal process in absentia proceedings in criminal cases on grave and especially grave crimes. The issues of ensuring the general conditions of the trial in absentia are analyzed.
Keywords: principles of criminal procedure, general conditions of judicial proceedings, equality of rights of the parties, adversarial nature, immediacy and orality, proceedings in absentia.
Reference 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) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru
2. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on April 28, 2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru
3. Evenenko G. S. Topical issues of proof in criminal proceedings // Actual problems of law enforcement and management at the present stage of society development. Collection of articles based on materials of the II National Correspondence Scientific and Practical Conference. – Stavropol, 2020. – P. 110.
4. Kaigorodov A. A. Correlation between the concepts of the principles of the criminal process and the general conditions of the trial // Bulletin of the Tomsk State University. – 2011. – No. 342. – P. 134.
5. Kubaev M. Kh. M. Defender as a subject of proof in criminal proceedings // Actual problems and prospects for the development of modern science. Collection of scientific papers based on materials of the VIII International Scientific and Practical Conference. – Stavropol, 2022. – P. 105.
6. Kupreychenko S. V. Proceedings in absentia in the Russian Federation in criminal cases on grave and especially grave crimes: monograph. – M.: Yurlitin-form, 2022. – P. 57.
7. Solovyov S. A. Favoring the defense as a procedural mechanism for ensuring the equality of the parties in criminal proceedings in Russia: dis. … cand. legal Sciences. – M., 2019. – S. 41.
CRIMINAL PROCEDURE
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
FEATURES OF CARRYING OUT SOME INVESTIGATIVE ACTIONS IN THE INVESTIGATION OF CRIMES COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The article discusses the most relevant methodological recommendations for the investigation of crimes using information and communication technologies. When investigating such elements of a crime, investigators need to perform a wide range of tasks to clarify the circumstances of a criminal case and collect evidence. Each criminal case is individual, but in many ways the production of investigative actions in the investigation of a crime using information and communication technologies coincides with the general rules. This article draws attention to the peculiarities of the production of certain investigative and procedural actions related to the characteristic features of these crimes.
Keywords: information and communication technologies, production of investigative actions, computer information.
References
1. Kumysheva M. K., Fedina L. M. Actual problems of countering crimes in the field of information and communication technologies // Education and Law. – 2022. – No. 8. – S. 301-305.
2. Evdokimov K. N. Criminological and criminal law aspects of countering crimes committed using information and communication, computer and other high technologies: monograph. – Irkutsk, 2021. – 283 p.
3. Gogolev S. A. Problems of detecting and investigating cybercrimes // Skif. – 2021. – No. 11 (63). – S. 194-198.
CRIMINAL PROCEDURE
GADZHIALIEVA Adelina Teymurkhanovna
adjunct of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF IMPLEMENTATION OF ARTICLE 6.1. OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION IN CASE OF SUSPENSION OF PROCEEDINGS IN A CRIMINAL CASE
The author in this work points out the need to give a unified definition of reasonable terms of criminal proceedings. Conducting criminal liability measures for unjustified prolongation of the terms of the proceedings on the case by the preliminary investigation bodies. The problems of implementing the provisions on reasonable terms of criminal proceedings in the case of suspension of proceedings in a criminal case are analyzed. It reflects the need to suspend the running of the statute of limitations when suspending proceedings in a case. The article also discusses the materials of the practice of law enforcement of Article 6.1. of the Criminal Procedure Code of the Russian Federation.
Keywords: a reasonable term, criminal proceedings, suspension of proceedings, limitation, victim, crime.
References
1. Code of Criminal Procedure of the Russian Federation No. 174-FZ dated December 18, 2001 (as amended on April 28, 2023).
2. Order of the Prosecutor General’s Office of Russia dated September 17, 2021 No. 544 “On the organization of prosecutorial supervision over the procedural activities of the preliminary investigation bodies” // Legality. – 2021. – № 12.
3. Determination of the Constitutional Court of the Russian Federation of September 23, 2010 No. 1211-O-O “On the refusal to accept for consideration the complaint of a citizen of Bagaturia Vadim Vyacheslavovich about the violation of his constitutional rights by articles 6.1, 37, 123, 124 and 162 of the Code of Criminal Procedure of the Russian Federation” // ATP “ConsultantPlus”.
4. Barkalova E. V. To the question of the termination of the criminal case on a tax crime // Taxes. – 2021. – No. 1. – P. 25-29.
5. Kamchatov K. V., Bulanova O. V. “Active” and “passive” term as varieties of a reasonable term of criminal proceedings // Russian justice. – 2019. – No. 6. – P. 37-39.
6. Cassation ruling of the First Cassation Court of General Jurisdiction dated January 25, 2022 No. 88a-2937/2022 in case No. 3a-214/2021 // ConsultantPlus SPS.
7. Cassation ruling of the First Cassation Court of General Jurisdiction dated November 29, 2021 No. 88a-29418/2021 // ConsultantPlus SPS.
CRIMINAL PROCEDURE
MELODIEV Alexey Alexandrovich
postgraduate student of the 4th course of the University of the Prosecutor’s Office of the Russian Federation
GENESIS OF MEASURES OF RESTRAINT, CHOSEN IN RESPECT OF MINORS, IN DOMESTIC CRIMINAL PROCEEDINGS
The article discusses the stages of formation and development of criminal procedural measures of restraint, chosen in relation to minors, in domestic criminal proceedings. The author carried out a comparative analysis of the institute of preventive measures chosen for minors at various stages of its development in domestic criminal proceedings, identified the most significant stages and legislative developments in these periods.
Keywords: preventive measures, minors, genesis, criminal procedure institute, criminal proceedings.
References
1. Federal Law “On Amendments to the Code of Criminal Procedure of the Russian Federation regarding the selection and application of preventive measures in the form of a ban on certain actions, bail and house arrest” dated April 18, 2018 No. 72-FZ // ConsultantPlus SPS.
2. Charter of criminal proceedings with later legalizations, legislative motives, clarifications of the ruling Senate and circulars of the Minister of Justice / Comp. M. P. Shramchenko and V. P. Shirokov. – St. Petersburg, 1911. – S. 158.
3. Kamardina A. A. Development of criminal procedural legislation governing the application of a measure of restraint in the form of detention // Bulletin of the Orenburg State Agrarian University. – 2014. – No. 6 (50). – S. 251.
4. Kutuev E. K. The development of the institution of coercion in the criminal process in Russia in the XVIII – the first half of the XIX century. // History of state and law. – 2007. – No. 10. – S. 17.
5. Orlov A. V. The system of preventive measures in Russia: the history of formation and development prospects // Bulletin of the Samara Law Institute. – 2019. – No. 1 (32). – S. 87.
6. Foinitsky I. Ya. Course of criminal proceedings: in 2 volumes – St. Petersburg, 1996. – T. 2. – S. 318.
CRIMINAL PROCEDURE
AKBAROV Ilnar Irekovich
magister student of Criminal law and process sub-faculty of the Institute of Law of Ufa University of Silence and Technology
THE CONCEPT OF SPECIAL ECONOMIC KNOWLEDGE AND ITS USE IN CRIMINAL PROCEEDINGS
The article analyzes the concept of special economic knowledge. On the basis of the presented judgments, the author’s definition of the concept of special economic knowledge is formulated. The paper also pays attention to the use of special economic knowledge in criminal proceedings. It is noted that they are of great valuee at the stage of preliminary investigation, during the production of which, often, there is insufficient information about the crime committed and the persons involved in it. The necessity of involving persons with special economic knowledge during the verification of a report on the commission of an economic crime is proven, since the investigator does not always and insufficiently possess such knowledge. It is concluded that in criminal proceedings in cases of economic crimes, it is necessary to use all forms of special economic knowledge: attracting a specialist, conducting a forensic examination, etc. It is the active use of this knowledge that will significantly increase the detection of economic crimes, and thereby increase the effectiveness of the criminal process.
Keywords: special economic knowledge, skills and abilities, economic crimes, economic crimes, specialist, criminal process, investigator.
References
1. Golubyatnikov S. P., Gorbacheva A. V. Forms of using special knowledge in detecting and investigating economic crimes: a comparative analysis // Actual problems of using special knowledge in detecting and proving economic crimes: Proceedings of the interuniversity scientific and practical conference October 22, 2019 – Nizhny Novgorod: Stimulus-ST, 2020.
2. Ignatieva V. A. To the question of the use of special psychological knowledge in criminal proceedings // Alley of Science. – 2022. – V. 1. – No. 6 (69).
3. Kakalyev Sh., Tyachmukhammedova S., Saparova Sh. The value of economic knowledge // In Situ. – 2023. – № 1.
4. Kaunov A. M., Usenko A. S. Forms of special knowledge used in the disclosure and investigation of criminal bankruptcies // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2023. – № 1 (59).
5. Kaunov A. M., Usenko A. S. Forms of special knowledge used in the disclosure and investigation of criminal bankruptcies // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (59).
6. Klimovich L.P., Valentinavichyute I.G. On the issue of tactics of using special economic knowledge by a lawyer in a criminal case // Business. Education. Right. – 2022. – № 3 (60).
7. Miftahova L. A. Problems of participation of a psychologist in the criminal process: dis. … cand. legal Sciences. – Ufa, 2001.
8. Shapiro L. G. Situational approach to the use of special knowledge in the investigation of crimes in the sphere of economic activity // Forensic expert. – 2013. – No. 3.
CRIMINAL AND EXECUTIVE LAW
GORKINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, Deputy Head of Management and organization of activities of the UIS sub-faculty of the Academy of the FPS of Russia
EDUCATIONAL IMPACT ON CONVICTS: PROBLEMS AND PROSPECTS IN THE FIELD OF EXECUTION OF SENTENCES WITHOUT ISOLATION FROM SOCIETY
The author in the article considered the features of educational work in the field of execution of sentences without isolation of convicts from society, focusing on the introduction of the system of electronic monitoring of controlled persons into the activities of the penitentiary inspections of the Federal Penitentiary Service of Russia, modernization of the system of accounting and control of convicts. Using the example of the Federal Penitentiary Service of Russia in the Tver region, I analyzed the level of repeated crime among persons registered with criminal enforcement inspections.
Keywords: educational work, means of correction of convicts educational impact, electronic monitoring system of controlled persons, modernization of the system of accounting and control of convicts.
References
1. Romanova S.V. The practice of using electronic bracelets: history and modernity // Concept. – 2015. – No. 2.
CRIMINAL AND EXECUTIVE 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»
SADYKOVA Regina Aidarovna
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”, captain of the internal service
THE INFLUENCE OF THE SOCIAL ENVIRONMENT ON THE FORMATION OF THE PERSONALITY OF JUVENILE OFFENDERS
This article discusses the process of forming the personality of juvenile offenders. The features that are caused by various factors affecting this process are analyzed. Comprehensive measures are also proposed that can help in solving the problem of the formation of the personality of juvenile offenders.
Keywords: juvenile delinquent, social environment, illegal behavior, deviant behavior, crime, teenager.
References
1. Chubarova A. Influence of the social environment on the formation of juvenile delinquency // Bulletin of science and practice. – 2021. – V. 7. No. 3. – S. 287-292.
2. Zlokazov K. V., Kappushev S. S., Ivanova A. M. Individual and social factors of vindictive behavior // Applied Legal Psychology. – 2019. – No. 1 (46). – P. 69-76.
3. Radchenko E. P. The American system of juvenile justice // Legal regulation and organization of the protection of the rights of juvenile convicts: Collection of round table materials, Moscow, October 29, 2021 / FKU NII FSIN of Russia, 2021. – Moscow: Federal State Institution ” Research Institute of Information Technologies of the Federal Penitentiary Service”, 2021. – P. 152-155, Moscow, October 29, 2021 / FKU Research Institute of the Federal Penitentiary Service of Russia, 2021. – Moscow: Federal State Institution “Research Institute of Information Technologies of the Federal Service execution of punishments”, 2021. – P. 152-155.
4. Tikhonova N. E. The lower class in the social structure of Russian society // Sociological research. – 2011. – № 5. – S. 24-35.
5. Zorina N. S. Professional self-determination of youth as a social phenomenon // Modern scientist. – 2022. No. 3. – P. 265-267.
6. Pavlova L. V. On the creation of a special federal executive body in the field of protecting the rights of children // Administrative activities of law enforcement agencies of the Russian Federation and foreign countries: Collection of materials of the All-Russian scientific and practical conference dedicated to the 20th anniversary of the Department of Administrative and Financial Law of the Academy of the Federal Penitentiary Service Russia, Ryazan, April 21, 2022 / Under the general editorship of E. V. Senatova. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2022. – P. 85-88.
7. Federal Law of December 30, 2020 No. 489-FZ “On Youth Policy in the Russian Federation” Access from reference. – legal system “ConsultantPlus”.
CRIMINAL AND EXECUTIVE 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 Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF PREVENTING THE PENETRATION OF PROHIBITED ITEMS INTO THE TERRITORY OF CORRECTIONAL INSTITUTIONS
The article analyzes the features of preventing the penetration of prohibited items into the territory of correctional institutions. In correctional institutions, there are always those convicts who violate the established order, resist correction. Convicts can, bypassing the existing system of technical means, find ways to penetrate prohibited items into the territory of the correctional institution. An important aspect of countering the penetration of prohibited items into the territory of the IU is obtaining information about their capabilities, knowledge, and analysis of this information by the personnel of the UIS. When analyzing the specified information, the employees of the penitentiary system should develop specific measures to optimize the system of technical means aiming at safety in a correctional institution.
Keywords: penal enforcement system, prohibited items, convict, crime, prevention, technical means of supervision and control.
References
1. UFSIN performance indicators. [Electronic resource]. – Access mode: https://63.fsin.gov.ru/activities/results/ (date of access: 05/10/2023)
2. Karetnikov K. V. Blocking the channels for the entry of prohibited items to educational colonies of the Federal Penitentiary Service of Russia: organizational and legal aspects // Development of the penitentiary system: organizational, legal and economic aspects: Collection of materials of the international scientific and practical conference, within the framework of the international legal forum “Law and Economics: National Experience and Development Strategies”, Novosibirsk, May 28, 2021. – Novosibirsk, Novokuznetsk: Novosibirsk State University of Economics and Management; FKOU VO Kuzbass Institute of the Federal Penitentiary Service of Russia, 2021. – P. 72-76.
3. Order of the Ministry of Justice of Russia dated July 4, 2022 No. 110 “On approval of the Rules for internalof the schedule of pre-trial detention centers of the penitentiary system, the Internal Regulations of Correctional Institutions and the Internal Regulations of Correctional Centers of the Penitentiary System” // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: www.pravo.gov.ru (date of access: 10.05.2023)
4. Key performance indicators of the penal system for 2022 – Tver, 2023. – P. 32.
CRIMINAL AND EXECUTIVE LAW
UNTEROV Vladimir Anatoljevich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SOME ASPECTS OF COUNTERACTION CRIMES AGAINST LIFE AND HEALTH IN CORRECTIONAL INSTITUTIONS
The article examines objective and subjective determinants affecting the mechanism of penitentiary crimes against life and health. On this basis, several groups of specific conflicts are identified that generate crime against life and health in places of forced isolation from society.
Keywords: crime, life, health, convict, conflict, prevention, determinant.
References
1. Report on the state of crime among persons held in institutions of the penitentiary system // Key performance indicators of the penitentiary system for January-December 2022. Information and analytical collection. FKU NIIIT FPS of Russia. – Tver, 2023. – P. 25.
2. Report on the state of crime among persons held in institutions of the penitentiary system // Key performance indicators of the penitentiary system for January-December 2022. Information and analytical collection. FKU NIIIT FPS of Russia. – Tver, 2023. – S. 29-30.
3. Kachurova E. S. Circumstances of victimization from violent crimes in places of deprivation of liberty // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 6-7.
4. Kazak B. B. Security of the penitentiary system: monograph / Ed. S. P. Ponomarev, S. A. Dyachkovsky. – Ryazan, 2001. – S. 90.
CRIMINAL AND EXECUTIVE LAW
KHASANOVA Svetlana Kuzminichna
Editor of the journal «Vedomosti of the penal system», retired colonel
MONITORING OF CONVICTS WITHOUT ISOLATION FROM SOCIETY IN THE ASPECT OF IMPROVING THE PREDICTION OF THEIR ILLEGAL BEHAVIOR
The article deals with the issues of predicting the conduct of convicts serving non-custodial sentences, in particular, their possible evasion from the supervision of members of penitentiary inspections during the sentence serving period. The role of inspectorate psychologists in carrying out psychodiagnostic and psychocorrective assessments, the possibilities of the programs utilised in their work in order to predict the further conduct of convicted persons are noted. Conclusions are drawn regarding the expediency of improving the existing methods for predicting the behavior of convicts in order to prevent their evasion from penitentiary supervision.
Keywords: criminal enforcement inspections, prognosis, psychologist, initial investigative measures, concealment from control, methodology.
References
1. Avanesov Georgy Artashesovich (1934-2014) // Academy of Management of the Ministry of Internal Affairs of Russia: [website]. [Electronic resource]. – Access mode: https://a.mvd.rf/nauka/scientific-potential/outstanding-scientists-academy-of-mv/item/10074381/.
2. Glotochkin A. F., Pirozhkov V. F. Mental states of a person deprived of freedom. M., 1968.
3. Ragimov I. M. Individual prediction of the behavior of the convict in the process of execution of punishment // Legal sciences and education. 2019. No. 58.
4. Debolsky M. G. Normative and legal support of the activity of the psychological service of the penitentiary system at various stages of its development // Criminal Executive Law. 2018. No. 1. P. 70-74.
5. Recommendations for individual prediction of the behavior of probationers: the “Portrait” technique / Comp. K. N. Taralenko. M.: PRI, 2003. 24 p.
6. Kutukov S. A., Smirnov S. N. Actual problems of searching for persons sentenced to punishment without isolation from society // Man: crime and punishment. 2016. No. 3. P. 100-104.
CRIMINALISTICS
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ALEXEEV Anton Olegovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
PICHUGIN Dmitriy Alexandrovich
senior lecturer of tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
ORGANIZATION OF OPERATIONAL INVESTIGATIVE ACTIVITIES FOR THE IDENTIFICATION, PREVENTION, SUPPRESSION AND DISCLOSURE OF CRIMES IN THE FIELD OF HUMAN TRAFFICKING BY OPERATIONAL UNITS
Human trafficking is one of the types of crimes punishable by criminal law legislation, the purpose of which is the purchase and sale of people for profit. The crime committed in the field of human trafficking is conditioned as a transnational criminal encroachment on the freedom, honor and dignity of the individual. The presented research is dedicated to the issues of detection, prevention, suppression and disclosure of crimes in the field of human trafficking by operational units. A comprehensive analysis of operational investigative measures allowing to solve this crime has been carried out, as well as a list of causes, conditions and circumstances that give rise to human trafficking in the modern world.
Keywords: human trafficking, prostitution, transnational crime, operational search.
References
1. Levchenko O. P. Counteraction to human trafficking and human exploitation: legal, organizational and forensic aspects: Monograph. – M.: Academy for the Study of National Security Problems, 2006. – P. 132.
2. Khomyakov N. G. On the practice of applying criminal law related to human trafficking // Palermo Convention. Protocol No. 3: The UN context and Russian realities: Proceedings of the conference. – M.: Center for assistance to survivors of sexual violence “Sisters”, 2005. – P. 28.
3. Davletov V. I. Lawful behavior: concept and content // Eurasian legal journal. – 2019. – No. 6 (133). – P. 376-377.
CRIMINALISTICS
EREMIN Sergey Germanovich
Ph.D. in Law, professor, professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia
RESHNYAK Olga Alexandrovna
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia,
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
INCREASING THE EFFICIENCY OF THE PRODUCTION OF FORENSIC ACCOUNTING EXPERTISE BASED ON DATA ASSOCIATED WITH THE USE OF COMPUTER TOOLS
In the article, the authors give a classification of forensic examinations of the economic direction. highlighting as a priority of them – forensic accounting expertise, coupled with the use of computer tools. From the above classification, the authors substantiate that forensic accounting expertise covers the widest range of issues of economic content, since here are the issues of establishing the amount of income received or expenses incurred, and the reflection of individual facts of economic life in accounting, and the establishment of the amount of material damage caused, etc.
Keywords: Efficiency, forensic accounting expertise, computer tools, facts of economic life, material damage, digitalization, crime investigation, a unified system of interdepartmental interaction.
References
1. Eremin S. G., Reshnyak O. A. Digital literacy as a way to improve the quality of crime investigation // Lawyer-Pravoved. 2022. No. 2 (101). pp. 46-51.
2. Solovieva LN Man in the global virtual space: a philosophical dimension // Society: philosophy, history, culture. 2016. No. 12. P. 38-40.
3. Karmazin T. Values and key competencies in the era of digital society // Business Excellence. [Electronic resource]. – Access mode: https://ria-stk.ru/ds/adetail.php?ID=181143 (date of access: 03/01/2022).
CRIMINALISTICS
ZHUKOV Nikolay Ivanovich
lecturer of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
KASHIRSKIY Dmitriy Yurjevich
Ph.D. in technical sciences, associate professor, Head of Computer science and special technology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAREV Denis Olegovich
Deputy Head of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
CONDUCTING OPERATIONAL INVESTIGATIVE MEASURES AGAINST WITNESSES
This article discusses some aspects of the conduct of operational investigative measures, namely the subtleties and cases of the use of operational investigative measures against witnesses, in which cases their conduct is appropriate and justifies the expended means of their application. The legal grounds for conducting operational investigative measures against witnesses are considered in detail. The analysis of the tactical aspects of the practical implementation of operational investigative activities in cases where the object is witnesses. Separately, the situations in which the conduct of operational investigative measures against a witness is not only desirable, but also a necessary condition for the successful counteraction of crime are indicated.
Keywords: operational search measures, victim, investigation, disclosure of crime, bodies of inquiry, criminal punishment.
References
1. Muzafin R. R. Tactical methods of interrogating the suspect and the accused for giving truthful testimony // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2021. – No. 1. – P. 206-209. – EDN QFKGBJ.
2. Federal Law No. 144-FZ of August 12, 1995 (as amended on June 28, 2022) “On Operational Investigative Activities”
3. Nosova D.Kh., Murtazin A.I. Human rights // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2020. – No. 1. – P. 316-319. – EDN RRKZEF.
4. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020)
3. Petrova D.S. The problem of using the results of covert operational-search measures in proving criminal cases. — Text: direct // Young scientist. – 2019. – No. 40 (278). – S. 131-135. – [Electronic resource]. – Access mode: https://moluch.ru/archive/278/62832/ (date of access: 04/14/2023).
CRIMINALISTICS
KUNDAKCHYAN Vladimir Olegovich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
VLEZKO Dmitriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the I. T. Trubilin Kuban State Agrarian University
INTERACTION OF THE INVESTIGATOR WITH THE BODIES CARRYING OUT OPERATIONAL INVESTIGATIVE ACTIVITIES DURING THE INVESTIGATION OF CRIMES
In the article, the author considers the legal basis, forms and types of interaction between the investigator and the bodies carrying out operational-search activities. When studying the topic, judicial practice is analyzed and the problems of this interaction are identified, followed by a proposal for ways to improve the interaction of the investigator with the bodies carrying out operational-search activities.
Keywords: investigator, investigation of crimes, operational-search activity, interaction of the investigator.
References
1. Bakhteev D. V., Drapkin L. Ya. Interaction of investigators with bodies of inquiry and other participants in the investigation of crimes // Electronic supplement to the Russian legal journal. – 2017. Bagiev Kh. B. Problems of correlation of the procedural independence of the investigator with the procedural control of the head of the investigative body // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2011. – No. 1. – P. 50-55.
2. Vlezko D. A., Salykina D. A. On the issue of criminal liability for crimes related to extremist activity // Polythematic network electronic scientific journal of the Kuban State Agrarian University (Scientific journal of KubGAU). – Krasnodar: KubGAU, 2017. – No. 08 (132). pp. 104-116. – IDA [article ID]: 1321708010. [Electronic resource]. – Access mode: http://ej.kubagro.ru/2017/08/pdf/10.pdf, 0.812 c.u.l.
3. Vetrova O. A. To the question of the interaction of the investigator and the bodies carrying out operational-search activities in the investigation of crimes // Actual problems of criminal and civil proceedings. – 2016. – S. 31-38.
4. Ilyasov A. I. Forms of interaction between the investigator and the body carrying out operational-search activities // Young scientist. – 2021. – No. 47 (389). – S. 200-202.
5. Kozlovsky P. V. Crime investigation planning // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (50). – P. 90-97.
6. Chvalev A. A. Interaction of the investigator with the bodies carrying out operational-search activities in the investigation of crimes. – Text: direct // Young scientist. – 2022. – No. 45 (440). – S. 203-207.
CRIMINALISTICS
MUSTAFINA Gulnara Mazhitovna
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
LUZKO Dmitry Nikolaevich
Deputy Head of Operational investigative activities and special equipment in the DIA sub-faculty of the East Siberian Institute of the MIA of Russia
KHAKHALKINA Ulyana Viktorovna
Associate Professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa Institute of Science and Technology
LEGAL AND OPERATIONAL-INVESTIGATIVE CHARACTERISTICS OF CRIMES RELATED TO ILLEGAL ARMS TRAFFICKING
In the article, the authors consider certain aspects of the legal and operational-investigative characteristics of crimes related to illegal firearms trafficking. The article presents the key points that need to be taken into account by law enforcement agencies when organizing effective counteraction to illegal arms trafficking, which is one of the most important tasks at the moment in our state. The use in the practice of internal affairs bodies of criminal-legal and operational-investigative characteristics of crimes related to illegal arms trafficking in their interrelation allows not only to effectively identify and disclose these crimes, but also to ensure a high level of preliminary investigation on them.
Keywords: criminal-legal characteristics of crimes, operational-investigative characteristics of crimes, crimes related to illegal arms trafficking, operational-investigative activities, operational-investigative measures.
Reference bibliography
1. In Russia, the number of crimes involving weapons has increased by almost 30% // RBC: news portal. [Electronic resource]. – Access mode: https://www.rbc.ru/society/23/11/2022/637ccfa59a79478ef (date of access: 04/20/2023).
2. Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996 (as amended on April 28, 2023) // Consultant Plus SPS (Accessed on April 29, 2023).
3. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on April 28, 2023) // ConsultantPlus SPS (accessed on April 29, 2023).
CRIMINALISTICS
SAFONOV Andrey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Training and Research Complex of Forensic Examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, Deputy Head of Criminal process sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE CORRECNESS OF DOCUMENTING THE INVESTIGATIVE EXPERIMENT
This article emphasizes the importance of accurately documenting the process and the results of the investigative experiment, since the protocol will be considered evidence in court. The protocol of the investigative experiment must be completed at the scene of the incident to provide an accurate description of the situation. The protocol consists of introductory and descriptive parts, and typical mistakes possible in its design are non-compliance with the law, incorrect or incomplete description of experimental actions, stylistic errors. The course and results of the investigative experiment can be recorded using audio, video or photography. The video recording is especially useful because it allows you to visually and dynamically demonstrate the progress and results of the investigative experiment.
Keywords: investigative experiment, protocol, evidence, criminal case, requirements of the law, admissibility, audio recording, video recording, errors, procedural errors.
References
1. Levi A. A., Gorinov Yu. A. Sound recording and video recording in criminal proceedings. – Moscow: Jurid. lit., 1983. – 109 p.
2. Pobedkin A. V., Yashin V. N. Investigative actions: monograph. – Moscow: Yurlitinform, 2016. – 185 p.
3. Sergeev VV The specifics of the production of an investigative experiment in the conditions of counteraction to the investigation of a crime // Problems of law enforcement. – 2018. – No. 4. – P. 60-65.
CRIMINALISTICS
FEDINA Lyubov Mikhaylovna
Ph.D. in Law, lecturer of Special technical training sub-faculty of the North Caucasus Institute of advanced training (branch) of the Krasnodar University of the MIA of Russia, major of police
FEDIN Murat Anatoljevich
Investigator of the Iriston MSO for Vladikavkaz of the Investigative Department of the Investigative Committee of the Russian Federation for the RSO-Alania, major of justice
METHODOLOGICAL FEATURES OF THE DISCLOSURE AND INVESTIGATION OF MURDERS COMMITTED IN CONDITIONS OF NON-OBVIOUSNESS.
This article attempts to study in detail the circumstances of the commission of crimes in the absence of eyewitnesses, their significance in the criminogenic situation, the impact on the development of the rule of law as a whole and the realization of its capabilities to protect citizens. Based on the conducted research, the authors have identified the criminalistic characteristics and features of the methods of disclosure and investigation of this category of crimes. The main mistakes made by law enforcement officers are formulated as conclusions, and some ways of solving them are proposed.
Keywords: murder, crime, disclosure, investigation, non-obviousness, examination, interrogation, suspect, witness, evidence.
References
1. Brief description of the state of crime in the Russian Federation for January-March 2023 // Ministry of Internal Affairs of the Russian Federation: official reference book of the FKU “GIAC of the Ministry of Internal Affairs of Russia”, 04/07/2023. – [Electronic resource]. – Access mode: https://mvd.rf/reports/item/37377025/ (date of access: 05/10/2023).
2. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on April 14, 2023). – [Electronic resource]. – Access mode: Access from the reference legal system “Garant”. http://garant.ru (date of access: 04/30/2023).
3. Gauzhaeva V. A. Features of the formation and fixation of the mental image of a person who committed a crime from the words of the victim // Gaps in Russian legislation. – 2018. – No. 2. – P. 212-214.
4. Zyuzina I. V. The mechanism of crimes against property committed in conditions of non-obviousness as a source of forensically significant information // Law and State: Theory and Practice. – 2020. – No. 12 (192). – P. 163-165.
5. Kolesnikov A. V. The concept and characteristics of crimes against a person committed in conditions of non-obviousness // Asia-Pacific region: economics, politics, law. – 2015. – No. 17 (3). – P. 115-126.
6. Zyuzina I. V. Identification of a trace picture of crimes committed in conditions of non-obviousness // Law and Law. – 2020. – No. 7. – P. 167-171.
CRIMINALISTICS
SAIDOVA Shuanat Magomedalievna
magister student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University
IMPROVING THE ACTIVITIES OF INVESTIGATIVE BODIES ON THE APPLICATION OF A PREVENTIVE MEASURE IN THE FORM OF DETENTION
The article analyzes the norms of the criminal procedure law and the practice of their implementation on the issue of applying a preventive measure in the form of detention. Detention is the most severe measure of restraint and therefore requires detailed compliance in practice with the rules governing the procedure for its application. The activities of the bodies of preliminary investigation and inquiry are analyzed when submitting a petition to the court for election, extension of a measure of restraint in the form of detention, gaps in their activities are identified and possible solutions are proposed.
Keywords: detention, preliminary investigation bodies, court.
References
1. Belozertsev S. M., Balashova A. A. Problems arising when choosing a preventive measure in the form of detention / Text: electronic // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia – 2017. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-voznikayuschie-pri-izbranii-mery-presecheniya-v-vide-zaklyucheniya-pod-strazhu.
2. Gadzhiramazanov P.K. The practice of application by the courts of a measure of restraint in the form of detention / Text: electronic // Bulletin of the Dagestan State University. Series 3: Social Sciences – 2013. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/praktika-primeneniya-sudami-mery-presecheniya-v-vide-zaklyucheniya-pod-strazhu-nuzhdaetsya-v-sovershenstvovanii.
3. Nazarov A. D. Investigative and judicial errors in custody // Russian justice. – 2019. – No. 4. – S. 39-43.
CRIMINOLOGY
ABDULATIPOV Abdulatip Magomedzagidovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University
MAGOMEDOV Shahban Ruslanovich
master of the training profile “Problems of criminal policy and its implementation in the fight against crime” of the Institute of Law of the Dagestan State University
URUMOV Asker Valerjevich
Ph.D. in Law, senior lecturer of Special and technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
FEATURES OF TERRORIST COMMUNITY CRIMINOLOGICAL CHARACTERISTICS IN THE MODERN PERIOD
The relevance of the research lies in special social danger of terrorist communities and the encroachments they commit, as well as in the need to develop effective preventive measures to counter their activities, taking into account modern internal and external terrorist threats. The article provides a detailed analysis of the criminological characteristics of terrorist communities creation and participation in them at the present stage. As the most dangerous factor the authors note unsuccessful attempts of the special services of states hostile to Russia to form a terrorist network on its territory to engage in sabotage and terrorist activities, because the conduction of a special military operation to demilitarize and denazify Ukraine.
At present, the Russian Federation has become an object and territory of an international hybrid war. All this is accompanied by a large surge in anti-State terrorism and by young people’s involvement in international terrorist organizations. Taking into account these factors, the authors propose measures aimed at ensuring public safety, preventing sabotage and terrorist activities, strengthening the anti-terrorist security of life support and strategic facilities.
Keywords: terrorist crimes, terrorist community, organized group, structured organized group, criminological characteristics, counteraction.
References
1. Abdulatipov A. M., Urumov A. V. Features of the formation of “sleeping cells” of terrorist structures (on the example of the Republic of Dagestan). Eurasian legal journal. – 2022. – No. 10. – P. 422-426.
2. Abdulatipov A. M. Criminal and legal problems of organized terrorist activity // Legal Bulletin of DGU. – 2021. – No. 4. – P. 101-107.
3. Bushmin S.I., Moskalev G.L. Commentary on the criminal law on countering terrorist and extremist activities: monograph. – Krasnoyarsk: Sib. feder. un-t, 2018. – 172 p.
4. Data from the statistical tables of the Information Center of the Ministry of Internal Affairs for the Republic of Dagestan.
5. Merkuriev V. V., Sokolov D. A., Vasnetsova A. S. et al. Criminological study of the personality of a participant in terrorist activities / Ed. ed. V. V. Merkuriev. – M.: Prospekt, 2022. – 368 p.
6. Criminal case No. 49012 dated February 24, 2014 // Archive of the Supreme Court of the Republic of Dagestan.
7. Urumov A. V. Features of training employees of the territorial bodies of the Ministry of Internal Affairs of Russia for the use of X-ray television systems designed to detect the facts of concealment of explosives and explosive devices, weapons, ammunition and other dangerous objects and substances // Gaps in Russian legislation. – 2022. – No. 5. – S. 18-26.
CRIMINOLOGY
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activity of internal affairs sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
VALIEVA Albina Rifovna
Ph.D. in political sciences, associate professor of Economics and management sub-faculty of the Bashkir State Agrarian University
KOVALEV Timur Vitaljevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
PROFILING: SOME ASPECTS OF THE INVESTIGATION ОF SERIAL CRIMES
This article describes the profiling method as a new way to identify the psychological characteristics of criminals and compile a criminal profile for the investigation of serial crimes. The article analyzes in detail the factors that are taken into account when forming a psychological portrait of a criminal, and also describes the process of compiling a criminal profile. The authors note that profiling can be an effective tool in the investigation of serial crimes, but it has its limitations and disadvantages, which should also be taken into account. The general purpose of the article is to demonstrate the importance of profiling and its potential in the fight against serial crimes.
Keywords: profiling, serial crimes, psychological profile, criminal profile, criminal identity.
References
1. Volchetskaya T. S., Abramovsky A. A. Forensic profiling in Russia and abroad // News of TulGU. Economic and legal sciences. – 2018. – No. 4-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminalisticheskiy-profayling-v-rossii-i-za-rubezhom (date of access: 05/17/2023).
2. Turvey Brent E. Criminal profiling. An introduction to behavioral evidence analysis. – Academic Press, 2011. – 728 p.
3. Bryukhnov A. A., Kovalchuk V. A. Profiling as a method for determining the psychological and forensic portrait // Criminal Executive Law. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profayling-kak-method-opredeleniya-psihologo-kriminalisticheskogo-portreta (date of access: 05/17/2023).
4. Dzikonskaya S. G. Criminological profiling: concept and types // Actual problems of the humanities and natural sciences. – 2015. – No. 4-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminologicheskiy-profayling-ponyatie-i-vidy (date of access: 05/17/2023).
CRIMINOLOGY
KIYASHKO Kristina Sergeevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
FEATURES OF CRIMINOLOGICAL CHARACTERISTICS OF THE PERSONALITY OF A CONVICTED MEMBER OF THE EXTREMIST MOVEMENT “A.U.E.”
This study analyzes the specifics of the criminological characteristics of persons committing extremist crimes. In particular, convicts involved in extremist organizations “A.U.E.” Their socio-role, socio-demographic and moral-psychological properties of personality are investigated. To date, there is no theoretical description in the criminological literature of the personality characteristics of criminals studied in this study – members of the extremist organization “A.U.E.”, which determines the relevance of the study.
The objective of the work is the objective need to study, analyze and systematize the features of the personal characteristics of convicted members of the MOD “A.U.E.” in the criminological aspect to improve the efficiency of detection of crimes committed by law enforcement officers.
This study suggests ways to improve the prevention of crimes committed by members of the extremist organization “A.U.E.”, taking into account the personality characteristics of the criminals in question.
Keywords: extremism, personality, extremist criminal, typology, extremist organization “A.U.E.”.
References
1. Official website of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/activity/statistics (date of access: 02/01/2023).
2. Antonyan Yu. M., Kudryavtsev V. N., Eminov V. E. The identity of the offender. – St. Petersburg, 2004. – 366 p.
3. Poznyshev SV Criminal psychology. Criminal types. – Leningrad: State Publishing House, 1926. – 270 p.
4. Sergeeva A. V. Features of pre-trial proceedings in criminal cases on crimes of an extremist orientation: author. dis. … cand. legal Sciences. – M., 2012. – 30 p.
5. Kiyashko K. S. Extremist movement “A.U.E.”: criminalo-legal aspect // Law and state: theory and practice. – 2021. – No. 11 (203). – 652 p.
6. Prozumentov L. M., Shesler A. V. Criminal legal means of combating group crime // Bulletin of the Tomsk State University. Right. – 2022. – No. 43. – P. 86-96. doi: 10.17223/22253513/43/7.
7. Borisov S. S. Crimes of extremist orientation: problems of legislation and law enforcement: author. dis. … doc. legal Sciences. – M., 2012. – 435 p.
8. Antonyan Yu. M. et al. Some distinctive psychological features of the personality of careless criminals // Personality of criminals and individual impact on them. – M., 1989. – 388 p.
CRIMINOLOGY
SELIVERSTOVA Mariya Gennadjevna
THE PROFESSIONAL RISKS OF THE LAWYER’S ACTIVITY OR THE DISCREDITING OF THE RIGHTS OF LAWYERS AS A CRIMINOLOGICAL FACTOR IN THE COMMISSION OF CRIMES
This article provides examples of violations of the professional rights of lawyers by officials who act as an independent determinant in the formation of the criminological factor of crimes. It is noted that it is necessary to take measures to eliminate these destabilizing factors in the course of the lawyer’s performance of his duties in order to protect the rights of the latter, as well as the interests of his principals.
Keywords: professional risks of advocacy, advocacy, criminological risks, attorney.
References
1. Renn O. Three decades of risk research // Questions of risk analysis. – 1999. – V. 1. No. 1. – S. 80-99.
2. Code of professional ethics of a lawyer: adopted by the I All-Russian Congress of Lawyers on January 31, 2003 // Consultant Plus: a reference legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_44841/ (date of access: 04/23/2023).
3. Kanter D. Criminal psychology / Per. from eng. Tapabanova E. M.-Kh.: Publishing house “Humanitarian Center”, 2021. – P. 44.
LAW ENFORCEMENT
IDILOV Ayub Ibragimovich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Peoples’ Friendship University of Russia
THE CONCEPT OF ARTIFICIAL INTELLIGENCE IN A LEGAL CONTEXT
The article considers a comprehensive analysis of the concepts of artificial intelligence in the legal aspect and for regulating the spread of innovations in this area. The goal is to identify common concepts or discrepancies that should be taken into account when evaluating artificial intelligence legal systems and identifying problems in its application and development. Some chronic manifestations of the signs of artificial intelligence are proposed, as well as an assessment of the benefits and risks in the detection of normative diseases.
Keywords: artificial intelligence, law, judicial system, foreign legislation.
References
1. Association for Computing Machinery’s (ACM) Committee On Professional Ethics (COPE). Code of Ethics. Ed. 2018.
2. BBC Ideas. Could artificial intelligence replace governments? video. Animated by Kong Studio. 3 October 2019. https://www.bbc.com/ideas/videos/could-artificial-intelligence-replace- governments/p07px5jb (Accessed on April 2020)
3. Dennis, Michael Aaron. Marvin Minsky. Encyclopedia Britannica, 2023. [Electronic resource]. – Access mode: https://www.britannica.com/biography/Marvin-Lee-Minsky
4. EU, Directive n°2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs. OJ L 111, 5 May 2009, p. 16–22.
5. European Commission, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of 33 the Regions on Artificial Intelligence for Europe, COM(2018) 237 final, Brussels, 25 April 2018.
6. High Level Expert Group on Artificial Intelligence (AIHLEG), A definition of AI: Main capabilities and scientific disciplines, 8 April 2019.
7. High Level Expert Group on Artificial Intelligence (AIHLEG), Ethics Guidelines for Trustworthy 34 AI, 8 April 2019.
8. High Level Expert Group on Artificial Intelligence (AIHLEG), Ethics Guidelines for Trustworthy 34 AI, 8 April 2019.
9. IEEE Global Initiative for Ethical Considerations in Artificial Intelligence (AI) and Autonomous Systems (AS). [Electronic resource]. – Access mode: https://standards.ieee.org/news/2017/ieee_p7004.html (Accessed on April 2020).
10. Institute for Applied Psychometrics (IAP), Webpage on Cattell-Horn-Carroll (CHC) Theory and evolutions. [Electronic resource]. – Access mode: http://www.iapsych.com/CHCPP/CHCPP.HTML (Accessed on April 2020)
11. Cohn J. Google’s Algorithms Discriminate against Women and People of Color, Epub: Bright Magazine. May 16, 2019.
12. Mendoza-Caminade, Le droit confronté à l’intelligence artificielle des robots: vers l’émergence de nouveaux concepts juridiques? Recueil Dalloz (8 / 7677), 25 February 2016, p. 445 (in French).
13. Morozov V., Chukreev V., Rizayeva D. Legal regulation of technologically improved people in the United States and China // BRICS Law Journal. – 2022. – Vol. 9. No. 4. – P. 4-20. – DOI 10.21684/2412-2343-2022-9-4-4-20. – EDN VLEYZA
14. Epstein R., Roberts G., Beber G. Parsing the Turing Test: Philosophical and Methodological Issues in the Quest for the Thinking Computer. Ed. Springer, 2009.
15. Raffaele Giarda, Camilla Ambrosino, Artificial Intelligence in the administration of justice // Baker & McKenzie International blog. 2022
16. Ghaffary S. The algorithms that detect hate speech online are biased against black people, Epub: Vox. August 15, 2019
17. Techopedia. [Electronic resource]. – Access mode: https://www.techopedia.com/definition/31622/strong-artificial-intelligence-strong-ai (Accessed on April 2020).
18. Tessier V. Bonnemains, C. Saurel. Mettre l’éthique dans l’algorithme? // Blog Binaire du Monde. 2018.
19. UNESCO, Working document: Toward a draft text of a Recommendation on the Ethics of Artificial Intelligence: working document, Virtual discussion of the Ad Hoc Expert Group (AHEG) for the preparation of a draft text of a recommendation on the ethics of artificial intelligence, SHS/BIO/AHEG-AI/2020/3 REV, 2020.
LAW ENFORCEMENT
POPOV Alexander Maximovich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Peoples’ Friendship University of Russia
IMPLEMENTATION OF THE PRINCIPLE OF INDEPENDENCE OF JUDGES IN FOREIGN COUNTRIES
This article is dedicated to the consideration of the provisions of the fundamental principles of the judiciary. As the most general provisions expressing the essence and content of the phenomenon under study, the principles of the judicial system reflect the nature of the judiciary and the level of legal development of society. The status of the judiciary is revealed primarily by formulating the principles for its implementation. The ways in which the judiciary themselves can protect and promote the independence of the judiciary are considered.
Keywords: judicial system, judiciary, status of judges, foreign experience.
References
1. Basic principles of the independence of the judiciary (adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan (Italy), August 26 – September 6, 1985, approved by the resolutions of the UN General Assembly of November 29, 1985 No. 40/32 and of 13 December 1985 No. 40/146)
2. Basic principles of the independence of the judiciary (adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan (Italy), August 26 – September 6, 1985, approved by the resolutions of the UN General Assembly of November 29, 1985 No. 40/32 and dated December 13, 1985 No. 40/146)
3. Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Milan from August 26 to September 6, 1985, and approved by UN General Assembly Resolution 40/32 of November 29, 1985.
4. Rizaeva D. E., Manna. A. A. K. General characteristics of the circumstances excluding criminal liability in France and Germany // Bulletin of the Vladimir Law Institute. – 2016. – No. 4 (41). – S. 188-194. – EDN XDXUTB.
5. “The Ministry of Justice has included Bellingcat and The Insider in the list of undesirable organizations” // Vedomosti, July 26, 2022, 18:15 / Society. [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/news/2022/07/26/933155-minyust-vklyuchil-bellingcat-i-insider-v-spisok.
6. Angela Giuffrida, Lorenzo Tondo – Italy’s far-right interior minister, Matteo Salvini, escalates attack on judges // The Guardian, 2019. [Electronic resource]. – Access Mode: https://www.theguardian.com/world/2019/jun/06/salvini-steps-up-attacks-on-italian-judges-who-challenge-him.
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8. Commissioner for Human Rights of the council of Europe Dunja Mijatović, Turkey needs to put an end to arbitrariness in the judiciary and to protect human rights defenders, 2019.
9.Communication no. 387/1989 Karttunen v. Finland.
10. Contempt of Court, Reporting Restrictions and Restrictions on Public Access to Hearings // Revised: 04 May 2022, updated 09 September 2022|Legal Guidance. [Electronic resource]. – Mode of access: https://www.cps.gov.uk/legal-guidance/contempt-court-reporting-restrictions-and-restrictions-public-access-hearings.
11. Council of Europe Commissioner for Human Rights, Report on visit Poland, 28.06.2019. [Electronic resource]. – Mode of access: https://www.coe.int/en/web/commissioner/-/the-independence-of-judges-and-the-judiciary-under-threat.
12. Dunja Mijatović, The independence of judges and the judiciary under threat // Comments Human Rights comment, Strasbourg. [Electronic resource]. – Mode of access: https://www.coe.int/en/web/commissioner/-/the-independence-of-judges-and-the-judiciary-under-threat.
13. [Electronic resource]. – Access mode: https://www.devex.com/organizations/justice-studies-center-of-the-americas-jsca-60659.
14. Judge Paul L. Friedman, Threats to Judicial Independence and the Rule of Law // American Bar Association, 2019.
15. Judge Paul L. Friedman, Threats to Judicial Independence and the Rule of Law // American Bar Association, 2019.
16. Justice Studies Center of the Americas (JSCA). [Electronic resource]. – Access mode: https://cejamericas.org/en/home/
17. Lionel Cohen, Lecture – The Universality of the Rule of Law as an International Standard, Jerusalem, 2018.
18. Lucy West (2019) The limits to judicial independence: Cambodia’s political culture and the civil law, Democratization, 26:3, 537-553, DOI: 10.1080/13510347.2018.1553956.
19. Mona A. Rishmaw, The Harassment and Persecution of Judges and Lawyers // Center for the Independence of Judges and Lawyers, Gieneva-Switzerland, 1993.
20. Overview/CEELI Institute – Central and Eastern European Law Initiative. [Electronic resource]. – Access mode: https://ceeliinstitute.org.
21. Report following visit to Hungary by Commissioner for human rights of the council of Europe Dunja Mijatović, from 4 to 8 February 2019. [Electronic resource]. – Mode of access: https://rm.coe.int/report-on-the-visit-to-hungary-from-4-to-8-february-2019-by-dunja-mija/1680942f0d.
LAW ENFORCEMENT
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
LEGAL AND ORGANIZATIONAL ISSUES OF THE ACTIVITIES OF THE PEOPLE’S MILITIA IN BULGARIA
This article is one of a series of articles that provide a historical and legal overview of the provisions of the Law on the People’s Militia of the Bulgarian People’s Republic of 10/29/1976, which regulated various aspects of the activities of the police. Specifically, in this article, the author provides an overview of the provisions of the law that regulated the procedure for the use by the police for official purposes of vehicles of organizations and individuals, the appointment and application of preventive administrative measures by the police to certain citizens, as well as some features associated with serving in the police.
Keywords: Bulgaria, police, preventive administrative measures, structure, service.
References
1. “People’s Guard”. – Sofia, 1976, November 16.
2. Ebzeeva E. P. New legislation on the people’s militia in Bulgaria // Abroad: information collection. – M.: VNII MVD USSR, 1977. – S. 21-29.
3. Law enforcement officers of the socialist states. NRB police. 2012. [Electronic resource]. – Access mode: https://picturehistory.livejournal.com/6846355.html?ysclid=li1qepcep0410787201 (accessed 04/25/2023).
LAW ENFORCEMENT
BARYSHNIKOVA Mariya Vladimirovna
student of the 3rd course of the Samara Law Institute of the FPS of Russia
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF THE USE OF UNMANNED AERIAL VEHICLES IN OPERATIONAL SEARCH ACTIVITIES
This article reveals aspects of the use of unmanned aerial vehicles (UAVs) in operational investigative activities. In law enforcement, there is a rapid development of the technical direction, which allows the use of more and more new methods and means to prevent and solve crimes. Unmanned aerial vehicles allow you to get the maximum amount of information, thereby recreating the full picture of the crime and taking measures to find the persons who committed the criminal act. The author highlights the advantages of aircraft over traditional methods, namely: the ability to use devices regardless of weather conditions and time of day, thedetection of objects in hard-to-reach places, and most importantly guarantee the safety of operational personnel. The article provides ways to solve problems related to the activities of UAVs.
Keywords: operational search activity, unmanned aerial vehicles, methods of combating UAVs, finding persons.
References
1. Mityushin D. A. The role and place of systems and complexes with unmanned aerial vehicles in the activities of internal affairs bodies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 12. – P. 123-127.
2. Tkach M. E. Fuzzy identification of extended objects based on the results of satellite monitoring. // Intellectual resources – regional development. – 2019. – No. 1. – P. 104-109.
3. Ivanov D.S. The use of unmanned aerial vehicles by law enforcement agencies in the detection and investigation of crimes // Gaps in Russian legislation. – 2022. – No. 3. – P. 66-68.
4. Leonenko R. I. On the expediency of using unmanned aerial vehicles in the practice of inspection of accident sites in cases related to air crashes // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – M.: Publishing House of Moscow. University of the Ministry of Internal Affairs of Russia. – 2015. -№ 9. – P. 106-107.
5. Kezhov A. A., Grachev Yu. A., Stepanov I. V. Organizational and legal support of unmanned systems in the system of the Ministry of Internal Affairs of Russia // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 40-45.
6. Skory Yu. R., Burmistrov I. A. To the question of the legality of carrying out operational-search measures // Nauka-rastudent. – 2017. – № 2. – P. 87-92.
7. Barrat D. The last invention of mankind: Artificial intelligence and the end of the era of Homo sapiens // Science and intelligence. – 2016. – No. 14. – P. 304-305.
8. Myachkina N. The scope of unmanned aerial vehicles (UAVs) in the modern world // International Scientific and Technical Conference of Young Scientists of BSTU. – 2017. – S. 4736-4739.
9. Vytovtov A. V. The use of unmanned aerial vehicles during cultural events // Computational nanotechnology. – 2015. – No. 4. – S. 69-73.
LAW ENFORCEMENT
GUSEYNOV Amirdzhan Akhmedovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ABAZOV Andemirkan Borisovich
Ph.D. in Law, associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PUGACHEV Alexey Valerjevich
Ph.D. in pedagogical sciences, associate professor of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
AREAS OF WORK TO PREVENT MISTAKES OF LAW ENFORCEMENT OFFICERS IN HANDLING FIREARMS IN EVERYDAY ACTIVITIES
One of the components of the high professionalism of police officers is the ability to wield weapons [1]. This is what is emphasized in the governing documents of the Ministry of Internal Affairs of Russia, which indicate that the fire training of ordinary and commanding personnel is one of the most important directions in solving the tasks facing the internal affairs bodies at the present stage. In order to form and develop the skills of handling firearms among students of educational organizations of the Ministry of Internal Affairs of Russia, it is necessary not only to learn instructional information, but also to analyze typical mistakes of law enforcement officers in the daily handling of firearms. This article provides material for study and analysis in fire training classes.
Keywords: law enforcement officer, firearms, handling firearms, mistakes, warning, fire training.
References
1. Galkin D. M. On the issue of improving the technique of high-speed pistol shooting // Law enforcement agencies: theory and practice. – 2017. – No. 1. – P. 118-120.
2. Guseinov A. A. Actual problems of providing tactical training for employees of internal affairs bodies of the Russian Federation // Actual issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training for employees of internal affairs bodies: Proceedings of the international scientific-practical conference , St. Petersburg, May 21–22, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 189-192.
3. Guseinov A. A., Davletov V. I. On the importance of psychological training of cadets of educational organizations of the Ministry of Internal Affairs of Russia for the use of firearms // Actual problems of the theory and practice of special training in internal affairs bodies: Collection of scientific articles. INSero-Russian Scientific and Practical Conference, Moscow, October 06, 2021. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2021. – P. 98-100.
4. Guseinov A. A., Davletov V. I. The use of modern technical means in conducting classes in tactical and special training // Issues of improving the physical, tactical and special and fire training of police officers for operational activities: Volgograd, 21-28 April 2020. Volume Issue 3. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 36-41.
LAW ENFORCEMENT
KIM Vadim Olegovich
Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
AMELIN Sergey Gennadjevich
associate professor, associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
LESHCHENKO Evgeniy Alexandrovich
lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
ACTUAL PROBLEMS OF SPORTS AND PHYSICAL TRAINING AS AN ACADEMIC DISCIPLINE IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
In this article, the authors reveal and identify ways to solve the problems of sports orientation and physical training in general in educational organizations of the Ministry of Internal Affairs of Russia.
Solving these problems requires an integrated approach and a systematic approach to the organization of physical and special training of law enforcement agencies. It is necessary to develop a high-quality scientific base in this area, improve the level of qualification of trainers and researchers, as well as improve equipment and technologies.
Keywords: physical training, sports, fighting techniques of wrestling, physical activity, training process.
References
1. Stepanov G. I., Babin A. V., Zinnatov R. R. Actual problems in the formation of professional skills in the performance of combat techniques of struggle among employees of departments of internal affairs bodies // Eurasian Law Journal. – 2021. – No. 2 (153). – P. 373-374.
2. Aldoshin A. V. Sport in the professional physical training of police officers // Nauka i praktika. – 2014. – No. 3 (60). – S. 126-129. – ISSN 2311-5300.
3. Babin A. V. Innovative methodology for teaching the discipline “physical training” in educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Physical training of employees of the internal affairs bodies of the Russian Federation. Collection of scientific articles of the All-Russian competition. Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [and others]. – Volgograd, 2022. – S. 11-17.
4. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – P. 473-475.
LAW ENFORCEMENT
KANZAFAROV Marcel Albertovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
AMELIN Sergey Gennadjevich
associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
STRIGA Oleg Nikolaevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
ORGANIZATION AND CONDUCT OF INDEPENDENT PHYSICAL TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses aspects of the organization of independent physical training classes carried out during academic and extracurricular time by cadets and trainees, the procedure for their conduct within the framework of general professional and applied training. The effectiveness of self-development of operational and service skills is substantiated, the importance and inseparability of the development of physical qualities and maintenance of physical activity of students is also noted.
The relevance of the work is determined by the problems of maintaining and improving physical fitness as one of the main factors of the future successful professional activity of police officers, the successful application of their theoretical knowledge in work.
The purpose of the work is to analyze and summarize the main issues of organizing independent physical training, substantiating the role of its implementation.
Keywords: self-preparation, police officers, cadets, physical activity, professional work.
References
1. Babin A. V., Lukyanov A. B. Independent physical training in sports leisure activities of students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Topical issues of improving fire, physical and tactical-special training of students of educational organizations of the Ministry of Internal Affairs of Russia. collection of materials of the All-Russian scientific-practical conference. – Ufa, 2022. – S. 24-26. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=48766023 (date of access: 03/16/2023).
2. Panova O. S., Beletsky A. A., Babin A. V. et al. Organization of the process of independent physical training of students of educational organizations of the Ministry of Internal Affairs of Russia as an element of improving professional training // Global Scientific Potential. – 2022. – No. 11 (140). – S. 180-184. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=50153219 (date of access: 03/17/2023).
3. Kireeva D. I., Kuznetsov M. B. Some aspects of organizing and conducting independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Nauka-2020. – 2021. – No. 9 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-aspekty-organizatsii-i-provedeniya-samostoyatelnoy-fizicheskoy-podgotovki-kursantov-i-slushateley-obrazovatelnyh (date of access: 03/16/2023).
4. Babin A. V. Innovative methodology for teaching the discipline “physical training” in educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Physical training of employees of the internal affairs bodies of the Russian Federation. Collection of scientific articles of the All-Russian competition. Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [and others]. – Volgograd, 2022. – S. 11-17. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=50343373 (date of access: 03/16/2023).
5. Broev A.Kh. Organization of independent physical training of students of higher education institutions of the Ministry of Internal Affairs of Russia // Education. The science. Scientific personnel. – 2019. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-samostoyatelnoy-fizicheskoy-podgotovki-slushateley-vuzov-mvd-rossii.
6. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – S. 473-475. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114. (date of access: 03/18/2023).
LAW ENFORCEMENT
STUKANOV Ilya Andreevich
postgraduate student of the Russian Customs Academy, chief detective of the Central Investigative Customs Office of the Federal Customs Service
DETECTIVE ACTIVITY OF THE RUSSIAN CUSTOMS AUTHORITIES IN THE CONDITIONS OF THE SINGLE ECONOMIC SPACE OF THE EAEU: PROBLEMATIC ISSUES, SOLUTIONS, DEVELOPMENT PROSPECTS
The relevance of the research topic is due to a set of circumstances that directly affect the organization of ensuring Russia’s foreign economic security as a member of the Eurasian Economic Union (EAEU). For the purposes of the study, it is necessary to identify problematic issues of the implementation of investigative activities in the conditions of the single economic space, as well as to develop proposals for improving this activity. The empirical basis was the personal experience of the author’s service in the customs authorities of the Russian Federation; in addition, the dialectical method, the logical method, the method of comparative legal analysis, the method of analogy and extrapolation were used. In the course of the study of the available tools for interstate interaction of detective units of customs authorities in the fight against cross-border crime, the absence of an extraterritoriality mechanism during detective activities, differences in the qualification of customs torts, as well as the legal status of customs authorities as subjects of the detective activities in Russia and other EAEU member states was revealed. In order to improve the mechanisms of detective activities in the conditions of the single economic space of the EAEU, proposals have been put forward to amend the regulatory regulation of this activity at the national and interstate levels, as well as a number of practical measures.
Keywords: customs authorities, detective activity, investigative unit, Eurasian Economic Union, common Economic Space, cross-border crime, international cooperation.
References
1. Makarov A. V., Zhukova A. S. Law enforcement activities of the customs authorities of the Russian Federation in the conditions of the Customs Union // Legal World. – 2016. – No. 10. – P. 49-53.
2. Yakovets E. N. Problems of combating cross-border crime within the framework of the Commonwealth of Independent States // International criminal law and international justiceI. – 2021. – No. 1. – P. 15-18.
3. Kaldyshev A. N. Improving the model legislation in the field of security in the border space // Mezhdunarodnoe pravo. – 2019. – No. 2. – P. 34-41.
4. Karpika A. G. Topical issues of improving the legal regulation of the operational-search activity of the states – participants of the Eurasian Economic Union // YuP. – 2021. – No. 2 (97). – P. 126-130.
5. Fundamentals of operational-search activity: textbook: in 2 volumes. Vol. 1: General part / S. P. Zhdanov, O. G. Karpovich, E. S. Nedosekova and others; foreword V. B. Mantusova; ed. A. Yu. Shumilova. – M.: RIO of the Russian Customs Academy. – 2020. – 430 p.
6. Parmanasov A.D. Legislative regulation of operational-search activities in the countries-participants of the Eurasian Economic Union (based on the materials of the internal affairs bodies): dis. … cand. legal Sciences: – St. Petersburg, 2017. – 263 p.
7. Model law “On operational-search activity”. [Electronic resource]. – Access mode: http://docs.cntd.ru/document/902050857 (accessed 24.04.2023)
8. Laptev R. A., Kovarda V. V., Bolycheva E. A. Study of the role of the customs authorities of the EAEU countries in ensuring the economic security of national states and the integration association as a whole // Bulletin of Eurasian Science. – 2021. – No. 2. – P. 1-22.
9. Laptev R. A., Rogov R. A. Study of the role of customs authorities in ensuring the economic security of Russia in the context of globalization // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 1-1. – P. 77-85.
10. Nagaev A. M. The concept and signs of operational-search activity in the countries-participants of the Eurasian Economic Union // Issues of Russian justice. – 2021. – No. 1 5. – P. 557-565.
LAW ENFORCEMENT
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
MEDVEDEVA Inna Nikolaevna
senior researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
LAW ENFORCEMENT ACTIVITIES OF THE PEOPLE’S SECURITY CORPS OF THE CZECHOSLOVAK SOCIALIST REPUBLIC: HISTORICAL AND LEGAL REVIEW
In the early 70s, the ruling party and the Government of the Czechoslovak Socialist Republic adopted the Law “On the People’s Security Corps”. The People’s Security Corps was an integral part of the Ministry of Internal Affairs of Czechoslovakia. Considering the special position of the corps in the system of internal affairs bodies, the legislator assigned to it an extensive set of tasks in the field of ensuring public order and ensuring the state security of the country from protecting the state from the hostile activities of third countries to ensure road safety. At the same time, the legislator, endowing the corps employees with broad powers in the field of law enforcement, also embodied the principles of humanism, concern for the honor, dignity and authority of citizens. So, for the first time, citizens were allowed to refuse to testify in the event of a threat of initiation of a criminal case.
Keywords: Czechoslovakia, internal affairs bodies, law enforcement, historical and legal review.
References
1. Ebzeeva E. P. New legislation on the internal affairs bodies of Czechoslovakia // Abroad: information collection. – M.: VNII MVD USSR, 1977. – S. 36-38.
2. Zakon z dne 24 dubna 1974. About sboru narodni bespecnosti // “Zbirka zalconu”. – 1974. – № 6.
3. Federal Ministry of Internal Affairs of Czechoslovakia. 2023. [Electronic resource]. – Access mode: https://shieldandsword.mozohin.ru/soyuznik/cz/fmv6989/index.htm (date of access: 05/25/2023).
LAW ENFORCEMENT
IVANCHENKO Evgeniy Sergeevich
Ph.D. in pedagogical sciences, Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia
MINGULOV Ilnur Rashitovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
MUKHANOV Yuriy Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
FORMATION OF POWER ABILITIES IN THE FRAMEWORK OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article deals with the problem of the development of strength endurance among police officers in the process of their professional and service training. This physical quality plays a huge role in the formation of the general physical training of employees, ensuring the most effective performance of service and combat tasks aimed at ensuring law and order and legality, respect for human and civil rights and freedoms. The degree of resistance and resistance to external influences, the possibility of using the maximum resource of the body in extreme situations depends on the development of strength and strength endurance.
The paper describes the main means and methods of developing strength qualities, the principles of building strength training, and also substantiates the importance of developing strength and strength endurance as fundamental physical qualities in the professional activities of law enforcement officers.
The relevance of the work is determined by the requirement of constant and purposeful development of the physical qualities of employees of the internal affairs bodies, improving the level of their physical indicators that affect the possibility of skillful and correct use of physical force. In modern conditions, high demands are placed on police officers regarding professional physical training in order to combat crime.
Keywords: professional training, physical training, power, endurance, power abilities, police officer.
References
1. On the approval of the Manual on the organization of physical training in the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450.
2. Babin A. V., Mingulov I. R. Features of the formation of power abilities among employees of the Internal Affairs Directorate of the Russian Federation in the process of their physical training // In the collection: Improving the physical training of law enforcement officers. collection of scientific articles. – Orel, 2022. S. 30-33. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=49242525 (date of access: 03/16/2023).
3. Kardanov A. K. On the methods of improving the strength endurance of employees of special units of law enforcement agencies // Science and sport: modern trends. – 2018. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-metodah-sovershenstvovaniya-silovoy-vynoslivosti-sotrudnikov-spetsialnyh-podrazdeleniy-pravoohranitelnyh-organov (date of access: 04/07/2023).
4. Khazhirokov V. A. Features of the formation of power abilities among police officers in the process of their physical training // Science and sport: modern trends. – 2018. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-formirovaniya-silovyh-sposobnostey-u-sotrudnikov-ovd-v-protsesse-ih-fizicheskoy-podgotovki (date of access: 04/07/2023).
5. Babin A. V., Ivanchenko E. S., Ovechkin D. G. Physical activity as a quantitative indicator of the general physical training of police officers and cadets // Eurasian Law Journal. – 2022. – No. 8 (171). – S. 372-373. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=49720354 (date of access: 03/18/2023).
6. Sysoev A. A., Raznitsyn V. A. Speed-strength training of police officers. Means and methods of development of speed-strength abilities // Bulletin of economic security. – 2016. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/skorostno-silovaya-podgotovka-sotrudnikov-politsii-sredstva-i-metody-razvitiya-skorostno-silovyh-sposobnostey-1 (date of access: 04/07/2023).
SAFETY AND LAW
BAKHONINA Elena Igorevna
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
NASIBULLINA Valeriya Andreevna
magister student of the Ufa State Petroleum Technical University
TAZHETDINOVA Aisulu Azamatovna
magister student of the Ufa State Petroleum Technical University
YAKHINA Eliza Nailevna
magister student of the Ufa State Petroleum Technical University
CHANGES IN LABOR PROTECTION LEGISLATION RELATED TO THE OCCUPATIONAL RISK ASSESSMENT PROCEDURE
Trends in modern occupational safety and health go along the way of introducing preventive measures, one of such measures is to carry out the procedure of occupational risk assessment at work. As the issue of changes in labor protection legislation was very acute, amendments were introduced and new documents were developed, which came into force on March 1, 2022.
The article provides an analysis of the new requirementsments for occupational safety and health, which touched upon the procedure for assessing occupational risks.
The purpose of the article is to review the legislative acts regulating the procedure of occupational risk assessment.
Keywords: occupational injuries, occupational risk, occupational safety management system.
References
1. Abdrakhmanova K. N., Shabanova V. V., Fedosov A. V. et al. Application of accident development modeling and risk assessment to ensure the safe operation of oil and gas facilities // Safety of technogenic and natural systems. – 2020. – No. 2. – P. 2-13.
2. Belov P. G. Risk management, system analysis and modeling in 3 hours. Part 1: textbook and workshop for undergraduate and graduate students. – M.: Yurait Publishing House, 2019. – 211 p.
3. Belov P. G. Risk management, system analysis and modeling in 3 hours. Part 2: textbook and workshop for undergraduate and graduate students. – M.: Yurait Publishing House, 2019. – 250 p.
4. Belov P. G. Risk management, system analysis and modeling in 3 hours. Part 3: textbook and workshop for undergraduate and graduate students. – M.: Yurait Publishing House, 2019. – 272 p.
5. Labor protection: key changes from March 1, 2022. [Electronic resource]. – Access mode: https://www.garant.ru/article/1486534/ (date of access: 05/25/2023).
SAFETY AND LAW
DONSKIKH Dmitriy Valerjevich
postgraduate student of Comparative political science sub-faculty of the Faculty of Humanities and Social Sciences of the Peoples’ Friendship University of Russia
MELNIKOV Andrey Olegovich
postgraduate student of Comparative political science sub-faculty of the Faculty of Humanities and Social Sciences of the Peoples’ Friendship University of Russia
THE ROLE OF RUSSIA ON THE WAY TO THE ENERGY TRANSITION AND SUSTAINABLE DEVELOPMENT
The modern energy market is undergoing significant changes. In many ways, they are associated with such trends as decarbonization, increased attention to green energy, replacement of traditional energy carriers, and increased energy efficiency. This causes not only changes in the energy industry, but also in the social and political environment. The importance of energy exporters in the global energy market is declining, as is their influence on pricing. In general, these processes are called the energy transition. As part of the study, the task is to identify the modern features of the energy transition, its features at the present stage and the place of the Russian Federation as one of the largest energy exporters in the newly emerging energy market. The article analyzes the readiness of the Russian corporate sector to compete in the new conditions, identifies the potential of hydrogen energy, and analyzes the conditions of the country’s domestic market. One of the important results of the study is an assessment of the position of the Russian Federation on participation in the climate agenda and those forms of participation that will not affect the country’s economy in a negative way.
Keywords: Russia, energy transition, energy security, international relations.
References
1. Mekhdiev E. T., Sodikov Sh. D. On interregional energy projects with the participation of Central Asian countries (Tapi, Tutap, Iran – Pakistan, Casa-1000) // International relations. – 2017. – No. 3. – P. 68-79.
2. Guliyev I. A., Solovova Yu. V. Adaptation of the corporate and innovation strategy of international oil and gas companies to the trends of the energy transition // Economics: yesterday, today, tomorrow. – 2021. – V. 11. No. 8-1. – P. 262-269.
3. Sokolova E. S., Egorova L. I., Mekhdiev E. T., Toropova N. V. Shale revolution in the world: achievements and prospects // Oil and gas business. – 2020. – V. 18. No. 4. – S. 27-39.
SAFETY AND LAW
TEUVAZHEV Zaur Anisovich
lecturer of Activities of the internal affairs bodies in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE ROLE OF THE MEDIA IN COMBATING CRIME
The media play an important role in combating crime, both in revealing such facts and in preventing these processes. At the same time, the news-giver can play both a positive and a negative role in the law enforcement process. Careful verification of information and its sources before dissemination is essential. Ethical and professional standards will help maintain information security and prevent the spread of false information, which can lead to errors in the investigation and unfounded accusations. The competent use of the mass media as a whole will lead to a more effective fight against crime in general, including through the formation of the right attitude of society towards illegal acts and law enforcement agencies.
Keywords: mass media, news, role, crime, counteraction.
References
1. Bitov A. A., Zhukov A. Z., Abazov A. B. Actual problems of information and legal regulation of media activities in Russia // In the collection: BEST SCIENTIFIC WORK 2021. Collection of articles of the II International Research Competition. – Penza, 2021. – S. 139-141.
2. Kankulov A. Kh., Ryazanov K. K. Interaction of departments of internal affairs in the conduct of ORM to search for missing minors // Law and State: Theory and Practice. – 2022. – No. 9 (213). – P. 190-192.
3. Kushkhov R. Kh., Surtsev A. V., Napsokov A. R. Persons assisting the internal affairs bodies in the operational-search activity // Eurasian legal journal. – 2022. – No. 3 (166). – P. 404-405.
4. Lifanova L. G., Gauzhaeva V. A. Separate issues of organizing the verification of a crime report // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 277-278.
5. Shamaev A. M. Dissemination of deliberately false information as a basis for bringing to legal liability // Eurasian legal journal. – 2022. – No. 3 (166). – P. 423-424.
SAFETY AND LAW
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
TAZHETDINOVA Aisulu Azamatovna
magister student of the Ufa State Petroleum Technical University
NASIBULLINA Valeriya Andreevna
magister student of the Ufa State Petroleum Technical University
KONSTANTINOVA Olga Valerianovna
magister student of the Ufa State Petroleum Technical University
ANALYSIS OF THE REQUIREMENTS OF THE RUSSIAN FEDERATION LEGISLATION IN THE FIELD OF OCCUPATIONAL SAFETY TRAINING
The state of the occupational safety training process at present can be characterized as inconsistent and ambiguous. On the one hand, there are a number of positive trends, which show that occupational safety issues are becoming more and more important and in demand. However, on the other hand, there are still problems associated with the lack of awareness of workers in the field of occupational safety and health, as well as insufficient effectiveness of training methods.
The article critically analyzes the changes in regulatory requirements for occupational safety training.
The purpose of the article is to review the changes in the legislative requirements and to compare the new rules on occupational safety training with the repealed rules.
Keywords: occupational safety, occupational safety training, regulatory rules, government decree.
References
1. Development of a software product to improve the organization of the learning process in the field of labor protection / A.V. Fedosov, N.Kh. Abdrakhmanov, R.R. Valeeva [et al.] // Protection of the environment in the oil and gas industry. – 2023. – No. 3 (312). – P. 48-53.
2. Fedosov A. V., Abdrakhmanov N. Kh., Guseva A. S., Akhmetyanov R. R. Possibility of using the results of non-destructive testing to assess occupational risks in the system of labor protection management // Safety of technogenic and natural systems. – 2022. – No. 1. – P. 4-8.
3. Fedosov A. V., Askarova A. A. Modeling of the biological factor in the special assessment of working conditions // Life safety. – 2016. – No. 1 (181). – P. 14-17.
4. Vadulina N. V., Abdrakhmanov N. Kh., Fedosov A. V., Valekzhanin D. Yu., Ismagilov M. I., Rasulov S. R. Investigation of industrial accidents. – Text: direct // Oil and gas business. – 2022. – P. 138.
5. Fedosov A. V., Abdrakhmanov N. Kh., Tazhetdinova A. A., Ismagilov M. I., Bakirov D. R. Features of the production control over the state of working conditions at oil and gas enterprises. complex. – 2022. – No. 4 (307). – S. 47-53
STATE AND LAW
KHAVADZHI Dinara Remzievna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice
FORMATION OF THE INSTITUTE OF ADVOCACY IN RUSSIA IN THE MID-XIX – EARLY XX CENTURIES
This article discusses aspects of the formation and development of the institution of advocacy in Russia in the middle of the 19th and early 20th centuries. The Russian Federation is a legal state in which the protection of the rights and freedoms of man and citizen is ensured. Judicial protection of the rights and freedoms of citizens is guaranteed by Art. 46 of the Constitution of the Russian Federation Constitutional guarantees of the rights and freedoms of man and citizen. In this aspect, the bar acts as a social and legal institution, whose activities include the protection of the rights, freedoms and legitimate interests of a person in court in the ways established by law.
Keywords: advocacy, judicial protection, rule of law, qualified legal assistance, judicial reform, jury trials.
References
1. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Federal Law No. 63-FZ of May 31, 2002 “On Advocacy and Advocacy in the Russian Federation” (as amended and supplemented, effective from March 1, 2022). // [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_36945/
3. Gorbunova, N. A. Historical features of the development of the legal profession in Russia // Electronic scientific journal “Science. Society. State” – 2017 – Vol. 5. – No. 1 (17). [Electronic resource]. – Access mode: https://esj.pnzgu.ru/page/37823.
4. Law of the RSFSR of November 20, 1980 “On Approval of the Regulations on the Bar of the RSFSR”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_213/
5. Law of the USSR of November 30, 1979 “On the Bar in the USSR”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_7/ (date of access: 20.02.2023)
6. Law of the RSFSR of November 20, 1980 “On Approval of the Regulations on the Bar of the RSFSR”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_213/
7. History of court and justice in Russia: in 9 volumes / executive editors: V. V. Ershov, V. M. Syrykh; Russian State University of Justice. – Moscow: Norma, 2016. – V. 7: Judiciary and legal proceedings during the periods of NEP and building the foundations of socialism (1921 – 1956) / V. M. Syrykh. – 2022. – 687 p. – ISBN 978-5-00156-162-0.
8. Shamba T.S. Advocacy as an element of the system of the rule of law: Russian realities and problems of the early XXI century // Journal “Eurasian Advocacy” Founders: Eurasian Research Institute of Problems of Law. – 2017. – No. 3 (28). [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=29429778.
9. Chorny I. N. Advocacy as an institution for the protection of the rights and freedoms of the individual: historical and legal research // Abstract of the thesis. dis. … cand. legal Sciences. – St. Petersburg, 2011. [Electronic resource]. – Access mode: https://www.dissercat.com/content/advokatura-kak-institut-zashchity-prav-i-svobod-lichnosti.
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service» p> PEDAGOGICAL PREVENTION OF AGGRESSIVE BEHAVIOR IN MINORS
This article discusses the prevention of aggressive behavior in minors. The main factors contributing to adolescent aggression are considered. The pedagogical prevention of aggressive behavior in minors is proposed, which includes the use of various approaches, consisting in the use of positive methods of education and training in an educational institution.
Keywords: aggressive behavior, deviant behavior, pedagogical prevention, offender, teenager, minor.
References
1. Fedoseeva I. V. The problem of prevention and correction of aggressive behavior of minors // 2010. – No. 4-1. – P. 102-105.
2. Zorina N. S. Criminological aspects of the study of criminal aggression of minors // Law and law. – 2023. – № 2. – P. 185-187.
3. Ratinov A. R. To the core of the personality of the criminal // Actual problems of angular law and criminology. – M.: PH All-Union. in-ta for training causes and work. measure of predetermination of offenses, 1981. – S. 67-86.
4. Dugenets A. S., Pavlova L. V. On some issues of organizing individual preventive work in relation to minors as a way to protect their rights // Actual problems of administrative and administrative procedural law (Sorokin readings): Collection of articles based on international scientific and practical conference, St. Petersburg, March 24, 2023 / Under the general editorship of A. I. Kaplunov, compiled by: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – St. Petersburg: SankPetersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 672-677.
5. Decree of the President of the Russian Federation dated May 29, 2017 No. 240 “On the announcement of the Decade of Childhood in the Russian Federation” Access from reference books. – legal system “ConsultantPlus”.
6. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency” Access from references. – legal system “ConsultantPlus”.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogic sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
MIKHELEV Andrey Mikhaylovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
THE IMPORTANCE OF FORMING INTERCULTURAL COMPETENCE IN STUDENT EDUCATION
The article is of interest to students and university professors. As the title implies the article describes the problems of intercultural communication. It draws our attention to the formation of intercultural competencies that contribute to the resolution of intercultural problems. It should be stressed that the formation of intercultural competencies among students in the learning process is emphasized which is one of the most important tasks of foreign language education in the process of productive intercultural communication. The groups of directions that form intercultural communicative competence are considered in detail. This article will be of great help at the studying of foreign students’ adaptation in higher education and in everyday life. It gives a detailed analysis of the prevention of the occurrence of difficulties that may arise in the process of adaptation to new conditions. The text transmits a valuable information about the culture of communication, rules of conduct and knowledge of non-verbal forms of expression which contribute to better communication. The need is stressed to employ information about life, language, culture, traditions and customs. In the article conclusions are drawn that intercultural competence occurs during the interaction of cultural contacts in various fields of activity.
Keywords: intercultural communication, intercultural competencies, culture, learning foreign languages, communication.
References
1. Arustamyan D. V., Baikova E. D. Intercultural communication as a process of interpersonal interaction. — Text: direct // Young scientist. – 2014. – No. 1 (60). – S. 734-736.
2. Berestovskaya D.S. Text and communication in the space of culture: a collective monograph / Ed. ed. D. S. Berestovskaya, I. A. Andryushchenko. – Simferopol: IT “ARIAL”, 2019.
3. Guzikova M. O., Fofanova P. Yu. Fundamentals of the theory of intercultural communication: [proc. allowance]. Ministry of Education and Science Ros. Federation, Ural.feder. un-t. – Yekaterinburg: Publishing house of Ural.un-ta, 2015. – 124 p.
4. Denisova I. V., Eremenko A. P. Types of intercultural communications // IV International Student Electronic Scientific Conference “Student Scientific Forum” February 15 – March 31, 2012.
5. Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university // Bulletin of the Maikop State Technological University. – 2015. – P. 74-76.
6. Leontovich O. A. International education on the basis of the Center for American Studies of the VSPU // Modernization of the content and methods of foreign language education as a priority in the context of continuous language education”: abstract. report II Region. scientific-practical. conference, Volgograd 17-18 Jan. 2003 / Comp.: S. A. Pyataeva, M. A. Zheleznyakova. – Volgograd: Change, 2003. – S. 32-33.
7. Pluzhnik I. L. Formation of intercultural communicative competence of students of the humanitarian profile in the process of professional training”: author. dis. … Dr. ped. Sciences. – Tyumen, 2003. – 25 p.
8. Sakhno I. V. Intercultural competence as a condition for successful business negotiations // Bulletin of TSU. – 2014. – № 4 (132).
9. Sadokhin A. P. Introduction to intercultural communication. – M .: Higher School, 2005. – 310 p. – 3000 copies. — ISBN 978-5-406-02451-5.
10. Ter-Minasova S. G. Language and intercultural communication. – Moscow: Lomonosov Moscow State University, 2008. – 352 p.
11. Frick T. B. Fundamentals of the theory of intercultural communication: textbook. – Tomsk: Tomsk Polytechnic University, 2013. – 100 p.
12. Hall E. T. Hidden Differences: Studies in International Communication. – Grunder&Jahr, 1983. – P. 24.
PEDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
KONSTANTINOV Vladimir Nikolaevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ZIGANSHIN Marcel Nursievich
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
TOPICAL ISSUES OF FIRE TRAINING, THE STATE, PROSPECTS FOR IMPROVEMENT, TRAINING METHODS
This article discusses some issues related to: digitalization of fire training training, methods of increasing knowledge, skills, and specific step-by-step actions to achieve a positive result. Since it is constant training and honing skills that will help the student in his daily professional activities. Thus, a competent, correct and timely compiled algorithm, upon achieving a qualitative result, will play a decisive role for an employee of the internal affairs of the body in increasing their knowledge, skills and abilities that they will apply in their professional activities.
Keywords: systems improvement, training, training, student, fire training, weapons.
References
1. Anpilogova A. V., Antsiferova A. A., Tarykin V. K. Features of fire training of employees of internal affairs bodies // Criminal law in an evolving society: problems and prospects: a collection of scientific articles within the framework of a symposium with international participation / Editorial Board : A. A. Gorokhov (responsible ed.). – Kursk, 2021. – S. 23-28.
2. Akhiyarov R. A. The use of electronic simulators in the training of employees of internal affairs bodies // Service and applied sports of the Ministry of Internal Affairs of Russia: current state and directions for improvement: Collection of materials of the All-Russian Scientific and Practical Conference, Ufa, June 25, 2020 / Under the general editorship O. S. Noskova. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 106-108. – EDN ZHFFZU.
3. Gedgafov M. M. Application of modern training technologies in the training of shooters // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 148-150.
4. Ivanov V. E., Kuznetsova E. V., Yablonsky K. A. Actual problems of providing fire training as an integral part of the professional service training of employees of the internal affairs bodies of the Russian Federation // North Caucasian Legal Bulletin. – 2019. – No. 1. – P. 79-83.
5. Nikolaev N. Yu. Psychological difficulties in the use of firearms by employees of the internal affairs bodies // Training for law enforcement agencies: modern trends and educational technologies: materials of the twenty-seventh All-Russian scientific and methodological conference, Irkutsk, March 01–02, 2022. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 116-118. – EDN KNVXCA
6. Savilov R. A. Features of fire training of employees of internal affairs bodies // Criminal law in an evolving society: problems and prospects: a collection of scientific articles by students / South-Western State University, Union of Criminalists and Criminologists, Moscow State Law Academy named after O.E. Kutafina, 2018. – S. 282-286.
7. Takov A. Z. Problems of the use of competencies in training students of educational organizations of the Ministry of Internal Affairs of Russia in the classroom for fire training // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 212-214.
PEDAGOGY AND LAW
SUKHORUKOV Vladimir Anatoljevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
POLITICAL AND EDUCATIONAL WORK WITH THE INTERNAL AFFAIRS AGENCIES OFFICERS
Based on historical materials the process to form and develop the system of both political bodies and political work in the internal affairs agencies during the Soviet period is analyzed in the article. Absence of political education of officers in the post-Soviet period resulted in the negative quality of educational work. To ensure the effectiveness of protecting the rights and freedoms of citizens, increasing the professionalism and reliability of law enforcement agencies as well as strengthening public confidence to them, it is necessary to carry out not educational, but political and educational work with law enforcement officers. The author proposes to reform the institution of political officials in law enforcement agencies.
Keywords: educational work, moral and psychological support of the internal agencies affairs activities, state ideology, political bodies, specialist working with personnel / staff, political and educational work.
Reference list:
1. Issues of organizing the moral and psychological support of the activities of the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated December 25, 2020 No. 900. – Text: electronic // ATP “ConsultantPlus”.
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 Technological University.
RODIONOV Gleb Antonovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University
MINNIGALEEVA Alsu Alfirovna
senior lecturer of Foreign languages with the Latin language course sub-faculty of the Bashkir State Medical University of the Ministry of Health of Russia
IMPORTANCE OF INTERCULTURAL COMMUNICATION IN COOPERATION WITH FOREIGN PARTNERS IN THE OIL AND GAS INDUSTRY
The article discusses the problems associated with the interaction of Russian oil and gas, petrochemical companies with foreign partners in the context of intercultural dialogue in the process of concluding agreements on joint cooperation, as well as when exchanging the experience of employees. The main task of the article is to identify the features and weaknesses in the communicative interaction of peoples with completely different cultures, mentalities, communication manners and worldview. The authors analyze in detail the specifics of the communicative behavior of each ethnic group for comparison with the state-forming people of Russia. In the future this will help in the successful conduct of business meetings with foreign representatives of oil and gas and petrochemical companies, as well as in dialogues when employees work together under the experience exchange program. Attention is given to a large number of successful meetings, professional interaction between employees of different companies. All this can help to entail more interested investors to participate in the development of large joint projects and industrial enterprises, thereby having a positive impact on the social and economic sphere of the country. It is also worth noting that interest in the culture of another people and knowledge of its basic elements expands a person’s horizons and enriches him spiritually.
Keywords: dialogue, language, cooperation, petrochemistry, culture, communication.
References
1. Golovina A.S. Business negotiations. Winning strategy. – Peter, 2021. – 185 p.
2. Cooley Ch. Public organization // Texts on the history of sociology of the XIX-XX centuries. Reader. – M.: Nauka, 1994. – P. 379.
3. Latypova E. R., Alekseev K. E., Ermolenko A. D., Klyavlin A. M. Intercultural communication between representatives of various cultural groups in the Internet // Science and School. – 2020. – No. 3. – P. 164-171.
4. Latypova E. R., Musina A. R., Egorova D. V. The role of communications in the modern information society // Questions of Pedagogy. – 2020. – No. 5-1. – P. 204-207.
5. Matyash O. I. What is communication and do we need a communicative education // Siberia. Philosophy. Education. – 2002. – V. 6. – S. 37.
6. Shamshurin I. A., Latypova E. R., Mukhamadieva K. T. Features of intercultural interaction of design engineers // World of Science. Sociology. Philology. Culturology. – 2022. – T. 13. No. 2.
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8. Belgium. – [Electronic resource]. – Access mode: https://geo-culture.ru/country/belgium (date of access: 11/13/2022).
9. Ten features of German communication. – [Electronic resource]. – Access mode: https://germany.nashieu.com/interesno/devyat-osobennostej-obshheniya-nemtsev (date of access: 11/13/2022).
10. Indian verbal communicative behavior. – [Electronic resource]. – Access mode: https://vuzlit.com/846514/indiyskoe_verbalnoe_kommunikativnoe_povedenie (date of access: 11/13/2022).
11. Culturological views of I. G. Herder. – [Electronic resource]. – Access mode: https://psyera.ru/kulturologicheskie-vzglyady-i-g-gerdera_13666.htm (date of access: 11/13/2022).
12. Non-verbal behavior of Russians and Japanese in a comparative aspect. – [Electronic resource]. – Access mode: https://7universum.com/ru/philology/archive/item/3298 (date of access: 11/13/2022).
13. Features of communication with the Chinese. – [Electronic resource]. – Access mode: https://readmas.ru/mir/goroda-i-strany/osobennosti-obshheniya-s-kitajcami.html (date of access: 11/13/2022).
14. Development of Sakhalin deposits. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/3779056 (date of access: 11/13/2022).
15. Russians and Americans – the difference in the mentalities of the two peoples. – [Electronic resource]. – Access mode: https://americausa.ru/kultura/rossiyane-i-amerikancy-raznica-mentalitetov-dvux-narodov.html (date of access: 11/13/2022).
16. Russians and Americans: comparison of national characters. – [Electronic resource]. – Access mode: http://rustrana.rf/4145/Russians-and-Americans-comparison-of-national-characters (date of access: 11/13/2022).
17. Negotiating style of representatives of developing countries. – [Electronic resource]. – Access mode: https://spravochnick.ru/mezhdunarodnye_otnosheniya/stil_vedeniya_peregovorov_predstavitelyami_razvivayuschihsya_stran (date of access: 11/13/2022).
18. Edward Hall: Fundamentals of Intercultural Communication. – [Electronic resource]. – Access mode: https://ludirosta.ru/post/edvard-kholl-osnovy-mezhkulturnoy-kommunikatsii_1794 (date of access: 11/13/2022).
PSYCHOLOGY AND LAW
ISKRA Nikita Sergeevich
student of the 4th course of the Faculty of Training Specialists for the Judicial System (Faculty of Law) of the Crimean branch of the Russian State University of Justice
RIMSKIY Vladislav Gennadjevich
bachelor’s degree in Psychology, 1st year student of the master’s degree in the field of training “Psychology of development. Age psychology” of the Fevzi Yakubov Crimean Engineering and Pedagogical University
NADTOCHIY Mariya Sergeevna
bachelor’s degree in Law, Legal adviser of the State Crimea Public Institution of the Republic of Crimean Republican Emergency Rescue Service “CRIMEA-SPAS”
PROSPECTS FOR THE DEVELOPMENT OF LEGISLATION IN THE FIELD OF PSYCHOLOGICAL REGULATION IN THE INTERESTS OF SUSTAINABLE DEVELOPMENT
In this article the current state of legislative regulation in the Russian Federation is considered, international experience is studied. Based on international experience and best practices, specific recommendations for the development of legislation are given. The article emphasizes the advantages and importance of the development and legal regulation of psychological activity. The article serves as a valuable resource for lawyers, psychologists, politicians and stakeholders involved in the formation of the legal framework of psychological activity in the Russian Federation.
Keywords: legal regulation, psychologists, psychological activity, unified system, complex structure, prospects for legislative development, international experience, professional standards, protection of psychologists and clients, professional mobility, research and innovation, public trust, recommendations, stakeholders.
References
1. Lyz N.A. On the structure of human mental health (a review of studies) // Proceedings of the Southern Federal University. Technical science. – 2004.
2. Psychologist’s Code of Ethics // Russian Psychological Society. – [Electronic resource]. – Access mode: http://rpo.rf/rpo/documentation/ethics.php (date of access: 05/04/2023).
3. List of Professional Associations of Psychologists, Psychotherapists, Psychiatrists // Internet resource LifeCon. – [Electronic resource]. – Access mode: https://lifecon.ru/associations/ (date of access: 04/05/2023).
4. Qualification standards – Practicing psychologists // Health Professions Council. – [Electronic resource]. – Mode of access: https://www.hcpc-uk.org/resources/standards/standards-of-proficiency-practitioner-psychologists/ (Accessed 04/05/2023).
5. National Health Service Reform and Health Care Professions Act 2002. – [Electronic resource]. – Mode of access: https://www.legislation.gov.uk/ukpga/2002/17/notes/contents (accessed 05/04/2023).
6. German Psychological Society. – [Electronic resource]. – Access mode: https://www.dgps.de/ (date of access: 05/06/2023).
7. Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General data protection rules). – [Electronic resource]. – Access mode: https://ogdpr.eu/ru/gdpr-2016-679 (date of access: 04.05.2023).
8. Association of Dutch Psychologists (NIP). – [Electronic resource]. – Access mode: https://psynip.nl/ (date of access: 05.05.2023).
9. Association of State and Provincial Psychological Councils (ASPPB). – [Electronic resource]. – Access mode: https://www.asppb.net/ (date of access: 05/06/2023).
10. American Psychological Association (APA). – [Electronic resource]. – Access mode: https://www.apa.org/ (date of access: 05/06/2023).
11. Results of the survey “Prospects for the development of legislation in the field of psychologyregulation for sustainable development”. – [Electronic resource]. – Access mode: https://docs.google.com/forms/d/1iA1aVjqDBFOvARxdqYyeH3tiUXap3FfifbJFxuOPDUI/viewanalytics (accessed 05/08/2023).
PSYCHOLOGY AND LAW
ISAEV Murad Shamilovich
postgraduate student of Psychology and socio-cultural service sub-faculty of the Don State Technical University
PSYCHOLOGICAL FACTORS INFLUENCING THE VERDICT OF THE JURY
This article is dedicated to the analysis of the role of psychological factors that influence jurors in reaching a verdict. Through the analysis of theoretical and empirical data, the authors come to the conclusion that among the main psychological factors that determine the verdicts of jurors are the level of legal awareness and anxiety of citizens. It is also established that the verdict of the jury directly depends on the quality of the preparation of the criminal case for trial and the preliminary investigation conducted.
Keywords: jurors, psychological factors, emotions, verdict, level of legal development, legal awareness.
References
1. Kondrachuk ON Influence of emotions on the verdict of jurors // Bulletin of the Orenburg State University. – 2005. – No. 3-1 (41). – P. 65-68.
2. Lebon G. Psychology of peoples and masses. – M., 1996.
3. Kuchaeva A. A. Psychological factors influencing the verdict of jurors // Scientific notes: a collection of scientific papers, Orenburg, November 14-15, 2019. – Orenburg: RPK Poliart, 2020. – P. 159-163.
4. Kalashnikova A. S., Levochkina N. S. Internal factors affecting the verdict of jurors // Psychology and Law. – 2013. – No. 2. – P. 11-21.
5. Rybakov V. A. Legal consciousness: to the question of the concept // Bulletin of the Omsk University. Series: right. – 2015. – № 3 (44).
6. Gulevich OA Psychological foundations of jurisprudence: Textbook. – M., 2009.
7. Sulaeva Zh. A. Problems of formation of motivation for professional development of personality in modern society. – Makhachkala: FGBOU VO “DSTU”, 2023. – 100 p.
LAW ENFORCEMENT
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activity of internal affairs sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant of colonel police
VOSKOBOEV Alexander Ivanovich
Ph.D. in pedagogical sciences, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
ARTAMONOVA Maryia Alexandrovna
Ph.D. in Law, lecturer of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
NURUTDINOV Ilnur Ildusovich
senior lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia, major of police
ACTUAL PROBLEMS OF MORAL AND PSYCHOLOGICAL TRAINING OF POLICE OFFICERS
Moral and psychological training of police officers plays an important role in the professional activities of police officers. This article presents an overview of the current aspects and methods of moral and psychological training of police officers. The authors highlight the impact of moral and psychological aspects on the work of the police, consider the problems and challenges faced by police officers, and propose strategies and methods for effective training of police officers in this area.
Keywords: moral training, psychological training, police training, professional deformation, professional burnout, prevention of professional deformation.
References
1. Agapov V. S., Feldman I. L., Rodnova Yu. S., Smirnova I. E. The relationship of stress resistance, emotional burnout and the effectiveness of professional activity of employees of internal affairs bodies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vzaimosvyazi-stressoustoychivosti-emotsionalnogo-vygoraniya-i-effektivnosti-professionalnoy-deyatelnosti-sotrudnikov-organov (date of access: 05/29/2023).
2. Guralev V. M., Fomin S. A. Psychological training of employees of special units in the police department // Scientific component. – 2019. – No. 4 (4). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-podgotovka-sotrudnikov-spetsialnyh-podrazdeleniy-v-ovd (date of access: 05/29/2023).
3. Dvortsova E. V. Emotional intelligence and stress resistance as factors of professional burnout of law enforcement officers // Theory and practice of socio-humanitarian sciences.auc. – 2022. – No. 1 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/emotsionalnyy-intellekt-i-stressoustoychivost-kak-faktory-professionalnogo-vygoraniya-sotrudnikov-pravoohranitelnyh-organov (date of access: 05/29/2023).
4. Mashekuasheva M. Kh. Topical issues of professional training of police officers: moral and psychological aspect // Gaps in Russian legislation. – 2017. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-professionalnoy-podgotovki-sotrudnikov-politsii-moralno-psihologicheskiy-aspekt-1 (date of access: 05/29/2023).
5. Mashekuasheva M. Kh. Actual problems of professional and psychological training in the internal affairs bodies of the Russian Federation // Theory and practice of social development. – 2015. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-professionalnopsihologicheskoy-podgotovki-v-organah-vnutrennih-del-rossiyskoy-federatsii (date of access: 05/29/2023).
6. Tsilik V. A. Modern problems of moral and psychological training of employees of the internal affairs bodies of the Russian Federation // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2015. – No. 2 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-problemy-moralno-psihologicheskoy-podgotovki-sotrudnikov-organov-vnutrennih-del-rossiyskoy-federatsii (date of access: 05/29/2023).
LAW ENFORCEMENT
KHAMITOV Ainur Rasimovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of MIA of Russia, major of police
BUKHTOYAROV Ivan Ivanovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain police
DEVELOPMENT OF THE READINESS OF POLICE OFFICERS TO ACT IN SPECIAL CONDITIONS
This scientific article is dedicated to the development of readiness of employees of internal affairs bodies to act in special conditions. In the conditions of modern society, where various threats and challenges are faced, police officers should be ready to act effectively in a variety of situations, such as emergencies, terrorist acts, mass riots and others. The authors consider the main factors influencing the training of police officers to act in special conditions, as well as consider the process of developing specialized programs and plans for training police officers to act in special conditions.
Keywords: special conditions, readiness development, training of police officers, extreme conditions, psychological training.
References
1. Gubenkov A. O., Durnev A. I. Non-standard methods and forms of conducting fire training classes as an element of ensuring the personal safety of an internal affairs officer // Nauka-2020. – 2021. – No. 1 (46). – P. 160-164.
2. Nosova D.Kh., Amirova L.A., Khatuaev M.O. Psychological and pedagogical aspects of the development of police officers’ readiness for professional activity // Psychology and Pedagogy of Service Activities. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologo-pedagogicheskie-aspekty-razvitiya-gotovnosti-sotrudnikov-politsii-k-professionalnoy-deyatelnosti (date of access: 05/26/2023).
3. Ivanov A. K. Issues of psychological readiness of police officers to use firearms // Eurasian scientific journal. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-nauki-voprosy-psihologicheskoy-gotovnosti-sotrudnikov-politsii-k-primeneniyu-ognestrelnogo-oruzhiya (date of access: 05/26/2023).
4. Sorokotyagin IN Psychology of the use of weapons by police officers // Psychopedagogy in law enforcement agencies. – 1996. – No. 1 (3). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-primeneniya-oruzhiya-sotrudnikami-militsii (date of access: 05/29/2023).
5. Tikhonovich M. I. Formation of the psychological readiness of employees of internal affairs bodies to use firearms in real conditions // Science-2020. – 2022. – No. 1 (55). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-psihologicheskoy-gotovnosti-sotrudnikov-organov-vnutrennih-del-k-primeneniyu-ognestrelnogo-oruzhiya-v-realnyh (date of access: 05/29/2023).
6. Chunosov M. A. Components of the professional readiness of employees of internal affairs bodies to perform official tasks in extreme situations. Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. -2021. – No. 3-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/komponenty-professionalnoy-gotovnosti-sotrudnikov-organov-vnutrennih-del-k-vypolneniyu-sluzhebnyh-zadach-v-ekstremalnyh-situatsiyah (date of access: 05/26/2023 ).
SOCIOLOGY AND LAW
BAIROV Andrey Semyonovich
Ph.D. in science philosophicals, senior lecturer of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia
DRUG PREVENTION METHODS (ON THE EXAMPLE OF THE REPUBLIC OF BURYATIA)
The article analyzes the processes of globalization and westernization that contributed to the liberalization of the illegal consumption of controlled psychedelic substances, the growth of drug trafficking in the country since the early 1990s. The work examines the legal acts that have become the cause of drug addiction in Russia, incl. revitalization of the activities of world drug syndicates and other criminal entities that contributed to the spread of drug addiction. The author considers drug addiction as a consequence of the cessation of anti-drug propaganda and the establishment of the principle of voluntary treatment for drug addiction in 1992, as well as the liquidation of medical and labor dispensaries. Particular attention is paid to the abolition of administrative and criminal liability for the use of drugs for non-medical purposes in 1991 as a concrete historical reason for the increase in the number of drug addicts. The novelty of the study lies in seeing a logical connection between the change in the state foreign policy, domestic political decisions of the legislature in the field of drug policy and the drug situation in the country. The relevance of preventing the spread of consumption of narcotic drugs and psychotropic substances by returning medical and labor dispensaries is due to the fact that these measures will reduce the level of drug crime, the involvement of the population in illegal drug trafficking by isolating drug users for the purpose of compulsory treatment.
Keywords: Narcotization, sociological research, medical and labor dispensaries, cannabis, drug situation, demand.
References
1. Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens in its provision” dated 02.07.1992 No. 3185-1.
LANGUAGE AND LAW
LYSENKO Nelly Alexeevna
master in Law, senior lecturer of Linguistics and foreign languages sub-faculty of the Russian State University of Justice (RLA of the Ministry of the RLA of Russia)
MOLCHANOVA Svetlana Evgenjevna
associate professor of Linguistics and foreign languages sub-faculty of the Russian State University of Justice (RLA of the Ministry of the RLA of Russia)
THE MAIN FEATURES OF THE USE OF THE INFINITIVE IN LEGAL DOCUMENTS
The purpose of the article is to consider specific features of usage of the Infinitive in legal documents. The tasks the author makes an attempt to carry out are: to determine which syntactic functions are typical for the Infinitive and which forms of the Infinitive are characteristic of the above mentioned kind of documents, as well as to find out some peculiarities of its functioning. The conducting research provided the author with the conclusion that the non-finite form of the verb performs the following syntactic functions in this type of discourse: a part of a compound verbal modal predicate, attribute, object, complex subject, adverbial modifier of purpose, subject, predicative, complex object, a part of a compound verbal aspect predicate. The Infinitive is used as a part of such infinitive structures as the Subjective Infinitive Construction and the Objective with the Infinitive Construction in 9 % of its functioning. The most frequently used forms of the Infinitive are Simple Active and Simple Passive, which is more typical here than in other functional styles. Perfect Active Infinitive occurs mainly when the Infinitive is a part of the Subjective Infinitive Construction. Perfect Passive form can be found within the same construction but in more rare cases.
Keywords: the Infinitive, syntactic functions of the Infinitive, forms of the Infinitive, legal documents.
References
1. Molchanova S. E. Features of the use of impersonal forms of the English verb in modern colloquial speech // Humanitarian and social sciences. – 2020. – No. 3. – P. 96-108.
2. Legal translation: textbook for translation from English into Russian / Ed. ed. P. V. Rybina. – M.: Prospect, 2019.
ECONOMY. RIGHT. SOCIETY
AVDEEVA Larisa Alekseevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
KHAZHI-ALIEV Ibrahim Magomedovich
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
IMPROVING THE METHODOLOGICAL APPROACH TO PERFORMANCE EVALUATION OF THE USE OF LIQUID INFLOW WATER LIMITATION OPERATING PROCEDURE IN OIL WELLS
The article proposes methodological approaches to performance evaluation of the application of the use of liquid inflow water limitation operating procedure in oil wells using compositions based on stable reverse emulsions. The directions of improving the accounting of the main components of the technological and economic effect obtained during the introduction of the technology in question have been developed.
The proposed methodology for performance evaluation of the use of liquid inflow water limitation operating procedure in oil wells contributes to improving the validity of technical and managerial decisions, optimizing the expenditure of funds of oil companies directed to the implementation of oil production plans.
Keywords: oil company, geological and technical actions, flowrate, assessment, efficiency, water limitation, costs, planning.
References
1. Avdeeva L.A. On the problems of increasing the energy efficiency of production// Problems and trends in the development of an innovative economy: international experience and Russian practice: materials of the II International scientific and practical conference. – Ufa: UGNTU Publishing House, 2014. – P. 9-12.
2. Gilmutdinov A. I., Avdeeva L. A. Improving the methods of planning geological and technical measures, taking into account the minimum cost-effective well flow rate // Problems and trends in the development of innovative economy: international experience and Russian practice: materials of the VI International scientific and practical conference / Redkol .: T. B. Leibert. – Ufa, UGNTU Publishing House, 2016. – P. 103-105.
3. Avdeeva L. A., Solovieva I. A., Gilmutdinov A. I. Improvement of planning methods for hydraulic fracturing in oil fields. Eurasian Law Journal. – 2018. – No. 6 (121). – S. 413-416.
4. Burenina I. V., Avdeeva L. A., KHalikova M. A., Gerasimova M. V., Solovjeva I. A. Improving methodological approach to measures planning for hydraulic fracturing in oil fields // Journal of Mining Institute. – 2019. – T. 237. – S. 344-353.
ECONOMY. RIGHT. SOCIETY
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
PECULIARITIES OF FOOD PROVISION OF CONVICTS IN PENITENTIARY INSTITUTIONS OF SOME FOREIGN COUNTRIES
In penitentiary institutions of any country, constant monitoring of proper nutrition is necessary. The article is dedicated to the study of the peculiarities of the food supply of convicts in penitentiary institutions of some foreign countries. The aim of the study was to identify the nutritional value of dishes served in prisons. The 14-day diet was analyzed according to two norms in Polish prisons of different types. The type of diet differed significantly in the average content of more than half of the analyzed components, while the diet, depending on seasonality, turned out to be statistically insignificant. The results of this study show the possibility of further development of legal provisions regulating nutrition in prisons in terms of not only energy value and availability of macronutrients, but also the consumption of minerals and vitamins.
Keywords: prison, convict, caloric content, diet, nutritional value.
References
1. Radchenko E. P., Vdovina A. N. The role of catering in the penitentiary system 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.” – 2022. – No. 26. – P. 117-122.
2. Napris Zh. S., Guzenko A. N. Foreign experience of food supply for prisoners // Man: crime and punishment. – 2022. – T. 30. No. 3. – S. 374-381.
3. Borisova D. P. Catering for persons held in foreign penitentiary institutions, on the example of the Scandinavian countries (Norway, Denmark) // Bulletin of the Perm Institute of the Federal Penitentiary Service. 2020. No. 3 (38). P. 5-11.
4. Yavorska A. Physical activity in prisons and the main aspects of the personality of men serving prison sentences / Paul. J. Op. Rehabilitation. 2015. No. 9. P.137-157.
5. Gesetz über den Vollzug der Freiheitsstrafe und der freiheitsentziehenden Maßregeln der Besserung und Sicherung (Strafvollzugsgesetz—StVollzG) vom 16. März 1976 (BGBl. I S. 581, 2088; 1977 I S. 436), Das Z uletzt Durch Artikel 1 des Gesetzes vom 19. Juni 2019 (BGBl. I S. 840) Geändert Worden ist.”. [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/stvollzg/BJNR005810976.html (accessed 05/15/2023).
6. Johnson S., Labbe S., Lachance A., Leblanc K.P. Menus served in Canadian prisons: a nutritional analysis. Nutrients. 2022 August 18; 14(16):3400. doi: 10.3390/nu14163400. [Electronic resource]. – Access mode: https://pubmed.ncbi.nlm.nih.gov/36014903/ (Accessed 05/25/2023).
ECONOMY. RIGHT. SOCIETY
SPASSKAYA Nataliya Vladimirovna
Ph.D. in economical sciences, associate professor, Head of Innovation and applied economics of the I. S. Turgenev Oryol State University
SOTNIKOVA Elena Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of management and personnel management sub-faculty of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation, Orel
INVESTMENT POLICY IN CRISIS MANAGEMENT
Management of a business entity based on the implementation of effective anti-crisis programs aimed at overcoming crisis conditions in the activities of the primary link of the economy – enterprises, is impossible without attracting capital. The article examines the features of investment activities carried out within the framework of anti-crisis management, substantiates organizational and financial aspects that ensure the achievement of a positive anti-crisis effect.
Keywords: anti-crisis management, investment policy, financial resources, efficiency.
References
1. Gubin V. A., Khandamova E. F., Shchepakin M. B. Mechanisms of anti-crisis management of an enterprise in conditions of permanent instability // Economics, entrepreneurship and law. – 2021. – V. 11. No. 5. – S. 1195-1210.
2. Timofeev S. V. Sphere of infrastructure investments and anti-crisis measures to support public-private partnershipduring the pandemic // Youth Week of Science IPMEiT. Proceedings of the All-Russian Student Scientific and Educational Conference. St. Petersburg, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_48575715_66878640.pdf (date of access: 03/18/2023).
ECONOMY. RIGHT. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economic sciences, professor of Innovative entrepreneurship (IBM7) sub-faculty of the N. E. Bauman Moscow State Technical University
SOBKO Andrey Alexandrovich
student of the 4th course of the N. E. Bauman Moscow State Technical University
INNOVATIVE APPROACHES TO CREATING AND USING DIGITAL TWINS: ECONOMIC AND LEGAL ASPECTS
The article is devoted to the definition of key terms in the field of digital twins. An analysis of the correlation of digital twins with IoT and blockchain was carried out. The place of digital twins in various aspects of innovative and economic development has been clarified. A comprehensive analysis of the regulatory framework for the creation and use of digital twins was carried out. The methodological support of digital twins in the GOST 57700 series of standards is separately indicated.
The limits of responsibility of developers and users of digital twins have been determined. Conclusions have been drawn about the key risk factors in the creation and use of digital twins. The directions of innovative development of the creation and use of digital twins in the plane of economics and legal regulation have been developed.
Keywords: innovation, digital twin, regulation, blockchain.
References
1. Zuykova A. New rules in the IoT market: why the authorities adopt the law on the “Smart City” // RBC Trends. – [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/industry/6107e5339a79478125166eeb.
2. “Federal Law No. 243-FZ of July 1, 2021 “On Digital Twins””. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/351139504.
3. “Federal Law No. 152-FZ of February 6, 2023 “On Personal Data”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901990046.
4. Kolesnikov M. A. Normative regulation of the digital environment. – [Electronic resource]. – Access mode: https://www.economy.gov.ru/material/directions/gosudarstvennoe_upravlenie/normativnoe_regulirovanie_cifrovoy_sredy/.
5. “Federal Law No. 149-FZ of March 1, 2023 “On Information, Information Technologies and Information Protection”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901990051.
6. “Federal Law No. 519-FZ of December 30, 2020 “On Amendments to the Federal Law “On Information, Information Technologies and Information Protection”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/436754837.
7. “National Standard of Russia dated 01.01.2020 GOST R 57700.37-2021”. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1200180928.
8. Vasiliev A. N., Tarkhov D. A., Malykhina G. F. Methods for creating digital twins based on neural network modeling // Modern information technologies and IT education // Peter the Great St. Petersburg Polytechnic University, St. Petersburg, Russia. – 2018. – Volume 14. No. 3. – P. 524.
9. Data protection in the EU. – [Electronic resource]. – Access mode: https://ec.europa.eu/info/law/law-topic/data-protection_en.
10. ISO/TC 184/SC 4 – Industrial data. – [Electronic resource]. – Access Mode: https://www.iso.org/committee/54158.html.
11. Systems Committee (SyC) Smart Manufacturing. – [Electronic resource]. – Access Mode: https://www.iec.ch/smartmanufacturing.
12. Tao F., Cheng J., Qi Q., Zhang M., Zhang H., Sui F. Digital Twin-driven Product Design, Manufacturing and Service with Big Data // International Journal of Advanced Manufacturing Technology. – 2019. – No. 94 (9-12). – [Electronic resource]. – Access mode: https://doi.org/10.1007/s00170-017-0233-1.
13. Monostori L. Cyber-physical Production Systems: Roots, Expectations and R&D Challenges // Procedia CIRP. – 2019. – No. 79. 3-8. – [Electronic resource]. – Access Mode: https://doi.org/10.1016/j.procir.2019.02.001.
14. Maier A., Weigelt S., Brökelmann T. Industry 4.0 and the Digital Twin: A Framework for Creating a Cyber-Physical System // Journal of Industrial Information Integration. – 2020. – 20. – [Electronic resource]. – Access mode: https://doi.org/10.1016/j.jii.2020.100144.
ECONOMY. RIGHT. SOCIETY
KHOSLA Gaurav
Ph.D. in economic sciences, the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation (RANEPA)
INDIAN ECONOMIC REFORMS IN 1991 – WHY WERE THEY NEEDED
The article examines the economic crisis in India in 1990-91, associated with major internal and external geopolitical events of the same period, and, as a result, the measures taken by the then Indian government to prevent sovereign default. The article analyzes the economic situation of the Indian economy in 1991, including the Balance of payment crisis in India and the reasons responsible for the same, which forced the Ministry of Finance of India, in its annual budget, to carry out first major fiscal reforms of Indian economic policy since Indian independence. The article studies and analysis of the reforms carried out by Government of India in following years with new policies, change in existing policies and how they were different from old policies. This research paper will be concluded and followed by another research paper as part 2 analyzing the impact of these reforms on the Indian economy in the next three decades till 2021 with their flaws and successes.
Keywords: 1991, Economic crisis, Balance of payments, Devaluation, Current account deficit, Export, Import, License Raj, Economic liberalization, Privatization, Globalization, Foreign investment, GDP growth.
References
1. Swaminathan S. Anklesaria Aiyar. Twenty-Five Years of Indian Economic Reform // Cato Institute, Policy Analysis. 2016. No. 3.
2. Baldev Raj Nayar. When did “Hindu” growth rates end? // Economic and political weekly. 2006. No. 41 (19). S. 1885-1890.
3. Annapurna Mitra and Ria Kasliwal. Twin Crises in the Persian Gulf: Implications for India // Observer Research Foundation, ORF Special Report. April, 2020. – № 105.
4. Alexander Sharkovsky. The battle for oil prices in the Persian Gulf, the West skillfully built a trap for its former ally Saddam Hussein, 2017. [Electronic resource]. – Access mode: https://nvo.ng.ru/wars/2017-09-22/1_966_oil.html (accessed 12/27/2022)
5. The collapse of the USSR and its impact on international relations. [Electronic resource]. – Access mode: https://www.yourarticlelibrary.com/history/collapse-of-ussr-and-its-impact-on-international-relations/48505 (Accessed 12/29/2022)
6. Suzanne Hober Rudolph and Lloyd I. Rudolph. The collapse of the Soviet Union shocked India, 1991. [Electronic resource]. – Access mode: https:// www.csmonitor.com/1991/1007/07182.html (Accessed: 12/29/2022)
7. Valeria Serra and Sveta Chaman Saxena. What caused the 1991 currency crisis in India? International Monetary Fund October 2000 No. WP/00/157
8. Budget 1991: What Manmohan Singh promised and what was done, 2011 [Electronic resource]. – Access mode: https://economictimes. indiatimes.com/news/politics-and-nation/budget-1991-what-manmohan-singh-promised-and-what-was-delivered/articleshow/9339032.cms?from=mdr (accessed 01/09/2023)
9. Ajit Kumar Singh. Fiscal Reforms in India since 1991: A Critical Appraisal // Indian Journal of Public Administration. July, 2004.
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10. Lawrence R. Klein and T. Palanivel. Economic Reforms and Growth Prospects in India. Australian National University. Australian Research Center for South Asia, 2001.
11. Deepali and Kunal Loutra. Transforming the Indian Economy (with Special Focus on Liberalization, Privatization and Globalization) // IJRAR. 2018. No. 5 (1).
12. Deepali and Kunal Loutra. Transforming the Indian Economy (with Special Focus on Liberalization, Privatization and Globalization) // IJRAR. 2018. No. 5 (1).
13. Ahluwalia M. S. Economic reforms in India: achievements and further steps // Review of economic policy in Asia. 2018. No. 14. P. 1–17.
14. Aditya Bhattacharjeya. Industrial policy in India since independence // Indian Economic Review. 2022. No. 57. P. 565-598.
ECONOMY. RIGHT. SOCIETY
ZAYTSEVA Anastasia Andreevna
postgraduate student of the Anatoliy Sobchak International Banking Institute
WAYS TO IMPROVE THE COMPREHENSIVE ASSESSMENT OF THE EFFECTIVENESS OF CONSTRUCTION ORGANIZATIONS IN MODERN ECONOMIC CONDITIONS
A comprehensive assessment of the effectiveness of the activities of construction organizations is the most important task of the development of the national economic complex, since construction, as an economic complex, determines the process of reproduction of the residual operational resource of the country’s fixed assets. The object of research is the construction complex, as an industry for the reproduction of the passive part of the country’s fixed assets. The subject of the study is the state of a separate economic entity (an element of a building complex), characterized by complexity. The study pressnts a grouping of indicators: financial, operational, strategic, sustainability indicators, which comprehensively and fully characterize the state of a construction organization. The necessity of evaluating the effect as a complex additive indicator of budgetary, social and economic effects is argued. Strategic tools for the organization of a system of integrated assessment of the effectiveness of construction organizations in modern conditions are presented.
Keywords: budget effect, social effect, economic effect, social responsibility, financial situation.
References
1. Sukhova O. V. Social approach in the system of remuneration and remuneration of managerial personnel in construction // Discussion. – 2021. – No. 6 (109). – S. 20-26. – DOI 10.46320/2077-7639-2021-6-109-20-26. – EDN ROIKRV.
2. Khairullin V. A., Akhundov E. R., Kuznetsov D. V., Zentsov V. N. Assessment of the social and budgetary effect in the implementation of investment projects of a cost type in construction. – Kazan: Buk Limited Liability Company, 2021. – 226 p. – ISBN 978-5-00118-689-2. – EDN UJFIKO.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of the Ufa State Petroleum Technical University
BAKIEVA Diana Ilshatovna
student of the Ufa State Petroleum Technical University
ASLANYAN David Vardanovich
student of the Ufa State Petroleum Technical University
COMPARATIVE ECONOMIC EVALUATION OF THE USE OF CATALYTIC FILTER MATERIALS IN DE-IRONING AND DEMANGANATION
This article presents modern catalytic filter loadings of domestic production, which are used for water purification. As a technological structure, the filter material is described by a number of parameters that the structures, as well as the result of water treatment itself. By changing these parameters, it is possible to determine the efficiency of structures and the quality of the prepared water, and when developing a technology for water treatment, it is necessary to determine more economical parameters of the filter material. Studies show that the filter loading in the process of degreasing and demanganation is the main factor causing the removal of manganese and iron from groundwater.
Keywords: water treatment, demanganation, degreasing, iron and manganese removal efficiency, catalytic filter loadings, MFF, MFO-47, Sorbent AC, Sorbent AC+MS, quartz sand, pressure filter, economic assessment.
References
1. Nikoladze G. I. Deferrization of natural and circulating waters. – M: Stroyszdat, 1980. – 160 p.
2. Zhivotnev V. S., Sukasyan B. D. Iron removal of natural waters. – M., 1975. – 67 p.
3. SanPin 2.1.4.1074-01 Drinking water. Hygienic requirements for water quality of centralized drinking water supply systems. Quality control. – Moscow, 2002. – P. 6.
4. SNiP 2.04.02-84*. Water supply. External networks and facilities. – M.: Stroyizdat, 1984. – 65 p.
5. Klyavlina Ya. M., Klyavlin M. S., Bobkov O. V., Talipov R. A. Increasing economic efficiency while improving the organization of the production process. Eurasian Law Journal. – 2017. – No. 12 (115). – P. 401-402.
ECONOMY. RIGHT. SOCIETY
KOSTYLEVA Elena Gennadjevna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
GIMRANOV Azamat Albertovich
student of the Ufa State Petroleum Technological University
CONSEQUENCES OF RAISING THE RETIREMENT AGE FOR THE LABOR MARKET
The authors consider the impact of the pension reform in Russia on the labor market and the attitude of the population to the fact of raising the retirement age. The study is based on the data of the author’s sociological study among the working population and pensioners of the city of Ufa, Republic of Bashkortostan. The authors conduct an analytical review of publications of economists and statistical data to determine the consequences of the pension reform for the development of the country’s economy.
Keywords: pension reform, labor market, population of the country.
References
1. Gabdulkhakova R. V., Kozlova Yu. B., Grogulenko N. V. Media image: modern interpretations and approaches to the study // Eurasian legal journal. 2021. No. 4 (155). pp. 406-407.
2. Gaisina L. M., Levashov D. A. Labor collective as an institution of social rehabilitation of people with disabilities // Intelligent technologies and means of rehabilitation and habilitation of people with disabilities (ITSR-2018). Proceedings of the III International Conference. 2018. P. 325-329.
3. Gareev E. S., Kostyleva E. G. The middle class as an element of the sustainability of the social hierarchy of the Russian society // Economics and management: a scientific and practical journal. 2016. No. 3 (131). pp. 73-77.
4. Grogulenko N. V., Azamatova K. A., Arslanov A. A., Palaev P. S. Content marketing trends in 2021 // Eurasian legal journal. 2021. No. 3. (154). pp. 428-429.
5. Grogulenko N. V., Levashov D. A. The importance of “digital competencies” of specialists for the development of information technologies at oil and gas enterprises // Eurasian legal journal. 2022. No. 5 (168). pp. 436-437.
6. Ivanova A. A., Shildt L. A. Social cultural cluster as a system of active interaction between the social strata of the city of Ufa // Bulletin of a young scientist of the UGNTU. 2015. No. 2 (2). P. 99-101.
7. Karachurina G. G., Shildt L. A., Tupikina P. S. Crisis 2020 as a factor in reducing investment in the global oil and gas industry // Economics and Management: Scientific and Practical Journal. 2021. No. 2 (158). pp. 52-56.
8. Kozlova Yu. B., Kostyleva E. G., Litvinenko I. L. Optimization of the economic efficiency of communication channels and tools in the context of a long-term viral pandemic: problems and trends // Economy and the state: new incentives and challenges for economic development in a long-term viral pandemic. Moscow, 2022, pp. 154-189.
9. Kostyleva E. G., Vakhitova R. T., Bikbulatova D. R., Biryuzov O. S. Electoral behavior of students of Russian universities // Eurasian Law Journal. 2020. No. 1 (140). P. 363-364.
10. Kostyleva E. G., Zaripova D. R. Conditions for the formation of a model of innovative development of the oil and gas industry in Russia on the example of the Rosneft enterprise // Eurasian legal journal. 2021. No. 4 (155). pp. 450-451.
11. Kostyleva E. G., Yusupov R. M., Yusupova G. R. The attitude of Russian youth to electoral processes // Eurasian Law Journal. 2019. No. 12 (139). pp. 351-352.
12. Kosintseva T. D., Khairullina N. G., Gluhih I. N., Pryakhina E. N., Nikiforov A. Yu., Bogdanova J. Z. The life of young Russia: value orientations and life paths // Espacios. 2017. V. 38. No. 56. S. 25.
13. Bakulina Yu. V., Nikiforov A. Yu., Minakov P. A., Burangulov E. R. The role of education in shaping the ecological culture of contemporary students // Education in the Asia-Pacific Region. 2022. V. 65. S. 23-30.
14. Gaisina L. M., Barbakov O. M., Koltunova Yu. I., Shakirova E. V., Kostyleva E. G. Social management systems’ modeling based on the synergetic approach: methods and fundamentals of implementation // Academy of Strategic Management Journal. 2017 Vol. 16. No. Special issue 1. pp. 83-95.
15. Kostyleva E. G., Safin T. I., Galin I. N. Influence of digitalization of economy on social responsibility of engineering workers of fuel and energy complex // Eurasian Law Journal. 2020. No. 7 (146). pp. 446-447.
16. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Impact of the process of digitalization of the economy on deviant forms of economic behavior // Business 4.0 as a Subject of the Digital Economy. Cham, 2022, pp. 433-438.
17. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Social responsibility of engineering staff workers as a factor in the economic growth of the national economy // Business 4.0 as a Subject of the Digital Economy. Cham, 2022. P. 81-86.
ECONOMY. RIGHT. SOCIETY
POLSHAKOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
GRISHINA Svetlana Yurjevna
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
DIMOV Alexey Alexandrovich
senior lecturer of Digital economics and information technologies sub-faculty of the N. V. Parakhin Orel State Agrarian University
TRENDS IN THE DEVELOPMENT OF THE AGRO-INDUSTRIAL COMPLEX OF THE REGION IN THE DIGITAL SPACE
The publication reveals the main characteristics of diagnosing the current state and prospects for the introduction of digital technologies in the productionprocesses of the regional agro-industrial complex. The authors substantiate the relevance of their use for the formation of a vector for the effective functioning of agriculture, which is important for ensuring the required level of national food security. The study focuses on the need to create favorable conditions for the use of digitalization tools and tools in the business processes of the agro-industrial complex, which can increase their productivity and ensure the growth of a material product.
Keywords: digital economy, agricultural organizations, digitalization of agriculture, goals of digital transformation, tasks of digital transformation.
References
1. Decree of the Government of the Russian Federation of July 28, 2017 No. 1632-r “On approval of the program “Digital Economy of the Russian Federation” // SPS Consultant Plus.
2. Abdrakhmanova G., Kovaleva G. Growth of costs for the development of the digital economy: express information from ISSEK NRU HSE. – M., 2022.
3. Buklagin D. S., Mishurov N. P., Fedorenko V. F., Solovyov S. A., Balabanov V. I. Digital technologies and management systems for agricultural production. – M.: FGBNU “Rosinformagrotech”, 2021 – 88 p.
4. Abdrakhmanova G. I., Vishnevsky K. O., Gokhberg L. M. et al. Indicators of the digital economy 2021: stat. Sat. – Moscow: NRU HSE, 2021. – 381 p.
5. Kalinicheva E. Yu., Uvarova M. N., Kuznetsova T. M., Zhilina L. N. Economic assessment of the agro-industrial complex of the region in the context of digitalization of socio-economic processes // Bulletin of the Kursk State Agricultural Academy. – 2021. – № 9.
6. Polshakova N. V. Digital transformation of Russian agriculture as a technological breakthrough and the transition to Industry 4.0 // Challenges of the present and strategy for the development of the agrarian economy. Materials of the international scientific-practical conference. – Eagle, 2022. – P.104-110.
7. Polshakova N. V., Alexandrova E. V. Automation of the control system, analysis and planning of production activities of the NIPC “Integration” // Bulletin of Agrarian Science. – 2021. – No. 2 (89). – P. 52-159.
8. Trachuk A. V., Linder N. V., Antonov D. A. Influence of information and communication technologies on the business models of modern companies // Strategic decisions and risk management. – No. 5. – P. 60-69.
9. Shatokhin M. V., Gordeev I. A., Ignatova M. N., Kremer K. A. Status and prospects of digitalization of the regional agro-industrial complex // Bulletin of the Kursk State Agricultural Academy. – 2021. – № 8.
ECONOMY. RIGHT. SOCIETY
PCHELINTSEVA Svetlana Alexandrovna
associate professor of International finance and accounting sub-faculty of the St. Petersburg University of Management and Economics Technologies
DAVYDOVA Olga Anatoljevna
associate professor of International finance and accounting sub-faculty of the St. Petersburg University of Management and Economics Technologies
KEY PROBLEMS OF SMALL BUSINESS IN MODERN CONDITIONS
In this article, the authors reveal the main problems faced by small businesses in modern conditions. The authors rightly emphasize that small businesses have fundamental economic problems that they have to deal with in modern conditions. As a result of the study, the analysis of the main problems faced by small businesses in modern conditions was carried out. In the conclusion of the study, the authors conclude that despite the large number of problems that arise on the path of small business development, there is a positive trend in the destruction of stereotypes and the search for new business opportunities.
Keywords: problems of small business, small business, automation, increasing competitiveness, globalization, digitalization, innovation.
References
1. Begzi A.D. From plan to plan… Anniversary of the economic bodies of Tuva and tasks of strategic planning // New studies of Tuva. – 2011. – No. 4 (12). – P. 46-61.
2. Zakatenkova D. S., Zhukovsky D. A. Factors of industrial enterprise competitiveness. In the collection: Development of economics and management in the context of the transition to a digital economy. Collection of scientific papers. Under the general editorship of K. A. Barmuta. – Rostov-on-Don, 2021. – P. 86-90.
3. Murygina L. S. The theory of small business in a market economy [Text]: monograph. – Chelyabinsk: ZAO “A. Miller’s Library”, 2018. – 212 p.
4. Porter, E. M. Competitive strategy: A methodology for analyzing industries and competitors. – M.: Alpina Publisher, 2019. – 453 p.
5. Satdarova L. F., Sotskova S. I. The role of accounting in improving the efficiency of small business // Proceedings of the Institute of Management Systems SGEU. – 2017. – 1 (15). – P. 271-273.
6. Khramchenko N. A. Problems of small business in Russia. In the collection: All-Russian Forum of Young Researchers. – 2021. – S. 46-49.
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
CONCEPTUAL SOLUTIONS FOR ATTRACTING INVESTMENT FUNDS TO THE PRODUCTION SECTOR OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The article is dedicated to the study of increasing the economic efficiency of the penal system of the Russian Federation. It should be noted that at present there is a slowdown in the growth of the world economy after the pandemic and the sanctions imposed by Western countries. Modern “partnership” within the framework of PPP is built on the basis of mutually beneficial cooperation of public and private structures created for specific purposes and based on the relevant agreements of the parties.
Keywords: economy, convicts, security, public-private partnership, penal enforcement system.
References
1. Sedykh V. A., Avdeev V. V., Rodionov A. V., Skiba A. P. Some issues of legal regulation of employment of convicts sentenced to forced labor within the framework of public-private partnership in the production sector of the penitentiary system of the Russian Federation / / Vedomosti penitentiary system. – 2020. – No. 10 (221). – P. 53-61.
2. Order of the Federal Penitentiary Service of Russia dated April 23, 2010 No. 171 “On approval of the Regulations on the management of labor adaptation of convicts of the Federal Penitentiary Service”// ATP ConsultantPlus.
3. Radchenko E. P., Shamsunov S. H., Tishchenko Y. Y., Pyrchenkova G. S. Public-private partnership projects in increasing efficiency of penal institutions production sector. ICEST 2020.International Conference on Economic and Social Trends for Sustainability of Modern Society. Article 50, P. 443-451. DOI: 10.1051/epsbs/2020.10.03.50. [Electronic resource]. – Access mode: https://www.europeanproceedings.com/files/data/article/10005/11370/article_10005_11370_pdf_100.pdf
4. Radchenko E. P., Vdovina A. N. Attracting off-budget investments as a way to ensure the economic security of public-private partnership projects // Man: crime and punishment. – 2022. – V. 30. No. 2. – S. 206-216.
5. Rodionov A. V., Zvyagina A. V., Krut A. A. Risks in the implementation of public-private partnership projects: classification, management, minimization directions // Azimut of Scientific Research: Economics and Management. – 2020. – V. 9. No. 3 (32). – S. 297-300.
6. Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 05.04.2013 No. 44-FZ // SPS Consultant Plus.
7. Grishin D. A., Pavlova L. V. Organization and legal framework for financial support and departmental financial control of institutions and bodies of the Federal Penitentiary Service of Russia in the context of reforming the penitentiary system. – Ryazan, 2010.
8. Yunusov E. A., Olenev M. G. Outstaffing as an instrument of public-private partnership to ensure the employment of convicts in the penitentiary system. Scientific works of FKU NII FSIN of Russia, issue 1. – M.: FKU NII FSIN of Russia, 2019. – P. 227-233.
ECONOMY. RIGHT. SOCIETY
SEDYKH Vladimir Alexandrovich
Ph.D.in agricultural sciences, Ph.D. in biological sciences, chief researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the study of problems of management and organization of the execution of sentences in the penal system of the Federal Penitentiary Institution Scientific Research Institute of the FPS of Russia
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
FEATURES OF RATIONAL USE OF AGRICULTURAL LAND IN THE RUSSIAN FEDERATION
The article is dedicated to the study of the features of rational use of agricultural land in the Russian Federation. All the attention of the state is focused on them. They are under the control and supervision of the authorities at all levels. The reason for the state’s concern for these lands lies in their ability to reproduce agricultural plants. Agriculture is based on this ability of the earth, food security and independence of our country are ensured. Therefore, it is important for organizations, including institutions of the penal enforcement system of the Russian Federation, possessing agricultural lands and engaged in the cultivation of agricultural crops, to know not only the purpose of the land, but also what soils are present on its territory, what properties they possess and whether they are suitable for growing crops.
Keywords: land, land management, food security, penal enforcement system.
References
1. Federal Law of June 18, 2001 No. 78-FZ “On Land Management” // ATP Consultant Plus.
2. Land Code of the Russian Federation” dated October 25, 2001 No. 136-FZ (as amended on February 16, 2022) (as amended and supplemented, effective from March 1, 2022) // ATP Consultant Plus.
3. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022) // ATP Consultant Plus.
4. Buklagin D.S. The fifth technological order: the place of the agro-industrial complex in Russia // Economic analysis: theory and practice. – 2017.
5. Altukhov A. I. Agricultural zoning as a basis for developing a scheme for the distribution and specialization of agriculture. Economics of agriculture in Russia. – 2018. – No. 8. – P. 2-11.
6. Volkov S. N. Land management. T. 1-9. – M.: Kolos, 2002-2009.
7. Dokuchaev VV Materials for the assessment of the land of the Nizhny Novgorod province. Report on the Nizhny Novgorod provincial zemstvo. Issue. 1. – St. Petersburg: Evdokimov’s Printing House, 1886. – 391 p.
8. V. I. Savich, Kh. A. Amerguzhin, I. I. Karmanov, I. I. Karmanov, D. S. Bulgakov, Yu. V. Fedorin, and L. A. Karmanova, Soil Assessment. – Astana, 2003.
9. Uskov I. B., Uskov A. O. Fundamentals of agriculture adaptation to climate change. – St. Petersburg, 2014. – 384 p.
10. Yakushev V. P., Yakushev V. V. Information support for precision agriculture. – St. Petersburg: Publishing House of PNPI RAS, 2007. – 384 p.
11. Agro-ecological land assessment, design of adaptive-landscape systems of agriculture and agricultural technologies. Methodological guide. Ed. V. I. Kiryushina, A. L. Ivanova – M .: FGNU “Rosinformagrotech”, 2005. – 784 p.
12. Federal Service for State Registration, Cadastre and Cartography. [Electronic resource] – Access mode: https://rosreestr.gov.ru (date of access: 16.03.2023).
13. Sedykh V. A., Radchenko E. P. Soils of agricultural lands of the penal system of the Russian Federation. – 2022. – Issue 3. – P. 209-214.
ECONOMY. RIGHT. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economic sciences, professor of Innovative entrepreneurship (IBM7) sub-faculty of the N. E. Bauman Moscow State Technical University
GLINKINA Elina Maksimovna
student of the 4th course of the N. E. Bauman Moscow State Technical University
IMPORT SUBSTITUTION IN THE RUSSIAN FEDERATION: ASYMMETRY OF INVESTMENT ACTIVITIES IN INNOVATION
The article reveals the problem of asymmetry of innovations and investments in the Russian economy in the context of solving the problems of import substitution and ensuring technological sovereignty.
The issues of coordination of innovation and investment activities were updated. An analysis of the current regulatory framework in the field of state support for innovations in the Russian Federation has been made. Quantitative indicators of investments in fixed assets of sectors of the Russian economy have been updated.
The program measures of the state support for innovations in Russia were systematized, the classification of forms and methods of stimulating innovative activities was carried out.
The problems of developing innovative infrastructure have been identified. Proposals have been developed to eliminate the asymmetry of investment activities in the innovation field.
Keywords: innovation, investment, infrastructure, government programs, asymmetry.
Reference list
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2. Chistova M.V. State support of innovation activities: the experience of the regions of the Russian Federation // Bulletin of the Adygei State University. Series 5: Economy. 2017. No. 2 (200). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennaya-podderzhka-innovatsionnoy-deyatelnosti-opyt-regionov-rossiyskoy-federatsii.
3. Udaltsova N. L. Innovations in Russia: problems and prospects // Business strategies. 2013. No. 1 (1). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsii-v-rossii-problemy-i-perspektivy.
4. Decree of the President of the Russian Federation of May 7, 2018 No. 204 “On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024 [Electronic resource]. – Access mode: https://docs.cntd.ru/document/557309575.
5. Decision of the Government of the Russian Federation dated December 27, 2016 No. 2669-r “On the National Technology Initiative”. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/420349846.
6. Russia in numbers: 2020. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/GOyirKPV/Rus_2020.pdf, 2020. pp. 198-217.
7. Official website of the Federal State Statistics Service (Rossat). [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/GOyirKPV/Rus_2020.pdf.
8. Kirbitova S. V., Nikitina K. K. Import substitution policy in theory and practice // Customs policy of Russia in the Far East. 2018. No. 4 (85). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/politika-importozamescheniya-v-teorii-i-praktike/viewer.
9. Federal Law of November 26, 2020 “On the federal budget for 2021 and for the planning period of 2022 and 2023”. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/573038220.
10. Oborin M. S. Problems and prospects of import substitution of food products in the Russian Federation // Bulletin of the Mari State University. Series “Agricultural sciences. Economic Sciences. No. 3 (23), 2020. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-i-perspektivy-importozamescheniya-prodovolstvennyh-tovarov-v-rossiyskoy-federatsii.
11. Krivenko N. V., Epaneshnikova D. S. Innovative import substitution as a new impetus for economic development // Russia: trends and development prospects. 2021. No. 16 (1). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovationnoe-importozameschenie-kak-novyy-impuls-dlya-razvitiya-ekonomiki.
12. Popova I. N., Sergeeva T. L. Import substitution in modern Russia: problems and prospects // Beneficium. 2022. No. 2 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/importozameschenie-v-sovremennoy-rossii-problemy-i-perspektivy.
13. Karelina M. G. Innovative activity of Russian regions: problems of measurement and econometric approach // Regional economy: theory and practice. 2015. No. 21 (396). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnaya-aktivnost-rossiyskih-regionov-problemy-izmereniya-i-ekonometricheskiy-podhod.
14. Kharlamov A. V., Kharlamova T. L., Ponyaeva I. State management of innovative development using the possibilities of import substitution // Proceedings of St. Petersburg State University of Economics. 2022. No. 4 (136). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-upravlenie-innovatsionnym-razvitiem-s-ispolzovaniem-vozmozhnostey-importozamescheniya.
15. Tumanyan Yu. R., Industriev M. A. Import substitution as a factor in the innovative development of the Russian economy. Bulletin of the Saratov University New series. Ser. Economy. Control. Right. 2022. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/importozameschenie-kak-faktor-innovatsionnogo-razvitiya-ekonomiki-rossii.
16. Ushakova E. V., Pak H. S. The role of innovation potential in the region’s import substitution policy // TDR. 2015. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-innovatsionnogo-potentsiala-v-politike-importozamescheniya-regiona.
17. Petrishche V. I. Formation of the national innovation system in the conditions of the developing economy of Russia // Regional economy: theory and practice. 2009. No. 21. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-natsionalnoy-innovatsionnoy-sistemyvusloviyah-razvivayuscheysya-ekonomiki-rossii.
18. Kolomyts O. N. Regional aspectsdevelopment of innovative activity // Economics and management in the XXI century: development trends. 2013. No. 13. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/regionalnye-aspekty-razvitiya-innovatsionnoy-deyatelnosti.
19. Zhakevich A. G. Import substitution: problems and prospects // Vestnik MIEP. 2015. No. 1 (18). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/importozameschenie-problemy-i-perspektivy.
ECONOMY. RIGHT. SOCIETY
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, professor, Academician of the Academy of Sciences of the Republic of Bashkortostan, chief researcher of the Institute for Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences
FAYZULLIN Tagir Fanilevich
Ph.D. in sociological sciences, Rector of the Institute for Continuing Professional Education in Health Care at the Medical Chamber of the Republic of Bashkortostan
THE MAIN APPROACH TO THE STUDY OF SOCIAL CAPITAL IN MODERN FOREIGN SCIENCE
Social capital studies are interdisciplinary in nature, involving representatives of various sciences. In the current situation, an ambiguous understanding of the essence and content of this complex phenomenon is revealed. The creation of a common fundamental basis for further research on this phenomenon and its implementation requires studying the formation of the very category of “social capital” in the scientific literature. In this regard, the article analyzes the formation and use of the category “social capital” in foreign publications. The article states that foreign researchers have done significant work to study certain aspects of social capital, the results of which should be used in further research of this phenomenon. At the same time, it is substantiated that in Western literature social capital is mainly considered as a socio-psychological phenomenon, and at the same time its boundaries are determined by the sphere of relations of a particular community, in which mutual communication is established on the basis of trust and certain established norms of behavior. The idea that social capital should be studied on the basis of understanding the essence of capital in general and social relations in their organic relationship is substantiated.
Keywords: social capital, social and socio-psychological relations, norms, public relations, communities and associations, civic engagement, responsibility.
Reference bibiography
1. Fayzullin F.S., Fayzullin I.F. Social capital as an object of management // Proceedings of the USC RAS. P. 85-90.
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13. Parsons L. Embedding the “BLACK-BOX. A Ratformulated Social Capital Theory for the Explorating of Socio-Physical Linrages // Cogent social sciences. 2005. No. 1. P. 75-103.
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15. Woolcock M. The Place of Social Capital in Understanding Social and Economic Outiomes // Isuma: Canadian Journal of Policy Research. 2001 Vol. 27. No. 2. P. 107-126.
16. Offe K. Social Capital. Conceptional Problems and Mode of Action. Berlin, 1999. 341 p.
17. Fischer C. Bouling Alone: Whotis the Score // A Social Networks. 2005 Vol. 27. No. 4. P. 146-172.
18. Fine B. They You Up Those Social Capitalists // Antipode, 2002. Vol. 34. No. 4. P. 796-799.
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20. FaizUllin F. S. Formation of the social capital of the region: problems and factors. Under the general editorship of Faizullin F. S. Sadykov R. M., Faizullin T. F. et al.
ECONOMY. RIGHT. SOCIETY
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
ASSESSMENT OF INDICATORS OF THE DEVELOPMENT OF SMALL AND MEDIUM ENTERPRISES IN REGIONAL PERSPECTIVE
This article presents an assessment of the development indicators of economic entities that form the sector of small and medium-sized businesses in the regions of Russia, presents the dynamics of indicators of regional socio-economic development, reflecting the specifics of the entrepreneurial activity of economic entities.
Keywords: entrepreneurship, region, indicators of socio-economic development, small and medium-sized businesses.
References
1. Unified register of small and medium-sized businesses. [Electronic resource]. – Access mode: https://ofd.nalog.ru.
2. Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru.
3. Federal portal of small and medium business. [Electronic resource]. – Access mode: http://smb.gov.ru/
ECONOMY. RIGHT. SOCIETY
CHELPANOVA Marina Mikhaylovna
Ph.D. in economical sciences, associate professor, Head of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, colonel of police
PONEZHINA Lyudmila Yurjevna
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
THE CURRENT STATE AND THREATS TO THE FINANCIAL SECURITY OF THE STATE
Financial security is an important component of the economic security of the state. Therefore, it is important to take into account the impact of financial security threats on economic sectors and to separate them depending on the nature of the threat. The factors of the emergence of threats to the financial security of the state, components of financial security in the structure of national security, threats to the components of the financial security of the state are considered.
Keywords: financial security, economic security, the state, internal threats, external threats, factors, indicators.
References
1. Grafova T. O., Shapovalov A. F. Risks and threats to economic security in the digital economy // Azimut of scientific research: economics and management. – 2020. – V. 9. No. 1 (30). – P. 382-386.
2. Dyubanova Yu. V. Financial security of Russia in modern conditions // TDR. – 2022. – No. 2. – P. 75.
3. Kudryashov V. S., Doberchuk V. Yu. Modern threats to the financial security of Russia // Juvenis scientia. – 2018. – No. 6. – P. 4.
4. Kuzminova O. A., Inevatkina S. R. Analysis and assessment of existing challenges and threats to the financial and economic security of the Russian Federation at the present stage // Economics and business: theory and practice. – 2022. -№ 9. – P. 111.
5. Rakhmatullina S. K. Economic security of the state // Potential of the Russian economy and innovative ways of its implementation. – 2018. – S. 298-302.
ECONOMY. RIGHT. SOCIETY
KHABIROV Yulay Marsovich
magister student of the Ufa State Petroleum Technical University
KHAMIDULLIN Ildar Salimovich
associate professor of the Ufa State Petroleum Technical University
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of the Ufa State Petroleum Technical University
PROSPECTS FOR IMPROVING THE ENERGY EFFICIENCY OF HEAT SUPPLY OF BUILDINGS AND STRUCTURES
In this article, the task is to study the economic feasibility of introducing the recovery of secondary thermal energy for the needs of heat supply and hot water supply of buildings and structures. This solution has a high potential for energy saving, since it uses cheap secondary thermal energy, which is waste from various technological processes. The introduction of recuperation helps to reduce emissions of carbon oxides into the atmosphere and has a positive environmental impact. Nevertheless, such a solution has disadvantages, such as the possibility of implementation only in conditions of being in close proximity to sources of waste heat energy, dependence on the power of the source, features of the technological process [1].
In order to assess the possibility of using the recovery system as an alternative source of thermal energy, a SWOT analysis of two variants of heat supply schemes was carried out. The advantages and disadvantages of the proposed solutions are revealed, the prospects of their implementation in the market are being evaluated.
Keywords: alternative heat sources, secondary thermal energy, heat recovery, heat utilization, economic feasibility.
References
1. Khabirov Yu. M, Khamidullin I. S. Possibility of waste heat recovery of a refrigeration plant as part of the modernization of hot water supply systems of buildings // Technical and technological systems: materials of the thirteenth International scientific conference “TTS-22” (November 23–25, 2022) / FGBOU VO “KubGTU”, KVVAUL them. A.K. Serov. – Krasnodar: Publishing House – South, 2022. – 478 p.
2. Strategy for the development of the construction industry and housing and communal services of the Russian Federation for the period up to 2030 with a forecast up to 2035 [Electronic resource]: approved. Decree of the Government of the Russian Federation dated October 31, 2022 No. 3268-r. Access from the legal system “ConsultantPlus”
3. Doračić B., Novosel T., Pukšec T., Duić N. Evaluation of excess heat utilization in district heating systems by implementing levelized cost of excess heat district heating // Energies. – 2018. – No. 11. – P. 575-589.
4. Asonov D. A., Romanova T. N. Heat recovery of the TsOD // Energy and resource saving. Energy supply. Non-traditional and renewable energy sources. Nuclear Energy: Proceedings of the International Scientific and Practical Conference of Students, Postgraduates and Young Scientists, dedicated to the memory of Professor N. I. Danilov (1945–2015) – Danilov Readings (Yekaterinburg, December 09–13, 2019). – Ekaterinburg: UrFU, 2019. – P. 34-37.
5. Kasatkin I. V., Vereshchak M. R. Increasing the energy efficiency of air conditioning systems for data processing centers // Bulletin of the Magistracy. – 2020. – No. 3. – 3 (102). – P. 48-51.
6. Klyavlina Ya. M., Talipov R. A., Klyavlin M. S., Yusupov D. D. Energy saving measures in the operation of heat exchange equipment for hot water supply // Water supply, water disposal and environmental protection systems. – 2020. – S. 239-244.
7. Doguchaeva S. M. Accelerated development of the market for renewable energy sources // UECS. – 2017. – No. 6 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/uskorennoe-razvitie-rynka-vozobnovlyaemyh-istochnikov-energii (date of access: 02/12/2023).
8. Pärssinen M., Wahlroos M., Manner J., Syri S. Waste heat from data centers: An investment analysis // Sustainable Cities and Society. – 2019. – No. 44. – P. 428-444.
9. Samoyavchev I. S. Evaluation of the economic indicators of the project for the use of OCR installations in the painting shops of the automobile production of the Gorky Automobile Plant // Intelligent Electrical Engineering. – 2018. – No. 4. – S. 35-42.
ECONOMY. RIGHT. SOCIETY
BULGAKOV Dmitriy Alexeyevich
magister student of the 2nd course of the I. S. Turgenev Orel State University
TUMANOV Daniil Aleksandrovich
magister student of the 2nd course of the I. S. Turgenev Orel State University
TUMANOVA Anna Vladimirovna
magister student of the 2nd course of the I. S. Turgenev Orel State University
REGIONAL TOURISM CLUSTERS AS AN INSTRUMENT OF REGIONAL ECONOMIC POLICY (ON THE EXAMPLE OF THE OREL REGION)
The enormous importance of spatial configurations of tourism is of growing interest to scientists, which increases the need for rigorous theoretical and empirical studies of tourism clusters as integral tools of regional economic policy. In this study, attempts are made to reveal the criticality of tourism clusters, to clarify their multifaceted role as catalysts for regional socio-economic growth and sustainable development.
Keywords: tourism clusters, regional economic policy, sustainable development, agglomeration economy, territorial competitiveness, cluster configuration, regional economic growth.
References
1. Government of the Oryol region. Order dated December 13, 2016 No. 585-r. “On approval of the Strategy for the development of the tourist cluster of the Oryol region”. (as amended on July 22, 2019) (as amended by Order of the Government of the Oryol Region dated July 22, 2019 N 356-r).
2. Abakumov S. N., Abakumova V. A. Tourist cluster of the Oryol region as a tool for inclusion of cultural heritage objectsin the tourist space // Uchenye zapiski (Altai State Academy of Culture and Arts). – 2019. – no. 2 (20). – P. 5-10.
3. Kapustin A. N. Tourism investment: quality versus quantity // Tourism and service. – 2016. – No. 14. – P. 5-9.
4. Kizim A. A., Valvashov A. N., Kulkova I. V. Improving the investment attractiveness of the region based on the development of the tourist cluster // Regional economy: theory and practice. – 2010. – No. 26. – P. 52-59.
5. Krutikov V. K., Kosogorova L. A., Yakunina M. V. et al. Regional economy and management. Textbook / Under the direction and editorship of V. K. Krutikov. – Kaluga: Publishing House of ACF “Polytop”, 2018. – 864 p., ill.
6. Tikhiy V. I. Improving the competitiveness of the territory based on the development of regional clusters. materials of the All-Russian Conference of MARS (International Academy of Regional Development and Cooperation) of the Institute of Geography of the Russian Academy of Sciences “Russian Outback – Models and Methods of Study”. – Moscow-Penza, June 2012. – P. 188-193.
7. Tikhiy V. I. Spatial transformation of the regional economy under the influence of the process of intra-regional clustering. Uchenye zapiski Oryol State University. Science Magazine. – 2010. – No. 3 (37). Part 1. – P. 18-21.
8. Tikhiy V. I. Creation and development of a tourist cluster in the region // Man and geographical environment Sat. tr. International Scientific and practical. conf. // Under the total. ed. A. M. Saraeva, L. V. Sukhanova. – Eagle: OSU named after I. S. Turgenev”, 2017. – 147s. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=30111286.
9. Tihiy V. I. Creation of clusters in the spheres of the agro-industrial complex: an effective option for implementing an integration strategy based on increasing the innovative and investment activity of the regional agro-industrial complex // Proceedings of the All-Russian scientific and practical conference “Problems of the functioning of the public sector in a transformational economy” – OSU, 15-17 October 2007. – P. 135-140.
10. Fedoseeva A. A., Petrukhina E. V. Integration of tourism into the economic system of the Oryol region through the development of tourist information centers // Integration of tourism into the economic system of the region: prospects and barriers. – 2021. – P. 57-62.
11 Braunerhjelm P., Feldman M. P. (ed.). Cluster genesis: technology-based industrial development. – Oxford University Press, 2006.
12. Etzkowitz H., Leydesdorff L. The dynamics of innovation: from National Systems and “Mode 2” to a Triple Helix of university–industry–government relations // Research policy. – 2000. – T. 29. No. 2. – S. 109-123.
13. Hall C. M. A typology of governance and its implications for tourism policy analysis // Journal of sustainable tourism. – 2011. – T. 19. No. 4-5. – P. 437-457.
14 Jugmohan, Sean & Spencer, J & Stein, Jacobus. (2016). Local natural and cultural heritage assets and community based tourism: Challenges and opportunities. 22. 306-317.
15. Jackson J. et al. Innovations in measuring economic impacts of regional festivals: A do-it-yourself kit // Journal of travel research. – 2005. – T. 43. No. 4. – S. 360-367.
ECONOMY. RIGHT. SOCIETY
NIZAMETDINOVA Ekaterina Alexeevna
magister student of the Ufa State Petroleum Technical University
BORISOV Alexander Olegovich
magister student of the Ufa State Petroleum Technical University
THE ROLE OF INNOVATIVELY ACTIVE SMALL BUSINESS IN THE ECONOMIC DEVELOPMENT OF RUSSIAN REGIONS
The purpose of the article is to determine the impact of innovative activity of small business on regional economic growth. The work uses general research methods (retrospection, analysis, comparison, synthesis, induction, deduction, modeling) and economic research methods (graphical, statistical, correlational, fact-finding, logical). A statistical portrait of the innovative activity of small businesses has been formed, in particular, indicators of the number of innovative small enterprises, the volume of production, and the costs of innovative activities have been analyzed. Based on the identified indicators, a correlation analysis was carried out, which is expressed in establishing the relationship between the level of innovative activity of small enterprises and the gross regional product (the central indicator of regional economic growth).
Keywords: innovatively active small business, innovative entrepreneurship, regional economy, gross regional product, economic development.
References
1. Borisov S. A., Somenkova N. S. Increasing the innovative potential of small business as an instrument of economic security in Russia // Economic security. – 2022. – Volume 5. No. 4. – S. 1665-1678.
2. Brusovaya A. S. Formation of the brand of the region as the basis for ensuring a balanced socio-economic developmentsubjects of the Russian Federation // Regional economy: theory and practice. – 2022. – No. 14. – P. 34–42.
3. Rosstat. [Electronic resource]. – Access mode: http://www.gks.ru/ (date of access: 01/08/2023).
ECONOMY. RIGHT. SOCIETY
TUMANOV Daniil Aleksandrovich
magister student of the 2nd course of the I. S. Turgenev Oryol State University
TUMANOVA Anna Vladimirovna
magister student of the 2nd course of the I. S. Turgenev Oryol State University
BULGAKOV Dmitriy Alexeevich
magister student of the 2nd course of the I. S. Turgenev Oryol State University
TRANSFORMATION OF AGRICULTURAL PRODUCTION IN THE REGION IN THE POST-SOVIET PERIOD (ON THE EXAMPLE OF THE ORYOL REGION)
This article examines the topical issue related to the modernization of the agricultural sector in a competitive market economy.
The dynamics of agricultural production development in the Orel region is analyzed. The competitive advantages as well as obstacles hampering the economic growth of agriculture in the region are revealed. Opportunities for the digitalization of agricultural production and the introduction of modern programs and technologies are considered. Attention is paid to the issue of investment in the industry economy of the region, namely in agriculture.
Keywords: agricultural holding, industry, production, transformation, region, Orel region.
References
1. Official website of OJSC APK Orlovskaya Niva. [Electronic resource]. – http://niva.hop.ru/about.htm.
2. Information and analytical online publication of the Oryol region, Agrarian Orlovshchina: figures and facts. [Electronic resource]. – Access mode: https://regionorel.ru/novosti/apk/orlovshchina_agrarnaya_tsifry_i_fakty/
3. Investment rating of the Oryol region. [Electronic resource]. – Access mode: https://manezh-saratov.ru/rossiya/orlov-naselenie.html.
4. Analysis of trends in the development of agriculture in the Central Federal District. [Electronic resource]. – Access mode: https://otherreferats.allbest.ru/agriculture/01027454_0.html.
5. Foreign trade of subjects of the Central Federal District: Oryol region. [Electronic resource]. – Access mode: https://ctu.customs.gov.ru/metodik/vneshnyaya-torgovlya-sub-ektov-czfo/orlovskaya-oblast.
6. Regions of Russia. Socio-economic indicators. 2021: stat. Sat. / Rosstat. M., 2021. 1112 p.
7. Oryol region in numbers. 2010, 2015, 2018-2020: brief stat. Sat / Territorial body of the Federal State Statistics Service for the Oryol region. – Orel, 2021. – 190 p.
PHILOSOPHY. RIGHT. SOCIETY
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University
EFREMOVA Tatyana Mikhaylovna
Ph.D. in sociological sciences of the Tyumen State University
KAZAKONA Natalya Vladimirovna
Ph.D. in technical sciences, associate professor of Transport and technical systems sub-faculty of the Tyumen Industrial University
LIFESTYLES OF YOUTH: STATEMENT OF THE PROBLEM
The article raises an urgent problem of modern reality – the consolidation of rural youth in their native land, their small homeland. An analysis of scientific publications and a secondary analysis of studies conducted by regional sociologists showed that only the creation of jobs can keep young people in their native places, in their small homeland.
Keywords: rural youth, youth attitudes, rural settlements, employment, rural entrepreneurship
References
1. Khairullina N. G. Rural community about the socio-economic situation in modern conditions // Koinon. 2022. V. 3. No. 2. S. 204-214.
2. 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. P. 136-138.
3. Khairullina N. G. Social security in the assessments of rural residents / In the collection: Social security in the Eurasian space. Materials of the International scientific conference. Edited by I. A. Grosheva. Moscow-Tyumen, 2022. P. 145-149.
4. Zasedateleva E. I. Career expectations in the problem field of life strategies of rural youth // Siberian Philosophical Journal. 2020. Vol. 18. No. 3. P. 71-80.
5. Kartseva L. V. Social values of rural youth in the perception of the adult population // Bulletin of Economics, Law and Sociology. 2011. No. 1. S. 207-211.
PHILOSOFIA. RIGHT. SOCIETY
BONDARENKO Natalya Grigorjevna
Ph.D. in science philosophicals, professor, Head of History and philosophy of law sub-faculty of the Pyatigorsk Institute (branch) of the North-Caucasian Federal University
KRYUKOVA Lyudmila Vasiljevna
Ph.D. in historical sciences, associate professor of History and philosophy of law sub-faculty of the Pyatigorsk Institute (branch) of the North-Caucasian Federal University
VASILJEVA Inna Anatoljevna
Ph.D. in sociological sciences, associate professor of History and philosophy of law sub-faculty of the Pyatigorsk Institute (branch) of the North-Caucasian Federal University
THE PHENOMENON OF FREEDOM IN AN INDUSTRIAL SOCIETY
The phenomenon of freedom in an industrial society is a complex and multifaceted philosophical concept, which is distinguished by the polarity of the contents of the subject area of philosophical discourse, the content of which is influenced by a number of social, economic and political factors, which determines the relevance of the issues considered in the study. The object of research is industrial society as a historically formed state of social formation. The subject of the study is a person in society, as having freedom and the potential for choice and self-realization. The purpose of the study is to reveal the content of the phenomenon of freedom in industrial society from the standpoint of ambivalence of content. In the study, the phenomenon of freedom is considered from two positions: the freedom of an individual, but not of a citizen, as the ability to make choices and act in accordance with their desires without being constrained by external factors; freedom is the ability to exercise free will and self-determination within their social and economic context. The study argues for the inevitability of restrictions on freedom that arise as a consequence of industrialization.
Keywords: self-expression, choice, citizen, self-realization, liberalism, public person, social agent, economic agent.
References
1. Karabuschenko N. B. “Escape from freedom” as “Escape from responsibility” // Bulletin of the Astrakhan State Technical University. – 2006. – No. 5 (34). – S. 277-282. – EDN JVJPNR.
2. Yurevich A. V. The gift of the Danaytsev: the phenomenon of freedom in modern Russia // Questions of Philosophy. – 2010. – No. 10. – S. 17-26. – EDN MVAKSD.
3. Pugachev V. P. State control and freedom of the individual in a digital society // Bulletin of the Moscow University. Series 21: Management (state and society). – 2022. – No. 2. – P. 36-55. – EDN LPNSIX.
PHILOSOPHY. RIGHT. SOCIETY
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
SHARIPOV Amirkhodzha Asrorkhodzhaevich
postgraduate student of the Ufa State Petroleum Technical University
THE ROLE OF AXIOLOGY IN OBJECTIFYING THE RESULTS OF SOCIAL FORECASTING AND DESIGN
This article is devoted to the study of the role of the value system and axiological methodology in the objectification of the results of social forecasting and design. The authors analyze the scenarios of socio-economic, cultural and spiritual development of society that have developed in modern social science and the humanities and determine the possibilities and predictive potential of the value system in objectifying the results of social forecasting and design.
Keywords: axiology, social forecasting and design, values, axiological methodology.
References
1. Vildanov Kh. S., Derkach V. V. Methodological features of social forecasting // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2017. – No. 1 (19). – P. 132-137.
2. Vildanov H. S., Vildanov U. S. The role of material and spiritual values in the development of national cultures // Social and humanitarian knowledge. – 2014. – No. 10. – P. 125-131.
3. Gainullin R. A., Bikimbetov R. G., Vildanov Kh. S. Social forecasting and design of societal systems // Eurasian legal journal. – 2022. – No. 10 (173). – S. 535-537.
4 Appiah K.A. The honor code: How moral revolutions happen // W. W. Norton & co, New York. – 2010. DOI:10.1093/mind/fzt064.
5. Bostrom N. Existential risk prevention as a global priority // Journal of Global Policy. – 2013. – P. 15-30.
6. Flanagan O. The geography of morality // OUP, Oxford. – 2017. – 304 p.
7. Maikova V. P. Socio-philosophical problems of public consciousness dynamics in modern philosophy. – Moscow: MGUL, 2013. – Vol. 8. – 34 p.
8. Michael Marien, William Halal Global Megacrisis: A Survey of Four Scenarios on a Pessimism-Optimism Axis // Journal of Futures Studies. – 2011. – Vol. 16. – P. 65-84.
9. McClain L. Prejudice, moral progress, and being ‘on the right side of history’: Reflections on Loving v. Virginia at fifty Fordham Law Review. – 2018. – 2701 p.
10. Nasibulina A. Education for Sustainable Development and Environmental Ethics // Procedia – Social and Behavioral Sciences. – 2015. – Vol. 214. – P. 1077-1082.
11. Van De Poel. Design for value change // Journal of Ethics and Information Technology. – 2021. – Vol. 23(4). – P. 27-31. DOI:10.1007/s10676-018-9461-9.
12. Williams E. The possibility of an ongoing moral catastrophe // Ethical Theory and Moral Practice. – 2015. – No. 18 (5). – P. 971-982.
PHILOSOPHY. RIGHT. SOCIETY
GALLYAMOVA Alina Rimovna
Ph.D. in sociological sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
GUSEVA Anna Alexeevna
Head of the Laboratory of Business Technology Development of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
GALLYAMOV Rem Timurovich
student of the specialty of PSD (psychology of work activity) of the Ufa University of Science and Technology
OPPORTUNITIES FOR USING THINKING DESIGN INSTRUMENTS IN TEACHING THE DISCIPLINE “PHILOSOPHY” AT THE UNIVERSITY
The article deals with the issue of modernization of the education system in higher educational institutions. Talk about the use of various techniques and interactive teaching methods aimed at improving pedagogical technologies. The possibilities of using new tools for effective problem solving in the teaching of philosophy are revealed. The authors propose to consider issues that arise in the process of teaching with the help of an innovative method of design thinking. Explaining how the use of this technology affects the increase in students’ interest in studying the subject of philosophy and contributes to the overall motivation for the learning process. The authors analyze modern research on the use of design thinking in teaching the discipline “Philosophy”. The article considers the method of design thinking as a special approach to work, an algorithm of actions as an anthropocentric approach to teaching, which can also be used to update the curriculum, redesign the student space, change and form the organizational culture of the University and introduce innovative programs.
Keywords: design thinking tools, improving the education system at the university, project-based learning, teaching methods, creative thinking, design thinking in education, teaching philosophy; philosophy
References
1. Mosienko M.K. Design thinking as a style and method of philosophy // Philosophy and Culture. 2018. No. 4. S. 1-7. DOI: 10.7256/2454-0757.2018.4.24620. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=24620
2. Mikhailina S. A., Khanina A. D. Design in educational technologies of philosophical knowledge // Economic and social and humanitarian studies. 2019. No. 4 (24). National Research University MIET, Moscow
3. Oliver K. Design thinking. All tools in one book. M., 2019. Publisher: Bombora, Series: Top Business Awards.
4. Brown T. Design thinking in business. From developing new products to designing business models. Moscow: Mann, Ivanov and Ferber, 2019.
5. Michael M. Rice Storm and 21 More Ways to Think Outside the Box. M.: Mann, Ivanov and Ferber, 2021.
6. Galoi N. Yu., Gorbenko I. A. Design thinking technology as a means of psychological and pedagogical support of educational practice of students studying in the direction of “Pedagogical education” // Problems of modern education. 2018. No. 6. S. 35-42.
7. Kelly T., Kelly D. Creative confidence. How to release and realize your creative powers. M.: Azbuka-Atticus, 2019.
8. Osterwalder A. Building business models: Handbook of a strategist and innovator. M.: Alpina Publisher, 2018.
PHILOSOPHY. RIGHT. SOCIETY
GORBACHEV Sergey Borisovich
Ph.D. in political sciences, associate professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
ON SOME WORLD VIEW APPROACHES TO DETERMINING THE FOREIGN POLICY STRATEGY OF RUSSIA IN RUSSIAN PHILOSOPHICAL DISCOURSE
The article is dedicated to a comparative analysis of ideological approaches to determining the foreign policy strategy of the Westerners, Slavophiles and Eurasians. They offer different, sometimes diametrically opposed strategies for Russia’s behavior in the world. It is concluded that the foreign policy strategy of the Eurasians is the most realistic and consistent with the civilizational interests of Russia.
Keywords: Westernizers, Slavophiles, Eurasians, state, civilization, foreign policy strategy.
References
1. Gorbachev S. B. To the question of the need for state autarky in modern conditions // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 492-494.
2. Gorbachev S. B. Implementation of the geostrategy of the West in the Middle East as a policy of double standards // Economics and management: a scientific and practical journal. – 2021. – No. 3 (159). – P. 187-190.
3. Gorbachev S. B. Subjective foundations of classical Eurasianism // On the eternal and transient: a collection of scientific articles. Issue 12 / Rev. edited by R. Kh. Lukmanov. – Ufa: RIC BashGU, 2021. – P. 22-24.
4. Gumilyov L. N. Ancient Rus’ and the Great Steppe / Comp. and general ed. A. I. Kurkchi: in 2 books. – M.: Institute DI-DIK, 1997. – Book. 1. – 512 p.
5. Danilevsky N. Ya. Russia and Europe: A look at the cultural and political relations of the Slavic world to the German-Roman. – M: Eksmo, 2003. – 640 p.
6. Primakov E. M. Years in big politics. – M.: Collection “Top Secret”, 1999. – 445 p.
7. Solonevich I. L. People’s monarchy. – M.: Eksmo, 2003. – 608 p.
8. Chaadaev P. Ya. Philosophical letters: a collection. – M.: Direct-Media, 2016. – 829 p.
PHILOSOPHY. RIGHT. SOCIETY
DORONIN Yuriy Petrovich
Ph.D. in historical sciences, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
ECONOMIC SECURITY AS ONE OF THE STRATEGIC NATIONAL PRIORITIES OF THE RUSSIAN FEDERATION
Based on the analysis of two strategic topical Decrees of the President of the Russian Federation such as “On the strategy of economic security of the Russian Federation for the period up to 2030” and “On the strategy of national security in the Russian Federation” the current issues of economic security are considered in the article. These documents demonstrate the priority importance of economic security systematically and comprehensively, determine the goals, main directions and tasks of state policy in the economic sphere to ensure maintaining economic sovereignty and overcoming threats to economic security.
Keywords: economic security, threats to economic security, maintenance of economic security, strategy of economic security, strategic national priorities.
References:
1. On the economic security strategy of the Russian Federation for the period up to 2030 [Electronic resource]: Decree of the President of the Russian Federation of May 13, 2017 No. 208. Access from the legal reference system “ConsultantPlus”.
2. On some issues of the Security Council of the Russian Federation Decree of the President of the Russian Federation of March 7, 2020 No. 175 (together with the “Regulations on the Security Council of the Russian Federation”, “Regulations on the Office of the Security Council of the Russian Federation” [Electronic resource]: Decree of the President of the Russian Federation of 07 March 2020 No. 175. Access from the legal reference system “ConsultantPlus”.
3. Pavlov V.I. Substantiation of the composition of new indicators for assessing the economic security of the Russian Federation in the context of strengthening anti-Russian sanctions // Development and security. M.: Institute for Market Problems of the Russian Academy of Sciences, 2022. No. 3. P. 17-28.
4. On the national security strategy of the Russian Federation [Electronic resource]: Decree of the President of the Russian Federation of July 2, 2021 No. 400. Access from the ConsultantPlus legal reference system.
5. On the economic security strategy of the Russian Federation for the period up to 2030 [Electronic resource]: Decree of the President of the Russian Federation of May 13, 2017 No. 208. Access from the legal reference system “ConsultantPlus”.
6. Gadzhiev N. G., Konovalenko S. A., Trofimov M. N. Threats in the field of ensuring the economic security of the state. Ways to neutralize them // Bulletin of the Dagestan State University. Series 3. Social Sciences. 2022. Volume 37. Issue. 1. P. 7-19.
PHILOSOPHY. RIGHT. SOCIETY
IGNATOVA Yuliya Evgenjevna
postgraduate student of Philosophy, law and social sciences and humanities sub-faculty of the Armavir State Pedagogical University
LUKYANOV Gennadiy Ivanovich
Ph.D. in science philosophicals, associate professor, professor of Economics and management sub-faculty of the Faculty of Engineering and Economics of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University
THE PHENOMENON OF SOCIAL TRUST AS THE BASIS FOR THE DEVELOPMENTOF LEGAL CONSCIOUSNESS IN MODERN RUSSIAN SOCIETY
The article deals with the phenomenon of social trust as the main factor of social development and stability of society, a resource of sustainability and high functionality of social institutions. It is indicated that trust in modern conditions is understood as a necessary part of the successful functioning of society, as the most important component of social capital, a resource and condition for the integration and development of any, both vertical and horizontal social structures. The relationship between the problems of social trust and social capital and the problem of dysfunction of legal consciousness in Russia is shown. An analysis is made of the relationship between legal culture and legal ideology in Russian society. From a substantive point of view, Russian legal consciousness has always been more focused on the normative system of morality than law. That is, the achievement of informal “justice” in the Russian historical tradition was and still is a more significant goal than the establishment of formal “legality”.
Keywords: Russian society, social trust, social capital, legal consciousness, morality, values, social institutions, culture.
References
1. Fukuyama F. Trust. Social virtues and the path to prosperity. – M.: AST, Ermak, 2004. – 730 p.
2. Baklanov I. S., Baklanova O. A., Fedotenkov E. S., Fedotenkova O. V., Pokhilko A. D. Nihilism in Russian society: analysis of its essence and forms of manifestation. – Armavir, 2019. – 156 p.
3. Reuf V. M., Salnikov S. P. Legal consciousness as a function and functions of legal consciousness // Bulletin of the Academy of Economic Security of the Ministry of Internal Affairs of Russia. – 2009. – № 12. – S. 50-57.
4. Solovyov V. S. Justification of the good // Works: in 2 volumes – M .: Thought, 1988. – T. 1. – 895 p.
5. Baklanov I. S., Lagunov A. A. On the issue of heuristic expansion of the concept of religion in modern scientific discourse // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Philosophy. Political science. Culturology. – 2021. – V. 7 (73). – No. 4. – P. 34-42.
6. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of History Culture and Art Research. – 2018. – V. 7. – No. 2. – R. 41-47.
7. Smaznova O. F. Axioms of legal consciousness by I. A. Ilyin and temporal analysis of the development of legal consciousness // Bulletin of the Novgorod State University. – 2003. – № 24. – S. 46-50.
8. Burlova Yu., Baklanova O. Normative Conditioning of the Consciousness of the Society Subject: Sociocultural Approach // Science Almanac of Black Sea Region Countries. – 2022. – No. 4 (32). – R. 3-9.
9. Berdyaev N. A. On the appointment of a person. – M.: Respublika, 1993. – 383 p.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in science philosophicals, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
ZUBKOV Egor Sergeevich
student of the bachelor’s degree in music education of the Institute of Arts and Art Education of the A. G. and N. G. Stoletov Vladimir State University
AN ECOPHILIC IMAGE OF SRI CHAITANYA AS A BENGALI SAINT – PHILOSOPHER AND MUSICAL FIGURE
The article is dedicated to the theological and ecophilic activity of Shri Chaitanya. The famous Bengali saint, religious reformer, preacher of the cult of bhakti showed various images of ecophilia at different periods of his life. The transformation of Shri Chaitanya’s views took place through the strengthening of ecophilic images of bhakti and the deepening of the religious and psychological experiences of this saint. The musical chants of Sri Chaitanya – harinama sankirtana – are a special kind of genre that allows you to experience truly spiritual emotions.
Keywords: Sri Chaitanya, bhakti cult, ecophilic philosophy, music.
References
1. Bhaktivedanta Swami The teachings of Sri Chaitanya. – M.: BBT Publishing House, 1989. – 381 p.
2. Bhakti Vikasha Swami A look at traditional India. – Nizhny Novgorod: BBT Publishing House, 2002. – 230 p.
3. Kremo Michael A., Mukunda Goswami Divine nature. – M.: BBT Publishing House, 2004. – 121 p.
4. Steven Rosen Vegetarianism in World Religions: Transcendental Diet – M.: Philosophical Book Publishing House, 2013. – 176 p.
5. Satsvarupa dasa Gosvami Essays on Vedic Literature. – M.: BBT Publishing House, 2008. – 160 p.
6. Timoshchuk A. S. Aesthetics of the Vedic culture. – Vladimir: Publishing House of the All-Russian Institute of Justice of the Ministry of Justice of Russia, 2003. – 112 p.
7. Timoshchuk A. S. Anthropology and hermeneutics of the Chaitanya movement // Collective monograph based on materials of international scientific conferences “Religion and Comtetexts” and “Religious situation: regional specificity”. – St. Petersburg: IP Keller, 2022. – S. 184-197.
8. Timoshchuk A. S. Nabadvipa bhava taranga or the cinema of the time of Bengali Vishnuism // Bulletin of the Minin University. – 2022. – V. 10. No. 2. – S. 12-28.
9. Timoshchuk A. S., Shavkunov I. V., Matveev S. A. 6 systems of Indian philosophy. – M .: Publishing House Light, 2015. – 304 p.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Yuliya Rabisovna
Ph.D. in science philosophicals, associate professor of Economic theory sub-faculty of the Ufa University of Science and Technology
THE SPECIFICITY OF UNDERSTANDING TRANSCENDENTALISM IN CLASSICAL AND MODERN PHILOSOPHY
The article analyzes and explores the features of understanding transcendentalism from classical and modern philosophical teachings. It is concluded that transcendentalism opens up new, deeper perspectives in the study of consciousness and reality in comparison with naturalism, which tries to establish one reality, as well as to reduce the nature of consciousness to the work of the brain.
At the same time, transcendentalism can lead to skepticism and agnosticism in relation to the possibility of explaining the phenomenon of consciousness, which is manifested in a number of concepts of Kantian and analytical philosophy.
Keywords: being, unity, transcendentalism, transcendental, consciousness, objective world, subjectivity, naturalism.
References
1. New philosophical encyclopedia in 4 volumes / Institute of Philosophy RAS. – M.: Thought, 2000-2001, T. 4. – S. 96.
2. Gaidenko P. Being and mind // Questions of Philosophy. – 1997. – No. 7. – P. 5
3. Korotkov V. E. Sociocultural foundations for understanding modern transcendentalism // cyberleninka.ru. – C. 7.
4. Panova O. B. Language as a transcendental problem of the philosophy of culture. // Bulletin of the Tomsk University. – 2009.
5. Heidegger M. Being and time. – M.: Academic project, 2011.
6. Gasparyan D. A. What does it mean to be a transcendentalist in modern analytical philosophy of consciousness? // Epistemology and philosophy of science. – 2015. – T. XLIV. No. 2.
PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate profess of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University
HISTORICAL MEMORY AND HISTORICAL THINKING AS BASIC ELEMENTS OF HISTORICAL CONSCIOUSNESS: SOCIO-PHILOSOPHICAL ANALYSIS
The paper studies the structure of historical consciousness, at the top of which is historical memory and historical thinking. In the format of social phenomenology, historical consciousness is a system of navigation and orientation in a multi-layered trajectory “past – present – future”, “connection of times” in which value orientations and emotional and figurative accents are placed. It not only expresses the attitude towards the past, but also forms the normative determinants for the present, joint goal-setting and forecasting for social subjects. Historical memory is the memory of “above-everyday” historical experience proper. It ranks events into “ordinary” and “extraordinary”, producing a semantic unification of the series of events. The highest level of historical consciousness – historical thinking – is the conceptual and cognitive constructs of historical consciousness, responsible for the creation of this single image of history, through which the present is legitimized and the prospect of the future is formed.
Keywords: social philosophy, philosophy of history, society, historical consciousness, historical memory, historical thinking, image of history.
References
1. Augustine the Blessed. About the city of God. Book. 1. – M.: RUGRAM, 2016. – 662 p.
2. Baklanov I. S. The role of early Christianity and non-Christian traditions in the development of European intellectualism // Scientific Thought of the Caucasus. – 2004. – No. S5. – P. 15-23.
3. Baklanova O. A. Trends in social philosophy: Western and Russian experience of postmodernism comprehension // Philosophy of Law. – 2011. – No. 5 (48). – S. 23.
4. Blok M. Apologia of history, or the Craft of the historian / Per. from fr. – Tallinn: Eesti Raamat, 1983. – 184 p.
5. Husserl E. Phenomenology of the internal consciousness of time // Husserl E. Collected works. T. 1. – M.: Gnosis, 1994. – 162 p.
6. Dushina T. V., Baranov S. T., Baklanov I. S. Philosophy of knowledge of postmodernism. – Stavropol: North Caucasian State Technical University, 2007. – 129 p.
7. Klemenova E. N., Kudryashov I. A. The concept of the chronotope of M. M. Bakhtin in the aspect of the problem of interaction between language and thinking // Cognitive studies of language. – 2016. – No. 25. – P. 817-823.
8. Lagunov A. A., Baklanov I. S., Ivanova S. Yu. Christian eschatology and social utopias: on the 100th anniversary of the birth of Protopresbyter Alexander Schmemann // Bulletin of the Peoples’ Friendship University of Russia. Series: Philosophy. – 2022. – V. 26. No. 1. – S. 110-119.
9. Losev A. F. Dialectics of myth. – M.: Academic Project, 2008. – 303 p.
10. Foucault M. Words and things. Archeology of the Humanities / Per. from fr. V. P. Vizgin and N. S. Avtonomova. – St. Petersburg: A-cad, 1994. – 408 p.
11. Halbvaks M. Collective and historical memory // Journal “Inviolable reserve”. – 2005. – No. 2-3 (40-41). – P. 8-27.
12. Shmatko A. A. Historical experience in the structure of historical consciousness: representation and socio-philosophical reflection // Humanities and socio-economic sciences. – 2021. – No. 6 (121). – P. 27-31.
13. Shmatko A. A. Social and phenomenological study of the basic levels of historical consciousness // Eurasian legal journal. – 2022. – No. 10 (173). – S. 556-557.
14. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of History Culture and Art Research. – 2018. – V. 7. No. 2. – R. 41-47.
PHILOSOPHY. RIGHT. SOCIETY
BURLOVA Yuliya Alexandrovna
Ph.D. in Law, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant of colonel police
HIDDEN RATIONING AS A FACTOR OF SOCIO-CULTURAL DYNAMICS (TO THE 100TH ANNIVERSARY OF A. A. ZINOVIEV – PHILOSOPHER AND HUMANIST)
In the article, on the example of the work of the outstanding Russian philosopher A. A. Zinoviev considers the phenomenon of hidden rationing (crypto-rationing) of Russian culture and the effect that crypto-rationing has on the social dynamics of Russian society. For Russian society, the problem of hidden, implicit regulation of culture has been relevant for more than a century, since both in Soviet times and after it, the question of the dialectic of human freedom and social coercion was extremely broad and acute. As Zinoviev showed, implicit regulation occurs through morality and religion. Their means (their language) produce semantic and normative markup of symbolic reality, produce unified social meanings and imperceptible substitution, displacement of individual ones. It is noted that it is precisely the understanding of how culture itself latently sets the norms of existence for people, the dynamics of social development, which led to Zinoviev’s negative perception of perestroika.
Keywords: norm, normative consciousness, hidden rationaling, society, culture, religion, morality, socio-cultural dynamics.
References
1. Kant I. Fundamentals of the Metaphysics of Morality // Kant I. Works: In 4 vols. Vol. 4. Part 1. M.: Thought, 1965.
2. Baklanov I. S. Biological and social prerequisites for the existence of intellectualism // Bulletin of the Volgograd State Medical University. 2004. No. 12. P. 90-93.
3. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. 2022. No. 4 (45). pp. 112-115.
4. Implicit bias and philosophy / Ed. Brownstein M., Saul J. Oxford: Oxford univ. press, 2016. Vol. 1: Metaphysics and epistemology. 336 p.
5. Zinoviev A. A. Yawning Heights. M.: Kanon+, 2021. 720 p.
6. Burlova Yu., Baklanova O. Normative conditioning of the consciousness of the society subject: sociocultural approach // Science Almanac of Black Sea Region Countries. 2022. No. 4 (32). pp. 3-9.
7. Quadrature of meaning: French school of discourse analysis. M.: Progress, 1999.
8. Canetti E. Mass and power. Per with him. Moscow: Ad Marginem, 1997. 527 p.
9. Pokhilko AD Socio-cultural autonomy of consciousness: an existential-anthropological dimension. Rostov-on-Don: Publishing House of the North Caucasian Scientific Center of Higher Education, 2006. 248 p.
10. Skvortsov A. A. Sociology of Alexander Zinoviev: between logic and ethics // Alexander Alexandrovich Zinoviev. M.: ROSSPEN, 2009. S. 246-270.
11. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. 2021. No. 6. P. 214-217.
12. Berdyaev N.A. Crisis of art. M.: SP Interprint, 1990.
13. Fromm E. Healthy society; Per from English. // Psychoanalysis and Culture: Selected Works of Karen Horney and Erich Fromm. Moscow: Yurist, 1995. 623 p.
14. Baklanova O. A., Semkin A. V., Yugay V. V. Value bases of socio-cultural communication as a manifestation of the identity of social subjects. Bulletin of the Armavir State Pedagogical University. 2022. No. 4. P. 155-163.
15. Hall E. T. Beyond Culture. N.Y.: Anchor Press, 1976. 316 p.
16. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclusiones. 2020. V. 7. No. 4. Pp. 362-368.
17. Zinoviev A.A. Homo Sovieticus. M.: Tsentrpoligraf, 2000. 412 p.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in science philosophicals, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
NOSTALGIA FOR THE ECOPHILIC PAST ON THE EXAMPLE OF THE IMAGE OF A BENGALI VILLAGE
The article culture reveals the problems of traditional, religious values in connection with the trends of urbanization and increased impact on the environment. As an example of such links, the image of the Bengal village stands out as an ecophilic way of life in harmony with nature, minimizing the destruction of the habitat of living organisms. This study reveals the features of the stability and changes of traditional culture under the influence of globalization and the spread of Western values and the influences of consumerism.
Keywords: Bengal, village, traditional culture, ecophilic philosophy, Hinduism.
References
1. Bhakti Vikasha Swami A look at traditional India. – Nizhny Novgorod: BBT, 2002. – 230 p.
2. Zubkov S. A. Criteria of religious ecophilicity // Proceedings of the Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Volume 28. -S. 92-100.
3. Zubkov S. A. Ecophilic origin of vegetarianism // Bulletin of the Vyatka State University. – 2020. – No. 2 (136). – S. 43-49. DOI 10.25730/VSU.7606.20.023.
4. Zubkov S. A., Frolov M. O. Ecophilic ruralization and ecovillages. Eurasian legal journal. – 2022. – No. 4 (167). – S. 499-501.
5. Kremo Michael A., Mukunda Goswami Divine nature. – M.: BBT, 2004. – 121 p.
6. Satsvarupa dasa Gosvami Essays on Vedic Literature. – M.: BBT Publishing House, 2008. – 160 p.
7. Timoshchuk A. S. Aesthetics and metaphysics: cultural genesis of Bengali Vaishnavism in the works of Rupa Goswami // II Russian Congress of Cultural Studies. – St. Petersburg: Eidos, Asterion, 2008. – S. 387-388.
8. Timoshchuk A. S. Communication of the aesthetic in traditional society (on the example of Bengali Vishnuism): abstract of dis. … cand. philosophy Sciences. – M.: IFRAN, 1999. – 20 p.
9. Lokanath Swami. [Electronic resource]. – Access mode: https://www.last.fm/ru/music/Lokanath+Swami/ (date of access: 05/20/2023).
PHILOSOPHY. RIGHT. SOCIETY
VERKHOZINA Olga Alexandrovna
Ph.D. in science psychologicals, associate professor of Social and humanitarian disciplines sub-faculty of the Russian Biotechnological University
LEGAL AND ETHICAL PROBLEMS OF INTERACTION WITH ARTIFICIAL INTELLIGENCE
The article is devoted to the actual legal and ethical problems of interaction with artificial intelligence. The article analyzes the legislative framework related to the introduction and application of artificial intelligence, identifies legal and ethical problems. The problem of the legal characteristics of artificial intelligence is acutely relevant both in Russia and in other countries. The Concept for the Development of regulation of Relations in the field of artificial intelligence and robotics technologies until 2024, approved by the Decree of the Government of the Russian Federation No. 2129-p3 of August 19, 2020, confirms the absence in Russia of special legislative regulation that takes into account the specifics of the use of artificial intelligence and robotics technologies, in connection with which the tasks of its formation are set.
The foundations of the legal system, taking into account the existence of artificial intelligence, should begin to be built by defining the paradigm of interaction, building the legal and moral and ethical foundations of interaction between artificial and natural intelligence, and only after that create an updated regulatory framework. The formulation of the principles of legal, but also ethical regulation of the interaction of two intelligences is a priority task today.
Keywords: legal and ethical problems, artificial intelligence, interaction of artificial and natural intelligence.
References
1. Kamalova G. G. Legal and ethical principles of regulation of artificial intelligence and robotics // Law and state: theory and practice. 2021. No. 10. P. 181-184.
2. Malyshkin A. V. Integrating artificial intelligence into public life: some ethical and legal problems // Bulletin of St. Petersburg University.site. Right. 2019. V. 10. No. 3. S. 444-460.
3. Popova A. V. Ethical principles of interaction with artificial intelligence as a basis for legal regulation // Legal state: theory and practice. 2020. No. 3. P. 34-43.
4. Theoretical and legal paradigm of the existence of a cybernetic (information) civilization: monograph / Ed. S. A. Komarova. M.: Publishing House MATGiP, 2022. 320 p.
5. Uzhov F. V. Artificial intelligence as a subject of law // Gaps in Russian legislation. 2017. No. 3. P. 357-360.
PHILOSOPHY. RIGHT. SOCIETY
KRUCHININ Sergey Vasiljevich
Ph.D. in science philosophicals, associate professor, lecturer of the Tyumen Industrial University
ARTIFICIAL INTELLIGENCE AND THE RANGE OF ITS POSSIBLE APPLICATIONS
The article examines the modern development of artificial intelligence in general and in particular in certain areas. At the same time, the article focuses on several aspects. Firstly, on how nominal artificial intelligence is used now and how it could be used in other areas. And also on what hidden advantages and threats it brings to society both in the cultural aspect and in the socio-economic, namely, how artificial intelligence will affect employment and the labor market. At the same time, the author of the article points out that modern science assumes that artificial intelligence will create a new round of the modern industrial revolution and will lead to a significant renewal of all technological processes.
Keywords: artificial intelligence, unemployment, development, division of labor, society.
References
1. Antonov A. A. Artificial intelligence as a source of increased danger // Lawyer. – 2020. – No. 7. – P. 69-74.
2. Begishev I. R., Khisamova Z. I. Artificial intelligence and robotics: theoretical and legal problems of delimitation of the conceptual apparatus // Bulletin of the Udmurt University. Series “Economics and Law”. – 2020. – T. 30. No. 5. – S. 706-713.
3. Nikulin L. F. et al. Artificial intelligence and management transformation // National interests: priorities and security. – 2020. – T. 16. No. 4. – P. 600-612.
4. Poryaeva E. P., Evstafieva V. A. Artificial intelligence in medicine // Bulletin of science and education. – 2019. – No. 6-2 (60). – P. 15-18.
5. Somenkov S. A. Artificial intelligence: from object to subject? // Bulletin of the University named after O. E. Kutafin. – 2019. – No. 2 (54). – P. 75-85.
PHILOSOPHY. RIGHT. SOCIETY
AVETISYAN Viktoriya Sergeevna
postgraduate student of Philosophy, law and social sciences and humanitarian sciences sub-faculty of the Armavir state Pedagogical university
THE INTERACTION OF THE FEMININE AND THE MUSCULAR IN THE SOCIO-CULTURAL ENVIRONMENT OF MODERN SOCIETY
Resume: The article considers gender identity as one of the most important foundations for the formation of an individual’s integral identity. With regard to a consistent approach to gender identity in Russian society today, there is a clear lack, moreover, they are strenuously trying to make up for it at the expense of traditionalism. The analysis of gender mythology and the linguistic representation of the phenomenon of gender seems to be an important task in understanding Russian gender practices. At the same time, while in Western countries in the second half of the 20th century there was a rapid transition to the politicization of gender issues, this did not happen in Russia. solving the interaction of the feminine and the masculine problem in modern society requires the efforts of the entire philosophical and scientific community to correctly comprehend it and avoid obvious gaps between real practices and declarations.
Keywords: modern society, gender, gender relations, femininity, masculinity, gender myth, gender stereotype, gender identity.
References
1. Baklanova O. A., Semkin A. V., Yugay V. V. Value foundations of socio-cultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. 2022. No. 4. P. 155-163.
2. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in global information society // Revista Inclusiones. 2020. V. 7. No. 4. Pp. 362-368.
3. Avetisyan V. S. Feminitives as a linguistic marker of a gender problem in modern society // Eurasian Law Journal. 2022.
No. 11. P. 408-409.
4. Gubanova M. A. Human transformation in a global network society // Bulletin of the Armavir State Pedagogical University. 2020. No. 4. P. 103-109.
5. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, social and psychological factors of the conservative consumer towards legal cannabis use-a review since 2013 // Sustainability. 2022. V. 14. No. 17. P. 10993.
6. Derrida J. Letter and difference. M.: Academic project, 2007. 495 p.
7. Baudrillard J. Symbolic exchange and death. M.: Dobrosvet, KDU Publishing House, 2011. 392 p.
8. Genderqueer and Non-Binary Genders / Christina Richards, Walter Pierre Bouman, Meg-John Barker (eds.). London: Palgrave Macmillan, 2017.
9. Baklanova O.A., Demchenko N.A. Gender transformations in modern Russian society // Theory and practice of social development. 2015.
No. 12. P. 323-325.
10. Balditsyna E. I., Baklanov I. S., Baklanova O. A. Features of the study of gender identity in modern social theory // Woman in Russian society. 2019. No. 2. P. 43-51.
11. Kon I. S. Masculinity in a changing world // Questions of Philosophy. 2010. No. 4. P. 25-35.
12. Guseynova I. A. Gender as a conflict factor in institutional communication // Bulletin of the Moscow State Linguistic University. Humanitarian sciences. 2021. No. 11 (853). pp. 59-74.
13. Anosov E. A. Gender stereotypes in proverbs of the Russian language in the light of methodological approaches to the study of the phenomenon of gender stereotyping
// Bulletin of the South Ural State University. Series: Linguistics. 2012. No. 25. P. 93-96.
14. Makhmutova L. F. Gender segregation and gender stereotypes in the sphere of political management // Collection of conferences of the National Research Center Sociosphere. 2012.
No. 20. P. 52-58.
15. Zaichenko A.A., Baklanova O.A., Makhrinova M.V. Analysis of the family as a social institution and community in the perspective of sociocultural research // Humanitarian and socio-economic sciences. 2019. No. 5 (108). P. 30-34.
OVERVIEW
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the State Agrarian University of the Northern Trans-Urals
PIRVERDIEVA Elvira Ali-kyzy
lecturer of Foreign languages sub-faculty of the Tyumen Industrial University
SPIRITUAL AND MORAL MEANINGS, IDENTITIES AND CULTURE IN THE CONDITIONS OF GLOBAL CHALLENGES
In April 2023, the annual XXVIII Sociological Readings were held in Moscow. During the conference, sociologists, ethnographers, and economists presented the results of their theoretical and applied research in order to share knowledge, strengthen and develop research ties among the sociological community.
Keywords: migration, emigration, youth, mobilization, lifelong education, continuity of generations, sociocultural code
OVERVIEW
KABANOV Vladimir Lvovich
Ph.D. in pedagogical sciences, Ph.D. in Law, professor of Judicial power, law enforcement and human rights activities sub-faculty of the Moscow state Pedagogical university, professor of Pedagogy and psychology of family education sub-faculty of the Moscow state Pedagogical university
KALAMKARYAN Ruben Amayakovich
Ph.D. in Law, professor of Human rights and international law sub-faculty of the V. Ya. Kikot Moscow university of the MIA of Russia, professor of International law and foreign economic activity sub-faculty of the M. M. speransky Institute of Law of the A. G. and N. G. stoletov Vladimir state university
MONOGRAPH GORYACHEV YU. A., ZAKHAROVA V. F., OMELCHENKO E. A. “INTERNATIONAL STANDARDS OF EDUCATION: LESSONS OF HISTORY AND MODERNITY”: MONOGRAPH. GENERAL ED. BY YU. A. GORYACHEVA. – MOSCOW: ETHNOSPHERE, 2022. – 210 P. CREATED THE INSTITUTIONAL AND LEGAL BASIS FOR THE PHENOMENON OF INTERNATIONAL STANDARDS OF EDUCATION
The paper reveals the importance of international standards of education in the system of the modern world order.
Keywords: international standards of education, the system of the modern world order.
References
1. International law. Textbook / Ed. A.N. You are a legzhanina. M., 2009.
2. International law. Textbook / Ed. A. Ya. Kapustina. M., 2008.
3. Kalamkaryan R. A. Dominance of law Rule of Law in international relations. M., 2004.
4. The role of international law in modern foreign policy / Otv. ed. Yu. M. Kolosov. M., 1990.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
6,978 ВСЕГО, 4 СЕГОДНЯ