CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №9(184)2023
PERSONA GRATA
M. A. Ermolina:
Environmental safety in the context of eurasian integration
Interview with Ermolina Marina Anatolyevna, Ph.D. in Law, associate professor of the World politics sub-faculty of the St. Petersburg state university.
EURASIAN INTEGRATION
Zhukov A. Z., Romanov A. A., Ogorodnikov M. A.
Features of legal regulation of information processes of member states of the Eurasian Economic Union
INTERNATIONAL LAW
Lancelot G. Wills
The treaty of Tordessilas 1494. The initial division of South America
Mishalchenko Yu. V., Sekste Ya. A., Mishalchenko M. Yu.
The artistic region in the international and national security system of the Russian Federation: international and public legal trends
Trunov I. L.
Private military companies as a political tool of armed conflicts
Mohammad Jamal Ali
International arbitration: its system and key features
INTERNATIONAL PRIVATE LAW
Wang Yanyan, Luo Lin, Taranova T. S.
Features of legal regulation of legisitation connected with the participation of the People’s Republic of China in WTO
INTEGRATION LAW
Nakryzhskaya V. A.
Impact of the European Union legal regulation in the sphere of industrial decarbonization on the environmental legislation of the Russian Federation in the context of foreign countermeasures and restrictions
LAW OF THE FOREIGN COUNTRIES
Biryukov P. N.
Confiscation of criminal assets located abroad (South Korean experience)
THEORY OF STATE AND LAW
Ananjeva E. O., Ivliev P. V.
On the issue of interaction between journalists and government authorities: legal aspects
Butenko A. K., Igoshin N. I.
Ensuring information security: features of legal regulation
Kurnosova V. V.
Legal mechanisms of interaction between legal and economic systems
Makhonin D. D., Scobileva I. V.
The role of Judicial Precedent as a quasi-source of law in the Romano-Germanic legal family, its influence on the positive law of the Russian Federation
Matantsev D. A.
To the problem of the correlation of actual and legal behavior
HISTORY OF STATE AND LAW
Aliev B. G., Magaramov S. A., Manatilova Z. Z.
Customary law in prevention and settlement of conflicts in Dagestan
Gnetova L. V., Gulyaeva T. B.
Features of legal protection of motherhood and childhood in Germany at the beginning of the XX century
Ignatjev N. O.
Formation of scientific knowledge about the historical types of the state by Soviet legal science
Sypchenko A. V.
Activity of the labor people’s socialist party in developing the legislative framework for elections to the constituent assembly
Urusov Z. Kh.
The formation of Russian statehood and law: ideological aspect
CONSTITUTIONAL LAW
Salmanov N. N.
Organizational interaction of the President of the Russian Federation and the executive branch in modern Russia: constitutional and legal aspect
Swayedi Ali Khalil Burhan
Problems of implementation of decisions of constitutional control bodies in Iraq and Russia: comparative legal research
ADMINISTRATIVE LAW
Antonov A. A., Shevko N. N.
About individual violations of law and order on board the aircraft
Aliev A. M., Alieva A. I.
Features of consideration of administrative cases by the Commission on juvenile affairs and protection of their rights
Vlasova E. L.
The main stages of consideration of an administrative offense case in court
Zhurov A. N., Gostev S. S., Ermakov E. G.
Police activity in regulating the turnover of alcoholic beverages and combating drunkenness in the Russian Empire in the first half of the XVIII century
Zyryanov I. V., Kravtsov S. S., Brovko N. V.
Some features of the legal status and operation of personal mobility equipment
Keramova S. N., Abdusamadov G. U.
Problems of public service reform in the Russian Federation
Mironova O. A., Yarmoshevich E. P.
Interaction of the police with civil society institutions in the prevention of illegal migration
Chelpanova M. M., Polikarpov D. I.
Some aspects of police activities in the field of protecting children from information that harms their health and development
Platitsyna L. A.
Improving the administrative and legal status of the Ombudsman for Children in Russia: theoretical and legal aspect
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Civil liability in case of transport accidents
Ivanova M. Yu., Dadayan E. V., Storozheva A. N.
On the issue of certain aspects of the development and support of small business (on the example of the Krasnoyarsk Territory)
Ismagulov R. R.
The formation of the doctrine of the piercing the corporate veil in Russia and in foreign countries
Mogilevskiy G. A., Tarasov D. Yu.
A digital passport of a citizen (individual) is the main document, with the use of information technologies, as a means of its individualization as a subject of civil circulation
Fayrushina M. Z., Golikova N. L.
Legal aspects and factors influencing the formation of a psychologically comfortable educational environment
Yakubov M. L.
Legal mechanism of using smart contracts in banking
Derevyanko O. V.
Division of property after the dissolution of marriage. Exception to the general rules
FAMILY LAW
Kudryavtseva L. V., Chernov Yu. I., Klevtsova M. P.
Marriage contract: theoretical and practical significance
LABOUR LAW
Dreval L. N., Brant A. A.
On the protection of citizens’ rights in the absence of an employment contract by the Prosecutor’s Office: some aspects
Zaytseva A. A., Matveev A. K., Tsyrendashieva V. T.
Gender policy in the labor law of the Asia-Pacific countries
ECOLOGICAL LAW
Karimbekov A. M.
Environmental rights and obligations and their place in the system of human and civil rights, freedoms and duties
LEGAL PROBLEMS OF ENVIRONMENTAL PROTECTION
Antonov A. A., N. N. Shevko N. N.
“Road Safety Strategy in the Russian Federation for 2018-2024” – program for action
CRIMINAL LAW
Avdeeva U. A., Maksimova K. L.
Topical issues of environmental crimes
Biyarslanova A. M., Magomedova R. M.
Features of official crimes as a type of corruption-related crimes
Isaicheva M. M.
Certain characteristics of an official as a subject of crimes in the field of state and municipal procurement
Karchaeva K. A.
About new challenges and threats related to the growth of cyberspace crime
Kovalishina K. V., Yevsikova E. V.
Some problems of countering offenses and crimes in the field of blogging (humanitarian aspect)
Lashchenko R. A., Tkhazeplov T. M., Mikhailov A. N.
Some areas of improving the legal regulation of arms trafficking
Libenzon E. L.
Issues of qualification of group smuggling in law enforcement practice under Art. 226¹ of the Criminal Code of the Russian Federation (based on the example of judicial practice of the Trans-Baikal Territory)
Marianov A. A., Idrisova A. D., Eskenderov A. G.
Problems of the spread of modern forms of violence among students in secondary schools
Magomedov H. B., Tailova A. G., Garanov M. Sh.
Deception as a way of committing a crime
Maximova K. L., Shevtsov D. S.
The system of privileged compositions of murders
Makhmudova M. A., Shikhshabekov S. Y., Marianov A. A.
Grounds for mitigation of criminal punishment: issues of theory and practice
Peyzak A. V.
Raising the problem caused by the repeal of the Order of the Ministry of Internal Affairs of Russia № 19 of 17 January 2006 «On the activity of the internal affairs agencies to prevent crime»
Stepenko A. V.
Implementation of criminal liability for mercenarism
Surovikina A. E.
Illegal circulation of medicines and medical devices: mutual influence of general signs of a crime and characteristics of the criminal’s personality
Tailova A. G., Abdulatipov Sh. B., Abakarova B. G.
Separate aspects of the qualification of simple murder
Shcheglova E. V.
Problems of preventing delinquency among minors
Tran Thanh Thao
Protecting electronic data through the information technology crime provision in the Vietnam Criminal Code
Maksimova K. L., Lapteva V. D., Sokol D. D.
Murder by a mother of a newborn child: criminal-legal and criminological problems and criminological problems
Shepeta A. V.
Limits of proof in criminal cases
CRIMINAL PROCESS
Batyshcheva I. V.
Involvement of a minor in the commitment of a crime: criminal legal aspects
Kokoreva L. V., Morugina N. A., Nugaeva E. D.
Stages of formation of the institution of jurors in criminal proceedings: a brief historical aspect
Mirzaev Z. M., Mirzaeva Z. Z., Musaev K. B.
Expert errors of a criminal procedural nature
Novikova L. V., Suleymanov T. A.
The effectiveness of investigative actions and operational search measures for the formation of the evidence base in a criminal case
Lukyanchikova S. A.
Prospects for the development of certain types of forensic examinations
Ostapenko M. V.
Judge’s margin of appreciation through the prism of judicial independence
Chasovnikova O. G., Lantukh N. V., Lantukh E. V.
Some aspects of the formation and development of the investigative experiment
Shavkarova E. E.
The history of the formation and development of the institution of involvement as an accused in Russian criminal proceedings
Demicheva T. S.
Criminal procedural form of examination of information and telecommunication networks when verifying a crime report
CRIMINAL-EXECUTIVE LAW
Averkin S. D., Tishchenko Yu. Yu.
Some legal aspects of the regime of special conditions in correctional institutions
Vladimirova O. A.
Material and technical support for organizing educational and social work with convicts
Тregubova Е. A.
Questions on the implementation of control by the staff of the penal enforcement inspectorate over persons released from punishment on parole
CRIMINALISTICS
Vnukov V. I., Sigerich M. Ya.
Establishing the fact of mounting the signature on a copy of the document
Kolesnikova I. E.
Slander in the expertise of the text: linguistic and legal discourse
Nazarkin E. V., Novikova L. V.
Features of presentation tactics for identification during the investigation of illicit drug trafficking and psychotropic substances in penitentiary institutions of Russia
CRIMINOLOGY
Dolgushina L. V., Stupina S. A.
On the issue of the causes of crimes against the security of the Russian Federation committed by elderly people
Efimova M. P.
Fundamentals of countering family violence in Russia and some foreign countries
Unterov V. A.
Special criminological measures prevention of the commission of crimes against life and health by convicts in places of deprivation of liberty
LAW ENFORCEMENT AGENCIES
Aslanov M. A.
Improving domestic criminal legislation regarding liability for libel
Kashirgov A. Kh.
Culture of professional thinking of police officers in the process of professional development
Aslanov M. A.
Procedural violations committed by law enforcement employees and their assessment at the stage of judicial investigation in the process of identification
MEDICAL LAW
Prokhorko T. N.
Translmedical law and bioethics: interconnection and interdependence
STATE AND LAW
Mironova O. A.
Countering illegal migration is a strategic direction of state policy
SECURITY AND LAW
Bakhonina E. I., Nasibullina V. A., Gaybadullin F. F., Fedosova E. A.
Review of legislation regulating the procedure for issuing personal protective equipment
Fedosov A. V., Tazhetdinova A. A., Tazhetdinova A. A., Ganiev A. M.
Problems of labor protection legislation and ways to solve them
POLICY AND LAW
Allahverdieva F. Kh., Bocharnikov I. V.
Political mechanisms of interaction between NPOs and government bodies and civil society institutions
Matevosova E. K.
General trends in the development of domestic legislation in the field of land easements
PEDAGOGY AND LAW
Andryukhina I. Yu., Fedorov A. V.
Interactive teaching methods in the study of official law
Bui Thi Lu
Solutions to increase the efficiency of management of current online teaching activities in Vietnamese universities
Verkhozina O. A., Makarova T. Yu.
The role of a university teacher in creating conditions for education and upbringing, the realization of the right of students with disabilities and disabilities to affordable, high-quality education in higher education institutions
Javadyan Yu. R.
The concept of personality-developing education in the development of value-semantic orientations of cadets of the educational organization of the Ministry of Internal Affairs of Russia
Galimova A. G., Dzyuba A. S., Rudenko E. F.
Introduction of rugby into the process of physical education of students of educational organizations of the Ministry of Internal Affairs of Russia as a mass sport
Kugno E. E., Karimov A. A., Govorun A. Yu., Druzhinin A. V., Barkalov S. N.
The influence and role of gymnastic exercises on increasing the physical development and physical fitness of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia
Khromov A. M.
Training of police officers in self-defense in case of an attack by a criminal
SOCIOLOGY AND LAW
Sadykova Kh. N., Barbakov G. O.
Implementation of socio-cultural rights of residents provincial cities
LANGUAGE AND LAW
Makayeva G. Z., Makayev Kh. F., Cherkasova T. S.
Legal English in the process of foreign language training of university students
ECONOMY. LAW. SOCIETY
Ganin P. V.
Main methodological approaches to assessing the efficiency of digitalisation of enterprises
Gusmanov R. U., Gridneva O. V., Subkhangulov R. R.
Human capital as a condition for the formation of an innovative economy
Datsenko S. V., Rudneva Yu. R.
Risks features in the oil and gas enterprise’s procurement activities
Zaripov A. Ya.
Labor mobility of the population and ways to optimize it
Pleshivtseva A. A., Zashchitina E. K.
Issues of interpretation of the term “educational services” in Russian and world practice: economic and legal approach
Solovjeva I. A., Avdeyeva L. A., Ibatullina D. I.
Justification of selection of priority sections during planning overhaul of main gas pipelines
Ustinova O. V., Koltunova Yu. I.
Psychological aspects of advertising
Khakimov R. M., Nurutdinov A. A., Gilyazova A. I.
The growth of digital transformations of technical and technological systems and technosphere security
Tukayeva F. A.
Tax security: problems and solutions
Ji Hao
Financial risk management system at ICBC – industrial bank of China
Mirzoev R. F.
The economy of the Russian oil and gas complex in the context of sanctions pressure from Western countries
PHILOSOPHY. LAW. SOCIETY
Vorokhobov A. V., Ulanov M. V.
The problem of the method and development of a model for studying the history of philosophy
Gofman A. A.
Towards the issue of digitalization of personal data
Grogulenko N. V., Grogulenko A. I., Antyukhova E. M., Baygeldieva A. A.
Corporate culture as a tool for university development
Zaripov A. Ya., Psyanchin A. V., Migranova E. V.
Historical self-awareness and collective memory of society: the role and importance of museums for the younger generation
Nekrasov D. V., Vasiljeva M. S.
Humanitarian interventions in contemporary geopolitical processes
Pugin V. B.
Quality of life: social-philosophical analysis (on the example of the Russian Federation)
Runaev R. Yu.
Philosophical understanding of life meanings in Existentialism
Salikhov G. G.
Development of the culture of peoples from the Aral Sea to the Urals in the Middle Ages
Semenov I. A.
Caritative activity of the Catholic congregation «Brothers of Christian Schools»
Sobko R. V., Spirin V. K., Tretyakov I. S.
Christology and pneumatology of Matushka Photinia: toward the question of the religious identity of the cult of Frolova S.R.?
Filippova E. Yu.
Digitalization of society as a cultural phenomenon of social progress
Khomich N. V.
Mechanisms of formation of conventions in the collective consciousness
Kiosov A. A.
Vladik Nersesyants: dialogues with Socrates
Farkhutdinov L. I.
On consistency and truth of scientific theories regarding the criticism of Marx’s theory of value
M. A. Ermolina:
Environmental safety in the context of eurasian integration
Interview with Ermolina Marina Anatolyevna, Ph.D. in Law, associate professor of the World politics sub-faculty of the St. Petersburg state university.
EURASIAN INTEGRATION
Zhukov A. Z., Romanov A. A., Ogorodnikov M. A.
Features of legal regulation of information processes of member states of the Eurasian Economic Union
INTERNATIONAL LAW
Lancelot G. Wills
The treaty of Tordessilas 1494. The initial division of South America
Mishalchenko Yu. V., Sekste Ya. A., Mishalchenko M. Yu.
The artistic region in the international and national security system of the Russian Federation: international and public legal trends
Trunov I. L.
Private military companies as a political tool of armed conflicts
Mohammad Jamal Ali
International arbitration: its system and key features
INTERNATIONAL PRIVATE LAW
Wang Yanyan, Luo Lin, Taranova T. S.
Features of legal regulation of legisitation connected with the participation of the People’s Republic of China in WTO
INTEGRATION LAW
Nakryzhskaya V. A.
Impact of the European Union legal regulation in the sphere of industrial decarbonization on the environmental legislation of the Russian Federation in the context of foreign countermeasures and restrictions
LAW OF THE FOREIGN COUNTRIES
Biryukov P. N.
Confiscation of criminal assets located abroad (South Korean experience)
THEORY OF STATE AND LAW
Ananjeva E. O., Ivliev P. V.
On the issue of interaction between journalists and government authorities: legal aspects
Butenko A. K., Igoshin N. I.
Ensuring information security: features of legal regulation
Kurnosova V. V.
Legal mechanisms of interaction between legal and economic systems
Makhonin D. D., Scobileva I. V.
The role of Judicial Precedent as a quasi-source of law in the Romano-Germanic legal family, its influence on the positive law of the Russian Federation
Matantsev D. A.
To the problem of the correlation of actual and legal behavior
HISTORY OF STATE AND LAW
Aliev B. G., Magaramov S. A., Manatilova Z. Z.
Customary law in prevention and settlement of conflicts in Dagestan
Gnetova L. V., Gulyaeva T. B.
Features of legal protection of motherhood and childhood in Germany at the beginning of the XX century
Ignatjev N. O.
Formation of scientific knowledge about the historical types of the state by Soviet legal science
Sypchenko A. V.
Activity of the labor people’s socialist party in developing the legislative framework for elections to the constituent assembly
Urusov Z. Kh.
The formation of Russian statehood and law: ideological aspect
CONSTITUTIONAL LAW
Salmanov N. N.
Organizational interaction of the President of the Russian Federation and the executive branch in modern Russia: constitutional and legal aspect
Swayedi Ali Khalil Burhan
Problems of implementation of decisions of constitutional control bodies in Iraq and Russia: comparative legal research
ADMINISTRATIVE LAW
Antonov A. A., Shevko N. N.
About individual violations of law and order on board the aircraft
Aliev A. M., Alieva A. I.
Features of consideration of administrative cases by the Commission on juvenile affairs and protection of their rights
Vlasova E. L.
The main stages of consideration of an administrative offense case in court
Zhurov A. N., Gostev S. S., Ermakov E. G.
Police activity in regulating the turnover of alcoholic beverages and combating drunkenness in the Russian Empire in the first half of the XVIII century
Zyryanov I. V., Kravtsov S. S., Brovko N. V.
Some features of the legal status and operation of personal mobility equipment
Keramova S. N., Abdusamadov G. U.
Problems of public service reform in the Russian Federation
Mironova O. A., Yarmoshevich E. P.
Interaction of the police with civil society institutions in the prevention of illegal migration
Chelpanova M. M., Polikarpov D. I.
Some aspects of police activities in the field of protecting children from information that harms their health and development
Platitsyna L. A.
Improving the administrative and legal status of the Ombudsman for Children in Russia: theoretical and legal aspect
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Civil liability in case of transport accidents
Ivanova M. Yu., Dadayan E. V., Storozheva A. N.
On the issue of certain aspects of the development and support of small business (on the example of the Krasnoyarsk Territory)
Ismagulov R. R.
The formation of the doctrine of the piercing the corporate veil in Russia and in foreign countries
Mogilevskiy G. A., Tarasov D. Yu.
A digital passport of a citizen (individual) is the main document, with the use of information technologies, as a means of its individualization as a subject of civil circulation
Fayrushina M. Z., Golikova N. L.
Legal aspects and factors influencing the formation of a psychologically comfortable educational environment
Yakubov M. L.
Legal mechanism of using smart contracts in banking
Derevyanko O. V.
Division of property after the dissolution of marriage. Exception to the general rules
FAMILY LAW
Kudryavtseva L. V., Chernov Yu. I., Klevtsova M. P.
Marriage contract: theoretical and practical significance
LABOUR LAW
Dreval L. N., Brant A. A.
On the protection of citizens’ rights in the absence of an employment contract by the Prosecutor’s Office: some aspects
Zaytseva A. A., Matveev A. K., Tsyrendashieva V. T.
Gender policy in the labor law of the Asia-Pacific countries
ECOLOGICAL LAW
Karimbekov A. M.
Environmental rights and obligations and their place in the system of human and civil rights, freedoms and duties
LEGAL PROBLEMS OF ENVIRONMENTAL PROTECTION
Antonov A. A., N. N. Shevko N. N.
“Road Safety Strategy in the Russian Federation for 2018-2024” – program for action
CRIMINAL LAW
Avdeeva U. A., Maksimova K. L.
Topical issues of environmental crimes
Biyarslanova A. M., Magomedova R. M.
Features of official crimes as a type of corruption-related crimes
Isaicheva M. M.
Certain characteristics of an official as a subject of crimes in the field of state and municipal procurement
Karchaeva K. A.
About new challenges and threats related to the growth of cyberspace crime
Kovalishina K. V., Yevsikova E. V.
Some problems of countering offenses and crimes in the field of blogging (humanitarian aspect)
Lashchenko R. A., Tkhazeplov T. M., Mikhailov A. N.
Some areas of improving the legal regulation of arms trafficking
Libenzon E. L.
Issues of qualification of group smuggling in law enforcement practice under Art. 226¹ of the Criminal Code of the Russian Federation (based on the example of judicial practice of the Trans-Baikal Territory)
Marianov A. A., Idrisova A. D., Eskenderov A. G.
Problems of the spread of modern forms of violence among students in secondary schools
Magomedov H. B., Tailova A. G., Garanov M. Sh.
Deception as a way of committing a crime
Maximova K. L., Shevtsov D. S.
The system of privileged compositions of murders
Makhmudova M. A., Shikhshabekov S. Y., Marianov A. A.
Grounds for mitigation of criminal punishment: issues of theory and practice
Peyzak A. V.
Raising the problem caused by the repeal of the Order of the Ministry of Internal Affairs of Russia № 19 of 17 January 2006 «On the activity of the internal affairs agencies to prevent crime»
Stepenko A. V.
Implementation of criminal liability for mercenarism
Surovikina A. E.
Illegal circulation of medicines and medical devices: mutual influence of general signs of a crime and characteristics of the criminal’s personality
Tailova A. G., Abdulatipov Sh. B., Abakarova B. G.
Separate aspects of the qualification of simple murder
Shcheglova E. V.
Problems of preventing delinquency among minors
Tran Thanh Thao
Protecting electronic data through the information technology crime provision in the Vietnam Criminal Code
Maksimova K. L., Lapteva V. D., Sokol D. D.
Murder by a mother of a newborn child: criminal-legal and criminological problems and criminological problems
Shepeta A. V.
Limits of proof in criminal cases
CRIMINAL PROCESS
Batyshcheva I. V.
Involvement of a minor in the commitment of a crime: criminal legal aspects
Kokoreva L. V., Morugina N. A., Nugaeva E. D.
Stages of formation of the institution of jurors in criminal proceedings: a brief historical aspect
Mirzaev Z. M., Mirzaeva Z. Z., Musaev K. B.
Expert errors of a criminal procedural nature
Novikova L. V., Suleymanov T. A.
The effectiveness of investigative actions and operational search measures for the formation of the evidence base in a criminal case
Lukyanchikova S. A.
Prospects for the development of certain types of forensic examinations
Ostapenko M. V.
Judge’s margin of appreciation through the prism of judicial independence
Chasovnikova O. G., Lantukh N. V., Lantukh E. V.
Some aspects of the formation and development of the investigative experiment
Shavkarova E. E.
The history of the formation and development of the institution of involvement as an accused in Russian criminal proceedings
Demicheva T. S.
Criminal procedural form of examination of information and telecommunication networks when verifying a crime report
CRIMINAL-EXECUTIVE LAW
Averkin S. D., Tishchenko Yu. Yu.
Some legal aspects of the regime of special conditions in correctional institutions
Vladimirova O. A.
Material and technical support for organizing educational and social work with convicts
Тregubova Е. A.
Questions on the implementation of control by the staff of the penal enforcement inspectorate over persons released from punishment on parole
CRIMINALISTICS
Vnukov V. I., Sigerich M. Ya.
Establishing the fact of mounting the signature on a copy of the document
Kolesnikova I. E.
Slander in the expertise of the text: linguistic and legal discourse
Nazarkin E. V., Novikova L. V.
Features of presentation tactics for identification during the investigation of illicit drug trafficking and psychotropic substances in penitentiary institutions of Russia
CRIMINOLOGY
Dolgushina L. V., Stupina S. A.
On the issue of the causes of crimes against the security of the Russian Federation committed by elderly people
Efimova M. P.
Fundamentals of countering family violence in Russia and some foreign countries
Unterov V. A.
Special criminological measures prevention of the commission of crimes against life and health by convicts in places of deprivation of liberty
LAW ENFORCEMENT AGENCIES
Aslanov M. A.
Improving domestic criminal legislation regarding liability for libel
Kashirgov A. Kh.
Culture of professional thinking of police officers in the process of professional development
Aslanov M. A.
Procedural violations committed by law enforcement employees and their assessment at the stage of judicial investigation in the process of identification
MEDICAL LAW
Prokhorko T. N.
Translmedical law and bioethics: interconnection and interdependence
STATE AND LAW
Mironova O. A.
Countering illegal migration is a strategic direction of state policy
SECURITY AND LAW
Bakhonina E. I., Nasibullina V. A., Gaybadullin F. F., Fedosova E. A.
Review of legislation regulating the procedure for issuing personal protective equipment
Fedosov A. V., Tazhetdinova A. A., Tazhetdinova A. A., Ganiev A. M.
Problems of labor protection legislation and ways to solve them
POLICY AND LAW
Allahverdieva F. Kh., Bocharnikov I. V.
Political mechanisms of interaction between NPOs and government bodies and civil society institutions
Matevosova E. K.
General trends in the development of domestic legislation in the field of land easements
PEDAGOGY AND LAW
Andryukhina I. Yu., Fedorov A. V.
Interactive teaching methods in the study of official law
Bui Thi Lu
Solutions to increase the efficiency of management of current online teaching activities in Vietnamese universities
Verkhozina O. A., Makarova T. Yu.
The role of a university teacher in creating conditions for education and upbringing, the realization of the right of students with disabilities and disabilities to affordable, high-quality education in higher education institutions
Javadyan Yu. R.
The concept of personality-developing education in the development of value-semantic orientations of cadets of the educational organization of the Ministry of Internal Affairs of Russia
Galimova A. G., Dzyuba A. S., Rudenko E. F.
Introduction of rugby into the process of physical education of students of educational organizations of the Ministry of Internal Affairs of Russia as a mass sport
Kugno E. E., Karimov A. A., Govorun A. Yu., Druzhinin A. V., Barkalov S. N.
The influence and role of gymnastic exercises on increasing the physical development and physical fitness of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia
Khromov A. M.
Training of police officers in self-defense in case of an attack by a criminal
SOCIOLOGY AND LAW
Sadykova Kh. N., Barbakov G. O.
Implementation of socio-cultural rights of residents provincial cities
LANGUAGE AND LAW
Makayeva G. Z., Makayev Kh. F., Cherkasova T. S.
Legal English in the process of foreign language training of university students
ECONOMY. LAW. SOCIETY
Ganin P. V.
Main methodological approaches to assessing the efficiency of digitalisation of enterprises
Gusmanov R. U., Gridneva O. V., Subkhangulov R. R.
Human capital as a condition for the formation of an innovative economy
Datsenko S. V., Rudneva Yu. R.
Risks features in the oil and gas enterprise’s procurement activities
Zaripov A. Ya.
Labor mobility of the population and ways to optimize it
Pleshivtseva A. A., Zashchitina E. K.
Issues of interpretation of the term “educational services” in Russian and world practice: economic and legal approach
Solovjeva I. A., Avdeyeva L. A., Ibatullina D. I.
Justification of selection of priority sections during planning overhaul of main gas pipelines
Ustinova O. V., Koltunova Yu. I.
Psychological aspects of advertising
Khakimov R. M., Nurutdinov A. A., Gilyazova A. I.
The growth of digital transformations of technical and technological systems and technosphere security
Tukayeva F. A.
Tax security: problems and solutions
Ji Hao
Financial risk management system at ICBC – industrial bank of China
Mirzoev R. F.
The economy of the Russian oil and gas complex in the context of sanctions pressure from Western countries
PHILOSOPHY. LAW. SOCIETY
Vorokhobov A. V., Ulanov M. V.
The problem of the method and development of a model for studying the history of philosophy
Gofman A. A.
Towards the issue of digitalization of personal data
Grogulenko N. V., Grogulenko A. I., Antyukhova E. M., Baygeldieva A. A.
Corporate culture as a tool for university development
Zaripov A. Ya., Psyanchin A. V., Migranova E. V.
Historical self-awareness and collective memory of society: the role and importance of museums for the younger generation
Nekrasov D. V., Vasiljeva M. S.
Humanitarian interventions in contemporary geopolitical processes
Pugin V. B.
Quality of life: social-philosophical analysis (on the example of the Russian Federation)
Runaev R. Yu.
Philosophical understanding of life meanings in Existentialism
Salikhov G. G.
Development of the culture of peoples from the Aral Sea to the Urals in the Middle Ages
Semenov I. A.
Caritative activity of the Catholic congregation «Brothers of Christian Schools»
Sobko R. V., Spirin V. K., Tretyakov I. S.
Christology and pneumatology of Matushka Photinia: toward the question of the religious identity of the cult of Frolova S.R.?
Filippova E. Yu.
Digitalization of society as a cultural phenomenon of social progress
Khomich N. V.
Mechanisms of formation of conventions in the collective consciousness
Kiosov A. A.
Vladik Nersesyants: dialogues with Socrates
Farkhutdinov L. I.
On consistency and truth of scientific theories regarding the criticism of Marx’s theory of value
PERSONA GRATA
M. A. Ermolina:
Environmental safety in the context of eurasian integration
Interview with Ermolina Marina Anatolyevna, Ph.D. in Law, associate professor of the World politics sub-faculty of the St. Petersburg state university.
EURASIAN INTEGRATION
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences, senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar university of the MIA of Russia
ROMANOV Anton Alexandrovich
Ph.D. in Law, Head of Fire training and special tactical training sub-faculty of the ufa Law Institute of the MIA of Russia, colonel of police
OGORODNIKOV Maxim Anatoljevich
Ph.D. in biological sciences, associate professor of the Activities of the internal affairs bodies in special conditions sub-faculty of the Omsk Academy of the MIA of Russia, senior lieutenant of police
FEATURES OF LEGAL REGULATION OF INFORMATION PROCESSES OF MEMBER STATES OF THE EURASIAN ECONOMIC UNION
The article examines the features of the legal regulation of the digital environment formed within the framework of the Eurasian Economic union. The difficult geopolitical situation, problems in terms of economic and political interaction between the Russian Federation and Western, European countries contributed to a change in the vector of cooperation with other countries. This, in principle, contributed to the emergence in 2015 of a new interstate association of the Eurasian Economic union (EAEu) (Russian Federation, Armenia, Kazakhstan, Belarus, Kyrgyzstan). The functioning of the EAEu in the context of digitalization of the economy is impossible without creating its own effective digital environment. In connection with this, “strategic directions for the formation and development of the digital space of the Eurasian Economic union in the future until 2025” was developed. However, difficulties arise in terms of legal regulation, which largely suspended the processes of digital integration. Regulation of the digital environment through national regulations is not possible, since there are differences in terminology.
Keywords: Eurasian Economic union, confidential information, digital, information processes, state secrets, digital space.
Bibliographic list of articles
1. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest edition).
2. Law of the Republic of Belarus of November 10, 2008 No. 455-Z “On information, informatization and information protection.”
3. Law of the Republic of Kazakhstan dated November 24, 2015 No. 418-U “On informatization”.
4. Law of the Kyrgyz Republic dated July 19, 2017 No. 127 “On electronic governance”.
5. Decision of the Supreme Eurasian Economic Council dated October 11, 2017 No. 12 “On the Main Directions for Implementing the Digital Agenda of the Eurasian Economic Union until 2025.”
INTERNATIONAL LAW
LANCELOT G. Wills
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship university of Russia, Head of the Customs oil Department of the Guyana Tax Administration
THE TREATY OF TORDESSILAS 1494. THE INITIAL DIVISION OF SOUTH AMERICA
There have been innumerable treaties, which have come to impact and / or define territorial occupation and title to territory. The Treaty of Tordesillas 1494, like the Westphalia Peace Treaties of 1648 (Munster and Osnabruck), the latter of which two centuries later laid the cornerstone for the conceptualization of the sovereign state, mediation between nations and diplomacy; occupies a special place in history. Its impact is felt today not only in the western hemisphere, but around the globe as intended. The author aims to satisfy two primary objectives with the aid of this article: First, an elucidation of the legal treaty-based rationale why Latin America has only one Portuguese speaking country, and second: the primary principle of international law in its two iterations, which enabled successful claims to title of territory in Latin America. This is accomplished via reference to the impact other treaties had on the south American continent in the shaping of its destiny, and the central role the treaty of Tordesillas played in this regard.
Keywords: acquisition of territory, international treaties, Negotiations, Moluccas, the Treaty of Tordessilas.
The article bibliographic list
1. Peace Treaty of Alcáçovas (Portugal). [Electronic resource]. – Access mode: https://placesofpeace.eu/2020/09/04/peace-treaty-of-alcacovas-portugal-wassigned-
541-years-ago/.
2. Grant, John P., Barker, J. Craig (2009). Encyclopedic Dictionary of international law (3rd ed.). Oxford University Press, 691 p.
3. Grant, John P., Barker, J. Craig (2009). Encyclopedic Dictionary of international law (3rd ed.). Oxford University Press, 691 p.
4. Vignaud, Henry (1902). Toscannelli and Columbus. London: Sands & Co. pp. 61-62. Retrieved 14 July 2023.
5. Pope Alexander VI. Demarcation Bull Granting Spain Possession of Lands Discovered by Columbus Rome, May 4, 1493. Translation copied from. [Electronic
resource]. – Access mode: http://www.catholic-forum.com/saints/pope0214a.htm 2012 The Gilder Lehman Institute of American History. [Electronic resource]. –
Access mode: www.gilderlehrman.org.
6. Treaty of Tordesillas Colonial demarcation line between Spain & Portugal. [Electronic resource]. – Access mode: https://upload.wikimedia.org/wikipedia/
commons/2/21/Spain_and_Portugal.png.
7. Latin America in early 17th century Map of South America 1789. Late Colonial History.
8. Empire and Legal Thought. Ideas and Institutions from Antiquity to Modernity. Legal History Library, Studies in the History of International Law, Volume: 41/16. Brill, 2020.
9. Waisberg, T. The Treaty of Tordesillas and the (Re)Invention of International Law in the Age of Discovery (May 12, 2017). Journal of Global Studies, No. 47, 2017,
Available at SSRN. [Electronic resource]. – Access mode: https://ssrn.com/abstract=2967633.
10. The World’s Great Events: an indexed history of the world from the earliest times to the present day; Vol. V, P.F. Collins, New York, 1916.
11. Moses, Bernard (1919). Spain’s Declining Power in South America, 1730-1806 (2010 ed.). Cornell University Library.
12. Treaty of Paris, Virtual Library of the Inter-American Peace Initiatives, 2023.
13. Dauril Alden, Royal Government in Colonial Brazil (1968), pp.262-267, 474.
14. Lockhart, James, Bushnell, David and Kittleson, Roger A. “History of Latin America.” Encyclopedia Britannica
4 Oct. 2023. [Electronic resource]. – Access mode: https://www.britannica.com/place/Latin-America.
15. Map of Latin America in the 20th Century, showing Brazil in Yellow. [Electronic resource]. – Access mode: https://russiancouncil.ru/en/analytics-and-comments/analytics/map-of-latin-america-in-the-twenty-secondcentury/.
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economical sciences, professor of Constitutional and international law sub-faculty of the St. Petersburg Institute (branch) of the All-Russian state university of Justice (RLA of the Ministry of Justice of Russia)
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, Head of Humanitarian and social and economic disciplines sub-faculty of the St. Petersburg Institute (branch) All-Russian state university of Justice (RLA of the Ministry of Justice of Russia)
MISHALCHENKO Mariya Yurjevna
lecturer of Civil and commercial law sub-faculty of the St. Petersburg state Maritime Technical university
THE ARTISTIC REGION IN THE INTERNATIONAL AND NATIONAL SECURITY SYSTEM OF THE RUSSIAN FEDERATION: INTERNATIONAL AND PUBLIC LEGAL TRENDS
The Arctic region is of great strategic importance for both Arctic and non-Arctic countries. Historically and geographically, Russia is one of the key players in the Arctic. over the past decade, the Arctic territories have been the object of close attention of scientists around the world studying the huge potential of this region. Due to the difficult foreign policy situation, the economic, law and military-political rivalry of the Arctic and subarctic countries is becoming more and more acute.
Keywords: Arctic, Arctic security, subarctic countries, economy, military potential, national security strategy, international law.
Bibliographic list of articles
1. Analysis of statements by seven Western member states of the Arctic Council dated March 3 and June 8, 2022 on changing the format of their participation in the Arctic Council // Future of the Arctic Council: workbook No. 75, 2023; edited by E. O. Karpinskaya, N. S. Vyakhireva, M. S. Lazovich, S. M. Gavrilova. – M.: NP RIAC, 2023. – 24 p. – [Electronic resource]. – Access mode: russiancouncil.ru.
2. Gavrilov O. Yu. State and prospects for the development of the regional security system in the Arctic.
– (Geopolitics and security) // Military thought.
– 2019. – No. 6. – P. 34-49. – [Electronic resource]. – Access mode: sfu-kras.ru.
3. Zhuravel V.P. Arctic Council: main milestones of development (To the 25th anniversary of formation) // Arctic and North. – 2022. – No. 4. – P. 220-233. – [Electronic resource]. – Access mode: SciUp.org.
4. Zhuravel V.P. On the issue of Russia’s chairmanship in the Arctic Council // Scientific-analytical bulletin of the IE RAS (VAK). – 2021. – No. 3. – P. 62-68. – [Electronic resource]. – Access mode: instituteofeurope.ru.
5. Zhuravel V.P. On Russia’s chairmanship of the Arctic Council (2021 – 2023): program, risks and lessons for the EAEU // Greater Eurasia: development, security, cooperation. – 2022. – Issue. 5. – Part
1. – pp. 101-105.
6. Zaikov K. S., Kondratov N. A., Lipina S. A., Bocharova L. K. Organizational mechanisms for implementing Russia’s policy in the Arctic in the 21st century. // Arctic and North. – 2020. – No. 39. – P. 75-109. – DOI: 10.37482/ issn2221-2698.2020.39.75.
7. Krasnopolsky B. Kh. On the history of international socio-economic relations of the Arctic regions and the 30th anniversary of the “Arctic Forum”
// Historical and economic research. – 2020. – T. 21. – P. 7-28. – [Electronic resource]. – Access mode: cyberleninka.ru.
8. Forecasts for the future of the Arctic Council // Future of the Arctic Council: workbook No. 75, 2023; edited by E. O. Karpinskaya, N. S. Vyakhireva, M. S. Lazovich, S. M. Gavrilova. – M.: NP RIAC, 2023.
– 24 s. – [Electronic resource]. – Access mode: russiancouncil.ru.
9. Russia held 43 events within the framework of the Arctic Council in 2022 // TASS, December 23, 2022.
– [Electronic resource]. – Access mode: tass.ru.
10. Russia completed its chairmanship of the Arctic Council // Vedomosti, May 12, 2023 – [Electronic resource]. – Access mode: Рvedomosti.ru.
11. Decree of the President of the Russian Federation dated 03/05/2020 No. 164 (as amended on 02/21/2023) “On the Fundamentals of State Policy of the Russian Federation in the Arctic for the period until 2035.”
12. Decree of the President of the Russian Federation dated October 26, 2020 No. 645 (as amended on February 27, 2023) “On the Strategy for the development of the Arctic zone of the Russian Federation and ensuring national security for the period until 2035.”
13. National Strategy for the Arctic Region 2022 // The White House. – [Electronic resource]. – Access mode: https://www.whitehouse.gov/wp-content/uploads/2022/10/National-Strategy-for-the-Arctic-Region.pdf (access date: 07/11/2022).
14. Nordic countries plan joint air defense to counter Russian threat // Reuters. 03.24.2023. – [Electronic resource]. – Access mode: https://www.reuters.com/ world/europe/nordic-countries-plan-joint-air-defence-counter-russian-threat-2023-03-24/ (access date: 07/11/2023) .
INTERNATIONAL LAW
TRUNOV Igor Leonidovich
Ph.D. in economic sciences, Ph.D. in Law, professor, President of the union of Lawyers of Russia, Deputy Chairman of the International union of Lawyers
PRIVATE MILITARY COMPANIES AS A POLITICAL TOOL OF ARMED CONFLICTS
The article discusses the issues of legal regulation of the activities of private military companies.
The author examines the growth of the Private Military Companies (PMC) industry as an instrument of armed conflicts and war. The article provides an analysis of the concept of “mercenarism” contained in various regulatory legal acts, as well as the responsibility provided for by the legislation of the Russian Federation.
Examples of individual countries and international organizations have been given to create international legal norms regulating PMCs. The Montreux document is one of them.
The author also discusses the development and adoption of the “International Convention on Private security and Military Companies” in today’s multipolar world on the platform of the largest and rapidly growing interstate association BRICs.
According to the author, Russia, as a global international subject of the world community, should participate in the adoption and amendment of international legislation with the aim of civilized legal regulation of the activities of private military companies.
Keywords: private Military Companies, private security companies, an instrument of international policy, soldiers of fortune, the Montreux document, the International Code of Conduct for Private security service Providers, mercenary activities. international humanitarian law, conflicts of a non-international (internal) nature, crimes of an international nature, analysis of responsibility at the national level.
Bibliographic list of articles
1. Valetsky O.V. Private military companies, their creation and development – experience in Iraq, Afghanistan, Africa and other regions of the world // Art of War. – 2006. – January 1. – [Electronic resource]. – Access mode: http://artofwar.ru/w/waleckij_o_w/chvk.shtml (date of access: 04/09/2016).
2. Volevodz A. G. On international initiatives in the field of legal regulation of the activities of private military companies. – [Electronic resource]. – Access mode: SPS ConsultantPlus.
3. Sean McFate. Mercenaries and War: Understanding Private Armies Today. December 4, 2019 – [Electronic resource]. – Access mode: https://ndupress.ndu.edu/Media/News/Article/2031922/mercenaries-and-war-understanding-private-armies-today/.
INTERNATIONAL LAW
MOHAMMAD Jamal
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship university of Russia
INTERNATIONAL ARBITRATION: ITS SYSTEM AND KEY FEATURES
In this article, the author examines the definition of the concept of “international arbitration” and deduces the features that distinguish it from other international judicial institutions. The author of the article also analyzes the legal regime of international arbitration and the grounds for applying to it, the nature of disputes in respect of which arbitration is applied, the composition and terms of reference of arbitration courts and the procedure for conducting their proceedings, as well as the form of the verdict issued by its bodies and its legal force.
Keywords: international arbitration, international arbitrator, consent of the parties, arbitration court, arbitration clause, international judicial system.
Bibliographic list of articles
1. Abu Al-Wafa A. Arbitration in international and Egyptian law // Egyptian Journal of International Law. – 1994. – P. 29-105.
2. Al-Anani I. Recourse to International Arbitration. – Cairo: The House of Arab Thought, 1973. – 435 p.
3. Hossein Melhem A. The Role of Treaties in Protecting Foreign Private Investments in Developing Countries. – Alexandria: Alexandria University – Faculty of Arts – Economics, 1998. – 470 p.
4. Mohammed Qazi K. Egyptian Taba. – Cairo: Egyptian General Authority for Writers, 1997. – 286 p.
5. Oppenheim L. International Law: A Treatise. Vol. I: Peace. (8th edition), in H. Lauterpacht (ed.), – London, New York, Toronto: Longmans, Green, and Co., 1955. – 1072 p.
6. Rousseau Ch. Droit international public. – Paris: Dalloz, 1958. – 393 p.
7. Shearer I.A. Starke’s International Law. – Oxford: Butterworth Law, 1994. – 560 p.
8. Erpyleva N. Yu. International commercial arbitration: legal principles of functioning // International law. – 2013. – No. 1. – P. 1-74.
INTERNATIONAL PRIVATE LAW
WANG Yanyan
master’s degree of the Faculty of Law of the Belarusian state Economics university
LUO Lin
master’s degree of the Faculty of Law of the Belarusian state Economics university
TARANOVA Tatyana Sergeevna
Ph.D. in Law, professor, Director of Civil law sub-faculty of the Belarusian state Economics university
FEATURES OF LEGAL REGULATION OF LEGISITATION CONNECTED WITH THE PARTICIPATION OF THE PEOPLE’S REPUBLIC OF CHINA IN WTO
The accession of the People’s Republic of China (PRC) to the World Trade organization (WTo) in 2001 marked a significant milestone in China’s integration into the global economy. This essay explores the features of legal regulation concerning the legislation connected with China’s participation in the WTo. By analyzing the legal framework, this essay aims to shed light on the key aspects of China’s compliance with WTo rules, its domestic legislation, and the challenges it faces in harmonizing its laws with international trade norms.
Keywords: the People’s Republic of China, WTo, legal regulation of legisitation, global economy.
References
1. Chan, J. (2009). China’s participation in the World Trade Organization: Trade in goods, services, intellectual property rights and dispute settlement. Journal of World Trade, 43(3), 571-602.
2. Chen, A. (2016). China’s WTO Accession: Legal Framework and Economic Implications. The Chinese Journal of Comparative Law, 4 (2), 341-343.
3. Chien, C. (2012). The WTO and China’s legal system: The transformation of China’s economic legislation. American Journal of Comparative Law, 60(1), 193-228.
4. Gallagher, M., & Zarsky, L. (2007). The enabling environment for China’s WTO compliance: Legal reform at the subnational level. Journal of International Economic Law, 10(4), 777-804.
5. Guo, H. (2015). China’s accession to the WTO and its legal reform: From a developing country perspective. Journal of World Trade, 49(4), 621-642.
6. Hufbauer, G., & Wong, W. (2010). China’s experience under the WTO: Lessons for other developing countries. Peterson Institute for International Economics.
7. Khor, M. (2015). China’s WTO accession revisited: Lessons for developing countries’ trade policy reforms. Journal of Contemporary Asia, 45(1), 1-24.
8. Liang, Q., & Wei, Y. (2010). China’s WTO entry: Antidumping, safeguards, and dispute settlements. Review of International Economics, 18(5), 1013-1028.
9. McRae, D., & Wu, X. (2017). The World Trade Organization and China: A long march towards the rule of law?. Journal of International Economic Law, 20 (3), 473-500.
10. Pauwelyn, J. (2005). China and the WTO: Why Multilateralism Still Matters. The American Journal of International Law, 99 (1), 57-80.
11. Shen, J. (2019). China’s accession to the World Trade Organization: Legal reform, economic impact, and policy implications. Journal of Chinese Political Science, 24(1), 113-133.
12. Song, L., & Zhang, H. (2015). China’s WTO accession and judicial governance: A comparative perspective. Journal of Contemporary China, 24(94), 673-690.
13. Wang, Z. (2012). China’s WTO compliance under the dispute settlement mechanism. Journal of World Trade, 46(5), 1001-1024.
14. Wu, Y., & Yu, X. (2011). China’s implementation of WTO commitments: The case of intellectual property rights protection. Journal of Comparative Economics, 39(4), 534-552.
15. Zhan, J. (2016). China’s participation in the WTO dispute settlement system: A critical assessment. Journal of World Trade, 50 (4), 615-638.
INTEGRATION LAW
NAKRYZHSKAYA Valeriya Arkadjevna
postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
IMPACT OF THE EUROPEAN UNION LEGAL REGULATION IN THE SPHERE OF INDUSTRIAL DECARBONIZATION ON THE ENVIRONMENTAL LEGISLATION OF THE RUSSIAN FEDERATION IN THE CONTEXT OF FOREIGN COUNTERMEASURES AND RESTRICTIONS
The article examines the legal aspects of the European union (EU) initiatives in the field of industrial decarbonization, in particular the so-called “European Green Deal”, related to the general industrial policy of this integration union. In the author’s opinion, special attention should be paid to the cross-border carbon regulation that came into force, which should balance the requirements for European and foreign, including Russian producers. At the same time with the development of this mechanism in the EU there has been significant progress in the legal consolidation of the Russian Federation’s obligations to reduce carbon emissions, in this regard, the author considers some key strategic legal acts in this area. The author concludes that European initiatives have had a significant impact on Russian legal regulation, despite the imposed sectoral sanctions restrictions.
Keywords: EU industrial policy, industry decarbonization, ESG-regulation, carbon border adjustment mechanism, CBAM, industrial policy of the Russian Federation.
Bibliographic list of articles
1. Sokolov M. M. Russian strategies for introducing transboundary carbon regulation in the EU // Geoeconomics of Energy. – 2021. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strategii-rossii-po-vvedeniyu-transgranichnogo-uglerodnogo-regulirovaniya-v-es (date of access: 11/13/2023).
2. Biryukova N., Tadzhetdinova A. Legal regulation of decarbonization in the context of the EU energy transition // European security: events, assessments, forecasts. – 2022. – No. 64 (80). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/normativno-pravovoe-regulirovanie-dekarbonizatsii-v-kontekste-energeticheskogo-perehoda-es (date of access: 05.11.2023).
LAW OF FOREIGN COUNTRIES
BIRYUKOV Pavel Nikolaevich
Ph.D. in Law, professor, Head International and Eurasian law sub-faculty of the Voronezh State University
CONFISCATION OF CRIMINAL ASSETS LOCATED ABROAD (SOUTH KOREAN EXPERIENCE)
The article discusses the legislation of the Republic of Korea on the identification and return of foreign assets obtained by criminal means. The substantive legal norms on responsibility for concealing and transferring illegal income abroad are examined. International treaties on legal assistance in criminal matters and Korean legislation on laundering of criminally obtained assets
are analyzed in detail. Much attention is paid to the procedure for seizing and confiscating assets transferred abroad.
Keywords: Republic of Korea, anti-money laundering treaties, anti-money laundering legislation of the Republic of Kazakhstan, seizure and confiscation of assets, Ministry of Justice of the Republic of Korea, supreme Prosecutor’s office of the Republic of Korea, Financial Intelligence of the Republic of Korea.
Bibliographic list of articles
1. Biryukov P. N. Police of the Republic of Korea: general provisions // Eurasian Legal Journal. – 2015. – No. 11 (102). – pp. 357-362.
2. Golovanova N. A. Confiscation against corruption (foreign experience) // Journal of foreign legislation and comparative lawAvoscience. – 2015. –
No. 3. – pp. 496–503.
3. Rekhovskiy A. F., Voropaev G. S. A new jury model in the Republic of Korea // Journal of Advanced Research in Law and Economics. – 2016. – T. 7. – No. 8. – P. 2161-2166.
4. Tak-Kyun Hong and Myong-Hyon (Brandon) Ryu. Korean laws on recovery and confiscation of proceeds of crime. – [Electronic resource]. – Access mode:
https://www.lexology.com/library/detail.aspx?g=f701f49c-49fa-4efc-bb32-4676f6b5672b.
THEORY OF STATE AND LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training state and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training state and Municipal Employees of the Academy of the FPS of Russia
ON THE ISSUE OF INTERACTION BETWEEN JOURNALISTS AND GOVERNMENT AUTHORITIES: LEGAL ASPECTS
This article examines the features of interaction between government authorities and journalists in the information society. The problems arising during this interaction are analyzed. Effective methods and measures are proposed to improve this interaction. In particular, the creation of information platforms is being considered, which will be attended by both representatives of
government authorities and journalists from the media. It is this method, in our opinion, that is intended to provide reliable information to the general public.
Keywords: civil legislation, civil procedure, lawsuits, law enforcement agencies, government agencies, journalists, media, information platforms, press conferences, briefing.
Bibliographic list of articles
1. Ananyeva E. O., Ivliev P. V. On the issue of positive legal responsibility of the mass media // Eurasian Legal Journal. 2022. No. 9 (172).
pp. 157-159.
2. Shaikhutdinova L. S. Social responsibility of the media in modern conditions // Historical, philosophical, political and legal sciences, cultural studies and art history, questions of theory and practice. 2016. No. 12-3
(74). pp. 206-208.
3. Ananyeva E. O., Ivliev P. V. On the issue of social responsibility of the mass media // Eurasian Legal Journal. 2022. No. 9 (172). pp. 75-77.
THEORY OF STATE AND LAW
BUTENKO Anna Konstantinovna
Ph.D. in philosophical sciences, associate professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
IGOSHIN Nikita Ivanovich
district commissioner of the police of the department of district commissioners of the police and the juvenile affairs unit of the Department of the MIA of Russia in the Pervomaisky district
ENSURING INFORMATION SECURITY: FEATURES OF LEGAL REGULATION
The article is devoted to topical issues of legal regulation of public relations in the field of information security. The article discusses the main reasons that have determined the priority of ensuring information security at the present time. The existing regulatory and legal mechanisms for regulating public relations in the field of information security are considered. suggestions were made to improve the mechanisms considered.
Keywords: information security, personal data, information technology, confidentiality, accessibility, legal regulation, public services.
Bibliographic list of articles
1. Abukarova M. M., Sugaipov M. A. V. The concept of information security as a system of social relations and an object of legal protection // In the collection: Modern approaches to the transformation of concepts of state regulation and management in socio-economic systems. Collection of scientific papers of the 12th International Scientific and Practical Conference. – Kursk, 2023.
2. Diveikina V.V., Panfirova D.V. Aspects of administrative regulation of media activities at the present time // In the collection: Law and society in the context of globalization: development prospects. Collection of scientific papers based on the materials of the International Scientific and Practical Conference. Edited by V. V. Bekher, N. N. Laichenkova. – Saratov, 2021.
3. Loginova T. D. Ensuring the individual’s right to information security: theoretical and legal aspect: dissertation … candidate of legal sciences: 12.00.01. – Omsk, 2019. – P. 182.
THEORY OF STATE AND LAW
KURNOSOVA Valeriya Vitaljevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
LEGAL MECHANISMS OF INTERACTION BETWEEN LEGAL AND ECONOMIC SYSTEMS
The relevance of the article is due to the need to consider the legal mechanisms of interaction between legal and economic systems. The article gives the concept of a legal system as a set of interacting legal means and elements that define regulatory models. These elements traditionally include: the system of law and legislation, legal culture, legal policy, legal implementation practice. And the economic system as a set of economic processes and phenomena determined by the integrity and unity of functional purpose. The main elements of the economic system usually include: production forces, economic relations and the mechanism of management. Conclusions are formulated: 1. In the law enforcement practice of subjects of civil law relations, the interaction of legal and economic systems is clearly traced. 2. The interaction of the legal and economic system consists, first of all, in their functional communication. The legal and economic systems are united by their social purpose. They are different due to their instrumental role: the essence of the economic system is related to the allocation of resources, and rights are related to the management of social relations.
Keywords: legal system, interaction, economic system, legal regulation, mechanism, contract.
Bibliographic list of articles
1. Abdullaev K. A., Abduryakhimova E. B., Alborov S. V. and others. Current problems of the effectiveness of private law: monograph / Responsible. ed. A. N. Levushkin, E. Kh. Nadyseva. M.: Justitsinform, 2022. 464 pp.
2. Alekseev S.S. Mechanism of legal regulation in the socialist state. M., 1966. P. 50-57.
3. Karkhalev D. N. Mechanism of civil law regulation of security relations. M.: Infotropik Media, 2022. 892 pp.
4. Maltsev G.V. Social foundations of law. M.: Norma, 2007. 800 p.
5. Toynbee A. Civilization before the court of history. M., 1995. pp. 84-96.
6. Mansurov G. Z. On some problems of the evolution of Russian law: from semi-peripheral to sovereign status // Lawyer. 2023. No. 7. P. 2-8.
7. Toynbee A. Comprehension of history: Collection. M., 1991. P. 87.
8. Shastitko A. E., Pavlova N. S. Why does economic analysis of law matter? // Law. 2018. No. 3. P. 59.
THEORY OF STATE AND LAW
MAKHONIN Danila Dmitrievich
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, Vladivostok
SCOBILEVA Irina Vyacheslavovna
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, Vladivostok
THE ROLE OF JUDICIAL PRECEDENT AS A QUASI-SOURCE OF LAW IN THE ROMANO-GERMANIC LEGAL FAMILY, ITS INFLUENCE ON THE POSITIVE LAW OF THE RUSSIAN FEDERATION
The article raises the issue of the applicability of judicial precedent as a quasi-source of law in Russia. The work provides a history of emergence, experience in using judicial precedent in the Anglo-Saxon legal family, and describes it as a source of law. The possible problems that may arise if a judicial precedent is recognized as an official source of law in the Russian Federation are highlighted. The article contains arguments in support of the use of quasi-sources as a tool to combat the gap in current legislation. Acceptable limits of quasi-sources use are considered. An analysis of the current legislation is provided.
Keywords: judicial precedent, quasi-source of law, positive law.
Bibliographic list of articles
1. Marchenko M. N. Judicial precedent: diversity of concepts and variety of forms of manifestation // Journal of Russian Law. – 2006. – No. 6. – P. 96-107.
2. Marchenko M. N. Is judicial practice a source of law? // Journal of Russian Law. – 2000. – No. 12. – P. 14-15.
3. Polyakov S. B. Judicial precedent in Russia: a form of law or arbitrariness? // Lex russica. – 2015. – No. 3. – P. 28-41.
4. Tumanov D. A. Gaps in civil procedural law: abstract of the dissertation of a candidate of legal sciences: 12.00.15. – M., 2007. – P. 30.
5. Kozmenko E. N., Luneva E. N. Judicial precedent in Russia // Magistracy Bulletin. – 2015. – No. 2 (41). – Volume III. – pp. 19-20.
6. Fomushina E. P. The importance of judicial precedent in Russia // Bulletin of VolSU. – 2009. – Series 5. Issue 11. – P. 81-84.
7. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the all-Russian vote on 07/01/2020).
8. “Arbitration Procedural Code of the Russian Federation” dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023, as amended on June 22, 2023).
9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2020 No. 13 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the arbitration court of cassation.”
10. “Civil Procedure Code of the Russian Federation” dated November 14, 2002 No. 138-FZ (as amended on June 24, 2023, as amended on July 20, 2023).
11. “Code of Administrative Proceedings of the Russian Federation” dated 03/08/2015 No. 21-FZ (as amended on 07/24/2023).
THEORY OF STATE AND LAW
MATANTSEV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of State law disciplines sub-faculty of the Academy of Management of the MIA of Russia
TO THE PROBLEM OF THE CORRELATION OF ACTUAL AND LEGAL BEHAVIOR
The article deals with the theoretical problems of the correlation of actual and legal behavior, taking into account modern trends in the legal regulation of public relations. The author studies such properties of legal behavior as social significance, legal regulation and notes that in the conditions of intensification of legal regulation, concretization and detailing of legal prescriptions, the boundaries of legal behavior are blurred, the actual behavior that does not possess socio- legal qualities are legalized.
Keywords: legal behavior, actual behavior, legal regulation, legal totalitarianism.
Bibliographic list of articles
1. Bolyak I. A. Behavior in the public legal sphere: dis. Ph.D. legal Sci. – M., 2005. – 158 p.
2. Zaloilo M.V. Fragmentation as a modern trend in the development of legal space // Law: Journal of Higher School of Economics. – 2020. – No. 1. – P. 27-49.
3. Crombie D. The stupidest laws in the world. – M.: Gorodets, 2008. – 128 p.
4. Kudryavtsev V. N. Legal behavior: norm and pathology. – M.: Nauka, 1982. – 288 p.
5. Pyanov N. A. Legal behavior: concept and types // Siberian Legal Bulletin. – 2004. – No. 4. – P. 11-14.
6. Repyev A. G. Limits of casuistry in the law-making process: omissions in the regulation of social relations and the risks of legal discretion // Philosophy of Law. – 2021. – No. 3. – P. 41-46.
7. Theory of state and law. Textbook for law schools and faculties / ed. V. M. Korelsky and V. D. Perevalov. – M.: INFRA-M-NORMA, 1997. – 570 p.
8. Tolstik V. A. Legal totalitarianism: strategy of lawmaking or movement by inertia? // Legal technology. – 2015. – No. 9. – P. 759-763.
HISTORY OF STATE AND LAW
ALIEV Bagomed Gadaevich
Ph.D. in historical sciences, professor, chief researcher of the Dagestan Federal Research Center of the Russian Academy of Sciences
MAGARAMOV Sharafutdin Arifovich
Ph.D. in historical sciences, associate professor of Historical and legal disciplines sub-faculty of the North Caucasian Institute (branch) of the All-Russian State University of Justice, senior lecturer of History sub-faculty of the Dagestan State Pedagogical University
MANATILOVA Zoya Zengievna
Ph.D. in historical sciences, associate professor of General history sub-faculty of the Faculty of History of the Dagestan State Pedagogical University
CUSTOMARY LAW IN PREVENTION AND SETTLEMENT OF CONFLICTS IN DAGESTAN
The article is devoted to the study of the role of customary law in resolving conflict situations within the communities of Dagestan. Adat legal norms in pre-revolutionary Dagestan acted as the basic laws on the basis of which controversial issues were resolved. There were also institutions of reconciliation, which often prevented or averted conflicts.
Keywords: customary law, adat, Dagestan, offenses, conflict resolution.
Bibliographic list of articles
1. Aliev B. G. Kaba-Dargo in the 18th–19th centuries. (Essay on socio-political history). Makhachkala, 1972.
2. Adats of Dargin societies // Collection of information about the Caucasian highlanders. Vol. VII. Tiflis, 1973.
3. Adats of South Dagestan societies // Collection of information about the Caucasian highlanders. Vol. VIII. Tiflis, 1875.
4. Dalgat A. In the fire of revolution. Makhachkala, 1960.
5. From the history of the law of the peoples of Dagestan. Materials and documents / Comp. A. S. Omarov. Makhachkala, 1968.
6. Komarov A.V. Adats and legal proceedings on them (Materials for statistics of the Dagestan region) // Collection of information about the Caucasian highlanders. Vol. I. Tiflis, 1868.
7. Monuments of customary law of Dagestan of the 17th–19th centuries. Archival materials / Comp., pred. and note. Kh. M. Khashaeva. M., 1965.
8. Reader on the history of law and state DagestAna XVIII-XIX centuries. / Comp. Aitberov T. M. Part 1. Makhachkala, 1999.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation
FEATURES OF LEGAL PROTECTION OF MOTHERHOOD AND CHILDHOOD IN GERMANY AT THE BEGINNING OF THE XX CENTURY
The article discusses the features of measures taken in Germany in connection with the decrease in population and the decline in fertility at the beginning of the XX century. It is shown how, on the basis of the legislative acts in force at that time, the issue of child protection, protection and assistance to large families and single mothers was resolved. The authors analyze and compare the organization of maternity and infantile protection on this issue in various cities of Germany. In conclusion, the results are summarized, which allow us to make a categorical conclusion about the importance of the measures taken in Germany during the time period under study on the issue of maternity and childhood protection.
Keywords: motherhood, childhood, infancy, consultations, insurance of mothers.
Bibliographic list of articles
1. Bulletin of maternal and childhood protection, collection No. 1. – Kharkov: Publishing house. Sanprosveta, 1922. – P. 87.
2. Protecting children’s health in Europe and the USA at the beginning of the 20th century. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ohrana-zdorovya-detey-v-stranah-evropy-i-ssha-v-nachale-hh-veka?ysclid=lnlcw9rkqr231848983 (date of access: 10.10.2023 ).
HISTORY OF STATE AND LAW
IGNATJEV Nikita Olegovich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
FORMATION OF SCIENTIFIC KNOWLEDGE ABOUT THE HISTORICAL TYPES OF THE STATE BY SOVIET LEGAL SCIENCE
The article examines the contribution of Soviet legal science to the development of the historical typology of the state. The characteristic of the formation concept of the development of the state of K. Marx is given. Production methods (formations) are described and their characteristics are given. Special attention is paid to the discussion about the Asian method of production and the stages of its development. The author analyzes the works of Soviet scientists and draws a number of conclusions about the significance and great contribution of this period to the development of the historical typology of the state. Trends in the development of legal science in the Soviet period are noted.
Keywords: type, typology of the state, formational concept, theory of socio-economic formations of K. Marx, discussion about the Asian mode of production.
Bibliographic list of articles
1. Avilkina A. A. Typology of the state in legal science: from formational theory to civilizational diversity // Eurasian Union of Scientists. – 2020. – No. 3-5 (72). – pp. 33-37.
2. Kradin N.I. Modern problems of the theory of world history // Bulletin of NSU. Series: History, philology. – 2007. – No. 1.
3. Marx K., Engels F. Soch., vol. 19. – 420 pp.
4. Nureyev R. M., Orekhovsky P. A. Discussions about the Asian mode of production (political economy of socialism: cognitive dead end of the 1970s) // JER. – 2021. – No. 2. – P. 9-13.
5. Ostrovityanov K.V. Political economy // State publishing house of political literature. – M., 1954. – P. 5-8.
6. Reutov V. P. A. A. Ushakov on the typology of state and law // Bulletin of Perm University. Legal sciences. – 2009. – No. 2. – P. 48-57.
7. Rozhkova L.P. Principles and methods of typology of state and law: diss. …cand. legal Sci. Leningrad, 1980. – 197 p.
HISTORY OF STATE AND LAW
SYPCHENKO Alla Viktorovna
Ph.D. in historical sciences, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
ACTIVITY OF THE LABOR PEOPLE’S SOCIALIST PARTY IN DEVELOPING THE LEGISLATIVE FRAMEWORK FOR ELECTIONS TO THE CONSTITUENT ASSEMBLY
The article examines the activities of the Labor People’s socialist Party (TNSP, People’s socialists, Popular socialists) in developing the legislative framework for elections to the Constituent Assembly. The materials of the meetings of the special Meeting created under the Provisional Government to develop the draft Regulations on the elections to the Constituent Assembly are analyzed; documents on the activities of the Popular socialists in key positions in the coalition Provisional Government; party documents and materials. It is emphasized that, having proclaimed the demand for convening the Constituent Assembly in its program, the TNsP carried it through the years, constantly reminding society and the authorities that only the Constituent Assembly is competent to resolve the main issues of Russian society. It was revealed that in the special Meeting the People’s socialists made up 13%, forming the second majority after the Cadets. It is shown that their lawyers A. Zarudny, L. Bramson, E. Galperin, E. Pontovich, I. Yashunsky made a particularly significant contribution to the development of the legislative framework for elections to the Constituent Assembly.
The author summarizes the main provisions of the study and concludes that the people’s socialists, in the process of preparing the legislative framework for the elections to the Constituent Assembly, showed not only high activity, but also a high qualification level. This determined their authority in the special Meeting and their significant role in the preparation of legislation for elections to the Constituent Assembly. The ideas and proposals of the Popular socialists found support from other members of the special Meeting and formed the basis for this legislation. It is emphasized that, at the same time, the People’s socialists consistently defended their positions on all issues, and if they could not get a majority of votes on any of these issues, then they expressed their “dissenting opinion”.
Keywords: Popular socialists, Labor People’s socialist Party, TNsP, Constituent Assembly, special Meeting, Regulations on elections to the Constituent Assembly, All-Russian Commission on Elections to the Constituent Assembly.
Bibliographic list of articles
1. Program of the Labor (People’s Socialist) Party // People’s Socialist Review. – 1906. – No. 1.
2. State Archives of the Russian Federation (hereinafter referred to as the RF GA). – F. 1810. – Op. 1. – D. 10. – L. 264.
3. Sypchenko A.V. Legal doctrine of the Labor People’s Socialist Party // Eurasian Legal Journal. – 2022. – No. 4 (167). – 291-292.
4. Proclamation of the Petrograd City Committee of the People’s Socialist Party // State Social and Political Library (hereinafter referred to as GOPB). ORC. Collection of leaflets, appeals and proclamations of the Labor (N.-S.) Party.
5. Sypchenko A.V. Labor People’s Socialist Party: theory and practice. – Samara: SSPU Publishing House, 2004. – 516 pp.
6. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). Abstract of thesis. … Doctor of Historical Sciences. – Samara, 2006. – 48 p.
7. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). dis. … Doctor of Historical Sciences. – Samara, 2006. – 591 pp.
8. Sypchenko A.V. People’s socialists in key positions of the coalition Provisional Government // Eurasian Legal Journal.
– 2023. – No. 2 (177). – pp. 101-103.
9. Russian State Historical Archive (hereinafter referred to as RGIA). – F.857. – Op. 1. – D. 1594. – L. 2-11.
10. RGIA. – F. 857. – Op. 1. – D. 1594. – L. 2, 11.
11. RGIA. – F.857. – Op. 1. – D. 1594. – L. 4.
12. RGIA. – F. 857. – Op. 1. – D. 1594. – L. 1.
13. RGIA. – F.857. – Op.1. – D. 1578. – L. 28.
14. RGIA. – F. 857. – Op. 1. – D.1605. – L. 2.
15. RGIA. – F. 857. – Op. 1. – D. 1605. – L. 1.
HISTORY OF STATE AND LAW
URUSOV Zamir Khasanovich
senior lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE FORMATION OF RUSSIAN STATEHOOD AND LAW: IDEOLOGICAL ASPECT
A large number of political events, economic, cultural, social and other reasons and changes form the basis of statehood and law in Russia. The development of the Russian state was influenced by other cultures and the rules of law of foreign countries. Some of the norms were borrowed. Nevertheless, the state-legal culture was able to become original, to be formed not as a carbon copy, but to acquire features that differ from similar foreign structures. Some of them, on the contrary, were well suited for Russia and have survived to the present day. At the same time, it is quite difficult toidentify the basic concept of the ancient state, its ideas and values, since there is also practically no mention of this in historical documents. There are many conflicting opinions in the scientific community, so it is difficult to establish the truth regarding certain events that influenced the formation of statehood. However, the conclusion that the formation of state institutions took place under the influence of external factors and intellectual justifications of that time is undeniable.
Keywords: statehood, law, legal norms, state-legal culture, intellectual justification, state institutions.
Bibliographic list of articles
1. Bredikhin A.L. Ideological foundations of the formation of Russian statehood and law // Law: retrospective and perspective. – 2021. – No. 1 (5). – pp. 13-18.
2. Zhulanov A.V., Samarsky A.N. Modern development of law and state of Russia: problems and prospects // In the collection: Current problems of private and public law. Collection of scientific papers of the All-Russian Scientific and Practical Conference. – 2020. – pp. 166-168.
3. Kotlyarevsky V. Legal prerequisites of Russian basic laws. – St. Petersburg, 1912. – 223 pp.
4. Kuzmin A.G. The beginning of Rus’: Secrets of the birth of the Russian people. – M.: Veche, 2003.
5. Levgeeva T. B. Historical aspects of the development of the legal system of Russia // New legal bulletin. – 2019. – No. 7 (14). – P. 1-4.
6. Perevezentsev S.V. On the history of Russian statehood // Bulletin of Moscow University. Series 12. Political sciences. – 2012. – No. 6. – P. 15-26.
7. Solovyov S. M. Readings and stories on the history of Russia. – M.: Pravda, 1989. – 768 p.
CONSTITUTIONAL LAW
SALMANOV Nizam Nazirmagomedovich
magister student of Constitutional and international law sub-faculty of the Dagestan State University
ORGANIZATIONAL INTERACTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION AND THE EXECUTIVE BRANCH IN MODERN RUSSIA: CONSTITUTIONAL AND LEGAL ASPECT
The article is devoted to the study of interaction between the head of state and the executive branch. At the present stage of state construction, it plays an important role in the functioning of our state, since the President of the Russian Federation is most connected with the executive branch. This article is devoted to the study of the institution of the President of the Russian Federation as the basis of the executive power system in our country: the powers and functions of both the President and the Government of Russia.
Keywords: President, Constitution, Government, executive power, interaction, legal regime, charter, law.
Bibliographic list of articles
1. Nudnenko L. A. Constitutional law of Russia: a textbook for academic undergraduates. – Moscow: Yurayt Publishing House, 2019. – P. 366.
2. Karasev A. T., Morozova A. S. Head of state in the system of separation of powers: some issues of characteristics of powers // Constitutional and municipal law. – 2013. – P. 85.
CONSTITUTIONAL LAW
SWAYEDI Ali Khalil Burhan
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
PROBLEMS OF IMPLEMENTATION OF DECISIONS OF CONSTITUTIONAL CONTROL BODIES IN IRAQ AND RUSSIA: COMPARATIVE LEGAL RESEARCH
The Russian Federation and the Republic of Iraq have made a significant way towards the democratization of the political system and the formation of civil society. The most important step on this path in both cases was the adoption of a new Constitution, which found legal principles that fully comply with international democratic standards and at the same time take into account national cultural traditions.
Within the framework of this study, a comparison of the existing legal concepts of constitutional control is carried out, the concept of constitutional control is analyzed, the problems arising in the implementation of decisions of the judicial bodies of constitutional control of the Russian Federation and the Republic of Iraq are highlighted.
Keywords: decisions of the constitutional control bodies, the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation, the Constitution of the Republic of Iraq, the Federal Supreme Court of the Republic of Iraq.
Bibliographic list of articles
1. Berdnikova E.V., Rabia A.I. Current problems of the formation and development of constitutional control bodies in the Republic of Iraq // Legal culture. – 2013. – No. 2 (15). – P. 83.
2. Zorkin V. D. The Constitution of the Russian Federation is the legal basis for the integration of Russian society // Journal of Constitutionof this justice. – 2018. – No. 6 (66). – P. 3.
3. Lazarev L. V. Legal positions of the Constitutional Court of Russia. – M.: Formula of Law, 2018. – P. 45.
4. Khabrieva T. Ya. Constitutional reform 2020 and novelization of legal knowledge. [Electronic resource]. – Access mode: https://izak.ru/img_content/ events/ konstitucionnaya-reforma-2020.pdf.
5. Hussein N. Kh., Toghramchi V. T. The Supreme Federal Court of the Republic of Iraq as a body of constitutional control // Eurasian Legal Journal. – 2020. – No. 3. – P. 62.
6. Faleh Abdul-Jabbar. Demands for a permanent constitution // Dead end of the Constitution – criticism and analysis. Institute for Strategic Studies. 1st ed. Baghdad, 2006. – P. 92.
ADMINISTRATIVE LAW
ANTONOV Alexander Alexeevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Khabarovsk
SHEVKO Nikolay Nikolaevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Khabarovsk
ABOUT INDIVIDUAL VIOLATIONS OF LAW AND ORDER ON BOARD THE AIRCRAFT
The article deals with the issue of ensuring the safety of passengers on board an aircraft, the distribution of responsibilities and tasks to organizations responsible for transport security, the specifics of decision-making by crew members when the aircraft is in flight in cases of passengers committing the rules of stay and behavior on board an aircraft, offers options for changing administrative legislation specifically to the violator of law and order during air travel, about the possibility of introducing a new rule of criminal law for violations of order in flight, restrictions on the right of passengers to have alcoholic beverages on board the ship.
Keywords: transport security, aviation security, aircraft, law and order, petty hooliganism, smoking on an airplane, administrative responsibility, suppression of an offense.
Bibliographic list of articles
1. Criminal Code of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ (as amended on September 24, 2022). Access from the reference legal system “ConsultantPlus”.
2. Code of the Russian Federation on Administrative Offenses: Federal Law of December 30, 2001 No. 195-FZ (as amended on October 20, 2022). Access from the reference legal system “ConsultantPlus”.
3. “On approval of the Rules for the actions of members of the aircraft crew and employees of the aviation security service of the operator (aviation enterprise) when suppressing illegal actions on board the aircraft of persons who, by their actions, create an immediate threat to the safety of the flight of the aircraft or a threat to the life or health of other persons and refuse obey the orders of the aircraft commander, the list of special restraints that are placed on board the aircraft, and the Rules for the use of special restraints that are placed on board the aircraft”: Decree of the Government of the Russian Federation of May 28, 2022 No. 978., Access from reference. -legal system “ConsultantPlus”.
4. On the issue of hooliganism: Syzganova A. S., Borisenko S. A., Farafontova E. L., Current problems of aviation and astronautics, Siberian State Aerospace University named after Academician M. F. Reshetnev. – Krasnoyarsk, 2013.
ADMINISTRATIVE LAW
ALIEV Abdulmalik Magomedovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Khasavyurt
ALIEVA Asiyat Islamudinovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
FEATURES OF CONSIDERATION OF ADMINISTRATIVE CASES BY THE COMMISSION ON JUVENILE AFFAIRS AND PROTECTION OF THEIR RIGHTS
Commissions for youth affairs and the protection of their rights occupy a special place among the subjects of the system for the prevention of neglect and juvenile delinquency. The article is devoted to the analysis of the modern legal regulation of the activities of commissions for youth affairs and the protection of their rights as a body of the system for the prevention of neglect and juvenile delinquency in Russia; the analysis of the main directions of such activities and the features of the functioning of commissions in modern conditions.
Keywords:commission, protection, prevention, neglect, minors, legal status, local government, offense.
Bibliographic list of articles
1. Bezhentsev A. A. Administrative and legal regulation of the activities of commissions on affairs of minors and childrenprotect their rights // Modern science. – 2010. – No. 2. – P. 11-15.
2. Law of the Republic of Dagestan dated December 24, 2007 No. 69 “On vesting local government bodies of municipal districts, city districts and intra-city districts of the Republic of Dagestan with state powers of the Republic of Dagestan to create and organize the activities of Commissions for minors and protection of their rights” (as amended and additional, entered into force on 01/01/2021) // Collection of legislation of the Republic of Dagestan. – December 29, 2007. – No. 20. – Art. 952.
3. Taibova O. Yu. Legal status of the commission for minors and protection of their rights: problems and development prospects // Lex russica. – 2015. – No. 1. – P. 59-66.
ADMINISTRATIVE LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
THE MAIN STAGES OF CONSIDERATION OF AN ADMINISTRATIVE OFFENSE CASE IN COURT
To date, 23 different codes of laws have been legislatively adopted and put into effect in the Russian Federation. Among them is one concerning the topic of our research. This is the Code of Administrative Offenses or the Administrative Code for short. The Administrative Code of the Russian Federation contains a set of norms and rules governing many aspects of life, the enumeration of which will take up too much space and highlight which we will try to continue this study. One of the most important features of this code is the federal and regional character of the code. Thus, the Code defines federal and regional offenses. In the article, the author briefly examines the history of the development of the legal system, and, in particular, the administrative code; highlights the main stages of consideration of an administrative offense case: preliminary examination, consideration on the merits, sentence and appeal instance.
Keywords: sentence, offense, instance, code, appeal, principle of punishability.
ADMINISTRATIVE LAW
ZHUROV Andrey Nikolaevich
Ph.D. in historical sciences, associate professor, associate professor of History of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
GOSTEV Sergey Sergeevich
Ph.D. in Law, associate professor of History of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ERMAKOV Evgeniy Gennadjevich
Ph.D. in Law, associate professor of History of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
POLICE ACTIVITY IN REGULATING THE TURNOVER OF ALCOHOLIC BEVERAGES AND COMBATING DRUNKENNESS IN THE RUSSIAN EMPIRE IN THE FIRST HALF OF THE XVIII CENTURY
The article is devoted to the legal regulation of police activities to control the production and trade of alcoholic beverages and the fight against drunkenness in the Russian Empire in the first half of the 18th century. It analyzes the regulatory legal acts that define the tasks of police authorities in the area under study. Particular attention in the article is paid to the activities of the Russian police in identifying and suppressing the illegal production and sale of alcoholic beverages, which are classified by domestic legislation as “mooring”.
Keywords: police, Police Chief’s Office, Chief of Police General, wine monopoly, tax farming, trade rules, groveling.
Bibliographic list of articles
1. Mikheeva I.V., Pronina N.V., Loginova A.S. Wine monopoly in Russia in the 17th-19th centuries: fiscal and (or) social interests // Bulletin of Tomsk State University. – 2022. – No. 482.
2. Complete collection of laws of the Russian Empire since 1649: [Collection 1]. (hereinafter referred to as PSZ RI). T. I. – St. Petersburg, 1830. – No. 72.
3. PSZ RI. T. II. – St. Petersburg, 1830. – No. 882.
4. PSZ RI. T. IV. – St. Petersburg, 1830. – No. 2059.
5. Great encyclopedia. Ed. S. N. Yuzhakova. Fourteenth volume. Printed from a stereotype. Publication in St. Petersburg. – St. Petersburg: Typolithography of the Book Publishing Partnership “Enlightenment”, 1896.
6. PSZ RI. T. V. – St. Petersburg, 1830. – No. 3703.
7. PSZ RI. T. V. – St. Petersburg, 1830. – No. 3299.
8. PSZ RI. T. X. – St. Petersburg, 1830. – No. 7233.
9. PSZ RI. T. IX. – St. Petersburg, 1830. – No. 6566.
10. PSZ RI. T. XI. – St. Petersburg, 1830. – No. 8674.
11. PSZ RI. T. V. – St. Petersburg, 1830. – No. 3212.
12. PSZ RI. T. XI. – St. Petersburg, 1830. – No. 8260.
13. PSZ RI. T. IX. – St. Petersburg, 1830. – No. 8260.
14. PSZ RI. T. X. – St. Petersburg, 1830. – No. 7508.
15. PSZ RI. T. VIII. – St. Petersburg, 1830. – No. 5258.
16. PSZ RI. T. X. – St. Petersburg, 1830. – No. 7477.
17. Frolov V.V., Varlacheva A.V. Formation and development of the legal and organizational foundations of police activities to combat drunkenness in St. Petersburg in the period of the 18th–19th centuries. // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2013. – No. 1 (57).
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KRAVTSOV Sergey Sergeevich
Ph.D. in economical sciences, senior lecturer of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russian Federation
BROVKO Nikolay Vladimirovich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
SOME FEATURES OF THE LEGAL STATUS AND OPERATION OF PERSONAL MOBILITY EQUIPMENT
This article discusses the main aspects of the legal status and operation of means of individual mobility. In our country, the problem of the legal status and operation of personal mobility equipment was voted only in 2017 by representatives of the State Traffic Inspectorate. Until that time, unfortunately, practically no one had dealt with this issue at the state level. Since that moment, this topic has constantly become the subject of various controversial disputes, which, unfortunately, have not developed into a legal field, and, consequently, this problem has not been resolved. The means of individual mobility that are currently moving along the roads and sidewalks of our country, for the most part, due to design features and various flaws, do not pass any certification and are not subject to standardization, thereby representing a means of increased danger for both persons.
Keywords: vehicle, autoped, sidewalk, public road, police officers.
Bibliographic list of articles
1. Who is bothered by gadgets? [Electronic resource]. – Access mode: https://rosavtodor.gov.ru/storage/app/media/uploaded-files/DR_03_2020_web.pdf
2. Project of the Ministry of Transport. [Electronic resource]. – Access mode: https://www.garant.ru/article/1445115/
3. Changes and additions to traffic rules. [Electronic resource]. – Access mode: www.regulation.gov.ru
4. Thematic round table. [Electronic resource]. – Access mode: https://dorinfo.ru/star_detail.php
5. [Electronic resource]. – Access mode: www.regulation.gov.ru (date of access: 05.20.2023).
6. [Electronic resource]. – Access mode: https://dorinfo.ru/star_detail.php?ELEMENT_ID=81487 (date of access: 05.20.2023).
7. [Electronic resource]. – Access mode: https://rosavtodor.gov.ru/storage/app/media/uploaded-files/DR_03_2020_web.pdf (date of access: 05.20.2023).
8. [Electronic resource]. – Access mode: http://static.government.ru/media/files/g6BXGgDI4fCEiD4xDdJUwlxudPATBC12.pdf (access date: 06/10/2023).
9. [Electronic resource]. – Access mode: https://checko.ru/company/mod-soyuz-peshekhodov-1117799015014 (access date: 06/10/2023).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University
ABDUSAMADOV Gamid Usmikhanovich
magister student of the 2nd course of Administrative, financial customs law sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMS OF PUBLIC SERVICE REFORM IN THE RUSSIAN FEDERATION
In recent years, the Russian Federation has been actively reforming and developing the institution of public service, due to the fact that this activity is one of the priority areas for establishing and strengthening the rule of law. A clear apparatus of public service contributes to strengthening the authority of the State, acts for the benefit of society and in the interests of protecting the rights of every person. The purpose of the reforms, of course, is to solve existing problems (ensuring the effective functioning of the executive power system, preventing and suppressing corruption, etc.). The article examines the institute of public service at the present stage of the Russian state. The legal basis of its regulation, the order of its passage are studied, the main problematic aspects in the implementation of this institute are identified, as well as options for reforming and improving the institute of public service are proposed.
Keywords: civil service, civil servant, legal regulation, reform, legal act.
Bibliographic list of articles
1. Voronina I. A. On the problems of implementing administrative reform in Russia // Bulletin of the Orenburg State University. – 2011. – No. 3. – P. 24-30.
2. Grishkovets A. A. Legal regulation of public service // Journal of Russian Law. – 1998. – No. 7. – P. 17-18.
3. Dubik S. N. Continuity of the process of reforming the public service // Public Service. – 2009. – No. 2. – P. 5-7.
ADMINISTRATIVE LAW
MIRONOVA Oksana Alexandrovna
Head of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
YARMOSHEVICH Ekaterina Petrovna
student of the Crimean branch of the Krasnodar University of the MIA of Russia
INTERACTION OF THE POLICE WITH CIVIL SOCIETY INSTITUTIONS IN THE PREVENTION OF ILLEGAL MIGRATION
The article discusses and raises the issue of involving individual civil society institutions in solving the most important task of our time – the prevention of illegal migration. As a mechanism for solving this problem, it is proposed to develop cooperation with national-cultural autonomies, religious organizations and volunteer organizations. The author focuses on the fact that the cooperation of these institutions and the police will give a positive result in ensuring public safety.
Keywords: police, partnership, civil society, religious organizations, volunteer organizations, national and cultural autonomies, illegal migration
Bibliographic list of articles
1. Bugaychuk K. L. International experience of interaction between the police and the public // Public administration and society. – 2022. – No. 11. – P. 48
2. VTsIOM: the majority of Russians trust police officers. – [Electronic resource]. – Access mode: https://tass.ru/
3. Tsapenko I. From immigration control to management of migration processes // World Economy and International Relations. – 2021. – No. 10. – P. 23
4. Borodich A.I. Interaction of internal affairs bodies with border service bodies in countering the organization of illegal migration // 105 years of the police of Belarus: materials of the rep. scientific-practical conf. (Minsk, March 2, 2022) / Academician. M-va ext. Affairs Rep. Belarus; [editor: M. A. Pashkeev and others]. – Minsk, 2022. – P. 20
5. Information portal of the Ministry of Justice of the Russian Federation. Information about national-cultural autonomies. [Electronic resource]. – Access mode: http://unro.minjust.ru/NKAs.aspx (access date 07.16.2023)
ADMINISTRATIVE LAW
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
POLIKARPOV Denis Igorevich
senior lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
SOME ASPECTS OF POLICE ACTIVITIES IN THE FIELD OF PROTECTING CHILDREN FROM INFORMATION THAT HARMS THEIR HEALTH AND DEVELOPMENT
Protecting children from harmful information and ensuring their information security are urgent issues for the State. Due to the wide access to the Internet and other means of communication, children become vulnerable and exposed to negative information that can harm their health and development. To solve this problem, the State should regulate the activities of internal affairs bodies in order to protect children from destructive information and prevent harm to them.
Keywords: minors, juvenile delinquency, information security, protection, internal affairs bodies, the Ministry of Internal Affairs of Russia, the Internet, media content, destructive information, destructive informational and psychological impact.
Bibliographic list of articles
1. 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” // SZ RF. – 2017. – No. 20. – Art. 2901.
2. The concept of countering terrorism in the Russian Federation (approved by the President of the Russian Federation on October 5, 2009) // IPP “Garant.ru”. – [Electronic resource]. – Access mode: https://base.garant.ru/12170277/.
3. Arkhireiskaya T. Yu. Legal protection of children from information harmful to their health and development // Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. – 2018. – No. 35. – P. 5-9.
4. Bogomaz O. V. Ensuring information security of children and youth: legal, pedagogicale and psychological aspects // Law. Safety. Emergencies. – 2021. – No. 3 (52). – P. 35-41.
5. Botsoeva A.V., Guchetl S.K., Lazarenko L.A. On the destructive influence of the Internet on minors: the context of prevention // Problems of modern pedagogical education. – 2021. – No. 71-1. – pp. 275-278.
6. Zanina T. M., Lukina E. I. Main directions of activities of units for juvenile affairs of the internal affairs bodies of the Russian Federation in the field of information security of minors // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – P. 215-218.
ADMINISTRATIVE LAW
PLATITSYNA Lyubov Andreevna
student of the specialization in “Judicial and Prosecutorial Activities” of the Institute of the Prosecution of the O. E. Kutafin Moscow State Law University (MSAL)
IMPROVING THE ADMINISTRATIVE AND LEGAL STATUS OF THE OMBUDSMAN FOR CHILDREN IN RUSSIA: THEORETICAL AND LEGAL ASPECT
The article examines the issues of improving the administrative and legal status of the Ombudsman for Children. It concludes that the Federal Ombudsman, in the process of implementing his administrative and legal status, can’t influence the activities of state bodies, which complicates his ability to provide timely assistance to a child in need.
Keywords: ombudsman, Ombudsman for Children, UN Convention on the Rights of the Child, child protection, administrative and legal status.
Bibliographic list of articles
1. Shamrin M. Yu. Protection of children’s rights: administrative and legal aspect // Eurasian Legal Journal. – 2013. – No. 3 (58). – pp. 137-143.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the 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
CIVIL LIABILITY IN CASE OF TRANSPORT ACCIDENTS
The paper deals with issues related to the possibility of legislative regulation of issues related to compensation for damage caused by aggressive driving. In addition, the paper describes the legislative framework for the establishment of signs of aggressive driving, the consolidation of legal definition and establishment of criteria for civil, administrative and criminal liability in the norms of law. The authors make a comparative analysis of the norms of the legislation of individual countries on the control of such behavior of drivers of motor vehicles, the gradation of the causes of such behavior and the characteristics of measures applied to offenders.
Keywords: civil legislation, civil liability, administrative liability, compensation for damage, transport, traffic, control of execution.
Bibliographic list of articles
1. Fine for aggressive driving in Russia and other countries. – [Electronic resource]. – Access mode: https://avtoinstruktor199.ru/news/shtraf-za-agressivnoe-vozhdenie-v-rossii-i-drugix-stranax/ (accessed September 18, 2023).
2. Ananyev O. G., Ananyeva Zh. N. Criminological characteristics of factors contributing to the commission of crimes in transport // Eurasian Legal Journal. 2023. No. 1 (176). pp. 307-309.
3. Particularly dangerous. How reckless drivers are punished in different countries | Security | Auto | Arguments and Facts. [Electronic resource]. – Access mode: https://aif.ru/auto/safety/osobo_opasen_kak_nakazyvayut_lihachey_v_raznyh_stranah (accessed September 20, 2023).
CIVIL LAW
IVANOVA Mariya Yurjevna
consultant on taxes and fees of the limited liability company “GOLDEN”
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF CERTAIN ASPECTS OF THE DEVELOPMENT AND SUPPORT OF SMALL BUSINESS (ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY)
The issues of development and support of small business are quite relevant not only at the level of the state as a whole, but also at the level of the subjects of the Russian Federation. The subjects of the Russian Federation are developing regional regulatory legal acts regulating these issues. In this article, the authors consider some aspects related to the development and support of small businesses in the Krasnoyarsk Territory. The statistics of small business growth as of 2022-2023 in this region are analyzed, and a brief analysis of the economic state of this institution is presented for review.
Keywords: small entrepreneurship, small business, small business entities, state support, economic development, Krasnoyarsk Territory.
Bibliographic list of articles
1. Dedyurina O.V., Kiseleva D.S., Afanasyeva T.N. Development of small business in the Krasnoyarsk region // Current problems of aviation and astronautics. – 2013. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-malogo-predprinimatelstva-v-krasnoyarskom-krae (date of access: 09/26/2023).
CIVIL LAW
ISMAGULOV Ravil Ravilievich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
THE FORMATION OF THE DOCTRINE OF THE PIERCING THE CORPORATE VEIL IN RUSSIA AND IN FOREIGN COUNTRIES
Considering the large number of bankruptcy cases, as well as the increase of the number of persons brought to subsidiary liability, the study of the doctrine of piercing the corporate veil seems to be topical issue.
The purpose of this study is to consider the emergence and the formation of the doctrine of piercing the corporate veil in Russia and in foreign countries, as well as to identify how it influences the current state of affairs.
There are both general scientific methods, such as logical, systematic, historical, statistical, and special methods of legal science, such as formal dogmatic, comparative legal, technical and legal to achieve the above purpose.
As a result of the study, we identify the concept and history of the corporate veil concept, we systematize the approaches to the application of the doctrine of piercing the corporate veil in the USA, Great Britain and Germany, also we determine the chronology of the development of the doctrine of piercing the corporate veil in Russia.
Keywords: corporate veil, subsidiary liability, bankruptcy, minimum capital requirements, instrumentality doctrine, alter ego doctrine.
Bibliographic list of articles
1. Alting C. Piercing the corporate veil in American and German law – liability of individuals and entities: a comparative review // Tulsa Journal of Comparative and Internal law. – 1995. – No. 2.
2. Bryan A. Garner. Black’s Law Dictionary, 9th edition. – St. Paul, West Group Publ, 2009.
3. Enwukwe N. E. Piercing the corporate veil of an incorporation to ascertain the real actors: the United Kingdom approach // Port Harcourt journal of business law. – 2020. – No. 7.3.
4. Posner R.A. The Rights of Creditors of Affiliated Corporations // Chicago Law Review. – 1976. – No. 43.
5. Powell F.J. Parent and Subsidiary Corporations: liability of a parent corporation for the obligations of its subsidiary. – Chicago, 1931.
6. Schall A. The new law of piercing the corporate veil in the UK. – ECFR, 2016.
7. Tan C. H., Wang J., Hofmann C. Piercing the corporate veil: historical, theoretical & comparative perspectives // Berkeley Business Law Journal. – 2019. – No. 5.
8. Thompson R. B. Piercing the Corporate Veil: An Empirical Study // Cornell Law Review. – 1991. – No. 76.
9. Wormser I. M. Piercing the Veil of Corporate Entity // Columbia Law Review. – No. 12. – 1912.
10. Budylin S. L., Ivanets Yu. L. Tearing off the covers. The doctrine of lifting the corporate veil in foreign countries and in Russia // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2013. – No. 7.
11. Egorov A.V., Usacheva K.A. The doctrine of “removing the corporate veil” as a tool for distributing risks between participants of the corporation and other subjects of turnover // Bulletin of Civil Law. – 2014. – No. 1.
12. Kozlova N.V. The concept and essence of a legal entity. Essay on history and theory: textbook. – Moscow: Statute, 2003.
13. Ruling of the Supreme Court of the Russian Federation dated November 2, 2015 No. 305-KG15-13737 in case No. A40-153792/2014.
14. Ruling of the Supreme Court of the Russian Federation dated January 29, 2016 No. 305-ES14-3834 in case No. A40-119763/2010.
15. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 08/06/2018 No. 308-ES17-6757(2,3) in case No. A22-941/2006.
16. Determinations of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated August 24, 2020 No. 305-ES20-5422(1,2) in case No. A40-232805/2017 @@ dated September 25, 2020 No. 310-ES20-6760 in case No. A14 -7544/2014 @@ dated 04.20.2022 No. 308-ES21-26679 in case No. A53-24369/2019 @@ Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 10.09.2018 No. 78-KG18-52.
17. OprDivision of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 03/06/2023 No. 303-ES22-22958 in case No. A51-5236/2022 @@ No. 310-ES19-28370 in case No. A54-2037/2017.
18. Parygina N. N., Nevzgodina E. L. The doctrine of lifting the corporate veil in individual countries of the Anglo-Saxon legal family through the prism of Russian experience // Bulletin of Omsk University. Series “Law”. – 2022. – T. 19. – No. 2.
19. Letter of the Federal Tax Service of Russia dated August 16, 2017 No. SA-4-18/16148@ “On the application by tax authorities of the provisions of Chapter III.2 of the Federal Law of October 26, 2002 No. 127-FZ.”
20. Pokrovsky I. A. History of Roman law. – St. Petersburg: Summer Garden Publishing House, 1998.
21. Resolution of the Constitutional Court of the Russian Federation dated October 31, 2023 No. 50-P.
22. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 24, 2012 No. 16404/11 in case No. A40-21127/11-98-184.
23. Rykov I. Yu. Subsidiary responsibility: trends in modern management. 2nd edition. – Moscow: Statute, 2019.
24. Statistical data of the Unified Federal Register of Bankruptcy Information. – [Electronic resource]. – Access mode: https://bankrot.fedresurs.ru/?attempt=1.
25. Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” // Collection of Legislation of the Russian Federation. – 2002. – No. 43. – P. 4190 (as amended on 03.11.2023).
CIVIL LAW
MOGILEVSKIY Grigoriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, associate professor of Civil law disciplines sub-faculty of the Siberian State University of Railway Engineering
TARASOV Yuriy Dmitrievich
Ph.D. in psychological sciences, Deputy Head of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, colonel of justice
A DIGITAL PASSPORT OF A CITIZEN (INDIVIDUAAL) IS THE MAIN DOCUMENT WITH THE USE OF INFORMATION TECHNOLOGIES, AS A MEANS OF ITS INDIVIDUALIZATION AS A SUBJECT OF CIVIL CIRCULATION
The publication provides a brief analysis of the legal discourse of the problem of identity card of a citizen (individual) as a subject of civil legal relations through the need to apply electronic (digital) technologies in the exercise of civil rights and the performance of duties on one’s own behalf. Along with the review of the modern historical aspect, foreign experience, positive aspects of the content of these legal and organizational procedures, the negative aspects are also revealed, as well as the conditions for their implementation in a certain time perspective.
Keywords: civil turnover, citizen (individual), exercise of rights, performance of duties, individualization, main document, passport, historical aspect, foreign experience, modern state, electronic (digital) technologies.
Bibliographic list of articles
1. Ismailov I. Kh. Electronic passport of a citizen in 2023. [Electronic resource]. – Access mode: w.w.w.kp.ru (date of access: 09/20/2023).
2. Shadayev M. Electronic passports are being introduced in the Russian Federation. [Electronic resource]. – Access mode: w.w.w.gazeta.ru (date of access: 09/23/2023).
3. Klyuchevskaya N.A. “Show your documents” or when electronic passports will appear in Russia. [Electronic resource]. – Access mode: www.garant.ru (date of access: 09/24/2023).
CIVIL LAW
FAYRUSHINA Margarita Zufarovna
Ph.D. in political sciences, lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
GOLIKOVA Natalya Leonidovna
lecturer of Special disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
LEGAL ASPECTS AND FACTORS INFLUENCING THE FORMATION OF A PSYCHOLOGICALLY COMFORTABLE EDUCATIONAL ENVIRONMENT
The article examines the legal aspects and factors influencing the formation of a psychologically comfortable educational environment. Subjective and objective factors play an important role in the formation of a psychologically comfortable educational environment in the “teacher-student” system. Subjective relationships affect a healthy atmosphere in the team and the learning process. Objective factors as an important component of the environment affect the psychological component of the subjects of the educational process.
Keywords: environment, comfort, education, psychology, educational environment.
Bibliographic list of articles
1. About educatedAI in the Russian Federation: Federal Law of December 29, 2012 No. 273. [Electronic resource]. – Access mode: https://www.consultant.ru (access date: 11/15/2023). – Text: electronic.
CIVIL LAW
YAKUBOV Mukhibbullo Lutfulloevich
postgraduate student of Legal regulation of economic activity sub-faculty of the Financial University under the Government of the Russian Federation
LEGAL MECHANISM OF USING SMART CONTRACTS IN BANKING
The topic of the article “Legal mechanism of using smart contracts in banking” is currently of high relevance, which is due to the timeliness of the study of this topic. Digitalization of business processes and the implementation of financial technologies especially emphasizes the relevance of this issue. The author reveals the mechanism for using smart contracts when including banking transactions. The author also gives a number of examples from the practice of using smart and contracts reveals the use of this technology in a number of banking transactions, such as syndicated loans, mortgage lending, etc.
Keywords: smart contract, distributed registry, syndicated loan, mortgage lending, banking transactions.
Bibliographic list of articles
1. Grin O. S., Grin E. S., Solovyov A. V. Legal design of a smart contract: legal nature and scope of application // Lex Russica (Russian Law). – 2019. – No. 8 (153). – pp. 51-62. – DOI 10.17803/1729-5920.2019.153.8.051-062. –EDN TWHUNW.
2. “An overview on smart contracts: Challenges, advances and platforms, Future Generation Computer Systems.” [Electronic resource]. – Access mode: https://arxiv.org/abs/1912.10370 (access date: 09/22/2023).
3. Federal Law of March 18, 2019 No. 34-FZ “On amendments to parts one, two and article 1124 of part three of the Civil Code of the Russian Federation.” Access from SPS “ConsultantPlus”.
4. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ. Access from SPS “ConsultantPlus”.
5. Abramov V. I., Glazkov A. A. Prospects for the use of smart contracts in the development of business ecosystems // Economics. Computer science. – 2022. – T. 49. No. 2. – P. 256-267. – DOI 10.52575/2687-0932-2022-49-2-256-267. – EDN GTUXNS.
6. Federal Law of July 16, 1998 No. 102-FZ (as amended on October 20, 2022) “On mortgage (real estate pledge).” Access from SPS “ConsultantPlus”.
7. Vashkevich A. M. Smart contracts: what, why and how // Simploer. – 2018 – P. 89.
8. “The digital future of syndicated loans.” [Electronic resource]. – Access mode: https://www.cliffordchance.com/briefings/2021/06/the-digital-future-of-syndicated-loans.html (access date: 09/22/2023).
9. Federal Law No. 486-FZ dated December 31, 2017 (as amended on December 22, 2020) “On a syndicated loan (loan) and amendments to certain legislative acts of the Russian Federation” (as amended and supplemented, entered into force on 06/21/2021). Access from SPS “ConsultantPlus”.
10. Marsh B. Dewey J. The loan market, blockchain, and smart contracts: The potential for transformative change // Global Legal Group Ltd. [Electronic resource]. – Access mode: https://www.globallegalinsights.com/practice-areas (access date: 09.23.2023).
11. “Banks drive ahead with blockchain project for syndicated loans market.” [Electronic resource]. – Access mode. https://www.finextra.com/newsarticle/30366/banks-drive-ahead-with-blockchain-project-for-syndicated-loans-market/blockchain (date accessed: 09/22/2023).
CIVIL LAW
DEREVYANKO Olga Viktorovna
postgraduate student of Civil law sub-faculty of the Faculty of Law of the A. I. Herzen Russian State Pedagogical University
DIVISION OF PROPERTY AFTER THE DISSOLUTION OF MARRIAGE. EXCEPTION TO THE GENERAL RULES
This paper addresses the issues of property division after divorce in the context of Russian legislation. The authors point out the need to review and improve the norms of the Family Code of the Russian Federation (FC RF) to eliminate existing gaps. It is proposed to introduce more detailed rules to regulate issues related to property acquired before marriage and to take into account rental payments made into the joint marital budget. Special attention is given to the importance of legislative regulation of jointly made payments in relation to the total value of the property. The problematic issue of “borderline” property, which does not clearly belong to the personal or joint property of the spouses, is discussed. The Resolutions of the Plenum of the Supreme Court of the Russian Federation are analyzed in the paper, and a suggestion is made to supplement Article 36 of the FC RF with explanations regarding property purchased with the personal funds of oneof the spouses. As a result of the research, the author concludes that further legislative measures are necessary to ensure a fair and clear division of property in cases of divorce.
Keywords: division of property, former spouses, dissolution of marriage, common property of spouses.
Bibliographic list of articles
1. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // SZ RF. – 1996. – No. 1. – Art. 16.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts when considering divorce cases” dated November 5, 1998 No. 15 // Bulletin of the Supreme Court of the Russian Federation. – 1999. – No. 1.
3. Borisova A. Yu. Legal issues of division of property of spouses. — Text: immediate // Current issues of legal sciences: materials of the III International. scientific conf. (Chita, April 2017). – Chita: Young Scientist Publishing House, 2017. – pp. 91-93. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/226/12112/ (date of access: 03/05/2023).
4. Ivanova O. N. Division of common property of spouses and former spouses // Law and state: theory and practice. – 2020. – No. 5. – P. 9-11.
5. Kolokolova E. O., Paulkina A. V. The problem of dividing property of spouses // Scientific and theoretical journal “Bulletin of the Russian University of Cooperation”. – 2021. – No. 6. – P. 6-11. [Electronic resource]. – Access mode: https://saransk.ruc.su/upload/medialibrary/d8b/kolokolova_paulkina.pdf (access date: 03/05/2023).
6. Emmausskaya A. I., Paltseva E. S. Current problems of legal regulation of the division of common property of spouses // Current research. – 2021. – No. 16 (43). – pp. 76-78. [Electronic resource]. – Access mode: https://apni.ru/article/2267-aktualnie-problemi-pravovogo-regulirovaniya (date of access: 03/05/2023).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
KLEVTSOVA Milena Pavlovna
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MARRIAGE CONTRACT: THEORETICAL AND PRACTICAL SIGNIFICANCE
The purpose of this study is the study of the institution of the marriage contract.
Some problems of legal regulation of property relations of spouses through a marriage contract are analyzed. It is established that in the Soviet period and earlier times, despite the fact that the legislator provided an opportunity for spouses or future spouses to conclude a marriage contract, citizens did not use this opportunity, due to the prevailing worldview, religious and cultural traditions in society. Subsequently, this type of agreement became widespread and today is one of the most effective tools for regulating property relations between persons in a marriage union. The author analyzes the advantages and disadvantages, in view of which some citizens have concerns about the need to conclude a marriage contract. It is established that a marriage contract can only regulate property, but not personal relations between spouses, as well as other members of their family. Also, the agreement may include a condition on the choice of the applicable law to the relations of the spouses, if they are complicated by a foreign element – the different nationality of the persons who registered the marriage. The legal norm in the family legislation that establishes the possibility of including a condition on the choice of applicable law in the marriage contract is not perfect. The legislator determines that only spouses with different citizenship can conclude a marriage contract with such a condition, and overlooks persons who only intend to register a marriage union with an authorized body, that is, future spouses. In order to solve the identified problem and prevent the occurrence of ambiguous situations, the author proposes to amend the current family legislation.
The novelty of the presented scientific research is determined by the fact that the shortcomings of the legal regulation of the institution of the marriage contract in our state have been identified, which have not yet been presented in any scientific research, and ways to solve them have been proposed.
Keywords: prenuptial agreement, family legal relations, spouses, property, division of property, dissolution of marriage, marital union, citizenship
Bibliographic list of articles
1. Baskakova Ya. A., Glinshchikova T. V., Mitashova A. A. conflict regulation brfamily relations // Eurasian legal journal. 2023. No. 1 (176). pp. 49-51.
2. Butsukin O. A. The significance of the marriage contract in modern Russia // Modern jurisprudence: current issues of theory and practice: collection of articles of the V International Scientific and Practical Conference, Penza, May 30, 2023. Penza: Science and Enlightenment (IP Gulyaev G. Yu.), 2023. P. 59-61.
3. Ibragimova G. Sh. Marriage contract: problems of legal regulation // Current issues of legal sciences: materials of the III International. scientific conf. (Chita, April 2017). Chita: Young Scientist Publishing House, 2017. pp. 95-97.
4. Kudryavtseva L.V., Naydenova A.E., Terekhin A.A. Features of the procedure for dividing property of spouses and concluding a marriage contract // Business Bulletin of the Entrepreneur. 2020. No. 2 (2). pp. 108-110.
5. Kudryavtseva L.V., Prikhodko E.G. Russian conflict of laws legislation in the sphere of marriage and family relations: current problems and ways of improvement // Gaps in Russian legislation. 2020. No. 1. P. 57-60.
6. Lik S.V. Advantages of a marriage contract // Scientist’s Tribune. 2020. No. 7. P. 154-158.
7. Maksimovich L. B. Marriage agreement in Russian law. M., 2003. 143 p.
8. Ruzaeva M. A. Marriage contract: historical and legal analysis // Education and law. 2017. No. 12. P. 63-67.
9. Shumova K. A., Sidorova S. V. Marriage contract: main aspects, invalidation of the contract in court // Bulletin of Science and Practice. 2020. T. 6. No. 8. P. 222-225.
10. Shcherbina T. R. Marriage agreement: current issues of concluding an agreement // Student Bulletin. 2021. No. 10-2 (155). pp. 37-40.
11. Yarovoy M. A., Proskurina A. S. Marriage agreement in foreign countries // Science, innovation, society: current issues of modern research: collection of articles of the International Scientific and Practical Conference, Penza, October 17, 2023. Penza: Science and Enlightenment (IP Gulyaev G.Yu.), 2023. P. 37-39.
LABOR LAW
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, Khabarovsk
BRANT Alexander Alexandrovich
magister student of the Institute of Law of the Pacific State University, Khabarovsk
ON THE PROTECTION OF CITIZENS’ RIGHTS IN THE ABSENCE OF AN EMPLOYMENT CONTRACT BY THE PROSECUTOR’S OFFICE: SOME ASPECTS
The article discusses some aspects of the implementation of the powers of the prosecutor in the protection of the labor rights of citizens working without registration of labor relations with the employer. The article substantiates the need for amendments to the current legislation concerning the mandatory participation of the prosecutor in the consideration of such a category of cases in court, provides a brief overview of judicial practice, provides analytical data on court decisions related to the violation of labor rights of citizens.
Keywords: labor contract; protection of labor rights of an employee; salary; prosecutor, violation, unemployment, employment of the population, workplaces, labor duties.
Bibliographic list of articles
1. Data from the official website of the Far East Office of the Prosecutor General’s Office in the Far Eastern Federal District. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/proc_dvfo? (date of access: 09/30/2023).
LABOR LAW
ZAYTSEVA Anastasiya Andreevna
magister student of the 2nd course of the Dorzhi Banzarov Buryat State University
MATVEEV Andrey Konstantinovich
student of the 2nd course of the Far Eastern Federal University, Vladivostok
TSYRENDASHIEVA Viktoriya Tsybikovna
magister student of the 2nd course of the Dorzhi Banzarov Buryat State University
GENDER POLICY IN THE LABOR LAW OF THE ASIA-PACIFIC COUNTRIES
The authors conducted a comparative analysis of women’s participation in employment in four Asian countries – China, India, Japan and South Korea. In their research, they used a multidimensional analytical approach, including socio-cultural, institutional and global political and economic aspects. This approach allowed the authors to explain more fully the factors influencing the opportunities and results of women’s employment.
Keywords: gender policy, segregation, labor relations, prohibition of discrimination, family responsibilities, traditions, employee, employer, countries of the Asia-Pacific region.
Bibliographic list of articles
1. Budhwar P., Saini D., and Bhatnagar J. ‘Women in Management in the New Economic Environment: The Case of India’ // Asia Pacific Business Review. – 2005. – No. 11. – R. 179-193.
2. Shimada H., and Higuchi Y. ‘An Analysis of Trends in Female Labor Force Participation in Japan’ // Journal of Labor Economics. – 1985. – No. 3, 1. – R. 355-374.
3. Gelb J. ‘The Equal Employment Opportunity Law: A Decade of Change for Japanese Women’ // Law & Policy. – 2000. – No. 22. -R. 365-407.
4. Venkata Ratnam C., and Jain H. (2002), ‘Women in Trade Unions in India’ // International Journal of Manpower. – 2002. – No. 23. – R. 277-292.
5. Torotoeva A. M. Sociocultural determinants of gender inequality in South Korean society (on the example of the problem of women’s employment) // Social and Humanitarian Sciences. Domestic and foreign literature. Ser. 11. Sociology: Abstract journal. – 2022. – No. 1. – P. 141-150.
ECOLOGICAL LAW
KARIMBEKOV Abdisait Momunbayevich
postgraduate student of the Osh State University, Kyrgyz Republic, Osh
ENVIRONMENTAL RIGHTS AND OBLIGATIONS AND THEIR PLACE IN THE SYSTEM OF HUMAN AND CIVIL RIGHTS, FREEDOMS AND DUTIES
The scientific article is devoted to the study of the place of environmental rights and freedoms in the system of rights, freedoms and duties of man and citizen. The author notes that, unlike other rights, environmental rights and obligations characterize the harmonious relationship of society with the environment and can be considered as independent in the system of constitutional rights. The right to a favorable environment refers to personal (civil) human rights and should be removed from the sphere of socio-economic rights. Environmental responsibilities can be attributed to a group of responsibilities implemented in one of the aspects of social reality – in the field of environmental protection.
Keywords: environmental rights and obligations, system of human rights and freedoms, classification of environmental rights, mechanism for the implementation of environmental rights, the right to a favorable environment, environmental protection.
Bibliographic list of articles
1. Constitution of the Kyrgyz Republic of May 5, 2021 (adopted by referendum (popular vote) on April 11, 2021) // Erkin-Too, dated May 5, 2021, No. 41 (3220).
2. Law of the Kyrgyz Republic “On Environmental Protection” dated June 16, 1999 No. 53 (dated March 23, 2020 No. 29) // Erkin Too, dated March 27, 2020 No. 31 (3103).
3. International Covenant on Civil and Political Rights of December 16, 1966 (the Kyrgyz Republic acceded to the resolution of the Jogorku Kenesh of the Kyrgyz Republic of January 12, 1994 No. 1406-XII). – [Electronic resource]. – Access mode: http://cbd.minjust.gov.kg/act/view/ru-ru/17581?cl=ru-ru.
4. International Covenant on Economic, Social and Cultural Rights of December 16, 1966 (the Kyrgyz Republic joined by resolution of the Jogorku Kenesh of the Kyrgyz Republic of January 12, 1994 No. 1406-XII). – [Electronic resource]. – Access mode: http://cbd.minjust.gov.kg/act/view/ru-ru/17581?cl=ru-ru.
5. Akopyan A. R. Features of constitutional rights, freedoms and duties of man and citizen in the Russian Federation: dis…. cand. legal Sci. – Volgograd, 2005. – P. 65-66.
6. Bakhin S.V. On the classification of human rights proclaimed in international agreements // Jurisprudence. – 1991. – No. 2. – P. 44.
7. Burkova L. N. Environmental human rights in the Russian Federation (constitutional and legal aspect): dis. …cand. legal Sci. – Rostov-n/D., 2005. – P. 14.
8. Vasilyeva M.I. On the application in law of environmental criteria for the favorability of the environment // State and Law. – 2002. – No. 11. – P. 85-86.
9. Velieva D.S. Constitutional and legal issues of implementing the human and citizen’s right to a favorable environment in Russia: abstract of thesis. dis. …cand. legal Sci. – Saratov, 2001. – P. 18.
10. Voevodin L. D. Legal status of the individual in Russia: textbook. allowance. – M., 1997. – P. 181.
11. Guliev V. E., Rudinsky F. M. Socialist democracy and personal rights. – M., 1984. – P. 84.
12. Dukhno N. A., Chubukov G. V. Environmental law of Russia: textbook. – M., 2006. – P. 359.
13. Kalchenko I.V. Human right to life (issues of theory and practice): textbook. allowance. – Volgograd, 2003. – P. 27.
14. Matuzov N. I. Current problems of the theory of law. – Saratov, 2004. – P. 305.
15. Mishanin K. S. The constitutional right of man and citizen to a favorable environment: guarantees and protection in the legislation of the Russian Federation: abstract. dis. …cand. legal Sci. – M., 2005. – P. 15.
16. Mokhov A. A. Medical law as an independent branch of national law in Russia // Modern law. – 2003. – No. 1. – P. 45-48.
17. Human and peoples’ rights: textbook. allowance / Ed. O. O. Mironova. – M.: Saratov, 2006. – P. 126.
18. Ebzeev B. S. Respect and protection of human rights is the responsibility of the stateblows // Theory of state and law: a course of lectures / Ed. N. I. Matuzova, A. V. Malko. – M., 2000. – P. 127-128.
LEGAL PROBLEMS OF ENVIRONMENTAL PROTECTION
ANTONOV Alexander Alexeevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
SHEVKO Nikolay Nikolaevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
“ROAD SAFETY STRATEGY IN THE RUSSIAN FEDERATION FOR 2018-2024” – PROGRAM FOR ACTION
In the article, the authors consider certain issues of the implementation of the “Road Safety Strategy in the Russian Federation for 2018-2024”, which are directly related to the activities of internal affairs bodies and traffic police officers, in particular, with the image of traffic patrol officers, its influence on the formation of a positive attitude towards police officers in general in society, prevention of violations of traffic rules and the provisions of the Federal Law “On CTP” with specific proposals, this legal regulatory act .
Keywords: road safety, road traffic injuries, responsibility for violation of traffic rules, image of traffic police officers, insurance of civil liability of vehicle owners, control and supervisory functions, prevention of road safety.
Bibliographic list of articles
1. Code of the Russian Federation on Administrative Offenses: federal. Law of December 30, 2001 No. 195-FZ: ed. from 03/18/2023. Access from the reference legal system “ConsultantPlus”.
2. On compulsory civil liability insurance for vehicle owners; federal Law of April 25, 2002 No. 40-FZ: ed. from 06/28/2022. Access from the reference legal system “ConsultantPlus”.
3. On the Rules of the Road (together with the “Basic provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety”: Decree of the Government of the Russian Federation of October 23, 1993 No. 1090: as amended on December 31, 2020 (as amended and additional, entered into force from 01/01/2022).Access from the reference and legal system “ConsultantPlus”.
4. Improving road safety in 2013-2020: Decree of the Government of the Russian Federation of October 3, 2013 No. 864 “On the federal target program (with amendments and additions). Access from the reference legal system “ConsultantPlus”.
5. On approval of the Road Safety Strategy in the Russian Federation for 2018-2024: Order of the Government of the Russian Federation dated January 8, 2018 No. 1-r. Access from the reference legal system “ConsultantPlus”.
CRIMINAL LAW
AVDEEVA Ulyana Andreevna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
TOPICAL ISSUES OF ENVIRONMENTAL CRIMES
This article discusses a very controversial issue about the investigation of environmental crimes. The general aspects of environmental safety of a citizen are investigated, as well as environmental crimes are considered. The main problems in the investigation and disclosure of environmental crimes are analyzed. The tendencies of improving investigative actions in the detection of environmental crimes are revealed, as well as the most common problems are presented and ways to solve them are proposed.
Keywords: environmental protection, human environmental safety, investigator, problems of investigation, environmental crimes, investigation of environmental crimes, criminal liability.
Bibliographic list of articles
1. Buryak A. Yu. Current issues of qualification of environmental crimes // Alley of Science. – 2019. – T. 1. No. 5 (32). – pp. 960-963.
2. Egorova E. V. On the issue of the concept of environmental crime // Intellectual resources for regional development. – 2020. – No. 2. – P. 485-491.
3. Simonyan G. G. Problematic issues in the investigation of environmental crimes // Young researcher of the Don. – 2019. – No. 6 (21). – pp. 146-150.
4. Chistyakov K. A. On the issue of basic measures to prevent environmental crimes // Administrative activities of law enforcement agencies of the Russian Federation and foreign countries: Collection of materials of the International Scientific and Practical Conference, Ryazan, April 25, 2019 / Edited by L. V. Pavlova. – Ryazan: Academy of Law and AdministrationReports of the Federal Penitentiary Service, 2019. – pp. 307-310.
CRIMINAL LAW
BIYARSLANOVA Asiyat Magomedovna
Ph.D. in pedagogical sciences, associate professor of Criminal Law and state legal disciplines sub-faculty of the Dagestan State University of National Economy, associate professor of the Center for the Development of the Regional Education System and Management Competencies of the Dagestan Institute of Education Development
MAGOMEDOVA Risalat Magdibegovna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
FEATURES OF OFFICIAL CRIMES AS A TYPE OF CORRUPTION-RELATED CRIMES
This article discusses the topic of the peculiarities of official crimes as a type of crimes with a corruption orientation. The impact of corruption on various spheres of society cannot be underestimated. Corrupt actions in the field of public service pose a serious threat to the fairness, efficiency and credibility of the system. Official crimes, which are a type of corruption crimes, have their own special characteristics and require special attention from law enforcement agencies and society as a whole.
Keywords: corruption, official, official crimes, official position, bribery, abuse of official position, bribe, theft of electronic assets.
Bibliographic list of articles
1. Arguzov A. A. Crimes of office as a type of corruption-related crimes. – Text: direct // Domestic jurisprudence. –2015. – No. 2 (2). -WITH. 37-41.
2. Golubykh N.V. Current state of corruption crime. – Text: direct // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (34). – pp. 112-115.
3. Popova S. A., Akulin S. V. New forms of corruption associated with digital technologies. – Text: direct // Legal science. – 2023. – No. 3. – P. 178-185.
CRIMINAL LAW
ISAICHEVA Mariya Mikhaylovna
senior lecturer of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Omsk Academy of the MIA of Russia
CERTAIN CHARACTERISTICS OF AN OFFICIAL AS A SUBJECT OF CRIMES IN THE FIELD OF STATE AND MUNICIPAL PROCUREMENT
The purpose of the study is to identify individual signs of an official as a subject of crimes in the field of state and municipal procurement. The scientific novelty of the work lies in the fact that, based on a comparative analysis of the information contained in the provisions of Federal laws, articles of the Criminal Code of the Russian Federation, and judicial practice, conclusions were drawn that the incorrect definition of individual signs of the subject of a crime in the field of state and municipal procurement leads to the following consequences:
1. A number of articles of criminal legislation (Chapter 22 of the Criminal Code of the Russian Federation) are ignored by the courts due to established judicial practice;
2. There is an excessive qualification of the criminal act;
3. There is a significant difference in the types of punishment provided for in Articles 200.4 and 290 of the Criminal Code of the Russian Federation. If the first involves three years of imprisonment, then for accepting a bribe an official can be sentenced to fifteen years of imprisonment.
In the framework of this study, we believe it is necessary to propose possible ways to solve these problems.
Keywords: official, abuse, powers, Criminal Code of the Russian Federation, bribery, selfish intent, government agencies.
Bibliographic list of articles
1. Federal Law “On Amendments to Articles 201 and 285 of the Criminal Code of the Russian Federation” dated February 24, 2021 No. 16-FZ (latest edition). [Electronic source]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_377636/ (date of access: 10/28/2022).
2. Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 No. 44-FZ (latest edition). [Electronic source]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_144624/ (date of access: 10/30/2022).
3. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on July 10, 2023). [Electronic resource] // Access: SPS “Consultant Plus Prof” (Access date: 10/08/2023).
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19 (as amended on June 11, 2020) “On judicial practice in cases of abuse of official powers and abuse of powers powers.” [Electronic source]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_93013/ (date of access: 10.30.2022).
5. Judgment No. 1-22/2020 1-693/2019 dated January 27, 2020 in case No. 1-22/2020. [Electronic source]. – Access mode: https://sudact.ru/regular/doc/5AiTonJKaa14/ (date of access: 10/27/2022).
6. Kashkarov A. A. The authority of a public authority as a system-forming sign of official crime // Society and Law. 2017. No. 1 (59). pp. 46-49; P. 47.
7. Presentation of the report “Regulated procurement in Russia: how to increase the stimulating role of expenditures of budgets and regulated companies.” [Electronic source]. – Access mode: https://fcs.hse.ru/news/362704112.html (date of access: 10/28/2022).
8. They will equate to a bribe // Rossiyskaya Gazeta – Federal Issue. – 2020. – No. 191 (8245).
CRIMINAL LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
ABOUT NEW CHALLENGES AND THREATS RELATED TO THE GROWTH OF CYBERSPACE CRIME
The development of modern information technology and the widespread use of Internet resources in addition to progressive changes poses new challenges and threats associated with the growth of crime in the field of cyberspace. The unification of the entire world community into a single information field has made it convenient to commit a wide range of administrative offenses and crimes through the resources of the Internet and modern information and technical means.
Cybercrime is a threat to the security of the entire world community. Due to the wide reach of the audience on the network, the complexity of investigating such crimes, high confidentiality and inability to navigate the features of modern crisis information and communication interaction, there is an annual increase in cybercrimes around the world.
The research work aims to analyze the main types of cybercrime, as well as the problems associated with countering these types of administrative.
Keywords: cybercrimes, mass media, the Internet, countering crimes against Russia, crimes on the Internet, fakes, information protection, cyberattack, cybercriminal.
Bibliographic list of articles
1. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest edition).
2. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on February 4, 2021).
3. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on December 30, 2020).
4. Alieva E. A. The Internet as a means of committing depraved acts // Gaps in Russian legislation. – 2017. – No. 4. – P. 180-182.
5. Batukhtin M.E. Cybercrimes: causes, types, forms, consequences, directions of counteraction // Problems and prospects for the development of the Russian penal system at the present stage. Materials of the International Scientific Conference of Adjuncts, Postgraduate Students, Cadets and Students. – 2018.
6. Karpova D. N. Cybercrime: a global problem and its solution // Power. – 2014. – Vol. 22. – No. 8. – P. 46-50.
7. Sukhodolov A.P., Ivantsov S.V., Borisov S.V., Spasennikov B.A. Current problems of preventing crimes in the economic sphere committed using information and telecommunication networks // Baikal State University, Irkutsk, Russian Federation All-Russian criminological journal. – 2017. – T. 11, No. 1. – P. 13–21. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-preduprezhdeniya-prestupleniy-v-sfere-ekonomiki-sovershaemyh-s-ispolzovaniem-informatsionno
8. Tropina T. L. Cybercrime. – Vladivostok, 2009.
9. Tropina T. L., Nomokonov V. A. Cybercrime as a new criminal threat // Criminology of Internet spaces. – 2012. – No. 1 (24).
10. Urban V.V. Crimes committed using information and telecommunication networks: general characteristics and criminal procedural measures to counter them // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (88). – pp. 55-63.
CRIMINAL LAW
KOVALISHINA Kseniya Viktorovna
student of the Crimean branch of the Russian State University of Justice
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for the Organization of scientific and editorial-publishing activities of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
SOME PROBLEMS OF COUNTERING OFFENSES AND CRIMES IN THE FIELD OF BLOGGING (HUMANITARIAN ASPECT)
The article discusses the emergence, spread and transformation of the phenomenon of “blogging”. Also, the authors analyzed the administrative-tort and criminogenic situation in the field of blogging in the Russian Federation. Based on the research conducted, the authors came to the conclusion that it is necessary to use an integrated approach to solving these problems.
Keywords: information and communication (blogging) activities, bloggers, destructive content, information security, public liability.
Bibliographic list of articles
1. Mukhachev S.V. Features of legal regulation of the blogosphere // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-pravovogo-regulirovaniya-blogosfery (date of access: 10.31.2023).
2. Lazutkina E. V. Opinion leaders in the information space of the Runet blogosphere // Bulletin of NSU. Series: History, philology. – 2016. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lidery-mneniy-v-informatsionnom-prostranstve-blogosfery-runeta (access date: 10.31.2023).
3. Barinova E. S. History of the development of the Russian library blogosphere: from origin to institutionalization // Media. Information. Communication. – 2020. – No. 33. – P. 44-51.
4. Sorokina V. O. The place of blogging in the modern world based on the Instagram network // International Journal of Humanities and Humanities. – 2019. – No. 4-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mesto-blogginga-v-sovremennom-mire-na-primere-seti-instagram (access date: 10/31/2023).
CRIMINAL LAW
LASHCHENKO Roman Alexandrovich
senior lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia, lieutenant colonel of police
TKHAZEPLOV Timur Mukhamedovich
associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
MIKHAYLOV Alexander Nikolaevich
senior lecturer of Investigating activity sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
SOME AREAS OF IMPROVING THE LEGAL REGULATION OF ARMS TRAFFICKING
The problems of legal regulation of arms turnover are investigated, the analysis of legislation in the field of arms turnover control is carried out. The necessity of its modernization and the development of a regulatory framework to improve the activities of subjects of licensing and permitting work is justified, since in law enforcement practice, there are gaps and inconsistencies of legal norms that need additional regulation, which ultimately should have a positive impact on the state of public safety, the protection of the rights and freedoms of citizens of the Russian Federation, as well as draw some theoretical conclusions and formulate practical recommendations for the application of administrative and legal regulation regime in the field of arms trafficking.
Keywords: arms trafficking, licensing and licensing work, legal regulation, legal entities with special statutory tasks, paramilitary organizations.
Bibliographic list of articles
1. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // Collection of legislation of the Russian Federation. – 2014. – No. 31. – Art. 4398.
2. Criminal Code of the Russian Federation dated June 13, 1996, No. 63-FZ // Collection of legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
3. On private detective and security activities in the Russian Federation: Law of the Russian Federation dated March 11, 1992, No. 2487-1 // Russian newspaper. –1992. – April 3.
4. On weapons: Federal Law of December 13, 1996, No. 150-FZ // Collection of legislation of the Russian Federation. – 1996. – No. 51. – Art. 5681 @@ 1998. – No. 31. – Art. 3834.
5. On approval of the Rules for the circulation of combat hand-held small arms and other weapons, ammunition and cartridges for them, as well as bladed weapons in state paramilitary organizations: Decree of the Government of the Russian Federation of October 15, 1997, No. 1314 // Collection of Legislation of the Russian Federation. – 1997. – No. 41. – Art. 3518. – Art. 6269.
6. Zhiltsov A.V., Faiskhanov R.R. On the advisability of strengthening state control over the circulation of air rifles, pistols and revolvers that are not weapons // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (41). – pp. 159-165.
7. Sukhovetskaya E.Yu., Khrimli D.K. Historical and legal aspects of the activities of divisions of the licensing and permitting system // In the collection: Key problems and advanced developments in modern science. – 2019. – pp. 94-97.
8. Yurtaev V. A., Knyazeva N. A. On the issue of the legal status of civilian smooth-bore firearms and limited-kill firearms, their components and ammunition in modern domestic legislation // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 276-279.
9. Nazarova I. S., Shenshin V. M. On the issue of legal regulation of control (supervision) in the sphere of arms trafficking // Law in the Armed Forces – Military Legal Review. – 2019. – No. 12 (269). – pp. 19–25.
10. The Constitution of the United States / Ed. by the Commission on the Bicentennial of the U.S. Constitution. Washington, 1987.
CRIMINAL LAW
LIBENZON Evgeniy Leonidovich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia, junior researcher, second-class lawyer of the University of the Prosecutor’s Office of the Russian Federation
ISSUES OF QUALIFICATION OF GROUP SMUGGLING IN LAW ENFORCEMENT PRACTICE UNDER ART. 226¹ OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (BASED ON THE EXAMPLE OF JUDICIAL PRACTICE OF THE TRANS-BAIKAL TERRITORY)
The article examines the issues of qualification of complexity in crimes related to the smuggling of strategically important, goods and cultural values. The procedural factors influencing the qualification of smuggling as “a group of persons, a group of persons by prior conspiracy” are revealed. Gaps in the qualifications of complicity in smuggling are shown.
Based on an analysis of the judicial practice of the Trans-Baikal Territory, gaps in legislation are revealed in assessing the activities of other accomplices in the smuggling of gold, derivatives, seafood, timber and other strategically important goods and resources.
The scientific novelty is due to the fact that the article is the first to explore methods of committing crimes with hidden complicity in the smuggling of gold, wood, cultural values, derivatives, seafood and other strategically important goods, resources and cultural values provided for in Article 226¹ of the Criminal Code of the Russian Federation, since the actions of accomplices remain outside the framework of criminal prosecution, which gives rise to latent crime.
The practical significance lies in the fact that the main provisions and conclusions of the article can be used in scientific and practical activities when considering cases of smuggling committed in the presence of aggravating circumstances provided for in paragraph “c” of Part 2 of Art. 226¹ of the Criminal Code of the Russian Federation. The increased degree of public danger, from the point of view of the criminalization of an act, is examined using examples of judicial practice of the Trans-Baikal Territory, taking into account the peculiarities of the geographical border position of the region with the PRC. Proposals have been formulated and judgments have been made on the need to introduce the qualifying feature “commitment of a crime by a group of persons” in paragraph “c” of Part 2 of Art. 226¹ of the Criminal Code of the Russian Federation.
Keywords: customs territory of the Union and customs border of the Union (hereinafter referred to as the Union), smuggling of flora and fauna; foreign trade activities; smuggling of strategically important goods and resources; committing smuggling as part of a group, a group of persons, by prior conspiracy; the customs post.
Bibliographic list of articles
1. Barbachakova Yu. Yu. Technical and forensic support for the investigation of smuggling: Author’s abstract. dis. …cand. legal Sci. – M., 2006. – 26 p.
2. Zabavko R. A. Wood smuggling: complex issues of the subject of the crime // Activities of law enforcement agencies in modern conditions: collection. materials of the XXI international scientific and practical. conf. – Irkutsk: Publishing House of the East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 60-64.
3. Kapralova N. A., Karaseva L. A., Yakovlev A. Open markets and “shuttle” trade in the Russian economy yesterday, today, tomorrow. 2006 – 05. – M.: State University Higher School of Economics, 2006. – P. 3
4. Lyubavina M. A. Qualification of drug smuggling by international mail // Criminal law. – 06/26/2018. – No. 3. – P. 72-77.
5. Lyapustin S. N. Historical experience in combating smuggling of timber and timber in the Russian Far East at the end of the 19th – first quarter of the 20th century. // Customs policy of Russia in the Far East. – 2016. – No. 1 (74). – P. 98.
6. Prikhodko N. Yu. Prevention by internal affairs bodies of smuggling on railway transport // Author’s abstract. dis. …cand. legal onuk. – 2015. – P. 3.
7. Pusurmanov G.V. On the issue of criminal liability of persons who have committed crimes of complicity in the field of customs affairs // Scientific notes of the St. Petersburg branch named after V.B. Bobkov of the Russian Customs Academy. UDC 343.21.7. – 2018. – No. 3 (67). – pp. 99-101.
8. Smolyakov P. N. Criminal-legal characteristics of smuggling (based on materials from the Siberian and Far Eastern federal districts) Abstract. dis. …cand. legal Sci. – M., 2003. – P. 4.
CRIMINAL LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
IDRISOVA Aida Dzupalaevna
Ph.D. in historical sciences, senior lecturer of the Dagestan State University, branch in Izberbash
ESKENDEROV Alikber Gadzhievich
Ph.D. in economical sciences, associate professor of the Dagestan State Pedagogical University
PROBLEMS OF THE SPREAD OF MODERN FORMS OF VIOLENCE AMONG STUDENTS IN SECONDARY SCHOOLS
The characteristics of the most important modern forms of violence among young people and adolescents are highlighted and their connection with the ideology of extremism and terrorism is shown. The article presents the results of a study of the main trends associated with the spread of modern forms of violence among young people (bullying, cyberbullying, school violence, manifestations of the ideology of extremism and terrorism, etc.). The article is devoted to the process of teaching tools for diagnosing mobbing in schools and climate care organizations. Bullying in school has been shown to increase the risks of suicide, substance use, criminalization, etc.
Keywords: school bullying, prevalence of bullying in the Russian Federation, school climate.
Bibliographic list of articles
1. Volchetskaya T. S., Avakyan M. V., Osipova E. V. Criminological characteristics and prevention of school shooting and cyberbullying in Russia and foreign countries // All-Russian Criminological Journal. – 2021. – T. 15. – No. 5. DOI: 10.17150/2500-4255.2021.15(5).578-591.
2. Volchetskaya T. S., Osipova E. V., Avakyan M. V. Modern forms of violence among youth: the degree of prevalence and preventive measures // Russian Legal Journal. – 2021. – No. 5. – P. 105-115.
3. Dolgova S.I. Prevention of bullying (bullying) in educational organizations and the powers of internal affairs bodies in its implementation // Administrative law and process. – 2022. – No. 11. – P. 57-60.
4. Zaitsev S. Countering extremism // Legality. – 2007. – No. 10.
5. Is there any liability for bullying a child in a general education organization? // ConsultantPlus, 2023.
6. Khametdinova G. F. Powers of the inspector of juvenile affairs units in the field of ensuring the safety of children in the information space // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (40). – P. 69.
7. Shchipanova D. E. Cyberbullying as a risk factor in the educational environment // New information technologies in education: Mat. VIII International scientific and practical conf. – Ekaterinburg, 2015. – P. 620.
CRIMINAL LAW
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
GARANOV Murad Shamiljevich
magister student of the 2nd course of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
DECEPTION AS A WAY OF COMMITTING A CRIME
Deception often acts as a way to commit a crime. one of the areas for the prevention of criminal fraud is the development and implementation of legislation aimed at combating criminal fraud. This includes the creation and improvement of relevant criminal laws, as well as cooperation between law enforcement agencies of different countries to combat transnational fraudulent activities, where deception is often used as a means of committing a crime.
strengthening the control of the banking system, strengthening the punishment for committing a number of crimes when using criminal fraud, as well as considering the possibility of recognizing fraud as a way of committing a crime as an aggravating circumstance, in our opinion, will contribute to the prevention of this category of crimes.
Keywords: deceit, method, crime, judicial practice, prevention.
Bibliographic list of articles
1. Archive of the Izberbash City Court. Criminal case No. 1-157/2022.
2. Decision in case 1-22/2016 (03/24/2016, Judicial station No. 263 of the magistrate judge of the Khimki judicial district of the Moscow region) Judicial practice. In criminal cases. Qualification issues. [Electronic resource]. – Access mode: www. orskl7.kodms.ru›Reports›obzor-sudebnoj-praktiki…
3. Criminal case No. 1-253/2020. Archive of the Izberbash City Court.
4. Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 10, 2015 No. 37-015-14 // ATP “ConsultantPlus”.
5. Determination of the Investigative Committee in criminal cases No. 34-011-65. Review of judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2011 in criminal cases (approved by the resolution of the Presidium of the Supreme Court of the Russian Federation of March 10, 2011) Judicial practice. In criminal cases. Qualification issues. [Electronic resource]. – Access mode: orskl7.kodms. ru›Reports›obzor-sudebnoj-praktiki…
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
SHEVTSOV Dmitriy Sergeevich
student of the 3rd course student in the direction of “Jurisprudence” of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
THE SYSTEM OF PRIVILEGED COMPOSITIONS OF MURDERS
This article discusses a very controversial issue about the system of privileged murder squads. The characteristic of the system of privileged compositions is given, what it consists of, what features are inherent in it. We have considered the features of the compositions of the system of privileged murders. The features and problems of each system composition are highlighted. The murder of a newborn child by a mother – in this composition, problems of determining the time of childbirth, the postpartum period have been identified, and the issue of determining the time of psychophysiological characteristics of a woman after childbirth has also not been settled. The composition of a murder in a state of passion must be clearly distinguished from the signs of an ordinary murder, after which there is a strong emotional excitement, and the legislator must also give a legal definition of the concept of affect. It should be noted that improvements in legislation in the field of murder in excess of necessary defense measures are proposed. Solving these problems will contribute to strengthening the Special part of the Criminal Code of the Russian Federation in terms of privileged murders.
Keywords: investigator, problems of investigation, criminal responsibility, criminal law, murder, privileged composition, qualification.
Bibliographic list of articles
1. Garmash V. O. Problems of qualification of some privileged murder squads and their improvement // Capital of Science. – 2020. – No. 9 (26). [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=44342456 (date of access: 09/08/2023).
2. Lyshko A. S. Affect and its criminal legal significance: comparative legal research // Transformation of criminal legislation: promising directions: Collection of scientific articles of the International Conference of Young Scientists and Students, Kursk, November 14-16, 2019 / Editorial Board: A A. Grebenkov [and others]. – Kursk: Southwestern State University, 2019. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=42536593 (date of access: 09/08/2023).
3. Saratov D. S. The problem of expanding the system of privileged murders // Innovations. The science. Education. – 2023. – No. 81. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=40355736 (date of access: 09/08/2023).
4. Sarina P. G. Modern problems of qualification of privileged murder squads // Law. Society. State: Collection of scientific works of students and graduate students. Volume 12. – St. Petersburg: St. Petersburg Institute (branch) of VGUYU (RPA of the Ministry of Justice of Russia), 2020. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=44796845 (date of access: 09/08/2023)
5. Chikhradze A. M. Taking into account the signs characterizing the personality of the perpetrator when improving the system of composition of privileged murders // Scientific research of the XXI century. – 2021. – No. 2 (10). [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=45665961 (access date: 11/08/2023).
CRIMINAL LAW
MAKHMUDOVA Maryana Amrullakhovna
Ph.D. in Law, associate professor of the Dagestan State University of National Economy.
SHIKHSHABEKOV Shikhshabek Yusupovich
Ph.D. in pedagogical sciences, professor of the Dagestan State Pedagogical University
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
GROUNDS FOR MITIGATION OF CRIMINAL PUNISHMENT: ISSUES OF THEORY AND PRACTICE
The article discusses the grounds for mitigation of punishment in the criminal legislation of Russia. Today, the process of legislative modernization of mitigation of punishment is far from complete, and the regulation of mitigation of punishment in domestic criminal law, as an important part of the humanization of criminal law, requires further improvement. It should also be noted that there is no comprehensive study of issues related to the study of mitigation of punishments, taking into account the methods of their execution, which is reflected in the recently entered into force federal laws on amendments and additions to the Criminal Code .
Keywords: mitigation of punishment, formalized criteria for mitigation of punishment, release, criminal liability.
Bibliographic list of articles
1. Ignatenko M.A. A combination of difficult life circumstances as a mitigating circumstance and its influence on the qualification of a crime // Magistracy Bulletin. – 2016. – No. 9 (60). – pp. 277-280.
2. Mingalimova M. F. The role of mitigating circumstances in sentencing // Legality. – 2019. – No. 9. – P. 51-55.
3. Ushakova M. G. Mitigating circumstances in criminal law of Russia: Author’s abstract. dissertation candidate. legal Sci. – M., 2002. – P. 17-18.
4. Chechel G.I. Pregnancy as a circumstance mitigating punishment // Criminal policy: theory and practice. – 2018. – No. 4. – P. 58-62.
5. [Electronic resource]. – Access mode: https:// www.forbes.ru/news/55392-op-dobilas-perevoda-beremennoi-yulii-kruglovoi-iz-tyuremnoi-bolnitsy-v-oblastnuyu.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
RAISING THE PROBLEM CAUSED BY THE REPEAL OF THE ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA No. 19 OF 17 JANUARY 2006 “ON THE ACTIVITY OF THE INTERNAL AFFAIRS AGENCIES TO PREVENT CRIME”
The article assesses the significance of the Order of the Ministry of Internal Affairs of the Russian Federation No. 19 of January 17, 2006 “On the activity of internal affairs agencies in crime prevention” for law enforcement practice, criminological research, as well as in educational activities of educational institutions, implementing educational programs of secondary vocational and higher education. The conclusion identifies the problem and the need for its early resolution in subsequent publications through an analysis of the current situation and implementation of the legal regulation of the Russian Federation in the field of crime prevention by internal affairs agencies.
Keywords: legal regulation, normative legal act, order, internal affairs agencies, prevention of crimes.
Bibliographic list of articles
1. Tsokolova O. I., Muzhenskaya N. E., Kostyleva G. V. [and others]. A guide for investigators and interrogators on the investigation of certain types of crimes: in 2 parts. Volume Part II. – Moscow: Limited Liability Company “Prospekt”, 2023. – 784 p. – ISBN 978-5-392-37447-2. – EDN JFZZQB.
2. Zinnurov F.K., Arestova E.N., Artemova V.V. [etc.]. Inquiry in the internal affairs bodies: A textbook for students, cadets and students of legal educational institutions of the Ministry of Internal Affairs of Russia / Fourth edition, revised and expanded. – Moscow: Limited Liability Company “Publishing Unity-Dana”, 2023. – 496 pp. – ISBN 978-5-238-03640-3. – EDN RFMYXO.
3. Manyshev V.V. Operational and official activities of the police. Tactical and special training. – Moscow: Limited Liability Company “Publishing House “KnoRus”, 2023. – 290 pp. – (Secondary vocational education). – ISBN 978-5-406-11158-1. – EDN OBGHAO.
4. Avanesov G. A., Antonyan E. A., Ivantsov S. V. [etc.]. Criminology / Eighth edition, revised and expanded. – Moscow: Limited Liability Company “Publishing Unity-Dana”, 2023. – 448 pp. – ISBN 978-5-238-03635-9. – EDN BCMYCC.
5. Bezhentsev A. A., Avrutin R. Yu., Pauk N. N. [et al.] Current issues in the activities of patrol service units: Educational and methodological pspecials / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – 412 p. – ISBN 978-5-91837-717-8. – EDN YHTCGC.
6. Gaidukov A. A., Tereshchenko A. A. Participation of the local police commissioner in monitoring the provision of storage conditions (safety) of civilian, service, military and award weapons, ammunition, cartridges for weapons owned or temporarily used by citizens : Educational and practical manual. – Barnaul: Federal State Treasury Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2023. – 28 p. – ISBN 978-5-94552-539-9. – EDN KWCCEG.
7. Zaudinov U.I., Pertsev V.V. Issues of qualification of certain types of administrative offenses committed at transport facilities: educational and practical guide. – Barnaul: Federal State Treasury Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2023. – 76 p. – ISBN 978-5-94552-535-1. – EDN USOXTL.
8. Fedyaev E. A., Verkhoglyadov Ya. E. General characteristics of composition and qualification of certain types of administrative offenses subordinate to local police commissioners: Educational and practical manual. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2023. – 76 p. – ISBN 978-5-94552-524-5. – EDN EOAQPE.
9. Sidorova E. Z., Gribunov O. P. Prevention of crimes and administrative offenses by internal affairs bodies: Textbook. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of Russia, 2023. – 132 p. – ISBN 978-5-9538-0095-2. – EDN PKZOFH.
10. Fedorovich V. Yu., Zhilkin M. G., Kachalov V. V. [etc.]. Organization of preventive work of the investigator during the investigation of crimes in the sphere of housing and communal services. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after. V.Ya. Kikotya, 2023. – 141 p. – ISBN 978-5-9694-1281-1. – EDN NIIMKR.
11. Antonyan Yu. M., Antonyan E. A., Afanasyeva O. R. [et al.]. The personality of the criminal and crime prevention. – Moscow: Limited Liability Company “Prospekt”, 2023. – 224 p. – ISBN 978-5-392-37966-8. – EDN MIOQSA.
12. Belov O. A., Veselov V. N. Complex operational and preventive operations (measures) in internal affairs bodies. – Moscow: Limited Liability Company “Rusines”, 2023. – 90 p. – ISBN 978-5-466-02959-8. – EDN SUCHWO.
13. Borisov A.V. Criminological support of transport security of the Russian Federation. – Moscow: Yurlitinform Publishing House, 2023. – 184 p. – (Criminology). – ISBN 978-5-4396-2462-1. – EDN DIBDEB.
14. Valov S.V. Investigative bodies of the Investigative Committee of the Russian Federation in the national system of crime prevention. – Moscow: Limited Liability Company “Prospekt”, 2023. – 288 p. – ISBN 978-5-392-37636-0. – EDN EJZXYJ.
15. Goryunov V. E. Legal principles of the activities of the local police commissioner. – Chelyabinsk: Chelyabinsk State University, 2023. – 400 p. – ISBN 978-5-7271-1872-6. – EDN HJPCPT.
16. Molchanova M. A. Activities of law enforcement agencies to combat corruption in the private sector of the economy. – Moscow: Yurlitinform Publishing House, 2023. – 200 p. – (Criminologist Library). – ISBN 978-5-4396-2499-7. – EDN CJEGOG.
17. Revyagin A.V. Evolution of unsolved crime. – Moscow: Yurlitinform Publishing House, 2023. – 160 p. – ISBN 978-5-4396-2485-0. – EDN DEYZOT.
18. Fadeev I. A. Implementation of the powers of the inquiry bodies of the Russian Ministry of Internal Affairs in criminal proceedings. – Moscow: Publishing House “Infra-M”, 2023. – 238 p. – ISBN 978-5-16-018119-6. – DOI 10.12737/1911534. – EDN BFNPGE.
19. Filippova O. V. Features of preventing recidivism. – Moscow: Yurlitinform Publishing House, 2023. – 160 p. – (Criminology). – ISBN 978-5-4396-2477-5. – EDN QSEUWW.
20. Kholmansky V. I., Stulnova T. V. Legal regulation of administrative supervision of persons released from prison. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – 374 p. – ISBN 978-5-91837-695-9. – EDN VPOQSL.
CRIMINAL LAW
STEPENKO Artem Valerjevich
Ph.D. in Law, associate professor of the Higher School of Public Law of the Pacific State University, Khabarovsk
IMPLEMENTATION OF CRIMINAL LIABILITY FOR MERCENARISM
The relevance of this topic is due to the huge number of mercenaries from various countries who are recruited around the world to participate in hostilities on the side of Ukraine. Despite the fact that Ukraine itself is a party to the convention against mercenaries. Based on the fact that today it is not possible to prosecute under the norms of international law, the author proposes the option of bringing to justice under the norms of the Criminal Code of the Russian Federation. In the article, the author examines the procedure for bringing to justice mercenaries participating in hostilities against Russia. Moreover, the Criminal Code itself, by its provisions, provides such an opportunity.
Keywords: mercenary, criminal liability, international law, convention, private military company, criminal code, unfriendly countries.
Bibliographic list of articles
1. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on October 12, 2023) // Collection of legislation of the Russian Federation. – 06/17/1996. – No. 25. – Art. 2954.
2. Transcript of the address of the President of the Russian Federation dated February 24, 2022. [Electronic resource]. – Access mode: http://prezident.org/tekst/stenogramma-obraschenija-prezidenta-rossiiskoi-federacii-24-02-2022.html (access date: 10/20/2023).
3. Stingy chivalry. [Electronic resource]. – Access mode: https://proshloe.com/skupoe-rytsarstvo.html (access date: 10/16/2023).
4. Privateers. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Privates (date of access: 10/23/2023).
5. United Nations Mercenary Convention. [Electronic resource]. – Access mode: https/en.wikipedia.org/wiki/United_Nations_Mercenary_Convention (access date: 10/17/2023).
CRIMINAL LAW
SUROVIKINA Anna Evgenjevna
adjunct of Criminal policy sub-faculty of the Academy of Management of the MIA of Russia
ILLEGAL CIRCULATION OF MEDICINES AND MEDICAL DEVICES: MUTUAL INFLUENCE OF GENERAL SIGNS OF A CRIME AND CHARACTERISTICS OF THE CRIMINAL’S PERSONALITY
The article examines the relationship and mutual influence of the features inherent in crimes related to the illicit trafficking of medical products in the Russian Federation, and the criminological characteristics of the personality of the criminals. When analyzing the current state of crime in this area, attention is focused on the causal complex and personality traits of persons committing these acts.
Keywords: pharmaceutical market, falsified, substandard and unregistered medicines, identity of the criminal.
Bibliographic list of articles
1. Malichenko V. S. International legal mechanisms to counter the spread of low-quality and falsified medical products – // Journal of Foreign Legislation and Comparative Law. – 2020. – No. 1. – P. 87-100. DOI 10.12737/jflcl.2020.003. – EDN FXPZCF
2. Rudaya T. Yu. “White-collar” crime in the sphere of circulation of medicines: problems of criminal legal struggle // Yurist-Pravoved. – 2014. – No. 6. – P. 75-81.
3. Tretyakova E.I. Turnover of counterfeit medicines: criminal legal and criminological problems of counteraction: dis. …cand. legal Sci. – Irkutsk, 2016.
CRIMINAL LAW
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
GARANOV Murad Shamiljevich
magister student of the 2nd course of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABAKAROVA Bika Gadzhishamhalovna
lecturer at the Law College of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
SEPARATE ASPECTS OF THE QUALIFICATION OF SIMPLE MURDER
The protection of the right to life is fundamental for the sphere of criminal law relations, which is confirmed by the presence of norms on murder in the Criminal Code of the Russian Federation. The qualification of a simple murder is due to the fact that various circumstances of the commission of a crime can significantly influence the determination of the type of murder. Law enforcement agencies are taking active measures to combat this crime, but it can be seen from official statistics that cases of murders remain in the general statistical information, and this is confirmed by official statistics. Features of the qualification of a simple murder include many factors that must be taken into account when determining the degree of guilt of the offender and deciding on his responsibility.
Keywords: simple murder, qualification, features, many factors, statistics.
Article bibliographiccue list
1. Mahamadiev Kh. R. Forensic characteristics of murders // Current research. – 2023. – No. 7-2 (137). – P. 30-33.
2. Official website of the Prosecutor General’s Office of the Russian Federation – Legal Statistics Portal. [Electronic resource]. – Access mode: http://crimestat.ru/
3. Official website of the Federal State Statistics Service of the Russian Federation. [Electronic resource]. – Access mode: https://rosstat.gov.ru/
4. Golenkov A.V. Epidemiological and forensic psychiatric aspects of murders committed by patients with alcoholism, aggravated by comorbid conditions. Narcology. – 2011. – No. 10 (118). – pp. 30-35.
CRIMINAL LAW
SHCHEGLOVA Elena Valerievna
Ph.D. in pedagogical sciences, associate professor of the Dagestan State University, branch in Kizlyar
PROBLEMS OF PREVENTING DELINQUENCY AMONG MINORS
The article is dedicated to the prevention of teenage crime. This article examines the relevance of studying the system of the welfare state and public policy in the context of preventing crime among minors.
Based on the analysis of official statistics, the article analyzes some issues of criminological characteristics of the personality of juvenile offenders. The problems of finding and establishing a humane approach to solving the problems of preventing and suppressing crime among minors, as well as carrying out a number of works to identify and eliminate the causes of criminal behavior among adolescents, are considered.
Keywords: criminological characteristics, juvenile delinquency, personality, analysis, statistics, prevention.
Bibliographic list of articles
1. Laushkin A. S. The main problems of improving the coordination of the activities of subjects of crime prevention for non-working and non-studying minors // Russian Judge. – 2007. – No. 1.
2. Federal Law “On the Basics of the System for the Prevention of Neglect and Juvenile Delinquency” dated June 24, 1999 // Rossiyskaya Gazeta. – 1999. – June 30.
3. Shlyapnikova O. V. Problems of responding to behavioral situations with the participation of members of criminogenic adolescent and youth formations in the field of public order // Russian investigator. – 2013. – No. 4. – P. 34-35.
CRIMINAL LAW
TRAN Thanh Thao
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia, lecturer of the Ho Chi Minh Law University, Republic of Vietnam
PROTECTING ELECTRONIC DATA THROUGH THE INFORMATION TECHNOLOGY CRIME PROVISION IN THE VIETNAM CRIMINAL CODE
The article analyzes the provisions of the Vietnamese Criminal Code 2015, their features of crimes in the field of information technology. Thus, the author identifies the remaining restrictions in these standards related to the protection of electronic data. Based on a comparison with the provisions on information technology crimes in international treaties, the author proposes some solutions to improve the provisions of the Vietnamese Criminal Code 2015 on these crimes.
Keywords: Information technology crimes, cybercrimes, Vietnamese Criminal Code, European Convention on Cybercrime, African Convention on Cybersecurity and Personal Data Protection.
Bibliographic list of articles
1. Nguyen Quy Huyen (2021). Crimes in the field of information technology and telecommunication networks in Vietnamese criminal law, doctoral dissertation in jurisprudence. Hanoi University of Law.
2. Vietnamese textbook of criminal law – section “Crimes” (first edition, with amendments and additions). Hong Duc Publishing House. Vietnam Bar Association.
3. Tahir R. (2018). A Study on malware and malware detection techniques, international journal of education and management engineering. pp. 21-22.
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
SOKOL Darya Dmitrievna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
LAPTEVA Vera Dmitrievna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting ServiceUniversity of the Ministry of Emergency Situations of Russia
MURDER BY A MOTHER OF A NEWBORN CHILD: CRIMINAL-LEGAL AND CRIMINOLOGICAL PROBLEMS
This article deals with the main problems of qualification of the article Art. 106 of the Criminal Code of the Russian Federation related to the illegal production of abortion – differentiation of this corpus delicti from murder and causing death by negligence, as well as taking into account mitigating and aggravating circumstances of the crime. The author of the article considers the main ways of solving these problems, the assessment of the public danger of the crime depending on the presence of intent of the mother of the child is given. As a mitigating circumstance, the author of the article emphasizes the specificity of the woman’s condition after childbirth, as well as the motivation for committing the crime. The author of the article considers examples from judicial practice, indicating that in the absence of mitigating circumstances, the court imposes a punishment below the lower limit. At the end of the article, the author concludes that this norm requires revision of the subjective side of the crime, in particular, supplementing the Criminal Code of the Russian Federation with a norm on responsibility for this crime from the age of fourteen, as well as indicating that under this article can be admired only a woman whose intent to kill suddenly arose immediately after childbirth.
Keywords: newborn, murder, criminal code, infanticide, intent, guilt, mitigating circumstances, punishment, subject, responsibility.
Bibliographic list of articles
1. Zhivodrova N.A. et al. Problems of qualification of murder by a mother of a newborn child and possible solutions // Science, society, state. – 2018. – T. 6. – No. 1 (21). [Electronic resource]. – Access mode: http://esj.pnzgu.ru (access date: 10/05/2023)
CRIMINAL LAW
SHEPETA Aksiniya Vladimirovna
magister student of the Far East Federal University, Vladivostok
LIMITS OF PROOF IN CRIMINAL CASES
The article discusses the problems of determining the limits of evidence in criminal cases, which are still controversial in scientific circles. The author comes to the conclusion that the limits of proof for each specific case are closely related to the subject of proof. Based on an analysis of scientific developments and legal regulation, the author proposes to understand the limits of evidence as a mandatory body of evidence that is determined by the subject of proof and dependent on it, as the primary category of evidence in each specific criminal case . At the same time, the boundaries of the limits of evidence can be mobile in the direction of their expansion, in order to achieve the collection of the necessary and sufficient evidence base, in order for the court to make a legal and fair decision on a specific criminal case.
Keywords: proof, limits of proof, subject of proof, criminal case, fair and lawful decision.
Bibliographic list of articles
1. Belkin A. R. Theory of evidence in criminal proceedings. – M.: Norma, 2007. – pp. 49-50.
2. Bezlepkin B. T. Criminal process in questions and answers: textbook. 9th ed., revised. and additional – M.: Prospekt, 2018. – 304 p.
3. Borulenkov Yu. P. Theoretical foundations of procedural knowledge: Monograph. – Vladimir, 2006. – 257 p.
4. Zotov D. V. Limits of proof in criminal proceedings (research from the standpoint of reasonable formalism) // Journal of Russian Law. – 2016. – No. 2. – P. 105-117.
5. Karneeva L. M. Evidence in the Soviet criminal process. – Volgograd, 1988. – pp. 16-18.
6. Kokorev L.V., Kuznetsov N.P. Criminal process: evidence and proof. – Voronezh, 1995. – P. 219
7. Lazareva V. A. Evidence in criminal proceedings: educational and practical. allowance. – M., 2012. – P. 142.
8. Novolodsky Yu. M. Proving in the practical activities of a defense lawyer: monograph. – St. Petersburg: R-KOPI LLC, 2016. – 256 p.
9. Pokhmelkin V.V. Problems of application by magistrates of legislation on administrative offenses in the field of road traffic: scientific and practical guide. – M.: Justitsinform, 2019. – 200 pp.
10. Ratinov A. R. Questions of knowledge in judicial proof // Soviet state and law. – 1964. – No. 8. – P. 106-108.
11. Shafer S. A. Evidence and proof in criminal cases: problems of theory and legal regulation. – M., 2012. – P. 88.
CRIMINAL PROCEDURE
BATYSHCHEVA Irina Valerjevna
senior lecturer of Criminal process sub-faculty of the Training and Scientific Complex of the Preliminary Investigation in the Law-enforcement Bodies of the Volgograd Academy of the MIA of Russia
INVOLVEMENT OF A MINOR IN THE COMMITMENT OF A CRIME: CRIMINAL LEGAL ASPECTS
This article reveals the criminal legal aspects of involving a minor in the commission of a crime, as well as the latter’s commission of an antisocial, illegal act, for which the legislation of the Russian Federation provides for liability. Ignoring this issue can lead to disastrous consequences both on the part of the individual and the state. This issue cannot be ignored, since it causes great social harm and undermines the institution of family and the integrity of the child. The author highlighted common problems that arise when establishing this type of criminal acts, as well as difficulties in identifying the person who involves a minor in committing criminal and antisocial acts.
Keywords: involvement in crime, antisocial actions, illegal actions, minor, methods of involvement.
Bibliographic list of articles
1. Ivantsov S.V., Solomatina E.A., Strauning Yu.A., Shmarion P.V., Ivasyuk O.N. Prevention of crimes and administrative offenses committed by minors: a course of lectures. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2017. – 244 pp.
2. Kosova N. N. Involvement of minors in committing crimes and other antisocial actions: criminal legal aspects // Management Issues. – 2015. – No. 4. – P. 265-269.
3. Nikolaev A. G. Criterion “public danger” and disciplinary offenses // Public service and personnel. – 2018. – T. 1. – No. 1.
4. Radkova L. S. Mechanism of involving minors in the illicit trafficking of narcotic drugs, psychotropic substances or their analogues // Humanitarian, socio-economic and social sciences. – 2017. – No. 8-9. – pp. 218-222.
5. Reshetnikova G. A. Involvement of a minor incommitting a crime: searching for the optimal norm // Judicial power and criminal process. – 2022. – No. 1.
6. Shevtsov A.V. [etc.]. Carrying out proceedings in cases of administrative offenses by police officers: training method. allowance – M., 2018.
7. Shevtsov A.V. On the issue of the problems of bringing to administrative responsibility for theft of property // Administrative law and process. – 2018. – No. 1.
8. Shevtsov A.V. Features of administrative legal restrictions on the rights of juvenile offenders delivered to the internal affairs bodies // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2016. – No. 4 (40).
9. Shevtsov A.V. Managerial and procedural functions of jurisdictional activities of internal affairs bodies // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (42).
10. Ulyanov A.D. Control of official activities as a way to ensure executive discipline in the territorial bodies of the Ministry of Internal Affairs of Russia // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (45).
CRIMINAL PROCEDURE
KOKOREVA Lyubov Vladimirovna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the Moscow Regional Branch of the V. Ya. Kikot Moscow University of the MIA of Russia
MORUGINA Nadezhda Anatolyevna
Ph.D. in Law, associate professor of Criminal process sub-faculty of the Voronezh Institute of the MIA of Russia
NUGAEVA Elvira Damirovna
Ph.D. in Law, associate professor, Head of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
STAGES OF FORMATION OF THE INSTITUTION OF JURORS IN CRIMINAL PROCEEDINGS: A BRIEF HISTORICAL ASPECT
The authors analyzed and summarized the opinions of researchers on the issues of the emergence and formation of the jury trial in domestic and foreign criminal proceedings. It is concluded that the reform of judicial proceedings with the participation of jurors continues. The author’s position of the periodization of the formation and development of the domestic court of jurors is proposed.
Keywords: criminal procedure, institute of jurors, judicial reforms, jurors.
Bibliographic list of articles
1. Vyshchepan D. A. Jury trial – a tribute to history or effective justice // Bulletin of OSU. – 2011. – No. 3 (122). – pp. 33–35.
2. Gutsenko K. F., Golovko L. V., Filimonov B. A. Criminal process of Western states. – M.: Yurlitinform, 2002.
3. Demichev A. A. Periodization of the history of jury trials in Russia // Journal of Russian Law. – 2001. – No. 3. – P. 137.
4. Drozdova A. A. Jury: history and modernity // Current problems of Russian law. – 2014. – No. 11 (48). – pp. 216-218.
5. Kondratchik A. L. English jury: historical roots and evolution // Sov. state and law. – 1991. – No. 6. – P. 138.
6. Leonkina A. A. Jury trials in federal countries (on the example of the USA, Germany, Russia) // Electronic scientific journal “Science. Society. State”. – 2017. – T. 5. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sud-prisyazhnyh-v-federativnyh-stranah-na-primere-ssha-germanii-rossii/viewer (date of access: 09/10/2023).
7. Markaryan R.V. Trial by jury. Features of the process and secrets of successful performance in debates. – [Electronic resource]. – Access mode: https://iknigi.net/avtor-ruben-markaryan/95490-sud-prisyazhnyh-osobennosti-processa-i-sekrety-uspeshnogo-vystupleniya-v-preniyah-ruben-markaryan/read/page-1. html (access date: 08/09/2023).
8. Poludnyakov V.I. Jury trial: a collection of scenarios for practical training. – St. Petersburg: St. Petersburg State University, 2017. – [Electronic resource]. – Access mode: https://iknigi.net/avtor-vladimir-poludnyakov/145741-sud-s-uchastiem-prisyazhnyh-zasedateley-sbornik-scenariev-dlya-prakticheskih-zanyatiy-vladimir-poludnyakov/read/page-1. html (access date: 08/09/2023).
9. Judicial proceedings: textbook / Under the general. ed. A. V. Mironova, L. V. Kokoreva. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2018.
10. Tarasov A. A. The updated Russian jury is preserved in the classical model // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (44). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obnovlennyy-rossiyskiy-sud-prisyazhnyh-sohranen-v-klassicheskoy-modeli/viewer (date of access: 09/10/2023).
11. Cheltsov-Bebutov M. A. Course of Soviet criminal procedural law. Essays on the history of court and criminal proceedings in slaveholding, feudal and bourgeois states. – St. Petersburg, 1995.
CRIMINAL PROCEDURE
MIRZAEV Zakir Mukailovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
MIRZAEVA Zeinab Zakirovna
senior lecturer of the Dagestan State Pedagogical University
MUSAEV Kazbek Batyrovich
Ph.D. in Law, senior lecturer of the Dagestan State University, branch in Izberbash
EXPERT ERRORS OF A CRIMINAL PROCEDURAL NATURE
The concept of expert errors in criminal proceedings is revealed. The article is devoted to the study of expert errors of a procedural nature. Specific examples of procedural expert errors are given. Factors contributing to the prevention and identification of expert errors are considered. Based on an analysis of expert practice, the most common causes of expert errors in certain types of forensic examination and possible measures to prevent them are considered.
The criteria for assessing this type of evidence at the stages of preliminary investigation and trial are considered, taking into account the requirements of modern legislation.
Keywords: expert errors, forensic examination, expert, expert opinion.
Bibliographic list of articles
1. Gvozdeva I. S. Use of special psychiatric knowledge in cases of juvenile crimes // Issues of juvenile justice. – 2011. – No. 6. – P. 10 – 12.
2. Mazur E. S., Ivanov I. V. On possible errors in expert opinions // Bulletin of Tomsk State University. – 2014. – No. 387. – P. 164-169.
3. Prutovykh V.V. Limits of competence of a forensic expert in establishing the degree of harm caused to health // Russian Justice. – 2015. – No. 1. – P. 61-65.
4. Sokolova O. A. Falsification of traces and prints of human hands // Forensic examination. Scientific and practical journal. Volgograd. – 2012. – No. 4 (32). – pp. 56-71.
5. Forensic examination: typical mistakes / E. I. Galyashina et al.; edited by E. R. Rossinskaya. – M.: Prospekt, 2012. – 54 p.
CRIMINAL PROCEDURE
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty оf the Academy of the FPS of Russia
THE EFFECTIVENESS OF INVESTIGATIVE ACTIONS AND OPERATIONAL SEARCH MEASURES FOR THE FORMATION OF THE EVIDENCE BASE IN A CRIMINAL CASE
The process of proof is repeated until the circumstances of the event are established in the case. Operational-search information can be used in proving a criminal case only if it indicates the circumstances to be proven: it is accessible for proper procedural registration and does not decipher the methods, tactics and means of operational-search activity. Since crimes committed under conditions of non-obviousness are revealed as a result of the implementation of operational search materials, the investigation of this category of crimes requires not only effective interaction of the investigator with operational workers, but also knowledge of the patterns of detection, fixation, evaluation and use of evidence for the investigation of a criminal case.
Keywords: the process of proof, investigative actions, ORM, criminal case, detection of crimes, the effectiveness of the investigation of a criminal case.
Bibliographic list of articles
1. Gamidov A. M., Mamedguseinov A. N. Interaction of specialists with investigators and bodies of inquiry in the investigation of crimes in the field of illegal drug trafficking // Law and Law. – 2019. – No. 4. – P. 94-95.
2. Kiselev A.P. Application of special psychological knowledge aimed at overcoming opposition to giving false testimony in the process of investigating domestic murders // Legal science. – 2016. – No. 2. – P. 121-126.
3. Verkhoturova S.V., Sobolevskaya S.I. Physical evidence: selected issues of theory and practice. Legal science and law enforcement practice. – 2019. – No. 4 (50). – pp. 74-84.
4. Malik V.I. Some aspects of conducting operational-search activities when documenting crimes of drug trafficking committed in a non-contact manner, and assessing their results // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (100). – P. 214—225.
5. Judgment No. 1-289/2015 dated December 22, 2015 in case No. 1-289/2015. Sovetsky District Court of Ryazan (Ryazan Region).
6. Sidorova E.I., Morugina N.A. Use, issuance and storage of material evidence in a criminal case // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 311-316.
7. BottomAmov V. Yu. On the issue of the concept of “Crime detection” in criminology and criminal proceedings // Leningrad Legal Journal. – 2016. – No. 1 (43). – pp. 170-179.
CRIMINAL PROCEDURE
LUKYANCHIKOVA Svetlana Anatoljevna
senior lecturer of Criminal process sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
PROSPECTS FOR THE DEVELOPMENT OF CERTAIN TYPES OF FORENSIC EXAMINATIONS
The article discusses the problems arising in the field of appointment and conduct of various types of forensic examinations. On the basis of media materials and the practical activities of law enforcement agencies, their current state is under investigation. Conducting forensic examinations in modern realities is an important component of both the investigative process and the judicial one. Currently, a number of key types of forensic examinations are subject to serious internal changes. The possibilities of developing and implementing new types of expert research are analyzed, conclusions are drawn about the possible negative and positive consequences of these processes.
Keywords: forensic examination, criminal procedure, expert research.
Bibliographic list of articles
1. Avrunev E. I., Blokhin D. Yu. Geoinformation support for establishing easement boundaries in a territorial entity // Interexpo Geo-Siberia, 2019. – No. 2. – P. 3-11.
2. Baltin V. E., Orlova E. I. Determination of proportionate payment for easement of a land plot // Academy. – 2018. – pp. 1-5.
3. Tsybulenko Z. I. Private easements in the legislation of the Russian Federation // Bulletin of the Saratov State Law Academy. – 2019. – No. 2 (127). – pp. 130-142.
CRIMINAL PROCEDURE
OSTAPENKO Maxim Vitaljevich
postgraduate student of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University, lawyer of the St. Petersburg Joint Bar Association “Nevskaya”
JUDGE’S MARGIN OF APPRECIATION THROUGH THE PRISM OF JUDICIAL INDEPENDENCE
The article examines the legal categories of autonomy of the judicial bodies and the autonomy of the judicial authority, its independence. The independence of the judiciary is analyzed through the prism of the activity of a judge. The issues of discrepancy between the legal categories of independence of the judiciary (judicial bodies) and the independence of the judiciary (independence of the activity of judges) are analyzed. The scope and boundaries of the judge’s discretion are investigated in conditions of relative certainty of the prescriptions of criminal and criminal procedural law, whether it is permissible to formulate any template as a regulator of the judge’s margin of appreciation. Do the standards of proof in typical situations have the right to exist in criminal proceedings? Attention is focused on the fact that one of the important values of the sanction is that it not only determines the limits of punishment, but also establishes the scope of judicial discretion.
Keywords: scope and boundaries of the judge’s discretion, independence and independence of judicial activity.
Bibliographic list of articles
1. Andreeva O., Lon S., Rukavishnikova A., Trubnikova T. Vector of direction for further development of criminal proceedings. Criminal law. – 2017. – No. 4.
2. Current problems of the activities of courts of general jurisdiction of the Russian Federation: textbook / Team of authors; edited by V. M. Bozrova. – Moscow: JUSTICE, 2017.
3. Barak A. Judicial discretion. – M., 1999 @@ Bazhanov A.V. On the nature of logical correctness // Questions of logic. – Sat. M., 1965.
4. Vlasenko N. A., Vlasenko A. N. Judicial power and judicial activity in the Russian Federation. – M., 2005.
5. Gorevoy E. D., Kozyavin A. A. Fairness of judicial proceedings as a condition for free assessment of evidence in Russian criminal proceedings. // World judge. – 2007. – No. 12 @@ 2008. – No. 1.
6. Groshevoy Yu. M. Problems of formation of judicial persuasion in criminal proceedings. – Kharkiv. 1975.
7. Kurchenko V. N. Actions of the state prosecutor in judicial proceedings // Legality. – 2019. – No. 1.
8. Kurchenko V. N. Assignment of punishment for intentional infliction of grievous harm to health // Legality. – 2014. – No. 10.
9. Leontiev A. The process of forming a judge’s internal conviction // Lawyer. – 2010. – No. 7.
10. Mikhailovskaya I. B. Courts and judges: independence and controllability. – M., Prospekt, 2010.
11. Trusov A.I. Fundamentals of the theory of forensic evidence. – M., 1970.
12. Muradyan E. M. Judicial law. – St. Petersburg, 2007.
13. Presnyakov M. V. Constitutionnal concept of the principle of justice. Ed. G. N. Komkova. – “DMK Press”, 2008.
14. Criminal process. Problem lectures / ed. V. T. Tomina, I. A. Zinchenko. – M.: Yurayt Publishing House, 2013.
15. Zotov D.V. Standards of evidence at the stage of initiating a criminal case // Bulletin of Voronezh State University. Series “Law”. – 2016. – No. 2 (25). – P. 266.
16. Lyutynsky A.V. Standards of evidence in a criminal case // Russian justice. – 2015. – No. 10. – P. 101–106.
17. Kokorev L. D., Kuznetsov N. P. Criminal process: evidence and proof. – Voronezh: Voronezh Publishing House. University, 2013. – P. 91.
18. Kurchenko V. N. Miscarriage of justice: responsibility, but not the right // Russian law. Education. Practice. The science. – 2019. – No. 3. – P. 4-18.
19. Bazhanov A. V. On the nature of logical correctness // Questions of logic. – M.: Nauka, 1965. – P. 107.
20. Gorevoy E. D. Internal judicial conviction in assessing evidence in criminal cases. – M.: Yurlitinform, 2008.
CRIMINAL PROCEDURE
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the Ministry of Emergencies of Russia
LANTUKH Nataliya Viktorovna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
LANTUKH Eduard Vladimirovich
Ph.D. in Law, associate professor, Head of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
SOME ASPECTS OF THE FORMATION AND DEVELOPMENT OF THE INVESTIGATIVE EXPERIMENT
This article considers such a significant investigative action as an investigative experiment. Special attention is paid to various aspects and conditions of this investigative action. Some historical features of the emergence of an investigative experiment up to the present are investigated. The article stresses the importance of this investigative action in full compliance with the Criminal Procedure Code of the Russian Federation.
Keywords: consequence, investigative experiment, investigative action, production, survey, the tactical method.
Bibliographic list of articles
1. Savelyeva M.V., Smushkin A.B. Investigative actions: a textbook for undergraduate and graduate students. — 2nd ed., revised. and additional — Moscow: Yurayt Publishing House, 2017. — 293 p.
2. Lukovnikov G.D. Investigative actions and operational-search activities: a textbook for universities. — 2nd ed. – Moscow: Yurayt Publishing House, 2023. – 290 p.
3. Rossinsky S. B. Investigative actions: monograph. — Moscow: Norma: INFRA-M, 2023. — 240 p.
CRIMINAL PROCEDURE
SHAVKAROVA Elena Evgenjevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE HISTORY OF THE FORMATION AND DEVELOPMENT OF THE INSTITUTION OF INVOLVEMENT AS AN ACCUSED IN RUSSIAN CRIMINAL PROCEEDINGS
The article reveals the history of the origin of the institution of involvement as an accused in Russian criminal proceedings. Giving a person the status of an accused gives him more rights than a suspect, thereby allowing him to exercise his defense in full. Special attention in the article is paid to the reflection of this institution in normative acts from the time of the Statute of Criminal Proceedings to the present time, as well as its transformation.
Keywords: criminal proceedings, the accused, involvement as an accused.
Bibliographic list of articles
1. Makalinsky P.V. Practical guide for investigators; 6th ed. – St. Petersburg, 1907. – P. 386.
2. Nikulin T. G. History of the emergence of the institution of attracting the accused and modern prospects for development. Bulletin of Udmurt University. – 2019. – No. 4. – P. 115.
3. Decree of the All-Russian Central Executive Committee of April 12, 1919 “On Revolutionary Tribunals (Regulations)” – Access from the legal reference system “ConsultantPlus”.
4. Resolution of the All-Russian Central Executive Committee of May 25, 1922 “On the Criminal Procedure Code” (together with the “Criminal Procedural Code of the R.S.F.S.R.”). – Access from the reference legal system “ConsultantPlus”.
5. Kobelkov S. N., Zudilova L. A. Features of the implementation of the rights of the accused in the conditions of differentiation of the modern criminal process // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (37). – pp. 85-88.
6. “Criminal Procedure Code of the RSFSR” (approved by the Supreme Court of the RSFSR on October 27, 1960) (as amended on December 29, 2001, as amended on November 26, 2002) (as amended and additionally entered into force on July 1, 2002) – Access fromlegal system “ConsultantPlus”.
CRIMINAL PROCEDURE
DEMICHEVA Tatiana Sergeevna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
CRIMINAL PROCEDURAL FORM OF EXAMINATION OF INFORMATION AND TELECOMMUNICATION NETWORKS WHEN VERIFYING A CRIME REPORT
The peculiarities of the use of information technologies in criminal procedural activity are topical. The peculiarities of the use of information technologies in criminal procedural activity is a relevant direction of improvement of criminal procedural legislation, in this connection the theoretical and practical development of the issues is required. In this connection, it requires theoretical and practical development of issues, related to the criminal procedure form of using information technologies. technologies. The paper considers the problems and possible prospects of the procedural form of the use of information technologies in the course of investigative examination. The article substantiates the necessity of legal fixation of the order of inspection of information and telecommunication networks. The author identifies possible ways of solving these problems.
Keywords: information technology, verification of a crime report, inspection, information and telecommunication networks, criminal procedural form.
Bibliographic list of articles
1. Vasyukov V. F. Inspection, seizure of electronic messages and obtaining computer information // Criminal process. – 2016. – No. 10 (142). – pp. 64-67.
2. Michurina O. V. Five key arguments in favor of informatization of criminal proceedings // Criminological Journal. – 2023. – No. 2. – P. 105-109.
3. Panfilov P. O. Changes in the criminal procedure law caused by the digitalization of economic relations: reality and need // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 106-109.
CRIMINAL PRINCIPAL LAW
restrictions, legitimate interests, positive obligations.
AVERKIN Sergey Dmitrievich
Ph.D. in Law, Deputy Head of the Federal Institution Research Institute of the FPS of Russia
TISHCHENKO Yuriy Yurjevich
Ph.D. in Law, senior researcher at the Research Center-3 of the FKU Research Institute of the FPS of Russia
SOME LEGAL ASPECTS OF THE REGIME OF SPECIAL CONDITIONS IN CORRECTIONAL INSTITUTIONS
The article discusses some legal aspects of the introduction of a regime of special conditions in correctional institutions of the penal system; the grounds for introduction require differentiation of the intensity of legal restrictions, the imposition of positive obligations and the suspension of consideration of applications and petitions representing the legitimate interests of convicts, depending on the grounds for the introduction of a regime of special conditions and based on the goal being achieved.
Keywords: regime of special conditions, regime, special legal regime, legal status of convicts, legal restrictions, legitimate interests,
positive obligations.
Bibliographic list of articles
1. Fefelov V.V. Legal regulation of the activities of correctional institutions in special conditions: abstract. …cand. legal Sci. – Ryazan, 2002. – P. 11.
2. Kucheruk A. S. Organizational and legal basis for the regime of special conditions in correctional institutions during a state of emergency or martial law:
dis. …cand. legal Sci. – Donetsk, 2022. – 240 pp.
3. Kashuba Yu. A., Alekseev A. Yu. Legal essence of the regime of special conditions // Criminal executive law. – 2021. – T. 16. (1-4). – No. 3. – P. 306-311.
CRIMINAL PRINCIPAL LAW
VLADIMIROVA Oksana Alexeevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
MATERIAL AND TECHNICAL SUPPORT FOR ORGANIZING EDUCATIONAL AND SOCIAL WORK WITH CONVICTS
The article reveals problematic issues related to the logistics of educational and social work with convicts in correctional institutions. An analysis of the legal regulation of this area was carried out. In addition, the main problems of a material and technical nature that employees of educational departments and social protection groups for convicts in correctional colonies face when implementing their functions have been identified. As one of the ways to solve problems, it is proposed to create a special legal act in order to establish regulations and furthercompliance with these norms.
Keywords: logistics, educational work, social work, regulations.
Bibliographic list of articles
1. Ponomarev P. G. The effectiveness of legal norms regulating the use of basic means of correction and re-education of those sentenced to imprisonment. – M., 1989. – 148 p.
2. Resource support of the penal system: state and prospects // Crime and Punishment. – 2005. – No. 12. – P. 12-18.
CRIMINAL PRINCIPAL LAW
TREGUBOVA Еkaterina Anatoljevna
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
QUESTIONS ON THE IMPLEMENTATION OF CONTROL BY THE STAFF OF THE PENAL ENFORCEMENT INSPECTORATE OVER PERSONS RELEASED FROM PUNISHMENT ON PAROLE
The article deals with the issues of control by the staff of the penal enforcement inspectorate over persons released from further serving of sentence on password. The topic under consideration is of particular interest because for a long time of the existence of this institution of exemption from punishment, it has not received due attention from the legislator. This fact is also confirmed by the presence of gaps in criminal and criminal procedure law regarding the legal mechanism regulating the legal status of persons released from punishment on parole. This circumstance served as the basis for conducting a survey among the staff of the penal enforcement inspectorate, which was aimed at studying law enforcement practice and identifying trends in resolving issues arising during the control of released persons.
Keywords: penal enforcement inspectorate, employee, parolee, duties, control, search.
Bibliographic list of articles
1. Suleymanov T. A., Fomin V. V. Methodology and tactics of prosecutorial supervision over the execution of laws in the execution of punishments not related to imprisonment // Man: crime and punishment. – 2022. – T. 30 (1-4). No. 1. – pp. 78-85.
2. On amendments to the Regulations on the Federal Penitentiary Service, approved by Decree of the President of the Russian Federation of October 13, 2004 No. 1314: Decree of the President of the Russian Federation of March 2, 2021 No. 119 [Electronic resource] // Official Internet portal of legal information (www.pravo.gov.ru).
3. Sequence of actions to monitor the behavior of persons released on parole from serving a sentence: letter from the Federal Penitentiary Service of Russia dated March 23, 2021. The document has not been published.
4. On the performance of service by the local police commissioner at the administrative site served and the organization of this activity: order of the Ministry of Internal Affairs of Russia dated March 29, 2019 No. 205 [Electronic resource] // Official Internet portal of legal information (www.pravo.gov.ru).
CRIMINALISTICS
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
SIGERICH Mikhail Yaroslavich
lecturer of Document examination sub-faculty of the Training and Scientific Complex of Expert-Criminalistic Activity of the Volgograd Academy of the MIA of Russia
ESTABLISHING THE FACT OF MOUNTING THE SIGNATURE ON A COPY OF THE DOCUMENT
The article is devoted to the study of the peculiarities of the handwritten examination of signatures in copies of documents. The issues of manifestation and change of signs of both the original signature and the facts of technical forgery during repeated copying of documents are considered. The results of an experimental study presented, the purpose of which was to establish the dependence of the manifestation of signs on the number of copies and the quality of reproduction. A description of the stages of the experiment and the results obtained given, based on which a conclusion about the effect of copying on the preservation of signs of technical training when performing signatures.
Keywords: forensic handwriting examination, study of signature, copies of documents, authenticity forgery features of signature, technical forgery, ability to establish facts of assembly.
Bibliographic list of articles
1. Averyanova T.V., Rossinskaya E.R., Belkin R.S., Korukhov Yu.G. Forensics: Textbook. – 4th ed., revised. and additional – M.: Norma: Scientific Research Center Infra-M, 2019.
2. Barinova O. A., Kupin A. F. Copies of documents as objects of forensic examination: forensic and legal aspects // Russian Judge. – 2019. – No. 6. – P. 41-45.
3. Bobovkin M.V., Ruchkin V.A., Solovyova N.A., Ismatova T.A. Forensic handwriting researchsignature study: issues of theory and practice // Forensic examination. – 2016. – No. 4 (48). – pp. 27-50.
4. Kupin A.F., Titarenko V.A. Establishing facts of technical forgery of signatures when examining copies of documents // Questions of expert practice. – 2017. – No. S1. – pp. 179-184.
5. Seregin V.V. Handwriting studies and handwriting examination: Course of lectures. Ed. 5th. – St. Petersburg: Ministry of Internal Affairs of Russia, NPSEP, 2015.
6. Smakhtin E. V. Digital technologies and forensics: some problematic aspects // Russian legal journal. – 2018. – No. 4. – P. 78-83.
CRIMINALISTICS
KOLESNIKOVA Irina Evgenjevna
Ph. D. in philological sciences, senior lecturer of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
SLANDER IN THE EXPERTISE OF THE TEXT: LINGUISTIC AND LEGAL DISCOURSE
The article examines the features of forensic expert activity in the study of slander in order to diagnose them, taking into account both legal and linguistic knowledge. Attention is focused on the severity of special signs of speech aggression in the product of speech activity. The statements are considered offensive if a number of conditions are met. Firstly, if they are aimed at humiliating honor and dignity or undermining the citizen’s reputation directly. Secondly, there is premeditation of this act. Thirdly, the information being disseminated is false.
Keywords: slander, defamation, products of speech activity, a verbal aggression, forensic linguistic experiment.
Bibliographic list of articles
1. Baranov A. N. Linguistic examination of the text: theory and practice. – M.: Flinta: Nauka, 2007. – 592 p.
2. Brinev K. I. Linguistic expertise: types of expert tasks and methodological presumptions // Jurislinguistics – 9: Truth in language and law. – Interuniversity. Sat. scientific tr. Kemerovo; Barnaul, 2008. – pp. 232-249.
3. Brinev K.I. Theoretical linguistics and forensic linguistic examination: monograph. – Barnaul: AltSPA, 2009. – 252 p.
4. Galyashina E.I., Gorbanevsky M.V., Sternin I.A. Linguistic signs of defamation in the theory and practice of forensic linguistic examinations // Vzglyad. Quarterly analytical bulletin – M.: Glasnost Defense Foundation. – 2005. – No. 1 (6). – pp. 24–39.
5. Golev N. D. Legal regulation of speech conflicts and legal linguistic examination of conflict-prone texts // Legal reform in the Russian Federation: general theoretical and historical aspects: Interuniversity collection of articles. – Barnaul: ASU Publishing House, 2002. – P. 110-123.
6. Jafarova A. A. Problems of assigning punishment for libel // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (87). – pp. 52-59.
7. Zlatoustova L. V. Training of specialists in FEZ and forensic linguistic examination on the basis of the philological faculty of Moscow State University // Theory and practice of forensic examination. Scientific and practical journal. – M., 2007. – No. 3 (7). – P. 22.
8. Kara-Murza E. S. Linguistic indicators of speech crimes in politics // Language of media and politics. Scientific publication / Ed. G. Ya. Solganika / The study was carried out with the financial support of the Russian Humanitarian Fund according to project 09-04-00071 a. – Moscow: Moscow State University Publishing House, 2012. – P. 797-855.
9. Kozhina M. Speech science: the theory of functional stylistics: selected works. work. – Moscow: FLINT: NAUKA, 2014. – 620, [1] p.
10. Kolesnikova I. E. On some linguistic and legal discourses of forensic linguistic examination of text // Current problems of linguistics and the formation of linguistic competence of lawyers in modern conditions: collection of materials of the All-Russian scientific and practical conference (Rostov-on-Don, March 22 2019). – Rostov/n/D: FGKOU HE RUI Ministry of Internal Affairs of Russia, 2019. – P. 67-74.
11. Kyrkunova L. G. Functional and semantic types of speech in the aspect of intra-style differentiation of investigative and judicial texts // Stereotyping and creativity in the text. Interuniversity collection of scientific works, VII. – Perm 2004. – pp. 146-156.
12. Malysheva Yu. Yu. On crimes committed by deception and lies, according to the Criminal Code of Russia // Law and State: Theory and Practice. – 2018. – No. 11. – P. 117-120.
13. Osadchaya N. G. Slander: features of criminal law regulation // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 2 (129). – pp. 122-125.
14. Plaksina T. A. Punishment for libel // Bulletin of Tomsk State University. Right. – 2021. – No. 41. – P. 50-63.
15. Podkatilina M. L. Forensic linguistic examination in cases of insult // News of Tula State University. Economic and legal sciences. – 2016. – P. 389-394.
16. Problems and methods of experimental phonetic analysis of speech / [L. R. Zinder, L. V. Bondarko, L. A. Verbitskaya and others; Under general ed. L. R. Zindera, L.V. Bondarko]. – Leningrad: Leningrad State University Publishing House, 1980. – 151 p.
17. Pylin V.V. Can criminal libel become reprisals against critics? // Problems of law in modern Russia: collection of articles of the international interuniversity scientific-practical conference / Ed. ed. A. S. Veshkelsky, V. N. Snetkov. – St. Petersburg: Polytechnic Publishing House. Univ., 2013. – pp. 307–332.
18. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings. – M.: NORM, 2006. – 65 p.
19. Spivak D. L. Altered states of consciousness: psychology and linguistics. St. Petersburg: Yuventa Publishing House; Faculty of Philology, St. Petersburg State University, 2000. – 296 pp.
20. Shcherbinina Yu. V. Verbal aggression. – M.: Komkniga Publishing House, 2006. – 360 pp.
21. Expert research on cases of recognizing information materials as extremist: theoretical foundations and methodological guidance: scientific and practical publication / [Olennikov S. M., Kuznetsov S. A.]; St. Petersburg State univ. – 2nd ed., rev. and additional – Moscow: V. Ema Publishing House, 2014. – 310 p.
22. Heydon G. From legislation to the courts: Providing safe passage for legal texts through the challenges of a police interview. – Oxford: Oxford Univ. Pr., 2013. – Рp. 55-77.
23. Podlech A. Rechtslinguistik. Rechtswissenschaft und Nachbarwissenschaften. – Munchen, 1976. – S. 105-110.
24. Philbrick F. A. Language and the Law: the Semantics of Forensic English. – Forgotten Books, 2017. – 268 p.
25. Shuy R. W. Speaking of Language and Law. – Oxford: Oxford Univ. Pr., 2015. – 06 r.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty оf the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
FEATURES OF PRESENTATION TACTICS FOR IDENTIFICATION DURING THE INVESTIGATION OF ILLICIT DRUG TRAFFICKING AND PSYCHOTROPIC SUBSTANCES IN PENITENTIARY INSTITUTIONS OF RUSSIA
This article discusses the features of tactics for preparing, conducting and securing identification during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances in a penitentiary institution of the Russian penal system. The factors influencing the tactics of identification in the conditions of a correctional institution are considered. Specific tactical features are highlighted at the stage of preparation, identification, and consolidation of its results. Modern effective methods of identification in conditions that exclude the visibility of the identified person are proposed.
Keywords: narcotic, factor, feature, identification, identifying, identifiable, correctional institution.
Bibliographic list of articles
1. Forensics. Methods of investigating crimes in institutions executing punishment: a textbook for educational institutions of the Ministry of Internal Affairs of Russia / Ed. V.V. Kulkova. – Ryazan: RIPE Ministry of Internal Affairs of Russia, 1996. – T. 2. – Part 2. – 100 p.
2. Surin V.V., Filippov M.N., Fomin Yu.S. Carrying out initial investigative actions in correctional institutions of the Federal Penitentiary Service of Russia. – Perm: FKOU VPO Perm Institute of the Federal Penitentiary Service of Russia, 2014. – 126 p.
CRIMINOLOGY
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF THE CAUSES OF CRIMES AGAINST THE SECURITY OF THE RUSSIAN FEDERATION COMMITTED BY ELDERLY PEOPLE
The article analyzes some issues of criminological characteristics of crime of elderly people. In particular, attention is paid to the state and causes of crime against the security of the State from the perspective of the commission of such crimes by persons who have reached retirement age in old age. The study was conducted on the basis of official judicial statistics, as well as the results of sociological research, which allowed, based on the analysis of such information, to determine some of the causes of the type of crime under consideration and formulate proposals to prevent the commission of socially dangerous acts by older people directed against the security of the Russian Federation.
Keywords: crime, nnational security, causes of crime, elderly people, crime prevention.
Bibliographic list of articles
1. Alekseeva E. A. Transformation of the age structure of criminals in Russia and abroad // All-Russian Criminological Journal. – 2022. – T. 16. No. 1. – P. 135-146.
2. Berezin D. A., Markina M. V. Elderly people: problems of categorization // Social and pension law. – 2020. – No. 3. – P. 13-16.
3. Two pensioners in the Urals tried to set fire to military registration and enlistment offices on the same day. [Electronic resource]. – Access mode: https://ria.ru/20231110/podzhech-1908627663.html (date of access: 09/15/2023).
4. Ozersky S.V. Study of the phenomenon of increased crime among older people in 2012-2022 // Eurasian Legal Journal. – 2023. – No. 7 (182). – pp. 269-271.
5. The state of the drug situation in the Krasnoyarsk Territory according to the results of sociological research in the format of annual monitoring in 2022 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. N., Stupina S.A. Research report. Ministry of Internal Affairs of the Russian Federation. – 2023.
6. FSB: Kyiv uses teenagers, pensioners and marginalized people for sabotage in Russia. [Electronic resource]. – Access mode: https://rg.ru/2023/08/27/ogon-v-golove.html (access date: 09.15.2023).
7. Khomich V. M., Vishnevskaya T. I. Crime of older people as a social-systemic object of criminological assessment // Personality of a criminal in a changing world (Dolgov readings): Collection of materials of the III All-Russian scientific and practical conference, Moscow, March 23-24 2023. – Moscow, 2023. – P. 597-604.
CRIMINOLOGY
EFIMOVA Mariya Prometeevna
senior lecturer of Criminal law and process sub-faculty of the M. K. Ammosov Northeastern Federal University, Yakutsk
FUNDAMENTALS OF COUNTERING FAMILY VIOLENCE IN RUSSIA AND SOME FOREIGN COUNTRIES
The article discusses the basics of countering violent encroachments in the field of family relations. The system of countering family violence should be considered as a joint activity of state authorities, public authorities of the subjects of the Russian Federation and local self-government bodies, as well as individuals and legal entities. When implementing measures aimed at organizing comprehensive assistance to families in a dangerous situation, it is necessary to take into account, firstly, the regional peculiarities of the family’s place of residence. Russia is a multinational and multiconfessional country where a variety of cultures and traditions are intertwined, in particular in the upbringing of children. To prevent destructive behavior in potentially “dangerous families”, it is necessary to develop uniform response standards.
Keywords: counteraction, family, violence, prevention, elimination.
Bibliographic list of articles
1. Sinitsa A. L. Demographic and family policy in modern social policy: theoretical approaches, goals, implementation mechanisms and performance assessment (part 1) // Living standards of the population of Russian regions. 2022. Volume 18. No. 1. P. 57.
2. Khalturina O. A. Federal project “Financial support for families at the birth of children” and its financing // Industrial Economics. 2021. No. 5. T. 4. P. 337.
3. Burlakov V.N. Crime Prevention // Criminology: Textbook / Under the general editorship. V. N. Burlakova, N. M. Kropacheva. St. Petersburg: Peter, 2013.
4. Kuldysheva G.K., Madysheva Sh.I. The role and place of the family in society and the state program for its preservation // International Journal of Humanities and Natural Sciences. 2021. No. 2-2 (53). pp. 152-156.
5. Muratbaeva G. N. On methods of identifying and suppressing offenses in the sphere of everyday life in the Kyrgyz Republic // News of universities of Kyrgyzstan. 2017. No. 12. P. 78-80.
6. Zhalikulov B.K., Aitbaeva Zh.S. Domestic violence as one of the reasons for the growth of human trafficking // Bulletin of the RGSU branch in Osh. No. 19. Collection of scientific articles; [under the general editorship of Doctor of Economics. S.K. Turdubaeva]. Osh: Publishing house. “Publishing house of the RGSU branch in Osh.” 2019. No. 1. P.35-39.
7. Syzdykov A. Zh., Sagymbekov B. Zh. Comparative legal analysis of administrative and legal measures for the prevention of domestic violence // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2020. No. 3 (61). pp. 167-173.
8. Rakhimberdin K. Kh., Geta M. R. Theoretical and legal aspects of counteracting domestic violence in the legislation of the Republic of Kazakhstan: problems and prospects // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2021. No. 3 (66). pp. 62-72.
9. Feldman: why domestic violence remains a pressing problem for Moldova [Electronic resource]. – Access mode: https://ru.sputnik.md/society/20201005/31920650/domashnee-nasilie-moldova-chto-zhdet-obidchik-izhertva.html (accessed November 18, 2023).
10. Stefan A.V. Features of warningin relation to minors in the family according to the legislation of foreign countries // Victimology. 2017. No. 2 (12). pp. 64-71.
11. Dunaeva O. N. Overcoming domestic violence in modern China. Gender policy and the evolution of family and marriage legislation. Part I // Victimology. 2021. T. 8. No. 3. P.226-240.
12. Arkhipova A. S. International experience in combating family violence // International Journal of Humanities and Natural Sciences. 2018. Vol. 7.
13. Kvashis V. E., Dunaeva O. N. Current state and current directions of support for crime victims in Japan // Victimology. 2020. No. 4 (26). pp. 53-63.
14. Xavier F., Neto F. Experience of Brazilian legislation in the field of combating domestic violence: theory and practice // Bulletin of the O. E. Kutafin University (MSAL). 2021. No. 1. P.92-102.
CRIMINOLOGY
UNTEROV Vladimir Anatoljevich
senior Lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SPECIAL CRIMINOLOGICAL MEASURES PREVENTION OF THE COMMISSION OF CRIMES AGAINST LIFE AND HEALTH BY CONVICTS IN PLACES OF DEPRIVATION OF LIBERTY
The article deals with special criminological measures for the prevention of penitentiary crimes against life and health, taking into account the provisions of the Concept of the development of the penal enforcement system of Russia for the period up to 2030. The author highlights the stages of separate detention of convicts, and also suggests organizational and managerial measures aimed at reducing the number of crimes under consideration.
Keywords: crime prevention, organizational and managerial measures, concept, penal enforcement system, convict.
Bibliographic list of articles
1. On approval of the Concept for the development of the penal system of the Russian Federation for the period until 2030: Decree of the Government of the Russian Federation of April 29, 2021 No. 1138-r. – Text: electronic // Legal reference system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru (date of access: 09.11.2023).
LAW ENFORCEMENT AUTHORITIES
ASLANOV Marat Amurovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
IMPROVING DOMESTIC CRIMINAL LEGISLATION REGARDING LIABILITY FOR LIBEL
The article is devoted to the current problem of improving the criminal legislation of the Russian Federation in terms of criminal liability for libel. The author analyzes existing norms, identifying shortcomings and contradictions in their application. Particular attention is paid to the classification of various types of slander, the establishment of qualifying characteristics and the definition of objects of criminal protection. The question is raised about the advisability of introducing more precise criteria of responsibility, taking into account modern challenges of the information society and potential threats to the reputation and honor of citizens. The author also analyzes the point of view of various scientists and researchers in this field, and discusses alternative approaches to regulating liability for libel.
Keywords: libel, criminal law, responsibility, reputation, honor, improvement, information society.
Bibliographic list of articles
1. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // Rossiyskaya Gazeta. – 2020. – No. 144. – Art. 8198.
2. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ: as amended. dated August 4, 2023 // Collection of legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
3. Jafarova A. A. On the issue of the victim in slander // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (70). – pp. 104-108.
4. Dubovichenko S.V., Karlov V.P. Slander on the Internet and in relation to an individually undefined group of people // In the collection: Tatishev Readings: Current Problems of Science and Practice. – Tolyatti. 2021. – pp. 151-156.
5. Elets S. A. Acts related to the spread of fabrications discrediting the person in the legislation of the countries of the former USSR // Eurasian Union of Scientists. – 2020. – No. 8-4 (77). – pp. 51-57.
6. Elets S. A. Crimes related to the spread of defamatory fabrications: problems of criminalization and differentiation of responsibility: dis. …cand. legal Sciences: 12.00.08. – Krasnodar, 2021. – 221 pp.
7. Ismagilov R. A. On the issue of criminal legal protection of the honor and dignity of the dead // In the collection: Rights and freedomsbody of man and citizen in the history of Russia. Materials of the All-Russian Scientific and Practical Conference. – 2017. – pp. 13-19.
8. Lutsenko S.I. Slander – a category of value judgments // State and law. 2019. – No. 7. – P. 173-178.
9. Naumov A.V., Kibalnik A.G. Crimes against the individual: textbook. – M.: Yurayt, 2022. – 118 p.
10. Radchenko K. N. Problems of law enforcement practice of bringing to criminal liability for libel // Bulletin of the Vladimir Legal Institute. – 2020. – No. 2 (55). – pp. 103-108.
LAW ENFORCEMENT AUTHORITIES
KASHIRGOV Astemir Khasanbievich
lecturer of Law Enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA, major of police
CULTURE OF PROFESSIONAL THINKING OF POLICE OFFICERS IN THE PROCESS OF PROFESSIONAL DEVELOPMENT
Modern society is quite unstable in political, socio-economic, informational and technological terms. There are both positive and negative changes that affect the general social mood and behavior of citizens. People’s actions are often unpredictable, not always predictable, and require deep reflection to ensure their effective legal regulation by law enforcement officials. New types of crimes are emerging, planned and implemented using digital technologies and artificial intelligence. Accordingly, their investigation and suppression requires not only deep legal knowledge, but also new approaches, analytical skills, and high cognitive activity of police officers.
Keywords: law enforcement agencies, crimes, heuristic teaching methods, self-correction, self-reflection, informal and informational training.
Bibliographic list of articles
1. Shulepin M.V., Voronov V.V. Features of the functioning of additional professional education in the system of the Ministry of Internal Affairs of Russia according to surveys of students of training courses // Monitoring of law enforcement. – 2022. – No. 1 (42). – pp. 69-78.
2. Yarychev N. U. The phenomenon of “culture” from the perspective of the theory of values, activities, sign systems and essential human forces // Integration of methodological (scientific and methodological) work and systems for advanced training of personnel: Materials of the IX All-Russian scientific and practical conference. – Moscow: Education, 2008. – P. 34-38.
LAW ENFORCEMENT AUTHORITIES
ASLANOV Marat Amurovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, major of police
PROCEDURAL VIOLATIONS COMMITTED BY LAW ENFORCEMENT EMPLOYEES AND THEIR ASSESSMENT AT THE STAGE OF JUDICIAL INVESTIGATION IN THE PROCESS OF IDENTIFICATION
The research presented in the article is devoted to identifying violations in procedures during identification, as well as their assessment in the context of the information collected and presented as evidence. The author analyzes court documents covering the period from 2009 to 2022, in which identification records were used as an element of a criminal case governed by Article 193 of the Code of Criminal Procedure of the Russian Federation. The study examines materials from judicial practice.
Keywords: procedural violations, identification, evidence, Criminal Procedure Code, assessment at the stage of judicial investigation.
Attached bibliography
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 09.26.2023).
2. Appeal of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 11, 2019 in case No. 7-APU19-5SP. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.26.2023).
3. Appeal ruling of the Supreme Court of the Russian Federation dated January 24, 2020 in case No. 9-APU19-24. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 09/27/2023).
4. Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation in case No. 22-UD22-1-AZ. [Electronic resource]. – Access mode: www.consultant.ru/ (access: 09.27.2023).
5. Appeal ruling of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated August 27, 2019 in case No. 205-APU19-24. [Electronic resource]. – Access mode: www.consultant.ru/ (access: 09.27.2023).
6. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated September 16, 2020 in case No. 77-1773/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
7. Cassation ruling of the Seventh CourtCourt of Appeal of General Jurisdiction dated 04/21/2020 in case No. 77-319/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
8. Appeal ruling of the Fifth Court of Appeal of General Jurisdiction dated May 17, 2021 No. 55-159/2021. www.consultant.ru/(access: 09.26.2023).
9. Cassation ruling of the Fifth Court of Cassation of General Jurisdiction dated 09/04/2020 in case No. 77-602/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
10. Appeal resolution of the Tobolsk City Court of the Tyumen Region dated 02/07/2018 in case No. 10-2/2018. [Electronic resource]. – Access mode: sudact.ru/ (date of access: 09.27.2023).
11. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023).
12. Ruling of the Sixth Court of Cassation of General Jurisdiction dated September 22, 2020 in case No. 77-2006/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
13. Kuleshov R.V. Myasnikov A.P. Presentation for identification during the investigation of various categories of crimes in the field of extremist and terrorist activities // Economic and legal sciences. – 2021. – No. 4.
MEDICAL AND LAW
PROKHORKO Tatyana Nikolevna
Ph.D. in Law, associate professor of Private law sub-faculty of the Perm Institute of the FPS of Russia, associate professor of Civil and business law sub-faculty of the National Research University “Higher School of Economics” in Perm
MEDICAL LAW AND BIOETHICS: INTERCONNECTION AND INTERDEPENDENCE
The relevance of the research topic is determined today by the significant technical development of society and its spread to the field of medicine. The need to understand the limits of the possible spread of high technologies in this sphere of society’s life activity requires individual, different from the existing, legal regulation. At the same time, the law in this area is itself in the formative stage. The need to find a fulcrum of legal regulation contributes to the active involvement of existing conceptual ideas and foundations in this process. The law is not always able to resolve all issues arising in connection with the implementation of medical activities. This contributes to the formation of bioethics as a conceptual knowledge that can fill in the gaps that have not yet been settled by law.
Keywords: medical law, bioethics, source of law, biotechnology.
Bibliographic list of articles
1. Voronina I. A., Savoshchikova E. V., Sablin D. A. Integration of biomedicine and bioethics into the legal space as the basis for the protection and protection of citizens’ rights to health and medical care // Constitutional and municipal law. – 2018. – No. 9. – P. 67 – 70.
2. Moiseev V.I. Bioethics – the science of bioethics // Difficult patient. – 2007. – No. 1. – Volume 5. – P. 55.
3. Momotov V.V. Bioethics in the context of legislation and law enforcement (euthanasia) // Lex russica. – 2019. – No. 10. – P. 9-15. DOI: 10.17803/1729-5920.2019.155.10.009-015.
4. Mokhov A. A. Medical law as an independent branch of national law in Russia // Modern law. – 2003 – No. 1. – P. 45-48.
5. Mokhov A. A., Yavorsky A. N. Ethics of high technologies: problems of formation and development prospects // Lawyer. – 2020. – No. 12. – P. 2-8.
6. Potter, Van Rensselaer. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki.
7. Prokhorko T. N. Prospects for the development of medical law in the system of Russian law // Modern law. – 2023. – No. 8. – P. 16-22. – DOI 10.25799/NI.2023.12.57.003.
8. Sergeev Yu. D., Mokhov A. A. Bioethics – an unconventional source of medical law // Medical law. – 2007. – No. 2.
9. Siluyanova I.V. Bioethics in Russia: values and laws. – M.: Grant, 2001. – 192 p.
STATE AND LAW
MIRONOVA Oksana Alexandrovna
Head of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
COUNTERING ILLEGAL MIGRATION IS A STRATEGIC DIRECTION OF STATE POLICY
The article raises the question that the problem of illegal migration remains relevant throughout the world and threatens the development of society and state security. The article analyzes the legislation of individual states regulating the issues of countering illegal migration. Mechanisms similar to Russia are being determined. The author concludes that in order to resolve the situation related to illegal migration in Russia, it is necessary to tighten the current legislation.
Keywords: state, migration, illegal migration, labor migration, crime, foreign legislation.
Prisbibliographic list
1. Speech by the Minister of Internal Affairs of the Russian Federation, General of Police of the Russian Federation Vladimir Kolokoltsev, at an extended meeting of the board of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/document/36732316.
2. Crime among migrants in Russia has increased by ten percent over the year. [Electronic resource]. – Access mode: https://ria.ru/20230124/migranty-1847143553.html.
3. Summary of key performance indicators on the migration situation in the Russian Federation for January – November 2022. [Electronic resource]. – Access mode: https://mvd.rf/dejatelnost/statistics/migracionnaya/item/34428645/
4. Deputy Chairman of the Security Council of the Russian Federation Dmitry Medvedev held a meeting “On the problems of implementing the migration policy of the Russian Federation and tasks to increase its effectiveness.” [Electronic resource]. – Access mode: http://www.scrf.gov.ru/news/allnews/3136/ (access date: 05/12/2023).
5. Kovalenko V.V. Countering illegal migration as a measure to prevent crime and victimization of migrants in Russia and foreign countries // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1. – P. 82.
6. Italian rescuers were prohibited from helping refugee ships. [Electronic resource]. –Access mode: https://ria.ru/ world/20180625/1523314670.html.
7. Illegal migration abroad. [Electronic resource]. – Access mode: https://petrovka-38.com/arkhiv/item/nelegalnaya-migratsiya-za-rubezhom.
8. Melnikova S.V. Foreign experience in legal regulation of combating illegal migration // Criminological Journal. – 2021. – No. 4. – P. 25.
9. The British authorities have figured out how to escape the influx of illegal immigrants. [Electronic resource]. – Access mode: https://news.ru/europe/vlasti-britanii-pridumali-kak-spastis-ot-naplyva-nelegalov/
10. Japan: legislation and migration policy. [Electronic resource]. – Access mode: https://rospersonal.ru/facts_about_countries/yaponiya/yaponiya_zakonodatel_stvo_i_migracionnaya_politika/
11. Kuznetsova N. O. Some aspects of labor migration in the Republic of Korea // Problems of Science. – 2016. – No. 3 (45). – P. 159.
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
GAYBADULLIN Fidus Fanirovich
magister student of the Ufa State Petroleum Technical University
FEDOSOVA Elizaveta Artemovna
bachelor student of the Ufa State Petroleum Technical University
REVIEW OF LEGISLATION REGULATING THE PROCEDURE FOR ISSUING PERSONAL PROTECTIVE EQUIPMENT
Legislation on the provision of personal protective equipment to employees has undergone serious changes since September 1, 2023. Therefore, employers have an urgent need to revise the procedure of liability at their enterprises. Transition to the new issuance procedure causes difficulties for many of them.
In the course of this work, a comparative analysis of the documents on the basis of which the selection of personal protective equipment should now be carried out.
The purpose of the article is a detailed review of the newly introduced legislative acts regulating the procedure for issuing personal protective equipment.
Keywords: occupational injuries, personal protective equipment, unified standard norms, standard industry norms
Bibliographic list of articles
1. Abdrakhmanova K. N., Shabanova V. V., Fedosov A. V. et al. Application of modeling the process of accident development and risk assessment to ensure the safe operation of oil and gas complex facilities // Safety of technogenic and natural systems. – 2020. – No. 2. – P. 2-13.
2. Fedosov A.V., Shabanova V.V. Features of a risk-oriented approach in the field of industrial safety // Mining information and analytical bulletin. – 2019. – No. S7. – pp. 206-215.
3. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in labor safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 395-396.
4. Bakhonina E. I., Nasibullina V. A., Tazhetdinova A. A., Yakhina E. N. Changes in labor protection legislation related to the procedure for assessing professional risk // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 387-388.
5. Fedosov A.V., Idrisova K.R., Nasibullina V.A., Konstantinova O.V. Review of changes in legislation establishing requirements fororganizations operating equipment under excess pressure // Eurasian Legal Journal. – 2021. – No. 7 (158). – pp. 454-456.
6. Bakhonina E. I., Nasibullina V. A. Review of changes in legislation establishing requirements for assessing professional risks at an enterprise // Safety of technogenic and natural systems. – 2022. – No. 2. – P. 31-35.
POLICY 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
TAZHETDINOVA Azaliya Azamatovna
magister student of the Ufa State Petroleum Technical University
GANIEV Alik Mascurovich
magister student of the Ufa State Petroleum Technical University
PROBLEMS OF LABOR PROTECTION LEGISLATION AND WAYS TO SOLVE THEM
The issues of legislation on labor protection are relevant, because despite the rights of citizens to safe work and guarantees of their implementation enshrined in the Constitution, as well as the reduction of accidents at hazardous production facilities of the oil and gas industry, the overall situation with the provision of safe working conditions remains insufficiently satisfactory.
The purpose of the article is to identify theoretical and practical problems of the legal organization of labor protection at the enterprises of the oil and gas industry.
Keywords: labor protection, Constitution, federal law, criminal liability, judicial practice.
Bibliographic list of articles
1. Fedosov A.V., Abdrakhmanov N.Kh., Badrtdinova I.I., Khamitova A.N., Muratova R.R. Risk management to ensure life safety // Life Safety. – 2021. – No. 10 (250). – pp. 28-35.
2. Abdrakhmanov N. Kh., Fedosov A. V., Khamitova A. N., Badrtdinova I. I., Matuzov G. L. Main aspects of assessing vibroacoustic factors // Safety of technogenic and natural systems. – 2021. -No. 3. – P. 13-22.
3. 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 occupational safety management system // Safety of technogenic and natural systems. – 2022. – No. 1. – P. 4-8.
4. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in occupational safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 395-396.
5. Fedosov A.V., Gafarova K.A., Kuzhaeva K.F. Analysis of key changes in labor legislation on labor protection in 2022 // Bulletin of a young scientist of USPTU. -2022. – No. 4 (20). – pp. 84-88.
POLICY AND LAW
ALLAHVERDIEVA Fatima Khanlar kyzy
postgraduate student of Political analysis and social-psychological processes sub-faculty of the G. V. Plekhanov Russian Economic University
BOCHARNIKOV Igor Valentinovich
Ph.D. in pedagogical sciences, associate professor of Political analysis and social-psychological processes sub-faculty of the G. V. Plekhanov Russian Economic University
POLITICAL MECHANISMS OF INTERACTION BETWEEN NPOS AND GOVERNMENT BODIES AND CIVIL SOCIETY INSTITUTIONS
The article is devoted to the problem of developing mechanisms for interaction between non-profit organizations and executive bodies of state power, as well as with civil society institutions. An analysis of existing theoretical approaches to the analysis of mechanisms of interaction between non-profit organizations and executive bodies of government is presented; significant concepts within the framework of the development of this issue are identified.
Keywords: NGOs, civil society, authorities, Russia, society.
Bibliographic list of articles:
1. Yarovova T.V. Problems of educating youth in modern Russia // In the collection: Teacher of a new school and issues of educating the younger generation. Materials of the Pedagogical Forum. Edited by N. E. Shchurkova, M. I. Mukhin. – 2014. – pp. 89-94.
2. Economic and Social Council // United Nations. [Electronic resource]. – Access mode: https://www.un.org/ecosoc/ru/home (access date: 09.20.2023).
3. Rating of corporate and private charitable non-profit organizations in 2022. [Electronic resource]. – Access mode: https://raex-rr.com/pro/NKO/largest_NKO/corporate_private_nko/2022/methods/#:~: (date of access: 09.20.2023).
4. Perko M.V. State and non-statepublic sectors of the economy: forms and mechanisms of interaction in the provision of social services // Bulletin of ASTU. Series: Economics. – 2021. – No. 1.
5. Federal Law “On Charitable Activities and Volunteering (Volunteering)” dated August 11, 1995 No. 135-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_7495/ (date of access: 09.20.2023).
6. Russian society and the challenges of the time. Book five / [Gorshkov M.K. et al.] (2020); ed. M. K. Gorshkov, V. V. Petukhov. – Moscow: The whole world.
7. Arzhaev F.I., Mehdiev E.T. ESG standardization and its informal institutions // Risk Management. – 2022. – No. 4 (104). – pp. 30-36.
POLICY AND LAW
MATEVOSOVA Elena Konstantinovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF LAND EASEMENTS
The article examines current problems of the formation and implementation of Russian legal policy in the field of regulation of the development and application of various quantum technologies. The author of the article analyzes in detail certain provisions of the current Concept for regulating the quantum communications industry in the Russian Federation until 2030, justifying the strategic importance of this policy area for ensuring information security and strengthening the technological sovereignty of the state.
Keywords: quantum technologies, communications, quantum sovereignty, legal policy, information security, technological sovereignty.
Bibliographic list of articles
1. Zubarev S. M. Implementation of the National Technology Initiative: on the relationship between the concepts of “administrative barriers” and “legal barriers” // Administrative law and process. – 2018. – No. 10. – P. 4-9.
2. Andreev V.K. Organizational and legal forms of incorporating high technologies into industrial production // Lawyer. – 2023. – No. 9. – P. 35-40.
3. Talapina E. V. Human rights and digital sovereignty // State power and local self-government. – 2020. – No. 6. – P. 10-15.
4. Zharova A.K. Ensuring the information sovereignty of the Russian Federation // Lawyer. – 2021. – No. 11. – P. 28-33.
EDAGOGY AND LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
FEDOROV Arseniy Vadimovich
Ph.D. in pedagogical sciences, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
INTERACTIVE TEACHING METHODS IN THE STUDY OF OFFICIAL LAW
The solution to the problem of increasing the efficiency of public administration is conditioned by the need to provide high-quality professional training of state civil and municipal employees, including their mastery of the basic concepts of official law. The authors of the article draw attention to the fact that the greatest effect when studying the basic concepts of training courses related to service law is brought by the use of interactive teaching methods, such as role-playing, solving situational tasks, quests to consolidate the concepts studied, performing research and individual tasks within the framework of scientific research of individual teachers and organizations of higher education in general. The use of these methods in the educational process not only contributes to the activation of students’ mental activity, but also to the formation of professional qualities necessary for filling positions in the system of state civil and municipal service.
Keywords: interactive teaching methods, service law, state civil and municipal service, organizations of higher education.
Bibliographic list of articles
1. Andryukhina I. Yu., Pekhova L. L., Tikhomirova E. N. Competence assessment in the system of state civil and municipal service // Eurasian Legal Journal. 2022. No. 6 (169). pp. 129-130.
2. Safonova L. Yu. Methods of interactive learning: Methods of interactive learning. [Electronic resource]. – Access mode: filialpskovgu.ru
3. Active forms and methods of teaching in higher education. Contextual approach in higher education. [Electronic resource]. – Access mode: studfile.net
4. Bokarev Yu. P. The first pension systems of the Russian Empire //Bulletin of SUSU. Series “Social Sciences and Humanities”. 2018. T. 18. No. 4. P. 15.
5. A set of test questions for compliance with basic qualification requirements for civil servants 2023. [Electronic resource]. – Access mode: https://gos-sluzhba.ru/
EDAGOGY AND LAW
BUI Thi Lu
master of the Hanoi Open University
SOLUTIONS TO INCREASE THE EFFICIENCY OF MANAGEMENT OF CURRENT ONLINE TEACHING ACTIVITIES IN VIETNAMESE UNIVERSITIES
With outstanding advantages, online teaching has become an inevitable trend in the digital era and an important solution chosen by many universities to improve training quality and development scale of the universities.
The article analyzed the context and requirements for online teaching activities at universities, overall assessed the status of management of online teaching activities at Vietnamese universities. On that basis, the author proposes some solutions to improve the effectiveness of the management of online teaching activities at Vietnamese universities in the current context.
Keywords: solution, online learning, Vietnam, digital transformation, development, university, science, management.
Bibliographic list of articles
1. Government (2010). A scheme to quickly transform Vietnam into a strong country in the field of information and communications.
2. Government (2005). Higher education reform program for 2006-2020
3. Nguyen Dung. (2018). Interactive learning based on a competency-based approach in B-learning for student teachers in the field of information technology. Doctoral dissertation. Hanoi University of Science and Technology.
4. Cuach Tuan Ngoc (2009). Application of information technology in the education sector for e-learning. Ministry of Education and Training of Vietnam.
5. Tran Thi Lan Thu (2019). Managing online learning in universities in Vietnam. Doctoral dissertation. Academy of Social Sciences. Vietnam Academy of Social Sciences.
6. UNESCO, 2002. Open and distance learning – trends, policy considerations and strategies. UNESCO Division of Higher Education, 2002
7. Uwasara, D., Heshan, I. (2010). E-learning in higher education in agriculture: a case study // Journal of Emerging Trends in Educational Research and Policy Studies (JETERAPS). Scholarlink Research Institute Journals (2). pp. 80-83.
8. Wilen T., Hunger D. (2008). Strategic management and business policy. Person International Edition. Eleventh edition, USA.
EDAGOGY AND LAW
VERKHOZINA Olga Alexandrovna
Ph.D. in psychological sciences, associate professor of Social and humanitarian disciplines sub-faculty of the Russian Biotechnological University
MAKAROVA Tatyana Yurjevna
Ph.D. in psychological sciences, Director of the Institute of Biotechnology and Global Health of the Russian Biotechnological University
THE ROLE OF A UNIVERSITY TEACHER IN CREATING CONDITIONS FOR EDUCATION AND UPBRINGING, THE REALIZATION OF THE RIGHT OF STUDENTS WITH DISABILITIES AND DISABILITIES TO AFFORDABLE, HIGH-QUALITY EDUCATION IN HIGHER EDUCATION INSTITUTIONS
The article was prepared within the framework of the State assignment for the provision of public services (performance of works) according to the FSMF-2023-0008 project “Formation of motivation among students with disabilities and disabilities to master the profession of” technologist” in the higher education system”. The article deals with the problems of realizing the right of students with disabilities and disabilities to affordable and high-quality education in higher education institutions. One of the conditions contributing to the adaptation, professional socialization of students with disabilities and disabilities is the readiness of the teaching staff to study, educate this category of students, taking into account their nosological, age and individual characteristics.
Keywords: students with disabilities and disabilities in educational institutions of higher education, realization of the right of students with disabilities and disabilities to quality higher education, teacher readiness to work with students with disabilities and disabilities.
Bibliographic list of articles
1. Gluzman Yu. V. Theory and practice of inclusive education at universities: domestic and foreign experience. – Simferopol: IT “ARIAL”, 2019. – 244 p.
2. Organization of an accessible educational environment for students with disabilities at the university. Textbook for students and teachers of higher education institutions. – M.: Federal State Budgetary Educational Institution of Higher Education MGPPU, 2022. – 113 p.
EDAGOGY AND LAW
JAVADYAN Yuriy Rachikovich
lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE CONCEPT OF PERSONALITY-DEVELOPING EDUCATION IN THE DEVELOPMENT OF VALUE-SEMANTIC ORIENTATIONS OF CADETS OF THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article proposes to consider issues related to the development of spiritual and moral orientations of students in the educational organization of the Ministry of Internal Affairs of Russia, the creation of pedagogical conditions of value-semantic orientation in the training of cadets, the role of moral education of personality in the learning process, its influence on the formation of personality, which is due to the personal qualities of the teacher, the concept of personality-developing education in the training of cadets, the content and purpose of personality- education developing as a comprehensive development of personality is considered, including the development of spiritual and moral orientations of students.
Keywords: training, educational process, values, value-semantic orientation, pedagogical conditions, spiritual and moral guidelines, the concept of personal development education.
Bibliographic list of articles
1. Alekseev N. A. Personality-oriented learning: questions of theory and practice. – Tyumen, 1997. – 216 p.
2. Andreev V.I. Dialectics of education and self-education of a creative personality. – Kazan: KSU Publishing House, 1988. – 238 p.
3. Bozhovich L. I., Konnikova T. E. Moral formation of a schoolchild’s personality in a team – M., 2000. – 312 p.
4. Vygotsky L. S. Educational psychology / Ed. V.V. Davydova. – M.: AST-Astrel – Guardian, 2008. – 671 p.
5. Zeer E.F. Psychology of vocational education: a textbook for students. higher textbook establishments. – M.: Publishing Center “Academy”, 2008. – 375 p.
6. Kraevsky V.V. Problems of scientific substantiation of training: methodological analysis. – M:. Pedagogy, 1977. – 125 pp.
7. Menchinskaya N. A. Problems of education, training and mental development of a child. – M.: MPSI, Voronezh: Modek, 2004. – 512 p.
8. Tsvyk V. A., Tsvyk I. V. et al. Scientific and technological progress and the ethical paradigm of the XXI century. – M., 2018.
9. Rubinstein S. L. Problems of general psychology. – M., 1973. – 424 p.
10. Serikov V.V. Towards the creation of a theory of personal development education: the search for methodological foundations / In the book. “Pedagogical science and its methodology in the context of modern times” // Ed. V.V. Kraevsky, V.M. Polonsky. – M., 2001. – P. 109-115.
11. Shalin M.I. Organizational and pedagogical conditions for the development of competitiveness of a high school student’s personality // Theory and practice of education in the modern world: materials of the III International. scientific conf. (St. Petersburg, May 2013). – St. Petersburg: Renome, 2013. – pp. 47-49.
EDAGOGY AND LAW
GALIMOVA Elena Gennadjevna
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
DZYUBA Alexander Svyatoslavovich
Ph.D. in pedagogical sciences, associate professor, professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
RUDENKO Evgeniy Fedorovich
senior lecturer of Fire training sub-faculty of the St. Petersburg University of the MIA of Russia
INTRODUCTION OF RUGBY INTO THE PROCESS OF PHYSICAL EDUCATION OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA AS A MASS SPORT
The article gives a retrospective look at rugby, reveals the specifics of rugby as a sport, the nature and intensity of the necessary physical activity for those involved, actualizes the applied significance of the formed motor actions for law enforcement officers. The special importance of holding mass sports events at the sites of educational organizations at various levels is noted, which, of course, according to the authors, contributes to the promotion of a healthy lifestyle, a value attitude to one’s own health, increased motor activity , psychological unloading of young people, switching attention from deviant behavior. The prospect of introducing rugby as a mass sports event in order to increase the sports employment of cadets of educational organizations of the Ministry of Internal Affairs of Russia is evaluated. The effectiveness of the introduction of the rugby sports game into the pedagogical system of the educational process of physical training and the possible organizational and methodological problems and risks associated with this introduction are analyzed.
Keywords: Rugby, sports, healthy lifestyle, mass sports events, physical training, cadets of educational organizations of the Ministry of Internal Affairs of Russia.
Bibliographic list of articles
1. Burov A. E., Lakeikina I. A., Begmetova M. Kh., Nebratenko S. V. Physical culture and sports in modern professions: Textbook. Saratov: University Education, 2022. 296 pp.
2. Silkin N. N., Naumov I. P., Lapkin V. I. Development of the sport of rugby in law enforcement agencies // Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies: materials of the XVIII International Scientific and Practical Conference : in 2 volumes, Irkutsk, June 16-17, 2016. Volume 1. Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. P. 255-259.
3. Sobornov A.V., Budakov A.N. Improving special physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia using the game of rugby // In the collection: Physical culture and sports in the structure of professional education: retrospective, reality and future. Proceedings of the regional conference. 2019. pp. 199-203.
4. Tabarin V.N., Silaev M.E., Zharikov N.N. Formation of military-applied skills among military personnel with the help of playing rugby // in the collection: modern trends in the development of the theory and methodology of physical culture, sports and tourism. materials of the IV All-Russian scientific and practical conference with international participation. Ministry of Sports of the Russian Federation; Federal State Budgetary Educational Institution of Higher Education “Moscow State Academy of Physical Culture” Russian Biathlon Union. 2020. pp. 286-292
5. Egorov V. Yu., Gorovenko E. S., Shaidullov A. R. [etc.]. Rugby in sports and pedagogical improvement of the military institute of physical culture: Textbook. St. Petersburg: Military Institute of Physical Culture, 2022. 84 p.
6. Egorov V. Yu., Shaidullov A. R., Niyazov V. V., Mitryushin A. S. Training of rugby players in a military educational institution of the Ministry of Defense of the Russian Federation // Current problems of physical and special training of power structures. 2021. No. 4. P. 133-137.
7. Nalobina A. N., Khokhlov S. B. Prevention of injuries in professional rugby players // Olympic sport and sport for all: materials of the XXV International Scientific Congress: at 2 o’clock, Minsk, October 15-17, 2020. Volume Part 1. Minsk: Educational Institution “Belarusian State University of Physical Culture”, 2020. P. 405.
8. Pogrebnoy A.I., Komlev I.O. Modern world trends in sports training in rugby (review of foreign literature) // Physical culture, sport – science and practice. 2019. No. 3. P. 84-91.
9. Galimova A. G., Sakhiulin A. A. Possibilities for increasing the physical fitness of cadets and students of a law enforcement university based on maximum power exercises // Bulletin of the Buryat State University. 2014. pp. 49-52.
10. Galimova A. G., Tsinker V. M., Sakhiulin A. A. Genesis and development of professional physical culture // Bulletin of the Buryat State University. 2014. No. 13. P. 44-48.
11. Pylev A. S. Organization of the process of training young rugby players in a secondary school: abstract of thesis. … candidate of pedagogical sciences: 13.00.04; [Place of protection: Moscow. state acad. physical culture]. Malakhovka, 2007. 26 p.
12. Galimova A. G., Struganov S. M. Theoretical foundations of adaptation to physical activity of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: textbook. allowance Irkutsk: FGKOU VO VSI Ministry of Internal Affairs of Russia, 2019. 156 p.
13. Kuptsova V. G., Bobrova G. V., Pavlov S. P. The influence of mass sports events on the attitude towards physical activity of university teachers // Scientific notes of the University. P.F. Lesgafta. 2022. P. 175.
14. Pyrchev S.V., Mitin A.A. System of organizing sports events in the territorial bodies of the Ministry of Internal Affairs of Russia // Pedagogical technologies for the formation of professional competencies of police officers: Electronic collection of materials, Belgorod, March 29, 2019 / Belgorod Law Institute of the Ministry of Internal Affairs of Russia . Belgorod: Belgorod Law Institute of the Ministry of Internal Affairs of the Russian Federation named after. I. D. Putilina, 2019.
15. Korobov M. Yu., Musatov F. V., Shiyanov G. P. Current problems of scientific and methodological support for rugby-7 // Abstracts of the XXXVIII scientific conference of students and young scientists of universities of the Southern Federal District, Krasnodar, December 01, 2010 – 31 2011. Volume 1. Krasnodar: Federal State Budgetary Educational Institution of Higher Education “Kuban State University of Physical Culture, Sports and Tourism”, 2010. P. 84-85.
EDAGOGY AND LAW
KUGNO Eduard Eduardovich
Ph.D. in pedagogical sciences, associate professor, Director of the Irkutsk branch of the Russian University of Sports “GTSOLIFK”, associate professor of Physical culture and sports sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
KARIMOV Albert Amirovich
Ph.D. in pedagogical sciences, associate professor, Head of Tactical and special training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GOVORUN Alexander Yurjevich
lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
DRUZHININ Andrey Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of physical training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
BARKALOV Sergey Nikolaevich
Ph.D. in pedagogical sciences, associate professor, Head of Physical training and sports sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
THE INFLUENCE AND ROLE OF GYMNASTIC EXERCISES ON INCREASING THE PHYSICAL DEVELOPMENT AND PHYSICAL FITNESS OF CADETS AND STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article raises an urgent problem that is associated with the role of physical education, namely the determining role of gymnastic exercises in increasing the level of physical fitness and health of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia . The role of regular and systematic gymnastic exercises on the development of the body of future young employees is shown, as well as their influence on the development of their physical qualities, improving physical fitness, increasing the overall level of performance, strengthening the mental state, improving mood, preventing injuries and self-confidence. The introduction of complexes of gymnastic exercises into the teaching process of modern education will improve the professional competencies of students, strengthen not only their physical, but also their general health, which will subsequently have a positive impact on the overall level of health of the Nation .
Keywords: gymnastic exercises, cadets and students, physical qualities, general level of health, performance, physical fitness, mental state, educational process.
Bibliographic list of articles
1. Barkalov S.N. Organizational and methodological features of conducting classes in applied gymnastics with cadets of educational organizations of the Ministry of Internal Affairs of Russia // Science-2020. – 2020. – No. 1(37). – pp. 6-12.
2. Vilensky M. Ya. Personal development approach in the formation of physical culture of students // Physical education and children’s and youth sports. – 2017. – No. 1. – P. 41-47.
3. Koipysheva E. A., Lebedinsky V. Yu., Aldoshin A. V., Struganov S. M. The influence of health technologies on the physical fitness of female students of non-core universities // Theory and practice of physical culture. – 2021. – No. 7. – P. 64-66.
4. Tiguntsev S. A., Bomin V. A., Kugno E. E., Cherkashin A. V. On the issue of the formation of extracurricular forms of physical activity in universities // Physical culture and sport in higher educational institutions: current issues of theory and practices: Materials of the national scientific and practical conference (St. Petersburg, November 16-18, 2021). – St. Petersburg: St. Petersburg State Agrarian University, 2021. – pp. 600-603.
5. Litvinova O. P. The influence of recreational aerobics on the development of motor qualities of girls 18-20 years old // Pedagogy, psychology and medical and biological problems of physical education and sports. – 2009. – No. 10. – P. 118-121.
6. Struganov V. S., Kugno E. E., Bondar A. Ya. Adaptive physical culture as a means of social integration of persons with disabilities // Improving professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies: Materials of international scientific research -practical conference (Irkutsk, October 07, 2022). – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of Russia, 2022. – P. 439-441.
7. Struganov S. M. Improving the organizational and methodological approach to physical training in sports improvement groups // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (63). – pp. 96-103.
8. Struganov S. M., Grushko V. M., Glubokiy V. A. Increasing the positive attitude of young people to physical culture and sports as the basis for personal education (on the example of cadets of the East Siberian Institute of the Ministry of Internal Affairs of Russia) // Police activity. – 2020. – No. 4. – P. 9-17.
9. Struganov S. M., Sankov P. A., Glubokiy V. A. Organization of free time for students in modern society // Scientific notes of the University. P. F. Lesgaft. – 2019. – No. 10 (176). – pp. 344-349.
EDAGOGY AND LAW
KHROMOV Aslan Mukhametbievich
lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
TRAINING OF POLICE OFFICERS IN SELF-DEFENSE IN CASE OF AN ATTACK BY A CRIMINAL
The ability to resist criminals who encroach on the life and health of police officers is for the latter the most important indicator of professionalism and the key to the successful implementation of the functions assigned to them. In the course of training in self-defense skills, it is necessary to consider and try to regulate as many situations of aggression as possible that a police officer may encounter at home and in the line of duty. This work is devoted to the peculiarities of the selection of training tools and the nuances of tactical training.
Keywords: physical training, independent training of students of educational organizations, combat techniques, means and methods of training, methods of physical development
Bibliographic list of articles
1. Barkalov S. N. Current aspects of training police officers to suppress the actions of an offender with a firearm // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2018. – No. 1 (74).
2. Eremin R.V. Physical training as a factor that determines the quality of professional activity and personal development. // Science and practice. – 2014. – No. 2 (59).
3. Lazarevich M.V. Disarming an offender armed with a knife // In the collection: Current problems in the development of physical culture of students of educational organizations of the Ministry of Internal Affairs of Russia, collection of articles. – Orel, 2018.
4. Struganov S. M., Lapin D. A. Methods of adaptation of law enforcement officers to the stressful conditions of operational-service and service-combat activities during physical training classes // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. (48).
SOCIOLOGY AND LAW
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
BARBAKOV Grigoriy Olegovich
Ph.D. in Law, associate professor of the Tyumen Industrial University
IMPLEMENTATION OF SOCIO-CULTURAL RIGHTS OF RESIDENTS PROVINCIAL CITIES
The article raises an urgent problem of modern reality – the implementation of the sociocultural rights of residents of provincial cities, which will contribute to the consolidation of residents of provincial cities in their native land, small homeland. For this purpose, an online survey was conducted, which revealed the sociocultural sentiments of city residents, including those related to the activities of the Center of National Cultures. This will allow managers to accept me to increase the satisfaction of residents in the exercise of their rights in the sociocultural sphere.
Keywords: sociocultural rights, implementation of rights in the sociocultural sphere, provincial town, national culture, original culture.
Bibliographic list of articles
1. Decree of the President of the Russian Federation “On the Strategy of the State National Policy of the Russian Federation for the period until 2025.” [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902387360 (date of access: 09/30/2023).
2. Vorobyov E. M. Interethnic relations in the Tyumen region: dynamics and trends. – Tyumen: TyumGNGU, 2014. – 196 pp.
3. Khairullina N. G. Interethnic relations in a multi-ethnic Russian region: a sociological dimension // Bulletin of the Kazan State Technical University. A. N. Tupolev. – 2013. – No. 1. – P. 182-184.
4. Khairullina N. G. Free time: assessment and opinion of Tyumen residents // News of higher educational institutions. Sociology. Economy. Policy. – 2011. – No. 1. – P. 63-66.
5. Artyukhov A.V. Trends in the ethnocultural situation in the northern region // Knowledge. Understanding. Skill. – 2012. – No. 3. – P. 106-109.
6. Khairullina N. G., Salikhova A. R. Interethnic interactions and ethnic identity of the Tatars of the south of the Tyumen region: traditions and innovations. – Tyumen, 2003.
LANGUAGE AND LAW
MAKAYEVA Guzal Zaynagievna
Ph.D. in philosophical sciences, associate professor of Foreign languages sub-faculty of the Institute of Economics and Management of Kazan State University of Architecture and Engineering
MAKAYEV Khanif Fahretdinovich
Ph.D. in pedagogical sciences, associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
CHERKASOVA Tatyana Sergeevna
senior lecturer of Foreign languages sub-faculty of the Institute of Economics and Management of the Kazan State University of Architecture and Engineering
LEGAL ENGLISH IN THE PROCESS OF FOREIGN LANGUAGE TRAINING OF UNIVERSITY STUDENTS
The demand for specialists who speak English is currently relevant, particularly in the legal field. This is due to the rapid development of international economic, political and legal relations between countries. Despite recent events in the world related to the pandemic, the imposition of sanctions, which to some extent have suspended the processes of interaction and integration with foreign countries, the development of professional foreign language skills remains one of the priority goals of specialist training. Achieving this goal is facilitated by paying special attention to teaching legal English at the university. The paper examines the issue of high-quality translation of the legal language in order to avoid errors in the general system of international law. The necessity of studying of features of legal English are pointed out in terms of its origin, linguistic structure and punctuation. Research methods were observation, analysis, comparison. The results obtained can make a certain contribution to pedagogical science.
Keywords: legal language, student, translation, specialist, training, linguistic structure, method.
Bibliographic list of articles
1. Uskova T.V. History of the formation of English legal terminology // Bulletin of MSLU. Humanitarian sciences. – 2019. – Issue. 13 (829). – pp. 96-105.
2 Kuznetsova S. V., Geamma D. V. Some questions about teaching professionally – oriented English language // Innovative science. – 2015. No. 12. – R. 229-230.
3. Deryugina I. V. Peculiarities of studying legal English // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 11 (39). – pp. 16-18.
4. Kurchinskaya-Grasso N. O. Features and main characteristics of legal English // Litera. – 2020. – No. 12. – P. 177-182.
ECONOMY. RIGHT. SOCIETY
GANIN Pyotr Viktorovich
postgraduate student of NGBU “Center for Advanced Economic Research” of the Academy of Sciences of the Republic of Tatarstan
MAIN METHODOLOGICAL APPROACHES TO ASSESSING THE EFFICIENCY OF DIGITALISATION OF ENTERPRISES
The article systematizes the main methodological approaches to assessing the effectiveness of the digitalization process of modern companies. It is shown that the basic approaches of this kind are sociological, expert, economic-statistical and complex approaches to the study of the effectiveness of digitalization and the justification of the directions of its improvement. Within each of the approaches, the main methods of evaluating the effectiveness of the digitalization process of companies are highlighted. It is shown that the most correct is the use of synthesis of tools of economic-statistical and integrated approaches to the problem under consideration.
Keywords: digitalization, digital economy, digital management, expert assessment, sociological analysis, statistical methods, balanced scorecard.
Bibliographic list of articles
1. Gutsykova S. V. Method of expert assessments: theory and practice. – M.: From the Institute of Psychology of the Russian Academy of Sciences, 2011. – 244 p.
2. Demyanova O. V. Classical methods of strategic management – Kazan: TsPEI, 2009. – 142 p.
3. Kaplan R., Norton D. Strategic maps. – M.: Olympus-business, 2023. – 482 pp.
4. Harnish V. Rules for profitable startups. – M.: Mann, Ivanov and Ferber, 2022. – 346 pp.
5. Abrams R. Entrepreneurship: A Real-World Approach. – Redwood City: Planning Shop, 2022. – 286 p.
6. Boyer R. The Variety and Unequal Performance of Really Existing Markets: Farewell to Doctor Pangloss // Contemporary Capitalism: The Embeddedness of Institutions / J. R. Hollingsworth, R. Boyer (eds.). – Cambridge: Cambridge University Press, 1999. – P. 62-65.
ECONOMY. RIGHT. SOCIETY
GUSMANOV Rasul Uzbekovich
Ph.D. in economical sciences, professor, professor of Economics and management sub-faculty of the Bashkir State Agrarian University
GRIDNEVA Olga Vyacheslavovna
Ph.D. in Law, associate professor, associate professor of Organization of financial, economic, material and technical provision sub-faculty of the Academy of Management of the MIA of Russia
SUBKHANGULOV Rustem Raisovich
Ph.D. in economical sciences, associate professor, Head of Management in internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
HUMAN CAPITAL AS A CONDITION FOR THE FORMATION OF AN INNOVATIVE ECONOMY
The article examines one of the factors of production – labor resources. The factors influencing the conditions of extensive and intensive production are analyzed, the main of which are the level of labor productivity and wages paid to the employee. A special place in the article is given to economic growth, which can be increased by increasing investments in people and creating the scientific potential of the state to investments attract into the country’s economy and locate production facilities.
Keywords: labor, innovation, innovative potential, employer, scientific potential.
Bibliographic list of articles
1. GDP per capita and productivity: Organization for Economic Co-operation and Development website. [Electronic resource]. – Access mode: http://stats.oecd.org/index.aspx?DatasetCode=PDB_LV (access date: 09/19/2023).
2. Established gross minimum monthly wage, in US dollars: website of the International Labor Organization. [Electronic resource]. – Access mode: https://ilostat.ilo.org/topics/wages/ (accessed September 19, 2023).
3. Subkhangulov R. R. The influence of financial resources on the innovative activity of organizations // Financial markets and banks. – 2021. – No. 12. – P. 45-48.
ECONOMY. RIGHT. SOCIETY
DATSENKO Sergey Vitaljevich
associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RISKS FEATURES IN THE OIL AND GAS ENTERPRISE’S PROCUREMENT ACTIVITIES
The article systematizes the risks that arise at individual stages of the procurement process, taking into account the specifics of an oil and gas enterprise. An analysis of risk management aspects showed the high importance of constant monitoring of market prices and a more in-depth study of the supply structure, especially in the context of tightening sanctions.
Keywords: stages of procurement, procurement process risks, oil and gas enterprises.
Bibliographic list of articles
1. Kyarimova T. Transport and logistics features of the supply process at oil and gas enterprises. Neftegaz.RU. – 2014. – No. 3-4. [Electronic resource]. – Access mode: https://magazine.neftegaz.ru/articles/aktualno/656545-transportno-logisticheskie-osobennosti-protsessa-postavki-na-neftegazovykh-predpriyatiyakh/ (date of access: 02/03/2023).
2. Datsenko S.V., Khanin V.A. Point assessment as a tool for controlling procurement efficiency // Neftegaz Territory. – 2022. – No. 9-10. – pp. 20-23. [Electronic resource]. – Access mode: https://neftegas.info/tng/-9-10-2022/ballnaya-otsenka-kak-instrument-kontrollinga-effektivnosti-zakupki/?sphrase_id=59046 (date of access: 02/01/2023).
ECONOMY. RIGHT. SOCIETY
ZARIPOV Airat Yansurovich
Ph.D. in philosophical sciences, professor of Economic theory sub-faculty of the Ufa University of Science and Technology
LABOR MOBILITY OF THE POPULATION AND WAYS TO OPTIMIZE IT
For the development of the economy, its fullness of personnel is extremely important. In the conditions of structural restructuring of the economy, as well as maintaining the pace of its development, the problem of shortage of personnel is solved by increasing the labor mobility of the population. There are state and regional programs and subprograms aimed at solving this problem. But there are a number of problems that are discussed in this article.
Keywords:economy, labor mobility, program, region, salary, market, labor.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: https://www.vedomosti.ru/management/articles/2023/04/19/971638-povisit-trudovuyu-mobilnost-rossiyan (date of access: 09/26/2023).
2. [Electronic resource]. – Access mode: https://www.vedomosti.ru/management/articles/2023/04/19/971638-povisit-trudovuyu-mobilnost-rossiyan (date of access: 09/26/2023).
3. [Electronic resource]. – Access mode: https://finexpertiza.ru/press-service/researches/2023/trud-migr-sniz/ (access date: 10/5/2023).
4. [Electronic resource]. – Access mode: https://gilsocmin.ru/ru/node/1837 (date of access: 09/16/2023).
5. Territorial body of the federal government serviceth statistics for the Republic of Bashkortostan. Press release dated 04/07/2023 No. 07-1-13/13.
ECONOMY. RIGHT. SOCIETY
PLESHIVTSEVA Anna Alexeevna
Ph.D. in economical sciences, associate professor of Organization and technology of service activities sub-faculty of the Institute of Tourism, Service and Creative Industries of the Southern Federal University, Rostov-on-Don
ZASHCHITINA Elena Konstantinovna
Ph.D. in economical sciences, associate professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, branch in Taganrog
ISSUES OF INTERPRETATION OF THE TERM “EDUCATIONAL SERVICES” IN RUSSIAN AND WORLD PRACTICE: ECONOMIC AND LEGAL APPROACH
The interpretation of approaches to defining the concept of “educational services” and the precise definition of their functions is not only in the field of view of educational institutions, but also of state socio-political and economic institutions. It is especially difficult to draw a line between the educational function of educational activities and the economic benefits of services regulated by the market. The purpose of this article is to study the interpretation of the term “educational services” from the perspective of their economic and legal nature. To achieve this goal, Russian and foreign examples and features are considered, and emphasis is placed on the need to develop certain types of educational services focused on self-realization, self-determination, improving the quality of education.
Keywords: educational services, global education services market, competitiveness, legal framework, innovative educational activities, world economy, export of educational services.
Bibliographic list of articles
1. General Agreement on Trade in Services (GATS). [Electronic resource]. – Access mode: http://www.rgwto.com/wto.asp?id=3668&doc_id =2111 (date of access: 07/10/2023).
2. Services, value added (current US$) / The World Bank. [Electronic resource]. – Access mode: https://data.worldbank.org/indicator/NV.SRV.TOTL.CD (access date: 07/10/2023).
3. The global higher education technology market is projected to grow from $85.43 billion in 2021 to $169.72 billion in 2028 at a CAGR of 10.3% in forecast period… / Fortune business Insights. [Electronic resource]. – Access mode: https://www.fortunebusinessinsights.com/higher-education-market-104503 (access date: 07/10/2023).
4. Global online education market (analytical review: history, trends, prospects, forecasts). [Electronic resource]. – Access mode: https://habr.com/ru/articles/675612/ (date of access: 07/10/2023).
5. Ageshkina N. A. Concept and main types of educational services. [Electronic resource]. – Access mode: http://www.finexg.ru/ponyatie-i-osnovnye-vidy-obrazovatelnyx-uslug/ (date of access: 07/10/2023).
6. Lipkina E. D. Competitiveness of universities in the modern market of educational services: monograph. – Omsk: Omsk State Pedagogical University, 2006. – 138 pp.
7. Zashchitina E. K. The influence of the internationalization of higher education on the increase in the country’s non-resource exports: dis. …cand. econ. Sci. – Rostov n/d., 2019. – 233 p.
8. Zaid Yaseen Saud Al-Dulaimi. Education, Educational Services and their Quality // Journal of Marketing Management. – June 2016. Vol. 4.No. 1. – Pp. 58-66.
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
AVDEEVA Larisa Alexeevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
IBATULLINA Diana Ildusovna
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
JUSTIFICATION OF SELECTION OF PRIORITY SECTIONS DURING PLANNING OVERHAUL OF MAIN GAS PIPELINES
The article discusses the methodology for justifying the selection of priority sections when planning major repairs of main gas pipelines. An integral indicator is proposed that takes into account both the actual technical condition of the gas pipeline section and a set of factors that influence the amount of economic damage from the accident. In contrast to existing approaches based on assessing the total technogenic risk for main gas pipeline sections and requiring the preparation and processing of a large amount of data, the proposed methodology allows you to quickly make decisionsin the ongoing planning of repair and preventative measures on main gas pipelines.
Keywords: planning, major repairs, main gas pipeline, assessment, technogenic risk, economic damage from an accident, factor, ranking.
Bibliographic list of articles
1. Recommendations for taking into account the influence of technical, technological, natural, climatic and other factors when predicting accident rates on the main gas pipelines of OAO Gazprom. – M.: OJSC “Gazprom”, 2007. – 118 p. / approved 03/27/2007.
2. Safety Guide “Methodology for assessing the risk of accidents at hazardous production facilities of main pipeline gas transport” (approved by Order of Rostekhnadzor dated December 26, 2018 No. 647). [Electronic resource]. – Access mode: http://docs.cntd.ru (date of access: 10/21/2023).
3.STO Gazprom 2–2.3–351–2009. Guidelines for conducting risk analysis for hazardous production facilities of gas transportation enterprises of OAO Gazprom. – M.: OJSC “Gazprom”, 2009. – 373 p.
4. R Gazprom 2-2.3-903-2014. Methodology for calculating risks based on dynamic assessment of the hazards of natural processes. – St. Petersburg: Gazprom Expo, 2016.
5. Vlasova L.V., Gamera Yu.V., Ovcharov S.V., Petrova Yu.Yu. Methodological approaches to assessing the risk of accidents on the linear part of main gas pipelines caused by hazardous natural processes // Scientific and technical collection “Vesti Gazovoy” Sciences”. – 2017. – No. 1 (29). – pp. 171-178.
6. Pakhomov S.V. Improving the business process of repairing technological equipment in the gas industry based on a system of performance assessment indicators: Dis. …cand. econ. Sciences: – M.: RUDN, 2022. – 153 p.
7. STO Gazprom 2-3.5-302-2009. Organizational standard “Planning major repairs of the linear part of main gas pipelines.” ). [Electronic resource]. – Access mode: https://www.sinref.ru/000_uchebniki/00491_gaz_2023-6/301_00_STO_gazprom_raznie/270.htm.
8. Avdeeva L. A., Solovyova I. A., Khaidarov I. R. Methodological aspects of planning methods for capital repairs of main gas pipelines // Eurasian Legal Journal. – 2019. – No. 9 (136). – pp. 371-373.
9. Avdeeva L. A., Solovyova I. A., Khaidarov I. R. Methodological approach to taking into account risks when planning major repairs of main gas pipelines // Eurasian Legal Journal. – 2019. – No. 6 (133). – pp. 405-407.
ECONOMY. RIGHT. SOCIETY
USTINOVA Oksana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
KOLTUNOVA Yuliya Ivanovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
PSYCHOLOGICAL ASPECTS OF ADVERTISING
Advertising is considered from the standpoint of psychology. It is shown that the psychological component of advertising technologies is focused on multifunctional integrated manipulation of personality to achieve socio-political, economic and other benefits. Examples of the psychological influence of advertising on consumer behavior are given.
Keywords: advertising, psychology, consumer behavior.
Bibliographic list of articles
1. Stupina V. E., Yakubenko E. N. Emotional impact of advertising on the consumer // Current problems of modern humanities: Materials of the VIII National Scientific and Practical Conference, Bryansk, December 20, 2021 – Bryansk: Bryansk State University named after Academician I G. Petrovsky, 2021. – pp. 59-62.
2. Tolkachev A. N. Creative ways of generating ideas in management // Business and design review. – 2016. – T. 1. – No. 3. – P. 8.
3. Kirilina T. Yu., Kirilina N. A. Economic and social aspects of the influence of advertising on the economy // Social and humanitarian technologies. – 2019. – No. 1 (9). – P. 3-9
4. Egoyan E. A., Chaava D. M., Politova R. V. The essence of the influence of advertising on consumer behavior in the service sector // Economy today: current state and development prospects (Vector-2020): Collection of materials of the All-Russian Scientific Conference of Young People researchers with international participation, dedicated to the Anniversary Year at the Federal State Budgetary Educational Institution of Higher Education “Russian State University named after. A.N. Kosygin”, Moscow, May 27, 2020. Volume Part 1. – Moscow: Russian State University named after A. N. Kosygin, 2020. – P. 203-206.
5. Volkova E. A., Tseluikina T. G. Social and psychological mechanisms of the impact of advertising on consumers // Trends in the development of science and education. – 2019. – No. 48-2. – P. 5-8.
6. Khairullina N. G. Personnel management at service and tourism enterprises: a textbook. – Tyumen: Tyumen State Oil and Gas University, 2013. – 280 pp.
7. Khairullina N. G. Personnel management at trading enterprises: training manual. – Tyumen: TyumGNGU, 2012. – 324 p.
8. Kuksenok V.V. Methods and tools of the psychological impact of advertising on audiotheory of adolescence // XIV Masherov readings: materials of the international scientific and practical conference of students, graduate students and young scientists, Vitebsk, October 21, 2020 – Vitebsk: Vitebsk State University. P. M. Masherova, 2020. – pp. 312-313.
9. Ishtuganov E. M. Psychological impact of social advertising // Trends in the development of science and education. – 2019. – No. 51-2. – pp. 16-19.
10. Lygina N. I., Pyanova N. V., Alexa E. A. Psychological impact of advertising on consumers // News of the St. Petersburg State Economic University. – 2020. – No. 3 (123). – pp. 117-120.
11. Kaira Yu. V., Mikhalev I. V., Putilina Yu. Yu. The influence of advertising on the formation of the worldview of student youth // News of Tula State University. Humanitarian sciences. – 2022. – No. 2. – P. 112-126.
ECONOMY. RIGHT. SOCIETY
KHAKIMOV Ruslan Miratovich
Ph.D. in technical sciences, associate professor of “Processes and Apparatuses of the Oil and Gas Industry” sub-faculty of the Institute of Technologies and Materials of the Ufa University of Science and Technology
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Industrial safety and industrial ecology sub-faculty of the Institute of Chemistry and Protection in Emergency Situations of the Ufa University of Science and Technology, associate professor of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Economics, Management and Business of the Ufa University of Science and Technology
THE GROWTH OF DIGITAL TRANSFORMATIONS OF TECHNICAL AND TECHNOLOGICAL SYSTEMS AND TECHNOSPHERE SECURITY
Digitalization of the management environment involves the transformation of technical and technological systems of industrial complexes, which in turn provides for the presence of a safety belt for the functioning of management systems. The relevance of the study is to identify the elements of technosphere security in the current dynamics of the development of management systems. The object of research is the technical and technological systems of the national economic system. The subject of the study is technosphere safety. The purpose of the study is to consider step–by-step digital transformations of technical and technological systems from the standpoint of technosphere security. It is argued that the digital transformation of technical and technological systems is an important property of the system that allows it to respond effectively to changes in the internal or external digital environment. The article presents the composition of technical and technological systems, classifies the sources of danger. The elements of assessing the state of potentially hazardous natural and man-made objects in the digital environment are presented.
Keywords: technosphere, biosphere, ecosphere, digital environment, digitalization, victimization.
Bibliographic list of articles
1. Colin K.K. Technosphere of the XXI century and humanitarian aspects of engineering education // Biospheric compatibility: people, region, technologies. – 2023. – No. 1 (41). – pp. 3-15. – DOI 10.21869/2311-1518-2023-41-1-3-15. – EDN FHZMID.
2. Chetverik N.P. Life cycle of technosphere objects based on innovative solutions // Science and Security. – 2013. – No. 4 (9). – pp. 57-91. – EDN THQWCD.
3. Kolycheva V. A. Digitalization of data on sales of Russian art objects: the problem of mismatch between supply and demand // Discussion. – 2022. – No. 1 (110). – pp. 40-50. – DOI 10.46320/2077-7639-2022-1-110-40-50. – EDN SGCIKV.
4. Bykov A. A. “Victimism” and “victimization” as the main definitions of victimology // Colloquium-Journal. – 2019. – No. 27-10(51). – pp. 62-63. – EDN OXADFH.
ECONOMY. RIGHT. SOCIETY
TUKAYEVA Flyuza Anvarovna
Ph.D. in economical sciences, associate professor of Management in department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
TAX SECURITY: PROBLEMS AND SOLUTIONS
The article examines the factors of tax security, shows the need to maintain a balance between the level of the tax burden and the security of the revenue side of the budget. The analysis of statistical data on revenues to the consolidated budget and tax crime in the Russian Federation for 2016-2022 is carried out. It was determined that the reduction of the tax burden, the use of various preferential tax systems had a positive impact on the tax security of the country, until 2020 there was a tendency to reduce tax crimes. The popositive aspects and problems of tax provision of the country are revealed, the main directions of further strengthening of tax security in modern conditions are presented.
Keywords: tax security, tax crime, tax system.
Bibliographic list of articles
1. Korostelkina I. A., Dedkova E. G. Taxes as a tool for ensuring the economic security of the territory // The Journal of Economic Research & Business Administration. – 2020. – No. 3 (133). – P. 116.
2. Shelkoplyasova Yu. V. Problems of taxation and tax crime in modern conditions // Education. The science. Production: Materials of the X International Youth Forum with international participation, Belgorod, October 01-15, 2018. – Belgorod: Belgorod State Technological University named after. V. G. Shukhova, 2018. – P. 2850-2854.
ECONOMY. RIGHT. SOCIETY
JI Hao
postgraduate student of the St. Petersburg State University of Aerospace Instrumentation
FINANCIAL RISK MANAGEMENT SYSTEM AT ICBC – INDUSTRIAL BANK OF CHINA
The article analyzes the variety of financial risks that play an important role in the activities of commercial banks, and examines in detail the typology of risks in terms of the level of probability of realization, the level of possible financial losses, from the perspective of foresight, in accordance with various sources of their occurrence, etc. The author is based on the statement that all risks must be considered in the context of the main task of any commercial bank, which is to make financial profit. An example is the activities of ICBC – Industrial Bank of China, one of the four largest state-owned commercial banks in the country. The author gives a detailed description of the main types of banking activities and focuses on the main financial risks of this particular organization.
Keywords: financial risks, commercial bank, ICBC, Industrial Bank of China, credit risks.
Bibliographic list of articles
1. Ellington M., Stamatogiannis M., Zheng Yawen A study of cross-industry return predictability in the Chinese stock market // International Review of Financial Analysis. – 2022. – Vol. 83. – P. 111-119.
2. Hao Liu, Weilun Huang Sustainable Financing and Financial Risk Management of Financial Institutions – Case Study on Chinese Banks // Sustainability. – 2022. – Vol. 14. – Iss. 9786. – P. 56-61.
3. Shen Wei Conceptualizing the regulatory thicket: China’s financial markets after the global financial crisis. – Abingdon, Oxon. – New York. – NY: Routledge, 2021. – P. 31-38.
4. Xu Jianguo Developments and Implications of Central Bank Digital Currency: The Case of China e-CNY // Asian Economic Policy Review. – 2022. – Vol. 17. – Iss. 2. – P. 235.
5. Zhang Hongzhi Regression function model in risk management of bank resource allocation // Applied Mathematics and Nonlinear Sciences. – 2021. – Vol. 7. – Iss. 1. – P. 661-668.
ECONOMY. RIGHT. SOCIETY
MIRZOEV Rustam Fuzuli ogly
postgraduate student of the Moscow State University of Humanities and Economics
THE ECONOMY OF THE RUSSIAN OIL AND GAS COMPLEX IN THE CONTEXT OF SANCTIONS PRESSURE FROM WESTERN COUNTRIES
The article discusses the main vectors of development of the Russian oil and gas complex in the conditions of sanctions pressure from Western countries. The relevance of the study lies in the need for a meaningful theoretical analysis and monitoring on a scientific basis of the state of the national economy under the sanctions pressure of Western countries. The object of the study is the national economy. The subject of the study is the oil and gas complex as a sector of the national economy. The purpose of the study is to consider the substantive aspects of the state of the economy of the Russian oil and gas complex in the conditions of sanctions pressure from Western countries. The article argues that special attention should be paid to the search for new sales markets, the construction of logistics and technological chains of export supplies of hydrocarbons. The relationship between the state and the oil and gas complex should be aimed at developing new production areas, increasing oil recovery, creating infrastructure for processing associated petroleum gas and reorienting the supply of raw materials to Asian markets.
Keywords: oil, gas, sanctions, national economy, energy resources.
Bibliographic list of articles
1. Kiselev V.I. Global energy and modern geopolitics // Discussion. – 2022. – No. 6 (115). – P. 18-28. – DOI 10.46320/2077-7639-2022-6-115-18-28. – EDN JZSBXP.
2. MAstepanov A. M. Problems of ensuring energy security in new geopolitical conditions // Energy Policy. – 2017. – No. 1. – P. 20-37. – EDN ZREKBR.
3. Koshkin R.P. Geopolitical situation and global security issues / Strategic priorities. – 2018. – No. 2 (18). – P. 12-24. – EDN XTYHSP.
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
THE PROBLEM OF THE METHOD AND DEVELOPMENT OF A MODEL FOR STUDYING THE HISTORY OF PHILOSOPHY
The article identifies the problem of understanding the history of philosophy and postulates the need to develop a theory that will allow us to construct a method for its reconstruction. The problem of the lack of a single model that explains philosophy as a whole is emphasized, and the need to group existing philosophical trends into thematic groups and models that explain them is pointed out. The problem of organizing various philosophical trends and corresponding models that explain them is postulated. In addition, the problem of progress in the history of philosophy and a discussion about the rational nature of philosophy and its history are considered.
Keywords: history of philosophy, reconstruction of history, historiosophy, problems of philosophy, understanding of history, progress in the history of philosophy.
Bibliographic list of articles
1. Windelbandt V. From Kant to Nietzsche: The history of new philosophy in its connection with general culture and individual sciences. – M.: KANON-press, Kuchkovo pole, 1998. – 496 p.
2. Vorokhobov A.V. Hermeneutic concept in the religious and philosophical thinking of Karl Barth // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – 2009. – Issue 7. – pp. 170-182.
3. Vorokhobov A.V. Philosophical and anthropological analysis of the essential structure of human existence in the works of Paul Tillich // Philosophy and Culture. – 2017. – No. 10. – P. 70-182.
4. Hartmann N. Old and new ontology // Historical and philosophical yearbook. – 1988. – pp. 320-324.
5. Hegel G.V.F. Lectures on the history of philosophy: Book 1. – St. Petersburg: Nauka, 1993. – 349 pp.
6. Dilthey V. Construction of the historical world in the sciences of the spirit. T. 3. – M.: Triquadrata, 2004. – 419 pp.
7. Kemper D. Goethe and the problem of individuality in postmodern culture. – M., 2009. – 84 p.
8. Heidegger M. Being and time / M. Heidegger; Per. with him. V.V. Bibikhina. Kharkov: “Folio”, 2003. – 503, [9] p.
9. Jaspers K. The meaning and purpose of history: collection / Transl. with him. and comp. M. I. Levina; entry Art. and comp. P. P. Gaidenko; comment V. N. Katasonova. 2nd ed. – M.: Republic, 1994. – 528 pp.
10. Oehler K. Die Geschichtlichkeit der Philosophie // Zeitschrift für philosophische Forschung. – No. 11. – 1957. – S. 504-526.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TOWARDS THE ISSUE OF DIGITALIZATION OF PERSONAL DATA
Personal information, the foundation of digital development, has been compared to the “new oil” and is used in various industries such as social media, retail, food service, transportation and healthcare. The issue of how to balance big data-driven development and strengthen the supervision of personal information protection in the global digitalization process has become a truly pressing issue of concern to the international community. Analysis of scientific sources, legal cases, typical international models for regulating the protection of personal information – all these are necessary measures to develop a country strategy, recommendations for balanced innovative development and the protection of personal information, and for the implementation of a balanced digital policy in the field of personal data.
Keywords: data protection, control of personal information, digital development, information and communication technologies, information policy, strategy for the protection and control of personal information in digital development, protection of personal information.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. Pandemic as a factor of VUCA reality // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 467-468.
2. Goffman A. A., Timoshchuk A. S. Technological skills of digitalth society // Transformation of the meanings of education in the conditions of digitalization of society. – Krasnodar, KubSU, 2020. – pp. 15-24.
3. Goffman A. A., Timoshchuk A. S. Education system in the era of digitalization: risks, challenges, competencies // Humanitarian knowledge and spiritual security. – Makhachkala: ChSPU, ALEF, 2020. – P. 124-129.
4. Timoshchuk A. S. Features of the socio-technical environment in a pandemic // Forms and methods of social work in various spheres of life. – Ulan-Ude: VSGUTU Publishing House, 2021. – P. 288-290.
5. Timoshchuk A. S., Trofimova N. N. Pandemic: the world on one side of the barricade // Bulletin of Ivanovo State University. – 2020. – No. 4. – P. 121-129.
6. Timoshchuk A. S. Technological skills in a digitalized society // Improving the professional skills of teaching workers in Russia. – Irkutsk: Irkut, 2019. – P. 16-23.
7. Timoshchuk A. S., Timoshchuk E. A., Tyagi R. Digitalization in a pandemic: ontology of complexity, opportunities, risks // University Lawyer. – 2021. – No. 9. – P. 12-19.
8. Timoshchuk A. S. Digital socio-technical system and sustainable development // Co-evolution of technology and society in the context of the digital era. – M.: MPEI Publishing House, 2020. – P. 270-272.
9. Timoshchuk A. S. Ethical and legal aspects of cybersecurity in a digital society // Artificial intelligence: ethical problems of the “digital society”. – Belgorod: BSTU, 2018. – pp. 165-179.
10. Timoshchuk A. S. Digital culture of the information society // Philosophy and culture of the information society. – St. Petersburg: GUAP, 2020. – pp. 187-189.
11. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. COVID-19 pandemic response: culture, technology and law going viral // Synergy of Sciences. – 2021. – No. 59. – P. 17-85.
12. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. Governance and legal protection in Russia during COVID-19 pandemic // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – Right. – 2021. – No. 3. – pp. 97–106.
13. Timosрchuk A. S., Tyagi R. Post-COVID-19 sustainability issues // Studia culturae. – 2021. – No. 3 (49). – P. 68-81.
PHILOSOPHY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of theUfa State Petroleum Technical University
GROGULENKO Anastasia Igorevna
student of the Ufa State Petroleum Technical University
ANTYUKHOVA Elizaveta Mikhailovna
student of the Ufa State Petroleum Technical University
BAYGELDIEVA Anaida Aslanovna
student of the Ufa State Petroleum Technical University
CORPORATE CULTURE AS A TOOL FOR UNIVERSITY DEVELOPMENT
The article considers corporate culture as an indispensable tool for improving the efficiency of the university, the orientation of all employees to achieve common goals and improve their personal and professional qualities, as well as effective interaction of all departments.
Keywords: corporate culture, educational institution, human capital, competitiveness, reputation.
Bibliographic list of articles
1. Kozlova Yu. B., Gabdulkhakova R. V., Bakhtigareev A. A. Social responsibility of business in the system of reputation management of an enterprise using the example of JSC “Polief” // Economics and management: scientific and practical journal. – 2023. – No. 2. – P. 35-42.
2. Dorozhkin Yu. N., Gareev E. S., Kozlova Yu. B., Kostyleva E. G., Suleymanova L. Sh. Theory and practice of public relations. – Ufa: USNTU, 2009. – Part 1. – 115 p.
3. Barakhnina V.B., Gabdulkhakova R.V., Gabbasov T.I. The role of a university website in attracting professionally oriented applicants to the educational process at a university in modern conditions // Mater. II scientific method. conf. – Ufa: USPTU Publishing House, 2013.
4. Gabdulkhakova R.V., Kozlova Yu.B., Grogulenko N.V. Media image: modern interpretations and approaches to study // Eurasian Legal Journal. – 2021. – No. 4 (155). – pp. 405-406.
5. Glagoleva A.V., Zemskaya Yu.N., Kuznetsova E.A. From the corporate culture of a university to the corporate culture of a global university using the example of RUDN // Bulletin of the Russian Peoples’ Friendship University. Series: Economics. – 2021. – T. 29. – No. 1. – P. 64-75.
6. Valitova N. E., Gabdrakhmanova L. N., Gareev E. S., Cheremiskin A. A., Yakupova G. A. Communication interaction of authorities with the media // Kazan Science. – 2020. – No. 12. – P. 38-40.
7. Nikiforov A. Yu., Semenova E. V. Life values of a modern student // Bulletin of the Bashkir University. – 2018. – T. 23. – No. 4. – P. 1301-1305.
8. Movsumzade E. M., Valitova N. E., Baulin O. A. et al. Facts that determine the main directions of the educational system and the stages of formation and development of technology // History and pedagogy of natural science. – 2022. – No. 2-3. – pp. 5-8.
PHILOSOPHY. RIGHT. SOCIETY
ZARIPOV Airat Yansurovich
Ph.D. in philosophical sciences, professor of Economic theory sub-faculty of the Ufa University of Science and Technology
PSYANCHIN Aybulat Valeevich
Ph.D. in geographical sciences, Head of the Department of Ethnology of the Institute of History, Language and Literature of the Ufa Federal Research Center of the Russian Academy of Sciences
MIGRANOVA Elsa Venerovna
Ph.D. in historical sciences, senior researcher of the Department of Ethnology of the Institute of History, Language and Literature of the Ufa Federal Research Center of the Russian Academy of Sciences
HISTORICAL SELF-AWARENESS AND COLLECTIVE MEMORY OF SOCIETY: THE ROLE AND IMPORTANCE OF MUSEUMS FOR THE YOUNGER GENERATION
The article discusses the role of museums in patriotic education and the formation of historical self-conciousness of young people. It is noted that museums, having emerged as a place for the storage of certain material values, have today significantly expanded their functions, becoming the most important institutions in the educational process of the younger generation and the formation of the historical consciousness of society.
Keywords: museum, younger generation, patriotism, history, historical memory, historical selfconsciousness.
Bibliographic list of articles
1. Markevich A. G., Zaripov N. A., Zaripov A. Ya. Humanities education as a factor in the development of modern society // Eurasian Legal Journal. – 2018. – No. 4 (119). – pp. 442-444.
2. Psyanchin A.V., Migranova E.V., Zaripov A.Ya. On the issue of ethnic and all-Russian identity in the Republics of Bashkortostan and Tatarstan // Oriental Studies. – 2021. – T.14. – No. 4. – P. 743-757. DOI: 10.22162/2619-0990-2021-56-4-743-757.
PHILOSOPHY. RIGHT. SOCIETY
NEKRASOV Dmitry Vladimirovich
adjunct of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
VASILJEVA Mariya Sergeevna
Ph.D. in psychological sciences, lecturer of Psychology sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
HUMANITARIAN INTERVENTIONS IN CONTEMPORARY GEOPOLITICAL PROCESSES
This article examines the current aspects of humanitarian interventions in contemporary geopolitical processes. The authors analyze key trends, challenges, and dilemmas related to the use of humanitarian interventions in the context of international conflicts, human rights violations, and global crises.
Keywords: humanitarian interventions, armed conflicts, war, humanitarian catastrophe, international law, crisis, geopolitics, politics, morality.
Bibliographic list of articles
1. Universal Declaration of Human Rights // Official website of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/doc uments/decl_conv/declarations/declhr.shtml. (Date of access: 11/06/2023).
2. Declaration on the inadmissibility of intervention and interference in the internal affairs of states // Official website of the United Nations. [Electronic resource] – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/internal_affairs_decl.shtml. (Date of access: 11/06/2023).
3. Kartashkin V. A. Human rights: international protection in the context of globalization. – M.: NORM: INFRA-M. – 2011. – 288 p.
4. Molodykh L.L. US policy towards Iraq: oil or ideological motives (1990-2011) // The Newman in Foreign policy. – 2017. – No. 36 (80). – pp. 54-72.
5. Nekrasov D.V. Violence and morality during humanitarian interventions: a study of ethical aspects // Collection of articles of the LIII International Scientific and Practical Conference Moscow: “Research and Publishing Center “Relevance.RF”. – 2023. – 324 p.
6. Rozhkova L.V., Kolodyazhnaya D.I. Humanitarian intervention in world politics // Bulletin of the Penza State University. – 2018. – No. 1 (21). – pp. 45-49.
7. UN Charter (full text) // Official website of the United Nations. [Electronic resource]. – Access mode: https://www.un.org/ru/about-us/un-charter/full-text. (Date of access: 11/06/2023).
PHILOSOPHY. RIGHT. SOCIETY
PUGIN Vladislav Borisovich
Ph.D. in philosophical sciences of Humanitarian sciences sub-faculty of the Northern State Medical University, Arkhangelsk
QUALITY OF LIFE: SOCIAL-PHILOSOPHICAL ANALYSIS (ON THE EXAMPLE OF THE RUSSIAN FEDERATION)
The article is devoted to the analysis of the category “quality of life” from the perspective of a social-philosophical approach. Various interpretations of this concept are considered, distinguishing between subjective and objective views. The author emphasizes the need for a comprehensive, systematic study of the quality of life, drawing on knowledge from various scientific disciplines. Special attention is paid to the problems faced by Russian society at the present stage of development – income inequality, the need to improve the well-being and living standards of the population.
Keywords: quality of life, social-philosophical approach, subjective and objective views, systematic analysis, problems of Russian society, social contract, management of social processes.
Bibliographic list of articles
1. Gorislavskaya N. M., Savchenko T. N. Approaches to the study of subjective quality of life // Applied legal psychology. – 2011. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/podhody-k-izucheniyu-subektivnogo-kachestva-zhizni (date of access: 02.11.2023).
2. Gorlov V.N. Increasing the standard of living of Soviet people as one of the most significant results of the development of Soviet society In the 1950-1960s. // History: facts and symbols. – 2021. – No. 2 (27). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/povyshenie-urovnya-zhizni-sovetskih-lyudey-kak-odin-iz-naibolee-suschestvennyh-rezultatov-razvitiya-sovetskogo-obschestva-v-1950 (date of access : 02.11.2023).
3. Zamaletdinova L. R. Quality of life: concept, structure, importance of theory in solving an environmental problem // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. Series: Social Sciences. – 2008. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kachestvo-zhizni-ponyatie-struktura-znachenie-teorii-v-reshenii-ekologicheskoy-problemy (date of access: 02.11.2023).
4. Zenkovsky V.V. History of Russian philosophy. – M., 2001.
5. Social philosophy: Reader. Part 1. / Comp. G. S. Arefieva, M. I. Ananyeva, A. S. Garbuzov. – M.: Higher. school, 1994. – 255 pp.
6. Tsyganov V.I. The idea of Russian autocracy in the works of K.N. Leontyev, K.P. Pobedonostsev, D.A. Khomyakova // Bulletin of UNN. – 2013. – No. 3-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ideya-russkogo-samoderzhaviya-v-trudah-k-n-leontieva-k-p-pobedonostseva-d-a-homyakova (date of access: 02.11.2023).
PHILOSOPHY. RIGHT. SOCIETY
RUNAEV Roman Yurjevich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
PHILOSOPHICAL UNDERSTANDING OF LIFE MEANINGS IN EXISTENTIALISM
The article offers a comparison of the concepts of “existentialism” and “essentialism” through the prism of the order of laying in the “threshold” of a person’s life meanings of understanding his “essence” and “existence”. If the proponents of essentialism are convinced that human life is determined from birth by a set of specific life meanings, then existentialists believe that the essential purpose of a person is laid in him much later, in the process of his existence and socialization, the cultivation of his defining human qualities, the projection of specific actions on others. At the same time, the question of the expediency of human destiny in the face of a meaningless or absurd world is clearly touched upon.
Keywords: philosophy, essence, essentialism, existence, existentialism, meaning of life.
Bibliographic list of articles
1. Aristotle. Metaphysics. In 14 books. – M.-L.: Sotsekgiz, 1934.
2. Losev A. F., Takho-Godi A. A. Platon. Aristotle. – M.: Young Guard, 1993.
3. Sartre J.-P. “Existentialism is humanism” (lecture) // Twilight of the Gods. – M.: Politizdat, 1989.
4. Camus A. Rebel Man. – M., Politizdat, 1990.
PHILOSOPHY. RIGHT. SOCIETY
SALIKHOV Gafur Gubaevich
Ph.D. in philosophy sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
DEVELOPMENT OF THE CULTURE OF PEOPLES FROM THE ARAL SEA TO THE URALS IN THE MIDDLE AGES
The article examines, from a philosophical standpoint, the issues of the adoption of Islam by the peoples of the Southern Urals, spiritual education, the influence of the Turkic-Persian world on the culture of the ethnic group. It is noted that the culture of the peoples who lived from the Aral to the Urals, from the Irtysh to the Volga, developed in the Middle Ages under the influence of the Persian world. Due to the insufficient studyof scientific problems, researchers have difficulties in presenting certain facts of the history and culture of the peoples of the Ural-Volga region. With few research materials, history and philosophy are replaced by myths and legends; myths give rise to myths, legends become overgrown with history.
Keywords: spirituality, culture, civilization, education, knowledge, faith, religion.
Bibliographic list of articles
1. The journey of Ahmed Ibn Fadlan to the Itil River and the official adoption of Islam in Bulgaria. – Kazan: Private Institution “Publishing House “Huzur” – “Calmness”, 2016. – 144 p.
2. Marjani Sh. B. Mustafadel-akhbar fi ahvali Kazan va Bolgar (Source on the history of Kazan and Bulgars, in Tat.). – Kazan, 1989. – 415 p.
PHILOSOPHY. RIGHT. SOCIETY
SEMENOV Ivan Alexandrovich
lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
CARITATIVE ACTIVITY OF THE CATHOLIC CONGREGATION “BROTHERS OF CHRISTIAN SCHOOLS”
Today, “free” primary education for schoolchildren in Russia and abroad is not non-sensational, but rather an everyday norm, but it has not always been so. The article analyzes the Christian education of the monastic Catholic congregation “Brothers of Christian Schools” (Lasallians) of the laity as an act of caritative activity. The author focuses on the canonical foundations of evangelization of the population adopted by the Lasallians, as well as certain aspects of the phenomenon of caritative activity as a collective complex of charitable practices of solidarity.
Keywords: caritative activity, Brothers of Christian schools, religious education, monastic order, Lasallians.
Bibliographic list of articles
1. Eroshev E. V. The image of the Council of Trent in modern Catholic polemics about the priesthood // Bulletin of the EDS. – 2022. – No. 37. – P. 76-90.
2. Jean-Baptiste de La Salle. The Duties of a Christian to God, and How to Do Them Well (1703). Reproduction of the publication. – Rome: Maison Saint Jean-Baptiste de La Salle, 1964. – P. 20.
3. Jean-Baptiste de La Salle. General Rules of the Brothers of the Christian Schools (1705). Reproduction of the publication. – Rome: Maison Saint Jean-Baptiste de La Salle, 1965. – P. 16.
4. Makulin A.V. Science and philosophy of modernity in captivity of the “Cellular power” of tables: models, metaphors, analogies // Society: philosophy, history, culture. – 2016. – No. 1. – P. 30-34.
5. Rigaud Georges. General History of the Institute of the Brothers of the Christian Schools. T. 1. – Paris: Plon, 1945. – P. 420-441.
6. Semenov I. A. Social impulse for the development of caritative activities in antiquity: Cicero’s paradigm // Social relations. – 2022. – No. 1 (40). – pp. 136-141.
7. Semenov I. A. The concept of E. Demolen’s pedagogy in the context of the reformist movement “New Education” // News of Saratov University. New episode. Series: Philosophy. Psychology. Pedagogy. – 2023. – T. 23. No. 1. – P. 116-120.
PHILOSOPHY. RIGHT. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of the Volga Region Russian State University of Justice, Nizhny Novgorod
SPIRIN Vasiliy Konstantinovich
master of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
TRETYAKOV Ilya Sergeevich
bachelor of Theology, master of Religious studies, lecturer of the Nizhny Novgorod Theological Seminary
CHRISTOLOGY AND PNEUMATOLOGY OF MATUSHKA PHOTINIA: TOWARD THE QUESTION OF THE RELIGIOUS IDENTITY OF THE CULT OF FROLOVA S. R.
This article continues a series of studies devoted to the Nizhny Novgorod cult in honor of the icon of the Mother of God “Resurrecting Russia”. In the previous material on the pages of the Eurasian Law Journal we dealt with the question of the mariology of the religious phenomenon being studied. In this paper we consider the Christology and pneumatology of Matushka Photinia (Frolova S. R.). In the light of the studied material, it became clear that Christ in the religious conception of the studied thinker is not at all equal to the Christian God the Son, but he is rather a reincarnated Light Deity generated by the Great Mother. Photinia separates Christ and Jesus like the ancient Judeo-Christian thinkers did. Jusus becomes “Christ” only after he has received the appropriate Spirit. Photinia’s “Christ” incarnates in different people over and over again and then he gathers all their souls into a united Spirit.
Keywords: Icon “Resurrecting Rus”, Abode of Light, Frolova S. R., Matushka Photinia, Great Mother, Adam Kadmon, Holy Spirit, John the Baptist, Wiccanism.
Article bibliographic list
1. Akathist to the Great Mother of God “Resurrecting Rus’”. With. Bolshaya Yelnya, 2021.
2. Lamond F. Naturpantheismus, Religion ohne Dogmen: Theologie, Ethik und Religionsvergleich. – Seggebruch: Alraunen-Verl., 2005. – P. 76.
3. Ramelli I. L. E. The Father in the Son, the Son in the Father in the Gospel of John: Sources and Reception of Dynamic Unity in Middle and Neoplatonism, ‘Pagan’and Christian // Journal of the Bible and its Reception. – 2020. – T. 7. No. 1. – P. 31-66.
4. Newspaper “Temple of Light” No. 15. – Text: electronic // [website]. – [Electronic resource]. – Access mode: https://hram-vr.narod.ru/GAZETA-15-sayt_1.pdf (date of access: 04.11.2023).
5. Zurvani M. et al. The Elementary Light: A Study of the Evolution of the Concept of Man in Jewish Mysticism //The Journal of Research in Humanities. – 2023. – T. 30. No. 2. – pp. 1-32.
6. Newspaper “Temple of Light” No. 17. – Text: electronic // [website]. – [Electronic resource]. – Access mode: https://hram-vr.narod.ru/GAZETA-17-sayt.pdf (date of access: 04.11.2023).
7. Newspaper “Temple of Light” No. 18. – Text: electronic // [website]. – [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-18.pdf (date of access: 04.11.2023).
8. Newspaper “Temple of Light” No. 21. – Text: electronic // [website]. – [Electronic resource]. – Access mode: https://hram-vr.narod.ru/GAZETA-21-SAYT-1.pdf (date of access: 04.11.2023).
9. Churton T. The Mysteries of John the Baptist: His Legacy in Gnosticism, Paganism, and Freemasonry. – Simon and Schuster, 2012.
10. Newspaper “Temple of Light” No. 16. – Text: electronic // [website]. – [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-16-sayt.pdf (date of access: 04.11.2023).
11. Crabtree S. A. The Mother, the Warrior, the Midwife and the Holy Whore: An Ethnographic Study of Women’s Faith, Sacralization and Embodiment // Feminist Theology. – 2023. – T. 32. No. 1. – pp. 40-59.
12. Van Oort J. The Holy Spirit as feminine: Early Christian testimonies and their interpretation // HTS: Theological Studies. – 2016. – T. 72. No. 1. – pp. 1-6.
PHILOSOPHY. RIGHT. SOCIETY
FILIPPOVA Elena Yurievna
lecturer of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
DIGITALIZATION OF SOCIETY AS A CULTURAL PHENOMENON OF SOCIAL PROGRESS
Over the past decades, humanity has been faced with radical changes at all levels, from politics to everyday life, and at the center of these changes is not only the new information and communication field, which radically changes the infrastructure of social life , but also the significant speed of technological change caused by the growing use of digital technologies in everyday life, which determines the content of social progress. Based on these factors, there is a need to study this complex issue, which today is at the center of public discussion, forming the object of research – society. The subject of the study is the digitalization of society within the framework of social progress. The purpose of the study is to consider the content of digitalization of society as a cultural phenomenon of social progress. The article argues that digitalization is an inevitable and natural process that cannot be abandoned; society must accept it as an integral part of the modern cultural space and an element of social progress within the framework of changes in human civilization and following these changes.
Keywords: society, philosophical understanding, philosophical polemics, cultural space, information space, digital environment.
Bibliographic list of articles
1. Marshall McLuhan: War and Peace in the Global Village. (NY: Bantam; reissued Corte Madera, CA: Gingko Press, 2001. ISBN 1584230746).
2. Abercrombie, N. & Longhurst, B. Dictionary of Media Studies. London: Penguin Books, 2007.
3. Solovyov A.I. Citizen in the streams of digitalization: collisions of politics and culture // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2022. – No. 67. – P. 216-230. – DOI 10.17223/1998863X/67/19. – EDN DSYQWA.
4. Zhulego V. G., Balyakin A. A., Nurbina M. V., Taranenko S. B. Digitalization of society: new challenges in the social sphere // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 9-2. – P. 36-43. – EDN BPUWEJ.
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
MECHANISMS OF FORMATION OF CONVENTIONS IN THE COLLECTIVE CONSCIOUSNESS
The article “Mechanisms of formation of conventions in the collective consciousness” explores the process of formation of conventions in the collective consciousness and the mechanisms that underlie this process. Collective consciousness is considered as a system in which individual ideas and opinions are combined and transformed into generally accepted norms and values. The article is a synthesis of existing research and theories about collective consciousness and its formation. The authors analyze various mechanisms that contribute to the formation of conventions in the collective consciousness such as social communication, socialization, education, mass media and political processes. The article also discusses the factors that influence the formation of conventions including cultural, social and historical aspects.
Keywords: convention, social norms, collective consciousness, symbol.
Bibliographic list of articles
1. Bourdieu P. Practical meaning / general. ed. lane and after. N. A. Shmatko. – St. Petersburg: Aletheia; M.: Institute of Experiment. sociology, 2001. – 562 pp.
2. Weber M. Science as a calling and profession // Selected works / Comp., total. ed. and after. Yu. N. Davydova; preface P. P. Gaidenko. – M.: Progress, 1990. – P. 707-735.
3. Levin S. M. Collective consciousness and moral responsibility // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2016. – No. 3 (35). – pp. 46-53.
4. Lukasheva E. A. Section IV. Law and human rights in the normative system of society // Problems of the general theory of law and state: textbook / Ed. V. S. Nersesyants. – M.: Norma, 2004. – 832 p.
5. Mill D.S. About freedom. – M.: Yurayt, 2023. – 128 p.
6. Mikhel D. Power, management, population: a possible archeology of social policy by Michel Foucault // Journal of Social Policy Research. – 2003. – T. 1, No. 1. – P. 91-106.
7. Pescherov G.I. Conventions in human society or the philosophy of stupidity // Medicine. Sociology. Philosophy. Applied research. – 2020. – No. 3. – P. 112-115.
8. Starovoitova O.I. The role of symbols in collective behavior // Current issues of social sciences: sociology, political science, philosophy, history. – 2015. – No. 2 (43). – pp. 50-59.
9. Chernyak N. A. The problem of ideologization of consciousness in the concept of Marx // Bulletin of Omsk University. – 2018. – T. 23, No. 3. – P. 125-129.
10. Taylor, S. Sources of the Self: The Making of the Modem Identity. – Cambridge, Mass.: Harvard University Press, 1989.
11. Weber M. (1990b) Science as a Vocation and Profession. Y. N. Davydov (ed.). Max Weber. Collected Writings. – M.: Progress. – Rr. 707-735.
PHILOSOPHY. RIGHT. SOCIETY
KIOSOV Andrey Andreevich
student of the Faculty of Law of St. Petersburg State University
VLADIK NERSESYANTS: DIALOGUES WITH SOCRATES
The article explores the influence of the ideas of the ancient Greek philosopher Socrates, exerted on the lawyer Vladik Sumbatovich Nersesyants in the process of creating the book “Socrates”. Analogies are made in the scientific methodology used by V. S. Nersesyants and Socrates, based on the method of maieutic. The portrait-individualizing method widely used in the article allows us to make a conclusion about the influence of Socrates’ ideas on the personality and views of V. S. Nersesyants (personal influence). The conclusion is made about the formation of some substantial concepts of the libertarian theory of law based on the ideas of Socrates. The article is dedicated to the 85th anniversary of the birth of V. S. Nersesyants in 2023.
Keywords: Socrates, Vladik Sumbatovich Nersesyants, libertarian theory of law, portrait-individualizing method, maieutic, separation of essence and phenomenon.
Bibliographic list of articles
1. History of political and legal doctrines. Textbook for universities / Under general. ed. V. S. Nersesyants. – M.: Publishing group “INFRA-M—NORMA”, 2000. – 736 pp.
2. Kechekyan S. F. Aristotle’s doctrine of state and law. – M.: Publishing House of the USSR Academy of Sciences, 1947. – 222 p.
3. Lapaeva V.V. Types of legal understanding: legal theory and practice. – M.: Russian Academy of Justice, 2012. – 580 p.
4. Nersesyants V. S. Socrates. – M.: Publishing House “Nauka”, 1980. – 152 p.
5. Nersesyants V. S. Socrates. – M.: Publishing house “Nauka”, 1977. – 152 p.
6. Lapaeva V.V. Vladik Sumbatovich Nersesyants. – Yerevan: Nzhar, 2009. – 208 p.
7. Lukovskaya D.I. Subject and methodology of the history of political and legal doctrines // News of higher educational institutions. Jurisprudence. – 2007. – No. 3 (272). – pp. 197-211.
8. Nersesyants V. S. Socrates. – M.: Publishing group “INFRA-M—NORMA”, 1996. – 312 pp.
9. Nersesyants V. S. Socrates. – M.: Publishing house “Nauka”, 1984. – 192 p.
10. KuznetsovA.V. The trial is underway. About the trials of the past: from antiquity to modern history. – M.: Eksmo, 2018. – 288 p.
11. Kiosov A. A. Problems of systematization in the light of the libertarian theory of law // Vox Juris. The voice is right. – 2022. – No. 2. – P. 210-213.
12. Nersesyants V. S. Philosophy of law: libertarian-legal concept // Questions of philosophy. – 2002. – No. 3. – P. 3-15.
13. Nersesyants V. S. Philosophy of Law: a textbook for universities. – M.: Norma, 1997. – 647 p.
PHILOSOPHY. RIGHT. SOCIETY
FARKHUTDINOV Linar Ilshatovich
Ph.D. in philosophical sciences, independent researcher
ON CONSISTENCY AND TRUTH OF SCIENTIFIC THEORIES REGARDING THE CRITICISM OF MARX’S THEORY OF VALUE
Regarding a particular criticism of Karl Marx’s theory of value, which presupposes a contradiction between the first and the third volume of the “Capital”, the article stresses that the presence of inconsistencies in a theory itself does not let any judgments concerning it material truth, and that certain inconsistencies and incompleteness are a norm for all widely accepted dominating scientific theories that deal with the description of the object of the real world. Arguments are given in support of the material truth of Karl Marx’s theory of value and it is pointed out that it is problematic that the proposed alternative does have the same.
Keywords: theory of value, truth and consistency, living and reified labor, Thomas Kuhn.
Bibliographic list of articles
1. Bocharov V. A., Markin V. I. Introduction to logic: textbook. – M.: ID FORUM: INFRA-M. 2008. – 560 pp.
2. Marx’s “Capital” a century and a half later: collective monograph / group of authors; edited by R. M. Nureyeva. – Moscow: KNORUS, 2019. – 402 p. – (Monograph)
3. Kuhn T. Structure of scientific revolutions. – M.: ed. AST, 2003. – 605 p.
4. Petukhov V. A. “Contradictions in Karl Marx’s “Capital” and possible ways to solve them” / Marx’s “Capital” a century and a half later: collective monograph / Team of authors; edited by R. M. Nureyeva. – Moscow: KNORUS, 2019. – pp. 130-144.
5. Gaspar V., Poplawski-Ribeiro M., Jiae-Yoo. Global debt is returning to its rising trend, Sept. 13, 2023. [Electronic resource]. – Access mode: https://www.imf.org/en/Blogs/Articles/2023/09/13/global-debt-is-returning-to-its-rising-trend (last access date: 12/04/2023)
6. Maito E. The tendency of the rate of profit to fall since the nineteenth century and a world rate of profit / World in crisis: a global analysis of Marx’s law of profitability. – Chicago, Illinois: Haymarket books, 2018. – Pp. 140-176.
7. Roberts M. A world rate of profit: a new approach. [Electronic resource]. – Access mode: https://thenextrecession.wordpress.com/2020/07/25/a-world-rate-of-profit-a-new-approach/ (last accessed: 12/04/2023)
8. Roberts M. Keynes, the profits equation and the Marxist multiplier. [Electronic resource]. – Access mode: https://thenextrecession.wordpress.com/2012/06/13/keynes-the-profits-equation-and-the-marxist-multiplier/ (last accessed: 12/04/2023)
9. Roberts M. The Great Recession: Profit Cycles, Economic Crisis. A Marxist View. 2009. [Electronic resource]. – Access mode: https://files.libcom.org/files/The%20Great%20Recession%20-%20Profit%20cycles,%20economic%20crisis.pdf (last access date: 12/04/2023)
10. Schmidt J., Gould, E., Bivens, J. America’s slow-motion wage crisis, Sept. 13, 2018. [Electronic resource]. – Access mode: https://www.epi.org/publication/americas-slow-motion-wage-crisis-four-decades-of-slow-and-unequal-growth-2/ (Last access date: 12/04/2023 ).
M. A. Ermolina:
Environmental safety in the context of eurasian integration
Interview with Ermolina Marina Anatolyevna, Ph.D. in Law, associate professor of the World politics sub-faculty of the St. Petersburg state university.
EURASIAN INTEGRATION
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences, senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar university of the MIA of Russia
ROMANOV Anton Alexandrovich
Ph.D. in Law, Head of Fire training and special tactical training sub-faculty of the ufa Law Institute of the MIA of Russia, colonel of police
OGORODNIKOV Maxim Anatoljevich
Ph.D. in biological sciences, associate professor of the Activities of the internal affairs bodies in special conditions sub-faculty of the Omsk Academy of the MIA of Russia, senior lieutenant of police
FEATURES OF LEGAL REGULATION OF INFORMATION PROCESSES OF MEMBER STATES OF THE EURASIAN ECONOMIC UNION
The article examines the features of the legal regulation of the digital environment formed within the framework of the Eurasian Economic union. The difficult geopolitical situation, problems in terms of economic and political interaction between the Russian Federation and Western, European countries contributed to a change in the vector of cooperation with other countries. This, in principle, contributed to the emergence in 2015 of a new interstate association of the Eurasian Economic union (EAEu) (Russian Federation, Armenia, Kazakhstan, Belarus, Kyrgyzstan). The functioning of the EAEu in the context of digitalization of the economy is impossible without creating its own effective digital environment. In connection with this, “strategic directions for the formation and development of the digital space of the Eurasian Economic union in the future until 2025” was developed. However, difficulties arise in terms of legal regulation, which largely suspended the processes of digital integration. Regulation of the digital environment through national regulations is not possible, since there are differences in terminology.
Keywords: Eurasian Economic union, confidential information, digital, information processes, state secrets, digital space.
Bibliographic list of articles
1. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest edition).
2. Law of the Republic of Belarus of November 10, 2008 No. 455-Z “On information, informatization and information protection.”
3. Law of the Republic of Kazakhstan dated November 24, 2015 No. 418-U “On informatization”.
4. Law of the Kyrgyz Republic dated July 19, 2017 No. 127 “On electronic governance”.
5. Decision of the Supreme Eurasian Economic Council dated October 11, 2017 No. 12 “On the Main Directions for Implementing the Digital Agenda of the Eurasian Economic Union until 2025.”
INTERNATIONAL LAW
LANCELOT G. Wills
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship university of Russia, Head of the Customs oil Department of the Guyana Tax Administration
THE TREATY OF TORDESSILAS 1494. THE INITIAL DIVISION OF SOUTH AMERICA
There have been innumerable treaties, which have come to impact and / or define territorial occupation and title to territory. The Treaty of Tordesillas 1494, like the Westphalia Peace Treaties of 1648 (Munster and Osnabruck), the latter of which two centuries later laid the cornerstone for the conceptualization of the sovereign state, mediation between nations and diplomacy; occupies a special place in history. Its impact is felt today not only in the western hemisphere, but around the globe as intended. The author aims to satisfy two primary objectives with the aid of this article: First, an elucidation of the legal treaty-based rationale why Latin America has only one Portuguese speaking country, and second: the primary principle of international law in its two iterations, which enabled successful claims to title of territory in Latin America. This is accomplished via reference to the impact other treaties had on the south American continent in the shaping of its destiny, and the central role the treaty of Tordesillas played in this regard.
Keywords: acquisition of territory, international treaties, Negotiations, Moluccas, the Treaty of Tordessilas.
The article bibliographic list
1. Peace Treaty of Alcáçovas (Portugal). [Electronic resource]. – Access mode: https://placesofpeace.eu/2020/09/04/peace-treaty-of-alcacovas-portugal-wassigned-
541-years-ago/.
2. Grant, John P., Barker, J. Craig (2009). Encyclopedic Dictionary of international law (3rd ed.). Oxford University Press, 691 p.
3. Grant, John P., Barker, J. Craig (2009). Encyclopedic Dictionary of international law (3rd ed.). Oxford University Press, 691 p.
4. Vignaud, Henry (1902). Toscannelli and Columbus. London: Sands & Co. pp. 61-62. Retrieved 14 July 2023.
5. Pope Alexander VI. Demarcation Bull Granting Spain Possession of Lands Discovered by Columbus Rome, May 4, 1493. Translation copied from. [Electronic
resource]. – Access mode: http://www.catholic-forum.com/saints/pope0214a.htm 2012 The Gilder Lehman Institute of American History. [Electronic resource]. –
Access mode: www.gilderlehrman.org.
6. Treaty of Tordesillas Colonial demarcation line between Spain & Portugal. [Electronic resource]. – Access mode: https://upload.wikimedia.org/wikipedia/
commons/2/21/Spain_and_Portugal.png.
7. Latin America in early 17th century Map of South America 1789. Late Colonial History.
8. Empire and Legal Thought. Ideas and Institutions from Antiquity to Modernity. Legal History Library, Studies in the History of International Law, Volume: 41/16. Brill, 2020.
9. Waisberg, T. The Treaty of Tordesillas and the (Re)Invention of International Law in the Age of Discovery (May 12, 2017). Journal of Global Studies, No. 47, 2017,
Available at SSRN. [Electronic resource]. – Access mode: https://ssrn.com/abstract=2967633.
10. The World’s Great Events: an indexed history of the world from the earliest times to the present day; Vol. V, P.F. Collins, New York, 1916.
11. Moses, Bernard (1919). Spain’s Declining Power in South America, 1730-1806 (2010 ed.). Cornell University Library.
12. Treaty of Paris, Virtual Library of the Inter-American Peace Initiatives, 2023.
13. Dauril Alden, Royal Government in Colonial Brazil (1968), pp.262-267, 474.
14. Lockhart, James, Bushnell, David and Kittleson, Roger A. “History of Latin America.” Encyclopedia Britannica
4 Oct. 2023. [Electronic resource]. – Access mode: https://www.britannica.com/place/Latin-America.
15. Map of Latin America in the 20th Century, showing Brazil in Yellow. [Electronic resource]. – Access mode: https://russiancouncil.ru/en/analytics-and-comments/analytics/map-of-latin-america-in-the-twenty-secondcentury/.
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economical sciences, professor of Constitutional and international law sub-faculty of the St. Petersburg Institute (branch) of the All-Russian state university of Justice (RLA of the Ministry of Justice of Russia)
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, Head of Humanitarian and social and economic disciplines sub-faculty of the St. Petersburg Institute (branch) All-Russian state university of Justice (RLA of the Ministry of Justice of Russia)
MISHALCHENKO Mariya Yurjevna
lecturer of Civil and commercial law sub-faculty of the St. Petersburg state Maritime Technical university
THE ARTISTIC REGION IN THE INTERNATIONAL AND NATIONAL SECURITY SYSTEM OF THE RUSSIAN FEDERATION: INTERNATIONAL AND PUBLIC LEGAL TRENDS
The Arctic region is of great strategic importance for both Arctic and non-Arctic countries. Historically and geographically, Russia is one of the key players in the Arctic. over the past decade, the Arctic territories have been the object of close attention of scientists around the world studying the huge potential of this region. Due to the difficult foreign policy situation, the economic, law and military-political rivalry of the Arctic and subarctic countries is becoming more and more acute.
Keywords: Arctic, Arctic security, subarctic countries, economy, military potential, national security strategy, international law.
Bibliographic list of articles
1. Analysis of statements by seven Western member states of the Arctic Council dated March 3 and June 8, 2022 on changing the format of their participation in the Arctic Council // Future of the Arctic Council: workbook No. 75, 2023; edited by E. O. Karpinskaya, N. S. Vyakhireva, M. S. Lazovich, S. M. Gavrilova. – M.: NP RIAC, 2023. – 24 p. – [Electronic resource]. – Access mode: russiancouncil.ru.
2. Gavrilov O. Yu. State and prospects for the development of the regional security system in the Arctic.
– (Geopolitics and security) // Military thought.
– 2019. – No. 6. – P. 34-49. – [Electronic resource]. – Access mode: sfu-kras.ru.
3. Zhuravel V.P. Arctic Council: main milestones of development (To the 25th anniversary of formation) // Arctic and North. – 2022. – No. 4. – P. 220-233. – [Electronic resource]. – Access mode: SciUp.org.
4. Zhuravel V.P. On the issue of Russia’s chairmanship in the Arctic Council // Scientific-analytical bulletin of the IE RAS (VAK). – 2021. – No. 3. – P. 62-68. – [Electronic resource]. – Access mode: instituteofeurope.ru.
5. Zhuravel V.P. On Russia’s chairmanship of the Arctic Council (2021 – 2023): program, risks and lessons for the EAEU // Greater Eurasia: development, security, cooperation. – 2022. – Issue. 5. – Part
1. – pp. 101-105.
6. Zaikov K. S., Kondratov N. A., Lipina S. A., Bocharova L. K. Organizational mechanisms for implementing Russia’s policy in the Arctic in the 21st century. // Arctic and North. – 2020. – No. 39. – P. 75-109. – DOI: 10.37482/ issn2221-2698.2020.39.75.
7. Krasnopolsky B. Kh. On the history of international socio-economic relations of the Arctic regions and the 30th anniversary of the “Arctic Forum”
// Historical and economic research. – 2020. – T. 21. – P. 7-28. – [Electronic resource]. – Access mode: cyberleninka.ru.
8. Forecasts for the future of the Arctic Council // Future of the Arctic Council: workbook No. 75, 2023; edited by E. O. Karpinskaya, N. S. Vyakhireva, M. S. Lazovich, S. M. Gavrilova. – M.: NP RIAC, 2023.
– 24 s. – [Electronic resource]. – Access mode: russiancouncil.ru.
9. Russia held 43 events within the framework of the Arctic Council in 2022 // TASS, December 23, 2022.
– [Electronic resource]. – Access mode: tass.ru.
10. Russia completed its chairmanship of the Arctic Council // Vedomosti, May 12, 2023 – [Electronic resource]. – Access mode: Рvedomosti.ru.
11. Decree of the President of the Russian Federation dated 03/05/2020 No. 164 (as amended on 02/21/2023) “On the Fundamentals of State Policy of the Russian Federation in the Arctic for the period until 2035.”
12. Decree of the President of the Russian Federation dated October 26, 2020 No. 645 (as amended on February 27, 2023) “On the Strategy for the development of the Arctic zone of the Russian Federation and ensuring national security for the period until 2035.”
13. National Strategy for the Arctic Region 2022 // The White House. – [Electronic resource]. – Access mode: https://www.whitehouse.gov/wp-content/uploads/2022/10/National-Strategy-for-the-Arctic-Region.pdf (access date: 07/11/2022).
14. Nordic countries plan joint air defense to counter Russian threat // Reuters. 03.24.2023. – [Electronic resource]. – Access mode: https://www.reuters.com/ world/europe/nordic-countries-plan-joint-air-defence-counter-russian-threat-2023-03-24/ (access date: 07/11/2023) .
INTERNATIONAL LAW
TRUNOV Igor Leonidovich
Ph.D. in economic sciences, Ph.D. in Law, professor, President of the union of Lawyers of Russia, Deputy Chairman of the International union of Lawyers
PRIVATE MILITARY COMPANIES AS A POLITICAL TOOL OF ARMED CONFLICTS
The article discusses the issues of legal regulation of the activities of private military companies.
The author examines the growth of the Private Military Companies (PMC) industry as an instrument of armed conflicts and war. The article provides an analysis of the concept of “mercenarism” contained in various regulatory legal acts, as well as the responsibility provided for by the legislation of the Russian Federation.
Examples of individual countries and international organizations have been given to create international legal norms regulating PMCs. The Montreux document is one of them.
The author also discusses the development and adoption of the “International Convention on Private security and Military Companies” in today’s multipolar world on the platform of the largest and rapidly growing interstate association BRICs.
According to the author, Russia, as a global international subject of the world community, should participate in the adoption and amendment of international legislation with the aim of civilized legal regulation of the activities of private military companies.
Keywords: private Military Companies, private security companies, an instrument of international policy, soldiers of fortune, the Montreux document, the International Code of Conduct for Private security service Providers, mercenary activities. international humanitarian law, conflicts of a non-international (internal) nature, crimes of an international nature, analysis of responsibility at the national level.
Bibliographic list of articles
1. Valetsky O.V. Private military companies, their creation and development – experience in Iraq, Afghanistan, Africa and other regions of the world // Art of War. – 2006. – January 1. – [Electronic resource]. – Access mode: http://artofwar.ru/w/waleckij_o_w/chvk.shtml (date of access: 04/09/2016).
2. Volevodz A. G. On international initiatives in the field of legal regulation of the activities of private military companies. – [Electronic resource]. – Access mode: SPS ConsultantPlus.
3. Sean McFate. Mercenaries and War: Understanding Private Armies Today. December 4, 2019 – [Electronic resource]. – Access mode: https://ndupress.ndu.edu/Media/News/Article/2031922/mercenaries-and-war-understanding-private-armies-today/.
INTERNATIONAL LAW
MOHAMMAD Jamal
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship university of Russia
INTERNATIONAL ARBITRATION: ITS SYSTEM AND KEY FEATURES
In this article, the author examines the definition of the concept of “international arbitration” and deduces the features that distinguish it from other international judicial institutions. The author of the article also analyzes the legal regime of international arbitration and the grounds for applying to it, the nature of disputes in respect of which arbitration is applied, the composition and terms of reference of arbitration courts and the procedure for conducting their proceedings, as well as the form of the verdict issued by its bodies and its legal force.
Keywords: international arbitration, international arbitrator, consent of the parties, arbitration court, arbitration clause, international judicial system.
Bibliographic list of articles
1. Abu Al-Wafa A. Arbitration in international and Egyptian law // Egyptian Journal of International Law. – 1994. – P. 29-105.
2. Al-Anani I. Recourse to International Arbitration. – Cairo: The House of Arab Thought, 1973. – 435 p.
3. Hossein Melhem A. The Role of Treaties in Protecting Foreign Private Investments in Developing Countries. – Alexandria: Alexandria University – Faculty of Arts – Economics, 1998. – 470 p.
4. Mohammed Qazi K. Egyptian Taba. – Cairo: Egyptian General Authority for Writers, 1997. – 286 p.
5. Oppenheim L. International Law: A Treatise. Vol. I: Peace. (8th edition), in H. Lauterpacht (ed.), – London, New York, Toronto: Longmans, Green, and Co., 1955. – 1072 p.
6. Rousseau Ch. Droit international public. – Paris: Dalloz, 1958. – 393 p.
7. Shearer I.A. Starke’s International Law. – Oxford: Butterworth Law, 1994. – 560 p.
8. Erpyleva N. Yu. International commercial arbitration: legal principles of functioning // International law. – 2013. – No. 1. – P. 1-74.
INTERNATIONAL PRIVATE LAW
WANG Yanyan
master’s degree of the Faculty of Law of the Belarusian state Economics university
LUO Lin
master’s degree of the Faculty of Law of the Belarusian state Economics university
TARANOVA Tatyana Sergeevna
Ph.D. in Law, professor, Director of Civil law sub-faculty of the Belarusian state Economics university
FEATURES OF LEGAL REGULATION OF LEGISITATION CONNECTED WITH THE PARTICIPATION OF THE PEOPLE’S REPUBLIC OF CHINA IN WTO
The accession of the People’s Republic of China (PRC) to the World Trade organization (WTo) in 2001 marked a significant milestone in China’s integration into the global economy. This essay explores the features of legal regulation concerning the legislation connected with China’s participation in the WTo. By analyzing the legal framework, this essay aims to shed light on the key aspects of China’s compliance with WTo rules, its domestic legislation, and the challenges it faces in harmonizing its laws with international trade norms.
Keywords: the People’s Republic of China, WTo, legal regulation of legisitation, global economy.
References
1. Chan, J. (2009). China’s participation in the World Trade Organization: Trade in goods, services, intellectual property rights and dispute settlement. Journal of World Trade, 43(3), 571-602.
2. Chen, A. (2016). China’s WTO Accession: Legal Framework and Economic Implications. The Chinese Journal of Comparative Law, 4 (2), 341-343.
3. Chien, C. (2012). The WTO and China’s legal system: The transformation of China’s economic legislation. American Journal of Comparative Law, 60(1), 193-228.
4. Gallagher, M., & Zarsky, L. (2007). The enabling environment for China’s WTO compliance: Legal reform at the subnational level. Journal of International Economic Law, 10(4), 777-804.
5. Guo, H. (2015). China’s accession to the WTO and its legal reform: From a developing country perspective. Journal of World Trade, 49(4), 621-642.
6. Hufbauer, G., & Wong, W. (2010). China’s experience under the WTO: Lessons for other developing countries. Peterson Institute for International Economics.
7. Khor, M. (2015). China’s WTO accession revisited: Lessons for developing countries’ trade policy reforms. Journal of Contemporary Asia, 45(1), 1-24.
8. Liang, Q., & Wei, Y. (2010). China’s WTO entry: Antidumping, safeguards, and dispute settlements. Review of International Economics, 18(5), 1013-1028.
9. McRae, D., & Wu, X. (2017). The World Trade Organization and China: A long march towards the rule of law?. Journal of International Economic Law, 20 (3), 473-500.
10. Pauwelyn, J. (2005). China and the WTO: Why Multilateralism Still Matters. The American Journal of International Law, 99 (1), 57-80.
11. Shen, J. (2019). China’s accession to the World Trade Organization: Legal reform, economic impact, and policy implications. Journal of Chinese Political Science, 24(1), 113-133.
12. Song, L., & Zhang, H. (2015). China’s WTO accession and judicial governance: A comparative perspective. Journal of Contemporary China, 24(94), 673-690.
13. Wang, Z. (2012). China’s WTO compliance under the dispute settlement mechanism. Journal of World Trade, 46(5), 1001-1024.
14. Wu, Y., & Yu, X. (2011). China’s implementation of WTO commitments: The case of intellectual property rights protection. Journal of Comparative Economics, 39(4), 534-552.
15. Zhan, J. (2016). China’s participation in the WTO dispute settlement system: A critical assessment. Journal of World Trade, 50 (4), 615-638.
INTEGRATION LAW
NAKRYZHSKAYA Valeriya Arkadjevna
postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
IMPACT OF THE EUROPEAN UNION LEGAL REGULATION IN THE SPHERE OF INDUSTRIAL DECARBONIZATION ON THE ENVIRONMENTAL LEGISLATION OF THE RUSSIAN FEDERATION IN THE CONTEXT OF FOREIGN COUNTERMEASURES AND RESTRICTIONS
The article examines the legal aspects of the European union (EU) initiatives in the field of industrial decarbonization, in particular the so-called “European Green Deal”, related to the general industrial policy of this integration union. In the author’s opinion, special attention should be paid to the cross-border carbon regulation that came into force, which should balance the requirements for European and foreign, including Russian producers. At the same time with the development of this mechanism in the EU there has been significant progress in the legal consolidation of the Russian Federation’s obligations to reduce carbon emissions, in this regard, the author considers some key strategic legal acts in this area. The author concludes that European initiatives have had a significant impact on Russian legal regulation, despite the imposed sectoral sanctions restrictions.
Keywords: EU industrial policy, industry decarbonization, ESG-regulation, carbon border adjustment mechanism, CBAM, industrial policy of the Russian Federation.
Bibliographic list of articles
1. Sokolov M. M. Russian strategies for introducing transboundary carbon regulation in the EU // Geoeconomics of Energy. – 2021. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strategii-rossii-po-vvedeniyu-transgranichnogo-uglerodnogo-regulirovaniya-v-es (date of access: 11/13/2023).
2. Biryukova N., Tadzhetdinova A. Legal regulation of decarbonization in the context of the EU energy transition // European security: events, assessments, forecasts. – 2022. – No. 64 (80). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/normativno-pravovoe-regulirovanie-dekarbonizatsii-v-kontekste-energeticheskogo-perehoda-es (date of access: 05.11.2023).
LAW OF FOREIGN COUNTRIES
BIRYUKOV Pavel Nikolaevich
Ph.D. in Law, professor, Head International and Eurasian law sub-faculty of the Voronezh State University
CONFISCATION OF CRIMINAL ASSETS LOCATED ABROAD (SOUTH KOREAN EXPERIENCE)
The article discusses the legislation of the Republic of Korea on the identification and return of foreign assets obtained by criminal means. The substantive legal norms on responsibility for concealing and transferring illegal income abroad are examined. International treaties on legal assistance in criminal matters and Korean legislation on laundering of criminally obtained assets
are analyzed in detail. Much attention is paid to the procedure for seizing and confiscating assets transferred abroad.
Keywords: Republic of Korea, anti-money laundering treaties, anti-money laundering legislation of the Republic of Kazakhstan, seizure and confiscation of assets, Ministry of Justice of the Republic of Korea, supreme Prosecutor’s office of the Republic of Korea, Financial Intelligence of the Republic of Korea.
Bibliographic list of articles
1. Biryukov P. N. Police of the Republic of Korea: general provisions // Eurasian Legal Journal. – 2015. – No. 11 (102). – pp. 357-362.
2. Golovanova N. A. Confiscation against corruption (foreign experience) // Journal of foreign legislation and comparative lawAvoscience. – 2015. –
No. 3. – pp. 496–503.
3. Rekhovskiy A. F., Voropaev G. S. A new jury model in the Republic of Korea // Journal of Advanced Research in Law and Economics. – 2016. – T. 7. – No. 8. – P. 2161-2166.
4. Tak-Kyun Hong and Myong-Hyon (Brandon) Ryu. Korean laws on recovery and confiscation of proceeds of crime. – [Electronic resource]. – Access mode:
https://www.lexology.com/library/detail.aspx?g=f701f49c-49fa-4efc-bb32-4676f6b5672b.
THEORY OF STATE AND LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training state and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training state and Municipal Employees of the Academy of the FPS of Russia
ON THE ISSUE OF INTERACTION BETWEEN JOURNALISTS AND GOVERNMENT AUTHORITIES: LEGAL ASPECTS
This article examines the features of interaction between government authorities and journalists in the information society. The problems arising during this interaction are analyzed. Effective methods and measures are proposed to improve this interaction. In particular, the creation of information platforms is being considered, which will be attended by both representatives of
government authorities and journalists from the media. It is this method, in our opinion, that is intended to provide reliable information to the general public.
Keywords: civil legislation, civil procedure, lawsuits, law enforcement agencies, government agencies, journalists, media, information platforms, press conferences, briefing.
Bibliographic list of articles
1. Ananyeva E. O., Ivliev P. V. On the issue of positive legal responsibility of the mass media // Eurasian Legal Journal. 2022. No. 9 (172).
pp. 157-159.
2. Shaikhutdinova L. S. Social responsibility of the media in modern conditions // Historical, philosophical, political and legal sciences, cultural studies and art history, questions of theory and practice. 2016. No. 12-3
(74). pp. 206-208.
3. Ananyeva E. O., Ivliev P. V. On the issue of social responsibility of the mass media // Eurasian Legal Journal. 2022. No. 9 (172). pp. 75-77.
THEORY OF STATE AND LAW
BUTENKO Anna Konstantinovna
Ph.D. in philosophical sciences, associate professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
IGOSHIN Nikita Ivanovich
district commissioner of the police of the department of district commissioners of the police and the juvenile affairs unit of the Department of the MIA of Russia in the Pervomaisky district
ENSURING INFORMATION SECURITY: FEATURES OF LEGAL REGULATION
The article is devoted to topical issues of legal regulation of public relations in the field of information security. The article discusses the main reasons that have determined the priority of ensuring information security at the present time. The existing regulatory and legal mechanisms for regulating public relations in the field of information security are considered. suggestions were made to improve the mechanisms considered.
Keywords: information security, personal data, information technology, confidentiality, accessibility, legal regulation, public services.
Bibliographic list of articles
1. Abukarova M. M., Sugaipov M. A. V. The concept of information security as a system of social relations and an object of legal protection // In the collection: Modern approaches to the transformation of concepts of state regulation and management in socio-economic systems. Collection of scientific papers of the 12th International Scientific and Practical Conference. – Kursk, 2023.
2. Diveikina V.V., Panfirova D.V. Aspects of administrative regulation of media activities at the present time // In the collection: Law and society in the context of globalization: development prospects. Collection of scientific papers based on the materials of the International Scientific and Practical Conference. Edited by V. V. Bekher, N. N. Laichenkova. – Saratov, 2021.
3. Loginova T. D. Ensuring the individual’s right to information security: theoretical and legal aspect: dissertation … candidate of legal sciences: 12.00.01. – Omsk, 2019. – P. 182.
THEORY OF STATE AND LAW
KURNOSOVA Valeriya Vitaljevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
LEGAL MECHANISMS OF INTERACTION BETWEEN LEGAL AND ECONOMIC SYSTEMS
The relevance of the article is due to the need to consider the legal mechanisms of interaction between legal and economic systems. The article gives the concept of a legal system as a set of interacting legal means and elements that define regulatory models. These elements traditionally include: the system of law and legislation, legal culture, legal policy, legal implementation practice. And the economic system as a set of economic processes and phenomena determined by the integrity and unity of functional purpose. The main elements of the economic system usually include: production forces, economic relations and the mechanism of management. Conclusions are formulated: 1. In the law enforcement practice of subjects of civil law relations, the interaction of legal and economic systems is clearly traced. 2. The interaction of the legal and economic system consists, first of all, in their functional communication. The legal and economic systems are united by their social purpose. They are different due to their instrumental role: the essence of the economic system is related to the allocation of resources, and rights are related to the management of social relations.
Keywords: legal system, interaction, economic system, legal regulation, mechanism, contract.
Bibliographic list of articles
1. Abdullaev K. A., Abduryakhimova E. B., Alborov S. V. and others. Current problems of the effectiveness of private law: monograph / Responsible. ed. A. N. Levushkin, E. Kh. Nadyseva. M.: Justitsinform, 2022. 464 pp.
2. Alekseev S.S. Mechanism of legal regulation in the socialist state. M., 1966. P. 50-57.
3. Karkhalev D. N. Mechanism of civil law regulation of security relations. M.: Infotropik Media, 2022. 892 pp.
4. Maltsev G.V. Social foundations of law. M.: Norma, 2007. 800 p.
5. Toynbee A. Civilization before the court of history. M., 1995. pp. 84-96.
6. Mansurov G. Z. On some problems of the evolution of Russian law: from semi-peripheral to sovereign status // Lawyer. 2023. No. 7. P. 2-8.
7. Toynbee A. Comprehension of history: Collection. M., 1991. P. 87.
8. Shastitko A. E., Pavlova N. S. Why does economic analysis of law matter? // Law. 2018. No. 3. P. 59.
THEORY OF STATE AND LAW
MAKHONIN Danila Dmitrievich
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, Vladivostok
SCOBILEVA Irina Vyacheslavovna
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, Vladivostok
THE ROLE OF JUDICIAL PRECEDENT AS A QUASI-SOURCE OF LAW IN THE ROMANO-GERMANIC LEGAL FAMILY, ITS INFLUENCE ON THE POSITIVE LAW OF THE RUSSIAN FEDERATION
The article raises the issue of the applicability of judicial precedent as a quasi-source of law in Russia. The work provides a history of emergence, experience in using judicial precedent in the Anglo-Saxon legal family, and describes it as a source of law. The possible problems that may arise if a judicial precedent is recognized as an official source of law in the Russian Federation are highlighted. The article contains arguments in support of the use of quasi-sources as a tool to combat the gap in current legislation. Acceptable limits of quasi-sources use are considered. An analysis of the current legislation is provided.
Keywords: judicial precedent, quasi-source of law, positive law.
Bibliographic list of articles
1. Marchenko M. N. Judicial precedent: diversity of concepts and variety of forms of manifestation // Journal of Russian Law. – 2006. – No. 6. – P. 96-107.
2. Marchenko M. N. Is judicial practice a source of law? // Journal of Russian Law. – 2000. – No. 12. – P. 14-15.
3. Polyakov S. B. Judicial precedent in Russia: a form of law or arbitrariness? // Lex russica. – 2015. – No. 3. – P. 28-41.
4. Tumanov D. A. Gaps in civil procedural law: abstract of the dissertation of a candidate of legal sciences: 12.00.15. – M., 2007. – P. 30.
5. Kozmenko E. N., Luneva E. N. Judicial precedent in Russia // Magistracy Bulletin. – 2015. – No. 2 (41). – Volume III. – pp. 19-20.
6. Fomushina E. P. The importance of judicial precedent in Russia // Bulletin of VolSU. – 2009. – Series 5. Issue 11. – P. 81-84.
7. “Constitution of the Russian Federation” (adopted by popular vote on 12/12/1993 with amendments approved during the all-Russian vote on 07/01/2020).
8. “Arbitration Procedural Code of the Russian Federation” dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023, as amended on June 22, 2023).
9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2020 No. 13 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the arbitration court of cassation.”
10. “Civil Procedure Code of the Russian Federation” dated November 14, 2002 No. 138-FZ (as amended on June 24, 2023, as amended on July 20, 2023).
11. “Code of Administrative Proceedings of the Russian Federation” dated 03/08/2015 No. 21-FZ (as amended on 07/24/2023).
THEORY OF STATE AND LAW
MATANTSEV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of State law disciplines sub-faculty of the Academy of Management of the MIA of Russia
TO THE PROBLEM OF THE CORRELATION OF ACTUAL AND LEGAL BEHAVIOR
The article deals with the theoretical problems of the correlation of actual and legal behavior, taking into account modern trends in the legal regulation of public relations. The author studies such properties of legal behavior as social significance, legal regulation and notes that in the conditions of intensification of legal regulation, concretization and detailing of legal prescriptions, the boundaries of legal behavior are blurred, the actual behavior that does not possess socio- legal qualities are legalized.
Keywords: legal behavior, actual behavior, legal regulation, legal totalitarianism.
Bibliographic list of articles
1. Bolyak I. A. Behavior in the public legal sphere: dis. Ph.D. legal Sci. – M., 2005. – 158 p.
2. Zaloilo M.V. Fragmentation as a modern trend in the development of legal space // Law: Journal of Higher School of Economics. – 2020. – No. 1. – P. 27-49.
3. Crombie D. The stupidest laws in the world. – M.: Gorodets, 2008. – 128 p.
4. Kudryavtsev V. N. Legal behavior: norm and pathology. – M.: Nauka, 1982. – 288 p.
5. Pyanov N. A. Legal behavior: concept and types // Siberian Legal Bulletin. – 2004. – No. 4. – P. 11-14.
6. Repyev A. G. Limits of casuistry in the law-making process: omissions in the regulation of social relations and the risks of legal discretion // Philosophy of Law. – 2021. – No. 3. – P. 41-46.
7. Theory of state and law. Textbook for law schools and faculties / ed. V. M. Korelsky and V. D. Perevalov. – M.: INFRA-M-NORMA, 1997. – 570 p.
8. Tolstik V. A. Legal totalitarianism: strategy of lawmaking or movement by inertia? // Legal technology. – 2015. – No. 9. – P. 759-763.
HISTORY OF STATE AND LAW
ALIEV Bagomed Gadaevich
Ph.D. in historical sciences, professor, chief researcher of the Dagestan Federal Research Center of the Russian Academy of Sciences
MAGARAMOV Sharafutdin Arifovich
Ph.D. in historical sciences, associate professor of Historical and legal disciplines sub-faculty of the North Caucasian Institute (branch) of the All-Russian State University of Justice, senior lecturer of History sub-faculty of the Dagestan State Pedagogical University
MANATILOVA Zoya Zengievna
Ph.D. in historical sciences, associate professor of General history sub-faculty of the Faculty of History of the Dagestan State Pedagogical University
CUSTOMARY LAW IN PREVENTION AND SETTLEMENT OF CONFLICTS IN DAGESTAN
The article is devoted to the study of the role of customary law in resolving conflict situations within the communities of Dagestan. Adat legal norms in pre-revolutionary Dagestan acted as the basic laws on the basis of which controversial issues were resolved. There were also institutions of reconciliation, which often prevented or averted conflicts.
Keywords: customary law, adat, Dagestan, offenses, conflict resolution.
Bibliographic list of articles
1. Aliev B. G. Kaba-Dargo in the 18th–19th centuries. (Essay on socio-political history). Makhachkala, 1972.
2. Adats of Dargin societies // Collection of information about the Caucasian highlanders. Vol. VII. Tiflis, 1973.
3. Adats of South Dagestan societies // Collection of information about the Caucasian highlanders. Vol. VIII. Tiflis, 1875.
4. Dalgat A. In the fire of revolution. Makhachkala, 1960.
5. From the history of the law of the peoples of Dagestan. Materials and documents / Comp. A. S. Omarov. Makhachkala, 1968.
6. Komarov A.V. Adats and legal proceedings on them (Materials for statistics of the Dagestan region) // Collection of information about the Caucasian highlanders. Vol. I. Tiflis, 1868.
7. Monuments of customary law of Dagestan of the 17th–19th centuries. Archival materials / Comp., pred. and note. Kh. M. Khashaeva. M., 1965.
8. Reader on the history of law and state DagestAna XVIII-XIX centuries. / Comp. Aitberov T. M. Part 1. Makhachkala, 1999.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation
FEATURES OF LEGAL PROTECTION OF MOTHERHOOD AND CHILDHOOD IN GERMANY AT THE BEGINNING OF THE XX CENTURY
The article discusses the features of measures taken in Germany in connection with the decrease in population and the decline in fertility at the beginning of the XX century. It is shown how, on the basis of the legislative acts in force at that time, the issue of child protection, protection and assistance to large families and single mothers was resolved. The authors analyze and compare the organization of maternity and infantile protection on this issue in various cities of Germany. In conclusion, the results are summarized, which allow us to make a categorical conclusion about the importance of the measures taken in Germany during the time period under study on the issue of maternity and childhood protection.
Keywords: motherhood, childhood, infancy, consultations, insurance of mothers.
Bibliographic list of articles
1. Bulletin of maternal and childhood protection, collection No. 1. – Kharkov: Publishing house. Sanprosveta, 1922. – P. 87.
2. Protecting children’s health in Europe and the USA at the beginning of the 20th century. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ohrana-zdorovya-detey-v-stranah-evropy-i-ssha-v-nachale-hh-veka?ysclid=lnlcw9rkqr231848983 (date of access: 10.10.2023 ).
HISTORY OF STATE AND LAW
IGNATJEV Nikita Olegovich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
FORMATION OF SCIENTIFIC KNOWLEDGE ABOUT THE HISTORICAL TYPES OF THE STATE BY SOVIET LEGAL SCIENCE
The article examines the contribution of Soviet legal science to the development of the historical typology of the state. The characteristic of the formation concept of the development of the state of K. Marx is given. Production methods (formations) are described and their characteristics are given. Special attention is paid to the discussion about the Asian method of production and the stages of its development. The author analyzes the works of Soviet scientists and draws a number of conclusions about the significance and great contribution of this period to the development of the historical typology of the state. Trends in the development of legal science in the Soviet period are noted.
Keywords: type, typology of the state, formational concept, theory of socio-economic formations of K. Marx, discussion about the Asian mode of production.
Bibliographic list of articles
1. Avilkina A. A. Typology of the state in legal science: from formational theory to civilizational diversity // Eurasian Union of Scientists. – 2020. – No. 3-5 (72). – pp. 33-37.
2. Kradin N.I. Modern problems of the theory of world history // Bulletin of NSU. Series: History, philology. – 2007. – No. 1.
3. Marx K., Engels F. Soch., vol. 19. – 420 pp.
4. Nureyev R. M., Orekhovsky P. A. Discussions about the Asian mode of production (political economy of socialism: cognitive dead end of the 1970s) // JER. – 2021. – No. 2. – P. 9-13.
5. Ostrovityanov K.V. Political economy // State publishing house of political literature. – M., 1954. – P. 5-8.
6. Reutov V. P. A. A. Ushakov on the typology of state and law // Bulletin of Perm University. Legal sciences. – 2009. – No. 2. – P. 48-57.
7. Rozhkova L.P. Principles and methods of typology of state and law: diss. …cand. legal Sci. Leningrad, 1980. – 197 p.
HISTORY OF STATE AND LAW
SYPCHENKO Alla Viktorovna
Ph.D. in historical sciences, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
ACTIVITY OF THE LABOR PEOPLE’S SOCIALIST PARTY IN DEVELOPING THE LEGISLATIVE FRAMEWORK FOR ELECTIONS TO THE CONSTITUENT ASSEMBLY
The article examines the activities of the Labor People’s socialist Party (TNSP, People’s socialists, Popular socialists) in developing the legislative framework for elections to the Constituent Assembly. The materials of the meetings of the special Meeting created under the Provisional Government to develop the draft Regulations on the elections to the Constituent Assembly are analyzed; documents on the activities of the Popular socialists in key positions in the coalition Provisional Government; party documents and materials. It is emphasized that, having proclaimed the demand for convening the Constituent Assembly in its program, the TNsP carried it through the years, constantly reminding society and the authorities that only the Constituent Assembly is competent to resolve the main issues of Russian society. It was revealed that in the special Meeting the People’s socialists made up 13%, forming the second majority after the Cadets. It is shown that their lawyers A. Zarudny, L. Bramson, E. Galperin, E. Pontovich, I. Yashunsky made a particularly significant contribution to the development of the legislative framework for elections to the Constituent Assembly.
The author summarizes the main provisions of the study and concludes that the people’s socialists, in the process of preparing the legislative framework for the elections to the Constituent Assembly, showed not only high activity, but also a high qualification level. This determined their authority in the special Meeting and their significant role in the preparation of legislation for elections to the Constituent Assembly. The ideas and proposals of the Popular socialists found support from other members of the special Meeting and formed the basis for this legislation. It is emphasized that, at the same time, the People’s socialists consistently defended their positions on all issues, and if they could not get a majority of votes on any of these issues, then they expressed their “dissenting opinion”.
Keywords: Popular socialists, Labor People’s socialist Party, TNsP, Constituent Assembly, special Meeting, Regulations on elections to the Constituent Assembly, All-Russian Commission on Elections to the Constituent Assembly.
Bibliographic list of articles
1. Program of the Labor (People’s Socialist) Party // People’s Socialist Review. – 1906. – No. 1.
2. State Archives of the Russian Federation (hereinafter referred to as the RF GA). – F. 1810. – Op. 1. – D. 10. – L. 264.
3. Sypchenko A.V. Legal doctrine of the Labor People’s Socialist Party // Eurasian Legal Journal. – 2022. – No. 4 (167). – 291-292.
4. Proclamation of the Petrograd City Committee of the People’s Socialist Party // State Social and Political Library (hereinafter referred to as GOPB). ORC. Collection of leaflets, appeals and proclamations of the Labor (N.-S.) Party.
5. Sypchenko A.V. Labor People’s Socialist Party: theory and practice. – Samara: SSPU Publishing House, 2004. – 516 pp.
6. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). Abstract of thesis. … Doctor of Historical Sciences. – Samara, 2006. – 48 p.
7. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). dis. … Doctor of Historical Sciences. – Samara, 2006. – 591 pp.
8. Sypchenko A.V. People’s socialists in key positions of the coalition Provisional Government // Eurasian Legal Journal.
– 2023. – No. 2 (177). – pp. 101-103.
9. Russian State Historical Archive (hereinafter referred to as RGIA). – F.857. – Op. 1. – D. 1594. – L. 2-11.
10. RGIA. – F. 857. – Op. 1. – D. 1594. – L. 2, 11.
11. RGIA. – F.857. – Op. 1. – D. 1594. – L. 4.
12. RGIA. – F. 857. – Op. 1. – D. 1594. – L. 1.
13. RGIA. – F.857. – Op.1. – D. 1578. – L. 28.
14. RGIA. – F. 857. – Op. 1. – D.1605. – L. 2.
15. RGIA. – F. 857. – Op. 1. – D. 1605. – L. 1.
HISTORY OF STATE AND LAW
URUSOV Zamir Khasanovich
senior lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE FORMATION OF RUSSIAN STATEHOOD AND LAW: IDEOLOGICAL ASPECT
A large number of political events, economic, cultural, social and other reasons and changes form the basis of statehood and law in Russia. The development of the Russian state was influenced by other cultures and the rules of law of foreign countries. Some of the norms were borrowed. Nevertheless, the state-legal culture was able to become original, to be formed not as a carbon copy, but to acquire features that differ from similar foreign structures. Some of them, on the contrary, were well suited for Russia and have survived to the present day. At the same time, it is quite difficult toidentify the basic concept of the ancient state, its ideas and values, since there is also practically no mention of this in historical documents. There are many conflicting opinions in the scientific community, so it is difficult to establish the truth regarding certain events that influenced the formation of statehood. However, the conclusion that the formation of state institutions took place under the influence of external factors and intellectual justifications of that time is undeniable.
Keywords: statehood, law, legal norms, state-legal culture, intellectual justification, state institutions.
Bibliographic list of articles
1. Bredikhin A.L. Ideological foundations of the formation of Russian statehood and law // Law: retrospective and perspective. – 2021. – No. 1 (5). – pp. 13-18.
2. Zhulanov A.V., Samarsky A.N. Modern development of law and state of Russia: problems and prospects // In the collection: Current problems of private and public law. Collection of scientific papers of the All-Russian Scientific and Practical Conference. – 2020. – pp. 166-168.
3. Kotlyarevsky V. Legal prerequisites of Russian basic laws. – St. Petersburg, 1912. – 223 pp.
4. Kuzmin A.G. The beginning of Rus’: Secrets of the birth of the Russian people. – M.: Veche, 2003.
5. Levgeeva T. B. Historical aspects of the development of the legal system of Russia // New legal bulletin. – 2019. – No. 7 (14). – P. 1-4.
6. Perevezentsev S.V. On the history of Russian statehood // Bulletin of Moscow University. Series 12. Political sciences. – 2012. – No. 6. – P. 15-26.
7. Solovyov S. M. Readings and stories on the history of Russia. – M.: Pravda, 1989. – 768 p.
CONSTITUTIONAL LAW
SALMANOV Nizam Nazirmagomedovich
magister student of Constitutional and international law sub-faculty of the Dagestan State University
ORGANIZATIONAL INTERACTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION AND THE EXECUTIVE BRANCH IN MODERN RUSSIA: CONSTITUTIONAL AND LEGAL ASPECT
The article is devoted to the study of interaction between the head of state and the executive branch. At the present stage of state construction, it plays an important role in the functioning of our state, since the President of the Russian Federation is most connected with the executive branch. This article is devoted to the study of the institution of the President of the Russian Federation as the basis of the executive power system in our country: the powers and functions of both the President and the Government of Russia.
Keywords: President, Constitution, Government, executive power, interaction, legal regime, charter, law.
Bibliographic list of articles
1. Nudnenko L. A. Constitutional law of Russia: a textbook for academic undergraduates. – Moscow: Yurayt Publishing House, 2019. – P. 366.
2. Karasev A. T., Morozova A. S. Head of state in the system of separation of powers: some issues of characteristics of powers // Constitutional and municipal law. – 2013. – P. 85.
CONSTITUTIONAL LAW
SWAYEDI Ali Khalil Burhan
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
PROBLEMS OF IMPLEMENTATION OF DECISIONS OF CONSTITUTIONAL CONTROL BODIES IN IRAQ AND RUSSIA: COMPARATIVE LEGAL RESEARCH
The Russian Federation and the Republic of Iraq have made a significant way towards the democratization of the political system and the formation of civil society. The most important step on this path in both cases was the adoption of a new Constitution, which found legal principles that fully comply with international democratic standards and at the same time take into account national cultural traditions.
Within the framework of this study, a comparison of the existing legal concepts of constitutional control is carried out, the concept of constitutional control is analyzed, the problems arising in the implementation of decisions of the judicial bodies of constitutional control of the Russian Federation and the Republic of Iraq are highlighted.
Keywords: decisions of the constitutional control bodies, the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation, the Constitution of the Republic of Iraq, the Federal Supreme Court of the Republic of Iraq.
Bibliographic list of articles
1. Berdnikova E.V., Rabia A.I. Current problems of the formation and development of constitutional control bodies in the Republic of Iraq // Legal culture. – 2013. – No. 2 (15). – P. 83.
2. Zorkin V. D. The Constitution of the Russian Federation is the legal basis for the integration of Russian society // Journal of Constitutionof this justice. – 2018. – No. 6 (66). – P. 3.
3. Lazarev L. V. Legal positions of the Constitutional Court of Russia. – M.: Formula of Law, 2018. – P. 45.
4. Khabrieva T. Ya. Constitutional reform 2020 and novelization of legal knowledge. [Electronic resource]. – Access mode: https://izak.ru/img_content/ events/ konstitucionnaya-reforma-2020.pdf.
5. Hussein N. Kh., Toghramchi V. T. The Supreme Federal Court of the Republic of Iraq as a body of constitutional control // Eurasian Legal Journal. – 2020. – No. 3. – P. 62.
6. Faleh Abdul-Jabbar. Demands for a permanent constitution // Dead end of the Constitution – criticism and analysis. Institute for Strategic Studies. 1st ed. Baghdad, 2006. – P. 92.
ADMINISTRATIVE LAW
ANTONOV Alexander Alexeevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Khabarovsk
SHEVKO Nikolay Nikolaevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Khabarovsk
ABOUT INDIVIDUAL VIOLATIONS OF LAW AND ORDER ON BOARD THE AIRCRAFT
The article deals with the issue of ensuring the safety of passengers on board an aircraft, the distribution of responsibilities and tasks to organizations responsible for transport security, the specifics of decision-making by crew members when the aircraft is in flight in cases of passengers committing the rules of stay and behavior on board an aircraft, offers options for changing administrative legislation specifically to the violator of law and order during air travel, about the possibility of introducing a new rule of criminal law for violations of order in flight, restrictions on the right of passengers to have alcoholic beverages on board the ship.
Keywords: transport security, aviation security, aircraft, law and order, petty hooliganism, smoking on an airplane, administrative responsibility, suppression of an offense.
Bibliographic list of articles
1. Criminal Code of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ (as amended on September 24, 2022). Access from the reference legal system “ConsultantPlus”.
2. Code of the Russian Federation on Administrative Offenses: Federal Law of December 30, 2001 No. 195-FZ (as amended on October 20, 2022). Access from the reference legal system “ConsultantPlus”.
3. “On approval of the Rules for the actions of members of the aircraft crew and employees of the aviation security service of the operator (aviation enterprise) when suppressing illegal actions on board the aircraft of persons who, by their actions, create an immediate threat to the safety of the flight of the aircraft or a threat to the life or health of other persons and refuse obey the orders of the aircraft commander, the list of special restraints that are placed on board the aircraft, and the Rules for the use of special restraints that are placed on board the aircraft”: Decree of the Government of the Russian Federation of May 28, 2022 No. 978., Access from reference. -legal system “ConsultantPlus”.
4. On the issue of hooliganism: Syzganova A. S., Borisenko S. A., Farafontova E. L., Current problems of aviation and astronautics, Siberian State Aerospace University named after Academician M. F. Reshetnev. – Krasnoyarsk, 2013.
ADMINISTRATIVE LAW
ALIEV Abdulmalik Magomedovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Khasavyurt
ALIEVA Asiyat Islamudinovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
FEATURES OF CONSIDERATION OF ADMINISTRATIVE CASES BY THE COMMISSION ON JUVENILE AFFAIRS AND PROTECTION OF THEIR RIGHTS
Commissions for youth affairs and the protection of their rights occupy a special place among the subjects of the system for the prevention of neglect and juvenile delinquency. The article is devoted to the analysis of the modern legal regulation of the activities of commissions for youth affairs and the protection of their rights as a body of the system for the prevention of neglect and juvenile delinquency in Russia; the analysis of the main directions of such activities and the features of the functioning of commissions in modern conditions.
Keywords:commission, protection, prevention, neglect, minors, legal status, local government, offense.
Bibliographic list of articles
1. Bezhentsev A. A. Administrative and legal regulation of the activities of commissions on affairs of minors and childrenprotect their rights // Modern science. – 2010. – No. 2. – P. 11-15.
2. Law of the Republic of Dagestan dated December 24, 2007 No. 69 “On vesting local government bodies of municipal districts, city districts and intra-city districts of the Republic of Dagestan with state powers of the Republic of Dagestan to create and organize the activities of Commissions for minors and protection of their rights” (as amended and additional, entered into force on 01/01/2021) // Collection of legislation of the Republic of Dagestan. – December 29, 2007. – No. 20. – Art. 952.
3. Taibova O. Yu. Legal status of the commission for minors and protection of their rights: problems and development prospects // Lex russica. – 2015. – No. 1. – P. 59-66.
ADMINISTRATIVE LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
THE MAIN STAGES OF CONSIDERATION OF AN ADMINISTRATIVE OFFENSE CASE IN COURT
To date, 23 different codes of laws have been legislatively adopted and put into effect in the Russian Federation. Among them is one concerning the topic of our research. This is the Code of Administrative Offenses or the Administrative Code for short. The Administrative Code of the Russian Federation contains a set of norms and rules governing many aspects of life, the enumeration of which will take up too much space and highlight which we will try to continue this study. One of the most important features of this code is the federal and regional character of the code. Thus, the Code defines federal and regional offenses. In the article, the author briefly examines the history of the development of the legal system, and, in particular, the administrative code; highlights the main stages of consideration of an administrative offense case: preliminary examination, consideration on the merits, sentence and appeal instance.
Keywords: sentence, offense, instance, code, appeal, principle of punishability.
ADMINISTRATIVE LAW
ZHUROV Andrey Nikolaevich
Ph.D. in historical sciences, associate professor, associate professor of History of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
GOSTEV Sergey Sergeevich
Ph.D. in Law, associate professor of History of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ERMAKOV Evgeniy Gennadjevich
Ph.D. in Law, associate professor of History of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
POLICE ACTIVITY IN REGULATING THE TURNOVER OF ALCOHOLIC BEVERAGES AND COMBATING DRUNKENNESS IN THE RUSSIAN EMPIRE IN THE FIRST HALF OF THE XVIII CENTURY
The article is devoted to the legal regulation of police activities to control the production and trade of alcoholic beverages and the fight against drunkenness in the Russian Empire in the first half of the 18th century. It analyzes the regulatory legal acts that define the tasks of police authorities in the area under study. Particular attention in the article is paid to the activities of the Russian police in identifying and suppressing the illegal production and sale of alcoholic beverages, which are classified by domestic legislation as “mooring”.
Keywords: police, Police Chief’s Office, Chief of Police General, wine monopoly, tax farming, trade rules, groveling.
Bibliographic list of articles
1. Mikheeva I.V., Pronina N.V., Loginova A.S. Wine monopoly in Russia in the 17th-19th centuries: fiscal and (or) social interests // Bulletin of Tomsk State University. – 2022. – No. 482.
2. Complete collection of laws of the Russian Empire since 1649: [Collection 1]. (hereinafter referred to as PSZ RI). T. I. – St. Petersburg, 1830. – No. 72.
3. PSZ RI. T. II. – St. Petersburg, 1830. – No. 882.
4. PSZ RI. T. IV. – St. Petersburg, 1830. – No. 2059.
5. Great encyclopedia. Ed. S. N. Yuzhakova. Fourteenth volume. Printed from a stereotype. Publication in St. Petersburg. – St. Petersburg: Typolithography of the Book Publishing Partnership “Enlightenment”, 1896.
6. PSZ RI. T. V. – St. Petersburg, 1830. – No. 3703.
7. PSZ RI. T. V. – St. Petersburg, 1830. – No. 3299.
8. PSZ RI. T. X. – St. Petersburg, 1830. – No. 7233.
9. PSZ RI. T. IX. – St. Petersburg, 1830. – No. 6566.
10. PSZ RI. T. XI. – St. Petersburg, 1830. – No. 8674.
11. PSZ RI. T. V. – St. Petersburg, 1830. – No. 3212.
12. PSZ RI. T. XI. – St. Petersburg, 1830. – No. 8260.
13. PSZ RI. T. IX. – St. Petersburg, 1830. – No. 8260.
14. PSZ RI. T. X. – St. Petersburg, 1830. – No. 7508.
15. PSZ RI. T. VIII. – St. Petersburg, 1830. – No. 5258.
16. PSZ RI. T. X. – St. Petersburg, 1830. – No. 7477.
17. Frolov V.V., Varlacheva A.V. Formation and development of the legal and organizational foundations of police activities to combat drunkenness in St. Petersburg in the period of the 18th–19th centuries. // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2013. – No. 1 (57).
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police department sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KRAVTSOV Sergey Sergeevich
Ph.D. in economical sciences, senior lecturer of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russian Federation
BROVKO Nikolay Vladimirovich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
SOME FEATURES OF THE LEGAL STATUS AND OPERATION OF PERSONAL MOBILITY EQUIPMENT
This article discusses the main aspects of the legal status and operation of means of individual mobility. In our country, the problem of the legal status and operation of personal mobility equipment was voted only in 2017 by representatives of the State Traffic Inspectorate. Until that time, unfortunately, practically no one had dealt with this issue at the state level. Since that moment, this topic has constantly become the subject of various controversial disputes, which, unfortunately, have not developed into a legal field, and, consequently, this problem has not been resolved. The means of individual mobility that are currently moving along the roads and sidewalks of our country, for the most part, due to design features and various flaws, do not pass any certification and are not subject to standardization, thereby representing a means of increased danger for both persons.
Keywords: vehicle, autoped, sidewalk, public road, police officers.
Bibliographic list of articles
1. Who is bothered by gadgets? [Electronic resource]. – Access mode: https://rosavtodor.gov.ru/storage/app/media/uploaded-files/DR_03_2020_web.pdf
2. Project of the Ministry of Transport. [Electronic resource]. – Access mode: https://www.garant.ru/article/1445115/
3. Changes and additions to traffic rules. [Electronic resource]. – Access mode: www.regulation.gov.ru
4. Thematic round table. [Electronic resource]. – Access mode: https://dorinfo.ru/star_detail.php
5. [Electronic resource]. – Access mode: www.regulation.gov.ru (date of access: 05.20.2023).
6. [Electronic resource]. – Access mode: https://dorinfo.ru/star_detail.php?ELEMENT_ID=81487 (date of access: 05.20.2023).
7. [Electronic resource]. – Access mode: https://rosavtodor.gov.ru/storage/app/media/uploaded-files/DR_03_2020_web.pdf (date of access: 05.20.2023).
8. [Electronic resource]. – Access mode: http://static.government.ru/media/files/g6BXGgDI4fCEiD4xDdJUwlxudPATBC12.pdf (access date: 06/10/2023).
9. [Electronic resource]. – Access mode: https://checko.ru/company/mod-soyuz-peshekhodov-1117799015014 (access date: 06/10/2023).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University
ABDUSAMADOV Gamid Usmikhanovich
magister student of the 2nd course of Administrative, financial customs law sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMS OF PUBLIC SERVICE REFORM IN THE RUSSIAN FEDERATION
In recent years, the Russian Federation has been actively reforming and developing the institution of public service, due to the fact that this activity is one of the priority areas for establishing and strengthening the rule of law. A clear apparatus of public service contributes to strengthening the authority of the State, acts for the benefit of society and in the interests of protecting the rights of every person. The purpose of the reforms, of course, is to solve existing problems (ensuring the effective functioning of the executive power system, preventing and suppressing corruption, etc.). The article examines the institute of public service at the present stage of the Russian state. The legal basis of its regulation, the order of its passage are studied, the main problematic aspects in the implementation of this institute are identified, as well as options for reforming and improving the institute of public service are proposed.
Keywords: civil service, civil servant, legal regulation, reform, legal act.
Bibliographic list of articles
1. Voronina I. A. On the problems of implementing administrative reform in Russia // Bulletin of the Orenburg State University. – 2011. – No. 3. – P. 24-30.
2. Grishkovets A. A. Legal regulation of public service // Journal of Russian Law. – 1998. – No. 7. – P. 17-18.
3. Dubik S. N. Continuity of the process of reforming the public service // Public Service. – 2009. – No. 2. – P. 5-7.
ADMINISTRATIVE LAW
MIRONOVA Oksana Alexandrovna
Head of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
YARMOSHEVICH Ekaterina Petrovna
student of the Crimean branch of the Krasnodar University of the MIA of Russia
INTERACTION OF THE POLICE WITH CIVIL SOCIETY INSTITUTIONS IN THE PREVENTION OF ILLEGAL MIGRATION
The article discusses and raises the issue of involving individual civil society institutions in solving the most important task of our time – the prevention of illegal migration. As a mechanism for solving this problem, it is proposed to develop cooperation with national-cultural autonomies, religious organizations and volunteer organizations. The author focuses on the fact that the cooperation of these institutions and the police will give a positive result in ensuring public safety.
Keywords: police, partnership, civil society, religious organizations, volunteer organizations, national and cultural autonomies, illegal migration
Bibliographic list of articles
1. Bugaychuk K. L. International experience of interaction between the police and the public // Public administration and society. – 2022. – No. 11. – P. 48
2. VTsIOM: the majority of Russians trust police officers. – [Electronic resource]. – Access mode: https://tass.ru/
3. Tsapenko I. From immigration control to management of migration processes // World Economy and International Relations. – 2021. – No. 10. – P. 23
4. Borodich A.I. Interaction of internal affairs bodies with border service bodies in countering the organization of illegal migration // 105 years of the police of Belarus: materials of the rep. scientific-practical conf. (Minsk, March 2, 2022) / Academician. M-va ext. Affairs Rep. Belarus; [editor: M. A. Pashkeev and others]. – Minsk, 2022. – P. 20
5. Information portal of the Ministry of Justice of the Russian Federation. Information about national-cultural autonomies. [Electronic resource]. – Access mode: http://unro.minjust.ru/NKAs.aspx (access date 07.16.2023)
ADMINISTRATIVE LAW
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
POLIKARPOV Denis Igorevich
senior lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
SOME ASPECTS OF POLICE ACTIVITIES IN THE FIELD OF PROTECTING CHILDREN FROM INFORMATION THAT HARMS THEIR HEALTH AND DEVELOPMENT
Protecting children from harmful information and ensuring their information security are urgent issues for the State. Due to the wide access to the Internet and other means of communication, children become vulnerable and exposed to negative information that can harm their health and development. To solve this problem, the State should regulate the activities of internal affairs bodies in order to protect children from destructive information and prevent harm to them.
Keywords: minors, juvenile delinquency, information security, protection, internal affairs bodies, the Ministry of Internal Affairs of Russia, the Internet, media content, destructive information, destructive informational and psychological impact.
Bibliographic list of articles
1. 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” // SZ RF. – 2017. – No. 20. – Art. 2901.
2. The concept of countering terrorism in the Russian Federation (approved by the President of the Russian Federation on October 5, 2009) // IPP “Garant.ru”. – [Electronic resource]. – Access mode: https://base.garant.ru/12170277/.
3. Arkhireiskaya T. Yu. Legal protection of children from information harmful to their health and development // Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. – 2018. – No. 35. – P. 5-9.
4. Bogomaz O. V. Ensuring information security of children and youth: legal, pedagogicale and psychological aspects // Law. Safety. Emergencies. – 2021. – No. 3 (52). – P. 35-41.
5. Botsoeva A.V., Guchetl S.K., Lazarenko L.A. On the destructive influence of the Internet on minors: the context of prevention // Problems of modern pedagogical education. – 2021. – No. 71-1. – pp. 275-278.
6. Zanina T. M., Lukina E. I. Main directions of activities of units for juvenile affairs of the internal affairs bodies of the Russian Federation in the field of information security of minors // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – P. 215-218.
ADMINISTRATIVE LAW
PLATITSYNA Lyubov Andreevna
student of the specialization in “Judicial and Prosecutorial Activities” of the Institute of the Prosecution of the O. E. Kutafin Moscow State Law University (MSAL)
IMPROVING THE ADMINISTRATIVE AND LEGAL STATUS OF THE OMBUDSMAN FOR CHILDREN IN RUSSIA: THEORETICAL AND LEGAL ASPECT
The article examines the issues of improving the administrative and legal status of the Ombudsman for Children. It concludes that the Federal Ombudsman, in the process of implementing his administrative and legal status, can’t influence the activities of state bodies, which complicates his ability to provide timely assistance to a child in need.
Keywords: ombudsman, Ombudsman for Children, UN Convention on the Rights of the Child, child protection, administrative and legal status.
Bibliographic list of articles
1. Shamrin M. Yu. Protection of children’s rights: administrative and legal aspect // Eurasian Legal Journal. – 2013. – No. 3 (58). – pp. 137-143.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the 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
CIVIL LIABILITY IN CASE OF TRANSPORT ACCIDENTS
The paper deals with issues related to the possibility of legislative regulation of issues related to compensation for damage caused by aggressive driving. In addition, the paper describes the legislative framework for the establishment of signs of aggressive driving, the consolidation of legal definition and establishment of criteria for civil, administrative and criminal liability in the norms of law. The authors make a comparative analysis of the norms of the legislation of individual countries on the control of such behavior of drivers of motor vehicles, the gradation of the causes of such behavior and the characteristics of measures applied to offenders.
Keywords: civil legislation, civil liability, administrative liability, compensation for damage, transport, traffic, control of execution.
Bibliographic list of articles
1. Fine for aggressive driving in Russia and other countries. – [Electronic resource]. – Access mode: https://avtoinstruktor199.ru/news/shtraf-za-agressivnoe-vozhdenie-v-rossii-i-drugix-stranax/ (accessed September 18, 2023).
2. Ananyev O. G., Ananyeva Zh. N. Criminological characteristics of factors contributing to the commission of crimes in transport // Eurasian Legal Journal. 2023. No. 1 (176). pp. 307-309.
3. Particularly dangerous. How reckless drivers are punished in different countries | Security | Auto | Arguments and Facts. [Electronic resource]. – Access mode: https://aif.ru/auto/safety/osobo_opasen_kak_nakazyvayut_lihachey_v_raznyh_stranah (accessed September 20, 2023).
CIVIL LAW
IVANOVA Mariya Yurjevna
consultant on taxes and fees of the limited liability company “GOLDEN”
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF CERTAIN ASPECTS OF THE DEVELOPMENT AND SUPPORT OF SMALL BUSINESS (ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY)
The issues of development and support of small business are quite relevant not only at the level of the state as a whole, but also at the level of the subjects of the Russian Federation. The subjects of the Russian Federation are developing regional regulatory legal acts regulating these issues. In this article, the authors consider some aspects related to the development and support of small businesses in the Krasnoyarsk Territory. The statistics of small business growth as of 2022-2023 in this region are analyzed, and a brief analysis of the economic state of this institution is presented for review.
Keywords: small entrepreneurship, small business, small business entities, state support, economic development, Krasnoyarsk Territory.
Bibliographic list of articles
1. Dedyurina O.V., Kiseleva D.S., Afanasyeva T.N. Development of small business in the Krasnoyarsk region // Current problems of aviation and astronautics. – 2013. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-malogo-predprinimatelstva-v-krasnoyarskom-krae (date of access: 09/26/2023).
CIVIL LAW
ISMAGULOV Ravil Ravilievich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
THE FORMATION OF THE DOCTRINE OF THE PIERCING THE CORPORATE VEIL IN RUSSIA AND IN FOREIGN COUNTRIES
Considering the large number of bankruptcy cases, as well as the increase of the number of persons brought to subsidiary liability, the study of the doctrine of piercing the corporate veil seems to be topical issue.
The purpose of this study is to consider the emergence and the formation of the doctrine of piercing the corporate veil in Russia and in foreign countries, as well as to identify how it influences the current state of affairs.
There are both general scientific methods, such as logical, systematic, historical, statistical, and special methods of legal science, such as formal dogmatic, comparative legal, technical and legal to achieve the above purpose.
As a result of the study, we identify the concept and history of the corporate veil concept, we systematize the approaches to the application of the doctrine of piercing the corporate veil in the USA, Great Britain and Germany, also we determine the chronology of the development of the doctrine of piercing the corporate veil in Russia.
Keywords: corporate veil, subsidiary liability, bankruptcy, minimum capital requirements, instrumentality doctrine, alter ego doctrine.
Bibliographic list of articles
1. Alting C. Piercing the corporate veil in American and German law – liability of individuals and entities: a comparative review // Tulsa Journal of Comparative and Internal law. – 1995. – No. 2.
2. Bryan A. Garner. Black’s Law Dictionary, 9th edition. – St. Paul, West Group Publ, 2009.
3. Enwukwe N. E. Piercing the corporate veil of an incorporation to ascertain the real actors: the United Kingdom approach // Port Harcourt journal of business law. – 2020. – No. 7.3.
4. Posner R.A. The Rights of Creditors of Affiliated Corporations // Chicago Law Review. – 1976. – No. 43.
5. Powell F.J. Parent and Subsidiary Corporations: liability of a parent corporation for the obligations of its subsidiary. – Chicago, 1931.
6. Schall A. The new law of piercing the corporate veil in the UK. – ECFR, 2016.
7. Tan C. H., Wang J., Hofmann C. Piercing the corporate veil: historical, theoretical & comparative perspectives // Berkeley Business Law Journal. – 2019. – No. 5.
8. Thompson R. B. Piercing the Corporate Veil: An Empirical Study // Cornell Law Review. – 1991. – No. 76.
9. Wormser I. M. Piercing the Veil of Corporate Entity // Columbia Law Review. – No. 12. – 1912.
10. Budylin S. L., Ivanets Yu. L. Tearing off the covers. The doctrine of lifting the corporate veil in foreign countries and in Russia // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2013. – No. 7.
11. Egorov A.V., Usacheva K.A. The doctrine of “removing the corporate veil” as a tool for distributing risks between participants of the corporation and other subjects of turnover // Bulletin of Civil Law. – 2014. – No. 1.
12. Kozlova N.V. The concept and essence of a legal entity. Essay on history and theory: textbook. – Moscow: Statute, 2003.
13. Ruling of the Supreme Court of the Russian Federation dated November 2, 2015 No. 305-KG15-13737 in case No. A40-153792/2014.
14. Ruling of the Supreme Court of the Russian Federation dated January 29, 2016 No. 305-ES14-3834 in case No. A40-119763/2010.
15. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 08/06/2018 No. 308-ES17-6757(2,3) in case No. A22-941/2006.
16. Determinations of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated August 24, 2020 No. 305-ES20-5422(1,2) in case No. A40-232805/2017 @@ dated September 25, 2020 No. 310-ES20-6760 in case No. A14 -7544/2014 @@ dated 04.20.2022 No. 308-ES21-26679 in case No. A53-24369/2019 @@ Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 10.09.2018 No. 78-KG18-52.
17. OprDivision of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 03/06/2023 No. 303-ES22-22958 in case No. A51-5236/2022 @@ No. 310-ES19-28370 in case No. A54-2037/2017.
18. Parygina N. N., Nevzgodina E. L. The doctrine of lifting the corporate veil in individual countries of the Anglo-Saxon legal family through the prism of Russian experience // Bulletin of Omsk University. Series “Law”. – 2022. – T. 19. – No. 2.
19. Letter of the Federal Tax Service of Russia dated August 16, 2017 No. SA-4-18/16148@ “On the application by tax authorities of the provisions of Chapter III.2 of the Federal Law of October 26, 2002 No. 127-FZ.”
20. Pokrovsky I. A. History of Roman law. – St. Petersburg: Summer Garden Publishing House, 1998.
21. Resolution of the Constitutional Court of the Russian Federation dated October 31, 2023 No. 50-P.
22. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 24, 2012 No. 16404/11 in case No. A40-21127/11-98-184.
23. Rykov I. Yu. Subsidiary responsibility: trends in modern management. 2nd edition. – Moscow: Statute, 2019.
24. Statistical data of the Unified Federal Register of Bankruptcy Information. – [Electronic resource]. – Access mode: https://bankrot.fedresurs.ru/?attempt=1.
25. Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” // Collection of Legislation of the Russian Federation. – 2002. – No. 43. – P. 4190 (as amended on 03.11.2023).
CIVIL LAW
MOGILEVSKIY Grigoriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, associate professor of Civil law disciplines sub-faculty of the Siberian State University of Railway Engineering
TARASOV Yuriy Dmitrievich
Ph.D. in psychological sciences, Deputy Head of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, colonel of justice
A DIGITAL PASSPORT OF A CITIZEN (INDIVIDUAAL) IS THE MAIN DOCUMENT WITH THE USE OF INFORMATION TECHNOLOGIES, AS A MEANS OF ITS INDIVIDUALIZATION AS A SUBJECT OF CIVIL CIRCULATION
The publication provides a brief analysis of the legal discourse of the problem of identity card of a citizen (individual) as a subject of civil legal relations through the need to apply electronic (digital) technologies in the exercise of civil rights and the performance of duties on one’s own behalf. Along with the review of the modern historical aspect, foreign experience, positive aspects of the content of these legal and organizational procedures, the negative aspects are also revealed, as well as the conditions for their implementation in a certain time perspective.
Keywords: civil turnover, citizen (individual), exercise of rights, performance of duties, individualization, main document, passport, historical aspect, foreign experience, modern state, electronic (digital) technologies.
Bibliographic list of articles
1. Ismailov I. Kh. Electronic passport of a citizen in 2023. [Electronic resource]. – Access mode: w.w.w.kp.ru (date of access: 09/20/2023).
2. Shadayev M. Electronic passports are being introduced in the Russian Federation. [Electronic resource]. – Access mode: w.w.w.gazeta.ru (date of access: 09/23/2023).
3. Klyuchevskaya N.A. “Show your documents” or when electronic passports will appear in Russia. [Electronic resource]. – Access mode: www.garant.ru (date of access: 09/24/2023).
CIVIL LAW
FAYRUSHINA Margarita Zufarovna
Ph.D. in political sciences, lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
GOLIKOVA Natalya Leonidovna
lecturer of Special disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
LEGAL ASPECTS AND FACTORS INFLUENCING THE FORMATION OF A PSYCHOLOGICALLY COMFORTABLE EDUCATIONAL ENVIRONMENT
The article examines the legal aspects and factors influencing the formation of a psychologically comfortable educational environment. Subjective and objective factors play an important role in the formation of a psychologically comfortable educational environment in the “teacher-student” system. Subjective relationships affect a healthy atmosphere in the team and the learning process. Objective factors as an important component of the environment affect the psychological component of the subjects of the educational process.
Keywords: environment, comfort, education, psychology, educational environment.
Bibliographic list of articles
1. About educatedAI in the Russian Federation: Federal Law of December 29, 2012 No. 273. [Electronic resource]. – Access mode: https://www.consultant.ru (access date: 11/15/2023). – Text: electronic.
CIVIL LAW
YAKUBOV Mukhibbullo Lutfulloevich
postgraduate student of Legal regulation of economic activity sub-faculty of the Financial University under the Government of the Russian Federation
LEGAL MECHANISM OF USING SMART CONTRACTS IN BANKING
The topic of the article “Legal mechanism of using smart contracts in banking” is currently of high relevance, which is due to the timeliness of the study of this topic. Digitalization of business processes and the implementation of financial technologies especially emphasizes the relevance of this issue. The author reveals the mechanism for using smart contracts when including banking transactions. The author also gives a number of examples from the practice of using smart and contracts reveals the use of this technology in a number of banking transactions, such as syndicated loans, mortgage lending, etc.
Keywords: smart contract, distributed registry, syndicated loan, mortgage lending, banking transactions.
Bibliographic list of articles
1. Grin O. S., Grin E. S., Solovyov A. V. Legal design of a smart contract: legal nature and scope of application // Lex Russica (Russian Law). – 2019. – No. 8 (153). – pp. 51-62. – DOI 10.17803/1729-5920.2019.153.8.051-062. –EDN TWHUNW.
2. “An overview on smart contracts: Challenges, advances and platforms, Future Generation Computer Systems.” [Electronic resource]. – Access mode: https://arxiv.org/abs/1912.10370 (access date: 09/22/2023).
3. Federal Law of March 18, 2019 No. 34-FZ “On amendments to parts one, two and article 1124 of part three of the Civil Code of the Russian Federation.” Access from SPS “ConsultantPlus”.
4. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ. Access from SPS “ConsultantPlus”.
5. Abramov V. I., Glazkov A. A. Prospects for the use of smart contracts in the development of business ecosystems // Economics. Computer science. – 2022. – T. 49. No. 2. – P. 256-267. – DOI 10.52575/2687-0932-2022-49-2-256-267. – EDN GTUXNS.
6. Federal Law of July 16, 1998 No. 102-FZ (as amended on October 20, 2022) “On mortgage (real estate pledge).” Access from SPS “ConsultantPlus”.
7. Vashkevich A. M. Smart contracts: what, why and how // Simploer. – 2018 – P. 89.
8. “The digital future of syndicated loans.” [Electronic resource]. – Access mode: https://www.cliffordchance.com/briefings/2021/06/the-digital-future-of-syndicated-loans.html (access date: 09/22/2023).
9. Federal Law No. 486-FZ dated December 31, 2017 (as amended on December 22, 2020) “On a syndicated loan (loan) and amendments to certain legislative acts of the Russian Federation” (as amended and supplemented, entered into force on 06/21/2021). Access from SPS “ConsultantPlus”.
10. Marsh B. Dewey J. The loan market, blockchain, and smart contracts: The potential for transformative change // Global Legal Group Ltd. [Electronic resource]. – Access mode: https://www.globallegalinsights.com/practice-areas (access date: 09.23.2023).
11. “Banks drive ahead with blockchain project for syndicated loans market.” [Electronic resource]. – Access mode. https://www.finextra.com/newsarticle/30366/banks-drive-ahead-with-blockchain-project-for-syndicated-loans-market/blockchain (date accessed: 09/22/2023).
CIVIL LAW
DEREVYANKO Olga Viktorovna
postgraduate student of Civil law sub-faculty of the Faculty of Law of the A. I. Herzen Russian State Pedagogical University
DIVISION OF PROPERTY AFTER THE DISSOLUTION OF MARRIAGE. EXCEPTION TO THE GENERAL RULES
This paper addresses the issues of property division after divorce in the context of Russian legislation. The authors point out the need to review and improve the norms of the Family Code of the Russian Federation (FC RF) to eliminate existing gaps. It is proposed to introduce more detailed rules to regulate issues related to property acquired before marriage and to take into account rental payments made into the joint marital budget. Special attention is given to the importance of legislative regulation of jointly made payments in relation to the total value of the property. The problematic issue of “borderline” property, which does not clearly belong to the personal or joint property of the spouses, is discussed. The Resolutions of the Plenum of the Supreme Court of the Russian Federation are analyzed in the paper, and a suggestion is made to supplement Article 36 of the FC RF with explanations regarding property purchased with the personal funds of oneof the spouses. As a result of the research, the author concludes that further legislative measures are necessary to ensure a fair and clear division of property in cases of divorce.
Keywords: division of property, former spouses, dissolution of marriage, common property of spouses.
Bibliographic list of articles
1. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // SZ RF. – 1996. – No. 1. – Art. 16.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts when considering divorce cases” dated November 5, 1998 No. 15 // Bulletin of the Supreme Court of the Russian Federation. – 1999. – No. 1.
3. Borisova A. Yu. Legal issues of division of property of spouses. — Text: immediate // Current issues of legal sciences: materials of the III International. scientific conf. (Chita, April 2017). – Chita: Young Scientist Publishing House, 2017. – pp. 91-93. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/226/12112/ (date of access: 03/05/2023).
4. Ivanova O. N. Division of common property of spouses and former spouses // Law and state: theory and practice. – 2020. – No. 5. – P. 9-11.
5. Kolokolova E. O., Paulkina A. V. The problem of dividing property of spouses // Scientific and theoretical journal “Bulletin of the Russian University of Cooperation”. – 2021. – No. 6. – P. 6-11. [Electronic resource]. – Access mode: https://saransk.ruc.su/upload/medialibrary/d8b/kolokolova_paulkina.pdf (access date: 03/05/2023).
6. Emmausskaya A. I., Paltseva E. S. Current problems of legal regulation of the division of common property of spouses // Current research. – 2021. – No. 16 (43). – pp. 76-78. [Electronic resource]. – Access mode: https://apni.ru/article/2267-aktualnie-problemi-pravovogo-regulirovaniya (date of access: 03/05/2023).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
KLEVTSOVA Milena Pavlovna
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MARRIAGE CONTRACT: THEORETICAL AND PRACTICAL SIGNIFICANCE
The purpose of this study is the study of the institution of the marriage contract.
Some problems of legal regulation of property relations of spouses through a marriage contract are analyzed. It is established that in the Soviet period and earlier times, despite the fact that the legislator provided an opportunity for spouses or future spouses to conclude a marriage contract, citizens did not use this opportunity, due to the prevailing worldview, religious and cultural traditions in society. Subsequently, this type of agreement became widespread and today is one of the most effective tools for regulating property relations between persons in a marriage union. The author analyzes the advantages and disadvantages, in view of which some citizens have concerns about the need to conclude a marriage contract. It is established that a marriage contract can only regulate property, but not personal relations between spouses, as well as other members of their family. Also, the agreement may include a condition on the choice of the applicable law to the relations of the spouses, if they are complicated by a foreign element – the different nationality of the persons who registered the marriage. The legal norm in the family legislation that establishes the possibility of including a condition on the choice of applicable law in the marriage contract is not perfect. The legislator determines that only spouses with different citizenship can conclude a marriage contract with such a condition, and overlooks persons who only intend to register a marriage union with an authorized body, that is, future spouses. In order to solve the identified problem and prevent the occurrence of ambiguous situations, the author proposes to amend the current family legislation.
The novelty of the presented scientific research is determined by the fact that the shortcomings of the legal regulation of the institution of the marriage contract in our state have been identified, which have not yet been presented in any scientific research, and ways to solve them have been proposed.
Keywords: prenuptial agreement, family legal relations, spouses, property, division of property, dissolution of marriage, marital union, citizenship
Bibliographic list of articles
1. Baskakova Ya. A., Glinshchikova T. V., Mitashova A. A. conflict regulation brfamily relations // Eurasian legal journal. 2023. No. 1 (176). pp. 49-51.
2. Butsukin O. A. The significance of the marriage contract in modern Russia // Modern jurisprudence: current issues of theory and practice: collection of articles of the V International Scientific and Practical Conference, Penza, May 30, 2023. Penza: Science and Enlightenment (IP Gulyaev G. Yu.), 2023. P. 59-61.
3. Ibragimova G. Sh. Marriage contract: problems of legal regulation // Current issues of legal sciences: materials of the III International. scientific conf. (Chita, April 2017). Chita: Young Scientist Publishing House, 2017. pp. 95-97.
4. Kudryavtseva L.V., Naydenova A.E., Terekhin A.A. Features of the procedure for dividing property of spouses and concluding a marriage contract // Business Bulletin of the Entrepreneur. 2020. No. 2 (2). pp. 108-110.
5. Kudryavtseva L.V., Prikhodko E.G. Russian conflict of laws legislation in the sphere of marriage and family relations: current problems and ways of improvement // Gaps in Russian legislation. 2020. No. 1. P. 57-60.
6. Lik S.V. Advantages of a marriage contract // Scientist’s Tribune. 2020. No. 7. P. 154-158.
7. Maksimovich L. B. Marriage agreement in Russian law. M., 2003. 143 p.
8. Ruzaeva M. A. Marriage contract: historical and legal analysis // Education and law. 2017. No. 12. P. 63-67.
9. Shumova K. A., Sidorova S. V. Marriage contract: main aspects, invalidation of the contract in court // Bulletin of Science and Practice. 2020. T. 6. No. 8. P. 222-225.
10. Shcherbina T. R. Marriage agreement: current issues of concluding an agreement // Student Bulletin. 2021. No. 10-2 (155). pp. 37-40.
11. Yarovoy M. A., Proskurina A. S. Marriage agreement in foreign countries // Science, innovation, society: current issues of modern research: collection of articles of the International Scientific and Practical Conference, Penza, October 17, 2023. Penza: Science and Enlightenment (IP Gulyaev G.Yu.), 2023. P. 37-39.
LABOR LAW
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, Khabarovsk
BRANT Alexander Alexandrovich
magister student of the Institute of Law of the Pacific State University, Khabarovsk
ON THE PROTECTION OF CITIZENS’ RIGHTS IN THE ABSENCE OF AN EMPLOYMENT CONTRACT BY THE PROSECUTOR’S OFFICE: SOME ASPECTS
The article discusses some aspects of the implementation of the powers of the prosecutor in the protection of the labor rights of citizens working without registration of labor relations with the employer. The article substantiates the need for amendments to the current legislation concerning the mandatory participation of the prosecutor in the consideration of such a category of cases in court, provides a brief overview of judicial practice, provides analytical data on court decisions related to the violation of labor rights of citizens.
Keywords: labor contract; protection of labor rights of an employee; salary; prosecutor, violation, unemployment, employment of the population, workplaces, labor duties.
Bibliographic list of articles
1. Data from the official website of the Far East Office of the Prosecutor General’s Office in the Far Eastern Federal District. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/proc_dvfo? (date of access: 09/30/2023).
LABOR LAW
ZAYTSEVA Anastasiya Andreevna
magister student of the 2nd course of the Dorzhi Banzarov Buryat State University
MATVEEV Andrey Konstantinovich
student of the 2nd course of the Far Eastern Federal University, Vladivostok
TSYRENDASHIEVA Viktoriya Tsybikovna
magister student of the 2nd course of the Dorzhi Banzarov Buryat State University
GENDER POLICY IN THE LABOR LAW OF THE ASIA-PACIFIC COUNTRIES
The authors conducted a comparative analysis of women’s participation in employment in four Asian countries – China, India, Japan and South Korea. In their research, they used a multidimensional analytical approach, including socio-cultural, institutional and global political and economic aspects. This approach allowed the authors to explain more fully the factors influencing the opportunities and results of women’s employment.
Keywords: gender policy, segregation, labor relations, prohibition of discrimination, family responsibilities, traditions, employee, employer, countries of the Asia-Pacific region.
Bibliographic list of articles
1. Budhwar P., Saini D., and Bhatnagar J. ‘Women in Management in the New Economic Environment: The Case of India’ // Asia Pacific Business Review. – 2005. – No. 11. – R. 179-193.
2. Shimada H., and Higuchi Y. ‘An Analysis of Trends in Female Labor Force Participation in Japan’ // Journal of Labor Economics. – 1985. – No. 3, 1. – R. 355-374.
3. Gelb J. ‘The Equal Employment Opportunity Law: A Decade of Change for Japanese Women’ // Law & Policy. – 2000. – No. 22. -R. 365-407.
4. Venkata Ratnam C., and Jain H. (2002), ‘Women in Trade Unions in India’ // International Journal of Manpower. – 2002. – No. 23. – R. 277-292.
5. Torotoeva A. M. Sociocultural determinants of gender inequality in South Korean society (on the example of the problem of women’s employment) // Social and Humanitarian Sciences. Domestic and foreign literature. Ser. 11. Sociology: Abstract journal. – 2022. – No. 1. – P. 141-150.
ECOLOGICAL LAW
KARIMBEKOV Abdisait Momunbayevich
postgraduate student of the Osh State University, Kyrgyz Republic, Osh
ENVIRONMENTAL RIGHTS AND OBLIGATIONS AND THEIR PLACE IN THE SYSTEM OF HUMAN AND CIVIL RIGHTS, FREEDOMS AND DUTIES
The scientific article is devoted to the study of the place of environmental rights and freedoms in the system of rights, freedoms and duties of man and citizen. The author notes that, unlike other rights, environmental rights and obligations characterize the harmonious relationship of society with the environment and can be considered as independent in the system of constitutional rights. The right to a favorable environment refers to personal (civil) human rights and should be removed from the sphere of socio-economic rights. Environmental responsibilities can be attributed to a group of responsibilities implemented in one of the aspects of social reality – in the field of environmental protection.
Keywords: environmental rights and obligations, system of human rights and freedoms, classification of environmental rights, mechanism for the implementation of environmental rights, the right to a favorable environment, environmental protection.
Bibliographic list of articles
1. Constitution of the Kyrgyz Republic of May 5, 2021 (adopted by referendum (popular vote) on April 11, 2021) // Erkin-Too, dated May 5, 2021, No. 41 (3220).
2. Law of the Kyrgyz Republic “On Environmental Protection” dated June 16, 1999 No. 53 (dated March 23, 2020 No. 29) // Erkin Too, dated March 27, 2020 No. 31 (3103).
3. International Covenant on Civil and Political Rights of December 16, 1966 (the Kyrgyz Republic acceded to the resolution of the Jogorku Kenesh of the Kyrgyz Republic of January 12, 1994 No. 1406-XII). – [Electronic resource]. – Access mode: http://cbd.minjust.gov.kg/act/view/ru-ru/17581?cl=ru-ru.
4. International Covenant on Economic, Social and Cultural Rights of December 16, 1966 (the Kyrgyz Republic joined by resolution of the Jogorku Kenesh of the Kyrgyz Republic of January 12, 1994 No. 1406-XII). – [Electronic resource]. – Access mode: http://cbd.minjust.gov.kg/act/view/ru-ru/17581?cl=ru-ru.
5. Akopyan A. R. Features of constitutional rights, freedoms and duties of man and citizen in the Russian Federation: dis…. cand. legal Sci. – Volgograd, 2005. – P. 65-66.
6. Bakhin S.V. On the classification of human rights proclaimed in international agreements // Jurisprudence. – 1991. – No. 2. – P. 44.
7. Burkova L. N. Environmental human rights in the Russian Federation (constitutional and legal aspect): dis. …cand. legal Sci. – Rostov-n/D., 2005. – P. 14.
8. Vasilyeva M.I. On the application in law of environmental criteria for the favorability of the environment // State and Law. – 2002. – No. 11. – P. 85-86.
9. Velieva D.S. Constitutional and legal issues of implementing the human and citizen’s right to a favorable environment in Russia: abstract of thesis. dis. …cand. legal Sci. – Saratov, 2001. – P. 18.
10. Voevodin L. D. Legal status of the individual in Russia: textbook. allowance. – M., 1997. – P. 181.
11. Guliev V. E., Rudinsky F. M. Socialist democracy and personal rights. – M., 1984. – P. 84.
12. Dukhno N. A., Chubukov G. V. Environmental law of Russia: textbook. – M., 2006. – P. 359.
13. Kalchenko I.V. Human right to life (issues of theory and practice): textbook. allowance. – Volgograd, 2003. – P. 27.
14. Matuzov N. I. Current problems of the theory of law. – Saratov, 2004. – P. 305.
15. Mishanin K. S. The constitutional right of man and citizen to a favorable environment: guarantees and protection in the legislation of the Russian Federation: abstract. dis. …cand. legal Sci. – M., 2005. – P. 15.
16. Mokhov A. A. Medical law as an independent branch of national law in Russia // Modern law. – 2003. – No. 1. – P. 45-48.
17. Human and peoples’ rights: textbook. allowance / Ed. O. O. Mironova. – M.: Saratov, 2006. – P. 126.
18. Ebzeev B. S. Respect and protection of human rights is the responsibility of the stateblows // Theory of state and law: a course of lectures / Ed. N. I. Matuzova, A. V. Malko. – M., 2000. – P. 127-128.
LEGAL PROBLEMS OF ENVIRONMENTAL PROTECTION
ANTONOV Alexander Alexeevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
SHEVKO Nikolay Nikolaevich
senior lecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
“ROAD SAFETY STRATEGY IN THE RUSSIAN FEDERATION FOR 2018-2024” – PROGRAM FOR ACTION
In the article, the authors consider certain issues of the implementation of the “Road Safety Strategy in the Russian Federation for 2018-2024”, which are directly related to the activities of internal affairs bodies and traffic police officers, in particular, with the image of traffic patrol officers, its influence on the formation of a positive attitude towards police officers in general in society, prevention of violations of traffic rules and the provisions of the Federal Law “On CTP” with specific proposals, this legal regulatory act .
Keywords: road safety, road traffic injuries, responsibility for violation of traffic rules, image of traffic police officers, insurance of civil liability of vehicle owners, control and supervisory functions, prevention of road safety.
Bibliographic list of articles
1. Code of the Russian Federation on Administrative Offenses: federal. Law of December 30, 2001 No. 195-FZ: ed. from 03/18/2023. Access from the reference legal system “ConsultantPlus”.
2. On compulsory civil liability insurance for vehicle owners; federal Law of April 25, 2002 No. 40-FZ: ed. from 06/28/2022. Access from the reference legal system “ConsultantPlus”.
3. On the Rules of the Road (together with the “Basic provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety”: Decree of the Government of the Russian Federation of October 23, 1993 No. 1090: as amended on December 31, 2020 (as amended and additional, entered into force from 01/01/2022).Access from the reference and legal system “ConsultantPlus”.
4. Improving road safety in 2013-2020: Decree of the Government of the Russian Federation of October 3, 2013 No. 864 “On the federal target program (with amendments and additions). Access from the reference legal system “ConsultantPlus”.
5. On approval of the Road Safety Strategy in the Russian Federation for 2018-2024: Order of the Government of the Russian Federation dated January 8, 2018 No. 1-r. Access from the reference legal system “ConsultantPlus”.
CRIMINAL LAW
AVDEEVA Ulyana Andreevna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
TOPICAL ISSUES OF ENVIRONMENTAL CRIMES
This article discusses a very controversial issue about the investigation of environmental crimes. The general aspects of environmental safety of a citizen are investigated, as well as environmental crimes are considered. The main problems in the investigation and disclosure of environmental crimes are analyzed. The tendencies of improving investigative actions in the detection of environmental crimes are revealed, as well as the most common problems are presented and ways to solve them are proposed.
Keywords: environmental protection, human environmental safety, investigator, problems of investigation, environmental crimes, investigation of environmental crimes, criminal liability.
Bibliographic list of articles
1. Buryak A. Yu. Current issues of qualification of environmental crimes // Alley of Science. – 2019. – T. 1. No. 5 (32). – pp. 960-963.
2. Egorova E. V. On the issue of the concept of environmental crime // Intellectual resources for regional development. – 2020. – No. 2. – P. 485-491.
3. Simonyan G. G. Problematic issues in the investigation of environmental crimes // Young researcher of the Don. – 2019. – No. 6 (21). – pp. 146-150.
4. Chistyakov K. A. On the issue of basic measures to prevent environmental crimes // Administrative activities of law enforcement agencies of the Russian Federation and foreign countries: Collection of materials of the International Scientific and Practical Conference, Ryazan, April 25, 2019 / Edited by L. V. Pavlova. – Ryazan: Academy of Law and AdministrationReports of the Federal Penitentiary Service, 2019. – pp. 307-310.
CRIMINAL LAW
BIYARSLANOVA Asiyat Magomedovna
Ph.D. in pedagogical sciences, associate professor of Criminal Law and state legal disciplines sub-faculty of the Dagestan State University of National Economy, associate professor of the Center for the Development of the Regional Education System and Management Competencies of the Dagestan Institute of Education Development
MAGOMEDOVA Risalat Magdibegovna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy
FEATURES OF OFFICIAL CRIMES AS A TYPE OF CORRUPTION-RELATED CRIMES
This article discusses the topic of the peculiarities of official crimes as a type of crimes with a corruption orientation. The impact of corruption on various spheres of society cannot be underestimated. Corrupt actions in the field of public service pose a serious threat to the fairness, efficiency and credibility of the system. Official crimes, which are a type of corruption crimes, have their own special characteristics and require special attention from law enforcement agencies and society as a whole.
Keywords: corruption, official, official crimes, official position, bribery, abuse of official position, bribe, theft of electronic assets.
Bibliographic list of articles
1. Arguzov A. A. Crimes of office as a type of corruption-related crimes. – Text: direct // Domestic jurisprudence. –2015. – No. 2 (2). -WITH. 37-41.
2. Golubykh N.V. Current state of corruption crime. – Text: direct // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (34). – pp. 112-115.
3. Popova S. A., Akulin S. V. New forms of corruption associated with digital technologies. – Text: direct // Legal science. – 2023. – No. 3. – P. 178-185.
CRIMINAL LAW
ISAICHEVA Mariya Mikhaylovna
senior lecturer of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Omsk Academy of the MIA of Russia
CERTAIN CHARACTERISTICS OF AN OFFICIAL AS A SUBJECT OF CRIMES IN THE FIELD OF STATE AND MUNICIPAL PROCUREMENT
The purpose of the study is to identify individual signs of an official as a subject of crimes in the field of state and municipal procurement. The scientific novelty of the work lies in the fact that, based on a comparative analysis of the information contained in the provisions of Federal laws, articles of the Criminal Code of the Russian Federation, and judicial practice, conclusions were drawn that the incorrect definition of individual signs of the subject of a crime in the field of state and municipal procurement leads to the following consequences:
1. A number of articles of criminal legislation (Chapter 22 of the Criminal Code of the Russian Federation) are ignored by the courts due to established judicial practice;
2. There is an excessive qualification of the criminal act;
3. There is a significant difference in the types of punishment provided for in Articles 200.4 and 290 of the Criminal Code of the Russian Federation. If the first involves three years of imprisonment, then for accepting a bribe an official can be sentenced to fifteen years of imprisonment.
In the framework of this study, we believe it is necessary to propose possible ways to solve these problems.
Keywords: official, abuse, powers, Criminal Code of the Russian Federation, bribery, selfish intent, government agencies.
Bibliographic list of articles
1. Federal Law “On Amendments to Articles 201 and 285 of the Criminal Code of the Russian Federation” dated February 24, 2021 No. 16-FZ (latest edition). [Electronic source]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_377636/ (date of access: 10/28/2022).
2. Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 No. 44-FZ (latest edition). [Electronic source]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_144624/ (date of access: 10/30/2022).
3. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on July 10, 2023). [Electronic resource] // Access: SPS “Consultant Plus Prof” (Access date: 10/08/2023).
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19 (as amended on June 11, 2020) “On judicial practice in cases of abuse of official powers and abuse of powers powers.” [Electronic source]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_93013/ (date of access: 10.30.2022).
5. Judgment No. 1-22/2020 1-693/2019 dated January 27, 2020 in case No. 1-22/2020. [Electronic source]. – Access mode: https://sudact.ru/regular/doc/5AiTonJKaa14/ (date of access: 10/27/2022).
6. Kashkarov A. A. The authority of a public authority as a system-forming sign of official crime // Society and Law. 2017. No. 1 (59). pp. 46-49; P. 47.
7. Presentation of the report “Regulated procurement in Russia: how to increase the stimulating role of expenditures of budgets and regulated companies.” [Electronic source]. – Access mode: https://fcs.hse.ru/news/362704112.html (date of access: 10/28/2022).
8. They will equate to a bribe // Rossiyskaya Gazeta – Federal Issue. – 2020. – No. 191 (8245).
CRIMINAL LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
ABOUT NEW CHALLENGES AND THREATS RELATED TO THE GROWTH OF CYBERSPACE CRIME
The development of modern information technology and the widespread use of Internet resources in addition to progressive changes poses new challenges and threats associated with the growth of crime in the field of cyberspace. The unification of the entire world community into a single information field has made it convenient to commit a wide range of administrative offenses and crimes through the resources of the Internet and modern information and technical means.
Cybercrime is a threat to the security of the entire world community. Due to the wide reach of the audience on the network, the complexity of investigating such crimes, high confidentiality and inability to navigate the features of modern crisis information and communication interaction, there is an annual increase in cybercrimes around the world.
The research work aims to analyze the main types of cybercrime, as well as the problems associated with countering these types of administrative.
Keywords: cybercrimes, mass media, the Internet, countering crimes against Russia, crimes on the Internet, fakes, information protection, cyberattack, cybercriminal.
Bibliographic list of articles
1. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest edition).
2. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on February 4, 2021).
3. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on December 30, 2020).
4. Alieva E. A. The Internet as a means of committing depraved acts // Gaps in Russian legislation. – 2017. – No. 4. – P. 180-182.
5. Batukhtin M.E. Cybercrimes: causes, types, forms, consequences, directions of counteraction // Problems and prospects for the development of the Russian penal system at the present stage. Materials of the International Scientific Conference of Adjuncts, Postgraduate Students, Cadets and Students. – 2018.
6. Karpova D. N. Cybercrime: a global problem and its solution // Power. – 2014. – Vol. 22. – No. 8. – P. 46-50.
7. Sukhodolov A.P., Ivantsov S.V., Borisov S.V., Spasennikov B.A. Current problems of preventing crimes in the economic sphere committed using information and telecommunication networks // Baikal State University, Irkutsk, Russian Federation All-Russian criminological journal. – 2017. – T. 11, No. 1. – P. 13–21. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-preduprezhdeniya-prestupleniy-v-sfere-ekonomiki-sovershaemyh-s-ispolzovaniem-informatsionno
8. Tropina T. L. Cybercrime. – Vladivostok, 2009.
9. Tropina T. L., Nomokonov V. A. Cybercrime as a new criminal threat // Criminology of Internet spaces. – 2012. – No. 1 (24).
10. Urban V.V. Crimes committed using information and telecommunication networks: general characteristics and criminal procedural measures to counter them // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (88). – pp. 55-63.
CRIMINAL LAW
KOVALISHINA Kseniya Viktorovna
student of the Crimean branch of the Russian State University of Justice
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for the Organization of scientific and editorial-publishing activities of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
SOME PROBLEMS OF COUNTERING OFFENSES AND CRIMES IN THE FIELD OF BLOGGING (HUMANITARIAN ASPECT)
The article discusses the emergence, spread and transformation of the phenomenon of “blogging”. Also, the authors analyzed the administrative-tort and criminogenic situation in the field of blogging in the Russian Federation. Based on the research conducted, the authors came to the conclusion that it is necessary to use an integrated approach to solving these problems.
Keywords: information and communication (blogging) activities, bloggers, destructive content, information security, public liability.
Bibliographic list of articles
1. Mukhachev S.V. Features of legal regulation of the blogosphere // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-pravovogo-regulirovaniya-blogosfery (date of access: 10.31.2023).
2. Lazutkina E. V. Opinion leaders in the information space of the Runet blogosphere // Bulletin of NSU. Series: History, philology. – 2016. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lidery-mneniy-v-informatsionnom-prostranstve-blogosfery-runeta (access date: 10.31.2023).
3. Barinova E. S. History of the development of the Russian library blogosphere: from origin to institutionalization // Media. Information. Communication. – 2020. – No. 33. – P. 44-51.
4. Sorokina V. O. The place of blogging in the modern world based on the Instagram network // International Journal of Humanities and Humanities. – 2019. – No. 4-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mesto-blogginga-v-sovremennom-mire-na-primere-seti-instagram (access date: 10/31/2023).
CRIMINAL LAW
LASHCHENKO Roman Alexandrovich
senior lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia, lieutenant colonel of police
TKHAZEPLOV Timur Mukhamedovich
associate professor of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
MIKHAYLOV Alexander Nikolaevich
senior lecturer of Investigating activity sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
SOME AREAS OF IMPROVING THE LEGAL REGULATION OF ARMS TRAFFICKING
The problems of legal regulation of arms turnover are investigated, the analysis of legislation in the field of arms turnover control is carried out. The necessity of its modernization and the development of a regulatory framework to improve the activities of subjects of licensing and permitting work is justified, since in law enforcement practice, there are gaps and inconsistencies of legal norms that need additional regulation, which ultimately should have a positive impact on the state of public safety, the protection of the rights and freedoms of citizens of the Russian Federation, as well as draw some theoretical conclusions and formulate practical recommendations for the application of administrative and legal regulation regime in the field of arms trafficking.
Keywords: arms trafficking, licensing and licensing work, legal regulation, legal entities with special statutory tasks, paramilitary organizations.
Bibliographic list of articles
1. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // Collection of legislation of the Russian Federation. – 2014. – No. 31. – Art. 4398.
2. Criminal Code of the Russian Federation dated June 13, 1996, No. 63-FZ // Collection of legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
3. On private detective and security activities in the Russian Federation: Law of the Russian Federation dated March 11, 1992, No. 2487-1 // Russian newspaper. –1992. – April 3.
4. On weapons: Federal Law of December 13, 1996, No. 150-FZ // Collection of legislation of the Russian Federation. – 1996. – No. 51. – Art. 5681 @@ 1998. – No. 31. – Art. 3834.
5. On approval of the Rules for the circulation of combat hand-held small arms and other weapons, ammunition and cartridges for them, as well as bladed weapons in state paramilitary organizations: Decree of the Government of the Russian Federation of October 15, 1997, No. 1314 // Collection of Legislation of the Russian Federation. – 1997. – No. 41. – Art. 3518. – Art. 6269.
6. Zhiltsov A.V., Faiskhanov R.R. On the advisability of strengthening state control over the circulation of air rifles, pistols and revolvers that are not weapons // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (41). – pp. 159-165.
7. Sukhovetskaya E.Yu., Khrimli D.K. Historical and legal aspects of the activities of divisions of the licensing and permitting system // In the collection: Key problems and advanced developments in modern science. – 2019. – pp. 94-97.
8. Yurtaev V. A., Knyazeva N. A. On the issue of the legal status of civilian smooth-bore firearms and limited-kill firearms, their components and ammunition in modern domestic legislation // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 276-279.
9. Nazarova I. S., Shenshin V. M. On the issue of legal regulation of control (supervision) in the sphere of arms trafficking // Law in the Armed Forces – Military Legal Review. – 2019. – No. 12 (269). – pp. 19–25.
10. The Constitution of the United States / Ed. by the Commission on the Bicentennial of the U.S. Constitution. Washington, 1987.
CRIMINAL LAW
LIBENZON Evgeniy Leonidovich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia, junior researcher, second-class lawyer of the University of the Prosecutor’s Office of the Russian Federation
ISSUES OF QUALIFICATION OF GROUP SMUGGLING IN LAW ENFORCEMENT PRACTICE UNDER ART. 226¹ OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (BASED ON THE EXAMPLE OF JUDICIAL PRACTICE OF THE TRANS-BAIKAL TERRITORY)
The article examines the issues of qualification of complexity in crimes related to the smuggling of strategically important, goods and cultural values. The procedural factors influencing the qualification of smuggling as “a group of persons, a group of persons by prior conspiracy” are revealed. Gaps in the qualifications of complicity in smuggling are shown.
Based on an analysis of the judicial practice of the Trans-Baikal Territory, gaps in legislation are revealed in assessing the activities of other accomplices in the smuggling of gold, derivatives, seafood, timber and other strategically important goods and resources.
The scientific novelty is due to the fact that the article is the first to explore methods of committing crimes with hidden complicity in the smuggling of gold, wood, cultural values, derivatives, seafood and other strategically important goods, resources and cultural values provided for in Article 226¹ of the Criminal Code of the Russian Federation, since the actions of accomplices remain outside the framework of criminal prosecution, which gives rise to latent crime.
The practical significance lies in the fact that the main provisions and conclusions of the article can be used in scientific and practical activities when considering cases of smuggling committed in the presence of aggravating circumstances provided for in paragraph “c” of Part 2 of Art. 226¹ of the Criminal Code of the Russian Federation. The increased degree of public danger, from the point of view of the criminalization of an act, is examined using examples of judicial practice of the Trans-Baikal Territory, taking into account the peculiarities of the geographical border position of the region with the PRC. Proposals have been formulated and judgments have been made on the need to introduce the qualifying feature “commitment of a crime by a group of persons” in paragraph “c” of Part 2 of Art. 226¹ of the Criminal Code of the Russian Federation.
Keywords: customs territory of the Union and customs border of the Union (hereinafter referred to as the Union), smuggling of flora and fauna; foreign trade activities; smuggling of strategically important goods and resources; committing smuggling as part of a group, a group of persons, by prior conspiracy; the customs post.
Bibliographic list of articles
1. Barbachakova Yu. Yu. Technical and forensic support for the investigation of smuggling: Author’s abstract. dis. …cand. legal Sci. – M., 2006. – 26 p.
2. Zabavko R. A. Wood smuggling: complex issues of the subject of the crime // Activities of law enforcement agencies in modern conditions: collection. materials of the XXI international scientific and practical. conf. – Irkutsk: Publishing House of the East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 60-64.
3. Kapralova N. A., Karaseva L. A., Yakovlev A. Open markets and “shuttle” trade in the Russian economy yesterday, today, tomorrow. 2006 – 05. – M.: State University Higher School of Economics, 2006. – P. 3
4. Lyubavina M. A. Qualification of drug smuggling by international mail // Criminal law. – 06/26/2018. – No. 3. – P. 72-77.
5. Lyapustin S. N. Historical experience in combating smuggling of timber and timber in the Russian Far East at the end of the 19th – first quarter of the 20th century. // Customs policy of Russia in the Far East. – 2016. – No. 1 (74). – P. 98.
6. Prikhodko N. Yu. Prevention by internal affairs bodies of smuggling on railway transport // Author’s abstract. dis. …cand. legal onuk. – 2015. – P. 3.
7. Pusurmanov G.V. On the issue of criminal liability of persons who have committed crimes of complicity in the field of customs affairs // Scientific notes of the St. Petersburg branch named after V.B. Bobkov of the Russian Customs Academy. UDC 343.21.7. – 2018. – No. 3 (67). – pp. 99-101.
8. Smolyakov P. N. Criminal-legal characteristics of smuggling (based on materials from the Siberian and Far Eastern federal districts) Abstract. dis. …cand. legal Sci. – M., 2003. – P. 4.
CRIMINAL LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
IDRISOVA Aida Dzupalaevna
Ph.D. in historical sciences, senior lecturer of the Dagestan State University, branch in Izberbash
ESKENDEROV Alikber Gadzhievich
Ph.D. in economical sciences, associate professor of the Dagestan State Pedagogical University
PROBLEMS OF THE SPREAD OF MODERN FORMS OF VIOLENCE AMONG STUDENTS IN SECONDARY SCHOOLS
The characteristics of the most important modern forms of violence among young people and adolescents are highlighted and their connection with the ideology of extremism and terrorism is shown. The article presents the results of a study of the main trends associated with the spread of modern forms of violence among young people (bullying, cyberbullying, school violence, manifestations of the ideology of extremism and terrorism, etc.). The article is devoted to the process of teaching tools for diagnosing mobbing in schools and climate care organizations. Bullying in school has been shown to increase the risks of suicide, substance use, criminalization, etc.
Keywords: school bullying, prevalence of bullying in the Russian Federation, school climate.
Bibliographic list of articles
1. Volchetskaya T. S., Avakyan M. V., Osipova E. V. Criminological characteristics and prevention of school shooting and cyberbullying in Russia and foreign countries // All-Russian Criminological Journal. – 2021. – T. 15. – No. 5. DOI: 10.17150/2500-4255.2021.15(5).578-591.
2. Volchetskaya T. S., Osipova E. V., Avakyan M. V. Modern forms of violence among youth: the degree of prevalence and preventive measures // Russian Legal Journal. – 2021. – No. 5. – P. 105-115.
3. Dolgova S.I. Prevention of bullying (bullying) in educational organizations and the powers of internal affairs bodies in its implementation // Administrative law and process. – 2022. – No. 11. – P. 57-60.
4. Zaitsev S. Countering extremism // Legality. – 2007. – No. 10.
5. Is there any liability for bullying a child in a general education organization? // ConsultantPlus, 2023.
6. Khametdinova G. F. Powers of the inspector of juvenile affairs units in the field of ensuring the safety of children in the information space // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (40). – P. 69.
7. Shchipanova D. E. Cyberbullying as a risk factor in the educational environment // New information technologies in education: Mat. VIII International scientific and practical conf. – Ekaterinburg, 2015. – P. 620.
CRIMINAL LAW
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
GARANOV Murad Shamiljevich
magister student of the 2nd course of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
DECEPTION AS A WAY OF COMMITTING A CRIME
Deception often acts as a way to commit a crime. one of the areas for the prevention of criminal fraud is the development and implementation of legislation aimed at combating criminal fraud. This includes the creation and improvement of relevant criminal laws, as well as cooperation between law enforcement agencies of different countries to combat transnational fraudulent activities, where deception is often used as a means of committing a crime.
strengthening the control of the banking system, strengthening the punishment for committing a number of crimes when using criminal fraud, as well as considering the possibility of recognizing fraud as a way of committing a crime as an aggravating circumstance, in our opinion, will contribute to the prevention of this category of crimes.
Keywords: deceit, method, crime, judicial practice, prevention.
Bibliographic list of articles
1. Archive of the Izberbash City Court. Criminal case No. 1-157/2022.
2. Decision in case 1-22/2016 (03/24/2016, Judicial station No. 263 of the magistrate judge of the Khimki judicial district of the Moscow region) Judicial practice. In criminal cases. Qualification issues. [Electronic resource]. – Access mode: www. orskl7.kodms.ru›Reports›obzor-sudebnoj-praktiki…
3. Criminal case No. 1-253/2020. Archive of the Izberbash City Court.
4. Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 10, 2015 No. 37-015-14 // ATP “ConsultantPlus”.
5. Determination of the Investigative Committee in criminal cases No. 34-011-65. Review of judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2011 in criminal cases (approved by the resolution of the Presidium of the Supreme Court of the Russian Federation of March 10, 2011) Judicial practice. In criminal cases. Qualification issues. [Electronic resource]. – Access mode: orskl7.kodms. ru›Reports›obzor-sudebnoj-praktiki…
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
SHEVTSOV Dmitriy Sergeevich
student of the 3rd course student in the direction of “Jurisprudence” of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
THE SYSTEM OF PRIVILEGED COMPOSITIONS OF MURDERS
This article discusses a very controversial issue about the system of privileged murder squads. The characteristic of the system of privileged compositions is given, what it consists of, what features are inherent in it. We have considered the features of the compositions of the system of privileged murders. The features and problems of each system composition are highlighted. The murder of a newborn child by a mother – in this composition, problems of determining the time of childbirth, the postpartum period have been identified, and the issue of determining the time of psychophysiological characteristics of a woman after childbirth has also not been settled. The composition of a murder in a state of passion must be clearly distinguished from the signs of an ordinary murder, after which there is a strong emotional excitement, and the legislator must also give a legal definition of the concept of affect. It should be noted that improvements in legislation in the field of murder in excess of necessary defense measures are proposed. Solving these problems will contribute to strengthening the Special part of the Criminal Code of the Russian Federation in terms of privileged murders.
Keywords: investigator, problems of investigation, criminal responsibility, criminal law, murder, privileged composition, qualification.
Bibliographic list of articles
1. Garmash V. O. Problems of qualification of some privileged murder squads and their improvement // Capital of Science. – 2020. – No. 9 (26). [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=44342456 (date of access: 09/08/2023).
2. Lyshko A. S. Affect and its criminal legal significance: comparative legal research // Transformation of criminal legislation: promising directions: Collection of scientific articles of the International Conference of Young Scientists and Students, Kursk, November 14-16, 2019 / Editorial Board: A A. Grebenkov [and others]. – Kursk: Southwestern State University, 2019. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=42536593 (date of access: 09/08/2023).
3. Saratov D. S. The problem of expanding the system of privileged murders // Innovations. The science. Education. – 2023. – No. 81. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=40355736 (date of access: 09/08/2023).
4. Sarina P. G. Modern problems of qualification of privileged murder squads // Law. Society. State: Collection of scientific works of students and graduate students. Volume 12. – St. Petersburg: St. Petersburg Institute (branch) of VGUYU (RPA of the Ministry of Justice of Russia), 2020. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=44796845 (date of access: 09/08/2023)
5. Chikhradze A. M. Taking into account the signs characterizing the personality of the perpetrator when improving the system of composition of privileged murders // Scientific research of the XXI century. – 2021. – No. 2 (10). [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=45665961 (access date: 11/08/2023).
CRIMINAL LAW
MAKHMUDOVA Maryana Amrullakhovna
Ph.D. in Law, associate professor of the Dagestan State University of National Economy.
SHIKHSHABEKOV Shikhshabek Yusupovich
Ph.D. in pedagogical sciences, professor of the Dagestan State Pedagogical University
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
GROUNDS FOR MITIGATION OF CRIMINAL PUNISHMENT: ISSUES OF THEORY AND PRACTICE
The article discusses the grounds for mitigation of punishment in the criminal legislation of Russia. Today, the process of legislative modernization of mitigation of punishment is far from complete, and the regulation of mitigation of punishment in domestic criminal law, as an important part of the humanization of criminal law, requires further improvement. It should also be noted that there is no comprehensive study of issues related to the study of mitigation of punishments, taking into account the methods of their execution, which is reflected in the recently entered into force federal laws on amendments and additions to the Criminal Code .
Keywords: mitigation of punishment, formalized criteria for mitigation of punishment, release, criminal liability.
Bibliographic list of articles
1. Ignatenko M.A. A combination of difficult life circumstances as a mitigating circumstance and its influence on the qualification of a crime // Magistracy Bulletin. – 2016. – No. 9 (60). – pp. 277-280.
2. Mingalimova M. F. The role of mitigating circumstances in sentencing // Legality. – 2019. – No. 9. – P. 51-55.
3. Ushakova M. G. Mitigating circumstances in criminal law of Russia: Author’s abstract. dissertation candidate. legal Sci. – M., 2002. – P. 17-18.
4. Chechel G.I. Pregnancy as a circumstance mitigating punishment // Criminal policy: theory and practice. – 2018. – No. 4. – P. 58-62.
5. [Electronic resource]. – Access mode: https:// www.forbes.ru/news/55392-op-dobilas-perevoda-beremennoi-yulii-kruglovoi-iz-tyuremnoi-bolnitsy-v-oblastnuyu.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
RAISING THE PROBLEM CAUSED BY THE REPEAL OF THE ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA No. 19 OF 17 JANUARY 2006 “ON THE ACTIVITY OF THE INTERNAL AFFAIRS AGENCIES TO PREVENT CRIME”
The article assesses the significance of the Order of the Ministry of Internal Affairs of the Russian Federation No. 19 of January 17, 2006 “On the activity of internal affairs agencies in crime prevention” for law enforcement practice, criminological research, as well as in educational activities of educational institutions, implementing educational programs of secondary vocational and higher education. The conclusion identifies the problem and the need for its early resolution in subsequent publications through an analysis of the current situation and implementation of the legal regulation of the Russian Federation in the field of crime prevention by internal affairs agencies.
Keywords: legal regulation, normative legal act, order, internal affairs agencies, prevention of crimes.
Bibliographic list of articles
1. Tsokolova O. I., Muzhenskaya N. E., Kostyleva G. V. [and others]. A guide for investigators and interrogators on the investigation of certain types of crimes: in 2 parts. Volume Part II. – Moscow: Limited Liability Company “Prospekt”, 2023. – 784 p. – ISBN 978-5-392-37447-2. – EDN JFZZQB.
2. Zinnurov F.K., Arestova E.N., Artemova V.V. [etc.]. Inquiry in the internal affairs bodies: A textbook for students, cadets and students of legal educational institutions of the Ministry of Internal Affairs of Russia / Fourth edition, revised and expanded. – Moscow: Limited Liability Company “Publishing Unity-Dana”, 2023. – 496 pp. – ISBN 978-5-238-03640-3. – EDN RFMYXO.
3. Manyshev V.V. Operational and official activities of the police. Tactical and special training. – Moscow: Limited Liability Company “Publishing House “KnoRus”, 2023. – 290 pp. – (Secondary vocational education). – ISBN 978-5-406-11158-1. – EDN OBGHAO.
4. Avanesov G. A., Antonyan E. A., Ivantsov S. V. [etc.]. Criminology / Eighth edition, revised and expanded. – Moscow: Limited Liability Company “Publishing Unity-Dana”, 2023. – 448 pp. – ISBN 978-5-238-03635-9. – EDN BCMYCC.
5. Bezhentsev A. A., Avrutin R. Yu., Pauk N. N. [et al.] Current issues in the activities of patrol service units: Educational and methodological pspecials / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – 412 p. – ISBN 978-5-91837-717-8. – EDN YHTCGC.
6. Gaidukov A. A., Tereshchenko A. A. Participation of the local police commissioner in monitoring the provision of storage conditions (safety) of civilian, service, military and award weapons, ammunition, cartridges for weapons owned or temporarily used by citizens : Educational and practical manual. – Barnaul: Federal State Treasury Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2023. – 28 p. – ISBN 978-5-94552-539-9. – EDN KWCCEG.
7. Zaudinov U.I., Pertsev V.V. Issues of qualification of certain types of administrative offenses committed at transport facilities: educational and practical guide. – Barnaul: Federal State Treasury Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2023. – 76 p. – ISBN 978-5-94552-535-1. – EDN USOXTL.
8. Fedyaev E. A., Verkhoglyadov Ya. E. General characteristics of composition and qualification of certain types of administrative offenses subordinate to local police commissioners: Educational and practical manual. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2023. – 76 p. – ISBN 978-5-94552-524-5. – EDN EOAQPE.
9. Sidorova E. Z., Gribunov O. P. Prevention of crimes and administrative offenses by internal affairs bodies: Textbook. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of Russia, 2023. – 132 p. – ISBN 978-5-9538-0095-2. – EDN PKZOFH.
10. Fedorovich V. Yu., Zhilkin M. G., Kachalov V. V. [etc.]. Organization of preventive work of the investigator during the investigation of crimes in the sphere of housing and communal services. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after. V.Ya. Kikotya, 2023. – 141 p. – ISBN 978-5-9694-1281-1. – EDN NIIMKR.
11. Antonyan Yu. M., Antonyan E. A., Afanasyeva O. R. [et al.]. The personality of the criminal and crime prevention. – Moscow: Limited Liability Company “Prospekt”, 2023. – 224 p. – ISBN 978-5-392-37966-8. – EDN MIOQSA.
12. Belov O. A., Veselov V. N. Complex operational and preventive operations (measures) in internal affairs bodies. – Moscow: Limited Liability Company “Rusines”, 2023. – 90 p. – ISBN 978-5-466-02959-8. – EDN SUCHWO.
13. Borisov A.V. Criminological support of transport security of the Russian Federation. – Moscow: Yurlitinform Publishing House, 2023. – 184 p. – (Criminology). – ISBN 978-5-4396-2462-1. – EDN DIBDEB.
14. Valov S.V. Investigative bodies of the Investigative Committee of the Russian Federation in the national system of crime prevention. – Moscow: Limited Liability Company “Prospekt”, 2023. – 288 p. – ISBN 978-5-392-37636-0. – EDN EJZXYJ.
15. Goryunov V. E. Legal principles of the activities of the local police commissioner. – Chelyabinsk: Chelyabinsk State University, 2023. – 400 p. – ISBN 978-5-7271-1872-6. – EDN HJPCPT.
16. Molchanova M. A. Activities of law enforcement agencies to combat corruption in the private sector of the economy. – Moscow: Yurlitinform Publishing House, 2023. – 200 p. – (Criminologist Library). – ISBN 978-5-4396-2499-7. – EDN CJEGOG.
17. Revyagin A.V. Evolution of unsolved crime. – Moscow: Yurlitinform Publishing House, 2023. – 160 p. – ISBN 978-5-4396-2485-0. – EDN DEYZOT.
18. Fadeev I. A. Implementation of the powers of the inquiry bodies of the Russian Ministry of Internal Affairs in criminal proceedings. – Moscow: Publishing House “Infra-M”, 2023. – 238 p. – ISBN 978-5-16-018119-6. – DOI 10.12737/1911534. – EDN BFNPGE.
19. Filippova O. V. Features of preventing recidivism. – Moscow: Yurlitinform Publishing House, 2023. – 160 p. – (Criminology). – ISBN 978-5-4396-2477-5. – EDN QSEUWW.
20. Kholmansky V. I., Stulnova T. V. Legal regulation of administrative supervision of persons released from prison. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – 374 p. – ISBN 978-5-91837-695-9. – EDN VPOQSL.
CRIMINAL LAW
STEPENKO Artem Valerjevich
Ph.D. in Law, associate professor of the Higher School of Public Law of the Pacific State University, Khabarovsk
IMPLEMENTATION OF CRIMINAL LIABILITY FOR MERCENARISM
The relevance of this topic is due to the huge number of mercenaries from various countries who are recruited around the world to participate in hostilities on the side of Ukraine. Despite the fact that Ukraine itself is a party to the convention against mercenaries. Based on the fact that today it is not possible to prosecute under the norms of international law, the author proposes the option of bringing to justice under the norms of the Criminal Code of the Russian Federation. In the article, the author examines the procedure for bringing to justice mercenaries participating in hostilities against Russia. Moreover, the Criminal Code itself, by its provisions, provides such an opportunity.
Keywords: mercenary, criminal liability, international law, convention, private military company, criminal code, unfriendly countries.
Bibliographic list of articles
1. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on October 12, 2023) // Collection of legislation of the Russian Federation. – 06/17/1996. – No. 25. – Art. 2954.
2. Transcript of the address of the President of the Russian Federation dated February 24, 2022. [Electronic resource]. – Access mode: http://prezident.org/tekst/stenogramma-obraschenija-prezidenta-rossiiskoi-federacii-24-02-2022.html (access date: 10/20/2023).
3. Stingy chivalry. [Electronic resource]. – Access mode: https://proshloe.com/skupoe-rytsarstvo.html (access date: 10/16/2023).
4. Privateers. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Privates (date of access: 10/23/2023).
5. United Nations Mercenary Convention. [Electronic resource]. – Access mode: https/en.wikipedia.org/wiki/United_Nations_Mercenary_Convention (access date: 10/17/2023).
CRIMINAL LAW
SUROVIKINA Anna Evgenjevna
adjunct of Criminal policy sub-faculty of the Academy of Management of the MIA of Russia
ILLEGAL CIRCULATION OF MEDICINES AND MEDICAL DEVICES: MUTUAL INFLUENCE OF GENERAL SIGNS OF A CRIME AND CHARACTERISTICS OF THE CRIMINAL’S PERSONALITY
The article examines the relationship and mutual influence of the features inherent in crimes related to the illicit trafficking of medical products in the Russian Federation, and the criminological characteristics of the personality of the criminals. When analyzing the current state of crime in this area, attention is focused on the causal complex and personality traits of persons committing these acts.
Keywords: pharmaceutical market, falsified, substandard and unregistered medicines, identity of the criminal.
Bibliographic list of articles
1. Malichenko V. S. International legal mechanisms to counter the spread of low-quality and falsified medical products – // Journal of Foreign Legislation and Comparative Law. – 2020. – No. 1. – P. 87-100. DOI 10.12737/jflcl.2020.003. – EDN FXPZCF
2. Rudaya T. Yu. “White-collar” crime in the sphere of circulation of medicines: problems of criminal legal struggle // Yurist-Pravoved. – 2014. – No. 6. – P. 75-81.
3. Tretyakova E.I. Turnover of counterfeit medicines: criminal legal and criminological problems of counteraction: dis. …cand. legal Sci. – Irkutsk, 2016.
CRIMINAL LAW
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
GARANOV Murad Shamiljevich
magister student of the 2nd course of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABAKAROVA Bika Gadzhishamhalovna
lecturer at the Law College of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
SEPARATE ASPECTS OF THE QUALIFICATION OF SIMPLE MURDER
The protection of the right to life is fundamental for the sphere of criminal law relations, which is confirmed by the presence of norms on murder in the Criminal Code of the Russian Federation. The qualification of a simple murder is due to the fact that various circumstances of the commission of a crime can significantly influence the determination of the type of murder. Law enforcement agencies are taking active measures to combat this crime, but it can be seen from official statistics that cases of murders remain in the general statistical information, and this is confirmed by official statistics. Features of the qualification of a simple murder include many factors that must be taken into account when determining the degree of guilt of the offender and deciding on his responsibility.
Keywords: simple murder, qualification, features, many factors, statistics.
Article bibliographiccue list
1. Mahamadiev Kh. R. Forensic characteristics of murders // Current research. – 2023. – No. 7-2 (137). – P. 30-33.
2. Official website of the Prosecutor General’s Office of the Russian Federation – Legal Statistics Portal. [Electronic resource]. – Access mode: http://crimestat.ru/
3. Official website of the Federal State Statistics Service of the Russian Federation. [Electronic resource]. – Access mode: https://rosstat.gov.ru/
4. Golenkov A.V. Epidemiological and forensic psychiatric aspects of murders committed by patients with alcoholism, aggravated by comorbid conditions. Narcology. – 2011. – No. 10 (118). – pp. 30-35.
CRIMINAL LAW
SHCHEGLOVA Elena Valerievna
Ph.D. in pedagogical sciences, associate professor of the Dagestan State University, branch in Kizlyar
PROBLEMS OF PREVENTING DELINQUENCY AMONG MINORS
The article is dedicated to the prevention of teenage crime. This article examines the relevance of studying the system of the welfare state and public policy in the context of preventing crime among minors.
Based on the analysis of official statistics, the article analyzes some issues of criminological characteristics of the personality of juvenile offenders. The problems of finding and establishing a humane approach to solving the problems of preventing and suppressing crime among minors, as well as carrying out a number of works to identify and eliminate the causes of criminal behavior among adolescents, are considered.
Keywords: criminological characteristics, juvenile delinquency, personality, analysis, statistics, prevention.
Bibliographic list of articles
1. Laushkin A. S. The main problems of improving the coordination of the activities of subjects of crime prevention for non-working and non-studying minors // Russian Judge. – 2007. – No. 1.
2. Federal Law “On the Basics of the System for the Prevention of Neglect and Juvenile Delinquency” dated June 24, 1999 // Rossiyskaya Gazeta. – 1999. – June 30.
3. Shlyapnikova O. V. Problems of responding to behavioral situations with the participation of members of criminogenic adolescent and youth formations in the field of public order // Russian investigator. – 2013. – No. 4. – P. 34-35.
CRIMINAL LAW
TRAN Thanh Thao
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia, lecturer of the Ho Chi Minh Law University, Republic of Vietnam
PROTECTING ELECTRONIC DATA THROUGH THE INFORMATION TECHNOLOGY CRIME PROVISION IN THE VIETNAM CRIMINAL CODE
The article analyzes the provisions of the Vietnamese Criminal Code 2015, their features of crimes in the field of information technology. Thus, the author identifies the remaining restrictions in these standards related to the protection of electronic data. Based on a comparison with the provisions on information technology crimes in international treaties, the author proposes some solutions to improve the provisions of the Vietnamese Criminal Code 2015 on these crimes.
Keywords: Information technology crimes, cybercrimes, Vietnamese Criminal Code, European Convention on Cybercrime, African Convention on Cybersecurity and Personal Data Protection.
Bibliographic list of articles
1. Nguyen Quy Huyen (2021). Crimes in the field of information technology and telecommunication networks in Vietnamese criminal law, doctoral dissertation in jurisprudence. Hanoi University of Law.
2. Vietnamese textbook of criminal law – section “Crimes” (first edition, with amendments and additions). Hong Duc Publishing House. Vietnam Bar Association.
3. Tahir R. (2018). A Study on malware and malware detection techniques, international journal of education and management engineering. pp. 21-22.
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
SOKOL Darya Dmitrievna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
LAPTEVA Vera Dmitrievna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting ServiceUniversity of the Ministry of Emergency Situations of Russia
MURDER BY A MOTHER OF A NEWBORN CHILD: CRIMINAL-LEGAL AND CRIMINOLOGICAL PROBLEMS
This article deals with the main problems of qualification of the article Art. 106 of the Criminal Code of the Russian Federation related to the illegal production of abortion – differentiation of this corpus delicti from murder and causing death by negligence, as well as taking into account mitigating and aggravating circumstances of the crime. The author of the article considers the main ways of solving these problems, the assessment of the public danger of the crime depending on the presence of intent of the mother of the child is given. As a mitigating circumstance, the author of the article emphasizes the specificity of the woman’s condition after childbirth, as well as the motivation for committing the crime. The author of the article considers examples from judicial practice, indicating that in the absence of mitigating circumstances, the court imposes a punishment below the lower limit. At the end of the article, the author concludes that this norm requires revision of the subjective side of the crime, in particular, supplementing the Criminal Code of the Russian Federation with a norm on responsibility for this crime from the age of fourteen, as well as indicating that under this article can be admired only a woman whose intent to kill suddenly arose immediately after childbirth.
Keywords: newborn, murder, criminal code, infanticide, intent, guilt, mitigating circumstances, punishment, subject, responsibility.
Bibliographic list of articles
1. Zhivodrova N.A. et al. Problems of qualification of murder by a mother of a newborn child and possible solutions // Science, society, state. – 2018. – T. 6. – No. 1 (21). [Electronic resource]. – Access mode: http://esj.pnzgu.ru (access date: 10/05/2023)
CRIMINAL LAW
SHEPETA Aksiniya Vladimirovna
magister student of the Far East Federal University, Vladivostok
LIMITS OF PROOF IN CRIMINAL CASES
The article discusses the problems of determining the limits of evidence in criminal cases, which are still controversial in scientific circles. The author comes to the conclusion that the limits of proof for each specific case are closely related to the subject of proof. Based on an analysis of scientific developments and legal regulation, the author proposes to understand the limits of evidence as a mandatory body of evidence that is determined by the subject of proof and dependent on it, as the primary category of evidence in each specific criminal case . At the same time, the boundaries of the limits of evidence can be mobile in the direction of their expansion, in order to achieve the collection of the necessary and sufficient evidence base, in order for the court to make a legal and fair decision on a specific criminal case.
Keywords: proof, limits of proof, subject of proof, criminal case, fair and lawful decision.
Bibliographic list of articles
1. Belkin A. R. Theory of evidence in criminal proceedings. – M.: Norma, 2007. – pp. 49-50.
2. Bezlepkin B. T. Criminal process in questions and answers: textbook. 9th ed., revised. and additional – M.: Prospekt, 2018. – 304 p.
3. Borulenkov Yu. P. Theoretical foundations of procedural knowledge: Monograph. – Vladimir, 2006. – 257 p.
4. Zotov D. V. Limits of proof in criminal proceedings (research from the standpoint of reasonable formalism) // Journal of Russian Law. – 2016. – No. 2. – P. 105-117.
5. Karneeva L. M. Evidence in the Soviet criminal process. – Volgograd, 1988. – pp. 16-18.
6. Kokorev L.V., Kuznetsov N.P. Criminal process: evidence and proof. – Voronezh, 1995. – P. 219
7. Lazareva V. A. Evidence in criminal proceedings: educational and practical. allowance. – M., 2012. – P. 142.
8. Novolodsky Yu. M. Proving in the practical activities of a defense lawyer: monograph. – St. Petersburg: R-KOPI LLC, 2016. – 256 p.
9. Pokhmelkin V.V. Problems of application by magistrates of legislation on administrative offenses in the field of road traffic: scientific and practical guide. – M.: Justitsinform, 2019. – 200 pp.
10. Ratinov A. R. Questions of knowledge in judicial proof // Soviet state and law. – 1964. – No. 8. – P. 106-108.
11. Shafer S. A. Evidence and proof in criminal cases: problems of theory and legal regulation. – M., 2012. – P. 88.
CRIMINAL PROCEDURE
BATYSHCHEVA Irina Valerjevna
senior lecturer of Criminal process sub-faculty of the Training and Scientific Complex of the Preliminary Investigation in the Law-enforcement Bodies of the Volgograd Academy of the MIA of Russia
INVOLVEMENT OF A MINOR IN THE COMMITMENT OF A CRIME: CRIMINAL LEGAL ASPECTS
This article reveals the criminal legal aspects of involving a minor in the commission of a crime, as well as the latter’s commission of an antisocial, illegal act, for which the legislation of the Russian Federation provides for liability. Ignoring this issue can lead to disastrous consequences both on the part of the individual and the state. This issue cannot be ignored, since it causes great social harm and undermines the institution of family and the integrity of the child. The author highlighted common problems that arise when establishing this type of criminal acts, as well as difficulties in identifying the person who involves a minor in committing criminal and antisocial acts.
Keywords: involvement in crime, antisocial actions, illegal actions, minor, methods of involvement.
Bibliographic list of articles
1. Ivantsov S.V., Solomatina E.A., Strauning Yu.A., Shmarion P.V., Ivasyuk O.N. Prevention of crimes and administrative offenses committed by minors: a course of lectures. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2017. – 244 pp.
2. Kosova N. N. Involvement of minors in committing crimes and other antisocial actions: criminal legal aspects // Management Issues. – 2015. – No. 4. – P. 265-269.
3. Nikolaev A. G. Criterion “public danger” and disciplinary offenses // Public service and personnel. – 2018. – T. 1. – No. 1.
4. Radkova L. S. Mechanism of involving minors in the illicit trafficking of narcotic drugs, psychotropic substances or their analogues // Humanitarian, socio-economic and social sciences. – 2017. – No. 8-9. – pp. 218-222.
5. Reshetnikova G. A. Involvement of a minor incommitting a crime: searching for the optimal norm // Judicial power and criminal process. – 2022. – No. 1.
6. Shevtsov A.V. [etc.]. Carrying out proceedings in cases of administrative offenses by police officers: training method. allowance – M., 2018.
7. Shevtsov A.V. On the issue of the problems of bringing to administrative responsibility for theft of property // Administrative law and process. – 2018. – No. 1.
8. Shevtsov A.V. Features of administrative legal restrictions on the rights of juvenile offenders delivered to the internal affairs bodies // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2016. – No. 4 (40).
9. Shevtsov A.V. Managerial and procedural functions of jurisdictional activities of internal affairs bodies // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (42).
10. Ulyanov A.D. Control of official activities as a way to ensure executive discipline in the territorial bodies of the Ministry of Internal Affairs of Russia // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (45).
CRIMINAL PROCEDURE
KOKOREVA Lyubov Vladimirovna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the Moscow Regional Branch of the V. Ya. Kikot Moscow University of the MIA of Russia
MORUGINA Nadezhda Anatolyevna
Ph.D. in Law, associate professor of Criminal process sub-faculty of the Voronezh Institute of the MIA of Russia
NUGAEVA Elvira Damirovna
Ph.D. in Law, associate professor, Head of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
STAGES OF FORMATION OF THE INSTITUTION OF JURORS IN CRIMINAL PROCEEDINGS: A BRIEF HISTORICAL ASPECT
The authors analyzed and summarized the opinions of researchers on the issues of the emergence and formation of the jury trial in domestic and foreign criminal proceedings. It is concluded that the reform of judicial proceedings with the participation of jurors continues. The author’s position of the periodization of the formation and development of the domestic court of jurors is proposed.
Keywords: criminal procedure, institute of jurors, judicial reforms, jurors.
Bibliographic list of articles
1. Vyshchepan D. A. Jury trial – a tribute to history or effective justice // Bulletin of OSU. – 2011. – No. 3 (122). – pp. 33–35.
2. Gutsenko K. F., Golovko L. V., Filimonov B. A. Criminal process of Western states. – M.: Yurlitinform, 2002.
3. Demichev A. A. Periodization of the history of jury trials in Russia // Journal of Russian Law. – 2001. – No. 3. – P. 137.
4. Drozdova A. A. Jury: history and modernity // Current problems of Russian law. – 2014. – No. 11 (48). – pp. 216-218.
5. Kondratchik A. L. English jury: historical roots and evolution // Sov. state and law. – 1991. – No. 6. – P. 138.
6. Leonkina A. A. Jury trials in federal countries (on the example of the USA, Germany, Russia) // Electronic scientific journal “Science. Society. State”. – 2017. – T. 5. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sud-prisyazhnyh-v-federativnyh-stranah-na-primere-ssha-germanii-rossii/viewer (date of access: 09/10/2023).
7. Markaryan R.V. Trial by jury. Features of the process and secrets of successful performance in debates. – [Electronic resource]. – Access mode: https://iknigi.net/avtor-ruben-markaryan/95490-sud-prisyazhnyh-osobennosti-processa-i-sekrety-uspeshnogo-vystupleniya-v-preniyah-ruben-markaryan/read/page-1. html (access date: 08/09/2023).
8. Poludnyakov V.I. Jury trial: a collection of scenarios for practical training. – St. Petersburg: St. Petersburg State University, 2017. – [Electronic resource]. – Access mode: https://iknigi.net/avtor-vladimir-poludnyakov/145741-sud-s-uchastiem-prisyazhnyh-zasedateley-sbornik-scenariev-dlya-prakticheskih-zanyatiy-vladimir-poludnyakov/read/page-1. html (access date: 08/09/2023).
9. Judicial proceedings: textbook / Under the general. ed. A. V. Mironova, L. V. Kokoreva. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2018.
10. Tarasov A. A. The updated Russian jury is preserved in the classical model // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (44). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obnovlennyy-rossiyskiy-sud-prisyazhnyh-sohranen-v-klassicheskoy-modeli/viewer (date of access: 09/10/2023).
11. Cheltsov-Bebutov M. A. Course of Soviet criminal procedural law. Essays on the history of court and criminal proceedings in slaveholding, feudal and bourgeois states. – St. Petersburg, 1995.
CRIMINAL PROCEDURE
MIRZAEV Zakir Mukailovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
MIRZAEVA Zeinab Zakirovna
senior lecturer of the Dagestan State Pedagogical University
MUSAEV Kazbek Batyrovich
Ph.D. in Law, senior lecturer of the Dagestan State University, branch in Izberbash
EXPERT ERRORS OF A CRIMINAL PROCEDURAL NATURE
The concept of expert errors in criminal proceedings is revealed. The article is devoted to the study of expert errors of a procedural nature. Specific examples of procedural expert errors are given. Factors contributing to the prevention and identification of expert errors are considered. Based on an analysis of expert practice, the most common causes of expert errors in certain types of forensic examination and possible measures to prevent them are considered.
The criteria for assessing this type of evidence at the stages of preliminary investigation and trial are considered, taking into account the requirements of modern legislation.
Keywords: expert errors, forensic examination, expert, expert opinion.
Bibliographic list of articles
1. Gvozdeva I. S. Use of special psychiatric knowledge in cases of juvenile crimes // Issues of juvenile justice. – 2011. – No. 6. – P. 10 – 12.
2. Mazur E. S., Ivanov I. V. On possible errors in expert opinions // Bulletin of Tomsk State University. – 2014. – No. 387. – P. 164-169.
3. Prutovykh V.V. Limits of competence of a forensic expert in establishing the degree of harm caused to health // Russian Justice. – 2015. – No. 1. – P. 61-65.
4. Sokolova O. A. Falsification of traces and prints of human hands // Forensic examination. Scientific and practical journal. Volgograd. – 2012. – No. 4 (32). – pp. 56-71.
5. Forensic examination: typical mistakes / E. I. Galyashina et al.; edited by E. R. Rossinskaya. – M.: Prospekt, 2012. – 54 p.
CRIMINAL PROCEDURE
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty оf the Academy of the FPS of Russia
THE EFFECTIVENESS OF INVESTIGATIVE ACTIONS AND OPERATIONAL SEARCH MEASURES FOR THE FORMATION OF THE EVIDENCE BASE IN A CRIMINAL CASE
The process of proof is repeated until the circumstances of the event are established in the case. Operational-search information can be used in proving a criminal case only if it indicates the circumstances to be proven: it is accessible for proper procedural registration and does not decipher the methods, tactics and means of operational-search activity. Since crimes committed under conditions of non-obviousness are revealed as a result of the implementation of operational search materials, the investigation of this category of crimes requires not only effective interaction of the investigator with operational workers, but also knowledge of the patterns of detection, fixation, evaluation and use of evidence for the investigation of a criminal case.
Keywords: the process of proof, investigative actions, ORM, criminal case, detection of crimes, the effectiveness of the investigation of a criminal case.
Bibliographic list of articles
1. Gamidov A. M., Mamedguseinov A. N. Interaction of specialists with investigators and bodies of inquiry in the investigation of crimes in the field of illegal drug trafficking // Law and Law. – 2019. – No. 4. – P. 94-95.
2. Kiselev A.P. Application of special psychological knowledge aimed at overcoming opposition to giving false testimony in the process of investigating domestic murders // Legal science. – 2016. – No. 2. – P. 121-126.
3. Verkhoturova S.V., Sobolevskaya S.I. Physical evidence: selected issues of theory and practice. Legal science and law enforcement practice. – 2019. – No. 4 (50). – pp. 74-84.
4. Malik V.I. Some aspects of conducting operational-search activities when documenting crimes of drug trafficking committed in a non-contact manner, and assessing their results // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (100). – P. 214—225.
5. Judgment No. 1-289/2015 dated December 22, 2015 in case No. 1-289/2015. Sovetsky District Court of Ryazan (Ryazan Region).
6. Sidorova E.I., Morugina N.A. Use, issuance and storage of material evidence in a criminal case // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 311-316.
7. BottomAmov V. Yu. On the issue of the concept of “Crime detection” in criminology and criminal proceedings // Leningrad Legal Journal. – 2016. – No. 1 (43). – pp. 170-179.
CRIMINAL PROCEDURE
LUKYANCHIKOVA Svetlana Anatoljevna
senior lecturer of Criminal process sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
PROSPECTS FOR THE DEVELOPMENT OF CERTAIN TYPES OF FORENSIC EXAMINATIONS
The article discusses the problems arising in the field of appointment and conduct of various types of forensic examinations. On the basis of media materials and the practical activities of law enforcement agencies, their current state is under investigation. Conducting forensic examinations in modern realities is an important component of both the investigative process and the judicial one. Currently, a number of key types of forensic examinations are subject to serious internal changes. The possibilities of developing and implementing new types of expert research are analyzed, conclusions are drawn about the possible negative and positive consequences of these processes.
Keywords: forensic examination, criminal procedure, expert research.
Bibliographic list of articles
1. Avrunev E. I., Blokhin D. Yu. Geoinformation support for establishing easement boundaries in a territorial entity // Interexpo Geo-Siberia, 2019. – No. 2. – P. 3-11.
2. Baltin V. E., Orlova E. I. Determination of proportionate payment for easement of a land plot // Academy. – 2018. – pp. 1-5.
3. Tsybulenko Z. I. Private easements in the legislation of the Russian Federation // Bulletin of the Saratov State Law Academy. – 2019. – No. 2 (127). – pp. 130-142.
CRIMINAL PROCEDURE
OSTAPENKO Maxim Vitaljevich
postgraduate student of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University, lawyer of the St. Petersburg Joint Bar Association “Nevskaya”
JUDGE’S MARGIN OF APPRECIATION THROUGH THE PRISM OF JUDICIAL INDEPENDENCE
The article examines the legal categories of autonomy of the judicial bodies and the autonomy of the judicial authority, its independence. The independence of the judiciary is analyzed through the prism of the activity of a judge. The issues of discrepancy between the legal categories of independence of the judiciary (judicial bodies) and the independence of the judiciary (independence of the activity of judges) are analyzed. The scope and boundaries of the judge’s discretion are investigated in conditions of relative certainty of the prescriptions of criminal and criminal procedural law, whether it is permissible to formulate any template as a regulator of the judge’s margin of appreciation. Do the standards of proof in typical situations have the right to exist in criminal proceedings? Attention is focused on the fact that one of the important values of the sanction is that it not only determines the limits of punishment, but also establishes the scope of judicial discretion.
Keywords: scope and boundaries of the judge’s discretion, independence and independence of judicial activity.
Bibliographic list of articles
1. Andreeva O., Lon S., Rukavishnikova A., Trubnikova T. Vector of direction for further development of criminal proceedings. Criminal law. – 2017. – No. 4.
2. Current problems of the activities of courts of general jurisdiction of the Russian Federation: textbook / Team of authors; edited by V. M. Bozrova. – Moscow: JUSTICE, 2017.
3. Barak A. Judicial discretion. – M., 1999 @@ Bazhanov A.V. On the nature of logical correctness // Questions of logic. – Sat. M., 1965.
4. Vlasenko N. A., Vlasenko A. N. Judicial power and judicial activity in the Russian Federation. – M., 2005.
5. Gorevoy E. D., Kozyavin A. A. Fairness of judicial proceedings as a condition for free assessment of evidence in Russian criminal proceedings. // World judge. – 2007. – No. 12 @@ 2008. – No. 1.
6. Groshevoy Yu. M. Problems of formation of judicial persuasion in criminal proceedings. – Kharkiv. 1975.
7. Kurchenko V. N. Actions of the state prosecutor in judicial proceedings // Legality. – 2019. – No. 1.
8. Kurchenko V. N. Assignment of punishment for intentional infliction of grievous harm to health // Legality. – 2014. – No. 10.
9. Leontiev A. The process of forming a judge’s internal conviction // Lawyer. – 2010. – No. 7.
10. Mikhailovskaya I. B. Courts and judges: independence and controllability. – M., Prospekt, 2010.
11. Trusov A.I. Fundamentals of the theory of forensic evidence. – M., 1970.
12. Muradyan E. M. Judicial law. – St. Petersburg, 2007.
13. Presnyakov M. V. Constitutionnal concept of the principle of justice. Ed. G. N. Komkova. – “DMK Press”, 2008.
14. Criminal process. Problem lectures / ed. V. T. Tomina, I. A. Zinchenko. – M.: Yurayt Publishing House, 2013.
15. Zotov D.V. Standards of evidence at the stage of initiating a criminal case // Bulletin of Voronezh State University. Series “Law”. – 2016. – No. 2 (25). – P. 266.
16. Lyutynsky A.V. Standards of evidence in a criminal case // Russian justice. – 2015. – No. 10. – P. 101–106.
17. Kokorev L. D., Kuznetsov N. P. Criminal process: evidence and proof. – Voronezh: Voronezh Publishing House. University, 2013. – P. 91.
18. Kurchenko V. N. Miscarriage of justice: responsibility, but not the right // Russian law. Education. Practice. The science. – 2019. – No. 3. – P. 4-18.
19. Bazhanov A. V. On the nature of logical correctness // Questions of logic. – M.: Nauka, 1965. – P. 107.
20. Gorevoy E. D. Internal judicial conviction in assessing evidence in criminal cases. – M.: Yurlitinform, 2008.
CRIMINAL PROCEDURE
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the Ministry of Emergencies of Russia
LANTUKH Nataliya Viktorovna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
LANTUKH Eduard Vladimirovich
Ph.D. in Law, associate professor, Head of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
SOME ASPECTS OF THE FORMATION AND DEVELOPMENT OF THE INVESTIGATIVE EXPERIMENT
This article considers such a significant investigative action as an investigative experiment. Special attention is paid to various aspects and conditions of this investigative action. Some historical features of the emergence of an investigative experiment up to the present are investigated. The article stresses the importance of this investigative action in full compliance with the Criminal Procedure Code of the Russian Federation.
Keywords: consequence, investigative experiment, investigative action, production, survey, the tactical method.
Bibliographic list of articles
1. Savelyeva M.V., Smushkin A.B. Investigative actions: a textbook for undergraduate and graduate students. — 2nd ed., revised. and additional — Moscow: Yurayt Publishing House, 2017. — 293 p.
2. Lukovnikov G.D. Investigative actions and operational-search activities: a textbook for universities. — 2nd ed. – Moscow: Yurayt Publishing House, 2023. – 290 p.
3. Rossinsky S. B. Investigative actions: monograph. — Moscow: Norma: INFRA-M, 2023. — 240 p.
CRIMINAL PROCEDURE
SHAVKAROVA Elena Evgenjevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE HISTORY OF THE FORMATION AND DEVELOPMENT OF THE INSTITUTION OF INVOLVEMENT AS AN ACCUSED IN RUSSIAN CRIMINAL PROCEEDINGS
The article reveals the history of the origin of the institution of involvement as an accused in Russian criminal proceedings. Giving a person the status of an accused gives him more rights than a suspect, thereby allowing him to exercise his defense in full. Special attention in the article is paid to the reflection of this institution in normative acts from the time of the Statute of Criminal Proceedings to the present time, as well as its transformation.
Keywords: criminal proceedings, the accused, involvement as an accused.
Bibliographic list of articles
1. Makalinsky P.V. Practical guide for investigators; 6th ed. – St. Petersburg, 1907. – P. 386.
2. Nikulin T. G. History of the emergence of the institution of attracting the accused and modern prospects for development. Bulletin of Udmurt University. – 2019. – No. 4. – P. 115.
3. Decree of the All-Russian Central Executive Committee of April 12, 1919 “On Revolutionary Tribunals (Regulations)” – Access from the legal reference system “ConsultantPlus”.
4. Resolution of the All-Russian Central Executive Committee of May 25, 1922 “On the Criminal Procedure Code” (together with the “Criminal Procedural Code of the R.S.F.S.R.”). – Access from the reference legal system “ConsultantPlus”.
5. Kobelkov S. N., Zudilova L. A. Features of the implementation of the rights of the accused in the conditions of differentiation of the modern criminal process // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (37). – pp. 85-88.
6. “Criminal Procedure Code of the RSFSR” (approved by the Supreme Court of the RSFSR on October 27, 1960) (as amended on December 29, 2001, as amended on November 26, 2002) (as amended and additionally entered into force on July 1, 2002) – Access fromlegal system “ConsultantPlus”.
CRIMINAL PROCEDURE
DEMICHEVA Tatiana Sergeevna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
CRIMINAL PROCEDURAL FORM OF EXAMINATION OF INFORMATION AND TELECOMMUNICATION NETWORKS WHEN VERIFYING A CRIME REPORT
The peculiarities of the use of information technologies in criminal procedural activity are topical. The peculiarities of the use of information technologies in criminal procedural activity is a relevant direction of improvement of criminal procedural legislation, in this connection the theoretical and practical development of the issues is required. In this connection, it requires theoretical and practical development of issues, related to the criminal procedure form of using information technologies. technologies. The paper considers the problems and possible prospects of the procedural form of the use of information technologies in the course of investigative examination. The article substantiates the necessity of legal fixation of the order of inspection of information and telecommunication networks. The author identifies possible ways of solving these problems.
Keywords: information technology, verification of a crime report, inspection, information and telecommunication networks, criminal procedural form.
Bibliographic list of articles
1. Vasyukov V. F. Inspection, seizure of electronic messages and obtaining computer information // Criminal process. – 2016. – No. 10 (142). – pp. 64-67.
2. Michurina O. V. Five key arguments in favor of informatization of criminal proceedings // Criminological Journal. – 2023. – No. 2. – P. 105-109.
3. Panfilov P. O. Changes in the criminal procedure law caused by the digitalization of economic relations: reality and need // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 106-109.
CRIMINAL PRINCIPAL LAW
restrictions, legitimate interests, positive obligations.
AVERKIN Sergey Dmitrievich
Ph.D. in Law, Deputy Head of the Federal Institution Research Institute of the FPS of Russia
TISHCHENKO Yuriy Yurjevich
Ph.D. in Law, senior researcher at the Research Center-3 of the FKU Research Institute of the FPS of Russia
SOME LEGAL ASPECTS OF THE REGIME OF SPECIAL CONDITIONS IN CORRECTIONAL INSTITUTIONS
The article discusses some legal aspects of the introduction of a regime of special conditions in correctional institutions of the penal system; the grounds for introduction require differentiation of the intensity of legal restrictions, the imposition of positive obligations and the suspension of consideration of applications and petitions representing the legitimate interests of convicts, depending on the grounds for the introduction of a regime of special conditions and based on the goal being achieved.
Keywords: regime of special conditions, regime, special legal regime, legal status of convicts, legal restrictions, legitimate interests,
positive obligations.
Bibliographic list of articles
1. Fefelov V.V. Legal regulation of the activities of correctional institutions in special conditions: abstract. …cand. legal Sci. – Ryazan, 2002. – P. 11.
2. Kucheruk A. S. Organizational and legal basis for the regime of special conditions in correctional institutions during a state of emergency or martial law:
dis. …cand. legal Sci. – Donetsk, 2022. – 240 pp.
3. Kashuba Yu. A., Alekseev A. Yu. Legal essence of the regime of special conditions // Criminal executive law. – 2021. – T. 16. (1-4). – No. 3. – P. 306-311.
CRIMINAL PRINCIPAL LAW
VLADIMIROVA Oksana Alexeevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
MATERIAL AND TECHNICAL SUPPORT FOR ORGANIZING EDUCATIONAL AND SOCIAL WORK WITH CONVICTS
The article reveals problematic issues related to the logistics of educational and social work with convicts in correctional institutions. An analysis of the legal regulation of this area was carried out. In addition, the main problems of a material and technical nature that employees of educational departments and social protection groups for convicts in correctional colonies face when implementing their functions have been identified. As one of the ways to solve problems, it is proposed to create a special legal act in order to establish regulations and furthercompliance with these norms.
Keywords: logistics, educational work, social work, regulations.
Bibliographic list of articles
1. Ponomarev P. G. The effectiveness of legal norms regulating the use of basic means of correction and re-education of those sentenced to imprisonment. – M., 1989. – 148 p.
2. Resource support of the penal system: state and prospects // Crime and Punishment. – 2005. – No. 12. – P. 12-18.
CRIMINAL PRINCIPAL LAW
TREGUBOVA Еkaterina Anatoljevna
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
QUESTIONS ON THE IMPLEMENTATION OF CONTROL BY THE STAFF OF THE PENAL ENFORCEMENT INSPECTORATE OVER PERSONS RELEASED FROM PUNISHMENT ON PAROLE
The article deals with the issues of control by the staff of the penal enforcement inspectorate over persons released from further serving of sentence on password. The topic under consideration is of particular interest because for a long time of the existence of this institution of exemption from punishment, it has not received due attention from the legislator. This fact is also confirmed by the presence of gaps in criminal and criminal procedure law regarding the legal mechanism regulating the legal status of persons released from punishment on parole. This circumstance served as the basis for conducting a survey among the staff of the penal enforcement inspectorate, which was aimed at studying law enforcement practice and identifying trends in resolving issues arising during the control of released persons.
Keywords: penal enforcement inspectorate, employee, parolee, duties, control, search.
Bibliographic list of articles
1. Suleymanov T. A., Fomin V. V. Methodology and tactics of prosecutorial supervision over the execution of laws in the execution of punishments not related to imprisonment // Man: crime and punishment. – 2022. – T. 30 (1-4). No. 1. – pp. 78-85.
2. On amendments to the Regulations on the Federal Penitentiary Service, approved by Decree of the President of the Russian Federation of October 13, 2004 No. 1314: Decree of the President of the Russian Federation of March 2, 2021 No. 119 [Electronic resource] // Official Internet portal of legal information (www.pravo.gov.ru).
3. Sequence of actions to monitor the behavior of persons released on parole from serving a sentence: letter from the Federal Penitentiary Service of Russia dated March 23, 2021. The document has not been published.
4. On the performance of service by the local police commissioner at the administrative site served and the organization of this activity: order of the Ministry of Internal Affairs of Russia dated March 29, 2019 No. 205 [Electronic resource] // Official Internet portal of legal information (www.pravo.gov.ru).
CRIMINALISTICS
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
SIGERICH Mikhail Yaroslavich
lecturer of Document examination sub-faculty of the Training and Scientific Complex of Expert-Criminalistic Activity of the Volgograd Academy of the MIA of Russia
ESTABLISHING THE FACT OF MOUNTING THE SIGNATURE ON A COPY OF THE DOCUMENT
The article is devoted to the study of the peculiarities of the handwritten examination of signatures in copies of documents. The issues of manifestation and change of signs of both the original signature and the facts of technical forgery during repeated copying of documents are considered. The results of an experimental study presented, the purpose of which was to establish the dependence of the manifestation of signs on the number of copies and the quality of reproduction. A description of the stages of the experiment and the results obtained given, based on which a conclusion about the effect of copying on the preservation of signs of technical training when performing signatures.
Keywords: forensic handwriting examination, study of signature, copies of documents, authenticity forgery features of signature, technical forgery, ability to establish facts of assembly.
Bibliographic list of articles
1. Averyanova T.V., Rossinskaya E.R., Belkin R.S., Korukhov Yu.G. Forensics: Textbook. – 4th ed., revised. and additional – M.: Norma: Scientific Research Center Infra-M, 2019.
2. Barinova O. A., Kupin A. F. Copies of documents as objects of forensic examination: forensic and legal aspects // Russian Judge. – 2019. – No. 6. – P. 41-45.
3. Bobovkin M.V., Ruchkin V.A., Solovyova N.A., Ismatova T.A. Forensic handwriting researchsignature study: issues of theory and practice // Forensic examination. – 2016. – No. 4 (48). – pp. 27-50.
4. Kupin A.F., Titarenko V.A. Establishing facts of technical forgery of signatures when examining copies of documents // Questions of expert practice. – 2017. – No. S1. – pp. 179-184.
5. Seregin V.V. Handwriting studies and handwriting examination: Course of lectures. Ed. 5th. – St. Petersburg: Ministry of Internal Affairs of Russia, NPSEP, 2015.
6. Smakhtin E. V. Digital technologies and forensics: some problematic aspects // Russian legal journal. – 2018. – No. 4. – P. 78-83.
CRIMINALISTICS
KOLESNIKOVA Irina Evgenjevna
Ph. D. in philological sciences, senior lecturer of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
SLANDER IN THE EXPERTISE OF THE TEXT: LINGUISTIC AND LEGAL DISCOURSE
The article examines the features of forensic expert activity in the study of slander in order to diagnose them, taking into account both legal and linguistic knowledge. Attention is focused on the severity of special signs of speech aggression in the product of speech activity. The statements are considered offensive if a number of conditions are met. Firstly, if they are aimed at humiliating honor and dignity or undermining the citizen’s reputation directly. Secondly, there is premeditation of this act. Thirdly, the information being disseminated is false.
Keywords: slander, defamation, products of speech activity, a verbal aggression, forensic linguistic experiment.
Bibliographic list of articles
1. Baranov A. N. Linguistic examination of the text: theory and practice. – M.: Flinta: Nauka, 2007. – 592 p.
2. Brinev K. I. Linguistic expertise: types of expert tasks and methodological presumptions // Jurislinguistics – 9: Truth in language and law. – Interuniversity. Sat. scientific tr. Kemerovo; Barnaul, 2008. – pp. 232-249.
3. Brinev K.I. Theoretical linguistics and forensic linguistic examination: monograph. – Barnaul: AltSPA, 2009. – 252 p.
4. Galyashina E.I., Gorbanevsky M.V., Sternin I.A. Linguistic signs of defamation in the theory and practice of forensic linguistic examinations // Vzglyad. Quarterly analytical bulletin – M.: Glasnost Defense Foundation. – 2005. – No. 1 (6). – pp. 24–39.
5. Golev N. D. Legal regulation of speech conflicts and legal linguistic examination of conflict-prone texts // Legal reform in the Russian Federation: general theoretical and historical aspects: Interuniversity collection of articles. – Barnaul: ASU Publishing House, 2002. – P. 110-123.
6. Jafarova A. A. Problems of assigning punishment for libel // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (87). – pp. 52-59.
7. Zlatoustova L. V. Training of specialists in FEZ and forensic linguistic examination on the basis of the philological faculty of Moscow State University // Theory and practice of forensic examination. Scientific and practical journal. – M., 2007. – No. 3 (7). – P. 22.
8. Kara-Murza E. S. Linguistic indicators of speech crimes in politics // Language of media and politics. Scientific publication / Ed. G. Ya. Solganika / The study was carried out with the financial support of the Russian Humanitarian Fund according to project 09-04-00071 a. – Moscow: Moscow State University Publishing House, 2012. – P. 797-855.
9. Kozhina M. Speech science: the theory of functional stylistics: selected works. work. – Moscow: FLINT: NAUKA, 2014. – 620, [1] p.
10. Kolesnikova I. E. On some linguistic and legal discourses of forensic linguistic examination of text // Current problems of linguistics and the formation of linguistic competence of lawyers in modern conditions: collection of materials of the All-Russian scientific and practical conference (Rostov-on-Don, March 22 2019). – Rostov/n/D: FGKOU HE RUI Ministry of Internal Affairs of Russia, 2019. – P. 67-74.
11. Kyrkunova L. G. Functional and semantic types of speech in the aspect of intra-style differentiation of investigative and judicial texts // Stereotyping and creativity in the text. Interuniversity collection of scientific works, VII. – Perm 2004. – pp. 146-156.
12. Malysheva Yu. Yu. On crimes committed by deception and lies, according to the Criminal Code of Russia // Law and State: Theory and Practice. – 2018. – No. 11. – P. 117-120.
13. Osadchaya N. G. Slander: features of criminal law regulation // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 2 (129). – pp. 122-125.
14. Plaksina T. A. Punishment for libel // Bulletin of Tomsk State University. Right. – 2021. – No. 41. – P. 50-63.
15. Podkatilina M. L. Forensic linguistic examination in cases of insult // News of Tula State University. Economic and legal sciences. – 2016. – P. 389-394.
16. Problems and methods of experimental phonetic analysis of speech / [L. R. Zinder, L. V. Bondarko, L. A. Verbitskaya and others; Under general ed. L. R. Zindera, L.V. Bondarko]. – Leningrad: Leningrad State University Publishing House, 1980. – 151 p.
17. Pylin V.V. Can criminal libel become reprisals against critics? // Problems of law in modern Russia: collection of articles of the international interuniversity scientific-practical conference / Ed. ed. A. S. Veshkelsky, V. N. Snetkov. – St. Petersburg: Polytechnic Publishing House. Univ., 2013. – pp. 307–332.
18. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings. – M.: NORM, 2006. – 65 p.
19. Spivak D. L. Altered states of consciousness: psychology and linguistics. St. Petersburg: Yuventa Publishing House; Faculty of Philology, St. Petersburg State University, 2000. – 296 pp.
20. Shcherbinina Yu. V. Verbal aggression. – M.: Komkniga Publishing House, 2006. – 360 pp.
21. Expert research on cases of recognizing information materials as extremist: theoretical foundations and methodological guidance: scientific and practical publication / [Olennikov S. M., Kuznetsov S. A.]; St. Petersburg State univ. – 2nd ed., rev. and additional – Moscow: V. Ema Publishing House, 2014. – 310 p.
22. Heydon G. From legislation to the courts: Providing safe passage for legal texts through the challenges of a police interview. – Oxford: Oxford Univ. Pr., 2013. – Рp. 55-77.
23. Podlech A. Rechtslinguistik. Rechtswissenschaft und Nachbarwissenschaften. – Munchen, 1976. – S. 105-110.
24. Philbrick F. A. Language and the Law: the Semantics of Forensic English. – Forgotten Books, 2017. – 268 p.
25. Shuy R. W. Speaking of Language and Law. – Oxford: Oxford Univ. Pr., 2015. – 06 r.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty оf the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
FEATURES OF PRESENTATION TACTICS FOR IDENTIFICATION DURING THE INVESTIGATION OF ILLICIT DRUG TRAFFICKING AND PSYCHOTROPIC SUBSTANCES IN PENITENTIARY INSTITUTIONS OF RUSSIA
This article discusses the features of tactics for preparing, conducting and securing identification during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances in a penitentiary institution of the Russian penal system. The factors influencing the tactics of identification in the conditions of a correctional institution are considered. Specific tactical features are highlighted at the stage of preparation, identification, and consolidation of its results. Modern effective methods of identification in conditions that exclude the visibility of the identified person are proposed.
Keywords: narcotic, factor, feature, identification, identifying, identifiable, correctional institution.
Bibliographic list of articles
1. Forensics. Methods of investigating crimes in institutions executing punishment: a textbook for educational institutions of the Ministry of Internal Affairs of Russia / Ed. V.V. Kulkova. – Ryazan: RIPE Ministry of Internal Affairs of Russia, 1996. – T. 2. – Part 2. – 100 p.
2. Surin V.V., Filippov M.N., Fomin Yu.S. Carrying out initial investigative actions in correctional institutions of the Federal Penitentiary Service of Russia. – Perm: FKOU VPO Perm Institute of the Federal Penitentiary Service of Russia, 2014. – 126 p.
CRIMINOLOGY
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF THE CAUSES OF CRIMES AGAINST THE SECURITY OF THE RUSSIAN FEDERATION COMMITTED BY ELDERLY PEOPLE
The article analyzes some issues of criminological characteristics of crime of elderly people. In particular, attention is paid to the state and causes of crime against the security of the State from the perspective of the commission of such crimes by persons who have reached retirement age in old age. The study was conducted on the basis of official judicial statistics, as well as the results of sociological research, which allowed, based on the analysis of such information, to determine some of the causes of the type of crime under consideration and formulate proposals to prevent the commission of socially dangerous acts by older people directed against the security of the Russian Federation.
Keywords: crime, nnational security, causes of crime, elderly people, crime prevention.
Bibliographic list of articles
1. Alekseeva E. A. Transformation of the age structure of criminals in Russia and abroad // All-Russian Criminological Journal. – 2022. – T. 16. No. 1. – P. 135-146.
2. Berezin D. A., Markina M. V. Elderly people: problems of categorization // Social and pension law. – 2020. – No. 3. – P. 13-16.
3. Two pensioners in the Urals tried to set fire to military registration and enlistment offices on the same day. [Electronic resource]. – Access mode: https://ria.ru/20231110/podzhech-1908627663.html (date of access: 09/15/2023).
4. Ozersky S.V. Study of the phenomenon of increased crime among older people in 2012-2022 // Eurasian Legal Journal. – 2023. – No. 7 (182). – pp. 269-271.
5. The state of the drug situation in the Krasnoyarsk Territory according to the results of sociological research in the format of annual monitoring in 2022 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. N., Stupina S.A. Research report. Ministry of Internal Affairs of the Russian Federation. – 2023.
6. FSB: Kyiv uses teenagers, pensioners and marginalized people for sabotage in Russia. [Electronic resource]. – Access mode: https://rg.ru/2023/08/27/ogon-v-golove.html (access date: 09.15.2023).
7. Khomich V. M., Vishnevskaya T. I. Crime of older people as a social-systemic object of criminological assessment // Personality of a criminal in a changing world (Dolgov readings): Collection of materials of the III All-Russian scientific and practical conference, Moscow, March 23-24 2023. – Moscow, 2023. – P. 597-604.
CRIMINOLOGY
EFIMOVA Mariya Prometeevna
senior lecturer of Criminal law and process sub-faculty of the M. K. Ammosov Northeastern Federal University, Yakutsk
FUNDAMENTALS OF COUNTERING FAMILY VIOLENCE IN RUSSIA AND SOME FOREIGN COUNTRIES
The article discusses the basics of countering violent encroachments in the field of family relations. The system of countering family violence should be considered as a joint activity of state authorities, public authorities of the subjects of the Russian Federation and local self-government bodies, as well as individuals and legal entities. When implementing measures aimed at organizing comprehensive assistance to families in a dangerous situation, it is necessary to take into account, firstly, the regional peculiarities of the family’s place of residence. Russia is a multinational and multiconfessional country where a variety of cultures and traditions are intertwined, in particular in the upbringing of children. To prevent destructive behavior in potentially “dangerous families”, it is necessary to develop uniform response standards.
Keywords: counteraction, family, violence, prevention, elimination.
Bibliographic list of articles
1. Sinitsa A. L. Demographic and family policy in modern social policy: theoretical approaches, goals, implementation mechanisms and performance assessment (part 1) // Living standards of the population of Russian regions. 2022. Volume 18. No. 1. P. 57.
2. Khalturina O. A. Federal project “Financial support for families at the birth of children” and its financing // Industrial Economics. 2021. No. 5. T. 4. P. 337.
3. Burlakov V.N. Crime Prevention // Criminology: Textbook / Under the general editorship. V. N. Burlakova, N. M. Kropacheva. St. Petersburg: Peter, 2013.
4. Kuldysheva G.K., Madysheva Sh.I. The role and place of the family in society and the state program for its preservation // International Journal of Humanities and Natural Sciences. 2021. No. 2-2 (53). pp. 152-156.
5. Muratbaeva G. N. On methods of identifying and suppressing offenses in the sphere of everyday life in the Kyrgyz Republic // News of universities of Kyrgyzstan. 2017. No. 12. P. 78-80.
6. Zhalikulov B.K., Aitbaeva Zh.S. Domestic violence as one of the reasons for the growth of human trafficking // Bulletin of the RGSU branch in Osh. No. 19. Collection of scientific articles; [under the general editorship of Doctor of Economics. S.K. Turdubaeva]. Osh: Publishing house. “Publishing house of the RGSU branch in Osh.” 2019. No. 1. P.35-39.
7. Syzdykov A. Zh., Sagymbekov B. Zh. Comparative legal analysis of administrative and legal measures for the prevention of domestic violence // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2020. No. 3 (61). pp. 167-173.
8. Rakhimberdin K. Kh., Geta M. R. Theoretical and legal aspects of counteracting domestic violence in the legislation of the Republic of Kazakhstan: problems and prospects // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2021. No. 3 (66). pp. 62-72.
9. Feldman: why domestic violence remains a pressing problem for Moldova [Electronic resource]. – Access mode: https://ru.sputnik.md/society/20201005/31920650/domashnee-nasilie-moldova-chto-zhdet-obidchik-izhertva.html (accessed November 18, 2023).
10. Stefan A.V. Features of warningin relation to minors in the family according to the legislation of foreign countries // Victimology. 2017. No. 2 (12). pp. 64-71.
11. Dunaeva O. N. Overcoming domestic violence in modern China. Gender policy and the evolution of family and marriage legislation. Part I // Victimology. 2021. T. 8. No. 3. P.226-240.
12. Arkhipova A. S. International experience in combating family violence // International Journal of Humanities and Natural Sciences. 2018. Vol. 7.
13. Kvashis V. E., Dunaeva O. N. Current state and current directions of support for crime victims in Japan // Victimology. 2020. No. 4 (26). pp. 53-63.
14. Xavier F., Neto F. Experience of Brazilian legislation in the field of combating domestic violence: theory and practice // Bulletin of the O. E. Kutafin University (MSAL). 2021. No. 1. P.92-102.
CRIMINOLOGY
UNTEROV Vladimir Anatoljevich
senior Lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SPECIAL CRIMINOLOGICAL MEASURES PREVENTION OF THE COMMISSION OF CRIMES AGAINST LIFE AND HEALTH BY CONVICTS IN PLACES OF DEPRIVATION OF LIBERTY
The article deals with special criminological measures for the prevention of penitentiary crimes against life and health, taking into account the provisions of the Concept of the development of the penal enforcement system of Russia for the period up to 2030. The author highlights the stages of separate detention of convicts, and also suggests organizational and managerial measures aimed at reducing the number of crimes under consideration.
Keywords: crime prevention, organizational and managerial measures, concept, penal enforcement system, convict.
Bibliographic list of articles
1. On approval of the Concept for the development of the penal system of the Russian Federation for the period until 2030: Decree of the Government of the Russian Federation of April 29, 2021 No. 1138-r. – Text: electronic // Legal reference system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru (date of access: 09.11.2023).
LAW ENFORCEMENT AUTHORITIES
ASLANOV Marat Amurovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
IMPROVING DOMESTIC CRIMINAL LEGISLATION REGARDING LIABILITY FOR LIBEL
The article is devoted to the current problem of improving the criminal legislation of the Russian Federation in terms of criminal liability for libel. The author analyzes existing norms, identifying shortcomings and contradictions in their application. Particular attention is paid to the classification of various types of slander, the establishment of qualifying characteristics and the definition of objects of criminal protection. The question is raised about the advisability of introducing more precise criteria of responsibility, taking into account modern challenges of the information society and potential threats to the reputation and honor of citizens. The author also analyzes the point of view of various scientists and researchers in this field, and discusses alternative approaches to regulating liability for libel.
Keywords: libel, criminal law, responsibility, reputation, honor, improvement, information society.
Bibliographic list of articles
1. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // Rossiyskaya Gazeta. – 2020. – No. 144. – Art. 8198.
2. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ: as amended. dated August 4, 2023 // Collection of legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
3. Jafarova A. A. On the issue of the victim in slander // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (70). – pp. 104-108.
4. Dubovichenko S.V., Karlov V.P. Slander on the Internet and in relation to an individually undefined group of people // In the collection: Tatishev Readings: Current Problems of Science and Practice. – Tolyatti. 2021. – pp. 151-156.
5. Elets S. A. Acts related to the spread of fabrications discrediting the person in the legislation of the countries of the former USSR // Eurasian Union of Scientists. – 2020. – No. 8-4 (77). – pp. 51-57.
6. Elets S. A. Crimes related to the spread of defamatory fabrications: problems of criminalization and differentiation of responsibility: dis. …cand. legal Sciences: 12.00.08. – Krasnodar, 2021. – 221 pp.
7. Ismagilov R. A. On the issue of criminal legal protection of the honor and dignity of the dead // In the collection: Rights and freedomsbody of man and citizen in the history of Russia. Materials of the All-Russian Scientific and Practical Conference. – 2017. – pp. 13-19.
8. Lutsenko S.I. Slander – a category of value judgments // State and law. 2019. – No. 7. – P. 173-178.
9. Naumov A.V., Kibalnik A.G. Crimes against the individual: textbook. – M.: Yurayt, 2022. – 118 p.
10. Radchenko K. N. Problems of law enforcement practice of bringing to criminal liability for libel // Bulletin of the Vladimir Legal Institute. – 2020. – No. 2 (55). – pp. 103-108.
LAW ENFORCEMENT AUTHORITIES
KASHIRGOV Astemir Khasanbievich
lecturer of Law Enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA, major of police
CULTURE OF PROFESSIONAL THINKING OF POLICE OFFICERS IN THE PROCESS OF PROFESSIONAL DEVELOPMENT
Modern society is quite unstable in political, socio-economic, informational and technological terms. There are both positive and negative changes that affect the general social mood and behavior of citizens. People’s actions are often unpredictable, not always predictable, and require deep reflection to ensure their effective legal regulation by law enforcement officials. New types of crimes are emerging, planned and implemented using digital technologies and artificial intelligence. Accordingly, their investigation and suppression requires not only deep legal knowledge, but also new approaches, analytical skills, and high cognitive activity of police officers.
Keywords: law enforcement agencies, crimes, heuristic teaching methods, self-correction, self-reflection, informal and informational training.
Bibliographic list of articles
1. Shulepin M.V., Voronov V.V. Features of the functioning of additional professional education in the system of the Ministry of Internal Affairs of Russia according to surveys of students of training courses // Monitoring of law enforcement. – 2022. – No. 1 (42). – pp. 69-78.
2. Yarychev N. U. The phenomenon of “culture” from the perspective of the theory of values, activities, sign systems and essential human forces // Integration of methodological (scientific and methodological) work and systems for advanced training of personnel: Materials of the IX All-Russian scientific and practical conference. – Moscow: Education, 2008. – P. 34-38.
LAW ENFORCEMENT AUTHORITIES
ASLANOV Marat Amurovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, major of police
PROCEDURAL VIOLATIONS COMMITTED BY LAW ENFORCEMENT EMPLOYEES AND THEIR ASSESSMENT AT THE STAGE OF JUDICIAL INVESTIGATION IN THE PROCESS OF IDENTIFICATION
The research presented in the article is devoted to identifying violations in procedures during identification, as well as their assessment in the context of the information collected and presented as evidence. The author analyzes court documents covering the period from 2009 to 2022, in which identification records were used as an element of a criminal case governed by Article 193 of the Code of Criminal Procedure of the Russian Federation. The study examines materials from judicial practice.
Keywords: procedural violations, identification, evidence, Criminal Procedure Code, assessment at the stage of judicial investigation.
Attached bibliography
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 09.26.2023).
2. Appeal of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 11, 2019 in case No. 7-APU19-5SP. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.26.2023).
3. Appeal ruling of the Supreme Court of the Russian Federation dated January 24, 2020 in case No. 9-APU19-24. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 09/27/2023).
4. Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation in case No. 22-UD22-1-AZ. [Electronic resource]. – Access mode: www.consultant.ru/ (access: 09.27.2023).
5. Appeal ruling of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated August 27, 2019 in case No. 205-APU19-24. [Electronic resource]. – Access mode: www.consultant.ru/ (access: 09.27.2023).
6. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated September 16, 2020 in case No. 77-1773/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
7. Cassation ruling of the Seventh CourtCourt of Appeal of General Jurisdiction dated 04/21/2020 in case No. 77-319/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
8. Appeal ruling of the Fifth Court of Appeal of General Jurisdiction dated May 17, 2021 No. 55-159/2021. www.consultant.ru/(access: 09.26.2023).
9. Cassation ruling of the Fifth Court of Cassation of General Jurisdiction dated 09/04/2020 in case No. 77-602/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
10. Appeal resolution of the Tobolsk City Court of the Tyumen Region dated 02/07/2018 in case No. 10-2/2018. [Electronic resource]. – Access mode: sudact.ru/ (date of access: 09.27.2023).
11. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023).
12. Ruling of the Sixth Court of Cassation of General Jurisdiction dated September 22, 2020 in case No. 77-2006/2020. [Electronic resource]. – Access mode: www.consultant.ru/ (date of access: 09.27.2023).
13. Kuleshov R.V. Myasnikov A.P. Presentation for identification during the investigation of various categories of crimes in the field of extremist and terrorist activities // Economic and legal sciences. – 2021. – No. 4.
MEDICAL AND LAW
PROKHORKO Tatyana Nikolevna
Ph.D. in Law, associate professor of Private law sub-faculty of the Perm Institute of the FPS of Russia, associate professor of Civil and business law sub-faculty of the National Research University “Higher School of Economics” in Perm
MEDICAL LAW AND BIOETHICS: INTERCONNECTION AND INTERDEPENDENCE
The relevance of the research topic is determined today by the significant technical development of society and its spread to the field of medicine. The need to understand the limits of the possible spread of high technologies in this sphere of society’s life activity requires individual, different from the existing, legal regulation. At the same time, the law in this area is itself in the formative stage. The need to find a fulcrum of legal regulation contributes to the active involvement of existing conceptual ideas and foundations in this process. The law is not always able to resolve all issues arising in connection with the implementation of medical activities. This contributes to the formation of bioethics as a conceptual knowledge that can fill in the gaps that have not yet been settled by law.
Keywords: medical law, bioethics, source of law, biotechnology.
Bibliographic list of articles
1. Voronina I. A., Savoshchikova E. V., Sablin D. A. Integration of biomedicine and bioethics into the legal space as the basis for the protection and protection of citizens’ rights to health and medical care // Constitutional and municipal law. – 2018. – No. 9. – P. 67 – 70.
2. Moiseev V.I. Bioethics – the science of bioethics // Difficult patient. – 2007. – No. 1. – Volume 5. – P. 55.
3. Momotov V.V. Bioethics in the context of legislation and law enforcement (euthanasia) // Lex russica. – 2019. – No. 10. – P. 9-15. DOI: 10.17803/1729-5920.2019.155.10.009-015.
4. Mokhov A. A. Medical law as an independent branch of national law in Russia // Modern law. – 2003 – No. 1. – P. 45-48.
5. Mokhov A. A., Yavorsky A. N. Ethics of high technologies: problems of formation and development prospects // Lawyer. – 2020. – No. 12. – P. 2-8.
6. Potter, Van Rensselaer. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki.
7. Prokhorko T. N. Prospects for the development of medical law in the system of Russian law // Modern law. – 2023. – No. 8. – P. 16-22. – DOI 10.25799/NI.2023.12.57.003.
8. Sergeev Yu. D., Mokhov A. A. Bioethics – an unconventional source of medical law // Medical law. – 2007. – No. 2.
9. Siluyanova I.V. Bioethics in Russia: values and laws. – M.: Grant, 2001. – 192 p.
STATE AND LAW
MIRONOVA Oksana Alexandrovna
Head of State and civil law sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
COUNTERING ILLEGAL MIGRATION IS A STRATEGIC DIRECTION OF STATE POLICY
The article raises the question that the problem of illegal migration remains relevant throughout the world and threatens the development of society and state security. The article analyzes the legislation of individual states regulating the issues of countering illegal migration. Mechanisms similar to Russia are being determined. The author concludes that in order to resolve the situation related to illegal migration in Russia, it is necessary to tighten the current legislation.
Keywords: state, migration, illegal migration, labor migration, crime, foreign legislation.
Prisbibliographic list
1. Speech by the Minister of Internal Affairs of the Russian Federation, General of Police of the Russian Federation Vladimir Kolokoltsev, at an extended meeting of the board of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/document/36732316.
2. Crime among migrants in Russia has increased by ten percent over the year. [Electronic resource]. – Access mode: https://ria.ru/20230124/migranty-1847143553.html.
3. Summary of key performance indicators on the migration situation in the Russian Federation for January – November 2022. [Electronic resource]. – Access mode: https://mvd.rf/dejatelnost/statistics/migracionnaya/item/34428645/
4. Deputy Chairman of the Security Council of the Russian Federation Dmitry Medvedev held a meeting “On the problems of implementing the migration policy of the Russian Federation and tasks to increase its effectiveness.” [Electronic resource]. – Access mode: http://www.scrf.gov.ru/news/allnews/3136/ (access date: 05/12/2023).
5. Kovalenko V.V. Countering illegal migration as a measure to prevent crime and victimization of migrants in Russia and foreign countries // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1. – P. 82.
6. Italian rescuers were prohibited from helping refugee ships. [Electronic resource]. –Access mode: https://ria.ru/ world/20180625/1523314670.html.
7. Illegal migration abroad. [Electronic resource]. – Access mode: https://petrovka-38.com/arkhiv/item/nelegalnaya-migratsiya-za-rubezhom.
8. Melnikova S.V. Foreign experience in legal regulation of combating illegal migration // Criminological Journal. – 2021. – No. 4. – P. 25.
9. The British authorities have figured out how to escape the influx of illegal immigrants. [Electronic resource]. – Access mode: https://news.ru/europe/vlasti-britanii-pridumali-kak-spastis-ot-naplyva-nelegalov/
10. Japan: legislation and migration policy. [Electronic resource]. – Access mode: https://rospersonal.ru/facts_about_countries/yaponiya/yaponiya_zakonodatel_stvo_i_migracionnaya_politika/
11. Kuznetsova N. O. Some aspects of labor migration in the Republic of Korea // Problems of Science. – 2016. – No. 3 (45). – P. 159.
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
GAYBADULLIN Fidus Fanirovich
magister student of the Ufa State Petroleum Technical University
FEDOSOVA Elizaveta Artemovna
bachelor student of the Ufa State Petroleum Technical University
REVIEW OF LEGISLATION REGULATING THE PROCEDURE FOR ISSUING PERSONAL PROTECTIVE EQUIPMENT
Legislation on the provision of personal protective equipment to employees has undergone serious changes since September 1, 2023. Therefore, employers have an urgent need to revise the procedure of liability at their enterprises. Transition to the new issuance procedure causes difficulties for many of them.
In the course of this work, a comparative analysis of the documents on the basis of which the selection of personal protective equipment should now be carried out.
The purpose of the article is a detailed review of the newly introduced legislative acts regulating the procedure for issuing personal protective equipment.
Keywords: occupational injuries, personal protective equipment, unified standard norms, standard industry norms
Bibliographic list of articles
1. Abdrakhmanova K. N., Shabanova V. V., Fedosov A. V. et al. Application of modeling the process of accident development and risk assessment to ensure the safe operation of oil and gas complex facilities // Safety of technogenic and natural systems. – 2020. – No. 2. – P. 2-13.
2. Fedosov A.V., Shabanova V.V. Features of a risk-oriented approach in the field of industrial safety // Mining information and analytical bulletin. – 2019. – No. S7. – pp. 206-215.
3. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in labor safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 395-396.
4. Bakhonina E. I., Nasibullina V. A., Tazhetdinova A. A., Yakhina E. N. Changes in labor protection legislation related to the procedure for assessing professional risk // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 387-388.
5. Fedosov A.V., Idrisova K.R., Nasibullina V.A., Konstantinova O.V. Review of changes in legislation establishing requirements fororganizations operating equipment under excess pressure // Eurasian Legal Journal. – 2021. – No. 7 (158). – pp. 454-456.
6. Bakhonina E. I., Nasibullina V. A. Review of changes in legislation establishing requirements for assessing professional risks at an enterprise // Safety of technogenic and natural systems. – 2022. – No. 2. – P. 31-35.
POLICY 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
TAZHETDINOVA Azaliya Azamatovna
magister student of the Ufa State Petroleum Technical University
GANIEV Alik Mascurovich
magister student of the Ufa State Petroleum Technical University
PROBLEMS OF LABOR PROTECTION LEGISLATION AND WAYS TO SOLVE THEM
The issues of legislation on labor protection are relevant, because despite the rights of citizens to safe work and guarantees of their implementation enshrined in the Constitution, as well as the reduction of accidents at hazardous production facilities of the oil and gas industry, the overall situation with the provision of safe working conditions remains insufficiently satisfactory.
The purpose of the article is to identify theoretical and practical problems of the legal organization of labor protection at the enterprises of the oil and gas industry.
Keywords: labor protection, Constitution, federal law, criminal liability, judicial practice.
Bibliographic list of articles
1. Fedosov A.V., Abdrakhmanov N.Kh., Badrtdinova I.I., Khamitova A.N., Muratova R.R. Risk management to ensure life safety // Life Safety. – 2021. – No. 10 (250). – pp. 28-35.
2. Abdrakhmanov N. Kh., Fedosov A. V., Khamitova A. N., Badrtdinova I. I., Matuzov G. L. Main aspects of assessing vibroacoustic factors // Safety of technogenic and natural systems. – 2021. -No. 3. – P. 13-22.
3. 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 occupational safety management system // Safety of technogenic and natural systems. – 2022. – No. 1. – P. 4-8.
4. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in occupational safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 395-396.
5. Fedosov A.V., Gafarova K.A., Kuzhaeva K.F. Analysis of key changes in labor legislation on labor protection in 2022 // Bulletin of a young scientist of USPTU. -2022. – No. 4 (20). – pp. 84-88.
POLICY AND LAW
ALLAHVERDIEVA Fatima Khanlar kyzy
postgraduate student of Political analysis and social-psychological processes sub-faculty of the G. V. Plekhanov Russian Economic University
BOCHARNIKOV Igor Valentinovich
Ph.D. in pedagogical sciences, associate professor of Political analysis and social-psychological processes sub-faculty of the G. V. Plekhanov Russian Economic University
POLITICAL MECHANISMS OF INTERACTION BETWEEN NPOS AND GOVERNMENT BODIES AND CIVIL SOCIETY INSTITUTIONS
The article is devoted to the problem of developing mechanisms for interaction between non-profit organizations and executive bodies of state power, as well as with civil society institutions. An analysis of existing theoretical approaches to the analysis of mechanisms of interaction between non-profit organizations and executive bodies of government is presented; significant concepts within the framework of the development of this issue are identified.
Keywords: NGOs, civil society, authorities, Russia, society.
Bibliographic list of articles:
1. Yarovova T.V. Problems of educating youth in modern Russia // In the collection: Teacher of a new school and issues of educating the younger generation. Materials of the Pedagogical Forum. Edited by N. E. Shchurkova, M. I. Mukhin. – 2014. – pp. 89-94.
2. Economic and Social Council // United Nations. [Electronic resource]. – Access mode: https://www.un.org/ecosoc/ru/home (access date: 09.20.2023).
3. Rating of corporate and private charitable non-profit organizations in 2022. [Electronic resource]. – Access mode: https://raex-rr.com/pro/NKO/largest_NKO/corporate_private_nko/2022/methods/#:~: (date of access: 09.20.2023).
4. Perko M.V. State and non-statepublic sectors of the economy: forms and mechanisms of interaction in the provision of social services // Bulletin of ASTU. Series: Economics. – 2021. – No. 1.
5. Federal Law “On Charitable Activities and Volunteering (Volunteering)” dated August 11, 1995 No. 135-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_7495/ (date of access: 09.20.2023).
6. Russian society and the challenges of the time. Book five / [Gorshkov M.K. et al.] (2020); ed. M. K. Gorshkov, V. V. Petukhov. – Moscow: The whole world.
7. Arzhaev F.I., Mehdiev E.T. ESG standardization and its informal institutions // Risk Management. – 2022. – No. 4 (104). – pp. 30-36.
POLICY AND LAW
MATEVOSOVA Elena Konstantinovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF LAND EASEMENTS
The article examines current problems of the formation and implementation of Russian legal policy in the field of regulation of the development and application of various quantum technologies. The author of the article analyzes in detail certain provisions of the current Concept for regulating the quantum communications industry in the Russian Federation until 2030, justifying the strategic importance of this policy area for ensuring information security and strengthening the technological sovereignty of the state.
Keywords: quantum technologies, communications, quantum sovereignty, legal policy, information security, technological sovereignty.
Bibliographic list of articles
1. Zubarev S. M. Implementation of the National Technology Initiative: on the relationship between the concepts of “administrative barriers” and “legal barriers” // Administrative law and process. – 2018. – No. 10. – P. 4-9.
2. Andreev V.K. Organizational and legal forms of incorporating high technologies into industrial production // Lawyer. – 2023. – No. 9. – P. 35-40.
3. Talapina E. V. Human rights and digital sovereignty // State power and local self-government. – 2020. – No. 6. – P. 10-15.
4. Zharova A.K. Ensuring the information sovereignty of the Russian Federation // Lawyer. – 2021. – No. 11. – P. 28-33.
EDAGOGY AND LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
FEDOROV Arseniy Vadimovich
Ph.D. in pedagogical sciences, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
INTERACTIVE TEACHING METHODS IN THE STUDY OF OFFICIAL LAW
The solution to the problem of increasing the efficiency of public administration is conditioned by the need to provide high-quality professional training of state civil and municipal employees, including their mastery of the basic concepts of official law. The authors of the article draw attention to the fact that the greatest effect when studying the basic concepts of training courses related to service law is brought by the use of interactive teaching methods, such as role-playing, solving situational tasks, quests to consolidate the concepts studied, performing research and individual tasks within the framework of scientific research of individual teachers and organizations of higher education in general. The use of these methods in the educational process not only contributes to the activation of students’ mental activity, but also to the formation of professional qualities necessary for filling positions in the system of state civil and municipal service.
Keywords: interactive teaching methods, service law, state civil and municipal service, organizations of higher education.
Bibliographic list of articles
1. Andryukhina I. Yu., Pekhova L. L., Tikhomirova E. N. Competence assessment in the system of state civil and municipal service // Eurasian Legal Journal. 2022. No. 6 (169). pp. 129-130.
2. Safonova L. Yu. Methods of interactive learning: Methods of interactive learning. [Electronic resource]. – Access mode: filialpskovgu.ru
3. Active forms and methods of teaching in higher education. Contextual approach in higher education. [Electronic resource]. – Access mode: studfile.net
4. Bokarev Yu. P. The first pension systems of the Russian Empire //Bulletin of SUSU. Series “Social Sciences and Humanities”. 2018. T. 18. No. 4. P. 15.
5. A set of test questions for compliance with basic qualification requirements for civil servants 2023. [Electronic resource]. – Access mode: https://gos-sluzhba.ru/
EDAGOGY AND LAW
BUI Thi Lu
master of the Hanoi Open University
SOLUTIONS TO INCREASE THE EFFICIENCY OF MANAGEMENT OF CURRENT ONLINE TEACHING ACTIVITIES IN VIETNAMESE UNIVERSITIES
With outstanding advantages, online teaching has become an inevitable trend in the digital era and an important solution chosen by many universities to improve training quality and development scale of the universities.
The article analyzed the context and requirements for online teaching activities at universities, overall assessed the status of management of online teaching activities at Vietnamese universities. On that basis, the author proposes some solutions to improve the effectiveness of the management of online teaching activities at Vietnamese universities in the current context.
Keywords: solution, online learning, Vietnam, digital transformation, development, university, science, management.
Bibliographic list of articles
1. Government (2010). A scheme to quickly transform Vietnam into a strong country in the field of information and communications.
2. Government (2005). Higher education reform program for 2006-2020
3. Nguyen Dung. (2018). Interactive learning based on a competency-based approach in B-learning for student teachers in the field of information technology. Doctoral dissertation. Hanoi University of Science and Technology.
4. Cuach Tuan Ngoc (2009). Application of information technology in the education sector for e-learning. Ministry of Education and Training of Vietnam.
5. Tran Thi Lan Thu (2019). Managing online learning in universities in Vietnam. Doctoral dissertation. Academy of Social Sciences. Vietnam Academy of Social Sciences.
6. UNESCO, 2002. Open and distance learning – trends, policy considerations and strategies. UNESCO Division of Higher Education, 2002
7. Uwasara, D., Heshan, I. (2010). E-learning in higher education in agriculture: a case study // Journal of Emerging Trends in Educational Research and Policy Studies (JETERAPS). Scholarlink Research Institute Journals (2). pp. 80-83.
8. Wilen T., Hunger D. (2008). Strategic management and business policy. Person International Edition. Eleventh edition, USA.
EDAGOGY AND LAW
VERKHOZINA Olga Alexandrovna
Ph.D. in psychological sciences, associate professor of Social and humanitarian disciplines sub-faculty of the Russian Biotechnological University
MAKAROVA Tatyana Yurjevna
Ph.D. in psychological sciences, Director of the Institute of Biotechnology and Global Health of the Russian Biotechnological University
THE ROLE OF A UNIVERSITY TEACHER IN CREATING CONDITIONS FOR EDUCATION AND UPBRINGING, THE REALIZATION OF THE RIGHT OF STUDENTS WITH DISABILITIES AND DISABILITIES TO AFFORDABLE, HIGH-QUALITY EDUCATION IN HIGHER EDUCATION INSTITUTIONS
The article was prepared within the framework of the State assignment for the provision of public services (performance of works) according to the FSMF-2023-0008 project “Formation of motivation among students with disabilities and disabilities to master the profession of” technologist” in the higher education system”. The article deals with the problems of realizing the right of students with disabilities and disabilities to affordable and high-quality education in higher education institutions. One of the conditions contributing to the adaptation, professional socialization of students with disabilities and disabilities is the readiness of the teaching staff to study, educate this category of students, taking into account their nosological, age and individual characteristics.
Keywords: students with disabilities and disabilities in educational institutions of higher education, realization of the right of students with disabilities and disabilities to quality higher education, teacher readiness to work with students with disabilities and disabilities.
Bibliographic list of articles
1. Gluzman Yu. V. Theory and practice of inclusive education at universities: domestic and foreign experience. – Simferopol: IT “ARIAL”, 2019. – 244 p.
2. Organization of an accessible educational environment for students with disabilities at the university. Textbook for students and teachers of higher education institutions. – M.: Federal State Budgetary Educational Institution of Higher Education MGPPU, 2022. – 113 p.
EDAGOGY AND LAW
JAVADYAN Yuriy Rachikovich
lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE CONCEPT OF PERSONALITY-DEVELOPING EDUCATION IN THE DEVELOPMENT OF VALUE-SEMANTIC ORIENTATIONS OF CADETS OF THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article proposes to consider issues related to the development of spiritual and moral orientations of students in the educational organization of the Ministry of Internal Affairs of Russia, the creation of pedagogical conditions of value-semantic orientation in the training of cadets, the role of moral education of personality in the learning process, its influence on the formation of personality, which is due to the personal qualities of the teacher, the concept of personality-developing education in the training of cadets, the content and purpose of personality- education developing as a comprehensive development of personality is considered, including the development of spiritual and moral orientations of students.
Keywords: training, educational process, values, value-semantic orientation, pedagogical conditions, spiritual and moral guidelines, the concept of personal development education.
Bibliographic list of articles
1. Alekseev N. A. Personality-oriented learning: questions of theory and practice. – Tyumen, 1997. – 216 p.
2. Andreev V.I. Dialectics of education and self-education of a creative personality. – Kazan: KSU Publishing House, 1988. – 238 p.
3. Bozhovich L. I., Konnikova T. E. Moral formation of a schoolchild’s personality in a team – M., 2000. – 312 p.
4. Vygotsky L. S. Educational psychology / Ed. V.V. Davydova. – M.: AST-Astrel – Guardian, 2008. – 671 p.
5. Zeer E.F. Psychology of vocational education: a textbook for students. higher textbook establishments. – M.: Publishing Center “Academy”, 2008. – 375 p.
6. Kraevsky V.V. Problems of scientific substantiation of training: methodological analysis. – M:. Pedagogy, 1977. – 125 pp.
7. Menchinskaya N. A. Problems of education, training and mental development of a child. – M.: MPSI, Voronezh: Modek, 2004. – 512 p.
8. Tsvyk V. A., Tsvyk I. V. et al. Scientific and technological progress and the ethical paradigm of the XXI century. – M., 2018.
9. Rubinstein S. L. Problems of general psychology. – M., 1973. – 424 p.
10. Serikov V.V. Towards the creation of a theory of personal development education: the search for methodological foundations / In the book. “Pedagogical science and its methodology in the context of modern times” // Ed. V.V. Kraevsky, V.M. Polonsky. – M., 2001. – P. 109-115.
11. Shalin M.I. Organizational and pedagogical conditions for the development of competitiveness of a high school student’s personality // Theory and practice of education in the modern world: materials of the III International. scientific conf. (St. Petersburg, May 2013). – St. Petersburg: Renome, 2013. – pp. 47-49.
EDAGOGY AND LAW
GALIMOVA Elena Gennadjevna
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
DZYUBA Alexander Svyatoslavovich
Ph.D. in pedagogical sciences, associate professor, professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
RUDENKO Evgeniy Fedorovich
senior lecturer of Fire training sub-faculty of the St. Petersburg University of the MIA of Russia
INTRODUCTION OF RUGBY INTO THE PROCESS OF PHYSICAL EDUCATION OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA AS A MASS SPORT
The article gives a retrospective look at rugby, reveals the specifics of rugby as a sport, the nature and intensity of the necessary physical activity for those involved, actualizes the applied significance of the formed motor actions for law enforcement officers. The special importance of holding mass sports events at the sites of educational organizations at various levels is noted, which, of course, according to the authors, contributes to the promotion of a healthy lifestyle, a value attitude to one’s own health, increased motor activity , psychological unloading of young people, switching attention from deviant behavior. The prospect of introducing rugby as a mass sports event in order to increase the sports employment of cadets of educational organizations of the Ministry of Internal Affairs of Russia is evaluated. The effectiveness of the introduction of the rugby sports game into the pedagogical system of the educational process of physical training and the possible organizational and methodological problems and risks associated with this introduction are analyzed.
Keywords: Rugby, sports, healthy lifestyle, mass sports events, physical training, cadets of educational organizations of the Ministry of Internal Affairs of Russia.
Bibliographic list of articles
1. Burov A. E., Lakeikina I. A., Begmetova M. Kh., Nebratenko S. V. Physical culture and sports in modern professions: Textbook. Saratov: University Education, 2022. 296 pp.
2. Silkin N. N., Naumov I. P., Lapkin V. I. Development of the sport of rugby in law enforcement agencies // Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies: materials of the XVIII International Scientific and Practical Conference : in 2 volumes, Irkutsk, June 16-17, 2016. Volume 1. Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. P. 255-259.
3. Sobornov A.V., Budakov A.N. Improving special physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia using the game of rugby // In the collection: Physical culture and sports in the structure of professional education: retrospective, reality and future. Proceedings of the regional conference. 2019. pp. 199-203.
4. Tabarin V.N., Silaev M.E., Zharikov N.N. Formation of military-applied skills among military personnel with the help of playing rugby // in the collection: modern trends in the development of the theory and methodology of physical culture, sports and tourism. materials of the IV All-Russian scientific and practical conference with international participation. Ministry of Sports of the Russian Federation; Federal State Budgetary Educational Institution of Higher Education “Moscow State Academy of Physical Culture” Russian Biathlon Union. 2020. pp. 286-292
5. Egorov V. Yu., Gorovenko E. S., Shaidullov A. R. [etc.]. Rugby in sports and pedagogical improvement of the military institute of physical culture: Textbook. St. Petersburg: Military Institute of Physical Culture, 2022. 84 p.
6. Egorov V. Yu., Shaidullov A. R., Niyazov V. V., Mitryushin A. S. Training of rugby players in a military educational institution of the Ministry of Defense of the Russian Federation // Current problems of physical and special training of power structures. 2021. No. 4. P. 133-137.
7. Nalobina A. N., Khokhlov S. B. Prevention of injuries in professional rugby players // Olympic sport and sport for all: materials of the XXV International Scientific Congress: at 2 o’clock, Minsk, October 15-17, 2020. Volume Part 1. Minsk: Educational Institution “Belarusian State University of Physical Culture”, 2020. P. 405.
8. Pogrebnoy A.I., Komlev I.O. Modern world trends in sports training in rugby (review of foreign literature) // Physical culture, sport – science and practice. 2019. No. 3. P. 84-91.
9. Galimova A. G., Sakhiulin A. A. Possibilities for increasing the physical fitness of cadets and students of a law enforcement university based on maximum power exercises // Bulletin of the Buryat State University. 2014. pp. 49-52.
10. Galimova A. G., Tsinker V. M., Sakhiulin A. A. Genesis and development of professional physical culture // Bulletin of the Buryat State University. 2014. No. 13. P. 44-48.
11. Pylev A. S. Organization of the process of training young rugby players in a secondary school: abstract of thesis. … candidate of pedagogical sciences: 13.00.04; [Place of protection: Moscow. state acad. physical culture]. Malakhovka, 2007. 26 p.
12. Galimova A. G., Struganov S. M. Theoretical foundations of adaptation to physical activity of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: textbook. allowance Irkutsk: FGKOU VO VSI Ministry of Internal Affairs of Russia, 2019. 156 p.
13. Kuptsova V. G., Bobrova G. V., Pavlov S. P. The influence of mass sports events on the attitude towards physical activity of university teachers // Scientific notes of the University. P.F. Lesgafta. 2022. P. 175.
14. Pyrchev S.V., Mitin A.A. System of organizing sports events in the territorial bodies of the Ministry of Internal Affairs of Russia // Pedagogical technologies for the formation of professional competencies of police officers: Electronic collection of materials, Belgorod, March 29, 2019 / Belgorod Law Institute of the Ministry of Internal Affairs of Russia . Belgorod: Belgorod Law Institute of the Ministry of Internal Affairs of the Russian Federation named after. I. D. Putilina, 2019.
15. Korobov M. Yu., Musatov F. V., Shiyanov G. P. Current problems of scientific and methodological support for rugby-7 // Abstracts of the XXXVIII scientific conference of students and young scientists of universities of the Southern Federal District, Krasnodar, December 01, 2010 – 31 2011. Volume 1. Krasnodar: Federal State Budgetary Educational Institution of Higher Education “Kuban State University of Physical Culture, Sports and Tourism”, 2010. P. 84-85.
EDAGOGY AND LAW
KUGNO Eduard Eduardovich
Ph.D. in pedagogical sciences, associate professor, Director of the Irkutsk branch of the Russian University of Sports “GTSOLIFK”, associate professor of Physical culture and sports sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
KARIMOV Albert Amirovich
Ph.D. in pedagogical sciences, associate professor, Head of Tactical and special training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GOVORUN Alexander Yurjevich
lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
DRUZHININ Andrey Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of physical training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
BARKALOV Sergey Nikolaevich
Ph.D. in pedagogical sciences, associate professor, Head of Physical training and sports sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
THE INFLUENCE AND ROLE OF GYMNASTIC EXERCISES ON INCREASING THE PHYSICAL DEVELOPMENT AND PHYSICAL FITNESS OF CADETS AND STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article raises an urgent problem that is associated with the role of physical education, namely the determining role of gymnastic exercises in increasing the level of physical fitness and health of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia . The role of regular and systematic gymnastic exercises on the development of the body of future young employees is shown, as well as their influence on the development of their physical qualities, improving physical fitness, increasing the overall level of performance, strengthening the mental state, improving mood, preventing injuries and self-confidence. The introduction of complexes of gymnastic exercises into the teaching process of modern education will improve the professional competencies of students, strengthen not only their physical, but also their general health, which will subsequently have a positive impact on the overall level of health of the Nation .
Keywords: gymnastic exercises, cadets and students, physical qualities, general level of health, performance, physical fitness, mental state, educational process.
Bibliographic list of articles
1. Barkalov S.N. Organizational and methodological features of conducting classes in applied gymnastics with cadets of educational organizations of the Ministry of Internal Affairs of Russia // Science-2020. – 2020. – No. 1(37). – pp. 6-12.
2. Vilensky M. Ya. Personal development approach in the formation of physical culture of students // Physical education and children’s and youth sports. – 2017. – No. 1. – P. 41-47.
3. Koipysheva E. A., Lebedinsky V. Yu., Aldoshin A. V., Struganov S. M. The influence of health technologies on the physical fitness of female students of non-core universities // Theory and practice of physical culture. – 2021. – No. 7. – P. 64-66.
4. Tiguntsev S. A., Bomin V. A., Kugno E. E., Cherkashin A. V. On the issue of the formation of extracurricular forms of physical activity in universities // Physical culture and sport in higher educational institutions: current issues of theory and practices: Materials of the national scientific and practical conference (St. Petersburg, November 16-18, 2021). – St. Petersburg: St. Petersburg State Agrarian University, 2021. – pp. 600-603.
5. Litvinova O. P. The influence of recreational aerobics on the development of motor qualities of girls 18-20 years old // Pedagogy, psychology and medical and biological problems of physical education and sports. – 2009. – No. 10. – P. 118-121.
6. Struganov V. S., Kugno E. E., Bondar A. Ya. Adaptive physical culture as a means of social integration of persons with disabilities // Improving professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies: Materials of international scientific research -practical conference (Irkutsk, October 07, 2022). – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of Russia, 2022. – P. 439-441.
7. Struganov S. M. Improving the organizational and methodological approach to physical training in sports improvement groups // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (63). – pp. 96-103.
8. Struganov S. M., Grushko V. M., Glubokiy V. A. Increasing the positive attitude of young people to physical culture and sports as the basis for personal education (on the example of cadets of the East Siberian Institute of the Ministry of Internal Affairs of Russia) // Police activity. – 2020. – No. 4. – P. 9-17.
9. Struganov S. M., Sankov P. A., Glubokiy V. A. Organization of free time for students in modern society // Scientific notes of the University. P. F. Lesgaft. – 2019. – No. 10 (176). – pp. 344-349.
EDAGOGY AND LAW
KHROMOV Aslan Mukhametbievich
lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
TRAINING OF POLICE OFFICERS IN SELF-DEFENSE IN CASE OF AN ATTACK BY A CRIMINAL
The ability to resist criminals who encroach on the life and health of police officers is for the latter the most important indicator of professionalism and the key to the successful implementation of the functions assigned to them. In the course of training in self-defense skills, it is necessary to consider and try to regulate as many situations of aggression as possible that a police officer may encounter at home and in the line of duty. This work is devoted to the peculiarities of the selection of training tools and the nuances of tactical training.
Keywords: physical training, independent training of students of educational organizations, combat techniques, means and methods of training, methods of physical development
Bibliographic list of articles
1. Barkalov S. N. Current aspects of training police officers to suppress the actions of an offender with a firearm // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2018. – No. 1 (74).
2. Eremin R.V. Physical training as a factor that determines the quality of professional activity and personal development. // Science and practice. – 2014. – No. 2 (59).
3. Lazarevich M.V. Disarming an offender armed with a knife // In the collection: Current problems in the development of physical culture of students of educational organizations of the Ministry of Internal Affairs of Russia, collection of articles. – Orel, 2018.
4. Struganov S. M., Lapin D. A. Methods of adaptation of law enforcement officers to the stressful conditions of operational-service and service-combat activities during physical training classes // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. (48).
SOCIOLOGY AND LAW
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
BARBAKOV Grigoriy Olegovich
Ph.D. in Law, associate professor of the Tyumen Industrial University
IMPLEMENTATION OF SOCIO-CULTURAL RIGHTS OF RESIDENTS PROVINCIAL CITIES
The article raises an urgent problem of modern reality – the implementation of the sociocultural rights of residents of provincial cities, which will contribute to the consolidation of residents of provincial cities in their native land, small homeland. For this purpose, an online survey was conducted, which revealed the sociocultural sentiments of city residents, including those related to the activities of the Center of National Cultures. This will allow managers to accept me to increase the satisfaction of residents in the exercise of their rights in the sociocultural sphere.
Keywords: sociocultural rights, implementation of rights in the sociocultural sphere, provincial town, national culture, original culture.
Bibliographic list of articles
1. Decree of the President of the Russian Federation “On the Strategy of the State National Policy of the Russian Federation for the period until 2025.” [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902387360 (date of access: 09/30/2023).
2. Vorobyov E. M. Interethnic relations in the Tyumen region: dynamics and trends. – Tyumen: TyumGNGU, 2014. – 196 pp.
3. Khairullina N. G. Interethnic relations in a multi-ethnic Russian region: a sociological dimension // Bulletin of the Kazan State Technical University. A. N. Tupolev. – 2013. – No. 1. – P. 182-184.
4. Khairullina N. G. Free time: assessment and opinion of Tyumen residents // News of higher educational institutions. Sociology. Economy. Policy. – 2011. – No. 1. – P. 63-66.
5. Artyukhov A.V. Trends in the ethnocultural situation in the northern region // Knowledge. Understanding. Skill. – 2012. – No. 3. – P. 106-109.
6. Khairullina N. G., Salikhova A. R. Interethnic interactions and ethnic identity of the Tatars of the south of the Tyumen region: traditions and innovations. – Tyumen, 2003.
LANGUAGE AND LAW
MAKAYEVA Guzal Zaynagievna
Ph.D. in philosophical sciences, associate professor of Foreign languages sub-faculty of the Institute of Economics and Management of Kazan State University of Architecture and Engineering
MAKAYEV Khanif Fahretdinovich
Ph.D. in pedagogical sciences, associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
CHERKASOVA Tatyana Sergeevna
senior lecturer of Foreign languages sub-faculty of the Institute of Economics and Management of the Kazan State University of Architecture and Engineering
LEGAL ENGLISH IN THE PROCESS OF FOREIGN LANGUAGE TRAINING OF UNIVERSITY STUDENTS
The demand for specialists who speak English is currently relevant, particularly in the legal field. This is due to the rapid development of international economic, political and legal relations between countries. Despite recent events in the world related to the pandemic, the imposition of sanctions, which to some extent have suspended the processes of interaction and integration with foreign countries, the development of professional foreign language skills remains one of the priority goals of specialist training. Achieving this goal is facilitated by paying special attention to teaching legal English at the university. The paper examines the issue of high-quality translation of the legal language in order to avoid errors in the general system of international law. The necessity of studying of features of legal English are pointed out in terms of its origin, linguistic structure and punctuation. Research methods were observation, analysis, comparison. The results obtained can make a certain contribution to pedagogical science.
Keywords: legal language, student, translation, specialist, training, linguistic structure, method.
Bibliographic list of articles
1. Uskova T.V. History of the formation of English legal terminology // Bulletin of MSLU. Humanitarian sciences. – 2019. – Issue. 13 (829). – pp. 96-105.
2 Kuznetsova S. V., Geamma D. V. Some questions about teaching professionally – oriented English language // Innovative science. – 2015. No. 12. – R. 229-230.
3. Deryugina I. V. Peculiarities of studying legal English // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 11 (39). – pp. 16-18.
4. Kurchinskaya-Grasso N. O. Features and main characteristics of legal English // Litera. – 2020. – No. 12. – P. 177-182.
ECONOMY. RIGHT. SOCIETY
GANIN Pyotr Viktorovich
postgraduate student of NGBU “Center for Advanced Economic Research” of the Academy of Sciences of the Republic of Tatarstan
MAIN METHODOLOGICAL APPROACHES TO ASSESSING THE EFFICIENCY OF DIGITALISATION OF ENTERPRISES
The article systematizes the main methodological approaches to assessing the effectiveness of the digitalization process of modern companies. It is shown that the basic approaches of this kind are sociological, expert, economic-statistical and complex approaches to the study of the effectiveness of digitalization and the justification of the directions of its improvement. Within each of the approaches, the main methods of evaluating the effectiveness of the digitalization process of companies are highlighted. It is shown that the most correct is the use of synthesis of tools of economic-statistical and integrated approaches to the problem under consideration.
Keywords: digitalization, digital economy, digital management, expert assessment, sociological analysis, statistical methods, balanced scorecard.
Bibliographic list of articles
1. Gutsykova S. V. Method of expert assessments: theory and practice. – M.: From the Institute of Psychology of the Russian Academy of Sciences, 2011. – 244 p.
2. Demyanova O. V. Classical methods of strategic management – Kazan: TsPEI, 2009. – 142 p.
3. Kaplan R., Norton D. Strategic maps. – M.: Olympus-business, 2023. – 482 pp.
4. Harnish V. Rules for profitable startups. – M.: Mann, Ivanov and Ferber, 2022. – 346 pp.
5. Abrams R. Entrepreneurship: A Real-World Approach. – Redwood City: Planning Shop, 2022. – 286 p.
6. Boyer R. The Variety and Unequal Performance of Really Existing Markets: Farewell to Doctor Pangloss // Contemporary Capitalism: The Embeddedness of Institutions / J. R. Hollingsworth, R. Boyer (eds.). – Cambridge: Cambridge University Press, 1999. – P. 62-65.
ECONOMY. RIGHT. SOCIETY
GUSMANOV Rasul Uzbekovich
Ph.D. in economical sciences, professor, professor of Economics and management sub-faculty of the Bashkir State Agrarian University
GRIDNEVA Olga Vyacheslavovna
Ph.D. in Law, associate professor, associate professor of Organization of financial, economic, material and technical provision sub-faculty of the Academy of Management of the MIA of Russia
SUBKHANGULOV Rustem Raisovich
Ph.D. in economical sciences, associate professor, Head of Management in internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
HUMAN CAPITAL AS A CONDITION FOR THE FORMATION OF AN INNOVATIVE ECONOMY
The article examines one of the factors of production – labor resources. The factors influencing the conditions of extensive and intensive production are analyzed, the main of which are the level of labor productivity and wages paid to the employee. A special place in the article is given to economic growth, which can be increased by increasing investments in people and creating the scientific potential of the state to investments attract into the country’s economy and locate production facilities.
Keywords: labor, innovation, innovative potential, employer, scientific potential.
Bibliographic list of articles
1. GDP per capita and productivity: Organization for Economic Co-operation and Development website. [Electronic resource]. – Access mode: http://stats.oecd.org/index.aspx?DatasetCode=PDB_LV (access date: 09/19/2023).
2. Established gross minimum monthly wage, in US dollars: website of the International Labor Organization. [Electronic resource]. – Access mode: https://ilostat.ilo.org/topics/wages/ (accessed September 19, 2023).
3. Subkhangulov R. R. The influence of financial resources on the innovative activity of organizations // Financial markets and banks. – 2021. – No. 12. – P. 45-48.
ECONOMY. RIGHT. SOCIETY
DATSENKO Sergey Vitaljevich
associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RISKS FEATURES IN THE OIL AND GAS ENTERPRISE’S PROCUREMENT ACTIVITIES
The article systematizes the risks that arise at individual stages of the procurement process, taking into account the specifics of an oil and gas enterprise. An analysis of risk management aspects showed the high importance of constant monitoring of market prices and a more in-depth study of the supply structure, especially in the context of tightening sanctions.
Keywords: stages of procurement, procurement process risks, oil and gas enterprises.
Bibliographic list of articles
1. Kyarimova T. Transport and logistics features of the supply process at oil and gas enterprises. Neftegaz.RU. – 2014. – No. 3-4. [Electronic resource]. – Access mode: https://magazine.neftegaz.ru/articles/aktualno/656545-transportno-logisticheskie-osobennosti-protsessa-postavki-na-neftegazovykh-predpriyatiyakh/ (date of access: 02/03/2023).
2. Datsenko S.V., Khanin V.A. Point assessment as a tool for controlling procurement efficiency // Neftegaz Territory. – 2022. – No. 9-10. – pp. 20-23. [Electronic resource]. – Access mode: https://neftegas.info/tng/-9-10-2022/ballnaya-otsenka-kak-instrument-kontrollinga-effektivnosti-zakupki/?sphrase_id=59046 (date of access: 02/01/2023).
ECONOMY. RIGHT. SOCIETY
ZARIPOV Airat Yansurovich
Ph.D. in philosophical sciences, professor of Economic theory sub-faculty of the Ufa University of Science and Technology
LABOR MOBILITY OF THE POPULATION AND WAYS TO OPTIMIZE IT
For the development of the economy, its fullness of personnel is extremely important. In the conditions of structural restructuring of the economy, as well as maintaining the pace of its development, the problem of shortage of personnel is solved by increasing the labor mobility of the population. There are state and regional programs and subprograms aimed at solving this problem. But there are a number of problems that are discussed in this article.
Keywords:economy, labor mobility, program, region, salary, market, labor.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: https://www.vedomosti.ru/management/articles/2023/04/19/971638-povisit-trudovuyu-mobilnost-rossiyan (date of access: 09/26/2023).
2. [Electronic resource]. – Access mode: https://www.vedomosti.ru/management/articles/2023/04/19/971638-povisit-trudovuyu-mobilnost-rossiyan (date of access: 09/26/2023).
3. [Electronic resource]. – Access mode: https://finexpertiza.ru/press-service/researches/2023/trud-migr-sniz/ (access date: 10/5/2023).
4. [Electronic resource]. – Access mode: https://gilsocmin.ru/ru/node/1837 (date of access: 09/16/2023).
5. Territorial body of the federal government serviceth statistics for the Republic of Bashkortostan. Press release dated 04/07/2023 No. 07-1-13/13.
ECONOMY. RIGHT. SOCIETY
PLESHIVTSEVA Anna Alexeevna
Ph.D. in economical sciences, associate professor of Organization and technology of service activities sub-faculty of the Institute of Tourism, Service and Creative Industries of the Southern Federal University, Rostov-on-Don
ZASHCHITINA Elena Konstantinovna
Ph.D. in economical sciences, associate professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, branch in Taganrog
ISSUES OF INTERPRETATION OF THE TERM “EDUCATIONAL SERVICES” IN RUSSIAN AND WORLD PRACTICE: ECONOMIC AND LEGAL APPROACH
The interpretation of approaches to defining the concept of “educational services” and the precise definition of their functions is not only in the field of view of educational institutions, but also of state socio-political and economic institutions. It is especially difficult to draw a line between the educational function of educational activities and the economic benefits of services regulated by the market. The purpose of this article is to study the interpretation of the term “educational services” from the perspective of their economic and legal nature. To achieve this goal, Russian and foreign examples and features are considered, and emphasis is placed on the need to develop certain types of educational services focused on self-realization, self-determination, improving the quality of education.
Keywords: educational services, global education services market, competitiveness, legal framework, innovative educational activities, world economy, export of educational services.
Bibliographic list of articles
1. General Agreement on Trade in Services (GATS). [Electronic resource]. – Access mode: http://www.rgwto.com/wto.asp?id=3668&doc_id =2111 (date of access: 07/10/2023).
2. Services, value added (current US$) / The World Bank. [Electronic resource]. – Access mode: https://data.worldbank.org/indicator/NV.SRV.TOTL.CD (access date: 07/10/2023).
3. The global higher education technology market is projected to grow from $85.43 billion in 2021 to $169.72 billion in 2028 at a CAGR of 10.3% in forecast period… / Fortune business Insights. [Electronic resource]. – Access mode: https://www.fortunebusinessinsights.com/higher-education-market-104503 (access date: 07/10/2023).
4. Global online education market (analytical review: history, trends, prospects, forecasts). [Electronic resource]. – Access mode: https://habr.com/ru/articles/675612/ (date of access: 07/10/2023).
5. Ageshkina N. A. Concept and main types of educational services. [Electronic resource]. – Access mode: http://www.finexg.ru/ponyatie-i-osnovnye-vidy-obrazovatelnyx-uslug/ (date of access: 07/10/2023).
6. Lipkina E. D. Competitiveness of universities in the modern market of educational services: monograph. – Omsk: Omsk State Pedagogical University, 2006. – 138 pp.
7. Zashchitina E. K. The influence of the internationalization of higher education on the increase in the country’s non-resource exports: dis. …cand. econ. Sci. – Rostov n/d., 2019. – 233 p.
8. Zaid Yaseen Saud Al-Dulaimi. Education, Educational Services and their Quality // Journal of Marketing Management. – June 2016. Vol. 4.No. 1. – Pp. 58-66.
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
AVDEEVA Larisa Alexeevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
IBATULLINA Diana Ildusovna
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
JUSTIFICATION OF SELECTION OF PRIORITY SECTIONS DURING PLANNING OVERHAUL OF MAIN GAS PIPELINES
The article discusses the methodology for justifying the selection of priority sections when planning major repairs of main gas pipelines. An integral indicator is proposed that takes into account both the actual technical condition of the gas pipeline section and a set of factors that influence the amount of economic damage from the accident. In contrast to existing approaches based on assessing the total technogenic risk for main gas pipeline sections and requiring the preparation and processing of a large amount of data, the proposed methodology allows you to quickly make decisionsin the ongoing planning of repair and preventative measures on main gas pipelines.
Keywords: planning, major repairs, main gas pipeline, assessment, technogenic risk, economic damage from an accident, factor, ranking.
Bibliographic list of articles
1. Recommendations for taking into account the influence of technical, technological, natural, climatic and other factors when predicting accident rates on the main gas pipelines of OAO Gazprom. – M.: OJSC “Gazprom”, 2007. – 118 p. / approved 03/27/2007.
2. Safety Guide “Methodology for assessing the risk of accidents at hazardous production facilities of main pipeline gas transport” (approved by Order of Rostekhnadzor dated December 26, 2018 No. 647). [Electronic resource]. – Access mode: http://docs.cntd.ru (date of access: 10/21/2023).
3.STO Gazprom 2–2.3–351–2009. Guidelines for conducting risk analysis for hazardous production facilities of gas transportation enterprises of OAO Gazprom. – M.: OJSC “Gazprom”, 2009. – 373 p.
4. R Gazprom 2-2.3-903-2014. Methodology for calculating risks based on dynamic assessment of the hazards of natural processes. – St. Petersburg: Gazprom Expo, 2016.
5. Vlasova L.V., Gamera Yu.V., Ovcharov S.V., Petrova Yu.Yu. Methodological approaches to assessing the risk of accidents on the linear part of main gas pipelines caused by hazardous natural processes // Scientific and technical collection “Vesti Gazovoy” Sciences”. – 2017. – No. 1 (29). – pp. 171-178.
6. Pakhomov S.V. Improving the business process of repairing technological equipment in the gas industry based on a system of performance assessment indicators: Dis. …cand. econ. Sciences: – M.: RUDN, 2022. – 153 p.
7. STO Gazprom 2-3.5-302-2009. Organizational standard “Planning major repairs of the linear part of main gas pipelines.” ). [Electronic resource]. – Access mode: https://www.sinref.ru/000_uchebniki/00491_gaz_2023-6/301_00_STO_gazprom_raznie/270.htm.
8. Avdeeva L. A., Solovyova I. A., Khaidarov I. R. Methodological aspects of planning methods for capital repairs of main gas pipelines // Eurasian Legal Journal. – 2019. – No. 9 (136). – pp. 371-373.
9. Avdeeva L. A., Solovyova I. A., Khaidarov I. R. Methodological approach to taking into account risks when planning major repairs of main gas pipelines // Eurasian Legal Journal. – 2019. – No. 6 (133). – pp. 405-407.
ECONOMY. RIGHT. SOCIETY
USTINOVA Oksana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
KOLTUNOVA Yuliya Ivanovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
PSYCHOLOGICAL ASPECTS OF ADVERTISING
Advertising is considered from the standpoint of psychology. It is shown that the psychological component of advertising technologies is focused on multifunctional integrated manipulation of personality to achieve socio-political, economic and other benefits. Examples of the psychological influence of advertising on consumer behavior are given.
Keywords: advertising, psychology, consumer behavior.
Bibliographic list of articles
1. Stupina V. E., Yakubenko E. N. Emotional impact of advertising on the consumer // Current problems of modern humanities: Materials of the VIII National Scientific and Practical Conference, Bryansk, December 20, 2021 – Bryansk: Bryansk State University named after Academician I G. Petrovsky, 2021. – pp. 59-62.
2. Tolkachev A. N. Creative ways of generating ideas in management // Business and design review. – 2016. – T. 1. – No. 3. – P. 8.
3. Kirilina T. Yu., Kirilina N. A. Economic and social aspects of the influence of advertising on the economy // Social and humanitarian technologies. – 2019. – No. 1 (9). – P. 3-9
4. Egoyan E. A., Chaava D. M., Politova R. V. The essence of the influence of advertising on consumer behavior in the service sector // Economy today: current state and development prospects (Vector-2020): Collection of materials of the All-Russian Scientific Conference of Young People researchers with international participation, dedicated to the Anniversary Year at the Federal State Budgetary Educational Institution of Higher Education “Russian State University named after. A.N. Kosygin”, Moscow, May 27, 2020. Volume Part 1. – Moscow: Russian State University named after A. N. Kosygin, 2020. – P. 203-206.
5. Volkova E. A., Tseluikina T. G. Social and psychological mechanisms of the impact of advertising on consumers // Trends in the development of science and education. – 2019. – No. 48-2. – P. 5-8.
6. Khairullina N. G. Personnel management at service and tourism enterprises: a textbook. – Tyumen: Tyumen State Oil and Gas University, 2013. – 280 pp.
7. Khairullina N. G. Personnel management at trading enterprises: training manual. – Tyumen: TyumGNGU, 2012. – 324 p.
8. Kuksenok V.V. Methods and tools of the psychological impact of advertising on audiotheory of adolescence // XIV Masherov readings: materials of the international scientific and practical conference of students, graduate students and young scientists, Vitebsk, October 21, 2020 – Vitebsk: Vitebsk State University. P. M. Masherova, 2020. – pp. 312-313.
9. Ishtuganov E. M. Psychological impact of social advertising // Trends in the development of science and education. – 2019. – No. 51-2. – pp. 16-19.
10. Lygina N. I., Pyanova N. V., Alexa E. A. Psychological impact of advertising on consumers // News of the St. Petersburg State Economic University. – 2020. – No. 3 (123). – pp. 117-120.
11. Kaira Yu. V., Mikhalev I. V., Putilina Yu. Yu. The influence of advertising on the formation of the worldview of student youth // News of Tula State University. Humanitarian sciences. – 2022. – No. 2. – P. 112-126.
ECONOMY. RIGHT. SOCIETY
KHAKIMOV Ruslan Miratovich
Ph.D. in technical sciences, associate professor of “Processes and Apparatuses of the Oil and Gas Industry” sub-faculty of the Institute of Technologies and Materials of the Ufa University of Science and Technology
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Industrial safety and industrial ecology sub-faculty of the Institute of Chemistry and Protection in Emergency Situations of the Ufa University of Science and Technology, associate professor of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Economics, Management and Business of the Ufa University of Science and Technology
THE GROWTH OF DIGITAL TRANSFORMATIONS OF TECHNICAL AND TECHNOLOGICAL SYSTEMS AND TECHNOSPHERE SECURITY
Digitalization of the management environment involves the transformation of technical and technological systems of industrial complexes, which in turn provides for the presence of a safety belt for the functioning of management systems. The relevance of the study is to identify the elements of technosphere security in the current dynamics of the development of management systems. The object of research is the technical and technological systems of the national economic system. The subject of the study is technosphere safety. The purpose of the study is to consider step–by-step digital transformations of technical and technological systems from the standpoint of technosphere security. It is argued that the digital transformation of technical and technological systems is an important property of the system that allows it to respond effectively to changes in the internal or external digital environment. The article presents the composition of technical and technological systems, classifies the sources of danger. The elements of assessing the state of potentially hazardous natural and man-made objects in the digital environment are presented.
Keywords: technosphere, biosphere, ecosphere, digital environment, digitalization, victimization.
Bibliographic list of articles
1. Colin K.K. Technosphere of the XXI century and humanitarian aspects of engineering education // Biospheric compatibility: people, region, technologies. – 2023. – No. 1 (41). – pp. 3-15. – DOI 10.21869/2311-1518-2023-41-1-3-15. – EDN FHZMID.
2. Chetverik N.P. Life cycle of technosphere objects based on innovative solutions // Science and Security. – 2013. – No. 4 (9). – pp. 57-91. – EDN THQWCD.
3. Kolycheva V. A. Digitalization of data on sales of Russian art objects: the problem of mismatch between supply and demand // Discussion. – 2022. – No. 1 (110). – pp. 40-50. – DOI 10.46320/2077-7639-2022-1-110-40-50. – EDN SGCIKV.
4. Bykov A. A. “Victimism” and “victimization” as the main definitions of victimology // Colloquium-Journal. – 2019. – No. 27-10(51). – pp. 62-63. – EDN OXADFH.
ECONOMY. RIGHT. SOCIETY
TUKAYEVA Flyuza Anvarovna
Ph.D. in economical sciences, associate professor of Management in department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
TAX SECURITY: PROBLEMS AND SOLUTIONS
The article examines the factors of tax security, shows the need to maintain a balance between the level of the tax burden and the security of the revenue side of the budget. The analysis of statistical data on revenues to the consolidated budget and tax crime in the Russian Federation for 2016-2022 is carried out. It was determined that the reduction of the tax burden, the use of various preferential tax systems had a positive impact on the tax security of the country, until 2020 there was a tendency to reduce tax crimes. The popositive aspects and problems of tax provision of the country are revealed, the main directions of further strengthening of tax security in modern conditions are presented.
Keywords: tax security, tax crime, tax system.
Bibliographic list of articles
1. Korostelkina I. A., Dedkova E. G. Taxes as a tool for ensuring the economic security of the territory // The Journal of Economic Research & Business Administration. – 2020. – No. 3 (133). – P. 116.
2. Shelkoplyasova Yu. V. Problems of taxation and tax crime in modern conditions // Education. The science. Production: Materials of the X International Youth Forum with international participation, Belgorod, October 01-15, 2018. – Belgorod: Belgorod State Technological University named after. V. G. Shukhova, 2018. – P. 2850-2854.
ECONOMY. RIGHT. SOCIETY
JI Hao
postgraduate student of the St. Petersburg State University of Aerospace Instrumentation
FINANCIAL RISK MANAGEMENT SYSTEM AT ICBC – INDUSTRIAL BANK OF CHINA
The article analyzes the variety of financial risks that play an important role in the activities of commercial banks, and examines in detail the typology of risks in terms of the level of probability of realization, the level of possible financial losses, from the perspective of foresight, in accordance with various sources of their occurrence, etc. The author is based on the statement that all risks must be considered in the context of the main task of any commercial bank, which is to make financial profit. An example is the activities of ICBC – Industrial Bank of China, one of the four largest state-owned commercial banks in the country. The author gives a detailed description of the main types of banking activities and focuses on the main financial risks of this particular organization.
Keywords: financial risks, commercial bank, ICBC, Industrial Bank of China, credit risks.
Bibliographic list of articles
1. Ellington M., Stamatogiannis M., Zheng Yawen A study of cross-industry return predictability in the Chinese stock market // International Review of Financial Analysis. – 2022. – Vol. 83. – P. 111-119.
2. Hao Liu, Weilun Huang Sustainable Financing and Financial Risk Management of Financial Institutions – Case Study on Chinese Banks // Sustainability. – 2022. – Vol. 14. – Iss. 9786. – P. 56-61.
3. Shen Wei Conceptualizing the regulatory thicket: China’s financial markets after the global financial crisis. – Abingdon, Oxon. – New York. – NY: Routledge, 2021. – P. 31-38.
4. Xu Jianguo Developments and Implications of Central Bank Digital Currency: The Case of China e-CNY // Asian Economic Policy Review. – 2022. – Vol. 17. – Iss. 2. – P. 235.
5. Zhang Hongzhi Regression function model in risk management of bank resource allocation // Applied Mathematics and Nonlinear Sciences. – 2021. – Vol. 7. – Iss. 1. – P. 661-668.
ECONOMY. RIGHT. SOCIETY
MIRZOEV Rustam Fuzuli ogly
postgraduate student of the Moscow State University of Humanities and Economics
THE ECONOMY OF THE RUSSIAN OIL AND GAS COMPLEX IN THE CONTEXT OF SANCTIONS PRESSURE FROM WESTERN COUNTRIES
The article discusses the main vectors of development of the Russian oil and gas complex in the conditions of sanctions pressure from Western countries. The relevance of the study lies in the need for a meaningful theoretical analysis and monitoring on a scientific basis of the state of the national economy under the sanctions pressure of Western countries. The object of the study is the national economy. The subject of the study is the oil and gas complex as a sector of the national economy. The purpose of the study is to consider the substantive aspects of the state of the economy of the Russian oil and gas complex in the conditions of sanctions pressure from Western countries. The article argues that special attention should be paid to the search for new sales markets, the construction of logistics and technological chains of export supplies of hydrocarbons. The relationship between the state and the oil and gas complex should be aimed at developing new production areas, increasing oil recovery, creating infrastructure for processing associated petroleum gas and reorienting the supply of raw materials to Asian markets.
Keywords: oil, gas, sanctions, national economy, energy resources.
Bibliographic list of articles
1. Kiselev V.I. Global energy and modern geopolitics // Discussion. – 2022. – No. 6 (115). – P. 18-28. – DOI 10.46320/2077-7639-2022-6-115-18-28. – EDN JZSBXP.
2. MAstepanov A. M. Problems of ensuring energy security in new geopolitical conditions // Energy Policy. – 2017. – No. 1. – P. 20-37. – EDN ZREKBR.
3. Koshkin R.P. Geopolitical situation and global security issues / Strategic priorities. – 2018. – No. 2 (18). – P. 12-24. – EDN XTYHSP.
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
THE PROBLEM OF THE METHOD AND DEVELOPMENT OF A MODEL FOR STUDYING THE HISTORY OF PHILOSOPHY
The article identifies the problem of understanding the history of philosophy and postulates the need to develop a theory that will allow us to construct a method for its reconstruction. The problem of the lack of a single model that explains philosophy as a whole is emphasized, and the need to group existing philosophical trends into thematic groups and models that explain them is pointed out. The problem of organizing various philosophical trends and corresponding models that explain them is postulated. In addition, the problem of progress in the history of philosophy and a discussion about the rational nature of philosophy and its history are considered.
Keywords: history of philosophy, reconstruction of history, historiosophy, problems of philosophy, understanding of history, progress in the history of philosophy.
Bibliographic list of articles
1. Windelbandt V. From Kant to Nietzsche: The history of new philosophy in its connection with general culture and individual sciences. – M.: KANON-press, Kuchkovo pole, 1998. – 496 p.
2. Vorokhobov A.V. Hermeneutic concept in the religious and philosophical thinking of Karl Barth // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – 2009. – Issue 7. – pp. 170-182.
3. Vorokhobov A.V. Philosophical and anthropological analysis of the essential structure of human existence in the works of Paul Tillich // Philosophy and Culture. – 2017. – No. 10. – P. 70-182.
4. Hartmann N. Old and new ontology // Historical and philosophical yearbook. – 1988. – pp. 320-324.
5. Hegel G.V.F. Lectures on the history of philosophy: Book 1. – St. Petersburg: Nauka, 1993. – 349 pp.
6. Dilthey V. Construction of the historical world in the sciences of the spirit. T. 3. – M.: Triquadrata, 2004. – 419 pp.
7. Kemper D. Goethe and the problem of individuality in postmodern culture. – M., 2009. – 84 p.
8. Heidegger M. Being and time / M. Heidegger; Per. with him. V.V. Bibikhina. Kharkov: “Folio”, 2003. – 503, [9] p.
9. Jaspers K. The meaning and purpose of history: collection / Transl. with him. and comp. M. I. Levina; entry Art. and comp. P. P. Gaidenko; comment V. N. Katasonova. 2nd ed. – M.: Republic, 1994. – 528 pp.
10. Oehler K. Die Geschichtlichkeit der Philosophie // Zeitschrift für philosophische Forschung. – No. 11. – 1957. – S. 504-526.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TOWARDS THE ISSUE OF DIGITALIZATION OF PERSONAL DATA
Personal information, the foundation of digital development, has been compared to the “new oil” and is used in various industries such as social media, retail, food service, transportation and healthcare. The issue of how to balance big data-driven development and strengthen the supervision of personal information protection in the global digitalization process has become a truly pressing issue of concern to the international community. Analysis of scientific sources, legal cases, typical international models for regulating the protection of personal information – all these are necessary measures to develop a country strategy, recommendations for balanced innovative development and the protection of personal information, and for the implementation of a balanced digital policy in the field of personal data.
Keywords: data protection, control of personal information, digital development, information and communication technologies, information policy, strategy for the protection and control of personal information in digital development, protection of personal information.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. Pandemic as a factor of VUCA reality // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 467-468.
2. Goffman A. A., Timoshchuk A. S. Technological skills of digitalth society // Transformation of the meanings of education in the conditions of digitalization of society. – Krasnodar, KubSU, 2020. – pp. 15-24.
3. Goffman A. A., Timoshchuk A. S. Education system in the era of digitalization: risks, challenges, competencies // Humanitarian knowledge and spiritual security. – Makhachkala: ChSPU, ALEF, 2020. – P. 124-129.
4. Timoshchuk A. S. Features of the socio-technical environment in a pandemic // Forms and methods of social work in various spheres of life. – Ulan-Ude: VSGUTU Publishing House, 2021. – P. 288-290.
5. Timoshchuk A. S., Trofimova N. N. Pandemic: the world on one side of the barricade // Bulletin of Ivanovo State University. – 2020. – No. 4. – P. 121-129.
6. Timoshchuk A. S. Technological skills in a digitalized society // Improving the professional skills of teaching workers in Russia. – Irkutsk: Irkut, 2019. – P. 16-23.
7. Timoshchuk A. S., Timoshchuk E. A., Tyagi R. Digitalization in a pandemic: ontology of complexity, opportunities, risks // University Lawyer. – 2021. – No. 9. – P. 12-19.
8. Timoshchuk A. S. Digital socio-technical system and sustainable development // Co-evolution of technology and society in the context of the digital era. – M.: MPEI Publishing House, 2020. – P. 270-272.
9. Timoshchuk A. S. Ethical and legal aspects of cybersecurity in a digital society // Artificial intelligence: ethical problems of the “digital society”. – Belgorod: BSTU, 2018. – pp. 165-179.
10. Timoshchuk A. S. Digital culture of the information society // Philosophy and culture of the information society. – St. Petersburg: GUAP, 2020. – pp. 187-189.
11. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. COVID-19 pandemic response: culture, technology and law going viral // Synergy of Sciences. – 2021. – No. 59. – P. 17-85.
12. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. Governance and legal protection in Russia during COVID-19 pandemic // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – Right. – 2021. – No. 3. – pp. 97–106.
13. Timosрchuk A. S., Tyagi R. Post-COVID-19 sustainability issues // Studia culturae. – 2021. – No. 3 (49). – P. 68-81.
PHILOSOPHY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of theUfa State Petroleum Technical University
GROGULENKO Anastasia Igorevna
student of the Ufa State Petroleum Technical University
ANTYUKHOVA Elizaveta Mikhailovna
student of the Ufa State Petroleum Technical University
BAYGELDIEVA Anaida Aslanovna
student of the Ufa State Petroleum Technical University
CORPORATE CULTURE AS A TOOL FOR UNIVERSITY DEVELOPMENT
The article considers corporate culture as an indispensable tool for improving the efficiency of the university, the orientation of all employees to achieve common goals and improve their personal and professional qualities, as well as effective interaction of all departments.
Keywords: corporate culture, educational institution, human capital, competitiveness, reputation.
Bibliographic list of articles
1. Kozlova Yu. B., Gabdulkhakova R. V., Bakhtigareev A. A. Social responsibility of business in the system of reputation management of an enterprise using the example of JSC “Polief” // Economics and management: scientific and practical journal. – 2023. – No. 2. – P. 35-42.
2. Dorozhkin Yu. N., Gareev E. S., Kozlova Yu. B., Kostyleva E. G., Suleymanova L. Sh. Theory and practice of public relations. – Ufa: USNTU, 2009. – Part 1. – 115 p.
3. Barakhnina V.B., Gabdulkhakova R.V., Gabbasov T.I. The role of a university website in attracting professionally oriented applicants to the educational process at a university in modern conditions // Mater. II scientific method. conf. – Ufa: USPTU Publishing House, 2013.
4. Gabdulkhakova R.V., Kozlova Yu.B., Grogulenko N.V. Media image: modern interpretations and approaches to study // Eurasian Legal Journal. – 2021. – No. 4 (155). – pp. 405-406.
5. Glagoleva A.V., Zemskaya Yu.N., Kuznetsova E.A. From the corporate culture of a university to the corporate culture of a global university using the example of RUDN // Bulletin of the Russian Peoples’ Friendship University. Series: Economics. – 2021. – T. 29. – No. 1. – P. 64-75.
6. Valitova N. E., Gabdrakhmanova L. N., Gareev E. S., Cheremiskin A. A., Yakupova G. A. Communication interaction of authorities with the media // Kazan Science. – 2020. – No. 12. – P. 38-40.
7. Nikiforov A. Yu., Semenova E. V. Life values of a modern student // Bulletin of the Bashkir University. – 2018. – T. 23. – No. 4. – P. 1301-1305.
8. Movsumzade E. M., Valitova N. E., Baulin O. A. et al. Facts that determine the main directions of the educational system and the stages of formation and development of technology // History and pedagogy of natural science. – 2022. – No. 2-3. – pp. 5-8.
PHILOSOPHY. RIGHT. SOCIETY
ZARIPOV Airat Yansurovich
Ph.D. in philosophical sciences, professor of Economic theory sub-faculty of the Ufa University of Science and Technology
PSYANCHIN Aybulat Valeevich
Ph.D. in geographical sciences, Head of the Department of Ethnology of the Institute of History, Language and Literature of the Ufa Federal Research Center of the Russian Academy of Sciences
MIGRANOVA Elsa Venerovna
Ph.D. in historical sciences, senior researcher of the Department of Ethnology of the Institute of History, Language and Literature of the Ufa Federal Research Center of the Russian Academy of Sciences
HISTORICAL SELF-AWARENESS AND COLLECTIVE MEMORY OF SOCIETY: THE ROLE AND IMPORTANCE OF MUSEUMS FOR THE YOUNGER GENERATION
The article discusses the role of museums in patriotic education and the formation of historical self-conciousness of young people. It is noted that museums, having emerged as a place for the storage of certain material values, have today significantly expanded their functions, becoming the most important institutions in the educational process of the younger generation and the formation of the historical consciousness of society.
Keywords: museum, younger generation, patriotism, history, historical memory, historical selfconsciousness.
Bibliographic list of articles
1. Markevich A. G., Zaripov N. A., Zaripov A. Ya. Humanities education as a factor in the development of modern society // Eurasian Legal Journal. – 2018. – No. 4 (119). – pp. 442-444.
2. Psyanchin A.V., Migranova E.V., Zaripov A.Ya. On the issue of ethnic and all-Russian identity in the Republics of Bashkortostan and Tatarstan // Oriental Studies. – 2021. – T.14. – No. 4. – P. 743-757. DOI: 10.22162/2619-0990-2021-56-4-743-757.
PHILOSOPHY. RIGHT. SOCIETY
NEKRASOV Dmitry Vladimirovich
adjunct of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
VASILJEVA Mariya Sergeevna
Ph.D. in psychological sciences, lecturer of Psychology sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
HUMANITARIAN INTERVENTIONS IN CONTEMPORARY GEOPOLITICAL PROCESSES
This article examines the current aspects of humanitarian interventions in contemporary geopolitical processes. The authors analyze key trends, challenges, and dilemmas related to the use of humanitarian interventions in the context of international conflicts, human rights violations, and global crises.
Keywords: humanitarian interventions, armed conflicts, war, humanitarian catastrophe, international law, crisis, geopolitics, politics, morality.
Bibliographic list of articles
1. Universal Declaration of Human Rights // Official website of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/doc uments/decl_conv/declarations/declhr.shtml. (Date of access: 11/06/2023).
2. Declaration on the inadmissibility of intervention and interference in the internal affairs of states // Official website of the United Nations. [Electronic resource] – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/internal_affairs_decl.shtml. (Date of access: 11/06/2023).
3. Kartashkin V. A. Human rights: international protection in the context of globalization. – M.: NORM: INFRA-M. – 2011. – 288 p.
4. Molodykh L.L. US policy towards Iraq: oil or ideological motives (1990-2011) // The Newman in Foreign policy. – 2017. – No. 36 (80). – pp. 54-72.
5. Nekrasov D.V. Violence and morality during humanitarian interventions: a study of ethical aspects // Collection of articles of the LIII International Scientific and Practical Conference Moscow: “Research and Publishing Center “Relevance.RF”. – 2023. – 324 p.
6. Rozhkova L.V., Kolodyazhnaya D.I. Humanitarian intervention in world politics // Bulletin of the Penza State University. – 2018. – No. 1 (21). – pp. 45-49.
7. UN Charter (full text) // Official website of the United Nations. [Electronic resource]. – Access mode: https://www.un.org/ru/about-us/un-charter/full-text. (Date of access: 11/06/2023).
PHILOSOPHY. RIGHT. SOCIETY
PUGIN Vladislav Borisovich
Ph.D. in philosophical sciences of Humanitarian sciences sub-faculty of the Northern State Medical University, Arkhangelsk
QUALITY OF LIFE: SOCIAL-PHILOSOPHICAL ANALYSIS (ON THE EXAMPLE OF THE RUSSIAN FEDERATION)
The article is devoted to the analysis of the category “quality of life” from the perspective of a social-philosophical approach. Various interpretations of this concept are considered, distinguishing between subjective and objective views. The author emphasizes the need for a comprehensive, systematic study of the quality of life, drawing on knowledge from various scientific disciplines. Special attention is paid to the problems faced by Russian society at the present stage of development – income inequality, the need to improve the well-being and living standards of the population.
Keywords: quality of life, social-philosophical approach, subjective and objective views, systematic analysis, problems of Russian society, social contract, management of social processes.
Bibliographic list of articles
1. Gorislavskaya N. M., Savchenko T. N. Approaches to the study of subjective quality of life // Applied legal psychology. – 2011. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/podhody-k-izucheniyu-subektivnogo-kachestva-zhizni (date of access: 02.11.2023).
2. Gorlov V.N. Increasing the standard of living of Soviet people as one of the most significant results of the development of Soviet society In the 1950-1960s. // History: facts and symbols. – 2021. – No. 2 (27). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/povyshenie-urovnya-zhizni-sovetskih-lyudey-kak-odin-iz-naibolee-suschestvennyh-rezultatov-razvitiya-sovetskogo-obschestva-v-1950 (date of access : 02.11.2023).
3. Zamaletdinova L. R. Quality of life: concept, structure, importance of theory in solving an environmental problem // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. Series: Social Sciences. – 2008. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kachestvo-zhizni-ponyatie-struktura-znachenie-teorii-v-reshenii-ekologicheskoy-problemy (date of access: 02.11.2023).
4. Zenkovsky V.V. History of Russian philosophy. – M., 2001.
5. Social philosophy: Reader. Part 1. / Comp. G. S. Arefieva, M. I. Ananyeva, A. S. Garbuzov. – M.: Higher. school, 1994. – 255 pp.
6. Tsyganov V.I. The idea of Russian autocracy in the works of K.N. Leontyev, K.P. Pobedonostsev, D.A. Khomyakova // Bulletin of UNN. – 2013. – No. 3-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ideya-russkogo-samoderzhaviya-v-trudah-k-n-leontieva-k-p-pobedonostseva-d-a-homyakova (date of access: 02.11.2023).
PHILOSOPHY. RIGHT. SOCIETY
RUNAEV Roman Yurjevich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
PHILOSOPHICAL UNDERSTANDING OF LIFE MEANINGS IN EXISTENTIALISM
The article offers a comparison of the concepts of “existentialism” and “essentialism” through the prism of the order of laying in the “threshold” of a person’s life meanings of understanding his “essence” and “existence”. If the proponents of essentialism are convinced that human life is determined from birth by a set of specific life meanings, then existentialists believe that the essential purpose of a person is laid in him much later, in the process of his existence and socialization, the cultivation of his defining human qualities, the projection of specific actions on others. At the same time, the question of the expediency of human destiny in the face of a meaningless or absurd world is clearly touched upon.
Keywords: philosophy, essence, essentialism, existence, existentialism, meaning of life.
Bibliographic list of articles
1. Aristotle. Metaphysics. In 14 books. – M.-L.: Sotsekgiz, 1934.
2. Losev A. F., Takho-Godi A. A. Platon. Aristotle. – M.: Young Guard, 1993.
3. Sartre J.-P. “Existentialism is humanism” (lecture) // Twilight of the Gods. – M.: Politizdat, 1989.
4. Camus A. Rebel Man. – M., Politizdat, 1990.
PHILOSOPHY. RIGHT. SOCIETY
SALIKHOV Gafur Gubaevich
Ph.D. in philosophy sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
DEVELOPMENT OF THE CULTURE OF PEOPLES FROM THE ARAL SEA TO THE URALS IN THE MIDDLE AGES
The article examines, from a philosophical standpoint, the issues of the adoption of Islam by the peoples of the Southern Urals, spiritual education, the influence of the Turkic-Persian world on the culture of the ethnic group. It is noted that the culture of the peoples who lived from the Aral to the Urals, from the Irtysh to the Volga, developed in the Middle Ages under the influence of the Persian world. Due to the insufficient studyof scientific problems, researchers have difficulties in presenting certain facts of the history and culture of the peoples of the Ural-Volga region. With few research materials, history and philosophy are replaced by myths and legends; myths give rise to myths, legends become overgrown with history.
Keywords: spirituality, culture, civilization, education, knowledge, faith, religion.
Bibliographic list of articles
1. The journey of Ahmed Ibn Fadlan to the Itil River and the official adoption of Islam in Bulgaria. – Kazan: Private Institution “Publishing House “Huzur” – “Calmness”, 2016. – 144 p.
2. Marjani Sh. B. Mustafadel-akhbar fi ahvali Kazan va Bolgar (Source on the history of Kazan and Bulgars, in Tat.). – Kazan, 1989. – 415 p.
PHILOSOPHY. RIGHT. SOCIETY
SEMENOV Ivan Alexandrovich
lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
CARITATIVE ACTIVITY OF THE CATHOLIC CONGREGATION “BROTHERS OF CHRISTIAN SCHOOLS”
Today, “free” primary education for schoolchildren in Russia and abroad is not non-sensational, but rather an everyday norm, but it has not always been so. The article analyzes the Christian education of the monastic Catholic congregation “Brothers of Christian Schools” (Lasallians) of the laity as an act of caritative activity. The author focuses on the canonical foundations of evangelization of the population adopted by the Lasallians, as well as certain aspects of the phenomenon of caritative activity as a collective complex of charitable practices of solidarity.
Keywords: caritative activity, Brothers of Christian schools, religious education, monastic order, Lasallians.
Bibliographic list of articles
1. Eroshev E. V. The image of the Council of Trent in modern Catholic polemics about the priesthood // Bulletin of the EDS. – 2022. – No. 37. – P. 76-90.
2. Jean-Baptiste de La Salle. The Duties of a Christian to God, and How to Do Them Well (1703). Reproduction of the publication. – Rome: Maison Saint Jean-Baptiste de La Salle, 1964. – P. 20.
3. Jean-Baptiste de La Salle. General Rules of the Brothers of the Christian Schools (1705). Reproduction of the publication. – Rome: Maison Saint Jean-Baptiste de La Salle, 1965. – P. 16.
4. Makulin A.V. Science and philosophy of modernity in captivity of the “Cellular power” of tables: models, metaphors, analogies // Society: philosophy, history, culture. – 2016. – No. 1. – P. 30-34.
5. Rigaud Georges. General History of the Institute of the Brothers of the Christian Schools. T. 1. – Paris: Plon, 1945. – P. 420-441.
6. Semenov I. A. Social impulse for the development of caritative activities in antiquity: Cicero’s paradigm // Social relations. – 2022. – No. 1 (40). – pp. 136-141.
7. Semenov I. A. The concept of E. Demolen’s pedagogy in the context of the reformist movement “New Education” // News of Saratov University. New episode. Series: Philosophy. Psychology. Pedagogy. – 2023. – T. 23. No. 1. – P. 116-120.
PHILOSOPHY. RIGHT. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of the Volga Region Russian State University of Justice, Nizhny Novgorod
SPIRIN Vasiliy Konstantinovich
master of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
TRETYAKOV Ilya Sergeevich
bachelor of Theology, master of Religious studies, lecturer of the Nizhny Novgorod Theological Seminary
CHRISTOLOGY AND PNEUMATOLOGY OF MATUSHKA PHOTINIA: TOWARD THE QUESTION OF THE RELIGIOUS IDENTITY OF THE CULT OF FROLOVA S. R.
This article continues a series of studies devoted to the Nizhny Novgorod cult in honor of the icon of the Mother of God “Resurrecting Russia”. In the previous material on the pages of the Eurasian Law Journal we dealt with the question of the mariology of the religious phenomenon being studied. In this paper we consider the Christology and pneumatology of Matushka Photinia (Frolova S. R.). In the light of the studied material, it became clear that Christ in the religious conception of the studied thinker is not at all equal to the Christian God the Son, but he is rather a reincarnated Light Deity generated by the Great Mother. Photinia separates Christ and Jesus like the ancient Judeo-Christian thinkers did. Jusus becomes “Christ” only after he has received the appropriate Spirit. Photinia’s “Christ” incarnates in different people over and over again and then he gathers all their souls into a united Spirit.
Keywords: Icon “Resurrecting Rus”, Abode of Light, Frolova S. R., Matushka Photinia, Great Mother, Adam Kadmon, Holy Spirit, John the Baptist, Wiccanism.
Article bibliographic list
1. Akathist to the Great Mother of God “Resurrecting Rus’”. With. Bolshaya Yelnya, 2021.
2. Lamond F. Naturpantheismus, Religion ohne Dogmen: Theologie, Ethik und Religionsvergleich. – Seggebruch: Alraunen-Verl., 2005. – P. 76.
3. Ramelli I. L. E. The Father in the Son, the Son in the Father in the Gospel of John: Sources and Reception of Dynamic Unity in Middle and Neoplatonism, ‘Pagan’and Christian // Journal of the Bible and its Reception. – 2020. – T. 7. No. 1. – P. 31-66.
4. Newspaper “Temple of Light” No. 15. – Text: electronic // [website]. – [Electronic resource]. – Access mode: https://hram-vr.narod.ru/GAZETA-15-sayt_1.pdf (date of access: 04.11.2023).
5. Zurvani M. et al. The Elementary Light: A Study of the Evolution of the Concept of Man in Jewish Mysticism //The Journal of Research in Humanities. – 2023. – T. 30. No. 2. – pp. 1-32.
6. Newspaper “Temple of Light” No. 17. – Text: electronic // [website]. – [Electronic resource]. – Access mode: https://hram-vr.narod.ru/GAZETA-17-sayt.pdf (date of access: 04.11.2023).
7. Newspaper “Temple of Light” No. 18. – Text: electronic // [website]. – [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-18.pdf (date of access: 04.11.2023).
8. Newspaper “Temple of Light” No. 21. – Text: electronic // [website]. – [Electronic resource]. – Access mode: https://hram-vr.narod.ru/GAZETA-21-SAYT-1.pdf (date of access: 04.11.2023).
9. Churton T. The Mysteries of John the Baptist: His Legacy in Gnosticism, Paganism, and Freemasonry. – Simon and Schuster, 2012.
10. Newspaper “Temple of Light” No. 16. – Text: electronic // [website]. – [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-16-sayt.pdf (date of access: 04.11.2023).
11. Crabtree S. A. The Mother, the Warrior, the Midwife and the Holy Whore: An Ethnographic Study of Women’s Faith, Sacralization and Embodiment // Feminist Theology. – 2023. – T. 32. No. 1. – pp. 40-59.
12. Van Oort J. The Holy Spirit as feminine: Early Christian testimonies and their interpretation // HTS: Theological Studies. – 2016. – T. 72. No. 1. – pp. 1-6.
PHILOSOPHY. RIGHT. SOCIETY
FILIPPOVA Elena Yurievna
lecturer of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
DIGITALIZATION OF SOCIETY AS A CULTURAL PHENOMENON OF SOCIAL PROGRESS
Over the past decades, humanity has been faced with radical changes at all levels, from politics to everyday life, and at the center of these changes is not only the new information and communication field, which radically changes the infrastructure of social life , but also the significant speed of technological change caused by the growing use of digital technologies in everyday life, which determines the content of social progress. Based on these factors, there is a need to study this complex issue, which today is at the center of public discussion, forming the object of research – society. The subject of the study is the digitalization of society within the framework of social progress. The purpose of the study is to consider the content of digitalization of society as a cultural phenomenon of social progress. The article argues that digitalization is an inevitable and natural process that cannot be abandoned; society must accept it as an integral part of the modern cultural space and an element of social progress within the framework of changes in human civilization and following these changes.
Keywords: society, philosophical understanding, philosophical polemics, cultural space, information space, digital environment.
Bibliographic list of articles
1. Marshall McLuhan: War and Peace in the Global Village. (NY: Bantam; reissued Corte Madera, CA: Gingko Press, 2001. ISBN 1584230746).
2. Abercrombie, N. & Longhurst, B. Dictionary of Media Studies. London: Penguin Books, 2007.
3. Solovyov A.I. Citizen in the streams of digitalization: collisions of politics and culture // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2022. – No. 67. – P. 216-230. – DOI 10.17223/1998863X/67/19. – EDN DSYQWA.
4. Zhulego V. G., Balyakin A. A., Nurbina M. V., Taranenko S. B. Digitalization of society: new challenges in the social sphere // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 9-2. – P. 36-43. – EDN BPUWEJ.
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
MECHANISMS OF FORMATION OF CONVENTIONS IN THE COLLECTIVE CONSCIOUSNESS
The article “Mechanisms of formation of conventions in the collective consciousness” explores the process of formation of conventions in the collective consciousness and the mechanisms that underlie this process. Collective consciousness is considered as a system in which individual ideas and opinions are combined and transformed into generally accepted norms and values. The article is a synthesis of existing research and theories about collective consciousness and its formation. The authors analyze various mechanisms that contribute to the formation of conventions in the collective consciousness such as social communication, socialization, education, mass media and political processes. The article also discusses the factors that influence the formation of conventions including cultural, social and historical aspects.
Keywords: convention, social norms, collective consciousness, symbol.
Bibliographic list of articles
1. Bourdieu P. Practical meaning / general. ed. lane and after. N. A. Shmatko. – St. Petersburg: Aletheia; M.: Institute of Experiment. sociology, 2001. – 562 pp.
2. Weber M. Science as a calling and profession // Selected works / Comp., total. ed. and after. Yu. N. Davydova; preface P. P. Gaidenko. – M.: Progress, 1990. – P. 707-735.
3. Levin S. M. Collective consciousness and moral responsibility // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2016. – No. 3 (35). – pp. 46-53.
4. Lukasheva E. A. Section IV. Law and human rights in the normative system of society // Problems of the general theory of law and state: textbook / Ed. V. S. Nersesyants. – M.: Norma, 2004. – 832 p.
5. Mill D.S. About freedom. – M.: Yurayt, 2023. – 128 p.
6. Mikhel D. Power, management, population: a possible archeology of social policy by Michel Foucault // Journal of Social Policy Research. – 2003. – T. 1, No. 1. – P. 91-106.
7. Pescherov G.I. Conventions in human society or the philosophy of stupidity // Medicine. Sociology. Philosophy. Applied research. – 2020. – No. 3. – P. 112-115.
8. Starovoitova O.I. The role of symbols in collective behavior // Current issues of social sciences: sociology, political science, philosophy, history. – 2015. – No. 2 (43). – pp. 50-59.
9. Chernyak N. A. The problem of ideologization of consciousness in the concept of Marx // Bulletin of Omsk University. – 2018. – T. 23, No. 3. – P. 125-129.
10. Taylor, S. Sources of the Self: The Making of the Modem Identity. – Cambridge, Mass.: Harvard University Press, 1989.
11. Weber M. (1990b) Science as a Vocation and Profession. Y. N. Davydov (ed.). Max Weber. Collected Writings. – M.: Progress. – Rr. 707-735.
PHILOSOPHY. RIGHT. SOCIETY
KIOSOV Andrey Andreevich
student of the Faculty of Law of St. Petersburg State University
VLADIK NERSESYANTS: DIALOGUES WITH SOCRATES
The article explores the influence of the ideas of the ancient Greek philosopher Socrates, exerted on the lawyer Vladik Sumbatovich Nersesyants in the process of creating the book “Socrates”. Analogies are made in the scientific methodology used by V. S. Nersesyants and Socrates, based on the method of maieutic. The portrait-individualizing method widely used in the article allows us to make a conclusion about the influence of Socrates’ ideas on the personality and views of V. S. Nersesyants (personal influence). The conclusion is made about the formation of some substantial concepts of the libertarian theory of law based on the ideas of Socrates. The article is dedicated to the 85th anniversary of the birth of V. S. Nersesyants in 2023.
Keywords: Socrates, Vladik Sumbatovich Nersesyants, libertarian theory of law, portrait-individualizing method, maieutic, separation of essence and phenomenon.
Bibliographic list of articles
1. History of political and legal doctrines. Textbook for universities / Under general. ed. V. S. Nersesyants. – M.: Publishing group “INFRA-M—NORMA”, 2000. – 736 pp.
2. Kechekyan S. F. Aristotle’s doctrine of state and law. – M.: Publishing House of the USSR Academy of Sciences, 1947. – 222 p.
3. Lapaeva V.V. Types of legal understanding: legal theory and practice. – M.: Russian Academy of Justice, 2012. – 580 p.
4. Nersesyants V. S. Socrates. – M.: Publishing House “Nauka”, 1980. – 152 p.
5. Nersesyants V. S. Socrates. – M.: Publishing house “Nauka”, 1977. – 152 p.
6. Lapaeva V.V. Vladik Sumbatovich Nersesyants. – Yerevan: Nzhar, 2009. – 208 p.
7. Lukovskaya D.I. Subject and methodology of the history of political and legal doctrines // News of higher educational institutions. Jurisprudence. – 2007. – No. 3 (272). – pp. 197-211.
8. Nersesyants V. S. Socrates. – M.: Publishing group “INFRA-M—NORMA”, 1996. – 312 pp.
9. Nersesyants V. S. Socrates. – M.: Publishing house “Nauka”, 1984. – 192 p.
10. KuznetsovA.V. The trial is underway. About the trials of the past: from antiquity to modern history. – M.: Eksmo, 2018. – 288 p.
11. Kiosov A. A. Problems of systematization in the light of the libertarian theory of law // Vox Juris. The voice is right. – 2022. – No. 2. – P. 210-213.
12. Nersesyants V. S. Philosophy of law: libertarian-legal concept // Questions of philosophy. – 2002. – No. 3. – P. 3-15.
13. Nersesyants V. S. Philosophy of Law: a textbook for universities. – M.: Norma, 1997. – 647 p.
PHILOSOPHY. RIGHT. SOCIETY
FARKHUTDINOV Linar Ilshatovich
Ph.D. in philosophical sciences, independent researcher
ON CONSISTENCY AND TRUTH OF SCIENTIFIC THEORIES REGARDING THE CRITICISM OF MARX’S THEORY OF VALUE
Regarding a particular criticism of Karl Marx’s theory of value, which presupposes a contradiction between the first and the third volume of the “Capital”, the article stresses that the presence of inconsistencies in a theory itself does not let any judgments concerning it material truth, and that certain inconsistencies and incompleteness are a norm for all widely accepted dominating scientific theories that deal with the description of the object of the real world. Arguments are given in support of the material truth of Karl Marx’s theory of value and it is pointed out that it is problematic that the proposed alternative does have the same.
Keywords: theory of value, truth and consistency, living and reified labor, Thomas Kuhn.
Bibliographic list of articles
1. Bocharov V. A., Markin V. I. Introduction to logic: textbook. – M.: ID FORUM: INFRA-M. 2008. – 560 pp.
2. Marx’s “Capital” a century and a half later: collective monograph / group of authors; edited by R. M. Nureyeva. – Moscow: KNORUS, 2019. – 402 p. – (Monograph)
3. Kuhn T. Structure of scientific revolutions. – M.: ed. AST, 2003. – 605 p.
4. Petukhov V. A. “Contradictions in Karl Marx’s “Capital” and possible ways to solve them” / Marx’s “Capital” a century and a half later: collective monograph / Team of authors; edited by R. M. Nureyeva. – Moscow: KNORUS, 2019. – pp. 130-144.
5. Gaspar V., Poplawski-Ribeiro M., Jiae-Yoo. Global debt is returning to its rising trend, Sept. 13, 2023. [Electronic resource]. – Access mode: https://www.imf.org/en/Blogs/Articles/2023/09/13/global-debt-is-returning-to-its-rising-trend (last access date: 12/04/2023)
6. Maito E. The tendency of the rate of profit to fall since the nineteenth century and a world rate of profit / World in crisis: a global analysis of Marx’s law of profitability. – Chicago, Illinois: Haymarket books, 2018. – Pp. 140-176.
7. Roberts M. A world rate of profit: a new approach. [Electronic resource]. – Access mode: https://thenextrecession.wordpress.com/2020/07/25/a-world-rate-of-profit-a-new-approach/ (last accessed: 12/04/2023)
8. Roberts M. Keynes, the profits equation and the Marxist multiplier. [Electronic resource]. – Access mode: https://thenextrecession.wordpress.com/2012/06/13/keynes-the-profits-equation-and-the-marxist-multiplier/ (last accessed: 12/04/2023)
9. Roberts M. The Great Recession: Profit Cycles, Economic Crisis. A Marxist View. 2009. [Electronic resource]. – Access mode: https://files.libcom.org/files/The%20Great%20Recession%20-%20Profit%20cycles,%20economic%20crisis.pdf (last access date: 12/04/2023)
10. Schmidt J., Gould, E., Bivens, J. America’s slow-motion wage crisis, Sept. 13, 2018. [Electronic resource]. – Access mode: https://www.epi.org/publication/americas-slow-motion-wage-crisis-four-decades-of-slow-and-unequal-growth-2/ (Last access date: 12/04/2023 ).
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
3,257 ВСЕГО, 10 СЕГОДНЯ