CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №12(187)2023
![12 номер журнала](/images/2023/540_12_187_2023.jpg)
PERSONA GRATA
R.Chattaev:
The state contract is a tool for effective management of state assets. Government procurement and business
Interview with Chattaev Azamat Ruslanovich, Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute of business career, Moscow, founder and head of the law firm «Chattaev Protection».
EURASIAN INTEGRATION
Khalipov S. V.
Russia’s customs tariff regulation in the Eurasian Economic Union
Kazakov N. A., Akhtyamova E. V.
Scientific research of the human genome within the framework of the Eurasian Economic Union
Khalipov S. V.
Theory and practice of sub-normative regulation of foreign trade in goods in the Eurasian Economic Union
INTERNATIONAL LAW
Nigmatullin R. V., Nazarzod B. R.
Consular Relations as a Factor in Ensuring Interstate Relations between the Russian Federation and the Republic of Tajikistan
Abdullayeva Kh. A., Abdullaeva I. A.
International standards of human and civil rights to information and their development in the legislation of various states
Lebedeva Ya. I.
National and European identity in the legal order of the European Union
Mukhametgareeva N. M., Yusupova Z. A.
Modern challenges of ensuring the mechanism of international legal protection of the ozone layer
Tulupova E. O., Demidova T. K.
Международное право: сложности применения на современном этапе
Baturina E. V.
International legal and institutional foundations of the concept of forming a common space security at the regional level
Bolotova A. B.
Anti-foreign sanctions law of the PRC in the context of US unilateral economic sanctions
Gu Wensho
Resolution of denunciation disputes in international treaties
Veretelnikova P. P., Ershova A. A., Kotik A. O., Maslov P. N., Yarosh D. R.
Transformation of political traditions
Gomenyuk V. A., Kirilyuk A. V., Kholod E. E., Burnos A. V., Nesina A. M.
The evolution of public diplomacy: a historical overview and modern perspectives
Ershova A. A., Maslov P. N., Kotik A. O., Yarosh D. R., Veretelnikova P. P.
China’s rising economic power and its impact on the international order
Zhurman Yu. V., Cheremisina K. M., Puchkin D. K., Yudina D. V., Kalyuzhnaya P. L.
The impact of the dynamics of the Chinese yuan exchange rate on international trade
Kirilyuk A. V., Burnos A. V., Kholod E. E., Gomenyuk V. A., Nesina A. M.
Analysis of legal and insurance aspects of maritime cargo transportation
Kutsepalova V. S., Mastyukova I. I., Babicheva A. S., Vinogradova S. A., Pestretsov I. V.
Concepts and characteristics of public and local diplomacy
Mastyukova I. I., Babicheva A. S., Pestretsov I. V., Kutsepalova V. S., Vinogradova S. A.
Dynamics of interaction between international law and international relations: analysis of the dispute over the Dokdo/Takeshima
Skazin N. A., Brykova D. D., Karagodina E. S., Rymar B. N., Svistak A. V.
The Federal Reserve System and its institutional relations: an analysis of political independence and responsibility
Utva I. S., Ruban P. O.
“Virtual” States as an atypical subject of international law
Cheremisina K. M., Kalyuzhnaya P. L., Puchkin D. K., Yudina D. V., Zhurman Yu. V.
The process of adapting Russian labor laws to international standards
Pridantseva D. S.
The concept and regulatory regulation of consular assistance in Russian law
INTERNATIONAL PRIVATE LAW
Galeeva A. A., Demidova T. K., Vasiljev A. V.
Russia’s role in the economic and political development of Central Asia: trade, energy and security
Strugovets L. A.
Legislative Initiatives of the EAEU in the sphere of climate protection
Bikchenteeva S. R., Glinshchikova T. V., Romanenko A. A.
The theory of characteristic execution as the main criterion for determining the applicable law in modern Russian and foreign conflict of laws
Verkhoturova D. A., Medvedeva D. O., Vdovenkova O. V., Belousov N. A., Khlyupov I. V.
Transforming global governance: reform of the international economic system in the era of sustainable development
Kungurova A. A., Kazimov A. I., Goryachkina M. M., Turov S. E., Sofrina A. A.
Reform of the international monetary system: the role and prospects of special drawing rights (SDR)
Turov S. E., Kungurova A. A., Goryachkina M. M., Sofrina A. A., Kazimov A. I.
Legal aspects of international transport liability: analysis of The Hague, Hague-Visby, Hamburg and Rotterdam Rules
EUROPEAN LAW
Karagodina E. S., Skazin N. A., Brykova D. D., Svistak A. V., Rymar B. N.
Economic and Monetary Union in Europe: institutional transitions and political challenges
THEORY OF STATE AND LAW
Azarov V. V.
The problem of digital legislation in the information space of the Russian Federation
Protopopova T. V., Tarkova I. A.
Fame as a legal category
Prys I. E.
Fundamentals of professional and pedagogical activity in the process of teaching general theoretical legal disciplines in the context of departmental education
Romanovskaya L.R.
AI and human rights: problems of correlation
Samoylova Zh. V.
Digital services for participants in the electoral process as a guarantee of the realization of constitutional rights of citizens
Shichko A. R., Shichko A. R., Surkov A. N.
Signs and grounds for legal liability
He Zhendong, Ning Yanhong, Li Honghong
Mechanisms for legal protection of the rights and interests of Chinese migrants residing in Russia within the framework of the «One Belt and One Road» initiative
Yalovenko T. V.
The influence of modern media on the formation of a person’s worldview
Aksyutenkov V. O.
The idea of architectural symbolism as a reflection of statehood
Gomenyuk M. A., Klementjeva D. A., Skachkova M. A., Basenko D. V., Vetrova A. A.
Structural Transformations of Power in North Korea during the Kim Jong Un era: an analysis of the transition from ‘Military Policy’towards ‘party politics’
HISTORY OF STATE AND LAW
Egorov I. A.
International legal means of ensuring the foreign policy interests of medieval Pskov: historical conditions of origin and development
Ryabov S. I.
Noble land ownership on the Don: prerequisites and conditions of occurrence.
Tovsultanov R. A., Tovsultanova M. S., Galimova L. N.
Problems of independence of a number of regions of the post-soviet space
CONSTITUTIONAL LAW
Alieva Kh. T., Dibirov M. T.
Modern problems of legal regulation of media activities during the election period
Akhmedov S. M., Sarkarova D. S.
The constitutional and legal status of the Prosecutor’s Office after the adoption of amendments to the 2020 Constitution
Iljina O. Yu.
Ensuring social partnership with indigenous peoples of the North as a constitutional responsibility of the state when making decisions in the field of protection and rational use of natural resources
ADMINISTRATIVE LAW
Andryushchenko T. I., Mikhailov M. Ya
Administrative supervision of persons released from prison as one of the measures of social and legal control
Dibirov Yu. S.
The concept and classification of the norms of the legislation of the Russian Federation on administrative offenses
Musaeva G. M., Agamuradova A. T.
Revision of decisions in cases of administrative offenses: features and timing
Mishchuk A. I., Stepanova A. S., Selina T. O., Tychinina E. V., Grishchenko V. V.
Regulation of consumer protection through administrative measures in Russia
Tolboeva A. R., Kuraev R. M.
The Federal Security Service as a guarantor of the protection of state secrets
ADMINISTRATIVE JUDICIARY
Torosyan Yu. E.
On the issue of legal regulation of digital technologies in administrative proceedings
MUNICIPAL LAW
Kuzmina K. S., Bavin D. E.
Local self-government as a level of public authority
CIVIL LAW
Vaseva I. S.
On the issue of the activities of territorial bodies, authorized representatives of the President of the Russian Federation
Glinshchikova T. V., Kubov A. A., Zheget V. S.
Application of the principle of autonomy of will in the regulation of property relations of spouses
Krylova E. V.
Regional brand: posing the question
Rezyapova G. F.
Commercial concession agreement: problems of legal regulation in the Russian Federation
Yastremskiy I. A.
Mediation as one of the possibilities for pre-trial settlement of a dispute between a patient and a plastic surgery clinic
Mozhenko N. S.
The principle of dispositiveness of civil proceedings of the Russian Federation
Nikolaenko N. S., Derendyaeva S. D.
Comparative legal analysis of an engineering contract
Pronina Yu. O.
Legal regulation of digital innovations using the example of a smart contract as a contractual aspect of e-commerce
Pleshakova I. N.
Maternal (family) capital as an atypical type of social security
Pukhart A. А. Sibilev I. А.
Legal regulation of problematic issues related to the functioning of artificial intelligence systems in the Russian Federation
Sayfullina M. I., Balabanova O. O.
Civil law contract: concept, legal nature (historical, legal and civil aspects)
Baranova A. S., Karev I. A., Moiseenko D. R., Yelovskaya L. V., Moskina M. N.
Analysis and comparison of the labor laws of Russia and China: layoffs and labor relations management
Bakhtina V. K., Lee M. V., Gromchevskaya K. V., Nagai K. A., Michurova A. S.
Evolution and synchronization in the legal field: analysis of the development of preliminary agreements in Russia and their compliance with international standards
Bliznetsov A. S., Safonova A. Yu., Mezin M. K., Tolkachev R. V., Stankevich A. S.
The evolution of family law in Russia
Voronova S. A., Braga S. S., Berdykina V. V., Rostotskiy M. V., Basilov U. I.
The evolution and problems of intellectual property rights in Russia: a historical overview and current trends
Gayduk V. A., Zhevlakova D. M., Gavrilchenko K. R., Konoplitskaya A. S., Malachevskaya T. V.
The role of controlling persons in bankruptcy: responsibility and legal assessment
Gorshkov D. A.
The ratio of collateral management agreements and simple partnerships
Gromchevskaya K. V., Lee M. V., Michurova A. S., Bakhtina V. K., Nagai K. A.
Evolution and strategic importance of distribution agreements in global commerce: legal and economic analysis
Dovgusheva A. V., Tselishcheva T. A., Magzyanov V. P., Yurkevich E. A., Botvinko D. A.
Privacy management in the digital age
Yelovskaya L. V., Karev I. A., Moskina M. N., Moiseenko D. R., Baranova A. S.
Regulatory instruments in modern Russian legislation: assessment and implementation
Zhevlakova D. M., Gayduk V. A., Konoplitskaya A. S., Malachevskaya T. V., Gavrilchenko K. R.
Transformation of management strategies: from hierarchy to business innovation
Izotova E. A., Vyrdylina Yu. V., Zhuk K. D., Dolgov D. S., Frolov V. A.
Dynamics and challenges in intellectual property regulation in Russia
Krivonosova S. A., Savvateev S. V., Shichko A. R.
Historical development and current state of the institution of compensation for moral damage
Kudinov M. V.
Closed-end mutual investment fund as an object of entrepreneurial activity
Kuznetsov D. A.
Evaluation categories in legislation subordinated to the Federal Antimonopoly Service of Russia and economic justice: problems of application (using the example of the category “insignificance”)
Kuchuk M. I., Primak A. V., Morozova A. A., Primak V. V., Donskoy V. A.
Ethical and legal dilemmas in organ transplantation: a comparative analysis of world practices and Russian reality
Krivonosova S. A., Surkov A. N., Savvateev S. V.
Grounds for compensation for moral damage
Makletsova I. K.
Electronic and non-electronic procurement for state and municipal needs
Malachevskaya T. V., Konoplitskaya A. S., Gayduk V. A., Gavrilchenko K. R., Zhevlakova D. M.
Harmonization of global auditing standards: global challenges and development strategies
Nikolaenko N. S., Derendyaeva S. D.
The role of engineering services and their direct impact on the Russian economy
Mozhenko N. S.
The principle of adversarial nature of civil proceedings in the Russian Federation
Ostrozhnikov A. A., Kan N. A., Bliznetsov A. S., Gulevich M. O., Druzhkova A. I.
Differentiation of the grounds of civil legal personality
Saranchuk L. N., Denisyuk E. I., Rozhentseva A. P., Bondareva O. Yu., Tarnovskaya A. A.
Transformation of labor relations and legislation in Russia
Sidorova A. A., Zolotukhina D. E., Sukhanova D. I., Zyryanova A. A., Trushkov I. I.
Reforming work processes: assessing the impact of remote work on Russian legislation
Sukhanova D. I., Sidorova A. A., Zyryanova A. A., Zolotukhina D. E., Trushkov I. I.
New horizons in personal data protection: revision of Russian legislation in the digital age
Trushkov I. I., Zolotukhina D. E., Sidorova A. A., Zyryanova A. A., Sukhanova D. I.
Intellectual property rights protection in the context of globalization: an analysis of Russian practice
Utva I. S., Ruban P. O.
The art of neural networks as an object of digital law: legal uncertainty
Yastremskiy I. A.
Payment of the state fee when submitting a patient’s statement of claim to the plastic surgery clinic
CIVIL PROCESS
Maksimchuk M. V.
Legal aspects of optimization of taxation of enterprises
Praskovyin D. A.
The question of admissibility of foreclosure on the debtor’s only dwelling within the framework of insolvency (bankruptcy) cases
FAMILY LAW
Sergeeva K. A.
The practice of the mother’s priority in cases of determining the child’s place of residence: truth or fiction?
Sergeeva K. A.
The ratio of institutions of voluntary maintenance and alimony in disputes on the recovery of alimony
LABOUR LAW
Basilov U. I., Berdykina V. V., Braga S. S., Voronova S. A., Rostotskiy M. V.
A comparative study of the regulation of dismissal in the labor law of Russia and China
FINANCIAL LAW
Bondareva O. Yu., Denisyuk E. I., Rozhentseva A. P., Saranchuk L. N., Tarnovskaya A. A.
Integrating digital technologies into business financial management: strategies to improve productivity and stability
Kartashov A. V.
Features of licensing of fintech banks in European countries
Martynov E. A., Ochakovskiy V. A.
The role of the Central Bank of the Russian Federation in the formation and regulation of the country’s financial system
Primak A. V., Primak V. V., Kuchuk M. I., Donskoy V. A., Morozova A. A.
New horizons for small businesses: strategies and challenges in the digital economy era
Safonova A. Yu., Mezin M. K., Stankevich A. S., Tolkachev R. V., Kuznetsov A. S.
Transformation and global interaction in the global financial system
Elyakov A. L.
Problems in the system of interbudgetary regulation of highly subsidized regional budgets and justification for improving its legislative framework
TAX LAW
Alieva E. B., Abdulganieva L. M.
Sustainable development of the tax and collection system of the Russian Federation in the context of global changes
Makhmudova Kh. M., Alieva E. B.
Problems of avoiding double taxation in Russia
Ochakovskiy V. A., Kozmov V. I.
Features of additional tax control measures
ECOLOGICAL LAW
Kodolova A. V.
Legislation of the Russian Federation on environmental collection: problems and prospects
INFORMATION LAW
Bavin D. E., Kuzmina K. S.
The right to oblivion as a balance between the will of the state and the human right to privacy in the field of healthcare
Kostyuk S. A., Lubyagin O. I.
Artificial intelligence: a professional competitor or a modern lawyer’s assistant
CRIMINAL LAW
Galushin P. V., Bezgachev F. V.
Possibilities of using explainable artificial intelligence technologies during the investigation of a criminal case
Dibirov Yu. S.
On the issue of criminal liability for tax crimes
Dorozhkin I. O.
On the question of the expediency of introducing criminal liability of legal entities
Dyrma S. V.
Problems of countering theft and fraud committed using information and communication technologies
Sakaeva R. R.
Problematic aspects of determining the composition of the subject in Art. 200.4 of the Criminal Code of the Russian Federation
Stupina S. A.
On criminal liability for insult and slander through the prism of protecting national interests
Chochueva Z. A.
Relationship of digital technologies with criminal legal relations
Bliznetsov A. S., Druzhkova A. I., Ostrozhnikov A. A., Kan N. A., Gulevich M. O.
Trends and effectiveness of justice in Russia: the study of penalties for fraud under Article 159 of the Criminal Code of the Russian Federation
Karev I. A., Moskina M. N., Yelovskaya L. V., Baranova A. S., Moiseenko D. R.
Consumer protection: criminal law aspect in the Russian Federation
Kostenko D. S.
The role of the modern school of social defense by M. Ansel in the issue of modern reforms of the system of preventive measures in Russia
Rostotskiy M. V., Basilov U. I., Braga S. S., Berdykina V. V., Voronova S. A.
Reforming approaches to juvenile correction: analysis and improvement of punishment substitution mechanisms in the Russian Federation
Saranchuk L. N., Tarnovskaya A. A., Rozhentseva A. P., Bondareva O. Yu., Denisyuk E. I.
Arrest reform in Russian criminal justice: analytical review and prospects
Chakiev M. A.
Internal affairs bodies as a subject of prevention of crimes and other offenses against persons with disabilities
Shadrina E. S.
Problematic issues of the objective side of the corpus delicti provided for in Article 200.4 of the Criminal Code of the Russian Federation
Huynh Huu Tinh
Some restrictions on crimes of interference with judiciary in the 2015 Criminal Code of Vietnam
CRIMINAL PROCESS
Azarov V. V., Milokumova A. A.
Problems of training employees of the penal enforcement system to work on Russian software in the era of digitalization of education
Biruk M. S., Pivovarov I. K.
Confiscation of vehicles from convicts under articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation: the concept, conditions and procedure of application
Dyakonova V. V.
On the special role of principles in criminal proceedings and the importance of their systematization
Egorov A. Yu.
Adversarial principles when examining the testimony of witnesses in a trial
Ostapenko M. V.
Judicial discretion as a criterion for the quality of criminal proceedings
Prys E. V., Grishko L. E.
The legal structure of the institution of execution of the sentence as the most important act of justice: the prerequisites for the origin and development, the current state and prospects for improvement
Ragimhanova K. T.
Features of crimes committed using information technology
Roshka M. Ya.
Features of institution of criminal proceedings when disclosing crimes against property committed at railway transport infrastructure facilities
Safonov A.A., Prokopenko N.A.
Specific features of certain investigative actions at the initial stage of investigation of cybercrime committed by organized groups
Grigorjev A. E., Repyakh A. D., Dmitrieva A. I., Tikakhina T. A., Klochko I. V.
Implementation of penal enforcement legislation in the Russian Federation: assessment of practices and regulations
Gritsenko N. S.
Determinants of final decision-making by a panel of judges and jury in criminal proceedings
Daurbekova I. Ya., Yusupkadieva S. N.
Historical background for the formation and features of the development of the institution of reopening criminal proceedings due to new or newly discovered circumstances
Dolgov D. S., Izotova E. A., Zhuk K. D., Frolov V. A., Vyrdylina Yu. V.
Discretion in the evaluation of evidence: analysis of the influence of the defense in criminal proceedings in Russia
Klochko I. V., Grigorfev A. E., Dmitrieva A. I., Tikakhina T. A., Repyakh A. D.
Investigation of falsification of owners’ decisions in apartment buildings in Russia
Provatkina V. E., Voloshina T. V., Korkin M. S.
Humanization of criminal proceedings in the Russian Federation
CRIMINAL-EXECUTIVE LAW
Asadov V. V., Shamsudinov I. V.
On the problem of ensuring the safety of employees of penal enforcement inspections
Dikaeva E. S.
Priority directions of the internal affairs bodies in the prevention of crime of those conditionally released from serving a sentence of imprisonment
CRIMINAL JUDICIARY
Mashovets A. O., Proshlyakov A. D.
Rehabilitation without acquittal
JUDICIARY
Galitskaya E. S., Minachev G. R., Gerashchenko N. A., Lyasheva A. A., Popova V. K.
The dynamics of the development of legal norms of enforcement proceedings in the Russian Empire
Zinkov E. N., Kitaeva A. V., Davletov R. R., Gubareva E. N.
On combating corruption in the domestic judicial system
Lyasheva A. A., Galitskaya E. S., Minachev G. R., Popova V. K., Gerashchenko N. A.
The era of digital innovation in the judicial system
CRIMINALISTICS
Vesyolin V. V., Vnukov V. I.
Some problematic aspects of the organization of the functioning of ballistic records in order to uncover and investigate crimes
Kabakova E. S.
Problems of describing a person’s appearance in criminology
Musalaeva Z. B., Yusupkadieva S. N.
Theoretical provisions of forensic computer-technical examination
Novikova L. V., Suleymanov T. A.
Features of the investigation of criminal cases related to the illegal sale of narcotic drugs remotely
Obukhov I. A.
The use of forensic knowledge by district police officers in the prevention of crimes of a terrorist nature
SECURITY AND LAW
Abramova S. R., Abramov I. R., Sibagatullina R. M.
Information security and culture in the digital economy
Gofman A. A., Sviridov R. E.
Special means and legal basis for their use
Zhuk K. D., Vyrdylina Yu. V., Dolgov D. S., Frolov V. A., Izotova E. A.
The role of the CSTO and the SCO in ensuring regional security and combating transnational threats
Tolboeva A. R., Vagabova D. V.
Information classified as a state secret: the concept and list
Tychinina E. V., Mishchuk A. I., Selina T. O., Stepanova A. S., Grishchenko V. V.
Dynamics and consequences of modern protest movements
Yangurazova Z. A., Nurutdinov A. A., Shcherbakov A. T.
Industrial safety of petrochemical facilities
PEDAGOGY AND LAW
Vladimirov S. K., Kamaletdinov R. R., Latypova E. R.
Professionally oriented teaching of a foreign language in a technical university
Gallyamova D. A., Koenig A. Yu., Muratova E. V.
Social and innovative processes in modern Russia: the role and trends of development in modern education and the formation of public consciousness
Goverdovskaya E. V., Delarue V. V., Kovaleva M. D.
Interiorization of the legal culture of a doctor in an educational environment
Gulevich M. O., Druzhkova A. I., Kuznetsov A. S., Ostrozhnikov A. A., Kan N. A.
Synergy of digital and traditional marketing practices in academic institutions: new horizons and effectiveness
Krylov S. V.
Pedagogical bases of the process of formation of professional competence of the employees of the PS during tactical and special training
Fomina D. S., Egorova O. I., Gladilova E. A.
The development of teacher education in the era of digitalization
SPORTS LAW
Asadullin M. R.
Theoretical aspects of the legal form of sports organizations
STATE AND LAW
Dovbysh S. A., Zorina P. A.
Electronic justice in the Russian Federation: history of foundation and prospects for development
Ilikeeva Yu. A., Gilyazova A. I., Fayzullin A. R.
State and municipal management of sustainable development of the region
Lee M. V., Bakhtina V. K., Nagai K. A., Gromchevskaya K. V., Michurova A. S.
The interaction of globalization and localization: current trends and their impact on society
Tselishcheva T. A., Magzyanov V. P., Yurkevich E. A., Botvinko D. A., Dovgusheva A. V.
The transformation of civil society in modern Russia: dynamics, problems and development strategies
Furman T. G.
Necessity of the existence of ideology in the modern Russian state
POLICY AND LAW
Furman T. G.
Russian political elite: some aspects of development
ECONOMY. LAW. SOCIETY
Gilyazova A. I., Hunafina E. A., Girfanova I. N.
Planned and collective economy within the framework of the theory of social economics
Abramov I. R., Gizatullina V. G., Rednikov D. V.
The concept of social capital and planned economy
Barlybaev U. A., Musin U. R., Nusratullin I. V.
Creative industries in the region
Gamilova D.A., Iljina L.A., Karavaev A.A.
Features of the implementation of digital transformation strategies
Gilyazova A. I., Urazova L. U., Rednikov D. V.
Economic growth and economic development: the unity of contradictions
Zashchitina E. K.
The role of trade associations in increasing the competitiveness of the education system and developing the export of educational services
Koryagina A. R., Strelkova O. V.
Marketing tools for assessing external impact on the development of tourist areas
Kuznetsov M. Yu.
The digital future of the employment service
Mashegov P. N., Koryagin V. V.
Formalization of criteria for the level of localization when selecting import substitution projects
Novichenko A. I.
General trends in the development of domestic legislation in the field of digital economy formation
Nuriev B. D.
End-to-end digital technologies in the system of Russian legislation: big data and a distributed registry system (blockchain)
Saygin O. I., Kuznetsova E. V.
Organization of project work for the integrated object in a dense urban development
Tinyakova V. I., Lugovkina I. A.
Analysis of world experience using cryptocurrency and assessing the prospects of the digital ruble in the field of charity
Khalikova E. A., Sozykin A. D., Safronov D. Yu.
Modern digital solutions for financial and economic justification in project management
Chumlyakov K. S., Chumlyakova D. V., Ignatyuk Yu. L.
Internationalization of the Arctic in the strategies of non-Arctic countries
Zashchitina E. K., Pavlov P. V.
Transformation of the global market for higher education services under the influence of changing geopolitical contours
Achraf B., Rudneva Yu. R.
The role of the project approach in managing innovation activities of enterprises
Bagram A. A., Pivkin M. Yu., Logunova A. V., Tselishcheva A. A., Nosik D. E.
Transformation of the energy sector through blockchain and AI: global perspectives and challenges
Donskoy V. A., Primak A. V., Morozova A. A., Primak V. V., Kuchuk M. I.
Transformation using blockchain: integration strategies and legal aspects
Li Linlin
Some problems of creating a zone of cross-border tourism cooperation between China and Russia
Magzyanov V. P., Tselishcheva T. A., Botvinko D. A., Yurkevich E. A., Dovgusheva A. V.
Sberbank’s adaptation to the new economic reality: strategies and solutions
Medvedeva D. O., Belousov N. A., Khlyupov I. V., Verkhoturova D. A., Vdovenkova O. V.
Minimizing the economic consequences of the global energy transition for large energy-intensive consumers: strategies and solutions
Nosik D. E., Pivkin M. Yu., Logunova A. V., Bagram A. A., Tselishcheva A. A.
The evolution of international trade in the BRICS countries: in-depth analysis of China’s influence
Repyakh A. D., Grigorjev A. E., Dmitrieva A. I., Klochko I. V., Tikakhina T. A.
Risk and resource management strategies in Russian banks during the period of economic challenges
Pivkin M. Yu., Nosik D. E., Tselishcheva A. A., Bagram A. A., Logunova A. V.
The versatility of insurance interest: legal and economic dimensions in insurance
Skachkova M. A., Gomenyuk M. A., Basenko D. V., Klementjeva D. A., Vetrova A. A.
Abenomics Growth Strategy in the era of low fertility and population aging: analysis and prospects
Khalikova E. A., Mullashev U. R.
Improving the efficiency of oil company procurement management in the context of digital business transformation
PHILOSOPHY. LAW. SOCIETY
Bondarenko V. N.
Axioms of neoclassical philosophy
Abdulaeva I. A.
The problem of knowing the essence of humanity by the example of existential and sociological approaches
Ardashev R. G.
Euthanasia in the public understanding of Russians
Baklanov I. S., Baklanova O. A., Osadchiy A. A.
Features of sociocultural risks in the context of digitalization of sociocultural practices
Gofman A. A., Sviridov R. E.
Prevention of fear and anxiety in conditions of social conflicts
Kuzmenko A. A.
Socio-philosophical understanding of the importance of applying the principles of ergonomic design in the manufacture of stone tools in the period of collective society
Madzhuga A. G., Kyshtymova I. M., Kirillova K. A., Tochieva L. I.
The values of tuning fork culture and their role in the processes of personality formation
Petlitsyn R. A., Khvostova S. G., Yakshin S. V.
Risks of technological development of society: interaction of innovations, traditions and social norms
Ravochkin N. N.
Transformations of communications in the digital world: philosophical analysis (part 1)
Sharipov A. R., Baynazarov I. N.
About some aspects of the influence of language on the state of national identity
Shmatko A. A., Shmatko O. N.
Factors of formation and functions of historical consciousness as a socio-cultural phenomenon
Egorova O. I., Zueva E. K., Fomina D. S.
Social and philosophical analysis of the problem field and the role of digital culture in Russia
Laryushkin S. A.
Veneration of New Martyrs in the context of the ideals of Holy Russia: on the issue of national identification
Tolkachev R. V., Safonova A. Yu., Bliznetsov A. S., Stankevich A. S., Mezin M. K.
Eurasianism in the modern context: from Gumilev’s passionarity to the politics of multipolarity
Fomin A. A.
The evolution of ideas about ethos and its modern interpretation
Sharipov A. R., Baynazarov I. N.
Analysis of the current state of national identity of the peoples of the Russian Federation according to the results of the 2021 population census
R.Chattaev:
The state contract is a tool for effective management of state assets. Government procurement and business
Interview with Chattaev Azamat Ruslanovich, Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute of business career, Moscow, founder and head of the law firm «Chattaev Protection».
EURASIAN INTEGRATION
Khalipov S. V.
Russia’s customs tariff regulation in the Eurasian Economic Union
Kazakov N. A., Akhtyamova E. V.
Scientific research of the human genome within the framework of the Eurasian Economic Union
Khalipov S. V.
Theory and practice of sub-normative regulation of foreign trade in goods in the Eurasian Economic Union
INTERNATIONAL LAW
Nigmatullin R. V., Nazarzod B. R.
Consular Relations as a Factor in Ensuring Interstate Relations between the Russian Federation and the Republic of Tajikistan
Abdullayeva Kh. A., Abdullaeva I. A.
International standards of human and civil rights to information and their development in the legislation of various states
Lebedeva Ya. I.
National and European identity in the legal order of the European Union
Mukhametgareeva N. M., Yusupova Z. A.
Modern challenges of ensuring the mechanism of international legal protection of the ozone layer
Tulupova E. O., Demidova T. K.
Международное право: сложности применения на современном этапе
Baturina E. V.
International legal and institutional foundations of the concept of forming a common space security at the regional level
Bolotova A. B.
Anti-foreign sanctions law of the PRC in the context of US unilateral economic sanctions
Gu Wensho
Resolution of denunciation disputes in international treaties
Veretelnikova P. P., Ershova A. A., Kotik A. O., Maslov P. N., Yarosh D. R.
Transformation of political traditions
Gomenyuk V. A., Kirilyuk A. V., Kholod E. E., Burnos A. V., Nesina A. M.
The evolution of public diplomacy: a historical overview and modern perspectives
Ershova A. A., Maslov P. N., Kotik A. O., Yarosh D. R., Veretelnikova P. P.
China’s rising economic power and its impact on the international order
Zhurman Yu. V., Cheremisina K. M., Puchkin D. K., Yudina D. V., Kalyuzhnaya P. L.
The impact of the dynamics of the Chinese yuan exchange rate on international trade
Kirilyuk A. V., Burnos A. V., Kholod E. E., Gomenyuk V. A., Nesina A. M.
Analysis of legal and insurance aspects of maritime cargo transportation
Kutsepalova V. S., Mastyukova I. I., Babicheva A. S., Vinogradova S. A., Pestretsov I. V.
Concepts and characteristics of public and local diplomacy
Mastyukova I. I., Babicheva A. S., Pestretsov I. V., Kutsepalova V. S., Vinogradova S. A.
Dynamics of interaction between international law and international relations: analysis of the dispute over the Dokdo/Takeshima
Skazin N. A., Brykova D. D., Karagodina E. S., Rymar B. N., Svistak A. V.
The Federal Reserve System and its institutional relations: an analysis of political independence and responsibility
Utva I. S., Ruban P. O.
“Virtual” States as an atypical subject of international law
Cheremisina K. M., Kalyuzhnaya P. L., Puchkin D. K., Yudina D. V., Zhurman Yu. V.
The process of adapting Russian labor laws to international standards
Pridantseva D. S.
The concept and regulatory regulation of consular assistance in Russian law
INTERNATIONAL PRIVATE LAW
Galeeva A. A., Demidova T. K., Vasiljev A. V.
Russia’s role in the economic and political development of Central Asia: trade, energy and security
Strugovets L. A.
Legislative Initiatives of the EAEU in the sphere of climate protection
Bikchenteeva S. R., Glinshchikova T. V., Romanenko A. A.
The theory of characteristic execution as the main criterion for determining the applicable law in modern Russian and foreign conflict of laws
Verkhoturova D. A., Medvedeva D. O., Vdovenkova O. V., Belousov N. A., Khlyupov I. V.
Transforming global governance: reform of the international economic system in the era of sustainable development
Kungurova A. A., Kazimov A. I., Goryachkina M. M., Turov S. E., Sofrina A. A.
Reform of the international monetary system: the role and prospects of special drawing rights (SDR)
Turov S. E., Kungurova A. A., Goryachkina M. M., Sofrina A. A., Kazimov A. I.
Legal aspects of international transport liability: analysis of The Hague, Hague-Visby, Hamburg and Rotterdam Rules
EUROPEAN LAW
Karagodina E. S., Skazin N. A., Brykova D. D., Svistak A. V., Rymar B. N.
Economic and Monetary Union in Europe: institutional transitions and political challenges
THEORY OF STATE AND LAW
Azarov V. V.
The problem of digital legislation in the information space of the Russian Federation
Protopopova T. V., Tarkova I. A.
Fame as a legal category
Prys I. E.
Fundamentals of professional and pedagogical activity in the process of teaching general theoretical legal disciplines in the context of departmental education
Romanovskaya L.R.
AI and human rights: problems of correlation
Samoylova Zh. V.
Digital services for participants in the electoral process as a guarantee of the realization of constitutional rights of citizens
Shichko A. R., Shichko A. R., Surkov A. N.
Signs and grounds for legal liability
He Zhendong, Ning Yanhong, Li Honghong
Mechanisms for legal protection of the rights and interests of Chinese migrants residing in Russia within the framework of the «One Belt and One Road» initiative
Yalovenko T. V.
The influence of modern media on the formation of a person’s worldview
Aksyutenkov V. O.
The idea of architectural symbolism as a reflection of statehood
Gomenyuk M. A., Klementjeva D. A., Skachkova M. A., Basenko D. V., Vetrova A. A.
Structural Transformations of Power in North Korea during the Kim Jong Un era: an analysis of the transition from ‘Military Policy’towards ‘party politics’
HISTORY OF STATE AND LAW
Egorov I. A.
International legal means of ensuring the foreign policy interests of medieval Pskov: historical conditions of origin and development
Ryabov S. I.
Noble land ownership on the Don: prerequisites and conditions of occurrence.
Tovsultanov R. A., Tovsultanova M. S., Galimova L. N.
Problems of independence of a number of regions of the post-soviet space
CONSTITUTIONAL LAW
Alieva Kh. T., Dibirov M. T.
Modern problems of legal regulation of media activities during the election period
Akhmedov S. M., Sarkarova D. S.
The constitutional and legal status of the Prosecutor’s Office after the adoption of amendments to the 2020 Constitution
Iljina O. Yu.
Ensuring social partnership with indigenous peoples of the North as a constitutional responsibility of the state when making decisions in the field of protection and rational use of natural resources
ADMINISTRATIVE LAW
Andryushchenko T. I., Mikhailov M. Ya
Administrative supervision of persons released from prison as one of the measures of social and legal control
Dibirov Yu. S.
The concept and classification of the norms of the legislation of the Russian Federation on administrative offenses
Musaeva G. M., Agamuradova A. T.
Revision of decisions in cases of administrative offenses: features and timing
Mishchuk A. I., Stepanova A. S., Selina T. O., Tychinina E. V., Grishchenko V. V.
Regulation of consumer protection through administrative measures in Russia
Tolboeva A. R., Kuraev R. M.
The Federal Security Service as a guarantor of the protection of state secrets
ADMINISTRATIVE JUDICIARY
Torosyan Yu. E.
On the issue of legal regulation of digital technologies in administrative proceedings
MUNICIPAL LAW
Kuzmina K. S., Bavin D. E.
Local self-government as a level of public authority
CIVIL LAW
Vaseva I. S.
On the issue of the activities of territorial bodies, authorized representatives of the President of the Russian Federation
Glinshchikova T. V., Kubov A. A., Zheget V. S.
Application of the principle of autonomy of will in the regulation of property relations of spouses
Krylova E. V.
Regional brand: posing the question
Rezyapova G. F.
Commercial concession agreement: problems of legal regulation in the Russian Federation
Yastremskiy I. A.
Mediation as one of the possibilities for pre-trial settlement of a dispute between a patient and a plastic surgery clinic
Mozhenko N. S.
The principle of dispositiveness of civil proceedings of the Russian Federation
Nikolaenko N. S., Derendyaeva S. D.
Comparative legal analysis of an engineering contract
Pronina Yu. O.
Legal regulation of digital innovations using the example of a smart contract as a contractual aspect of e-commerce
Pleshakova I. N.
Maternal (family) capital as an atypical type of social security
Pukhart A. А. Sibilev I. А.
Legal regulation of problematic issues related to the functioning of artificial intelligence systems in the Russian Federation
Sayfullina M. I., Balabanova O. O.
Civil law contract: concept, legal nature (historical, legal and civil aspects)
Baranova A. S., Karev I. A., Moiseenko D. R., Yelovskaya L. V., Moskina M. N.
Analysis and comparison of the labor laws of Russia and China: layoffs and labor relations management
Bakhtina V. K., Lee M. V., Gromchevskaya K. V., Nagai K. A., Michurova A. S.
Evolution and synchronization in the legal field: analysis of the development of preliminary agreements in Russia and their compliance with international standards
Bliznetsov A. S., Safonova A. Yu., Mezin M. K., Tolkachev R. V., Stankevich A. S.
The evolution of family law in Russia
Voronova S. A., Braga S. S., Berdykina V. V., Rostotskiy M. V., Basilov U. I.
The evolution and problems of intellectual property rights in Russia: a historical overview and current trends
Gayduk V. A., Zhevlakova D. M., Gavrilchenko K. R., Konoplitskaya A. S., Malachevskaya T. V.
The role of controlling persons in bankruptcy: responsibility and legal assessment
Gorshkov D. A.
The ratio of collateral management agreements and simple partnerships
Gromchevskaya K. V., Lee M. V., Michurova A. S., Bakhtina V. K., Nagai K. A.
Evolution and strategic importance of distribution agreements in global commerce: legal and economic analysis
Dovgusheva A. V., Tselishcheva T. A., Magzyanov V. P., Yurkevich E. A., Botvinko D. A.
Privacy management in the digital age
Yelovskaya L. V., Karev I. A., Moskina M. N., Moiseenko D. R., Baranova A. S.
Regulatory instruments in modern Russian legislation: assessment and implementation
Zhevlakova D. M., Gayduk V. A., Konoplitskaya A. S., Malachevskaya T. V., Gavrilchenko K. R.
Transformation of management strategies: from hierarchy to business innovation
Izotova E. A., Vyrdylina Yu. V., Zhuk K. D., Dolgov D. S., Frolov V. A.
Dynamics and challenges in intellectual property regulation in Russia
Krivonosova S. A., Savvateev S. V., Shichko A. R.
Historical development and current state of the institution of compensation for moral damage
Kudinov M. V.
Closed-end mutual investment fund as an object of entrepreneurial activity
Kuznetsov D. A.
Evaluation categories in legislation subordinated to the Federal Antimonopoly Service of Russia and economic justice: problems of application (using the example of the category “insignificance”)
Kuchuk M. I., Primak A. V., Morozova A. A., Primak V. V., Donskoy V. A.
Ethical and legal dilemmas in organ transplantation: a comparative analysis of world practices and Russian reality
Krivonosova S. A., Surkov A. N., Savvateev S. V.
Grounds for compensation for moral damage
Makletsova I. K.
Electronic and non-electronic procurement for state and municipal needs
Malachevskaya T. V., Konoplitskaya A. S., Gayduk V. A., Gavrilchenko K. R., Zhevlakova D. M.
Harmonization of global auditing standards: global challenges and development strategies
Nikolaenko N. S., Derendyaeva S. D.
The role of engineering services and their direct impact on the Russian economy
Mozhenko N. S.
The principle of adversarial nature of civil proceedings in the Russian Federation
Ostrozhnikov A. A., Kan N. A., Bliznetsov A. S., Gulevich M. O., Druzhkova A. I.
Differentiation of the grounds of civil legal personality
Saranchuk L. N., Denisyuk E. I., Rozhentseva A. P., Bondareva O. Yu., Tarnovskaya A. A.
Transformation of labor relations and legislation in Russia
Sidorova A. A., Zolotukhina D. E., Sukhanova D. I., Zyryanova A. A., Trushkov I. I.
Reforming work processes: assessing the impact of remote work on Russian legislation
Sukhanova D. I., Sidorova A. A., Zyryanova A. A., Zolotukhina D. E., Trushkov I. I.
New horizons in personal data protection: revision of Russian legislation in the digital age
Trushkov I. I., Zolotukhina D. E., Sidorova A. A., Zyryanova A. A., Sukhanova D. I.
Intellectual property rights protection in the context of globalization: an analysis of Russian practice
Utva I. S., Ruban P. O.
The art of neural networks as an object of digital law: legal uncertainty
Yastremskiy I. A.
Payment of the state fee when submitting a patient’s statement of claim to the plastic surgery clinic
CIVIL PROCESS
Maksimchuk M. V.
Legal aspects of optimization of taxation of enterprises
Praskovyin D. A.
The question of admissibility of foreclosure on the debtor’s only dwelling within the framework of insolvency (bankruptcy) cases
FAMILY LAW
Sergeeva K. A.
The practice of the mother’s priority in cases of determining the child’s place of residence: truth or fiction?
Sergeeva K. A.
The ratio of institutions of voluntary maintenance and alimony in disputes on the recovery of alimony
LABOUR LAW
Basilov U. I., Berdykina V. V., Braga S. S., Voronova S. A., Rostotskiy M. V.
A comparative study of the regulation of dismissal in the labor law of Russia and China
FINANCIAL LAW
Bondareva O. Yu., Denisyuk E. I., Rozhentseva A. P., Saranchuk L. N., Tarnovskaya A. A.
Integrating digital technologies into business financial management: strategies to improve productivity and stability
Kartashov A. V.
Features of licensing of fintech banks in European countries
Martynov E. A., Ochakovskiy V. A.
The role of the Central Bank of the Russian Federation in the formation and regulation of the country’s financial system
Primak A. V., Primak V. V., Kuchuk M. I., Donskoy V. A., Morozova A. A.
New horizons for small businesses: strategies and challenges in the digital economy era
Safonova A. Yu., Mezin M. K., Stankevich A. S., Tolkachev R. V., Kuznetsov A. S.
Transformation and global interaction in the global financial system
Elyakov A. L.
Problems in the system of interbudgetary regulation of highly subsidized regional budgets and justification for improving its legislative framework
TAX LAW
Alieva E. B., Abdulganieva L. M.
Sustainable development of the tax and collection system of the Russian Federation in the context of global changes
Makhmudova Kh. M., Alieva E. B.
Problems of avoiding double taxation in Russia
Ochakovskiy V. A., Kozmov V. I.
Features of additional tax control measures
ECOLOGICAL LAW
Kodolova A. V.
Legislation of the Russian Federation on environmental collection: problems and prospects
INFORMATION LAW
Bavin D. E., Kuzmina K. S.
The right to oblivion as a balance between the will of the state and the human right to privacy in the field of healthcare
Kostyuk S. A., Lubyagin O. I.
Artificial intelligence: a professional competitor or a modern lawyer’s assistant
CRIMINAL LAW
Galushin P. V., Bezgachev F. V.
Possibilities of using explainable artificial intelligence technologies during the investigation of a criminal case
Dibirov Yu. S.
On the issue of criminal liability for tax crimes
Dorozhkin I. O.
On the question of the expediency of introducing criminal liability of legal entities
Dyrma S. V.
Problems of countering theft and fraud committed using information and communication technologies
Sakaeva R. R.
Problematic aspects of determining the composition of the subject in Art. 200.4 of the Criminal Code of the Russian Federation
Stupina S. A.
On criminal liability for insult and slander through the prism of protecting national interests
Chochueva Z. A.
Relationship of digital technologies with criminal legal relations
Bliznetsov A. S., Druzhkova A. I., Ostrozhnikov A. A., Kan N. A., Gulevich M. O.
Trends and effectiveness of justice in Russia: the study of penalties for fraud under Article 159 of the Criminal Code of the Russian Federation
Karev I. A., Moskina M. N., Yelovskaya L. V., Baranova A. S., Moiseenko D. R.
Consumer protection: criminal law aspect in the Russian Federation
Kostenko D. S.
The role of the modern school of social defense by M. Ansel in the issue of modern reforms of the system of preventive measures in Russia
Rostotskiy M. V., Basilov U. I., Braga S. S., Berdykina V. V., Voronova S. A.
Reforming approaches to juvenile correction: analysis and improvement of punishment substitution mechanisms in the Russian Federation
Saranchuk L. N., Tarnovskaya A. A., Rozhentseva A. P., Bondareva O. Yu., Denisyuk E. I.
Arrest reform in Russian criminal justice: analytical review and prospects
Chakiev M. A.
Internal affairs bodies as a subject of prevention of crimes and other offenses against persons with disabilities
Shadrina E. S.
Problematic issues of the objective side of the corpus delicti provided for in Article 200.4 of the Criminal Code of the Russian Federation
Huynh Huu Tinh
Some restrictions on crimes of interference with judiciary in the 2015 Criminal Code of Vietnam
CRIMINAL PROCESS
Azarov V. V., Milokumova A. A.
Problems of training employees of the penal enforcement system to work on Russian software in the era of digitalization of education
Biruk M. S., Pivovarov I. K.
Confiscation of vehicles from convicts under articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation: the concept, conditions and procedure of application
Dyakonova V. V.
On the special role of principles in criminal proceedings and the importance of their systematization
Egorov A. Yu.
Adversarial principles when examining the testimony of witnesses in a trial
Ostapenko M. V.
Judicial discretion as a criterion for the quality of criminal proceedings
Prys E. V., Grishko L. E.
The legal structure of the institution of execution of the sentence as the most important act of justice: the prerequisites for the origin and development, the current state and prospects for improvement
Ragimhanova K. T.
Features of crimes committed using information technology
Roshka M. Ya.
Features of institution of criminal proceedings when disclosing crimes against property committed at railway transport infrastructure facilities
Safonov A.A., Prokopenko N.A.
Specific features of certain investigative actions at the initial stage of investigation of cybercrime committed by organized groups
Grigorjev A. E., Repyakh A. D., Dmitrieva A. I., Tikakhina T. A., Klochko I. V.
Implementation of penal enforcement legislation in the Russian Federation: assessment of practices and regulations
Gritsenko N. S.
Determinants of final decision-making by a panel of judges and jury in criminal proceedings
Daurbekova I. Ya., Yusupkadieva S. N.
Historical background for the formation and features of the development of the institution of reopening criminal proceedings due to new or newly discovered circumstances
Dolgov D. S., Izotova E. A., Zhuk K. D., Frolov V. A., Vyrdylina Yu. V.
Discretion in the evaluation of evidence: analysis of the influence of the defense in criminal proceedings in Russia
Klochko I. V., Grigorfev A. E., Dmitrieva A. I., Tikakhina T. A., Repyakh A. D.
Investigation of falsification of owners’ decisions in apartment buildings in Russia
Provatkina V. E., Voloshina T. V., Korkin M. S.
Humanization of criminal proceedings in the Russian Federation
CRIMINAL-EXECUTIVE LAW
Asadov V. V., Shamsudinov I. V.
On the problem of ensuring the safety of employees of penal enforcement inspections
Dikaeva E. S.
Priority directions of the internal affairs bodies in the prevention of crime of those conditionally released from serving a sentence of imprisonment
CRIMINAL JUDICIARY
Mashovets A. O., Proshlyakov A. D.
Rehabilitation without acquittal
JUDICIARY
Galitskaya E. S., Minachev G. R., Gerashchenko N. A., Lyasheva A. A., Popova V. K.
The dynamics of the development of legal norms of enforcement proceedings in the Russian Empire
Zinkov E. N., Kitaeva A. V., Davletov R. R., Gubareva E. N.
On combating corruption in the domestic judicial system
Lyasheva A. A., Galitskaya E. S., Minachev G. R., Popova V. K., Gerashchenko N. A.
The era of digital innovation in the judicial system
CRIMINALISTICS
Vesyolin V. V., Vnukov V. I.
Some problematic aspects of the organization of the functioning of ballistic records in order to uncover and investigate crimes
Kabakova E. S.
Problems of describing a person’s appearance in criminology
Musalaeva Z. B., Yusupkadieva S. N.
Theoretical provisions of forensic computer-technical examination
Novikova L. V., Suleymanov T. A.
Features of the investigation of criminal cases related to the illegal sale of narcotic drugs remotely
Obukhov I. A.
The use of forensic knowledge by district police officers in the prevention of crimes of a terrorist nature
SECURITY AND LAW
Abramova S. R., Abramov I. R., Sibagatullina R. M.
Information security and culture in the digital economy
Gofman A. A., Sviridov R. E.
Special means and legal basis for their use
Zhuk K. D., Vyrdylina Yu. V., Dolgov D. S., Frolov V. A., Izotova E. A.
The role of the CSTO and the SCO in ensuring regional security and combating transnational threats
Tolboeva A. R., Vagabova D. V.
Information classified as a state secret: the concept and list
Tychinina E. V., Mishchuk A. I., Selina T. O., Stepanova A. S., Grishchenko V. V.
Dynamics and consequences of modern protest movements
Yangurazova Z. A., Nurutdinov A. A., Shcherbakov A. T.
Industrial safety of petrochemical facilities
PEDAGOGY AND LAW
Vladimirov S. K., Kamaletdinov R. R., Latypova E. R.
Professionally oriented teaching of a foreign language in a technical university
Gallyamova D. A., Koenig A. Yu., Muratova E. V.
Social and innovative processes in modern Russia: the role and trends of development in modern education and the formation of public consciousness
Goverdovskaya E. V., Delarue V. V., Kovaleva M. D.
Interiorization of the legal culture of a doctor in an educational environment
Gulevich M. O., Druzhkova A. I., Kuznetsov A. S., Ostrozhnikov A. A., Kan N. A.
Synergy of digital and traditional marketing practices in academic institutions: new horizons and effectiveness
Krylov S. V.
Pedagogical bases of the process of formation of professional competence of the employees of the PS during tactical and special training
Fomina D. S., Egorova O. I., Gladilova E. A.
The development of teacher education in the era of digitalization
SPORTS LAW
Asadullin M. R.
Theoretical aspects of the legal form of sports organizations
STATE AND LAW
Dovbysh S. A., Zorina P. A.
Electronic justice in the Russian Federation: history of foundation and prospects for development
Ilikeeva Yu. A., Gilyazova A. I., Fayzullin A. R.
State and municipal management of sustainable development of the region
Lee M. V., Bakhtina V. K., Nagai K. A., Gromchevskaya K. V., Michurova A. S.
The interaction of globalization and localization: current trends and their impact on society
Tselishcheva T. A., Magzyanov V. P., Yurkevich E. A., Botvinko D. A., Dovgusheva A. V.
The transformation of civil society in modern Russia: dynamics, problems and development strategies
Furman T. G.
Necessity of the existence of ideology in the modern Russian state
POLICY AND LAW
Furman T. G.
Russian political elite: some aspects of development
ECONOMY. LAW. SOCIETY
Gilyazova A. I., Hunafina E. A., Girfanova I. N.
Planned and collective economy within the framework of the theory of social economics
Abramov I. R., Gizatullina V. G., Rednikov D. V.
The concept of social capital and planned economy
Barlybaev U. A., Musin U. R., Nusratullin I. V.
Creative industries in the region
Gamilova D.A., Iljina L.A., Karavaev A.A.
Features of the implementation of digital transformation strategies
Gilyazova A. I., Urazova L. U., Rednikov D. V.
Economic growth and economic development: the unity of contradictions
Zashchitina E. K.
The role of trade associations in increasing the competitiveness of the education system and developing the export of educational services
Koryagina A. R., Strelkova O. V.
Marketing tools for assessing external impact on the development of tourist areas
Kuznetsov M. Yu.
The digital future of the employment service
Mashegov P. N., Koryagin V. V.
Formalization of criteria for the level of localization when selecting import substitution projects
Novichenko A. I.
General trends in the development of domestic legislation in the field of digital economy formation
Nuriev B. D.
End-to-end digital technologies in the system of Russian legislation: big data and a distributed registry system (blockchain)
Saygin O. I., Kuznetsova E. V.
Organization of project work for the integrated object in a dense urban development
Tinyakova V. I., Lugovkina I. A.
Analysis of world experience using cryptocurrency and assessing the prospects of the digital ruble in the field of charity
Khalikova E. A., Sozykin A. D., Safronov D. Yu.
Modern digital solutions for financial and economic justification in project management
Chumlyakov K. S., Chumlyakova D. V., Ignatyuk Yu. L.
Internationalization of the Arctic in the strategies of non-Arctic countries
Zashchitina E. K., Pavlov P. V.
Transformation of the global market for higher education services under the influence of changing geopolitical contours
Achraf B., Rudneva Yu. R.
The role of the project approach in managing innovation activities of enterprises
Bagram A. A., Pivkin M. Yu., Logunova A. V., Tselishcheva A. A., Nosik D. E.
Transformation of the energy sector through blockchain and AI: global perspectives and challenges
Donskoy V. A., Primak A. V., Morozova A. A., Primak V. V., Kuchuk M. I.
Transformation using blockchain: integration strategies and legal aspects
Li Linlin
Some problems of creating a zone of cross-border tourism cooperation between China and Russia
Magzyanov V. P., Tselishcheva T. A., Botvinko D. A., Yurkevich E. A., Dovgusheva A. V.
Sberbank’s adaptation to the new economic reality: strategies and solutions
Medvedeva D. O., Belousov N. A., Khlyupov I. V., Verkhoturova D. A., Vdovenkova O. V.
Minimizing the economic consequences of the global energy transition for large energy-intensive consumers: strategies and solutions
Nosik D. E., Pivkin M. Yu., Logunova A. V., Bagram A. A., Tselishcheva A. A.
The evolution of international trade in the BRICS countries: in-depth analysis of China’s influence
Repyakh A. D., Grigorjev A. E., Dmitrieva A. I., Klochko I. V., Tikakhina T. A.
Risk and resource management strategies in Russian banks during the period of economic challenges
Pivkin M. Yu., Nosik D. E., Tselishcheva A. A., Bagram A. A., Logunova A. V.
The versatility of insurance interest: legal and economic dimensions in insurance
Skachkova M. A., Gomenyuk M. A., Basenko D. V., Klementjeva D. A., Vetrova A. A.
Abenomics Growth Strategy in the era of low fertility and population aging: analysis and prospects
Khalikova E. A., Mullashev U. R.
Improving the efficiency of oil company procurement management in the context of digital business transformation
PHILOSOPHY. LAW. SOCIETY
Bondarenko V. N.
Axioms of neoclassical philosophy
Abdulaeva I. A.
The problem of knowing the essence of humanity by the example of existential and sociological approaches
Ardashev R. G.
Euthanasia in the public understanding of Russians
Baklanov I. S., Baklanova O. A., Osadchiy A. A.
Features of sociocultural risks in the context of digitalization of sociocultural practices
Gofman A. A., Sviridov R. E.
Prevention of fear and anxiety in conditions of social conflicts
Kuzmenko A. A.
Socio-philosophical understanding of the importance of applying the principles of ergonomic design in the manufacture of stone tools in the period of collective society
Madzhuga A. G., Kyshtymova I. M., Kirillova K. A., Tochieva L. I.
The values of tuning fork culture and their role in the processes of personality formation
Petlitsyn R. A., Khvostova S. G., Yakshin S. V.
Risks of technological development of society: interaction of innovations, traditions and social norms
Ravochkin N. N.
Transformations of communications in the digital world: philosophical analysis (part 1)
Sharipov A. R., Baynazarov I. N.
About some aspects of the influence of language on the state of national identity
Shmatko A. A., Shmatko O. N.
Factors of formation and functions of historical consciousness as a socio-cultural phenomenon
Egorova O. I., Zueva E. K., Fomina D. S.
Social and philosophical analysis of the problem field and the role of digital culture in Russia
Laryushkin S. A.
Veneration of New Martyrs in the context of the ideals of Holy Russia: on the issue of national identification
Tolkachev R. V., Safonova A. Yu., Bliznetsov A. S., Stankevich A. S., Mezin M. K.
Eurasianism in the modern context: from Gumilev’s passionarity to the politics of multipolarity
Fomin A. A.
The evolution of ideas about ethos and its modern interpretation
Sharipov A. R., Baynazarov I. N.
Analysis of the current state of national identity of the peoples of the Russian Federation according to the results of the 2021 population census
PERSONA GRATA
A. R. Chattaev:
Public contract is a tool for effective management of public assets. Public procurement and business
Interview with Azamat Ruslanovich Chattaev, Candidate of Legal Sciences, Associate Professor of the Department of Civil Law and Process of the ANO VO “Business Career Institute”, Moscow, founder and director law firm “Chattaev Protection”.
EURASIAN INTEGRATION
KHALIPOV Sergey Vasiljevich
Ph.D. in Law, associate professor, Head of the Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of Russia
RUSSIA’S CUSTOMS TARIFF REGULATION IN THE EURASIAN ECONOMIC UNION
The article provides a legal analysis of customs tariff regulation of foreign trade in goods. Acts of international trade law, law of the Eurasian Economic Union, of legislation of the Russian Federation are considered. The reasons for similarity of customs and customs tariff regulation are pointed out. The shortcomings of the regulatory framework for application of customs duties are noted. Definitions of customs tariff regulation of the Union and Russia are backed up and formulated. Specific measures of customs tariff regulation for import and export customs duties are listed. The competence and possibilities of the Russian Federation for using customs tariff measures in the context of membership in the Union are shown. Attention is paid to retaliatory measures in the form of increased rates of import customs duties. It is discussed that they are different from measures of customs tariff regulation and that there is no target connection with the Common Customs Tariff of the Eurasian Economic Union.
Keywords: customs tariff regulation, import and export customs duties, Common Customs Tariff of the Eurasian Economic Union, tariff exemptions, tariff quotas, tariff preferences, retaliatory measures, anti-dumping and countervailing duties, non-tariff measures, the law of the World Trade Organization, General Agreement on Tariffs and Trade.
Bibliographic list of articles
1. Alexandrova L.I. The role of customs authorities in the regulation of foreign economic activity. Current problems of foreign economic activity in the Russian Federation / Ed. ed. Levaeva L. A., Kolesnikova R. A. – M.: VAVT, 2020. – P. 22-23.
2. Alferev T. P. Financial and legal regulation of customs tariff activities as a source of formation of the budget of the Russian Federation: dis. …cand. legal Sci. – M., 2014. – P. 52.
3. Dedusenko A. S. International trade law (concept, principles and basic institutions): dis. …cand. legal Sci. – Rostov-on-Don, 2006. – 225 p.
4. Kozyrin A. N. Legal regulation of the customs tariff mechanism (comparative legal research): dis. … doc. legal Sci. – M, 1994. – 404 p.
5. International classification of non-tariff measures. UN Publishing House UNCTAD. 2019. 94 pp.
6. Law of the World Trade Organization (WTO): textbook / Ed. ed. V. M. Shumilov and I. M. Lifshits. – M.: KNORUS, 2023. – 252 p.
7. Tyurina N. E. Public interest in international trade law: dis. … doc. legal Sci. – Kazan, 2015. – 443 pp.
8. Khalipov S.V. Economic neutrality of international customs law. Russian Foreign Economic Bulletin. – 2022. – No. 1. – P. 53-65.
9. Khapilin S. A. Development of Eurasian economic integration based on the modernization of the customs regulation mechanism: dis. … doc. econ. Sci. – Rostov-on-Don, 2015. – 510 pp.
10. Shumilov V. M. International economic law in the context of globalization of the world economy (problems of theory and practice): dis. … doc. legal Sci. – M., 2001. – 400 p.
EURASIAN INTEGRATION
KAZAKOV Nikita Andreevich
postgraduate student of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology, lecturer at the UUSiT College
AKHTYAMOVA Evgeniya Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
SCIENTIFIC RESEARCH OF THE HUMAN GENOME WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION
Human genome research and biomedicine are relevant and promising fields of science, as well as one of the most important areas in the world community, in particular in the Eurasian Economic Union. This article analyzes the legislative acts of the member states of the Union, which will highlight similar and different characteristics. This will help to note the current state in the legal regulation of this area, as well as highlight problematic aspects. The results of the research conducted may have wide practical significance, which will improve the quality of medical care and improve the level of health of citizens.
Methods: comparisons, descriptions and interpretations, dialectical, formal-logical, structural-system analysis and synthesis.
Keywords: human genome, biomedicine, biomedical cell products, EAEU.
Bibliographic list of articles
1. Kilchevsky, A. V., Lemesh V. A., Sycheva E. A. Development of genomic biotechnologies in the Republic of Belarus: achievements and prospects // Molecular and Applied Genetics. 2014. T. 18. pp. 7-19. EDN ZDFWGD.
2. Symanovich A. A. Preparation and characterization of biomedical cell products based on hepatocytes and mesenchymal stem cells differentiated in the hepatogenic direction: abstract. dis. …cand. honey. Sci. Minsk: Minsk Scientific and Practical Center for Surgery, Transplantology and Hematology, 2019
3. Akilzhanova A. R., Kozhamkulov U. A., Kairov U. E., Rakhimova S. E., Akhmetova A. Z., Erezhepov D. A., Molkenov A. B., Abilova Zh. M., Zhumadilov Zh. Sh. Study of genetic variants associated with hypertension, obesity and diabetes in individuals of the Kazakh population for subsequent study of the relationships between genetic variants and the metabolome // Science and Health. 2016. No. 4. P. 30-42.
4. Kairov U., Molkenov A., Sharip A., Rakhimova S., Seidualy M., Ri A., Kozhamkulov U., Zhabagin M., Kim Ji, Lee J.H., Terwilliger J.D., Seo J. S., Zhumadilov Z., Akilzhanova A. Whole-genome sequencing and analysis of genomic variants of Kazakhs. [Electronic resource]. – Access mode: https://www.frontiersin.org/articles/10.3389/fgene.2022.902804/full (access date: 12/13/2023).
5. Kashirkina A. A. Eurasian Economic Union: expansion of borders and legal reality // Journal of Russian Law. 2016. No. 11 (239). pp. 160-170. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evraziyskiy-ekonomicheskiy-soyuz-rashshirenie-granits-i-pravovaya-realnost (date of access: 12/14/2023).
EURASIAN INTEGRATION
KHALIPOV Sergey Vasilyevich
Ph.D. in Law, Associate Professor, Head of Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation, associate professor of International transport and logistics sub-faculty of the Moscow State Institute of International Relations (University ) of the MFA of Russia
THEORY AND PRACTICE OF SUB-NORMATIVE REGULATION OF FOREIGN TRADE IN GOODS IN THE EURASIAN ECONOMIC UNION
The article considers the scientific category of sub-normativity and its application in public law regulation of foreign trade in goods. The theoretical views on sub-normative regulation of public relations are reviewed. Individual characteristics of sub-normativity are emphasized. The legal framework of the Eurasian Economic Union, national legislation on customs regulation allowing to build up an individual legal procedure for the movement of specific types of goods across the customs border, are analyzed. The possibilities for foreign trade business to choose customs operations and procedures are demonstrated. Attention is paid to the creative application of legislation by state authorities. The main directions of sub-normative activity of customs authorities in the field of improvement of customs control and simplification of customs operations are shown.
Keywords: the law of the Eurasian Economic Union, sub-normative regulation, creative application of law, foreign trade in goods, customs declaring procedure, prohibitions and restrictions, Foreign Economic Activities Commodity Nomenclature of the Eurasian Economic Union, customs operations and customs procedures, customs control.
Bibliographic list of articles
1. Alekseev S.S. The mechanism of legal regulation in a socialist state. – M.: Legal. lit., 1966. – 187 p.
2. Ionicheva V. N. Client-oriented mechanisms for implementing state policy in the customs sector: Abstract of thesis. dis. …cand. econ. Sci. – M., 2013. – 25 p.
3. Kartashov V. N. Institute of analogy in Soviet law (Theory issues): Textbook. allowance / Ed. prof. N. I. Matuzova: Institute of higher education. and Wednesday specialist. education of the RSFSR. Sarat. legal Institute named after D.I. Kursky. – Saratov. 1976. – 61 p.
4. Kulapov V. L. Subnormative legal regulation as a means of overcoming the defectiveness of normative regulation. The human world: normative dimension: collection of proceedings of the international scientific conference. – Saratov: Publishing house of the State Educational Institution of Higher Professional Education “Saratov State Academy of Law”, 2010. – 288 pp.
5. Lazarev V. A., Voronov V.I. International logistics: textbook. – M.: Knorus, 2024. – 236 p.
6. Mednaya Yu. V. Subnormative legal regulation of public relations: dis. …cand. legal Sci. – Saratov, 2008. – 231 p.
7. Suleymanov Z. E. Concept of development of customs and logistics systems under risk conditions: Author’s abstract. dis. … doc. econ. – M., 2019. – 51 p.
8. Theory of State and Law: Textbook / Ed. V. K. Babaeva. – M.: Yurist, 2003. – 592 p.
9. Fedorenko R.V. Development of outsourcing of services in the customs sector: Author’s abstract. dis. …cand. econ. Sci. – Saratov, 2008. – 22 p.
10. Khalipov S.V. Customs law: questions and answers: educational and practical guide. – M.: Direct-Media, 2023. – 164 p.
INTERNATIONAL LAW
NIGMATULLIN Rishat Vakhidovich
Ph.D. in Law, professor, Head of International law and international relations sub-faculty, Deputy Director for International Activities and Public Relations of the Institute of Law of the Ufa University of Science and Technologies
NAZARZOD Behruz Rustam
Third Secretary of the Consulate General of the Republic of Tajikistan in Ufa
CONSULAR RELATIONS AS A FACTOR IN ENSURING INTERSTATE RELATIONS BETWEEN THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN
Consular relations play an important role in modern international relations, ensuring the rights of citizens of different countries in the implementation of official, business and personal contacts. The establishment of consular offices of the Republic of Tajikistan in the cities of the Russian Federation contributes to the development of trade, economic, cultural and scientific contacts between the constituent entities of Russia and the regions of Tajikistan. The Republic of Bashkortostan makes a significant contribution to the development of interstate relations between the two countries, actually being an actor of public diplomacy.
Keywords: Russian Federation, Republic of Tajikistan, Republic of Bashkortostan, Consulate General, cooperation, foreign economic relations.
Bibliographic list of articles
1. Dolgov V.I. Representative offices of the Russian Ministry of Foreign Affairs on the territory of the Russian Federation / V.I. Dolgov // Law and management. XXI Century. – 2011. – No. 4 (21). – pp. 100–106.
2. Nigmatullin R.V., Suleymanova R.R., Nazarzoda B.R. On the prospects for cooperation between the Russian Federation and the Republic of Tajikistan in the field of education // Eurasian Legal Journal. – 2023. – No. 18 (183). – pp. 19–22.
INTERNATIONAL LAW
ABDULLAEVA Khadizhat Abdulkadyrovna
Ph.D. in Law, associate professor of Economic, legal and general educational disciplines sub-faculty of the branch of the Dagestan State University”, branch in Kizlyar
ABDULAEVA Ilmira Abduragimovna
Ph.D. in philosophical sciences, associate professor, Head of Economic, legal and general educational disciplines sub-faculty of the branch of the Dagestan State University”, branch in Kizlyar
INTERNATIONAL STANDARDS OF HUMAN AND CIVIL RIGHTS TO INFORMATION AND THEIR DEVELOPMENT IN THE LEGISLATION OF VARIOUS STATES
The article examines the study of international human rights standards for information and their development in the legislation of different states. The right of access to information is of particular importance in the context of the development of the information society in the modern world. The introduction of information technologies in all spheres of the life of the state and society necessitates the study of theoretical and practical aspects of the implementation of the human right to access information. The tendency to increase the role of information in the life of society ensures the level of development of the state, which depends on the possibility of mastering information, the effectiveness of its use for the benefit of man. There are scientific studies in the legal literature where the right to access information is considered an independent constitutional right and its relationship with the right to information is not studied. It seems illogical to consider exclusively the right of access to information, since a comprehensive study of it can be carried out only if its interaction and correlation with the right to information are analyzed.
Keywords: the right to access information, overcoming the conflict between natural and positive law, the importance of information for humanity, international standards of human and civil rights to information, dissemination of information on the Internet .
Bibliographic list of articles
1. Agapov A. B. Problems of legal regulation of information relations in Russia // State and Law. – 2003. – No. 4. – P. 125-126.
2. Belevskaya Yu. A. Information as an object of legal regulation of constitutional rights of man and citizen // Constitutional and municipal law. – 2007. – No. 12. – P. 15-17.
3. Birkinshaw P European public law: Achievement and problem. – The Hague, Kluwer. Second edition, 2014. – 659 pp.
4. Ishchenko E. P., Toporkov A. A. Forensics: textbook / ed. E. P. Ishchenko. – M., 2010. – P. 377.
5. Kretova E. A. On the issue of information as an object of public law // Law and Politics. – M., 2007. – P. 124.
6. Korotkova M. V. The place of the constitutional right of a person and a citizen to information in the system of constitutional rights // Bulletin of the Saratov State Law Academy. – 2012. – No. 4. – P. 59-63.
7. Korotkova M. V. The place of the constitutional right of a person and a citizen to information in the system of constitutional rights // Bulletin of the Saratov State Law Academy. – 2012. – No. 4. – P. 60
8. Kuznetsov D. A. Genesis of organizational and technical support of the Internet in the aspect of its legal regulation // History of State and Law. – 2008. – No. 1. – P. 5-7.
9. Right to access information. Access to open information / Answer. ed. I. Yu. Bogdanovskaya. – M.: JSC “Yustitsinform”, 2009. – P. 19.
10. Constitution of the Russian Federation: // SPS ConsultantPlus. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 11/22/2023).
11. Statute of the Council of Europe (ETS N 1) (Adopted in London on 05/05/1949). [Electronic resource]. – Access mode: https://base.garant.ru/2540600/ (access date: 12/02/2023).
12. Okinawa Charter for the Global Information Society [Electronic resource]: adopted July 22. 2000 by the leaders of the G8 countries // UNESCO website. [Electronic resource]. – Access mode: http://www.unesco.org/new/fileadmin/MULTIMEDIA/FIELD/Tashkent/pdf/okinawa_charter_ru.doc (access date: 11/19/2023).
13. Human rights and legal proceedings. Collection of international documents. – 2007. – P. 12.
14. Constitutions of the states of the American continent: In 3 volumes – M.: Foreign publishing house. lit., 2006. – T. 1. – P. 49-53.
15. “Universal Declaration of Human Rights” (adopted by the UN General Assembly on December 10, 1948). [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 11/12/2023).
16. Collection of legislation on constitutional (state) law of the Russian Federation. – Rostov-n/D.; M.: Phoenix, Zeus, 2007. – pp. 347-348.
17. Official website of the Federal Service for Supervision of Communications, Information Technologies and Mass Communications. [Electronic resource]. – Access mode: http://zapret-info.gov.ru/(access date 11/22/2023).
18. [Electronic resource]. – Access mode: http://2017.russianintemetforum.ru/news/1298/ (access date: 11/21/2023).
INTERNATIONAL LAW
LEBEDEVA Yana Igorevna
researcher of the Human Rights Sector of the Institute of State and Law of the Russian Academy of Sciences
NATIONAL AND EUROPEAN IDENTITY IN THE LEGAL ORDER OF THE EUROPEAN UNION
Summary
The article analyzes the evolution of the concepts of national and European identity, and their relationship in the EU legal order. The European Union is nowadays an international organization that proclaims the existence of certain values that constitute its identity. The content of the European identity was quite clearly defined first in the organization’s political and then legally binding acts. Throughout the history of European integration, Member States have repeatedly declared their shared values, which has become the main prerequisite for the formation of a common European identity. A turning point in this regard is the introduction of the notion of national identity in the Maastricht, which was not defined in any way, but proclaimed to be different from the Union-wide concept. Moreover, as a result of the competing positions of the EU Court of Justice and the constitutional courts of Member States, the notion of national identity has become very controversial and mosaic. In part, Member States saw an introduction of national identity clause in the constituent treaties as an opportunity to preserve sovereign powers and to apply Union law selectively. Although the concept of national identity has since been considerably clarified in the text of the Lisbon Treaty, and the ECJ has resolved several cases relating to it, its legal content in the Union law, without considering the positions of some supreme courts of the Member States , continues to be very abstract.
Keywords: supranationality, European Union, European law, European identity, European values, national identity, state sovereignty
Bibliographic list of articles
1. Möckli D. European Foreign Policy During the Cold War: Heath, Brandt, Pompidou and the Dream of Political Unity. London, New York: I.B. Tauris, 2009.
2. Schroeder W. The Rule of Law as a Value in the Sense of Article 2 TEU: What Does It Mean and Imply? // Defending Checks and Balances in EU Member States / Ed. by A. von Bogdand, and others. Berlin: Springer, 2013.
3. Mangiameli, S. The European Union and the Identity of Member States // L’Europe en Formation. 2013. No. 3. P. 151-168.
4. Konstadinides T. The Constitutionalization of National Identity in EU Law and Its Implications. [Electronic resource]. – Access mode: https://ssrn.com/abstract=2318972.
5. Toggenburg G. Cultural Diversity at the Background of the European Debate on Values – An Introduction // European Values and Diversity / Ed. by F. Palermo, G. Toggenburg. Bolzano: EURAC, 2003.
6. Wouters J. From an Economic Community to a Union of Values: The Emergence of the EU’s Commitment to Human Rights // The European Union and Human Rights: Law and Policy / J. Wouter, and others. Oxford: Oxford University Press, 2020.
7. Klabbers J. Sui Generis? The European Union as an International Organization // A Companion to European Union Law and International Law (First Edition) / Ed. by D. Patterson, A. Södersten. Oxford: Wiley, 2016.
INTERNATIONAL LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
MODERN CHALLENGES OF ENSURING THE MECHANISM OF INTERNATIONAL LEGAL PROTECTION OF THE OZONE LAYER
The article is devoted to the study of the legal foundations and the legal mechanism for ensuring the international legal protection of the ozone layer. It is concluded that, according to the current international legal framework, there is no international independent body with control and supervision functions, as well as the possibility of conducting international investigations for violations of the provisions of the Vienna Convention “On the Protection of the Ozone” Layer” and the Montreal Protocol thereto, entails the possibility of a significant excess of the destructive impact on the ozone layer by many States, deliberately underestimating the final values to the limits established by an international agreement. In addition, there is no unified legal approach to the establishment of international legal liability for violation of the provisions on the protection of the ozone layer. The legal, organizational and political difficulties identified in the study in ensuring the mechanism of international legal protection of the ozone layer do not allow for a harmonious, effective and cohesive struggle of States in solving a transnational environmental problem.
Keywords: environmental accident, environmental disaster, protection of the atmosphere, ozone layer, international legal responsibility, ozone hole, frion.
Bibliographic list of articles
1. Ermola M. S., Chervyakovskaya E. G. Legal concept of the ozone layer // Modern conditions of integration processes in science and education: Collection of articles on the results of the International Scientific and Practical Conference, Kazan, April 21, 2023. – Sterlitamak: Limited Liability Company “Agency for International Research”, 2023. – P. 110-112.
2. Yusupova Z. A., Mukhametgareeva N. M. On the Issue of the Effectiveness of International Environmental Law // Rule of law: theory and practice. – 2020. – T. 4 (62). Part 2. – pp. 157-164.
INTERNATIONAL LAW
TULUPOVA Elena Olegovna
Ph.D. in political sciences, associate professor of Theory of state and law sub-faculty of the Ufa University of the Sciences and Technology
DEMIDOVA Tatyana Konstantinovna
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty of the Ufa University of the Sciences and Technology
INTERNATIONAL LAW: DIFFICULTIES OF APPLICATION AT THE PRESENT STAGE
Currently, international law is experiencing enormous difficulties. The norms of this industry are ignored by a number of countries; many of the existing norms are interpreted in favor of the powerful, giving them double meaning. Basic principles – the basis of all international contacts – are seriously violated or simply ignored. All this undoubtedly leads to destabilization in the international arena. Meanwhile, international law is only a tool and it should be in the hands of those who know how to use it correctly, without violating the rights of other subjects of international relations.
Keywords: international law, problems, prospects, challenges, principles and norms.
Bibliographic list of articles
1. Law of international organizations: textbook for universities / A. Kh. Abashidze [etc.]; edited by A. Kh. Abashidze. — 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 565 p. — (Higher education).
INTERNATIONAL LAW
BATURINA Elena Viktorovna
adjunct of the Facultyof Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
INTERNATIONAL LEGAL AND INSTITUTIONAL FOUNDATIONS OF THE CONCEPT OF FORMING A COMMON SPACE SECURITY AT THE REGIONAL LEVEL
The article examines the issues of the emergence in international legal relations of the category “common space security”, as well as related concepts in relation to cooperation between member states of the European union (EU) in areas that have the most important common interests. Development researched integration processes in order to improve operational efficiency police authorities, justice, justice in order to create a common security space EU.
In addition, the article revealed prerequisites and trends for the formation of a common security space in post-Soviet space. In this regard, the issues of creating systems regional collective security of the Commonwealth of Independent States. Particular attention is paid to the problem of ensuring joint security of Russia and the republics of Abkhazia and South Ossetia.
Keywords: common security space, integration, space of freedom, justice, regional security, harmonization of national legislation, cooperation, balance interests.
Bibliographic list of articles
1. European Union in the 21st century: a time of testing / Ed. O. Yu. Potemkina, N. Yu. Kaveshnikova, N. B. Kondratyeva. – M.: The whole world, 2012. – 658 p.
2. Voynikov V.V. Police and legal cooperation in criminal cases: legal aspects // Russia-EU relations on the threshold of change. Liber Amicorum in honor of Professor L. M. Entin. – M.: Axiom Publishing House, 2009. – 560 pp.
3. Voynikov V.V. The crisis in Europe and the problem of reforming legislation in the sphere of the European space of freedom, security and justice // Greater Europe in a global world: new challenges – new solutions / Ed. Al. A. Gromyko. – M.: Institute of Europe RAS, 2013 – pp. 82-93.
4. Kobets P. N. Legal regulation of cooperation between law enforcement agencies of the CIS member states in the fight against human trafficking // Innovative science. – 2017. – T. 2. No. 3. – P. 259.
INTERNATIONAL LAW
BOLOTOVA Altynai Bolotovna
Far East Golden Bridge Co., Limited
ANTI-FOREIGN SANCTIONS LAW OF THE PRC IN THE CONTEXT OF US UNILATERAL ECONOMIC SANCTIONS
The pretext of “threats” serves as a justification for the widespread use of unilateral economic sanctions of the USA. China responds to this by enacting the Anti-Foreign Sanctions Law of the People’s Republic of China, ensuring the right to take “countermeasures” as recognized by international law. While achieving some success, there are still pressing issues to be addressed, such as further clarifying the division of enforcement responsibilities and better reconciling the compatibility of countermeasures under this law with China’s international treaty obligations. This article provides a comprehensive analysis of the Anti-Foreign Sanctions Law of the PRC. The document delves into the legal status and authorization of the Anti-Foreign Sanctions Law, outlining its provisions, application scenarios, and the scope of countermeasures.
Keywords: U.S. unilateral economic sanctions, institutional systems, legality, countermeasures, Anti-Foreign Sanctions Law of the People’s Republic of China.
Bibliography
1. Ma Xin, Xu Zhaoying: “U.S. Financial Sanctions on Russia”, “American Studies”, Issue 5, 2015. 5 期).
2. U.S. International Trade Commission, “Overview and Analysis of Current US Unilateral Economic Sanctions.” [Electronic resouce]. – Access mode: http://www.usitc.gov/publications/docs/pubs/332/PUB3124.
3. Li Bojun: “Research on the Principle of Non-Interference in Internal Affairs – Analysis of International Law and International Relations”, PhD thesis of Wuhan University, April 2005) 关系分析”,武汉大学博士论文,2005年4月).
4. Peng Yue: “Security Exception Issues in the Sino-US Trade War”, “Journal of Wuhan University”, Issue 1, 2019 ,2019年第1期).
INTERNATIONAL LAW
GU Wensho
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
RESOLUTION OF DENUNCIATION DISPUTES IN INTERNATIONAL TREATIES
Based on the analysis of actual court cases regarding denunciation, the author presents a study on the resolution of disputes related to denunciation in international treaties. By examining the legal positions, the author focuses on the resolution of disputes in bilateral investment treaties as the main example of conflict resolutiontion. The author analyzes the approaches of tribunals and commentators after denunciation in the case of bilateral investment treaties, the consideration of claims by international filed courts between the denunciation of the treaty by a state and the date of its withdrawal. Using methods of studying judicial practice and applying case law, the author examines the decision of the International Court of Justice on the territorial and maritime dispute between Nicaragua and Colombia, the denunciation of the American Convention by Trinidad and Tobago, as well as its consequences for Venezuela’s obligations under the competence of the Commission, and the jurisdiction of the Court. The author reaches the following conclusions. There are significant differences in the approaches of tribunals and commentators to issues of consent to the treaty and jurisdiction after its rejection. In the case of bilateral investment treaties, it is necessary to consider the subject matter of the investment agreement before reaching a conclusion for dispute resolution. In any case, the dispute must be resolved before the expiration of the term of the bilateral investment treaty. In the case of Trinidad and Tobago, in accordance with previous court decisions, after the termination of the international treaty by these countries, the court retains jurisdiction to consider cases arising from facts that occurred before the denunciation came into effect. In the case of Venezuela, the author concludes that after the denunciation comes into effect, Venezuela will remain bound by the obligations under the Convention. Based on the results of the court cases, the author concludes that the denouncing state, regarding a breach of the treaty that occurred before the denunciation came into effect, is obliged to comply with the court’s decision and report on the implementation of the court’s decision on interim measures.
Keywords: bilateral investment treaties, Vienna Convention, international treaties, denunciation.
Bibliographic list of articles
1. Brownley Y., Ed.: Tunkin G.I., Petr.: Andrianov S.N. International law: 2 books. – M., 1977. – Book. 1. – 385 p.
2. Voitovich S. A. Distinction between some international legal and civil legal aspects in international investment arbitration // Law. – 2014. – No. 4. – P. 74-79.
3. Garmoza A.P. Arbitration on the basis of international investment agreements: issues of competence. – M.: Infotropik Media, 2012.
4. Efremov L.V. On some issues of application of international treaties on mutual provision of legal assistance in the work of arbitration courts // Bulletin of the Arbitration Court of the Russian Federation. – 2012 – No. 3. – P. 13-17.
5. Korolev M. A. On the issue of the relationship between customary and conventional norms regarding the influence of changed circumstances on the force of an international treaty // MZhMP. – 2013. – No. 3. – P. 12-16.
6. Kurdyukov G.I., Makarova T.N. Law of International Treaties: Textbook. – Kazan, 2010. – 26 p.
7. Talalaev A. N. International treaties in the modern world // Issues of the law of international treaties in the light of the work of the UN Vienna Convention. – M., 2012.
8. Tiunov O. I. The principle of compliance with treaties in international law. – Perm, 2008. – 206 p.
9. Ushakov N. A. Law of international treaties // International law. – M.: “Yurist”, 2012. – P. 212-221.
10. Townsend J. M. The Initiation of Arbitration Proceedings: “My Story Had Been Longer” // ICSID Review – Foreign Investment Law Journal. – 1998. – No. 21. – P. 21-26.
11. Marcelo G. Kohen & Sarah Heathcote, 1969 Vienna Convention, Article 42, Validity and Continuity in Force of Treaties, in The Vienna Convention on the Law of Treaties: A Commentary 1015, 1019–20.
12. Schreuer H. Christoph. The ICSID Convention. A Commentary. – Cambridge, the United Kingdom: Cambridge University Press, 2001.
13. 霍尔吉•孔德西, 熊卫静. [Holgui Condesi, Xiong Weijing]. 最终的决定权:宪法对话与美洲人权法院[Last word: constitutional dialogue and the Inter-American Court of Human Rights] //人权. [Human Right]. – 2021. – No. 3. – P. 170.
INTERNATIONAL LAW
VERETELNIKOVA Polina Pavlovna
student of the Far Eastern Federal University, Vladivostok
ERSHOVA Anna Alexandrovna
student of the Far Eastern Federal University, Vladivostok
KOTIK Anastasiya Olegovna
student of the Far Eastern Federal University, Vladivostok
MASLOV Pavel Nikolaevich
student of the Far Eastern Federal University, Vladivostok
YAROSH Darya Romanovna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF POLITICAL TRADITIONS
The article examines the evolution of the main political traditions – conservatism, liberalism and socialism – and their interaction in the modern political landscape. The author analyzes how these ideologies adapt and blend to form new hybrid forms, such as egalitarian conservative nationalism. Special attention is paid to the impact of globalization, neoliberalism and nationalist tendencies on traditional political structures and their subsequent transformation.
Keywords: conservatism, liberalism, socialism, egalitarian conservative nationalism, political traditions, neoliberalism, nationalism, globalization, political coalitions.
Bibliographic list of articles
1. A. Downs. An economic theory of political action in a democracy // Journal of Political Economy. – 1957. – Vol. 65. – R. 135-150.
2. Matthew H. C. G., McKibbin R. I. and Kay J. A. The franchise factor in the rise of the Labor party // The English Historical Review. – 1976. – Vol. 91. No. 361. – R. 723-752.
3. Oakeshott M. ‘On being conservative’, in Rationalism and Politics and Other Essays. – London: Methuen, 1962.
4. Marquand D. Mammon’s Kingdom: An Essay on Britain, Now, London, Allen Lane, 2014.
INTERNATIONAL LAW
GOMENYUK Viktoriya Anatoljevna
student of the Far Eastern Federal University, Vladivostok
KIRILYUK Anton Vitalievich
student of the Far Eastern Federal University, Vladivostok
KHOLOD Egor Konstantinovich
student of the Far Eastern Federal University, Vladivostok
BURNOS Adelina Viktorovna
student of the Far Eastern Federal University, Vladivostok
NESINA Alina Maksimovna
student of the Far Eastern Federal University, Vladivostok
THE EVOLUTION OF PUBLIC DIPLOMACY: A HISTORICAL OVERVIEW AND MODERN PERSPECTIVES
This study is a comprehensive analysis of the development of public diplomacy (PD) from the beginning of the 20th century to the present. The key concepts and models of PD are considered, including daily, strategic and sustainable communications, as well as the transition from information to relational PD. The influence of international events and technological changes on methods and approaches in public diplomacy is studied. Special attention is paid to the role of the media and social networks in shaping the international image of states. The study also touches on current trends and challenges faced by public diplomacy practitioners in the context of globalization and digitalization.
Keywords: public diplomacy, international relations, media communications, social networks, globalization, information diplomacy, relational diplomacy, international image.
Bibliographic list of articles
1. Anholt S. “Public diplomacy competitive identity: Where’s the link?” In Golan, G., Yang, S., & Kinsey, D. (Eds.), International public relations and public diplomacy. – New York: Peter Lang, 2015. – R. 189-209.
2. Anholt S. Brand new justice: The upside of global marketing. – Oxford: Butterworth, 2003.
3. Anholt, S. “Forward” // Journal of Brand Management. – 2002. – No. 9 (4-5). – R. 229-239.
4. Abbott K. & Snidal D. “Why states act through formal international organizations” // Journal of Conflict Resolution. – 1998. – No. 42 (1). – R. 3-32.
5. Axelrod, R. & Keohane, R. “Achieving cooperation under anarchy: Strategies and institutions.” In Kenneth, O. (ed.), Cooperation under anarchy. – Princeton: Princeton University Press, 1986. – R. 226-254.
6. Ayhan K. Rethinking Korea’s middle power diplomacy as a nation branding project // Korea Observer. – 2019. – No. 50 (1). – R. 1–24.
7. Bennett, L. “Toward a theory of press-state relations in the U.S.” // Journal of Communication. – 1990. – No. 40 (2). – R. 103-125.
8. Choi, G. People, public diplomacy in the age of fourth industrial revolution. – Seoul: Gwangjin Munhwasa, 2018.
9. Coombs W. (2012). Ongoing crisis communication (3rd ed.). Thousand Oaks, CA: Sage.
INTERNATIONAL LAW
ERSHOVA Anna Alexandrovna
student of the Far Eastern Federal University, Vladivostok
MASLOV Pavel Nikolaevich
student of the Far Eastern Federal University, Vladivostok
KOTIK Anastasiya Olegovna
student of the Far Eastern Federal University, Vladivostok
YAROSH Darya Romanovna
student of the Far Eastern Federal University, Vladivostok
VERETELNIKOVA Polina Pavlovna
student of the Far Eastern Federal University, Vladivostok
CHINA’S RISING ECONOMIC POWER AND ITS IMPACT ON THE INTERNATIONAL ORDER
The article examines the impact of China’s rapidly growing militiaary power on the international order and global geopolitical equilibrium. The article analyzes the development of Chinese military strategy and defense investments after the Cold War, especially in the context of the regional confrontation with the United States of America. The consequences of China’s ambitious military initiatives, including the strengthening of its military presence in the South China Sea and the “One Belt, One Road” strategy, are being considered. The article highlights China’s strategic positioning and its impact on existing international relations and military balances.
Keywords: China, military power, international order, South China Sea, United States of America, defense strategy, regional confrontation, global geo equilibriumpolitical, “One Belt, one Road”.
Bibliographic list of articles
1. Kim Kwan-Ok. Study on the US-China Trade War: Focusing on the Analysis of Protectionist Trade Policies of the Trump Administration // International Politics Studies. – 2018. – Vol. 21. – No. 1.
2. Kim Jae-Chul. China and the World: Internationalism, Nationalism, and Foreign Policy. – Paju: Hanul, 2017.
3. Kim Jae-Chul. Equality, the Trade Conflict with the United States, and China’s Dilemma // Middle and Small Studies. – 2019. – Vol. 43. – No. 2. – R. 7-35.
4. Korea Institute for International Economic Policy. 2017. “Retrospect and Prospect on the 15th Anniversary of China’s Accession to the WTO,” KIEP Beijing Office Briefing, [Accessed on January 22, 2020].
5. Guo Shuyong & Ding Weihang. 2019. On the ‘Unprecedented Great Changes in a Century’: The Era’s Connotation and Governance Logic. Social Sciences, Issue 9.
6. Ruan Zongze. 2019. Looking at China-US Relations Beyond the Power Transition Misconception. Global Times, December 24.
INTERNATIONAL LAW
ZHURMAN Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
CHEREMISINA Kristina Maksimovna
student of the Far Eastern Federal University, Vladivostok
PUCHKIN Dmitriy Konstantinovich
magister student of the Far Eastern Federal University, Vladivostok
YUDINA Darya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
magister student of the Far Eastern Federal University, Vladivostok
THE IMPACT OF THE DYNAMICS OF THE CHINESE YUAN EXCHANGE RATE ON INTERNATIONAL TRADE
This article provides an in-depth analysis of the interaction between the Chinese yuan exchange rate and international trade. The study revealed a long-term co-integration relationship between the exchange rate and international trade, emphasizing the importance of strengthening the yuan as a significant factor in economic interactions. The main results indicate that the strengthening of the yuan contributes to an increase in imports while reducing exports, with an exchange rate elasticity of 0.2556 for exports and 1.7648 for imports. However, despite these changes, the strengthening of the yuan has no noticeable effect on improving the trade surplus, which may be due to the dominant role of trade processing in the Liaoning economy. This study offers a new perspective on the role of the exchange rate in international trade and highlights the complexity of interconnections in the global economic environment.
Keywords: exchange rate, Chinese yuan, international trade, Chinese economy, exports, imports, global economy, currency volatility, industry analysis, macroeconomic trends.
Bibliographic list of articles
1. Li Hongbin & Ma Hong, et al. “The impact of the RMB exchange rate on imports and exports of enterprises: an empirical test on a Chinese enterprise,” Journal of Financial Research. – 2011. – No. 2. – P. 21-16.
2. Lu Xiangqian and Dai Guoqiang The impact of fluctuations in the real exchange rate of the yuan on Chinese imports and exports: 1994-2003 // Journal of Economic Research. – 2005. – No. 5. – P. 31-39.
3. Singh T. India’s trade balance: the role of income and exchange rates // Journal of Policy Modeling. – 2002. – No. 24 (5). – pp. 437-452.
4. Shen Guobing, Yang Yi. The relationship between the RMB real effective exchange rate and the balance of payments in China—an analysis based on monthly data 1990-2004. // Journal of the Nanjing CPC Party Institute and the Nanjing Administrative Institute. – 2005. – No. 5. – P. 11-16. (in Chinese)
5. Rose A. K. & Yellen J. L. (1989). Is there a J-curve? // Journal of Monetary Economics. – 1989. – No. 24. – P. 53-68.
6. Rahman M. & Mustafa M. Dances of the real US dollar exchange rate and the real US trade balance // Letters on Applied Economics. – 1996. – No. 3 (12).
7. HowThakker H. S. & Magee S. P. Income and price elasticities in world trade // Review of Economics and Statistics. – 1969. – No. 51 (2). – pp. 111-125.
INTERNATIONAL LAW
KIRILYUK Anton Vitalievich
student of the Far Eastern Federal University, Vladivostok
BURNOS Adelina Viktorovna
student of the Far Eastern Federal University, Vladivostok
KHOLOD Egor Konstantinovich
student of the Far Eastern Federal University, Vladivostok
GOMENYUK Viktoriya Anatoljevna
student of the Far Eastern Federal University, Vladivostok
NESINA Alina Maksimovna
student of the Far Eastern Federal University, Vladivostok
ANALYSIS OF LEGAL AND INSURANCE ASPECTS OF MARITIME CARGO TRANSPORTATION
This article provides a comprehensive analysis of the legal and insurance aspects related to maritime transport. The role of the bill of lading as a key document in maritime transportation is considered, special attention is paid to the analysis of unknown words and conditions in the bill of lading and their legal meaning. The focus is on international rules and legislation governing maritime transport, including the Hague, Hague-Visby and Hamburg Rules. Special attention is paid to marine insurance, including hull insurance and ship owners liability insurance (P&I insurance), as well as the role of insurance in risk management in maritime transportation.
Keywords: maritime transport, bill of lading, international maritime law, unknown words and conditions, insurance in maritime transport, Hamburg rules, P&I insurance, risk management in maritime transport.
Bibliographic list of articles
1. Lee Won Chong. Beginning of the insurance period in marine cargo insurance // Journal of the Korean Society of Maritime Law. – 2019. – Volume 41. – No. 1.
2. Chan Sang-kyun. Limitation of liability of the sea carrier for packaging // Journal of the Korean Society of Maritime Law. – 2004. – Volume 26. – No. 2.
3. Park Se Min. Comparative analysis of the provisions of the COOP ship collision insurance policy and the standard ship insurance policy of 1983 // Journal of the Korean Society of Maritime Law. – 2017. – Volume 39. – No. 1.
4. Choi Jung Hyun. Directions for the development of Korean maritime law // Journal of the Korean Society of Maritime Law. – 2009. – Volume 31. – No. 1.
5. Lee Ki-soo and Shin Chan-seop. International law of commercial transactions. – 7th edition. Sechan Publishing House, 2019.
6. Insurance law. – 5th edition. Pakyeonsa Publishing House, 2020.
7. Carol Murray. Schmithoff’s Export Trade: The Law and Practice of International Trade. 11th edition. Sweet & Maxwell, 2009.
8. Kim Sang Man and Kim Jongho. Legal effect of an unknown condition in a bill of lading in accordance with international rules // North Carolina Journal of International Law. – 2016. – Volume 42. – No. 1.
INTERNATIONAL LAW
KUTSEPALOVA Valeriya Sergeevna
student of the Far Eastern Federal University, Vladivostok
MASTYUKOVA Irina Igorevna
student of the Far Eastern Federal University, Vladivostok
BABICHEVA Anastasiya Sergeevna
student of the Far Eastern Federal University, Vladivostok
VINOGRADOVA Sofya Alekseevna
student of the Far Eastern Federal University, Vladivostok
PESTRETSOV Ivan Vyacheslavovich
student of the Far Eastern Federal University, Vladivostok
CONCEPTS AND CHARACTERISTICS OF PUBLIC AND LOCAL DIPLOMACY
This article examines the development and key aspects of public and local diplomacy in the context of modern international relations. The main attention is paid to the evolution of the concepts of public and local diplomacy, their significance in the context of globalization and technological changes. New forms of international interaction and cooperation arising from the active participation of various levels of government and non-state actors in the international arena are analyzed.
Keywords: public diplomacy, local diplomacy, international relations, globalization, international cooperation, urban diplomacy, parallel diplomacy, subnational diplomacy.
Bibliographic list of articles
1. Kim Sang-bae. (2013). “Theories of Public Diplomacy of Middle Powers: A Perspective of Attraction and Network”. In “Public Diplomacy of Middle Powers”, pp. 11-46.
2. Kim Jun-hyung. (2018). “The Beginning and the Path Forward for ‘People’s Diplomacy'”. In “Public Diplomacy of Middle Powers”, Jeju Peace Research Institute. No. 2018-07/08/09: 3-6.
3. Song Gi-don. (2016). “Institutionalization of City Diplomacy through International Organizations of Local Governments: A Case Study of the United Cities and Local Governments (UCLG)”. “Korean Journal of Local Government & Administration Studies”. 30(4): 113-138.
4. Song Gi-don. (2017). “International Organizations of Local Governments, Leverage for City Diplomacy Strategy: Focusing on UCLG (United Cities and Local Governments)”. “Globalized Cities”. Seoul Research Institute. Vol.18: 54-67.
5. Lee Kwang-seok & Kim Yong-chan. (2010). “The Current Status and Challenges for the Reestablishment of International Administration: Focusing on International Administration Education and Research in Korea.” Seoul Administrative Society Winter Conference Proceedings. pp. 197-216.
6. Ha Young-sun & Namgung Gon (Eds.). (2012). “Transformation of World Politics”. 2nd Edition. Eulyoo Publishing.
7. Ministry of Foreign Affairs of the Republic of Korea, National Diplomacy Center. [Electronic resource]. – Access mode: http://www.mofa.go.kr/www/wpge/m_2094.
8. Acuto, Michele et al. (2018). “Toward City Diplomacy: Assessing Capacity in Select Global Cities.” Chicago Council on Global Affairs.
INTERNATIONAL LAW
MASTYUKOVA Irina Igorevna
student of the Far Eastern Federal University, Vladivostok
BABICHEVA Anastasiya Sergeevna
student of the Far Eastern Federal University, Vladivostok
PESTRETSOV Ivan Vyacheslavovich
student of the Far Eastern Federal University, Vladivostok
KUTSEPALOVA Valeriya Sergeevna
student of the Far Eastern Federal University, Vladivostok
VINOGRADOVA Sofya Alekseevna
student of the Far Eastern Federal University, Vladivostok
DYNAMICS OF INTERACTION BETWEEN INTERNATIONAL LAW AND INTERNATIONAL RELATIONS: ANALYSIS OF THE DISPUTE OVER THE DOKDO/TAKESHIMA
This article explores the complex interaction between international law and international relations, analyzes the example of the dispute between South Korea and Japan over the Dokdo Islands/Takeshima. The article highlights the evolution of the perception of international law and its role in international relations since the middle of the 20th century. Special attention is paid to the concept of “effective occupation” and its application within the framework of international law, as well as the legal and political aspects of the disputed issue of sovereignty over the islands are analyzed.
Keywords: international law, international relations, dispute over the Dokdo/Takeshima, effective occupation, sovereignty, international disputes, territorial claims.
Bibliographic list of articles
1. Oona A. Hathaway and Harold Hongju Koh, Foundations of International Law, and Politics. -New York, NY: Foundation Press, 2005. – R. 1-3.
2. Yasuaki Onuma, “Law and Politics in the International Community,” Law and Politics in the International Community-100 Years of Japan and International Law 1 [in Japanese]. -Tokyo: Sanseito, 2001, – R. 1-34.
3. Yasuaki Onuma. Inter-civilizational Law: Cases and Materials. – Tokyo: Toshinto, 1996. – R. 26-27.
4. Kim Chai-Hyung. Sovereignty over Dokdo in the San Francisco Peace Treaty // Korean Journal of International Law 52. – 2007. – No. 3. – R. 103-124.
5. Shigeki Sakamoto. Maritime Boundary Delimitation and Territorial Disputes [in Japanese], International Law of Maritime Boundary Delimitation, eds. Shinya Murase and Junichi Eto. -Tokyo: Toshinto, 2008. – R. 57.
6. Kim Charn-Kiu. Dokdo Is Our Territory // Segye Times. – 2009. – January 7.
7. Korea Herald, September 10, 2012.
8. Letter of Exchange on the Bringing of the Dokdo Issue before the ICJ, October 28, 1954.
9. Bogaturov A. International Relations Theory: A Russian View. – Moscow: MGIMO-University, 2010.
10. Sarah E. Mendelson and John K. Glenn, eds. The Power and Limits of NGOs: A Critical Look at Building Democracy in Eastern Europe and Eurasia. – New York: Columbia University Press, 2002.
INTERNATIONAL LAW
SKAZIN Nikita Andreevich
magister student of the Far Eastern Federal University, Vladivostok
BRYKOVA Darya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
KARAGODINA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
RYMAR Boris Nikolaevich
student of the Far Eastern Federal University, Vladivostok
SVISTAK Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
THE FEDERAL RESERVE SYSTEM AND ITS INSTITUTIONAL RELATIONS: AN ANALYSIS OF POLITICAL INDEPENDENCE AND RESPONSIBILITY
The article analyzes the position of the US Federal Reserve System (FRS) in the context of its institutional relations and political independence. The historical development and changes in legislation defining the structure and functioning of the Federal Reserve are considered. Special attention is paid to the interaction of the Fed with the executive and legislative authorities, as well as aspects of political responsibility and control. The key moments in the history of the Federal Reserve affecting its operational independence and relationship with the federal government are analyzed.
Keywords: Federal Reserve system, political independence, institutional relations, monetary policy, federal government, legislative power, executive power, control and responsibility.
Bibliographic list of articles
1. Binder, S., & Spindel, M. (2019). Independence and the Fed. [Electronic resource]. – Access mode: www.ncbi.nlm.nih.gov
2. Conti-Brown, P. (2015). The Institutions of Federal Reserve Independence. Yale University. An analysis of the mechanisms through which the Federal Reserve shapes national and global economic policy.
3. Conti-Brown, P. (2015). The Power and Independence of the Federal Reserve. [Electronic resource]. – Access mode: www.semanticscholar.org.
4. Smirnova E. A. Monetary policy of the US Federal Reserve System: continuity and innovation. – Moscow: Publishing House “Economy”, 2018.
5. Ivanov V.V., & Petrova I. S. The US Federal Reserve System and its role in the global financial system. – St. Petersburg: St. Petersburg State University Publishing House, 2019.
6. Kuznetsova O. V. The Federal Reserve System and its Impact on the World Economy. – Moscow: Infra-M, 2020.
INTERNATIONAL LAW
UTVA Irina Sergeevna
student of the Far Eastern Federal University, Vladivostok
RUBAN Polina Olegovna
student of the Far Eastern Federal University, Vladivostok
“VIRTUAL” STATES AS AN ATYPICAL SUBJECT OF INTERNATIONAL LAW
The article considers such an atypical subject of international law as “virtual” states and indicates the possibility of their recognition in science. The existing “virtual states” are indicated, their history and current situation are revealed. The authors indicate the signs characterizing microstates as a state in the usual sense, as well as problems arising from the uncertainty of international law, the openness of the list of its subjects and the uncertainty of the legal status of “virtual” states. The analysis of the existence of “virtual” states in the legal aspect, as well as the ways of their development, is given.
Keywords: subject of international law, “virtual” states, microstates, international law.
Bibliographic list of articles
1. Chertilin V. S. “Virtual” states as subjects of international law // XIV All-Russian Conference on National and International Law. – 2019. – No. 341.1/8. – pp. 112-214.
INTERNATIONAL LAW
CHEREMISINA Kristina Maksimovna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
magister student of the Far Eastern Federal University, Vladivostok
PUCHKIN Dmitriy Konstantinovich
magister student of the Far Eastern Federal University, Vladivostok
YUDINA Darya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
ZHURMAN Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
THE PROCESS OF ADAPTING RUSSIAN LABOR LAWS TO INTERNATIONAL STANDARDS
This article touches on the topic of the transformation of Russian labor legislation under the influence of international standards. She analyzes the historical path that Russia has paved in integrating global labor standards, from the post-revolutionary period to the present day. Special attention is paid to the impact of the conventions of the International Labor Organization (ILO), the socio-economic changes introduced and the current challenges faced by labor legislation in the era of globalization and the changing world order.
Keywords: global labor standards, labor law reforms, Russian labor laws, the impact of the ILO, socio-economic transformations, the era of globalization, workers’ rights, legislative changes.
Bibliographic list of articles
1. Labor Code of the Russian Federation dated December 30December 2001 No. 197-FZ (latest edition).
2. Kozlova E. I., Kutafin O. E. Constitutional law of Russia: Textbook. – M.: Yurist, 2006.
3. Rybakov V. A. International labor law. – M.: Beck, 1998.
4. Trebilcock, A. The International Labor Organization and the Quest for Social Justice, 1919-2009. – Ithaca: Cornell University Press, 2009.
5. Sinyushina O. F. History of the emergence of the employment contract // Young scientist. — 2020. — No. 48 (338). — pp. 338-341.
6. Livshits R.Z. Labor legislation of Russia. Legislative acts and comments / R. Z. Livshits, O. S. Khokhryakova // Profstroy. – 1993. – P. 170.
7. Code of Labor Laws of the RSFSR of December 9, 1971 // Gazette of the Supreme Soviet of the RSFSR. – 1971. – No. 50. – Art. 1007.
INTERNATIONAL LAW
PRIDANTSEVA Darya Sergeevna
postgraduate student of International law sub-faculty of the Moscow State Institute of International Relations (University) of the MFA of Russia
THE CONCEPT AND REGULATORY REGULATION OF CONSULAR ASSISTANCE IN RUSSIAN LAW
This scientific article is devoted to the analysis of the concept and legal nature of consular protection in the context of national law. The article considers key aspects of consular protection, its significance and functions, and also compares the approaches of various Russian scientists to determine the legal nature of the institution. Special attention is paid to the analysis of Russian legislation, including new editions of laws, as well as the Concept of Foreign Policy of the Russian Federation 2023. This article is considered not only the most basic federal laws governing consular assistance in Russian law, but also those that either indirectly regulate the institution or are not always mentioned in textbooks.
Keywords: consular assistance, consular functions, history of development of the institute of consular assistance, consular officers, consular protection.
Bibliographic list of articles
1. Blishchenko I.P. Diplomatic law: Textbook. Benefit. – M.: Higher school, 1990.
2. Bobylev G.V. Consular law: Textbook. Benefit. – M.: MGIMO-University, 2007.
3. Vedel I. A. Diplomatic protection and consular assistance in international law. – M.: Prospekt, 2018.
4. Durdenevsky V. N. Consular conventions and treaties of the USSR 1957-1959. // Soviet Yearbook of International Law. – 1961. – M.: USSR Academy of Sciences, 1962.
5. Ilyin Yu. D. Main trends in the development of consular law. – M.: Legal. literature, 1969.
6. Kolosov Yu. M. Current international law: Textbook / Kolosov Yu. M., Krivchikova E. S. – M.: Publishing house. Moscow International Law Association (IAL), 2002.
7. Lapin G. E. Consular service: Textbook. allowance. – M.: International Relations, 2012.
8. Lebedeva O. V. Consular service of the Russian Federation at the present stage: Textbook. manual for university students. – M.: Aspect Press Publishing House, 2018.
9. Nagieva A. A. Diplomatic protection: Textbook. – M., 2019.
10. Plotnikova O. V. Consular relations and consular law: Textbook for universities. – M.: Publishing group NORMA-INFRA M, 1999.
11. Popov V.I. Modern diplomacy: theory and practice: diplomacy – science and art / Diplomatic acad. Russian Foreign Ministry. – Ed. 2nd, add. – M.: International Relations, 2010.
12. Torkunov A.V. Diplomatic service. Monograph / Ed. A.V. Torkunova. – M.: “Russian Political Encyclopedia” (ROSSPEN), 2002.
13. Bezborodov Yu. S. Rec. on the book: Vedel I.A. Diplomatic protection and consular assistance in international law. Diplomatic protection and consular assistance in international law. – M.: Prospekt, 2018. – 176 p. // Electronic supplement to the Russian Legal Journal. – 2020. – No. 1.
14. Adzhikhalilova Z. M. Main directions and methods of diplomatic and consular protection of human rights // Young scientist. – 2023. – No. 31 (478).
15. Vedel I. A. Some questions about measures and means of diplomatic protection // Russian legal journal. – 2013. – No. 6 (93).
16. Vedel I. A. Diplomatic protection and consular assistance: the relationship between international and domestic legal regulation // Russian Legal Journal. – 2015. – No. 2 (101).
17. Nagieva A. A. Personal immunity of employees of a diplomatic mission: current international legal issues // Moscow Journal of International Law. – 2022. – No. 1.
18. Nagieva A. A. Trends in the development of consular relations of the Russian Federation with the CIS member states // Electronic supplement to the Russian Legal Journal. – 2023. – No. 1.
19. Omirbay J. The roles of honorary consuls in modern diplomatic relations // Law and power. – 2023. – No. 1.
20. Cherednichenko E. A. Features of the legal status of the implementation of deactivities of consular institutions // Student Forum. – 2019. – No. 41-3 (92). – pp. 46-49.
21. Official website of the Ministry of Foreign Affairs of the Russian Federation. – [Electronic resource]. – Access mode: http://www.mid.ru/ru/activity/review.
22. Official website of the Consular Department of the Russian Ministry of Foreign Affairs. – [Electronic resource]. – Access mode: https://www.kdmid.ru.
INTERNATIONAL PRIVATE LAW
GALEEVA Alina Almirovna
Chief Specialist of the Human Resources Department of the Prosecutor’s Office of the Republic of Bashkortostan
DEMIDOVA Tatyana Konstantinovna
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty of the Ufa University of the Sciences and Technology
VASILJEV Alexander Viktorovich
Ph.D. in political sciences, associate professor, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University, associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of the Sciences and Technology
RUSSIA’S ROLE IN THE ECONOMIC AND POLITICAL DEVELOPMENT OF CENTRAL ASIA: TRADE, ENERGY AND SECURITY
This article examines the role and influence of Russia on the economic and political development of the countries of Central Asia. The authors analyze in detail the dynamics of trade relations, energy projects and infrastructure investments of Russia in the region, emphasizing its importance in strengthening economic stability and cooperation in Central Asia.
The article also touches on issues of regional security and Russia’s role in maintaining stability and combating challenges, such as Islamist infiltration and drug trafficking, as well as in managing migration flows.
Keywords: geopolitical dynamics, Russian economic role in the region, energy strategies, regional security, trade relations, economic interaction, Russian influence.
Bibliographic list of articles
1. Tsygankov A. P. Russia’s foreign policy: change and continuity in national identity. Rowman & Littlefield, 2016.
2. Laruelle M. Russian Policy on Central Asia and the Role of Russian Nationalism. Silk Road Papers. Central Asia and Caucasus Institute. Washington, D.C., 2008.
3. Crane K., Peterson D. J. and Oliker O. Russian Investment in the Commonwealth of Independent States // Eurasian Geography and Economics. – 2005. – Vol. 46. – No. 6. – R. 405-444.
INTERNATIONAL PRIVATE LAW
STRUGOVETS Liliya Alexandrovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, lawyer
LEGISLATIVE INITIATIVES OF THE EAEU IN THE SPHERE OF CLIMATE PROTECTION
The article deals with the legislative initiatives of the EAEU countries aimed at climate protection. It reveals the importance of international cooperation in achieving sustainable development goals, analyzes the effectiveness of existing legislation aimed at climate protection, suggests ways to improve the legislative framework of the EAEU, as well as ways to identify and manage potential risks that lead to changes in policy and legislation on climate protection.
Keywords: climate change, legislative initiatives, carbon emission reduction, decarbonisation, sustainable development, climate legislation, climate governance.
Bibliographic list of articles
1. Glazyev S. Yu. On the strategic directions of development of the EAEU // Eurasian integration: economics, law, politics. – 2020. – No. 1 (31). – P. 11-30.
2. Efimtseva T.V. Some approaches to solving energy and environmental issues in the legislation of integration associations (on the example of the European Union and the Eurasian Economic Union) // Lex russica. – 2019. – No. 8. – P. 164-178.
3. Zakharin A. N., Kolesnikova K. V. Integration of legal regulation of rational environmental management and environmental protection in the legislation of the EAEU: state and prospects // Humanitarian and legal studies. – 2020. – No. 3. – P. 135-142.
4. Klepach A. N. Strategic initiatives and prospects for interaction between the EAEU countries in the fight against climate change and environmental challenges. Report by VEB Institute of Analysis and Expertise, 2021. – 50 pp.
5. Cleandrov M. I. Fundamentals of legal regulation of “green” financing in Russia and the European Union / M. I. Cleandrov, E. E. Frolova, E. P. Ermakova. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2021. – 74 p.
6. Kurbanov E. A., Fominykh A. E. Climate problems and ecologistsand in the interaction of the European Union and Russia: prospects for scientific and educational cooperation // West – East. 2019. – No. 12. – P. 175-187.
7. Myasnikovich M., Kovalev V. New pages of integration in the Eurasian Economic Union // “Russia in global politics”. – 2023. – T. XXI. No. 2. – pp. 207-218.
8. Samtsova D. Trends and promising directions of the “green” economy in the EAEU countries // Bulletin of the Kyrgyz National University named after Zhusup Balasagyn. – 2021. – No. 2 (106). – pp. 154-161.
9. Skobelev D., Volosatova A., Guseva T., Panova S. Application of the concept of the best available technologies in various green financing systems: international experience and prospects for use in the member states of the Eurasian Economic Union. “Green” integration and the formation of a single sustainable development space in the EAEU format // Bulletin of Eurasian Science. – 2022. – T. XIV. No. 2. – P. 19.
INTERNATIONAL PRIVATE LAW
BIKCHENTEEVA Sophia Rashidovna
fourth year bachelor’s degree student of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
GLINSHCHIKOVA Tatyana Vadimovna
PhD in Law, associate professor, associate professor of Private and business law sub-faculty of the I. T. Trubilin Kuban State Agricultural University
ROMANENKO Alina Andreevna
fourth year bachelor’s degree student of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
THE THEORY OF CHARACTERISTIC EXECUTION AS THE MAIN CRITERION FOR DETERMINING THE APPLICABLE LAW IN MODERN RUSSIAN AND FOREIGN CONFLICT OF LAWS
The author of the scientific article analyzes the Russian and foreign conflict of laws in terms of the issue of choosing the applicable law to regulate legal relations in which an agreement on such has not been reached. It was concluded that the theory of characteristic execution was gradually “introduced” into European law, and the conflict of laws bindings were modified. Speaking about domestic legislation, the process of transition from the use of the conflict of laws binding “place of performance of the obligation” to the theory of characteristic performance was abrupt. However, the criterion of characteristic performance is one of the main ones that allows you to balance strict rules and dispositive principles.
Keywords: theory of characteristic execution, applicable law, conflict of laws binding, agreement.
Bibliographic list of articles
1. Glinshchikova T.V., Vinogradov D.A. Development of international legal regulation of maritime carrier liability // Problems of economics and legal practice. – 2021. – T. 17. – No. 3.
2. Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [Electronic resource] – Access mode: http://eulaw.edu.ru/documents/legislation/ collision/dogovornoe.htm.
3. Novikova T.V. Formation of the principle of the closest connection in international private law // Bulletin of Omsk University. Series “Law”. – 2021. – T. 18. – No. 1. – P. 35-46.
INTERNATIONAL PRIVATE LAW
VERKHOTUROVA Darya Alekseevna
student of the Far Eastern Federal University, Vladivostok
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
VDOVENKOVA Olga Viktorovna
student of the Far Eastern Federal University, Vladivostok
BELOUSOV Nikita Alekseevich
student of the Far Eastern Federal University, Vladivostok
KHLYUPOV Ilya Viktorovich
student of the Far Eastern Federal University, Vladivostok
TRANSFORMING GLOBAL GOVERNANCE: REFORM OF THE INTERNATIONAL ECONOMIC SYSTEM IN THE ERA OF SUSTAINABLE DEVELOPMENT
This article examines the need for deep reform of the international economic system in the context of modern global challenges such as climate change and sustainable development. The relationship between current economic structures and inefficiency in solving global problems is being investigated. The role of international financial institutions, such as the IMF and multilateral development banks, in ensuring sustainable development and combating climate change is analyzed. Concrete steps are proposed to reform global governance, including strengthening international cooperation and coordination, as well as developing new financial mechanisms and strategies to support sustainable development.
Keywords: sustainable development, international economic governance, IMF reform, climate change, global governance, multilateral ddevelopment banks, global cooperation, economic systems, international finance, sustainability policy.
Bibliographic list of articles
1. Brundtland, G.H. (ed., 1987). Report of the World Commission on Environment and Development: Our Common Future. United Nations.
2. Connell, C.M. (2014). Monetary Reform and the Bellagio Group. Routledge.
3. De Larosière, J. (2022). En finir avec le règne de l’illusion financière. Pour une croissance réelle. Odile Jacob.
4. Georgiou, C. Corporate power and the resolution of the Eurozone crisis, in Politique Européenne. – 2022. – Vol. 77. – R. 66.
5. Andrews, D. (2021). Reallocating SDRs to Multilateral Development Banks or other Prescribed Holders of SDRs. Center for Global Development. [Electronic resource]. – Access mode: https://www.cgdev.org/publication/reallocating-sdrs-multilateral-development-banks-or-other-prescribed-holders-sdrs.
INTERNATIONAL PRIVATE LAW
KUNGUROVA Alexandra Alexandrovna
student of the Far Eastern Federal University, Vladivostok
KAZIMOV Amin Ilyasovich
student of the Far Eastern Federal University, Vladivostok
GORYACHKINA Maria Mikhaylovna
student of the Far Eastern Federal University, Vladivostok
TUROV Stepan Evgenjevich
student of the Far Eastern Federal University, Vladivostok
SOFRINA Alina Alekseevna
student of the Far Eastern Federal University, Vladivostok
REFORM OF THE INTERNATIONAL MONETARY SYSTEM: THE ROLE AND PROSPECTS OF SPECIAL DRAWING RIGHTS (SDR)
This article examines the role of Special Drawing Rights (SDRs) in the context of the reform of the international monetary system (IMS). SDR, as an instrument of the International Monetary Fund (IMF), was originally intended to support global liquidity and financial stability. Given the economic challenges of recent decades, including the global financial crises and the COVID-19 pandemic, it becomes obvious that the SDR functions need to be rethought and expanded. The article analyzes potential ways to reform the Ministry of Internal Affairs, with an emphasis on using the SDR as a tool to support sustainable development, reduce global economic inequality and strengthen global economic cooperation.
Keywords: special drawing rights, International Monetary Fund, international monetary system, global liquidity, financial stability, sustainable development, economic inequality, global cooperation, financial crises.
Bibliographic list of articles
1. Kaul I., Grunberg I. and Stern M. A. Global Public Good: International Cooperation in the 21st Century. – Oxford: University Press, 1999.
2. Masini F. Time for a Next Generation Africa // Perspectives on Federalism. – 2022. – Vol. 14. – No. 1, 1.
3. Pigou A.C. (1920). The Economics of Welfare. MacMillan.
4. C. (2021). The systemic instability of ballooning Global Liquidity as a symptom of the worsening of the Triffin Dilemma. Robert Triffin International Paper.
INTERNATIONAL PRIVATE LAW
TUROV Stepan Evgenjevich
student of the Far Eastern Federal University, Vladivostok
KUNGUROVA Alexandra Alexandrovna
student of the Far Eastern Federal University, Vladivostok
GORYACHKINA Maria Mikhaylovna
student of the Far Eastern Federal University, Vladivostok
SOFRINA Alina Alekseevna
student of the Far Eastern Federal University, Vladivostok
KAZIMOV Amin Ilyasovich
student of the Far Eastern Federal University, Vladivostok
LEGAL ASPECTS OF INTERNATIONAL TRANSPORT LIABILITY: ANALYSIS OF THE HAGUE, HAGUE-VISBY, HAMBURG AND ROTTERDAM RULES
This article discusses key aspects of the international rules for the carriage of goods by sea, including The Hague, Hague-Visby, Hamburg and Rotterdam Rules. The main focus is on analyzing the liability of carriers and the use of letters of guarantee for damaged goods (Letter of Indemnity, LOI) in the context of these rules. The article provides an in-depth analysis of the limitations of liability established by international agreements and examines the legal force and practical application of LOI in international trade.
Keywords: Hague rules, Hamburg rules, Rotterdam rules, letter of guarantee, letter of indemnity, international trade, carrier’s liability, legal aspects of transportation.
Bibliographic list of articles
1. Kim Inhyun. Comparative study of maritime transport law of the USA and Korea // Journal of the Korean Maritime Societyskogo law. – 2004. – Volume 26. – Issue 2.
2. Kim Inhyun. Changes and significance of the 2007 edition of the Maritime Part of the Commercial Law // Journal of the Korean Society of Maritime Law. – Volume 31. – Issue 1. Korean Society of Maritime Law, 2009.
3. Kim Inhyun. Legal aspects of the substitution of the insurer and the effect of ignorance clauses in the bill of lading (Decision of the Supreme Court of September 7, 2017, case 2017다234217). Research of commercial judicial precedent. Volume 31. Issue 4. Korean Society of Commercial Litigation, 2018.
4. Kim Inhyun. Maritime law. 5th edition, 법문사, 2018.
5. Kim Sangman. A study of the applicability of packaging liability limitations to ocean carriers issuing bills of lading with insufficient information. Study of international trade law. Volume 19. Issue 2. Korean Society of International Trade Law, 2010.
EUROPEAN LAW
KARAGODINA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
SKAZIN Nikita Andreevich
magister student of the Far Eastern Federal University, Vladivostok
BRYKOVA Darya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
SVISTAK Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
RYMAR Boris Nikolaevich
student of the Far Eastern Federal University, Vladivostok
ECONOMIC AND MONETARY UNION IN EUROPE: INSTITUTIONAL TRANSITIONS AND POLITICAL CHALLENGES
This article examines the evolution of the Economic and Monetary Union (EMU) in Europe, with special emphasis on institutional transitions and political challenges that have arisen in the process of its development. The main focus is on analyzing the transition from Werner’s initial ideas to Delors’ concept, discussing the problem of central bank independence and the impact of national policies on the EU’s overall economic strategy. Both historical and modern aspects of the EMU are analyzed, emphasizing the complexities and trade-offs associated with the integration of various economic policies into a single European space.
Keywords: Economic and Monetary Union, European Union, institutional changes, political challenges, central bank independence, national economic policy, integration, Werner report, Delors report.
Bibliographic list of articles
1. Beck T., Cull R., & Jerome A. T. Bank Privatization and Performance: Empirical Evidence from Nigeria. // World Bank Policy Research Working Paper. – 2005. – No. 3511.
2. Frankel J., & Romer D. Does Trade Cause Growth // American Economic Review. – 1999. – No. 89. – R. 379-399.
3. Aghion P., Caroli E., & Garcia-Penalosa C. Inequality and Economic Growth: The Perspective of the New Growth Theories // Journal of Economic Literature. – 1999. – Vol. 37. No. 4. – R. 1615-1660.
4. Williamson O. The New Institutional Economics: Taking Stock, Looking Ahead // The Journal of Economic Literature. – 2000. – Vol. 38. No. 3. – R. 595-613.
5. Nissanke M., & Sindzingre A. Institutional Foundations for Shared Growth in Sub-Saharan Africa // African Development Review. – 2006. – Vol. 18. No. 3. – R. 353-391.
6. Adebiyi M. A., & Babatope-Obasa B. (2004). Institutional Framework, Interest Rate Policy and the Financing of the Nigerian Manufacturing Sub-Sector. Paper presented at the African Development and Poverty Reduction: The Macro-Micro Linkage Forum.
7. Honohan P., & Beck T. (2007). Making Finance Work for Africa. World Bank Publications; The World Bank, No. 6626, March.
THEORY OF STATE AND LAW
AZAROV Vitaliy Vladimirovich
lecturer of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
THE PROBLEM OF DIGITAL LEGISLATION IN THE INFORMATION SPACE OF THE RUSSIAN FEDERATION
The article examines the problems of digital relations in the Russian Federation. The purpose of the study is to analyze the problems of digital legislation and propose ways to solve them.
Two main legal acts were considered and analyzed, according to which it was revealed that the object of regulation is any information, and not only that which is accessed exclusively on the Internet, the existence of which presupposes human interaction within cyberspace.
Virtual relationships incorporate the relations of existing branches of law, which indicates their universality, complexity, but at the same time deprives them of a potential chance to accurately determine the object of legal regulation and leave these relations currently only in the plane of the branch oflegislation, the system of legislation from normative legal acts regulating aspects of the relations under consideration.
Legislation in the field of digital technologies is still under development and requires constant updating and adaptation to new conditions. In this regard, the development of the so-called “Digital Code” in the field of legislation will meet the requirements of digital relationships in information technology in the Russian Federation.
Keywords: space, technologies, information, information security, legislation, relationships.
Bibliographic list of articles
1. Kovalenko A. Yu. Complex branches of law at the present stage of development of the Russian legal system // News of the Irkutsk State Economic Academy. – 2013. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompleksnye-otrasli-prava-na-sovremennom-etape-razvitiya-sistemy-rossiyskogo-prava (date of access: 11/13/2023).
THEORY OF STATE AND LAW
PROTOPOPOVA Tatyana Vitaljevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
TARKOVA Irina Alexandrovna
student of the 3rd course of the direction “Jurisprudence” of the Institute of Law of the Siberian Federal University
FAME AS A LEGAL CATEGORY
The modern world possesses complex sociocultural aspects, including the concepts of popularity and fame. This article explores the legal aspects of fame in the Russian Federation, highlighting its role in legal relations. The focus is on differentiating between popularity and fame, while also examining their interrelation through the prism of various explanatory dictionaries of the Russian language. Within the framework of cultural-philosophical sources, the moral and social aspects of popularity are discussed. Different authors approach this phenomenon from various perspectives, addressing questions of deserved fame, greatness, and moral foundations. In recent years, fame has become a separate subject of research; contemporary authors pay attention to its widespread recognition and prevalence among a large audience.
Keywords: fame, popularity, glory, recognition, legal category, legal regulation, welfare.
Bibliographic list of articles
1. Blinkova I. S. The phenomenon of popularity in the performing arts: cultural aspect. Based on materials from children’s musical theater: dis. …cand. Philol. Sciences: 24.00.01. – Tambov, 1999. – 176 p.
2. Verkholetov M. A. On the relationship between rights to commercial designations and other means of individualization // Mari Legal Bulletin. – No. 1 (12). – 2015. – pp. 105-111.
3. Gavrilov E. P. Commentary on paragraph 9 of Article 1483 of the Civil Code of the Russian Federation // Patents and licenses. – 2017. – No. 8. – P. 2-10.
4. Kant I. Anthropology from a pragmatic point of view. – St. Petersburg: Nauka, 1999. – 471 p.
5. Machiavelli N. The Sovereign. Reflections on the first decade of Titus Livius. – M.: AST, 2008. – 461 p.
6. Montaigne M. Experiments: in 3 books, comp., preface, trans. from fr. A. S. Bobovich. – Kaliningrad: Amber Tale, 1997. – Book. 1. – 304 pp.
7. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. 4th ed. – M., 1997. – 939 p.
THEORY OF STATE AND LAW
PRYS Irina Evgenjevna
Ph.D. in Law, associate professor of Theory of state and law, international and European law sub-faculty of the Academy of the FPS of Russia
FUNDAMENTALS OF PROFESSIONAL AND PEDAGOGICAL ACTIVITY IN THE PROCESS OF TEACHING GENERAL THEORETICAL LEGAL DISCIPLINES IN THE CONTEXT OF DEPARTMENTAL EDUCATION
The author of the article reveals the foundations and prospects for the development of professional-pedagogical activity, which are realized in the process of teaching general theoretical disciplines in the conditions of departmental education. The relevant activity became part of the state program of the year of teacher and mentor announced by the President in 2003. The professional activity of a teacher has been analyzed from the moment of its inception to the present day. The author, in order to increase its effectiveness, makes suggestions and recommendations. Reveals its role and importance in general for educational activities nowadays.
Keywords: Teacher, mentor, educational process, president, higher education, trainees, discipline, society, program, requirements, skills, knowledge, skills, practice.
Bibliographic list of articles
1. Prys E. V. Law enforcement activities of the prosecutor’s office of the Russian Federation and foreign countries: training manualbee. – Ryazan, 2018.
2. Aleshugina E. A., Vaganova O. I., Prokhorova M. P. Methods and means of assessing the educational results of university students // Problems of modern pedagogical education. – 2018. – No. 59-3. – pp. 13-16.
3. Loshkareva D. A., Aleshugina E. A., Vaganova O. I., Kutepova L. I. Contextual approach to professional education // Problems of modern pedagogical education. – 2018. – No. 58-3. C. – 169-172.
4. Lapova A.V., Koldina M.I., Peskova N.V. Forecasting activity of a teacher of vocational training // Problems of modern pedagogical education. – 2018. – No. 59-4. – pp. 44-47.
THEORY OF STATE AND LAW
ROMANOVSKAYA Lyubava Rostislavovna
Ph.D. in Law, associate professor of Constitutional and municipal law sub-faculty of the Faculty of Law of the N. I. Lobachevskiy Nizhny Novgorod State University
AI AND HUMAN RIGHTS: PROBLEMS OF CORRELATION
The article is devoted to topical issues of the evolution of the concept of human rights in the era of artificial intelligence. Three aspects of the correlation of these categories are considered: the benefits for ensuring and protecting human rights from the introduction of AI technologies, possible risks and dangers, the problem of determining the legal personality of AI (its carrier, unit). In the context of the universal legal regulation of the use of AI, a general analysis of the EU Law on Artificial Intelligence (AI Act) is given. It is concluded that it is necessary to unite the efforts of the entire world community to solve the problems arising from the introduction of AI technologies and the predicted emergence of a “strong” AI capable of cognitive thinking, independent goal-setting and autonomy.
Keywords: human rights, artificial intelligence, information society, cybersecurity, “electronic person”, digital human rights.
Bibliographic list of articles
1. Human rights in the era of Artificial Intelligence: Europe as a creator of international standards in the field of artificial intelligence. – [Electronic resource]. – Access mode: https://rpspress.ru/news/834/?ysclid=lp5rjjc8pa888153081 (date of access: 11/15/2023).
2. The European Parliament voted for a law regulating artificial intelligence. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6043737 (date of access: 11/15/2023).
3. Decree of the President of the Russian Federation of October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” // SZ RF, October 14, 2019 – No. 41. – Art. 5700.
4. Varlamova N.V. Digital rights – a new generation of human rights? // Proceedings of the Institute of State and Law of the RAS. – 2019. – T. 14. – No. 4. – P. 12.
5. Mainstreaming Digital human rights in cities. – [Electronic resource]. – Access mode: https://unhabitat.org/programme/people-centered-smart-cities/digital-human-rights (access date: 11/17/2023).
6. Federal Law No. 259-FZ “On attracting investments using investment platforms and on introducing amendments to certain legislative acts of the Russian Federation.” – [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=102579815.
7. Buryanov M. S. Global digital human rights in the context of the risks of digitalization // Century of Globalization. – 2020. – No. 3 (35). – P. 65.
8. EU AI Act: first regulation on artificial intelligence. – [Electronic resource]. – Access mode: https://www.europarl.europa.eu/news/en/headlines/society/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence/ (access date: 20.11.2023) .
9. Quote. by: Morhat P. M. Legal personality of artificial intelligence in the field of intellectual property law: civil legal problems: dis. … doc. legal Sci. – M., 2018. – P. 244.
10. Morhat P. M. Legal personality of an artificial intelligence unit: some civil law approaches // Bulletin of Kostroma State University. – 2018. – T. 24. – No. 3. – P. 280-283.
THEORY OF STATE AND LAW
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk; Deputy Chairman of Irkutsk City No. 2 Territorial Election Commission (Oktyabrsky district)
DIGITAL SERVICES FOR PARTICIPANTS IN THE ELECTORAL PROCESS AS A GUARANTEE OF THE REALIZATION OF CONSTITUTIONAL RIGHTS OF CITIZENS
The article presents an overview and analysis of modern digital technologies being introduced into the modern electoral process today, characterizing the modernization of modern processes in the political life of the country. The need fordigital improvement of the electoral process for the implementation of the constitutional rights of citizens to vote is noted. The prospects for the formation and development of new electronic services in the upcoming presidential elections of the Russian Federation are being investigated and noted. The worth, advantages and importance of the electronic evolution of the electoral process for the digital interaction of citizens and the state are noted.
Keywords: constitutional rights of citizens, active suffrage, right of choice, absenteeism, electorate, digital technologies, digitalization, digital transformation, remote electronic voting.
Bibliographic list of articles
1. Podshivalov V. E. Comparative analysis of the structure and legal technology of acts of electoral legislation of the Russian Federation, France and Canada // Academic legal journal. – 2022. – No. 3. – P. 42
2. Minnikes I. V. History of elections: voter and subjective electoral law // Academic legal journal. – 2020. – No. 1. – P. 42.
3. Anufrieva A. A., Krasnodubskaya K. S. Digital transformation and assessment of the “digital maturity” of the public administration system of a constituent entity of the Russian Federation // Baikal research journal. – 2023. – No. 3. – P. 1073.
THEORY OF STATE AND LAW
SHICHKO Alexandr Romanovich
student of the Law School of the Far Eastern Federal University, Vladivostok
SHICHKO Alexey Romanovich
student of the Law School of the Far Eastern Federal University, Vladivostok
SURKOV Artyom Nikolaevich
student of the Law School of the Far Eastern Federal University, Vladivostok
ARTEMYEV Roman Dmitrievich
student of the Law School of the Far Eastern Federal University, Vladivostok
SIGNS AND GROUNDS FOR LEGAL LIABILITY
Responsibility is of an unfavorable nature, implemented in a certain procedural form. The negative and positive meanings of legal liability are considered: a conclusion is made about the correctness of the first. The grounds for the emergence of objective and subjective legal liability are outlined. Broad, narrow and atypical approaches to understanding the grounds of subjective legal liability are considered.
Keywords: legal responsibility, positive legal responsibility, retrospective legal liability, factual, material, procedural grounds for legal liability.
Bibliographic list of articles
1. Baranov V. M. Theory of legal responsibility. – N. Novgorod: Publishing house Nizhegorod. legal Institute of the Ministry of Internal Affairs of the Russian Federation, 1998.
2. Bratus S.N. Legal responsibility and legality (essay on theory): edition. – Moscow: Legal. lit., 1976. – 208 pp.
3. Gorlach M. Yu. Rights and obligations of subjects of legal liability in modern Russian legislation: specialty 12.00.01 “theory and history of law and state; history of legal doctrines”: author’s abstract. dis. …cand. legal sciences; Moscow Academy of the Ministry of Internal Affairs of Russia. – Moscow, 2002. – 20 p.
4. Grigoryan G. M. Legal responsibility – responsibility for an offense // Issues of judicial reform: law, economics, management. – 2009. – No. 1. – P. 7-10.
5. Ivanova O. M. Foundations, goals and objectives of legal responsibility: specialty 12.00.01 “theory and history of law and state; history of doctrines about law and state”: author’s abstract. dis. …cand. legal sciences; Samara Humanitarian Academy. – Samara, 2009. – 22 p.
6. Krasnov M. A. Legal responsibility is an integral legal phenomenon // Soviet State and Law. – 1984. – No. 3. – P. 73-77.
7. Kuzmin I. A. Grounds for the emergence of legal liability as a general theoretical problem: approaches and judgments // Siberian Legal Bulletin. – 2012. – No. 4. – P. 3-10.
8. Malein N. S. Offense: concept, reasons, responsibility: edition. – Moscow: Legal. lit., 1985. – 192 pp.
9. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – Moscow: Yurist, 2004. – 245 p.
10. Morozova L. A. Theory of state and law: textbook. – Moscow: Eksmo, 2010. – 384 p.
11. Pyanov N. A. Current problems of the theory of state and law: textbook. Benefit. – Irkutsk: Irkut Publishing House. University, 2011. – 254 pp.
12. Falkina T. Yu. Forms of implementation of law and the mechanism for their implementation: specialty 12.00.01 “theory and history of law and state; history of doctrines about law and state”: author’s abstract. dis. …cand. legal sciences; Ural Law Institute of the Ministry of Internal Affairs of Russia. – N. Novgorod, 2007. – 25 p.
THEORY OF STATE AND LAW
HE Zhendong
lecturer, Heihe University
NING Yanhong
researcher, Heihe University,
LI Honghong
lecturer, Heihe University
MECHANISMS FOR LEGAL PROTECTION OF THE RIGHTS AND INTERESTS OF CHINESE MIGRANTS RESIDING INRUSSIA WITHIN THE FRAMEWORK OF THE “ONE BELT AND ONE ROAD” INITIATIVE
In the new period, as the partnership between China and Russia strengthens, the number of Chinese migrants living in Russia is increasing. According to statistics from the Federation of Overseas Chinese Associations in Europe (FOCAE), the total number of Chinese citizens living in Russia in recent years is about 300,000. Chinese migrants living in Russia play an important role in the construction of the Belt and Road. However, due to a lack of understanding of Russian legislation, linguistic and cultural communication, cultural differences between East and West, conflicts of sovereign jurisdiction and other reasons, migrants living in Russia cannot fully realize their rights and interests. Therefore, it is necessary to build a mechanism for legal protection of the rights and interests of Chinese migrants living in Russia against the backdrop of the Belt and Road. The main content of this article is to study the systematization and institutionalization of the mechanism for protecting the rights and interests of Chinese migrants living in Russia from the point of view of judicial practice and legislation, as well as to consider the system for protecting the rights and interests of Chinese migrants living in Russia. This work is published as part of the project of key topics for the study of economic and social development of Heilongjiang Province in 2023 on the topic “Research on the mechanism of legal protection of the rights and interests of Chinese migrants living in Russia within the framework of the Belt and Road Initiative.” Project number: 23366
Keywords: “One Belt and One Road”, Chinese migrants, protection of rights and interests, legal protection mechanisms, Russia, China.
Bibliographic list of articles
1. Jiang Xiaoli, Chen Sping. On the protection of the rights and interests of Chinese abroad as subjects of special rights. // Journal of Quanzhou Normal Institute. – 2022-02-15.
2. Jiang Xinmiao, Liu Yang. Solving the dilemma of the rule of law in protecting the rights and interests of Chinese citizens abroad within the framework of the Belt and Road // Journal of Northwestern University (publication on philosophy and social sciences). – 2020-12-2.
3. Jia Yuming. Creation and improvement of a mechanism for bilateral cooperation between China and Russia in the judicial sphere. // Newspaper “People’s Court”. – 2008-06-11.
THEORY OF STATE AND LAW
YALOVENKO Tatyana Vasiljevna
Ph.D. in Law, associate professor, Deputy Head of Theory and history of law and state sub-faculty of the Volgograd Academy of the MIA of Russia
THE INFLUENCE OF MODERN MEDIA ON THE FORMATION OF A PERSON’S WORLDVIEW
The purpose of the work is determined by the role of the mass media in public life, the global challenges of our time to establish boundaries between reliable and false information provided by the mass media. Predicting the consequences of using diverse information is becoming an increasingly difficult task, as individual and collective consciousness face difficulties in perceiving and processing information diversity.
Keywords: mass media, formation of a worldview, impact of mass media, legal information.
Bibliographic list of articles
1. Iskenderova S. D. Sociocultural aspects of the functioning of mass media // International scientific review. – 2020. – No. 1 (42). – P. 30.
2. Khopryachkova E. Yu., Mentyukova M. A. Deliberate dissemination of deliberately false information in the media and the Internet // Innovative jurisprudence: questions of theory and practice: collection. scientific work. by mother intl. scientific-practical conference: April 28, 2022 / Ministry of Science and Higher Education; Federal State Budgetary Educational Institution of Higher Education “Tambov State Technical University”; Law Institute. – Tambov, 2022. – P. 170.
3. Duvanskaya M.K., Zavyalova A.S. Media and the public: features of the influence of the media on business communication // Formation of the humanitarian environment at the university: innovative educational technologies. Competence-based approach. – 2023. – T. 1. – P. 314-318.
THEORY OF STATE AND LAW
AKSYUTENKOV Vladislav Olegovich
magister student of the 2nd course in the field of training 40.04.01 – Jurisprudence, “Public International Law, European law” of the A. I. Herzen Russian State Pedagogical University
THE IDEA OF ARCHITECTURAL SYMBOLISM AS A REFLECTION OF STATEHOOD
The article examines the relationship of architectural symbolism as a reflection of statehood through the prism of the history of law and Ancient Rome, religion and philosophy. The author of the study analyzes various buildings and structures of Ancient Rome, as well as the hisstory of the emergence of St. Petersburg from the point of view of semiotics.
Keywords: construction contract, Ancient Rome, contract of employment, architecture, semiotics.
Bibliographic list of articles
1. Town Planning Code of the Russian Federation (as amended on August 4, 2023) (version valid from September 1, 2023) // Rossiyskaya Gazeta, No. 290, 12/30/2004
2. Civil Code of the Russian Federation (part two) (Articles 454-1109) (as amended on July 24, 2023) // Rossiyskaya Gazeta, No. 23, 02/06/1996
3. Bible. Books of the Holy Scriptures of the Old and New Testaments, Publishing Council of the Russian Orthodox Church. M., 2023. 956 pp.
4. Justinian’s Digests / Translation from Latin; Rep. ed. L. L. Kofanov. T. III. 2nd ed., rev. M.: Statute, 2018. 780 pp.
5. Ten books about architecture / Vitruvius; Per. F.A. Petrovsky. M.: Publishing house “Azbuka”, 2006. P. 320.
6. Philosophy: Encyclopedic Dictionary. M.: Gardariki. Edited by A.A. Ivina. 2004. 1072 p.
7. Koch Wilfried. Encyclopedia of architectural styles. A classic work on European architecture from antiquity to modern times. M.: ZAO BMM, 2008. 528 p.
8. Roman private law: I. B. Novitsky [and others]; responsible editors I. B. Novitsky, I. S. Peretersky. M.: Yurayt Publishing House, 2023. 607 pp.
9. Lotman Yu. M. Inside thinking worlds // Semiosphere. St. Petersburg: Art of St. Petersburg, 2010. 753 pp.
10. Lotman Yu. M. About the semiosphere // Yu. M. Lotman. Selected articles: in 3 volumes. T. 1. Tallinn: “Alexandra”, 1992. 479 pp.
11. Markuzon V.F., Mikhailov B.P. General history of architecture. In 12 volumes. T. 2. Architecture of the Ancient World. M.: Stroyizdat, 1973. 711 p.
12. Solovyov N.K. Historical interior design in Russia: a textbook for universities. 2nd ed. M.: Yurayt Publishing House, 2023. 272 p.
13. Auguste Chauzy. General history of architecture. From prehistory to the Renaissance. M.: AST, 2022, 1136 pp.
14. Shtaerman E. M. Crisis of ancient culture. M.: Nauka, 1975. 183 pp.
15. Bart Ehrman. The triumph of Christianity. How a banned religion turned the world upside down. M.: Eksmo-Press, 2019. 384 p.
THEORY OF STATE AND LAW
GOMENYUK Maxim Anatoljevich
student of the Far Eastern Federal University, Vladivostok
KLEMENTJEVA Darya Andreevna
student of the Far Eastern Federal University, Vladivostok
SKACHKOVA Margarita Alekseevna
student of the Far Eastern Federal University, Vladivostok
BASENKO Denis Viktorovich
student of the Far Eastern Federal University, Vladivostok
VETROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
STRUCTURAL TRANSFORMATIONS OF POWER IN NORTH KOREA DURING THE KIM JONG UN ERA: AN ANALYSIS OF THE TRANSITION FROM “MILITARY POLICY” TOWARDS “PARTY POLITICS”
This study examines the changes in North Korea’s power structure during the reign of Kim Jong Un, with an emphasis on the transition from the “military policy” of previous years to the strengthening of the role of the Workers’ Party of Korea. The transformations in the relations between the party, the government and the army are analyzed, as well as the impact of these changes on the political structure and identity of the state. The study includes an empirical analysis using the network analysis method to assess current power dynamics.
Keywords: Kim Jong Un, North Korea, party politics, military policy, structural transformations, Labor Party of Korea, network analysis, political system.
Bibliographic list of articles
1. Kang Chae Young. “Rethinking the characteristics of the North Korean economic system: ‘Bureaucratic market economy'” // Journal of the Korean Political Science Society. – 2018. – Volume 52. No. 5. – P. 141-169.
2. Kim Gabsik. “The management system of Kim Jong-un and the relationship between the party, government and army” // Korea and international politics. – 2014. – Volume 30. No. 1. – P. 29-64.
3. Kim Geunsik. “Changes in the relationship between the party, government and army in North Korea during the era of Kim Jong Il: Main aspects of changes in the control system” // Journal of the Korean Political Science Society. – 2002. – Volume 36. No. 2. – P. 349-365.
4. Kim Chang Hee. Changes and the importance of political power in North Korea: Relations between the Workers’ Party of Korea and government agencies // Region and the World. – 2018. – Volume 42. No. 1. – P. 75-98.
5. Park Youngja. Managerial actions and the dominant alliance in the era of Kim Jong Un // Defense Research. – 2013. – Volume 56. No. 2. – P. 71-96.
6. Kim Insu. Developing an Index of Commitment to Kim Jong Un among the North Korean Elite: Changes in Local Leadership Personnel Following the Purge of Jang Song Thaek // Edinsyours and the world. – Volume 9. No. 1. – P. 131-161.
7. Ko Yuhwan. Building Kim Jong Un’s legacy and changes in North Korean leadership: Shifting power from the army to the party // Journal of the Korean Political Science Society. – 2011. – Volume 45. No. 5. – P. 175-192.
8. Rue Gilge. 2001. “Institutionalizing the ‘Exceptional State’: Trends in State Militarization and the Expanding Role of the Army,” in Studies on the Changing Character of the State in North Korea: The Strengthening of the ‘Exceptional State,’ edited by Choi Wang-gyu (Seoul: Hanul Academy).
HISTORY OF STATE AND LAW
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
INTERNATIONAL LEGAL MEANS OF ENSURING THE FOREIGN POLICY INTERESTS OF MEDIEVAL PSKOV: HISTORICAL CONDITIONS OF ORIGIN AND DEVELOPMENT
The article discusses the problems of the development of medieval legislation of the Pskov Veche Republic in the context of the border situation of the latter and the international legal means of protecting its jurisdiction in cross-border relations caused by this circumstance. Based on the analysis of international acts of medieval Pskov, his contribution to the development of domestic practice of ensuring the foreign policy interests of our country in this era is under investigation.
Keywords: urban republic, cross-border trade, legal regulation, judicial instrument, border, conflict, collision, international arbitration, jurisdiction.
Bibliographic list of articles
1. Vasiliev S.V. Pskov Judicial Charter and the First Lithuanian Statute: Experience in a comparative study of the terminology of legislative monuments. – M.: Quadriga, 2011. – 128 p.
2. Hanseatic documents on the history of Novgorod and Pskov, 1392-1409. / Comp., preparation, preface. and comment. P. V. Lukina, S. V. Polekhova, E. R. Squires. – M.; St. Petersburg: Nestor-History, 2021. – 264 pp.
3. Certificates of Veliky Novgorod and Pskov. – M.: Publishing House of the USSR Academy of Sciences, 1949. – 407 p.
4. Egorov A. Lord, what a big city! Exactly Paris! // Homeland. – 2012. – No. 2. – P. 51-54.
5. Egorov A. On the near border // Rodina. – 2008. – No. 7. – P. 93-96.
6. Egorov A. No claims stated // Rodina. – 2014. – No. 11. – P. 130.
7. Egorov A. M. Irregular formations in the history of law enforcement // Law enforcement agencies of Russia: problems of formation and interaction: Materials of a scientific and practical conference with international participation, Pskov, November 11–12, 2021. – Pskov: Pskov branch of the Academy of the Federal Penitentiary Service of Russia, 2022. – P. 84-88.
8. Egorov A. M. Legal acts of medieval Pskov as a source on the history of international relations of the XIV-XV centuries. // Current problems of the financial history of the country: Materials of the international scientific-practical conference, highlighting the 450th year of the Civil Code of the Republic of Belarus and the 100th year of issuing the first book of the collection – Polotsk-Vitebsk antiquity, Vitebsk, October 06–07, 2011. – Vitebsk: Vitebsk State University named after. P. M. Masherova, 2011. – P. 20-23.
9. Egorov A. M. Medieval justice and foreigners in the north-west of Rus’ // Rodina. – 2003. – No. 12. – P. 80.
10. Egorov A. M. Rivalry of members of the Hanseatic League for leadership in cross-border trade on the Baltic Sea in the Middle Ages // Eurasian Legal Journal. – 2019. – No. 4 (131). – pp. 93-94.
11. Egorov A. M. Cross-border aspects of the political and legal development of the city republic of medieval Pskov // History of State and Law. – 2013. – No. 1. – P. 12-14.
12. Egorov A. M., Egorov I. A. Dynastic conflicts and their influence on the foreign policy of medieval Rus’ in the era of Alexander Nevsky // From Alexander Nevsky to the present day: lessons from history: Materials of the VIII International Alexander Nevsky Readings, Pskov, 08 –09 June 2017 / Pskov State University. – Pskov: Pskov State University, 2017. – P. 35-41.
13. Kazakova N. A. Russian-Livonian and Russian-Hansean relations. – L.: Publishing house “Nauka”, 1975. – 359 p.
14. Pskov Chronicles. (Complete collection of Russian chronicles. T. V. Issue 1.). – M., 2003. – 148 p.
HISTORY OF STATE AND LAW
RYABOV Sergey Ivanovich
Ph.D. in historical sciences, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
NOBLE LAND OWNERSHIP ON THE DON: PREREQUISITES AND CONDITIONS OF OCCURRENCE
The article offers the author’s view on the prerequisites and conditions for the emergence of noble land ownership as a new form of private property among the Don Cossacks. The inclusion of the Land of the Don army into the legal space of the Russian Empire, the special status of the military service class and the privileges of the Don Cossacks, the skillful exploitation of the labor of the non-military class allowed the most prominent military officials and rich Cossacks to acquire hereditary nobility, equalizing their rights with the Russian nobility.
Keywords: land ownership, nobility, history, Don Cossacks, private property.
Bibliographic list of articles
1. Vetchinkin V.N. Essay on land ownership on the Don in connection with the development of land surveying. – Novocherkassk, 1874.
2. Savelov L. M. Don noble families: Vol. I. – M., 1902.
3. Savelov L. M. Don nobility: Vol. II. – M., 1914.
4. Savelyev E. P. White slavery on the Don: to the fiftieth anniversary of the liberation of the Don peasants. – Novocherkassk, 1911.
5. Pronshtein A.P. Don Land in the 18th century. – Rostov-n/D, 1961.
6. Korshikov N. S. Noble land ownership on the Don. – Rostov n/d, 1997.
7. Korshikov N. S. Land and freedom: Reforming land use on the Don in the first half of the 19th century. – Rostov-n/D, 1994.
8. Land in the destinies of the Don Cossack: a collection of historical and legal acts of 1704-1919. / Comp. N. Korshikov. – Rostov-n/D, 1998.
9. Korshikov N. S. Nobles and Counts Platov. – Rostov-n/D, 2004.
10. Ryabov S.I. Don land in the 17th century. – Volgograd, 1993.
11. Complete collection of laws of the Russian Empire (PSZRI). T. 24. – St. Petersburg, 1830. – No. 17. – 638 pp.
12. Complete collection of laws of the Russian Empire (PSZRI). T. 25. – St. Petersburg, 1830. – No. 18. – 673 pp.
HISTORY OF STATE AND LAW
TOVSULTANOV Rustam Alkhazurovich
Ph.D. in historical sciences, associate professor of Modern and contemporary history sub-faculty of the A. A. Kadyrov Chechen State University, Grozny
TOVSULTANOVA Malika Sharipovna
senior lecturer of Foreign languages of the Chechen state pedagogical university, Grozny
GALIMOVA Liliya Nadipovna
Ph.D. in historical sciences, professor of SGBN-1 “History” of the N. E. Bauman Moscow State Technical University (National Research University)
PROBLEMS OF INDEPENDENCE OF A NUMBER OF REGIONS OF THE POST-SOVIET SPACE
The relevance of the scientific article is due to the fact that, starting with the collapse of the USSR, in some republics that are part of it, the process of separation of some territories and de facto their non-recognition by the international community for several decades begins. A study was carried out to trace all the specific features that led, after the collapse of the USSR, to the formation of quasi-states (the formation of which was caused by the ill-conceived policies of both the Russian Empire and Bolshevik Russia) , and the distinctive features of state-forming territories from recognized states were characterized. It is stated that in each individual case it is necessary to analyze all the circumstances of recognition of the (in)dependence of a number of territories of the post-Soviet space, taking into account the norms of international law.
Keywords: quasi-state, post-Soviet space, collapse of the USSR, recognition of the state, UN, international law.
Bibliographic list of articles
1. Aliyev N. Nagorno-Karabakh: separatism and the legitimacy of elections // Central Asia and the Caucasus. – 2005. – No. 5 (41). – pp. 128-134.
2. Anchabadze Yu. D. From the history of the development of encyclopedics in the Republic of Abkhazia // Modern Russian regional encyclopedics: place and role in society, development prospects: materials of the All-Russian scientific and practical conference with international participation. – Ufa: Bashkir Encyclopedia, 2019. – pp. 25-30
3. Berdegulova L. A. Quasi-states in the post-Soviet space: historical and legal research: abstract. dis. …cand. legal Sci. – Vladimir, 2007. – 22 p.
4. Gatikoeva N.P. Overcoming cultural trauma and the formation of state identity of the Republic of South Ossetia // Health as a sociocultural phenomenon: materials of the 1st electronic international scientific conference. – Kazan: Kazan State University of Culture and Arts, 2011. – P. 117-124.
5. Kachmazova I. R. Prospects for the future development of the Republic of South Ossetia: independence or entry into the Russian Federation? // Bulletin of the Vladikavkaz Scientific Center. – 2013. – T. 13. No. 2. – P. 15-18.
6. Kvacheva P. I., Petrova S. V. Political and legal status of an unrecognized state in the modern world: historical and legal aspect (on the example of the Republic of Abkhazia) // Bulletin of Perm University. Legal sciences (Vestnik Permskogo universiteta. JUridicheskie nauki). – 2017. – No. 35. – P. 56-65.
7. Litvinenko V. T. Political processes of formation of statehood in Abkhazia, South Ossetia and Transnistria in the context of securityConcerns for the safety of Russian citizens living in these republics: author’s abstract. dis. … Dr. Polit. Sci. – Rostov-n/D., 2010. – 55 p.
8. Materials and notes on the issue of ownership and property rights of the descendants of His Serene Highness Prince Mikhail Shervashidze, the last ruler of Abkhazia. – Verdun, 1913. – pp. 5-7
9. Nurieva I.T. Nagorno-Karabakh is a native Azerbaijani territory // Current issues of social sciences: sociology, political science, philosophy, history. – 2016. – No. 57. – P. 51-56.
10. Reshetnikova V. A., Badyul E. A. Transnistria: the history of the origin and existence of an unrecognized state // Young scientist. – 2016. – No. 23 (127). – pp. 389-393.
11. Tadtaev T.V. South Ossetia in 1920 (part II) // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2016. – No. 2. – P. 75-80.
12. Shamba S. M. Russia – Abkhazia: history and modernity // Bulletin of MGIMO University. – 2010. – No. 3 (12). – pp. 9-13.
13. Shevchuk N.V. Peacemaking in Transnistria: unlearned lessons: analytical note. – M.: Non-profit partnership “Russian International Affairs Council”, 2020. – 10 p.
CONSTITUTIONAL LAW
ALIEVA Khalisat Telmanovna
Magister student of the 2nd year, full-time of education of Institute of Law of the Dagestan State University, Makhachkala
MAGOMED Tagirovich Dibirov
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
MODERN PROBLEMS OF LEGAL REGULATION OF MEDIA ACTIVITIES DURING THE ELECTION PERIOD
The scientific article discusses the current problems of legal regulation of media activities during the electoral processes in the Russian Federation. The media plays an important role in the information space, especially during election periods, where access to objective and reliable information is a key factor in ensuring free and fair elections. The article deals with three main problems: restriction of freedom of speech and censorship, unequal access to media resources, and insufficient control over the reliability of information. The main aspects of legislation related to the work of the media during the election period are discussed, as well as possible solutions to these problems are proposed. The authors of the article propose strengthening mechanisms for monitoring compliance with freedom of speech and media independence, developing clear criteria for allocating media time between candidates and creating special bodies to combat disinformation.
Keywords: freedom of speech, censorship, media resources, reliability of information, legislation, electoral processes, the Russian Federation.
Bibliographic list of articles
1. Androsova M.V., Strakhova K.A. Issues of legal regulation of election campaigning using the media // Current issues of economic sciences, law and management: collection of materials of the XX-th international intramural scientific and practical conference, Moscow, February 20, 2023. – Moscow: Scientific Publishing Center “Empire”, 2023. – P. 5-7.
2. Bulatsev T. A. Problems of legal regulation of access of candidates and electoral associations to the media during the election campaign // Current problems of law: Collection of scientific articles of undergraduates. Volume Issue 9. – Vladikavkaz: North Caucasus Mining and Metallurgical Institute (State Technological University), 2021. – P. 26-33.
3. Gazimagamadova D. M. Legal regulation of the activities of the media // Science, society, culture: problems and prospects of interaction in the modern world: collection of articles of the VI All-Russian Scientific and Practical Conference, Petrozavodsk, January 06, 2022. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I. I.), 2022. – P. 159-163.
4. Radionova O. A. Modern problems of legal regulation of media activities during the election period // Current issues of legal science and practice: materials of the III All-Russian scientific and practical conference with student participation, Khabarovsk, May 30, 2022. – Khabarovsk: Pacific State University, 2022. – P. 149-152.
CONSTITUTIONAL LAW
AKHMEDOV Said Mirzoevich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
SARKAROVA Jamilya Salikhovna
Ph.D. in pedagogical sciences, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE CONSTITUTIONAL AND LEGAL STATUS OF THE PROSECUTOR’S OFFICE AFTER THE ADOPTION OF AMENDMENTS TO THE 2020 CONSTITUTION
The article is devoted to the analysis of the constitutional and legal status of the Prosecutor’s Office of the Russian Federation in connection with the adoption of amendments to the Constitution of Russia in 2020. The study is based on a comparative legal analysis of the provisions of article 129 of the Basic Law of the country as amended in 2014 and 2020. It is established that the amendments touched upon the concept of the prosecutor’s office, the organizational and legal foundations of its activities. The authors conclude that with the adoption of the amendments, the place and role of the prosecutor’s office in the system of public authority have not become more clear and defined.
Keywords: prosecutor’s office, constitutional and legal status, amendments to the Constitution, prosecutor’s supervision, legality.
Bibliographic list of articles
1. Amirbekov K.I. Constitutional doctrine on the status, structure and functions of the Russian prosecutor’s office in modern conditions // Constitutional and municipal law. – 2023. – No. 7. – P. 23-27.
2. Romanov E. B. Constitutional doctrine as one of the types of sources of the science of constitutional law // Bulletin of Tomsk State University. – 2010. – No. 330. – P. 109-111.
3. Lobachev D. A. The new edition of Article 129 of the Constitution of the Russian Federation “corrected” the Federal Law “On the Prosecutor’s Office of the Russian Federation” // Judicial power and criminal process. – 2021. – No. 1. – P. 88-93.
4. Aleva-German E. A. A. Multifunctionality of the Prosecutor’s Office of the Russian Federation as a principle of its organization and activities // Current problems of Russian law. – 2022. – No. 4. – P. 170-181.
5. Smirnov A.F. Uncertainty of wording in the Federal Law “On the Prosecutor’s Office of the Russian Federation” // Current problems of Russian law. – 2020. – December. – T. 15. – No. 12 (121). – pp. 174-180.
6. Aleva-German E. A. A. On consolidating the multifunctionality of the Russian prosecutor’s office in the text of Article 129 of the updated Constitution of the Russian Federation // System of functions of the prosecutor’s office of the Russian Federation (Sukharev readings): collection. materials VI All-Russian. scientific-practical conf. (Moscow, October 9, 2020) / General. ed. O. S. Kapinus; under scientific ed. A. Yu. Vinokurova; comp. I. A. Vaskina, N. A. Kulakova, A. S. Semenov; University of the Prosecutor’s Office of the Russian Federation. – M., 2021. – pp. 68-73.
7. Lobachev D. A. The Constitution of the Russian Federation as a vector for the development of the prosecutor’s office // Bulletin of the Samara Legal Institute. – 2020. – No. 3 (39). – pp. 42-47.
8. Shobukhin V. Yu. Constitutional regulation of the status of the prosecutor’s office of the Russian Federation: problems, trends and prospects for changing Art. 129 of the Constitution of the Russian Federation // State power and local self-government. – 2020. – No. 4. – pp. 26-29.
9. Bezmelnitsyn S. N. Transformation of the constitutional and legal status of the prosecutor’s office according to the Constitution of the Russian Federation // Young scientist. International scientific journal. – 2022. – No. 9 (404). – pp. 69-71.
CONSTITUTIONAL LAW
ILJINA Olga Yurjevna
Ph.D. in Law, associate professor of the Faculty of Law of the M. K. Ammosov Northeastern Federal University, Yakutsk
ENSURING SOCIAL PARTNERSHIP WITH INDIGENOUS PEOPLES OF THE NORTH AS A CONSTITUTIONAL RESPONSIBILITY OF THE STATE WHEN MAKING DECISIONS IN THE FIELD OF PROTECTION AND RATIONAL USE OF NATURAL RESOURCES
The article reveals the role of the constitutional idea of social partnership with indigenous peoples of the North in the implementation of state policy in the field of protection and rational use of natural resources. The author comes to the conclusion that there is a constitutional obligation of the state to ensure social partnership in the development of natural resources as a system of relationships between indigenous peoples (representatives of indigenous peoples), corporations, government bodies, local governments, aimed at ensuring the coordination of the interests of government, business and communities of indigenous peoples in the field of natural resources relations and other relations directly related to them.
Keywords: natural resources, natural resource rights of indigenous peoples of the North, co-management in the field of natural resources, co-management of indigenous peoples of the North during the industrial development of the territories of their original residence.
Bibliographic list of articles
1. Baburin S. N. Constitutionalization of social partnership for the sake of sustainable development of the modern world // Global dialogue on sustainable development goals: legal dimension: to the 75th anniversary of the UN: collection. materials International scientific-pract. conf. / Rep. ed. T. A. Soshnikova. – M.: Publishing house Mosk. humanitarian University, 2020. – pp. 24–29.
2. Blankenagel A. Constitutions, collective identity and constitutional identity: where should we go? // Comparative constitutional review. – 2022. – No. 1 (146). – pp. 43-75.
3. Kryazhkov V. A. Public authorities and northern peoples: constitutional and legal problems of relations in the sphere of co-government // in the book. Arctic regions of Russia: problems of parliamentarism, representation and regional identity. From tribal communities to the parliament of Yamal. – pp. 74-86.
4. Mamut L. S. The State as a People Organized in a Public Authority Way // Journal of Russian Law. – 2000. – No. 3. – P. 88-100.
5. Pimenova O. Natural resource rights of indigenous peoples and judicial practice of their observance in Canada // Comparative constitutional review. – 2022. – No. 4 (149). – pp. 89-109.
6. Tikhomirov Yu. A. State: monograph. – M., 2013. – P. 50.
7. Chebotarev G. N., Gladun E. F. Co-government of the indigenous peoples of the North with Arctic territories during the period of their industrial development // Journal of Russian Law. – 2015. – No. 5. – P. 52.
8. Chirkin V. E. Modern state. – M., 2001. – P. 294.
9. Chirkin V. E. Socioeconomic paradigm of the Russian Constitution of 1993: pros and cons // Journal of Russian Law. – 2018. – No. 7. – P. 5-15.
ADMINISTRATIVE LAW
ANDRYUSHCHENKO Tatyana Ivanovna
Ph.D. in Law, Head of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
MIKHAYLOV Mikhail Yakovlevich
senior lecturer of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
ADMINISTRATIVE SUPERVISION OF PERSONS RELEASED FROM PRISON AS ONE OF THE MEASURES OF SOCIAL AND LEGAL CONTROL
The article examines the elements of administrative supervision of persons released from prison as one of the measures of social and legal control and its role in preventing recidivism as part of general crime. In order to improve legislation in the field of prevention of recidivism and increase the effectiveness of preventive work with supervised persons by subjects of prevention, it is proposed to form a comprehensive branch of law combining norms ensuring the prevention of crime, the core of which would be a legislative act of an intersectoral nature.
Keywords: administrative supervision, administrative restrictions, administrative responsibility, crime prevention, supervised person, police.
Bibliographic list of articles
1. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ.
2. “Criminal Executive Code” dated 01/08/1997 No. 1-FZ.
3. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ.
4. “Code of Administrative Proceedings of the Russian Federation” dated 03/08/2015 No. 21-FZ.
5. Federal Law of 04/06/2011 No. 64-FZ “On administrative supervision of persons released from prison.”
6. Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 No. 15 “On some issues that arise when courts consider cases of administrative supervision of persons released from prison.”
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 24, 2016 No. 21 “On judicial practice in cases of crimes under Article 314.1 of the Criminal Code of the Russian Federation.”
8. Order of the Ministry of Internal Affairs of Russia dated 07/08/2011 No. 818 “On the Procedure for implementing administrative supervision over persons released from prison.”
9. Order of the Ministry of Justice of Russia, the Ministry of Internal Affairs of Russia dated October 4, 2012 No. 190/912 “On approval of the Regulations for interaction between the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia to prevent the commission of crimes and other offenses by persons registered with penal inspections.”
10. Batysheva I. V. Cruel treatment of minors: qualification issues // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (36). – pp. 52-54.
11. Melikhov A.I. The importance of operational investigative activities of internal affairs bodies for a unified system of prevention // Philosophy of Law. – 2022. – No. 3 (102). – pp. 81-87.
12. Ogorodnikova E. G., Andryushchenko T. I., Shevchuk I. V. Actions of police officers when identifying an administrative offense under Art. 14.17.1 of the Code of the Russian Federation on Administrative Offenses // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (45). – pp. 33-37.
ADMINISTRATIVE LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE CONCEPT AND CLASSIFICATION OF THE NORMS OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES
This article attempts to study the fundamental concepts in administrative and tort legislation. The norms of the legislation of the Russian Federation on administrative offenses are under investigation.
The author proposes to give an original definition of the administrative-tort norm, characterizing it as a multi-type legal prescription.
Using the well-known criteria for classifying administrative and tort norms, the researcher differentiates them by the nature of the prescriptions contained in the norms, and also reveals the nature of the internal relationships between legal norms.
It is noted that despite the well-established opinion of modern jurists about the classical structure of a legal norm, there is a view that the triune integrity of the elements is not inherent in all norms of law, therefore, the norms of law operate in parallel, the structure of which consists of a different set of components.
Keywords: administrative-tort norm, hypothesis, disposition, sanction, norms-principles, norms-definitions, organizing norms, conflict of laws norms.
Bibliographic list of articles
1. Alekseev S.S. Collected works in 10 volumes – Volume 3. Problems of the theory of law: a course of lectures. – M.: Statute, 2010. – 781 p.
2. Astanin A.V. Hypothesis as an element of a legal norm: abstract. dis. …cand. legal sciences; Sarat. state acad. rights. – Saratov, 2004. – 21 p.
3. Baranov A.V. System-defining specialized norms of modern Russian law: abstract. dis. …cand. legal Sciences: 12.00.01; Omsk State University named after F.M. Dostoevsky. – Omsk, 2017. – 26 p.
4. Ilalutdinov A.I. The structure of the rule of law: monograph. – Kazan: Center for Innovative Technologies, 2013. – 247 pp.
5. Klepikov S.N. Principles of establishing administrative responsibility under the legislation of the Russian Federation and foreign countries // Current problems of Russian law. – 2015. – No. 11. – P. 103-110.
6. Kozlov Yu. M. Administrative law: textbook. – M.: Lawyer, 1999. – 320 p.
7. Malakhov S. A. Contents and features of the system of legislation of the Russian Federation on administrative offenses // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (93). – pp. 112-117.
8. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – 5th ed. – M.: Publishing House “Delo” RANEPA, 2020. – 528 p.
9. Piskunova O. V. Functions of the norms of Russian law: abstract. dis. …cand. legal Sciences: 12.00.01; Sarat. state legal acad. – Saratov, 2013. – 26 p.
10. Rogacheva O. S. Efficiency of norms of administrative and tort law: abstract. dis. … doc. legal Sci. – Voronezh, 2012. – 50 p.
11. Tregubova E. V. Administrative legal prohibition: concept, purpose, signs in the anti-corruption mechanism // Administrative and municipal law. – 2010. – No. 6. – P. 84-89.
ADMINISTRATIVE LAW
MUSAEVA Gulbariyat Magomedrasulovna
Ph.D. in Law, associate professor of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
AGAMURADOVA Aniyat Tagirovna
magister student of the 3rd course of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
REVISION OF DECISIONS IN CASES OF ADMINISTRATIVE OFFENSES: FEATURES AND TIMING
The article examines the stage of revision of rulings in cases of administrative offenses, examines the features and examines the regulatory and legal support of this process. The article also examines the problems faced by applicants in the process of reviewing rulings in cases of administrative offenses. The relevance of the study is due to the fact that at the present stage of development of the legal system of the Russian Federation there is an urgent need to improve its outdated components, in particular rulings on cases of administrative offenses.
Keywords: resolution on administrative offenses, proceedings in cases of administrative offenses, appeal, revision of resolutions on administrative offenses.
Bibliographic list of articles
1. Knyazeva I. N. Features of the stage of review of cases of administrative offenses // Bulletin of the South Ural State University. Series: Law. – 2006.
2. Tiunova N.V. Current problems of reviewing cases of administrative offenses in the supervisory order // Bulletin of the Prikamsky Social Institute. – 2018. – No. 2 (80).
3. Tsukanov N. N., Zheleznyak N. S.: The stage of review of resolutions and decisions in cases of administrative offenses to the issue of expediencyimagery of habitual features // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (31).
ADMINISTRATIVE LAW
MISHCHUK Angelika Igorevna
student of the Far Eastern Federal University, Vladivostok
STEPANOVA Anna Sergeevna
student of the Far Eastern Federal University, Vladivostok
SELINA Tatyana Olegovna
student of the Far Eastern Federal University, Vladivostok
TYCHININA Ekaterina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
GRISHCHENKO Violetta Viktorovna
student of the Far Eastern Federal University, Vladivostok
REGULATION OF CONSUMER PROTECTION THROUGH ADMINISTRATIVE MEASURES IN RUSSIA
This article analyzes the key component of the Russian legal system – the use of administrative measures to protect consumer rights. We explore how the law enforcement practice in this area is shaped through regulations, statistics and current events. Special attention is paid to the problems of the quality of goods and services, misleading practices, as well as other key aspects affecting consumer protection, and trends and prospects for the development of these mechanisms are considered.
Keywords: regulation of consumer rights, administrative measures, quality of goods and services, consumer protection, law enforcement in Russia, analysis of legislation, statistical review.
Bibliographic list of articles
1. Galitskaya A. A. Responsibility of the customer and supplier (contractor, performer) for non-fulfillment or improper fulfillment of obligations under the contract // Bulletin of the Academy of Law and Management. – 2018. – No. 3 (52).
2. Korabelsky V. E. Peculiarities of collecting a fine under the law on the protection of consumer rights: judicial practice // International Journal of Humanities and Natural Sciences. – 2022. – No. 1-2.
3. Dementyev V. P., Rumyantseva L. A. Responsibility for violation of consumer rights: problems of theory and practice // Law and Economics. – 2019. – No. 9.
4. State Committee for Standardization of the Russian Federation. Fundamentals of consumer protection legislation. – Moscow: Standards Publishing House, 2021.
5. Popov S. A. Protection of consumer rights in Russia: legislation and practice. – Moscow: Publishing house “Legal Literature”, 2020.
6. European Consumer Center (ECC) Network. Consumer Protection in Europe: Overview of Key EU Legislation and National Laws. Brussels: ECC-Net, 2021.
7. Federal Trade Commission. Consumer Protection Basics: A Handbook for Your Business. – Washington, D.C.: Federal Trade Commission, 2022.
ADMINISTRATIVE LAW
TOLBOEVA Aisha Rizvanovna
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
KURAEV Ramazan Muradovich
student of State law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE FEDERAL SECURITY SERVICE AS A GUARANTOR OF THE PROTECTION OF STATE SECRETS
In modern public relations, subject to the rapid rate of variability of the world order, given the high importance of the institution of state secrets, it is necessary to regularly study the legal regime in the field of protection of “secret” information , to analyze the degree of protection of society from criminal prosecution (when a person violates the law governing the use of information related to state secrets). In the modern world, it is necessary to constantly identify gaps and contradictions in legislation, as well as its direct improvement. The purpose of analyzing the legal regulation of the protection of state secrets is to identify contradictions, “vagueness” in the wording in the legislative sphere.
Keywords: state secret, disclosure of state secrets, system of protection of state secrets, legal act.
Bibliographic list of articles
1. Law “On State Secrets” dated July 21, 1993 No. 5485-1 (latest edition).
2. Decree of the President of the Russian Federation dated August 11, 2003 No. 960 (as amended on February 27, 2023) “Issues of the Federal Security Service of the Russian Federation.”
3. Decree of the President of the Russian Federation “On the list of information classified as state secrets” of 1995
4. Korolev A. A., Sokolova S. Yu. Fundamentals of protecting information that constitutes state secrets. Tutorial. – 2006. – P. 90-92.
ADMINISTRATIVE PROCEEDINGS
TOROSYAN Yuriy Esailovich
postgraduate student of the A. A. Khmyrov Faculty of Law of theKuban State University
ON THE ISSUE OF LEGAL REGULATION OF DIGITAL TECHNOLOGIES IN ADMINISTRATIVE PROCEEDINGS
Digital technologies are being actively introduced into the Russian justice system. Of course, this process has a positive impact on the quality, effectiveness and accessibility of justice. Within the framework of this work, the essence of the term “digital technologies” and “digitalization” is revealed. The classification of the types of digital technologies used in administrative proceedings is considered. The advantages of digitalization in the framework of justice are given. The regulatory and departmental acts regulating the use of digital technologies in administrative proceedings are considered. The disadvantages of digital technologies used in administrative proceedings are analyzed, and possible options for eliminating shortcomings are proposed.
Keywords: administrative proceedings, digital technologies, digitalization, GAS Justice, electronic document management, web conference.
Bibliographic list of articles
1. Makhina S.N., Zavyalova I.S. Digitalization of administrative proceedings as a factor in increasing the effectiveness and efficiency of the implementation of government functions: Russian and foreign experience // Journal of Administrative Litigation. 2020. No. 4. pp. 13-17.
2. On approval of the Explanations (methodological recommendations) for the development of regional projects within the framework of federal projects of the national program “Digital Economy of the Russian Federation”: Order of the Ministry of Telecom and Mass Communications of Russia dated 08/01/2018 No. 428 // SPS “ConsultantPlus” (date of access: 01/09/2024).
3. Code of Administrative Proceedings of the Russian Federation dated 03/08/2015 No. 21-FZ // SZ RF. 03/09/2015. No. 10. Art. 1391.
4. On approval of the Instructions for judicial records management in the district court: Order of the Judicial Department at the Supreme Court dated 04/29/2003 No. 36 // ATP “ConsultantPlus” (date of appeal: 01/09/2024).
5. Instructions for office work in the Supreme Court of the Russian Federation: Order of the Chairman of the Supreme Court of the Russian Federation dated 05/08/2015 No. 32-P // SPS “ConsultantPlus” (date of circulation: 01/09/2024).
6. On approval of the Procedure for submitting documents to federal courts of general jurisdiction in electronic form, including in the form of an electronic document: Order of the Judicial Department at the Supreme Court dated December 27, 2016 No. 251 // SPS “ConsultantPlus” (date of appeal: 01/09/2024) .
7. On information, information technologies and information protection: federation. Law of July 27, 2006 No. 149-FZ // SPS “ConsultantPlus” (date of access: 01/09/2024).
8. On technical regulation: federal. Law of December 27, 2002 No. 184-FZ // SPS “ConsultantPlus” (date of access: 01/09/2024).
9. On electronic digital signature”: federation. Law of 04/06/2011 No. 63-FZ // SPS “ConsultantPlus” (date of access: 01/09/2024).
10. On approval of the Regulations for posting information on the activities of federal courts of general jurisdiction, federal arbitration courts, magistrates and bodies of the judicial community on the Internet information and telecommunications network and the Regulations for posting information on the activities of the Judicial Department at the Supreme Court of the Russian Federation, departments of the Judicial Department in the constituent entities of the Russian Federation Federations in the information and telecommunications network Internet: Order of the Judicial Department at the Supreme Court of the Russian Federation dated November 2, 2015 No. 335 // ATP “ConsultantPlus” (date of appeal: 01/09/2024).
MUNICIPAL LAW
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University, Vladivostok
BAVIN Dmitriy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
LOCAL SELF-GOVERNMENT AS A LEVEL OF PUBLIC AUTHORITY
In this paper, the authors aim to understand whether local government is a public authority. In the field of local self-government, this problem is projected in the form of disputes about the independent nature of self-government and its inevitable dependence on state power. The article considers two approaches to constitutional amendments. The first approach boils down to the fact that local government cannot be a level of public authority. And representatives of the second approach, on the contrary, are convinced that local self-government is inseparable from public authority, and that the amendments contribute to strengthening the connection between the state and the population of the country. Analyzing the arguments of researchers in this field, the authors question some points of view and come to their own opinion.
Keywords: local government, public authority, public authorities, independence, amendments.
Article bibliographic list
1. Andreeva L. A., Visnap N. E., Trukhina I. N. Local self-governmentboard as the foundation of public power // Bulletin of the Novgorod branch of RANEPA. – 2015. – T. 2. No. 4-2 (2). – pp. 84-94. – EDN VDLPEF.
2. Elkina A.V., Fayzullin I.T. Local self-government as a form of public power in decisions of the constitutional court of the Russian Federation // Municipality: economics and management. – 2021. – No. 1 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mestnoe-samoupravlenie-kak-forma-publichnoy-vlasti-v-resheniyah-konstitutsionnogo-suda-rossiyskoy-federatsii (date of access: 12.12.2023).
3. Zazulina M. R. Integrating into the system: local self-government in the conditions of the new federal reform // Bulletin of Kemerovo State University. Series: Political, sociological and economic sciences. – 2022. – No. 3 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vstroitsya-v-sistemu-mestnoe-samoupravlenie-v-usloviyah-novoy-federalnoy-reformy (access date: 12/13/2023).
4. Zekiev V. A. Technocratization of local government. [Electronic resource]. – Access mode: https://zakon.ru/blog/2021/12/17/tehnokratizaciya_mestnogo_samoupravleniya.
5. Myndrescu O.I. Local self-government as an institution of public authority and civil society // Science through the prism of time. – 2021. – No. 6 (51). – pp. 25-29. – EDN TKRIDN.
6. Naumkina V.V. Correlation of the concepts of the system of public power and the structure of public power // Power and society: history, current state and development trends: Collection of materials of the All-Russian scientific and practical conference, Abakan, April 21, 2023 / Scientific. ed. V.V. Naumkina, resp. ed. V. N. Kozlova. – Abakan: Khakass State University named after. N. F. Katanova, 2023. – P. 3-4. – EDN ZYRYCZ.
7. Uporov I.V., Grishay E.V., Popov M.Yu. Local self-government in Russia on the threshold of change: there are questions to the bill // Humanitarian, socio-economic and social sciences. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mestnoe-samoupravlenie-v-rossii-na-poroge-peremen-k-zakonoproektu-est-voprosy (date of access: 12/09/2023).
8. Fatyanov A. A. Problems of the concept of public power: the place of executive power in a unified system of public power // Current problems of protecting individual rights: Russian and foreign experience: Proceedings of the interuniversity scientific and practical conference, Moscow, February 20, 2023 / Edited by I R. Shikuly [and others]. – Moscow: Publishing House “Saratov Source”, 2023. – P. 118-122. – EDN ITXQLB.
CIVIL LAW
VASEVA Irina Sergeevna
Ph.D. in historical sciences, senior lecturer of Civil law disciplines sub-faculty of the Perm Institute of the FPS of Russia
ON THE ISSUE OF THE ACTIVITIES OF TERRITORIAL BODIES, AUTHORIZED REPRESENTATIVES OF THE PRESIDENT OF THE RUSSIAN FEDERATION
The article discusses the main provisions of the activities of territorial bodies, plenipotentiary representatives of the President of the Russian Federation. To fully understand the legal nature and nature of such bodies, it is necessary to analyze the general principles of the activities of executive authorities. Such principles are enshrined in relevant regulatory legal acts and are the result of managerial and administrative practice and theory.
Keywords: federal district, territorial executive authority, institute of plenipotentiaries of the President of the Russian Federation, plenipotentiary representative of the President of the Russian Federation, legal status of territorial bodies of federal districts.
Bibliographic list of articles
1. Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993. // Parliamentary newspaper. – 2009. – No. 4.
2. Alekhin A.P., Karmolitsky A.A. Administrative law of Russia. – M.: IKD “Zertsalo-M”, 2017. – P. 129.
3. Federal Law No. 1-FZ of December 14, 2021 “On the general principles of the organization of public power in the constituent entities of the Russian Federation” Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru
4. Pankova O. V. New system and structure of executive authorities: reference book. Benefit. – M.: WoltersKluwer, 2018. – P. 148.
5. Cherkasov K.V. Public administration at the level of the federal district: administrative and legal research. Diss. … doc. legal Sci. – M., 2016.
6. Decree of the President of the Russian Federation dated June 4, 2001 No. 644 “On some issues of the Ministry of Internal Affairs of the Russian Federation” // Collection of legislation of the Russian Federation. 2001. No. 24. Art. 2416.
7. Decree of the President of the Russian Federation dated May 5, 2014 No. 300 “On some issues of the Ministry of Internal Affairs of the Russian Federation” // Collection of legislation of the Russian Federation. 05/12/2014. No. 19. Art. 2396.
CIVIL LAW
GLINSHCHIKOVA Tatiana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
KUBOV Amir Adamovich
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
ZHEGET Vladimir Sergeevich
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
APPLICATION OF THE PRINCIPLE OF AUTONOMY OF WILL IN THE REGULATION OF PROPERTY RELATIONS OF SPOUSES
The article raises the problems arising in the implementation of the principle of autonomy of the will in the regulation of cross-border property relations of spouses. The authors focus on the conditions and features of the application of the principle of autonomy of will in the field of regulation of international property relations of spouses. It is indicated that family relations may be burdened by the presence of a foreign element: a subject or the location of an object on the territory of a foreign state. However, in this case, problems may arise in determining the applicable law. On the basis of certain provisions (norms) of family legislation, the problems of applying the principle of autonomy of the will in regulating the property relations of spouses are demonstrated. The authors in their work raise the issue of the need to amend the provisions of the conflict of laws rule of Article 161 of the RF IC, which raises the issue of choosing the applicable law when including a prenuptial agreement or an agreement on the payment of alimony. The conclusion is formulated about the need to regulate at the legislative level the form of agreement on the applicable law to the property relations of spouses.
Keywords: property relations of spouses, the principle of autonomy of will, agreement on applicable law, cross-border relations.
Bibliographic list of articles
1. Glinshchikova T.V. International legal regulation of factoring activities // Essays on the latest cameralistics. – 2012. – No. 2. – pp. 42-44.
2. Getman-Pavlova I.V., Kasatkina A.S. Problems of conflict of laws regulation of marriage and family relations in international private law of Russia // Law. Journal of the Higher School of Economics. – 2017. – No. 3. P. 92-110.
3. Marysheva N. I., Muratova O. I. Marriage agreement in private international law: legal regulation in Russia and the EU // Journal of Russian Law. – 2014. – No. 6. – pp. 101-111.
4. Tagaeva S. N. Legal regulation of marriage relations in private international law: abstract. dis. …cand. legal Sci. – Bishkek, 2007. – 73 p.
CIVIL LAW
KRYLOVA Ekaterina Vladimirovna
senior lecturer of Civil law sub-faculty of the Saratov State Law Academy
REGIONAL BRAND: POSING THE QUESTION
The paper considers a new marketing tool for balanced territorial development in Russia – a regional brand. The conceptual framework, scientific interpretations of the brand category and the regional brand are analyzed; its connection with regional identity, patriotism and the image of the territory is demonstrated. A comparison of this means of individualization with a geographical indication, the name of the place of origin of goods and a trademark is carried out. The conclusion is made about the importance of regional brands for the socio-economic and socio-cultural development of the regions.
Keywords: brand, regional brand, territory, identity, branding.
Bibliographic list of articles
1. Anholt S. Branding: the road to the world market. – M.: Kudits-Obraz, 2004. – 290 p.
2. Kotler F. Marketing management. – St. Petersburg: PETER, 2010. – 186 p.
3. Hankinson G. Relational network brands: Towards a conceptual model of place brands // Journal of Vacation Marketing. – 2004. – Vol. 10 No. 2. – Pp. 109-121.
4. Aaker D., Jochimsteiler. E. Brand leadership: a new branding concept. – M.: Grebennikov Publishing House, 2003. – 374 p.
5. Kapferer J.-N. Brand forever: creation, development, support of brand value / Transl. from English E. V. Vinogradova; under. total ed. V. N. Domnina. – M.: Vershina, 2017. – 448 p.
6. Rudaya E. Fundamentals of brand management. – M.: Aspect Press, 2006. – 254 p.
7. Gavrilova Z.V. Branding as an element of market sustainability of a modern enterprise // Marketing in Russia and abroad. – 2008. – No. 3 (65). – pp. 3-9.
8. Savelyeva O. O. Sociology of advertising influence. – M.: RIP-holding. 2006. – 283 pp.
9. Kalashnikova E. A., Zinina O. V. Tools for assessing the innovative potential of a university // Bulletin of KrasGAU. – 2012. – No. 11 (74). – pp. 259-264.
10. CatLer F. et al. Attracting investments, enterprises, residents and tourists to cities, communes, regions and countries of Europe // Advertiser: theory and practice. – 2005. – No. 2. – P. 45-49.
11. Olentsova Yu. A. Corporate culture // Economic security: legal, economic, environmental aspects. collection of scientific papers of the International Scientific and Practical Conference. – 2017. – pp. 8-11.
12. Vazhenina I. S. Image, reputation and territory brand: monograph. – Ekaterinburg, 2013. – 406 p.
13. Selyukov M.V., Shalygina N.P., Skachkov R.A., Kurach E.V. Formation of a competitive brand of the region // Fundamental Research. – 2011. – No. 8-3. – pp. 702-708.
CIVIL LAW
REZYAPOVA Guzel Fratovna
Ph.D. in philosophical sciences, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
COMMERCIAL CONCESSION AGREEMENT: PROBLEMS OF LEGAL REGULATION IN THE RUSSIAN FEDERATION
The article deals with the actual problems of legal regulation of a commercial concession agreement in the context of the development of entrepreneurship and the expansion of civil turnover of goods, works and services in the Russian Federation. The correlation of the regulation of this contract with the basic provisions of civil law and the current regulatory legal acts is carried out. The article analyzes the legal features of the commercial concession (franchising) agreement, the subject matter, subject matter and scope of the transferred rights under the agreement in modern conditions. Some problems arising in connection with the conclusion, modification, cancellation and termination of the contract are identified. The legal consequences of a commercial concession (franchising) agreement in the event of its termination or invalidation in court are under investigation. The article suggests ways to improve the norms of civil legislation governing this institution of law.
Keywords: contract, commercial concession agreement, franchising, state registration, trademark, brand name, modification, termination and termination of the contract.
Bibliographic list of articles
1. Avilova G. E. Commercial concession. – M., 2022. – P. 28.
2. Bagdasaryan A. F. Commercial concession agreement (franchising) // Civil legal problems of concluding an agreement. – M.: Statute, 2009. – 224 p.
3. Boboev D.K. Commercial concession agreements under the legislation of the Republic of Tajikistan: abstract of thesis. … candidate of legal sciences. – Dushanbe, 2010. – 25 pp.
4. Bondarenko V. P. Features of the commercial concession agreement and its legal regulation. Abstract for the academic degree of Candidate of Legal Sciences. – M., 2013. – P. 5.
5. Bondarenko D. P. Legal regulation of a commercial concession agreement in Russian law: abstract of thesis. … candidate of legal sciences. – Moscow, 2013. – 26 p.
6. Braginsky M.I., Vitryansky V.V. Contract law. Book three. Contracts for the performance of work and provision of services. – M.: Statute, 2002. – P. 977.
7. Gaboev S.S. Prospects for the legal regulation of commercial concessions: dissertation for the degree of candidate of legal sciences. – M.: 2008. – 166 p.
8. Gelashvili E.V. Commercial concession agreement: abstract of thesis. … candidate of legal sciences. – Krasnodar, 2007. – 23 p.
9. Mesyashnaya N.V. Legal issues of the formation of franchising in Russia: dissertation for the degree of candidate of legal sciences. – M.: 2000. – P. 19.
10. Orlova O. A. Commercial concession agreement under Russian and foreign legislation: dissertation for the degree of candidate of legal sciences. – Saratov, 2003. – P. 9.
11. Certain types of obligations in private international law / V. N. Borisov, N. V. Vlasova, N. G. Doronina and others; resp. ed. N. G. Doronina, I. O. Khlestova. 2nd ed., revised. and additional – M.: IZiSP, INFRA-M, 2014. – 352 p.
12. Slanova A. V. Commercial concession agreements in civil law of the Russian Federation: abstract of thesis. … candidate of legal sciences. – Krasnodar, 2006. – 23 p.
13. Sukhanova E. A. Civil law: Textbook: In 4 volumes. T. 4 / Ed. E. A. Sukhanova. – M.: Wolters Kluwer, 2011. – P. 32 @@ Tabastaeva Yu., Stauber P. Franchising in Russia: legal regulation and current judicial practice // Economics and Law. – 2007. – No. 7. – P. 34 – 35.
14. Tabarov N. A. Civil law regulation of the provision of exclusive rights under a commercial concession agreement: dis. …cand. legal Sci. – Dushanbe, 2015. – P. 132.
15. Trakhtengerd L. A. Commercial concession agreement (New concept) // Economy and Law. – 2007. – No. 4. – P. 33.
16. Shulga D. V. Regulation of a commercial concession (franchising) agreement in the civil law of Russia: didissertation… candidate of legal sciences. – Volgograd, 2005. – 169 p.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
MEDIATION AS ONE OF THE POSSIBILITIES FOR PRE-TRIAL SETTLEMENT OF A DISPUTE BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
This article explores the role and significance of mediation in the field of plastic surgery. The authors analyzed specific aspects of the mediation process, focusing on the wishes and requirements of patients, medical conditions, and financial and insurance factors. The main conclusion is the need for an integrated approach to mediation, which includes taking into account the interests of all parties, as well as factors that may influence the final result. The article examines in detail the wishes and requirements of patients as a key element of the mediation process in plastic surgery. The authors draw attention to the fact that misunderstanding or incorrect interpretation of these requirements and wishes can cause legal disputes and conflicts. At the same time, medical aspects, such as the qualifications of doctors and the specifics of surgical interventions, have a decisive influence on the outcome of mediation. Financial and insurance aspects are also important components of the mediation process. The article emphasizes the importance of taking these aspects into account when resolving conflicts and disputes in the field of plastic surgery through mediation. , the article provides valuable material for specialists working in the field of plastic surgery and mediation, as well as for anyone Thus interested in effective conflict resolution in this area. The comprehensive approach proposed by the authors allows for a deeper understanding of the mechanisms and principles of mediation in plastic surgery and creates the basis for the development of effective strategies and methods for resolving disputes in this area.
Keywords: mediation, plastic surgery, patients, medical aspects, financial aspects, insurance, legal disputes, conflicts, conflict resolution, integrated approach
Bibliographic list of articles
1. Antonova N. L., Merenkov A. V. Body as a project: design practices. Bulletin of the Perm National Research Polytechnic University // Socio-economic sciences. 2019. No. 2. P. 8-20.
2. Harutyunyan A. A. Mediation in criminal proceedings. M.: Infotropik Media, 2013. P. 200.
3. Aslyamova K. R. Problems of regulating legal relations in the field of plastic surgery // Scientific achievements and discoveries. 2018. pp. 156-159.
4. Bobrovskaya O. N., Ziganurova Z. Z. Novels in the legal regulation of relations arising in the field of aesthetic surgery // Medical law: theory and practice. 2019. No. 5 (1). pp. 111-115.
5. Werner E. Mediation as a way of out-of-court settlement of a dispute. Mediation as one of the methods of alternative dispute resolution. // Law. Kz. [Electronic resource], 2018.
6. Golub O. Yu. Prospects for the development of mediation // News of Saratov University. New episode. Series: sociology, political science. – 2017. – pp. 33-37. [Electronic resource]. – Access mode https://cyberleninka.ru/article/n/perspektivy-razvitiyamediatsii-v-rossii/viewer
7. Kopytkova N. V. Legal regulation of the provision of services in the field of plastic surgery // News of the Gomel State University. F. Skorina. 2016. No. 2 (95). pp. 83-87.
8. Manturova N. E., Kochubey V. V., Kochubey A. V. Competence of plastic surgeons // Bulletin of the Russian State Medical University. 2018. No. 2. P. 70. DOI: 10.24075/brsmu.2018.023
9. Popadenko E. V. Application of conciliation procedures (mediation) in criminal proceedings. M.: Yurlitinform, 2010
10. Popova Yu. A., Ilyushnikov D. S. Main forms of application of mediation: pre-trial and judicial // Power of the Law. 2016. No. 4. P. 47.
11. Streltsova E. G. Organization of mediation as an element of state policy in the sphere of protection of rights and interests (based on Russian historical and modern foreign experience) // Bulletin of civil process. 2012. No. 6. P. 47-56.
12. Mustafin D. Mediation as an alternative method of dispute resolution. // Law. Kz., 2017. [Electronic resource]. – Access mode: https://www.zakon.kz/4851117-mediacija-kak-alternativnyjj-sposob.html/
CIVIL LAW
MOZHENKO Nikita Sergeevich
student of the Law School Far Eastern Federal University, Vladivostok
THE PRINCIPLE OF ADVERSARIAL NATURE OF CIVIL PROCEEDINGS IN THE RUSSIAN FEDERATION
The relevance of the topic is due to the fact that social relations are constantly developing, and legal principles are rarely subject to change, unlike ordinary norms of law. The artickle analyzes the adversarial principle of civil procedural law, namely its normative fixation, content elements, characteristic features, positions of scientists, gaps in legal regulation, ways to eliminate gaps, own conclusions. There is an analysis of some issues of judicial practice, which can be further regulated. The author also emphasizes the possibility and necessity of eliminating some gaps.
Keywords: principle, adversarial nature, civil procedure, civil proceedings, civil procedural law, civil procedure code.
Bibliographic list of articles
1. Argunov A.V. Civil process in Russia and France: principles of adversarial and optional // Bulletin of VSU. – Series: Law. – 2022. – No. 1 (48). – pp. 43-51.
2. Kovalenko A. G. Civil process: textbook / Ed. Doctor of Law, Prof. A. G. Kovalenko, Doctor of Law prof. A. A. Mokhova, Doctor of Law, Prof. P. M. Filippova. – Moscow: Law firm “CONTRACT”; “INFRA-M”, 2008. – 448 pp.
3. Reshetnikov I.V. Civil process: textbook / I.V. Reshetnikov, V.V. Yarkov. – Moscow: Norma: INFRA-M, 2016. – 304 p.
4. Magomedova K.K. Electronic justice: problems and prospects for development in Russia // Legal Bulletin of the Dagestan State University. – 2021. – No. 4. – P. 145-152.
5. Sentsov I. A. Prosecutor in adversarial civil proceedings in Russia // Vestnik VGU. – Series: Law. – 2021. – No. 4 (47). – pp. 140-146.
6. Greshnova N. A. Theoretical analysis of the participation of a representative in civil proceedings as a condition for ensuring the principle of adversarial proceedings and protection of personal interests of citizens // Humanitarian, socio-economic and social sciences. – 2020. – No. 10. – P. 117-119.
CIVIL LAW
NIKOLAENKO Natalya Sergeevna
student of the 4th 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
DERENDYAEVA Sofiya Dmitrievna
student of the 4th 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
COMPARATIVE LEGAL ANALYSIS OF AN ENGINEERING CONTRACT
The article studies the concept of engineering in the legal sense of the word, the legal nature of the contractual structure for the implementation of engineering activities, and addresses issues of legal regulation of contract relations, their distinctive features and characteristics. A legal comparative analysis and characteristics of engineering regulation in various foreign countries are carried out. International acts related to issues of regulation of engineering are considered. In conclusion, the article draws general conclusions about the state of legal regulation of engineering activities in the world, identifies problem areas and the importance of establishing legal certainty in this matter.
Keywords: contract law, engineering, engineering activities, engineering contract, technical contract, work contract.
Bibliographic list of articles
1. Ivanov S.V. Development of cooperation between Russia and China in the mining industry // Problems of modern economics. Eurasian international scientific and analytical journal. – 2011. – No. 4 (40). – pp. 102-105.
2. Engineering services market – growth, trends, covid-19 impact, and forecast (2022-2027). [Electronic resource]. – Access mode: https://www.mordorintelligence.com/industry-reports/engineering-services-market.
3. Ivanova S.V., Sotnikov A.V., Taranovskaya E.V. Trends in the market for engineering services // Russian Foreign Economic Bulletin. – 2022. – No. 8. – P. 54-60.
4. Veretennikova I. I., Efimova I. N., Kovaleva T. N. Cash flows as a basis for the analysis of financial investments of an organization // Innovations in the agro-industrial complex: problems and prospects. – 2014. – No. 1. – P. 27-35.
CIVIL LAW
PRONINA Yuliya Olegovna
Ph.D. in economical sciences, associate professor of Civil law sub-faculty of the Southwestern State University, Kursk
LEGAL REGULATION OF DIGITAL INNOVATIONS USING THE EXAMPLE OF A SMART CONTRACT AS A CONTRACTUAL ASPECT OF E-COMMERCE
The author carried out work to analyze the current legislation regulating e-commerce. The work examines smart contracts as digital innovations. The article was the result of the author’s scientific work on the legal regulation of digital innovation.
Keywords: smart contract, digital innovation, contractual relations, civil turnover, legal regulation, e-commerce, distributed registry technologies, online commerce.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/56957
2. [Electronic resource]. – Access mode: http://www.pravo.gov.ru
3. [Electronic resource]. – Access mode: https://www.fintechru.org/directions/raspredelennyy-reestr/
4. Report for public consultation. Development of distributed ledger technology. Bank of Russia. December 2017. [Electronic resource]. – Access mode: https://www.cbr.ru/content/document/file/36007/reestr_survey.pdf (access date: 12.12.2023).
5. Ivneva E. V., Kavshbaya L. L. Smart contracts: prerequisites for digitalization of the business environment // Olympic legacy and large-scale events: impact on the economy, ecology and sociocultural sphere of host destinations: materials of the XIII International Scientific and Practical Conference, Sochi , May 18–20, 2023 / Sochi State University. – Sochi: Sochi State University, 2023. – P. 263-266. – EDN NEIUSH.
6. Prepared by specialists of JSC “Consultant Plus” What is a smart contract and how to conclude it // SPS ConsultantPlus. 2022.
7. Russian newspaper.” – No. 172. – 08/07/2019.
8. Russian newspaper.” – No. 173. – 06.08.2020.
9. Collection of legislation of the Russian Federation dated November 2, 2020 No. 44 art. 7003.
10. Collection of legislation of the Russian Federation dated January 2, 2023 No. 1 (Part III) Art. 476.
11. Collection of legislation of the Russian Federation.” – 10.15.2018. – No. 42 (part II). – Art. 6480.
CIVIL LAW
PLESHAKOVA Inna Nikolaevna
senior lecturer of Labor law sub-faculty of the V. F. Yakovleva Ural State Law University
MATERNAL (FAMILY) CAPITAL AS AN ATYPICAL TYPE OF SOCIAL SECURITY
The article examines the institution of maternal (family) capital as an atypical type of social security in the Russian Federation. The very concept of maternal (family) capital is subject to scientific discussion, and the opinions of scientists on the issue under study are discussed. The author gives a legal description of maternal (family) capital through the prism of non-characteristic features for other social provision, and explains the development of social security that is atypical in law.
Keywords: maternal (family) capital, social benefits, type of social security, development of atypical.
Bibliographic list of articles
1. Agashev D.V. Sustainability and structure of social security provision // Lex Russia. – 2017. – No. 4 (125). – pp. 133-143.
2. Arakcheev V.S. On the issue of the legal nature of “maternity capital” // Legal problems of strengthening Russian statehood: Coll. articles. Part 42 / Ed. B. L. Haskelberg, V. M. Lebedev, G. L. Osokina. – Tomsk: Tomsk State University Publishing House, 2009. – P. 156-158.
3. Baryshnikova T. Yu. Maternity capital as a special type of social security: family law and civil law aspects // Bulletin of labor law and social security law. – 2010. – No. 5.
4. Baryshnikova T. Yu. Maternity capital as a special type of social security: family law and civil law aspects // Bulletin of labor law and discussion rights: Sat. scientific tr. Vol. 5: Optimization of intersectoral connections of labor law and social security law / Ed. A. M. Lushnikova, M. V. Lushnikova. – Yaroslavl: YarSU, 2010. – P. 52-64.
5. Blagodir A. L. On the question of the structure of the Special Part of Social Security Law // Bulletin of Perm University. Legal sciences. – 2011. – No. 3 (13). – P.158-163.
6. Butenko E. I. The concept and signs of need in the law of social security // Russian legal journal. – 2010. – No. 1. – P. 195-202.
7. Guseva T. S. Theoretical and legal problems of the system of social payments associated with the conceptual apparatus used by the legislator // News of the Penza Pedagogical University. V. G. Belinsky. Social Sciences. – 2011. – No. 24. – P. 109-112.
8. Guseva T. S. Maternal (family) capital: ways to increase the efficiency of legal regulation // Family and housing law. – 2012. – No. 6.
9. Istomina E. A., Fedorova M. Yu. Legal mechanism for managing social risks: Monograph. – Ekaterinburg: Russian Academy of National Economy and Public Administration under the President of the Russian Federation, 2018. – 240 p. – ISBN 978-5-8056-0344-1. – EDN DETKIO.
10. Istomina E. A., Fedorova M. Yu. Legal status of citizens as subjects of social risk management // Bulletin of Perm University. Legal sciences. – 2020. – No. 49. – P. 576-603. – DOI 10.17072/1995-4190-2020-49-576-603. – EDN OFKWGU.
11. Istomina E. A. The expediency of social provision in the context of the economic interests of citizens and the state // Perm Legal Almanac. – 2020. – No. 3. – P. 514-525. – EDN PWUZAA.
12. CorsaneNkova Yu. B. Some problems of legal regulation of the provision of maternity capital // Current state of legislation and science of labor law and social security law: materials of the 6th International Scientific and Practical Conference, November 3-9, 2010 / Rep. ed. K. N. Gusova. – Moscow, 2010.
13. Korsanenkova Yu. B. Identification of the role of intersectoral connections in the process of interpreting the norms of social security law // Law and State: Theory and Practice. – pp. 149-151.
14. Korsanenkova, Yu. B. Identification of the role of intersectoral connections in the process of interpreting the norms of social security law. 2020. – No. 2 (182). – P. 151.
15. Korsanenkova Yu. B. Social support with children in the Russian Federation: reality and prospects: monograph. – M.: Wolters Kluwer, 2010. – 208 p.
16. Merkulova A. V. Maternal capital: questions of theory and practice // Scientific notes of the Oryol State University. – 2011. – No. 6.
17. Nesmeyanova S. E. Kalinina E. G. The concept of vulnerability of individual groups of persons: international and national experience // Russian law: education, practice, science. – 2017. – No. 4. – P. 7-12.
18. Ponomarev D. E. Genesis and essence of legal construction: dis. …cand. legal Sci. – Ekaterinburg, 2005.
19. Social security law in Russia / Ed. D. V. Agasheva, V. S. Arakcheeva. – Tomsk, 2015. – P. 3-47.
20. Puzyreva A. A. Limits of the use of private law structures in social security law: dis. …cand. legal Sci. – Ekaterinburg, 2020.
21. Sadikov O. N. Atypical institutions in Soviet civil law // Soviet State and Law. – 1979. – No. 2. – P. 32-39.
CIVIL LAW
PUKHART Alexander Askoldovich
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
SIBILEV Ilya Andreevich
postgraduate student of the 2nd year of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL REGULATION OF PROBLEMATIC ISSUES RELATED TO THE FUNCTIONING OF ARTIFICIAL INTELLIGENCE SYSTEMS IN THE RUSSIAN FEDERATION
The article discusses current issues of legal regulation of the artificial intelligence systems functioning in the Russian Federation. The main problem areas are defined, which legal regulation in the current legislation has gaps. The authors propose draft amendments to the legislation of the Russian Federation, touching upon topical issues of legal regulation of artificial intelligence systems. Minor amendments to the general provisions on intellectual property, modification of the design of the contract of author’s order, as well as the proposed mechanism of liability for damage caused by artificial intelligence are considered.
Keywords: intellectual property, artificial intelligence, copyright, copyright objects, civil liability.
Bibliographic list of articles
1. Tesla driver dies in first fatal crash while using autopilot mode. [Electronic resource]. – Access mode: https://www.theguardian.com/technology/2016/jun/30/tesla-autopilot-death-self-driving-car-elon-musk (accessed November 15, 2023)
2. Gaivoronskaya Ya. V., Galchun E. A. Harm caused by artificial intelligence: aspects of responsibility and legal personality // Advances in Law Studies. 2021. No. 4. P. 76-80. DOI: https://doi.org/10.29039/2409-5087-2021-9-4-76-80.
3. Martyanova E. Yu. On the issue of determining the subject of authorship in relation to works created by artificial intelligence // Perm Legal Almanac. 2019. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-opredelenii-subekta-avtorstva-v-otnoshenii-proizvedeniy-sozdannyh-iskusstvennym-intellektom (date of access: 12/10/2023).
4. Medvedev A.I. Legal aspects of artificial intelligence and related technologies // Journal of the Intellectual Rights Court. December 2022. Issue. 4 (38). pp. 48–63.DOI: 10.58741/23134852_2022_4_48.
5. Filipova I.A., Koroteev V.D. The future of artificial intelligence: an object or a subject of law? // Journal of Digital Technologies and Law. 2023. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/buduschee-iskusstvennogo-intellekta-obekt-ili-subekt-prava (date of access: 11/10/2023).
6. Khisamova Z. I., Begishev I. R. Legal regulation of artificial intelligence // Baikal Research Journal. 2019. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoe-regulirovanie-iskusstvennogo-intellekta (access date: 12/02/2023).
CIVIL LAW
SAYFULLINA Mariya Ivanovna
postgraduate student of Theory of state and law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
BALABANOVA Olga Olegovna
magister student of Civil law and process sub-faculty of the N. I. Lobachevskiy Nizhny Novgorod State University
CIVIL LAW CONTRACT: CONCEPT, LEGAL NATURE (HISTORICAL, LEGAL AND CIVIL ASPECTS)
The authors of the scientific work begin their research by studying the concept of “civil law contract”, the history of its development and its formation as a category of law. Revealing the essence of the civil law institution, the authors note that to date there has not been developed a unified approach to the interpretation of the term under study. The authors of this study conclude that the contract in question is a civil law category, since it acts as a universal regulator of civil legal relations arising at the conclusion of the contract.
Keywords: civil law contract, transaction, legal fact, legal relationship, civil law category, functions, legal nature.
Bibliographic list of articles
1. Berdnikov V.G. Functions of the contract” // Proceedings of VYUZI. – M., 1971. – T. X. – 83 p.
2. Bykov A.G. The main functions of a business contract and its role in the national economy // Economic law. – M., 1977. – 319 p.
3. Vitryansky V.V. General provisions on the contract // Codification of Russian private law (edited by P.V. Krasheninnikov). – M., 2017 – 312 pp.
4. Gongalo B.M. Civil law. – M., 2017. T. 2 – 544 pp.
5. Zavidov B. D. General provisions and individual features of obligatory legal relations. The essence of the obligation and the grounds for its occurrence in the Civil Code // Lawyer. – 2003. – No. 1. – P. 27-33.
6. Illarionova T. I. Civil law: textbook. for universities Part 1. – M.: Norma, 2002. – 545 pp.
7. Ioffe O. S. Law of Obligations. – M: Legal. lit., 1975.
8. Kazantsev M.F. On the question of the general theory of legal contract // Antinomies. – 1999. – No. 1. – P. 15-45.
9. Ivanov V.V. General issues of contract theory. – M.: URSS, 2000. – 158 p.
10. Kazantsev M.F. Contractual regulation. Civilistic concept: a textbook for universities. — 2nd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 393 p.
11. Krasavchikov O. A. Soviet civil law. T. 1. – M., 1985. – 578 p.
12. Kukolnik V. G. Russian private civil law. – St. Petersburg, 1815. – 285 p.
13. Meyer D.I. Russian civil law. – M.: Statute, 2003. – 603 p.
14. Morozova L. A. Contract as a universal legal structure // Legal technology. – 2013. – No. 7. – P. 510-512.
15. Pobedonostsev K.P. Course of civil law. Part 3: Agreements and obligations. – St. Petersburg, 1896. – P. 3.
16. Puginsky B.I. Theory and practice of contractual regulation. – M.: IKD “Zertsalo-M”, 2008. – 224 p.
17. Radishchev A. N. Draft civil code. PSS. T. 3. – M.-L., 1938-1954. – pp. 179-180.
18. Satina E. A. Essence, meaning and functions of a civil contract // Bulletin of TSU. – 2014. – No. 7. – P. 35-42.
19. Sukhanov E.A. Civil law: textbook. – M.: Statute, 2020. – 457 p.
20. Terlaich G. A brief guide to the systematic knowledge of civil private law in Russia. Part 2. – St. Petersburg, 1810. – 47 p.
21. Tomsinov V. A. The concept of an agreement in the draft civil code of the Russian Empire of the late XIX – early XX centuries // Vest. Moscow un-ta. – 2018. – No. 5. – P. 3-25.
22. Halfina R. O. The meaning and essence of the agreement in Soviet civil law. – M., 1954. – 453 pp.
23. Shchennikova L. V. On contract law, its prospects and the design of a civil contract // Legislation. – 2003. – No. 5. – P. 18-21.
CIVIL LAW
BAKHTINA Victoria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
LEE Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
GROMCHEVSKAYA Karina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
NAGAI Kira Alexandrovna
student of the Far Eastern Federal University, Vladivostok
MICHUROVA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
EVOLUTION AND SYNCHRONIZATION IN THE LEGAL FIELD: ANALYSIS OF THE DEVELOPMENT OF PRELIMINARY AGREEMENTS IN RUSSIA AND THEIR COMPLIANCE WITH INTERNATIONAL STANDARDS
This article examines the evolution of preliminary agreements in Russia, from the pre-revolutionary era to the present, with an emphasis on their compliance with international standards. The author analyzes the changes in the regulatory regulation of these agreements, the specifics of their enforcement, and the impact of the introduction of new provisions in the Civil Code of the RussianFederation. The article also includes a comparative analysis with international practices, highlighting the key trends and transformations taking place in the Russian legal field in the context of global legal trends.
Keywords: development of preliminary agreements, synchronization with international standards, the Civil Code of the Russian Federation, pre-revolutionary law, global legal trends, legal evolution, comparative analysis, legal innovations, history of jurisprudence.
Bibliographic list of articles
1. Serova Yu. G. Institute of sales in Russian law of the 18th-19th centuries: abstract. dis. …cand. legal Sci. – Nizhny Novgorod, 2007.
2. Sinaisky V.I. Russian civil law. – Kyiv: Printing house A. M. Ponomarev p.u. I. I. Vrublevsky, 1912. – 427 pp.
3. Pobedonostsev K.P. Course of civil law. Part three: Agreements and obligations. – SPb.: Type. A. A. Kraevsky, 1880. – 629 pp.
4. Kokorin I. S. The relationship between the preliminary and organizational agreement // Tsarskoye Selo Readings. – 2012. – N XVI. – pp. 125-134.
5. Shershenevich G. F. Textbook of Russian civil law. In 2 volumes. Volume 2. – M.: Statute, 2005. – 460 pp.
6. Savelyev A.I. Theory of Obligations: Current State and Development Prospects. – Moscow: Publishing House “Norma”, 2021. – 288 p.
7. Vinogradova P. V. Responsibility for violation of obligations in private international law. – Moscow: Legal literature, 2020. – 352 p.
CIVIL LAW
BARANOVA Alina Sergeevna
student of the Far Eastern Federal University, Vladivostok
KAREV Igor Andreevich
student of the Far Eastern Federal University, Vladivostok
MOISEENKO Daria Ruslanovna
student of the Far Eastern Federal University, Vladivostok
YELOVSKAYA Lika Vladimirovna
student of the Far Eastern Federal University, Vladivostok
MOSKINA Marina Nikolaevna
magister student of the Far Eastern Federal University, Vladivostok
ANALYSIS AND COMPARISON OF THE LABOR LAWS OF RUSSIA AND CHINA: LAYOFFS AND LABOR RELATIONS MANAGEMENT
This article is an analytical review and comparison of the labor laws of the Russian Federation and the People’s Republic of China. Attention is focused on the analysis of the criteria for the dismissal of employees, the regulation of the internal labor order, the norms of working time and rest, as well as on ways to maintain labor discipline. The study identifies key similarities and differences in approaches to labor relations management, reflecting the cultural, economic and political characteristics of each country. The results can be useful for determining the directions of development of labor legislation in both countries.
Keywords: labor law, criteria for dismissal, working hours and rest, labor discipline, labor relations management.
Bibliographic list of articles
1. Porokh N. Yu. Comparative legal study of labor legislation of Russia and the People’s Republic of China // Alley of Science. – 2021. – No. 10. – P. 698-704.
2. Daurbekov A. S. Contents of the employment contract in China // Social and political sciences. – 2018. – No. 4. – P. 147-150.
3. Law of the People’s Republic of China “On Employment Contracts” // Asia Business Information Portal. – 2022. [Electronic resource]. – Access mode: https://asia-business.ru/law/law3/dogovor.
4. Law of the People’s Republic of China “On Labor” // Information portal Asia Business. – 2022. [Electronic resource]. – Access mode: https://asiabusiness.ru/law/law3/trud.
5. Termination and termination of an employment contract in China // Information portal “Legal assistance in China”. – 2022. [Electronic resource]. – Access mode: https://chinahelp.me/work/rastorzhenie-i-prekrashhenie-trudovogo-dogovora-v-knr.
6. Li Huanyu. Labor Law of China: Current State and Development Prospects // Journal of International Law and International Relations. – 2020. – No. 3. – P. 112-117.
7. Jonathan Smith. Trends in the development of labor legislation in modern Russia // Russian Journal of Labor Law. – 2021. – No. 2. – P. 45-52.
CIVIL LAW
BLIZNETSOV Alexander Sergeevich
student of the Far Eastern Federal University, Vladivostok
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
MEZIN Maxim Kirillovich
student of the Far Eastern Federal University, Vladivostok
TOLKACHEV Roman Vladimirovich
student of the Far Eastern Federal University, Vladivostok
STANKEVICH Arina Sergeevna
student of the Far Eastern Federal Universityrsity, Vladivostok
THE EVOLUTION OF FAMILY LAW IN RUSSIA
This analytical review presents a historical analysis of family law in Russia, covering the period from Ancient Russia to the present day. The review includes a study of the most important stages in the development of family law, including the influence of Christian and Byzantine traditions, the transition to secular management of marital relations after 1917, and modern aspects of the Family Code of the Russian Federation. The focus is on the analysis of changes in the divorce process, issues of equality of spouses and protection of children’s rights, which allows for a better understanding of the dynamics of family law in Russia.
Keywords: history of family law, development of legislation, secular and religious influence, divorce, Family Code of the Russian Federation, protection of children’s rights, equality of spouses.
Bibliographic list of articles
1. Manakova S. M. Institute of divorce: legal nature and problems of legal regulation // Young scientist. – 2021. – No. 50 (392). – pp. 259–262.
2. Kravchenko E. V. Comparative analysis of family legal norms based on monuments of ancient Russian law // YuP. – 2020. – No. 4 (71). – pp. 61-65.
3. Dubrovskaya T.V. On the issue of legal regulation of divorce in Russia // Rule of law: theory and practice. – 2019. – No. 2 (56). – pp. 18-21.
4. Dementieva T. Yu. Termination and dissolution of marriage according to ancient Russian law // Vestnik VUiT. – 2021. – No. 2 (78). – pp. 14-18.
5. Vorobyova I.V. Conceptual ideas about divorce // Bulletin of the Russian State University for the Humanities. Series “Economics. Control. Right”. – 2020. – No. 9 (131). – pp. 6-9.
6. Family Code of the Russian Federation: federal. Law [dated December 29, 1995 No. 223-FZ (with subsequent amendments and additions)] // Collection. legislation of the Russian Federation. – 1996.- No. 1.- Art. 16.
7. Glendon, Mary Ann. Comparative Family Law: Anglo-American Responses to a Changing World Order // Harvard Journal of Law & Public Policy. – Vol. 22. – 1999. – R. 753-775.
8. Chicherov A.I. Development of family law in Russia and foreign countries: historical and legal aspect. – Moscow: Legal literature, 2018. – 320 pp.
CIVIL LAW
VORONOVA Sofya Alexandrovna
student of the Far Eastern Federal University, Vladivostok
BRAGA Snezhana Sergeevna
student of the Far Eastern Federal University, Vladivostok
BERDYKINA Valeriya Viktorovna
student of the Far Eastern Federal University, Vladivostok
ROSTOTSKIY Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
BASILOV Umid Ihtiyor ugli
student of the Far Eastern Federal University, Vladivostok
THE EVOLUTION AND PROBLEMS OF INTELLECTUAL PROPERTY RIGHTS IN RUSSIA: A HISTORICAL OVERVIEW AND CURRENT TRENDS
This article provides a comprehensive look at the history and current state of intellectual property rights in Russia. It begins with an analysis of the first privilege granted in 1698, and covers important legislative milestones up to the latest decisions of the Supreme Court of the Russian Federation. The main focus is on the challenges faced by the field of intellectual property rights, including the problems of classification, application of laws, ensuring a balance between the rights of authors and public interests, as well as integration into the international context in the context of globalization and digitalization.
Keywords: evolution of intellectual property rights, legislative reforms, copyright and patent law, law enforcement, globalization, digital era.
Bibliographic list of articles
1. Aleksandrova E. A., Shelengovsky P. G. Copyright, its development and consolidation in Russian legislation // Academic journalism. – 2017. – No. 6. – P. 48.
2. Zimin V. A. Legal nature of intellectual rights under the legislation of the Russian Federation: dis. …cand. legal Sciences: 12.00.03. – Moscow, 2015. – pp. 32-33.
3. Civil Code of the Russian Federation of October 21, 1994. Part 1. (as amended on December 5, 2022) // Collection of legislation of the Russian Federation. – 1996. – No. 32. – Art. 3301.
4. Civil Code of the Russian Federation of October 21, 1994. Part 4. (as amended on December 5, 2022) // Collection of legislation of the Russian Federation. – 2006. – No. 52. – Art. 5496.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Rossiyskaya Gazeta. – 2019. – No. 96.
6. Landes, W. M., & Posner, R. A. The Economic Structure of Intellectual Property Law. – Harvard University Press, 2003. – ISBN 0674012046.
7. Braginsky M.I., Vitryansky V.V. Contract law. Book Four:Agreements on the transfer of intellectual rights. – M.: Statute, 2019. – ISBN 978-5-8354-0897-3.
CIVIL LAW
GAYDUK Vyacheslav Alexandrovich
student of the Far Eastern Federal University, Vladivostok
ZHEVLAKOVA Darya Maksimovna
student of the Far Eastern Federal University, Vladivostok
GAVRILCHENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
KONOPLITSKAYA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MALACHEVSKAYA Taisiya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
THE ROLE OF CONTROLLING PERSONS IN BANKRUPTCY: RESPONSIBILITY AND LEGAL ASSESSMENT
This article provides an in-depth analysis of the role of controlling persons in bankruptcy processes in Russia, with an emphasis on their legal responsibility. Various aspects of their influence are under investigation, including internal and external responsibilities, as well as features of delicate liability in the context of Russian legislation. The latest changes in laws, their impact on court decisions are highlighted, as well as statistical trends and cases of prosecution in the field of bankruptcy are discussed, which underlines the importance of the topic in the modern legal environment of Russia.
Keywords: legal responsibility in bankruptcy, control of debtors, internal and external responsibility, delicate responsibility, legislative changes, judicial practice, trends in bankruptcy.
Bibliographic list of articles
1. Suvorov E. D. Subsidiary liability for the debtor’s obligations in the bankruptcy process: issues of law enforcement // Law. – 2013. – No. 12.
2. Savinykh V. A. Subsidiary liability: economic content and legal essence // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2012. – No. 12.
3. Lomakin D., Gentovt O. Responsibility of controlling persons: legal nature and mechanism of attraction to it // Economy and Law. – 2016. – No. 1.
4. 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 // SPS “ConsultantPlus”.
5. Materials of the round table “Subsidiary liability of owners of a bankrupt company: how does this institution work?” // Corporate strategies. Supplement to the weekly “Economy and Life”. – 2017. – No. 15.
6. Shipanova Yulia. Subsidiary liability of controlling persons in bankruptcy // Student theses. National Research University Higher School of Economics, 2019.
7. Ermilov V. B. Responsibility of controlling persons in the event of bankruptcy of the debtor // SHS Web of Conferences, Russian Academy of Intellectual Property. – Moscow, 2021.
CIVIL LAW
GORSHKOV Dmitriy Alexandrovich
General Director of “Gorshkov and Partners” Law Firm, competitor of Business law sub-faculty of the Russian State University for the Humanities
THE RATIO OF COLLATERAL MANAGEMENT AGREEMENTS AND SIMPLE PARTNERSHIPS
The formulation of such a scientific task as comparing a pledge management agreement and a simple partnership agreement is due not so much to the kinship of the compared structures as to the need to clarify the reasons for the legislative decision set out in paragraph 6 of Article 356 of the Civil Code of the Russian Federation. The paper considers the characteristic differences between the institutions of collateral management and a simple partnership. It is concluded that it is permissible to abandon the subsidiary application of the rules on simple partnership to the rights and obligations of creditors-mortgages among themselves.
Keywords: pledge management agreement, simple partnership, pledgee, syndicated lending, collateral obligations.
Bibliographic list of articles
1. Pevzner A. A. Novels of civil law regulation of the plurality of mortgagees // Law and Management. XXI Century. – 2016. – No. 2 (39). – P. 118.
2. The concept of private and public law: Collective monograph / Ed. V. I. Ivanova, Yu. S. Kharitonova. – M.: Unity-Dana, 2013. – 175 pp
3. Shcherbacheva L. V. Management of the right of pledge // Public service and personnel. – 2015. – No. 1. – P. 59.
4. Contract and obligation law (general part) article-by-article commentary to articles 307-453 of the Civil Code of the Russian Federation / V. V. Baybak, R. S. Bevzenko, O. A. Belyaeva and others; resp. ed. A. G. Karapetov. – M.: M-Logos, 2017. Electronic edition. Edition 1.0. 1120 pp. (author of the commentary to Article 356 of the Civil Code of the Russian Federation – R. S. Bevzenko).
5.Belov V. A. What has changed in the Civil Code?: practical. allowance. – M.: Yurayt, 2014. – 183 pp.
6. Gravin D.I. Syndicated lending in Russian and English law // Journal of Russian Law. – 2013. – No. 12. – P. 105.
7. Goreva A. A. Simple partnership agreement and its types: Russian law in the comparative legal aspect // Bulletin of civil law. – 2020. – 3 6. – P. 30-66.
8. Vavin N. G. Issues of civil law: Legal situation of civil partnerships // Law and Life. – M., 1926. – Book. 1. – P. 33.
9. Kachalova A. V. Legal features of concluding agreements on the provision of syndicated loans // Legislation. – 2006. – No. 2. – P. 57-64.
10. Civil law: Textbook: In 2 volumes / Answer. ed. E. A. Sukhanov. – M., 2000. – T. II. – P. 313.
11. Vasilevskaya L. Yu. Legal qualification of the collateral management agreement // Law. – 2016. – No. 3. – P. 41.
12. Makovsky A.L. Own experience is an expensive school // Current problems of private law: Sat. Art. to the anniversary of P. V. Krasheninnikov (Moscow – Ekaterinburg, June 21, 2014) / Ed. V.V. Vitryansky, S.Yu. Golovina, B.M. Gongalo and others – M., 2014. – P. 127.
13. Soviet civil law. T. 2 / Ed. V. A. Ryasentseva. – M., 1965. – P. 314 (author of the chapter – A.I. Maslyaev).
14. Civil Code of the Russian Federation: Pledge. Change of persons in an obligation. Article-by-article commentary to § 3 of Chapter 23 and Chapter 24 / Ed. P. V. Krasheninnikova. – M., 2014. – P. 124 (the author of the commentary on article 356 is O. A. Ruzakova).
CIVIL LAW
GROMCHEVSKAYA Karina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
LEE Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
MICHUROVA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
BAKHTINA Victoria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
NAGAI Kira Alexandrovna
student of the Far Eastern Federal University, Vladivostok
EVOLUTION AND STRATEGIC IMPORTANCE OF DISTRIBUTION AGREEMENTS IN GLOBAL COMMERCLE: LEGAL AND ECONOMIC ANALYSIS
This article provides an in-depth analysis of distribution agreements, with an emphasis on their strategic importance in the context of global commerce. Their development, legal aspects and impact on international trade are investigation. The focus is on the characteristics of distribution agreements, including exclusivity, the rights and obligations of participants, as well as the impact of globalization and technological innovations on their functioning. The authors analyze changes in the legislative environment affecting distribution networks and discuss current economic trends affecting the distribution of goods and services. The purpose of the article is to identify the key elements that determine the success and development directions of distribution agreements in various sectors of the economy.
Keywords: strategic importance of distribution agreements, global commerce, legal and economic aspects, technological innovations, international legislation, exclusive rights, globalization, judicial practice, economic changes.
Bibliographic list of articles
1. Borisova A. B. Distribution agreement // Journal of Russian Law. – 2005. – No. 3 (99). – pp. 56-64.
2. Kazberova O. M. Analysis of the distribution system and its role in the implementation of corporate strategy // Economic analysis: theory and practice. – 2012. – No. 14. – P. 44-50.
3. Andreeva S. A. Qualification of a distribution agreement under Russian law and delimitation from related contractual structures // Competition law. – 2013. – No. 3. – P. 10-15.
4. Errors in the agreement with the exclusive rights of the distributor in 2023 // Criminal lawyer. – 01/04/2023. [Electronic resource]. – Access mode: dmitriisazonov.ru.
5. International Distributor Agreements: Explained // Becker International Law. – 06/10/2019. [Electronic resource]. – Access mode: beckerinternationallaw.com.
CIVIL LAW
DOVGUSHEVA Anna Vladimirovna
student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Tatyana Andreevna
student of the Far Eastern Federal University, Vladivostok
MAGZYANOV Vladislav Petrovich
magister student of the Far Eastern Federal University, Vladivostok
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University, Vladivostok
BOTVINKO Diana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
PRIVACY MANAGEMENT IN THE DIGITAL AGE
This article provides a comprehensive analysis of Russian legislation and judicial practice in the context of privacy management and personal data protection. The emphasis is on the consideration of important court cases concerning the illegal use of personal information, taking into account the activities of the media and their relationship with government agencies. The influence and role of the Supreme Court of the Russian Federation in the formation of legal standards are investigated, as well as the consequences of new legislative initiatives for data processing companies are analyzed. The article aims to identify current problems and directions of development in this area, highlighting the importance of finding a balance between individual rights and the interests of public and private organizations.
Keywords: privacy management, personal data protection, Russian legislation, court decisions, digital security, the Supreme Court of the Russian Federation, interaction with the media, Roskomnadzor, data processing, personal rights.
Bibliographic list of articles
1. Yakovets E. N. The originality of the composition of protected confidential information // Law and cybersecurity. – 2021. – No. 2. – P. 51-58.
2. Federal Law “On Personal Data”: Scientific and practical commentary. – ed. A. A. Priezzhevoy. – No. 11. Russian newspaper. – 2015.
3. Federal Law of July 27, 2006 No. 152 “On Personal Data”.
4. Stanskova U. M. Shafikova G. Kh. Correlation between the constitutional right of an employee to private life and the employer’s right to obtain information about the employee // Bulletin of the South Ural State University. – 2016. – No. 13.
5. Petrov A. Ya. On the personal data of an employee: the current state of legal regulation // Labor Law. – 2018. – No. 4. – P.1-3.
6. Lushnikov A. M. Personal data as a type of information in labor law: problems of theory and practice // Law. – 2011. – No. 10. – P. 46
7. Krivonogov M. S. Legal regime of biometric personal data // Problems of modern science and education. – 2015. – No. 10. – P. 5.
8. Chernyaeva D. V. Legal regulation of employee personal data: experience of Europe and the USA // Issues of labor law. – 2007. – No. 3. – P. 33-35.
9. Miraev A.G. The concept of personal data in the Russian Federation and the European Union. CyberLeninka.
CIVIL LAW
YELOVSKAYA Lika Vladimirovna
student of the Far Eastern Federal University, Vladivostok
KAREV Igor Andreevich
student of the Far Eastern Federal University, Vladivostok
MOSKINA Marina Nikolaevna
magister student of the Far Eastern Federal University, Vladivostok
MOISEENKO Daria Ruslanovna
student of the Far Eastern Federal University, Vladivostok
BARANOVA Alina Sergeevna
student of the Far Eastern Federal University, Vladivostok
REGULATORY INSTRUMENTS IN MODERN RUSSIAN LEGISLATION: ASSESSMENT AND IMPLEMENTATION
This paper examines the application and theoretical aspects of regulatory instruments in the Russian legal context. The study includes an analysis of the concepts of “motivation” and “stimulation” and their role in various fields such as demography, information technology, education and the social sphere. The focus is on studying the effects of the family support program and tax preferences for IT companies, illustrating the impact of regulatory instruments on socio-economic processes in the country. The paper analyzes both the positive and negative sides of these mechanisms, including potential risks and the need to ensure a financial balance.
Keywords: regulatory instruments, incentives, demographic initiatives, family support, IT sector, tax preferences, social well-being, education policy.
Bibliographic list of articles
1. Sheindlin B.V. On the nature of the official role of Soviet socialist law // Questions of the Soviet state and law. – Leningrad University Publishing House, 1955. – P. 59
2. Revina S. N. On legal regulation and legal influence // Bulletin of the Nizhny Novgorod Academy of the Ministry of Foreign Affairs of Russia. – 2012. – No. 1 (17). – P. 48
3. Malko A.V. Incentives and restrictions in law: monograph. 2nd ed., revised, and add. // Lawyer. – 2004. – P. 60.
4. Bakhrakh D. N. Encouragement in the activities of public administration // Journal of Russian Law. – 2006. – No. 7.
5. Hirsch A. J. Legal Incentives and Behavioral Economics // Journal of Legal Studies. – 2021. – Vol. 50. – No. 1. – P. 79-102
6. Pavlovsky A.V., Petrova A.A. Modern trends in the development of legal regulation in the Russian Federation // Journal of Legal Research.- 2018. – No. 4. – P. 112-118.
CIVIL LAW
IZOTOVA Ekaterina Alexeevna
student of the Far Eastern Federal University, Vladivostok
VYRDYLINA Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
ZHUK Konstantin Denisovich
student of the Far Eastern Federal University, Vladivostok
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
FROLOV Vladimir Alexandrovich
student of the Far Eastern Federal University, Vladivostok
DYNAMICS AND CHALLENGES IN INTELLECTUAL PROPERTY REGULATION IN RUSSIA
This article provides a detailed overview of the current situation and future trends in the field of intellectual property protection in the Russian Federation. The development and difficulties arising in the context of legal regulation of intellectual property in conditions of constant technological and social change are investigated. The focus is on the main problems, such as the gap between technological development and legislative reaction, ambiguity in judicial practice and the impact of global standards on national legislation. Special attention is paid to the analysis of court cases concerning intellectual property rights, and current and future problems in the field of intellectual property protection in Russia are considered.
Keywords: intellectual property, legislative adaptation, judicial uncertainty, technological innovations, copyright, international influence, digital piracy.
Bibliographic list of articles
1. Polyakova Yu. A., Vorobyova O. A., Ivanov A. I. Protection of intellectual property and legitimate interests of the copyright holder // Baltic Humanitarian Journal. – 2019. – No. 2. – P. 160-165.
2. Chertakova E. M. Legal problems of improving the protection of intellectual property in the Russian Federation // Karelian scientific journal. – 2019. – No. 4. – P. 24-28.
3. Kopyev Alexey Vladimirovich. Name as a means of individualization of goods (works, services) in entrepreneurial activity // Legal Concept. – 2017. – No. 1. – P. 119-124.
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” – Access from the reference legal system “ConsultantPlus”.
5. Civil Code of the Russian Federation, part 4 (Civil Code of the Russian Federation, part 4) – Access from the reference legal system “ConsultantPlus”.
6. Ediev R. A. Stages of formation of political and legal norms for the protection of intellectual property // State and municipal management. Scientific notes. – 2020. – No. 1. – P. 247-253.
7. DLA Piper. Intellectual Property Rights in Modern Warfare and Russia’s Approach to IP Law in Times of Conflict. Accessed from the DLA Piper legal reference system. – 2022.
8. World Intellectual Property Indicators Report. Worldwide Trademark Filing Soars in 2020 Despite the Global Pandemic. Accessed from World Intellectual Property Organization (WIPO). – 2021.
CIVIL LAW
ZHEVLAKOVA Darya Maksimovna
student of the Far Eastern Federal University, Vladivostok
GAYDUK Vyacheslav Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KONOPLITSKAYA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MALACHEVSKAYA Taisiya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
GAVRILCHENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF MANAGEMENT STRATEGIES: FROM HIERARCHY TO BUSINESS INNOVATION
In the rapidly changing business world, where adaptation and flexibility become essential for success, rethinking management strategies turns out to be an important element. This article analyzes the transition from traditional, hierarchical management methods to more flexible and adaptive approaches, focusing on key aspects of changes in communication, teamwork and the use of technology.
Keywords: management strategies, hierarchical approaches, innovative approaches, adaptability, business strategies, flexibility in management, technological integration, team effectiveness.
Bibliographic list of articles
1. Rudakova L. V. Features of the development of a company’s management system in a digital economy // Financial business. – 2022. – No. 9 (231). – pp. 33-35.
2. Akmaeva R.I., Lunev A.P., Mineva O.K. Development of management from a traditional management system to self-learning and self-governing organizations // KAspian region: politics, economics, culture. – 2015. – No. 2 (43). – pp. 223-230.
3. Otstavnov S. S., Otstavnov N. S., Breusov A. V. Improving the organization’s management system: traditional and promising tools in the process of startup evolution // Innovations in management. – 2017. – No. 4 (14). – pp. 56-63.
4. Stepanyan T. M. Main problems of transformation of traditional personnel management systems // Personnel management – a component of organization development. Collection of articles based on the materials of the scientific and practical conference. Russian University of Transport (MIIT). – M., 2022. – P. 96-104.
5. Mintzberg H. The structuring of organizations: A synthesis of the research. – Prentice-Hall, 1979.
CIVIL LAW
KRIVONOSOVA Sofya Andreevna
student at the Law School of the Far Eastern Federal University, Vladivostok
SAVVATEEV Sergey Vladimirovich
student at the Law School of the Far Eastern Federal University, Vladivostok
SHICHKO Alexey Romanovich
student at the Law School of the Far Eastern Federal University, Vladivostok
ARTEMYEV Roman Dmitrievich
student of the Law School of the Far Eastern Federal University, Vladivostok
HISTORICAL DEVELOPMENT AND CURRENT STATE OF THE INSTITUTION OF COMPENSATION FOR MORAL DAMAGE
The formation of the institution of moral harm in the Russian state is analyzed, starting with Russian Pravda, Code of Laws of Ivan III and Code of Laws of Ivan VI, and ending with our time. Justifications for the reasons for reforming this institution are given. In particular, the historical cause-and-effect relationship of the formation of norms and rules on compensation for moral damage was traced. Some problems that currently exist in the legislation of the Russian Federation regarding the definition of the concept and the establishment of the amount of compensation are formulated.
Keywords: formation of the institution of moral harm, compensation for moral harm, problems of the institution of moral harm.
Bibliographic list of articles
1. Gatsky M. A. Moral harm: the magnitude of suffering and the amount of compensation. – Moscow: Publishing house MGOU, 2007. – 172 p.
2. Kuznetsova O. V. Compensation for moral harm: a practical guide. – Moscow: Justitsinform, 2009. – 67 p.
3. Khusnutdinova S. A. History of the emergence and development of the institution of compensation for moral harm in Russian law // Young scientist. – 2015. – No. 23 (103). – pp. 793-794.
CIVIL LAW
KUDINOV Maxim Valerjevich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
CLOSED-END MUTUAL INVESTMENT FUND AS AN OBJECT OF ENTREPRENEURIAL ACTIVITY
The article considers closed-end mutual funds as instruments of collective investment in the business segment. The author examines the current situation of closed-end funds in the financial market. In addition, the analysis of the legal status of this financial instrument from the point of view of the tax legislation of the Russian Federation is carried out, as well as its significance for entrepreneurial activity is revealed.
Keywords: closed-end mutual investment fund, entrepreneurial activity, business, tax, Bank of Russia, investor, shareholders.
Bibliographic list of articles
1. Abysov R.V. On the current state of the market of closed-end mutual investment funds in the Russian Federation // Man. Society. Society. – 2023. – No. 6. – P. 209-213.
2. Bukharov A. E. Structuring innovative projects using closed mutual investment funds // Drucker Bulletin. – 2022. – No. 5 (49). – pp. 210-220.
3. Gorin D.V. Subsidiary liability of members of a closed-end mutual investment fund // Modern scientific research: current issues, achievements and innovations: Collection of articles of the XXXIII International Scientific and Practical Conference, Penza, June 10, 2023. – Penza: Science and Enlightenment (IP Gulyaev G.Yu.), 2023. – P. 128-130.
4. Pavlova A. V. Commercial real estate and closed mutual real estate investment funds as objects of private investment in 2021 // Economics, entrepreneurship and law. – 2021. – T. 11. No. 5. – P. 1245-1270.
5. Shaimardanov T. R., Pogodin A. V. Closed mutual investment funds as a way of investing and structuring assets. Development of closed-end mutual funds in Russia and advantages in comparison with other mutual investment funds // Universum: economics and jurisprudence. – 2022. – No. 10 (97). – pp. 22-27.
CIVIL LAW
KUZNETSOV Dmitry Alekseevich
postgraduate student of Civil and corporate law sub-facultyof the St. Petersburg State Economic University (SPBGEU)
EVALUATION CATEGORIES IN LEGISLATION SUBORDINATED TO THE FEDERAL ANTIMONOPOLY SERVICE OF RUSSIA AND ECONOMIC JUSTICE: PROBLEMS OF APPLICATION (USING THE EXAMPLE OF THE CATEGORY “INSIGNIFICANCE”)
This article examines the problems of evaluation categories related to antimonopoly legislation, using the example of a traditional category for administrative law and well-known to administrative law and practitioners in the form of “insignificance”, demonstrates the gap the application of evaluation categories in cases involving antimonopoly authorities.
Keywords: evaluation categories, insignificance, competition law, administrative law, arbitration proceedings.
Bibliographic list of articles
1. Barmina O. N. Valuation categories have the right: based on judicial and arbitration practice. // Arbitration and civil process. – 2019. – No. 2. – P. 21-24.
2. Bershitsky E. E. Legal certainty and evaluation categories. – M.: Logos, 2021. – 154 p.
3. Vaipan A.V., Gabov A.V., Egorova M.A., Kinyov A.Yu., Petrov D.A. Economic concentration: experience in economic and legal research of market and legal structures: monograph / Responsible. ed. Doctor of Law M.A. Egorova. – M.: Justitsinform. 2016. – 552 pp.
4. Golubtsov V. G. Evaluation concepts in Russian codifications of civil law // Lex Russica (Russian law). – 2019. – No. 8. – P. 47-50.
5. Milsky A. S. The insignificance of the offense in the legislation of the Russian Federation on advertising. // Administrative law and process. – 2018. – No. 8. – pp. 53-57.
6. Rekhtina I.V. Bolovnev M.A. Types of assessment categories in the civil process. // Modern law. – 2019. – No. 6. – P. 99-103.
7. Ryasina A. S. Development of scientific ideas about assessment categories in Russian law // Russian justice. – 2020. – No. 6. – P. 4-7.
8. Sergeeva O. Yu. Noyaanova A. A. Valuation concepts in the arbitration process. // Arbitration and civil process. – 2013. – No. 6. – P. 2-6.
9. Smirnova M. G. Principles of law and evaluative categories: problems of correlation. // Principles of civil, arbitration and administrative proceedings: problems of theory and practice: collection of scientific articles / Comp. and ed. L.V. Voitovich. – St. Petersburg: Asterion, 2021 – 522 pp.
10. Titov E. E. Administrative responsibility for violations of the antimonopoly legislation of the Russian Federation. // Author’s abstract. dis. for the degree of Ph.D. – Ekaterinburg, 2015. –26 sec.
CIVIL LAW
KUCHUK Maxim Igorevich
student of the Far Eastern Federal University, Vladivostok
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
DONSKOY Vasiliy Andreevich
student of the Far Eastern Federal University, Vladivostok
ETHICAL AND LEGAL DILEMMAS IN ORGAN TRANSPLANTATION: A COMPARATIVE ANALYSIS OF WORLD PRACTICES AND RUSSIAN REALITY
This article provides a comprehensive analysis of ethical and legal issues related to organ and tissue transplantation. Central attention is paid to comparing approaches to donation in different countries, including studying the differences between international and Russian legislation. Important topics are discussed, such as the legal regulation of donation after death, ethical dilemmas and social aspects faced by the medical community and society. Special attention is paid to the study of various donation models, including the system of presumptive consent in France and the system of active consent in Germany, as well as the progressive approach introduced in the UK with the adoption of the “Max and Keira Law” . The article also examines how a variety of legislative approaches affect the effectiveness of donation programs and meeting the needs of recipients, taking into account moral and ethical norms and human rights.
Keywords: organ transplantation, legal aspects, ethics of transplantation, international practices, Law on burial, ethical dilemmas, social responsibility, Russian and world legislation, “Max and Keira’s Law”.
Bibliographic list of articles
1. Draft Federal Law “On Human Organ Donation and Transplantation”. [Electronic resource]. – Access mode: https://minzdrav.gov.ru/documents/8145
2. Without warning. Doctors legally remove a patient’s organs. 04/08/2015 [Electronic resource]. – Access mode: https://lenta.ru/articles/2015/04/08/transplantation/
3. Kudashova Tatyana Gennadievna O pcitizens have the right to dispose of their organs and tissues // News of OGAU. – 2012. – No. 36-1. – P. 260. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-prave-grazhdan-rasporyazhatsya-svoimi-organami-i-tkanyami.
4. “Civil Code of France (Napoleonic Code)” dated March 21, 1804 (as amended and supplemented as of September 1, 2011) // from the “International Law” information bank.
5. Bunyatova F. D. Types of testamentary dispositions in French civil law. – (Inheritance of certain types of property). – Text: direct // Inheritance law. – 2012. – No. 4. – P. 44-46.
6. Schroth U. Criminal legal framework of donation in Germany // Modern medical law. Collection of scientific papers. – M.: Publishing House INION RAS, 2003. – P. 339-348.
CIVIL LAW
KRIVONOSOVA Sofya Andreevna
student of the Law School of the Far Eastern Federal University, Vladivostok
SURKOV Artyom Nikolaevich
student of the Law School of the Far Eastern Federal University, Vladivostok
SAVVATEEV Sergey Vladimirovich
student of the Law School of the Far Eastern Federal University, Vladivostok
ARTEMYEV Roman Dmitrievich
student of the Law School of the Far Eastern Federal University, Vladivostok
GROUNDS FOR COMPENSATION FOR MORAL DAMAGE
In the article, compensation for moral damage is considered as a measure of legal liability. Four reasons for its occurrence were also identified; it was indicated that they must be present all together, otherwise liability does not arise, with only a few exceptions provided for by the legislation of the Russian Federation.
Keywords: measure of responsibility, grounds for compensation for moral damage, illegality, harm, causation, guilt.
Bibliographic list of articles
1. Burtsev A. A. Compensation for moral harm: concept and features // Bulletin of modern research. – 2018. – No. 9.4 (24). – pp. 384-386.
2. Kuznetsova O. V. Compensation for moral harm: a practical guide. – Moscow: Justitsinform, 2009. – 67 p.
3. Abramova E. N., Averchenko N. N. [et al.] Civil law: textbook / Ed. A. P. Sergeeva. – 2nd ed., revised. and additional – Moscow: Prospekt, 2020. – 1041 p.
4. Ezhova E. V. Compensation for moral damage, features of its compensation // New science: Problems and prospects. – 2017. – T. 1. No. 3. – P. 203-206.
CIVIL LAW
MAKLETSOVA Irina Kirillovna
postgraduate student of Civil law sub-faculty of the Saratov State Law Academy
ELECTRONIC AND NON-ELECTRONIC PROCUREMENT FOR STATE AND MUNICIPAL NEEDS
The article discusses the features of electronic and non-electronic procurement to meet state and municipal needs. Thus, for more than 10 years, the priority task of state policy has been the digitalization of procurement and the transition to electronic procedures, however, the current military and political situation in the world, as well as the sanctions policy on the part of unfriendly states, forces us to change the course of openness of the contract system to “closeness” of procurement by conducting them in non-electronic form. Based on the analysis, the author formulated the terms electronic and non-electronic procurement, which are proposed to be fixed at the legislative level.
Keywords: digitalization, electronic and non-electronic public procurement, contract system.
Bibliographic list of articles
1. Kholkina N. A., Shvets A. V. Development of digitalization of the contract system in the field of procurement // Financial markets and banks. 2019. No. 2.
2. Khanin S.V., Saberova M.Sh. The principle of openness and transparency in the legislation on the contract system // Legal technology. 2020. No. 14.
3. Shmeleva M. V. Electronic procurement as a way to protect public interests // Legal Concept. 2019. No. 4.
4. Yuzefovich Zh. Yu., Pereverzeva N. A. Legal guarantees for the implementation of the principles of the contract system in the sphere of procurement of goods, works, services for state and municipal needs // BGZh. 2018. No. 3 (24).
5. Titova G. G. Civil law role of the electronic trading platform in determining the supplier of goods for public needs // Agrarian and land law. 2019. No. 4 (172). pp. 12-15.
CIVIL LAW
MALACHEVSKAYA Taisiya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
KONOPLITSKAYA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
GAYDUK Vyacheslav Alexandrovich
student of the Far Eastn Federal University, Vladivostok
GAVRILCHENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
ZHEVLAKOVA Darya Maksimovna
student of the Far Eastern Federal University, Vladivostok
HARMONIZATION OF GLOBAL AUDITING STANDARDS: GLOBAL CHALLENGES AND DEVELOPMENT STRATEGIES
In the era of globalization, financial markets are becoming increasingly interconnected, which underscores the need to harmonize auditing standards at the international level. The effectiveness and reliability of financial reporting are becoming key factors for ensuring transparency and trust in the international economy. The implementation of International Standards on Auditing (ISA) is an integral part of this process aimed at harmonizing accounting and auditing practices worldwide. The study focuses on the influence of major international financial institutions such as the IMF and the EU on the process of unification of auditing standards, and analyzes the difficulties and obstacles faced by developing countries in adapting to these standards. The role of educational programs and audit reforms in improving the competencies of specialists and increasing the effectiveness of national audit institutions is emphasized.
Keywords: global auditing standards, ISA, International Monetary Fund, integration of financial markets, educational programs in auditing, national audit institutions, financial reporting, economic development.
Bibliographic list of articles
1. Galkina E.V. Accounting and audit. – M.: KnoRus, 2018. – P. 448.
2. Brykova N.V. Fundamentals of accounting, taxes and audit: Textbook. – M.: Academia, 2017. – P. 77.
3. Suvorova S.P. International auditing standards // S.P. Suvorova, N.V. Parushina, E.V. Galkina. – M.: Infra-M, Forum, 2017. – P. 320.
4. Serebryakova T. Yu. Theory and methodology of end-to-end internal control. – M.: INFRA-M, 2016. – P. 328.
5. IAASB. Handbook of International Quality Management, Auditing, Review, Other Assurance, and Related Services Pronouncements. 2022 Edition. – New York: IAASB, 2023.
6. Pugachev V.V. International audit standards. 2nd edition, revised and expanded. – M.: Business and Service, 2009.
CIVIL LAW
NIKOLAENKO Natalya Sergeevna
student of the 4th 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
DERENDYAEVA Sofiya Dmitrievna
student of the 4th 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 ENGINEERING SERVICES AND THEIR DIRECT IMPACT ON THE RUSSIAN ECONOMY
The article provides a legal analysis of engineering services, which are one of the supporting factors for the growth of the national economy of the Russian Federation. A number of problematic issues that arise when including engineering contracts are considered. The use of engineering structures in agreements between participants in civil transactions and their significance in the economic life of society as a type of economic activity are studied.
Keywords: engineering, engineering services, engineering operations, construction, comparative legal analysis.
Bibliographic list of articles
1. Rybets D.V. Stages of development of engineering (engineering and consulting) services on the world market // Russian Foreign Economic Bulletin. – 2016. – No. 1. – P. 101-111.
2. Lyukshin A. M. Agreement for the provision of engineering services // Business, management and law. – 2010. – pp. 130-138.
3. Draft Federal Law “On Engineering and State Support of Engineering Activities in the Russian Federation” (prepared by the Union of Mechanical Engineers of Russia). [Electronic resource]. – Access mode: https://tass.ru/ekonomika/695219.
4. Concept of the Federal Law “On Engineering Activities in the Russian Federation” (under the general editorship of I. V. Meshcherin). [Electronic resource]. – Access mode: http://archiv.nop.ru/upload/iblock /4e7//
5. Russia in numbers 2020. Rosstat. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/GOyirKPV/Rus_2020.pdf.
6. Fedotova N. L., Solovyeva E. B., Vtorov V. B., Yun L. G. Implementing Sino-Russian educational programs for training Chinese engineers // Integration of education. – 2019. – No. 2 (95). – pp. 164-181.
7. Cooperation between Russian Helicopters and Avicopter. [Electronic resource]. – Access mode: https://www.aex.ru/m/news/2019/6/5/198194/.
8. Sokolova E. S., Leontyeva L. S., Shkarina V. S. Prospects for RussiaThai cooperation on technology exchange in the field of digitalization: current trends and development paths // Scientific result. Economic research. – 2022. – No. 2. – P. 13-22.
CIVIL LAW
MOZHENKO Nikita Sergeevich
student of the Law School Far Eastern Federal University, Vladivostok
THE PRINCIPLE OF DISPOSITIVENESS OF CIVIL PROCEEDINGS OF THE RUSSIAN FEDERATION
The article analyzes the principle of dispositiveness of civil procedural law, namely its normative fixation, content elements, characteristic features, positions of scientists, gaps in legal regulation, ways to eliminate gaps, own conclusions. The topic is relevant, because there is a constant development of social relations, which should be regulated not only by ordinary norms, but also by principles, which are quite rarely subject to change. It also highlights the possibility and need to address some gaps. Comparative-legal and formal-legal methods made up the methodological base. The general scientific methods of analysis, synthesis and system approach are also used.
Keywords: principle, dispositiveness, civil procedure, civil litigation, civil procedural law, civil procedural code.
Bibliographic list of articles
1. Vaskovsky E.V. Course in civil procedure: Subjects and objects of the process, procedural relations and actions: textbook. – Moscow: Statute. – 2016. – 303 pp.
2. Musina V. A., Chechina N. A., Chechota D. M. Civil process: textbook. – M.: Pboyul Grizhenko. – 2001. – 544 p.
3. Shakaryan M. S. Civil procedural law: textbook. – Moscow: Prospekt, 2004. – 584 p.
4. Kuras T. L. The principle of dispositivity in the Russian civil process: modern and historical aspects // Siberian Legal Bulletin. – 2022. – No. 3 (98). – pp. 69-77.
5. Konusova V. T. The role and forms of participation of the prosecutor in civil proceedings in the context of the new Civil Procedure Code. – [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=38385956&pos=6;-106#pos=6;-106.
6. Skryabin S.V., Akimbekova S.A., Ler S.M. Participation of the prosecutor in the judicial process: comparative legal analysis. – [Electronic resource]. – Access mode: https://docplayer.ru/46722676-Uchastie-prokurora-v-grazhdanskom-processe-sravnitelno-pravovoy-analiz-1.html.
7. Seytova Zh. The role of the prosecutor in civil proceedings. – [Electronic resource]. – Access mode: 185.107.174.154:8080/bitstream/handle/7171/142/2016-03-41 43.pdf?sequence=1&isAllowed=y.
8. Ospanova A. S. Participation of the prosecutor in civil proceedings in the light of the implementation of the Nation Plan – 100 concrete steps. – [Electronic resource]. – Access mode: http://infozakon.kz/gov/1630-uchastie-prokurora-vgrazhdanskom-processe-v-svete-ispolneniya-plana-nacii-100-konkretnyhshagov.html.
9. Akimbekova S. A., Maksatov N. R. Interaction between the court and the prosecutor’s office: issues of theory and practice // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2021. – No. 1 (64). – pp. 91-97.
CIVIL LAW
OSTROZHNIKOV Andrey Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KAN Natalya Andreevna
student of the Far Eastern Federal University, Vladivostok
BLIZNETSOV Andrey Sergeevich
student of the Far Eastern Federal University, Vladivostok
GULEVICH Margarita Olegovna
student of the Far Eastern Federal University, Vladivostok
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
DIFFERENTIATION OF THE GROUNDS OF CIVIL LEGAL PERSONALITY
This article analyzes the time and legal limitations of civil legal capacity within the framework of Russian legislation. The key provisions of the Civil Code of the Russian Federation are studied, with an emphasis on legal capacity from the moment of birth, including a discussion of the legal status of the embryo and the specifics of protecting the rights of an individual after her death. The article focuses on the study of the norms governing the rights of the embryo and extraordinary cases where legal capacity can be applied even after the death of a person, covering issues such as posthumous marriages and the protection of the personal non-property rights of the deceased. The importance of a new look at the definition of civil legal capacity and its impact on the status of an individual as a participant in civil relations is emphasized, and the need for further research in this area is highlighted.
Keywords: civil legal capacity, the Civil Code of the Russian Federation, the legal status of the embryo, posthumous marriages, protection of personal rights after death, the beginning and end of legal capacity.
Bibliographic list of articles
1. Kaminskaya E.I. Personal non-property rights of the author: renunciation of unnecessary illusions or loss of values? // In the book: Current issues of Russian private law: Sat. Art., dedicated to the 80th anniversary of the birth of V. A. Dozortsev. – M., 2008. – P. 224-260.
2. Polich S. B. Some features of the legal personality of persons – participants in civil and family relations // Bulletin of Perm University. Legal sciences. – 2018. – Issue. 42. – pp. 664-684.
3. Civil Code of the Russian Federation. Part one of November 30, 1994 No. 51-FZ // SZ RF. – 1994. – No. 32. – Art. 3301.
4. Civil Code of the Russian Federation. Part three of November 26, 2001 No. 146-FZ // Ross. gas. – 2001. – November 28
CIVIL LAW
SARANCHUK Lina Nikolaevna
student of the Far Eastern Federal University, Vladivostok
DENISYUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
ROZHENTSEVA Arina Pavlovna
student of the Far Eastern Federal University, Vladivostok
BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
TARNOVSKAYA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF LABOR RELATIONS AND LEGISLATION IN RUSSIA
This article provides a detailed analysis of the transformation of labor relations and legislation in Russia from antiquity to the present day. The development of labor standards is investigative, starting from the early medieval era and ending with an analysis of the modern Labor Code of the Russian Federation. The article examines important political, economic, and social changes affecting the formation of labor legislation, including the impact of globalization, technological progress, and the introduction of international standards. The article focuses on the need to adapt legislation to the changing conditions of our time and examines the future prospects for the development of labor law in the context of global trends.
Keywords: labor relations, legislation, Russia, historical development, globalization, technological progress, international standards, Labor Code of the Russian Federation, social interaction, economic changes.
Bibliographic list of articles
1. Code of Labor Laws of the RSFSR of December 9, 1971 // Gazette of the Supreme Soviet of the RSFSR. – 1971. – No. 50. – Art. 1007.
2. Code of Labor Laws of the RSFSR of November 9, 1922 // Collection. legalization of the RSFSR. – 1922. – No. 70. – Art. 903.
3. Livshits R.Z. Labor legislation of Russia. Legislative acts and comments / R. Z. Livshits, O. S. Khokhryakova // Profstroy. – 1993. – P. 170.
4. Sinyushina O. F. History of the employment contract // Young scientist. – 2020. – No. 48 (338). – pp. 338–341.
5. Tal L. S. Industrial law // Moscow Commercial Institute. Review of teaching for the 1915/1916 academic year. I. Economic department. – M., 1915; Essays on industrial law. – M., 1916.
6. Labor Law in Russia: Recent Developments and New Challenges. – Cambridge Scholars Publishing.
7. Global Employment and Labor Law Update for 2023. – Eversheds Sutherland.
CIVIL LAW
SIDOROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ZOLOTUKHINA Darya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
SUKHANOVA Darya Igorevna
student of the Far Eastern Federal University, Vladivostok
ZYRYANOVA Anastasiya Alekseevna
student of the Far Eastern Federal University, Vladivostok
TRUSHKOV Ivan Igorevich
magister student of the Far Eastern Federal University, Vladivostok
REFORMING WORK PROCESSES: ASSESSING THE IMPACT OF REMOTE WORK ON RUSSIAN LEGISLATION
This article presents an analysis of changes in work processes related to the transition to remote work and their impact on the Labor Code of the Russian Federation. The main focus is on facilitating labor protection standards for remote workers and adjusting the terms of employment contracts. Both positive and negative aspects of these changes are considered, including possible legal difficulties, technological adaptations, social and psychological issues, as well as economic consequences for the labor market. The article offers a comprehensive look at the consequences of these reforms and their impact on labor processes in the country.
Keywords: remote work, reforms of the labor legislation of the Russian Federation, legal difficulties, labor protection standards, technological reform, labor market, social and psychological issues, economic consequences.
Bibliographic list of articles
1. Federal Law of December 8, 2020 No. 407-FZ “On amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and the temporary transfer of an employee to remote (remote) work at the initiative of the employer in exceptional cases.”< br /> 2. Letter of the Ministry of Labor of the Russian Federation dated June 9, 2017 No. 14–2\OOG-4733.
3. “Labor Code of the Russian Federation” dated December 30, 2001 No. 197-FZ (as amended on April 30, 2021) (with amendments and additions, entered into force on May 1, 2021).
4. Report “Key Insights from The 2023 State of Remote Work” on buffer.com.
CIVIL LAW
SUKHANOVA Darya Igorevna
student of the Far Eastern Federal University, Vladivostok
SIDOROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ZYRYANOVA Anastasiya Alekseevna
student of the Far Eastern Federal University, Vladivostok
ZOLOTUKHINA Darya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
TRUSHKOV Ivan Igorevich
magister student of the Far Eastern Federal University, Vladivostok
NEW HORIZONS IN PERSONAL DATA PROTECTION: REVISION OF RUSSIAN LEGISLATION IN THE DIGITAL AGE
This article is an in-depth analysis and critical revision of Russian legislation in the field of personal data, with an emphasis on its adaptation to modern technological trends. The authors highlight the weaknesses of the Federal Law “On Personal Data”, discussing the problems associated with marketing violations and insufficient protection of the rights of data subjects. Special attention is paid to the impact of new technologies such as big data and artificial intelligence on the current legal environment. In the final part of the article, proposals are presented to modernize legislation, strengthen control mechanisms and raise public awareness of the importance of personal data protection.
Keywords: personal data protection, legislative reform, digital technologies, legal shortcomings, big data, artificial intelligence, liability for violations, information security.
Bibliographic list of articles
1. Vlasova N.V., Gracheva S.A., Meshcheryakova M.A. et al. Legal space and people: monograph / Rep. ed. Yu. A. Tikhomirov, E. V. Pulyaeva, N. I. Khludeneva // Institute of Legislation and Comparative Law under the Government of the Russian Federation. – 2013.
2. Elin V. M. The importance of civil law mechanisms for protecting computer information in the conditions of the information society // Problems of information security. Computer systems. – 2015. – No. 1. – P. 74-82.
3. Federal Law “On Personal Data” dated July 27, 2006 No. 152-FZ (latest edition) – Access from SPS “ConsultantPlus”.
4. Solove D. J. & Hartzog W. The FTC and the New Common Law of Privacy. Columbia Law Review. – 2014. – Vol. 114. – No. 3. – P. 583-676. – Provides an analysis of the US Federal Trade Commission’s activities in the field of personal data protection, exploring the formation of new legal norms.
5. Gorbatova E. Yu. Main aspects of regulation of personal data processing in the European Union // Legislation and Economics. – 2020. – No. 2. – P. 52-59. – Examines the specifics of European Union legislation in the field of personal data, including the General Data Protection Regulation (GDPR).
CIVIL LAW
TRUSHKOV Ivan Igorevich
magister student of the Far Eastern Federal University, Vladivostok
ZOLOTUKHINA Darya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
SIDOROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ZYRYANOVA Anastasiya Alekseevna
student of the Far Eastern Federal University, Vladivostok
SUKHANOVA Darya Igorevna
student of the Far Eastern Federal University, Vladivostok
INTELLECTUAL PROPERTY RIGHTS PROTECTION IN THE CONTEXT OF GLOBALIZATION: AN ANALYSIS OF RUSSIAN PRACTICE
This article provides an in-depth analysis of intellectual property rights protection in Russia, especially in the context of globalization and technological change. It studies the problems and uncertainties in legislation and judicial practice, emphasizing the importance of adapting to new economics andtechnological realities. The article also examines the impact of international norms on the Russian intellectual property system and suggests strategies to improve the current situation.
Keywords: intellectual property protection, Russian legislation, lawsuits, globalization, technological innovations, international coherence, knowledge economy.
Bibliographic list of articles
1. Chertakova E. M. Legal problems of improving the protection of intellectual property in the Russian Federation // Karelian scientific journal. – 2019. – No. 4. – P. 24-28.
2. Ediev R. A. Stages of formation of political and legal norms for the protection of intellectual property // State and municipal management. Scientific notes. – 2020. – No. 1. – P. 247-253.
3. Kopyev A.V. Name as a means of individualization of goods (works, services) in entrepreneurial activity // Legal Concept. – 2017. – No. 1. – P. 119-124.
4. Polyakova Yu. A. Vorobyova O. A. Ivanov A. I. Protection of intellectual property and legitimate interests of the copyright holder // Baltic Humanitarian Journal. – 2019. – No. 2. – P. 160-165.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” – Access from the reference legal system “ConsultantPlus”.
6. Civil Code of the Russian Federation, part 4 (Civil Code of the Russian Federation, part 4) – Access from the legal reference system “ConsultantPlus”.
7. Barglovsky A.V. Intellectual rights in the digital era: challenges and prospects // Journal of Law and Economics. – 2021. – No. 6. – P. 42–49.
CIVIL LAW
UTVA Irina Sergeevna
student of the Far Eastern Federal University, Vladivostok
RUBAN Polina Olegovna
student of the Far Eastern Federal University, Vladivostok
THE ART OF NEURAL NETWORKS AS AN OBJECT OF DIGITAL LAW: LEGAL UNCERTAINTY.
The article examines the art of neural networks as a digital phenomenon. The regulation of legal relations in the field of art creation by neural networks both in foreign countries and in the Russian Federation is revealed. The authors analyzed the legislation of the countries, identified differences in the understanding of the subject of copyright, pointed out the need for the development of legislation in the field of regulation of digital relations in the field of digital law. The provisions of the legal doctrine on the belonging of the art of neural networks to the objects of digital law and neural networks themselves to the subjects of digital law are presented, as well as their own position on this issue is given.
Keywords: digital law, neural network, neural network art, object of digital law, subject of digital law.
Bibliographic list of articles:
1. Ishutin A.V., Kosarimov S.V., Chikirka E.V. “Neural art” as an object of copyright // Social innovations and social sciences. – Moscow: INION RAS, 2021. – No. 1. – P. 133-144.
2. Safin R. R., Maskin K. A. Legal regulation of copyright objects created using a “neural network” // Legal regulation of intellectual property and innovative activity: collection. articles of the scientific and methodological seminar. – Moscow: Prospekt, 2018. – 157 p.
3. Sinelnikova V. N., Revinsky O. V. Rights to the results of artificial intelligence // Copyright. – 2017. – No. 4. –S. 24-27.
4. Andres Guadamuz. The monkey selfie: copyright lessons for originality in photographs and internet jurisdiction. // Internet Policy Review. – 2016. – No. 5 (1). [Electronic resource]. – Access mode: https://policyreview.info/articles/analysis/monkey-selfie-copyright-lessons-originality-photographs-and-internet-jurisdiction (date of access: 12/12/23).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
PAYMENT OF THE STATE FEE WHEN SUBMITTING A PATIENT’S STATEMENT OF CLAIM TO THE PLASTIC SURGERY CLINIC
The article analyzes the risks associated with plastic surgery for citizens, the grounds for applying to the courts with claims to plastic surgery clinics. The concept and essence of the state duty on civil cases, the amount of the state duty on claims against plastic surgery clinics, including in the presence of several interrelated property methods, are disclosed. The composition of the patients’ claims contained in the statements of claim is investigated. Examples from judicial practice in this category of cases are given.
Keywords: plastic surgery, statement of claim, state duty, property claim, moral damage, court.
Bibliographic list of articlesok
1. Abdusalamova M. Sh., Kutuev T. F. State duty as a legal category // Bulletin of the Penza State University. 2020. No. 4 (32).
CIVIL PROCEDURE
MAKSIMCHUK Maxim Vyacheslavovich
senior lecturer of Civil law disciplines sub-faculty of the Perm Institute of the FPS of Russia
LEGAL ASPECTS OF OPTIMIZATION OF TAXATION OF ENTERPRISES
The article examines such a function of the branch of arbitration procedural law as an educational function, substantiates its objective existence among other functions of the industry, analyzes arbitration procedural legislation for the presence of norms in it that have an educational effect on the will and consciousness of the subjects of the arbitration process, on their moral and ethical quality.
Keywords: educational function of law, arbitration process.
Bibliographic list of articles
1. Baitin M.I. On the principles and functions of law: new points // Jurisprudence. 2000. No. 3. P. 4-16.
2. Filimonov V.D. Protective function of criminal law. St. Petersburg, 2003. 198 pp.
3. Radko T. N. Theory of functions of law. Monograph. M., 2014. 295 pp.
4. Radko T. N. Functions of law // General theory of law / Ed. V. K. Babaeva. N. Novgorod, 1993. 513 pp.
5. Mashukova E. M., Ulezko G. S., Miroshnichenko F. V. The essence and content of the educational function of law in the totality of directions of the legal influence of the state on public relations // Law and State: Theory and Practice. 2023. No. 7 (223). pp. 355-357.
6. Civil process: Textbook. Third edition, revised and expanded // Ed. V.A. Musina, N. A. Chechina, D. M. Chechota. M., PBOYUL Grizhenko, 2001. 544 p.
7. Skobelev V.P. Problems of motivation of judicial decisions in civil procedural law of the Republic of Belarus // Bulletin of civil process. 2012. No. 3. P. 181.
CIVIL PROCEDURE
PRASKOVYIN Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
THE QUESTION OF ADMISSIBILITY OF FORECLOSURE ON THE DEBTOR’S ONLY DWELLING WITHIN THE FRAMEWORK OF INSOLVENCY (BANKRUPTCY) CASES
The article analyzes the doctrinal provisions, norms of the legislation of the Russian Federation on bankruptcy and the positions of arbitration courts that resolve the issue of the possibility of including the debtor’s only home in the bankruptcy estate within the framework of bankruptcy proceedings. It is pointed out that there are no legislative criteria for luxury housing in order not to apply executive immunity. It is proposed to change the approaches of arbitration courts when determining the expediency of foreclosure on a single housing from the point of view of replenishment of the bankruptcy estate.
Keywords: bankruptcy, abuse of right, luxury housing, debtor, executive immunity, arbitration manager.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation dated May 14, 2012 No. 11-P “In the case of verifying the constitutionality of the provisions of the second paragraph of the first part of Article 446 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens F. Kh. Gumerova and Yu. A. Shikunov.” – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
2. Ruling of the Volga District Arbitration Court dated August 17, 2023 in case No. a55-1978/2018. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
3. Resolution of the Arbitration Court of the Volga District dated May 18, 2023 in case No. A65-16285/2020. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
4. Nemova A. V. Executive immunity of the only home of a debtor-citizen in an insolvency (bankruptcy) case: the problem of determining the limits // Family and housing law. – 2022. – No. 4. – P. 43-45
5. Ruling of the Arbitration Court of the Samara Region dated February 5, 2021 in case No. A55-12291/2018. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
6. Kazaryan K. G. Extension of executive immunity to the debtor’s residential premises in a bankruptcy case // Arbitration disputes. – 2023. – No. 2(102). – P. 3.
7. Resolution of the Arbitration Court of the Northwestern District dated October 12, 2022 in case No. A56-9727/2020. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
8. Zholshieva Zh. Collection of the only housing, or How executive immunity works // Banking Review. Application “FinLegal”. – 2022. – No. 1. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
FAMILY LAW
SERGEEVA Kseniya Alexeevna
student of the Far Eastern Federal University, Vladivostok
THE PRACTICE OF THE MOTHER’S PRIORITY IN CASES OF DETERMINING THE CHILD’S PLACE OF RESIDENCE: TRUTH OR FICTION?
Equality of rights and obligations of parents, established by the legislation of the Russian Federation and recognized by law enforcement practice as a fundamental principle of family law, is a “stumbling block” in cases of determining the place of residence of a child with one of the parents. The practice of prioritizing the mother over the father, based on the provision on the possibility of separating the child from the mother only in exceptional circumstances, is depressing. The author discusses the unfairness of the application of principle 6 of the Declaration of the Rights of the Child, adopted by UN General Assembly Resolution 1386 (XIV) of November 20, 1959, and the need to make decisions on such cases without relying on the gender of the parents if the child is over 6 years old.
Keywords: family, mother’s priority, parenting, determination of the child’s place of residence, family disputes, judicial practice.
Bibliographic list of articles
1. Kopelyanskaya S. E. Protection of the rights of the child in the Soviet court: practical work. allowance. – M., 1936.
2. Masevich M. G. Basic rights and responsibilities of parents and children in the Soviet state. – Alma-Ata, 1958.
3. Tyo V.V. Distinctive features of the functions of the father and mother in the upbringing of the child’s personality // Bulletin of Science. – 2021. – No. 6 (39). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otlichitelnye-osobennosti-funktsiy-ottsa-i-materi-v-vospitanii-lichnosti-rebyonka (date of access: 12/20/2023).
4. Yulusova O. V. The image of the mother in the perception of boys and girls: a comparative analysis // Scientific and methodological electronic journal Concept. – 2013. – T. 3. – P. 1716-1720.
5. Filippova G. G. Psychology of motherhood. – St. Petersburg, 2000. – P. 31-53.
6. Posse E. A. Legal regulation of non-property relations in Soviet family law: abstract. dis. …cand. legal Sci. – L., 1953.
7. Ilyinskaya I. M. Judicial consideration of disputes about the right to raise children. – M.: Gosyurizdat, 1960.
8. Review of judicial practice in considering certain categories of cases arising from family legal relations: approved by the Presidium of the Orenburg Regional Court 10.7256/2409-7136.2016.8.19824.
9. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 10, 2016 No. 5-КГ16-67.
10. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated December 19, 2017 No. 18-КГ17-181.
11. Decision of the Prikubansky District Court of Krasnodar (Krasnodar Territory) dated May 18, 2015 in case No. 2-5487/2015. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/B0dsnH65EDHA/
12. Decision of the Khabarovsk District Court of the Khabarovsk Territory dated November 2, 2018 in case No. 2-894/2018.
13. Decision of the Leninsky District Court of Saratov dated November 28, 2018 in case No. 2-4459/2018.
14. Decision of the Khimki City Court of the Moscow Region dated January 23, 2019 in case No. 2-7566/2018.
15. Decision of the Novovyatsky District Court of the city of Kirov dated February 18, 2019 in case No. 2-164/2019.
16. Shchelkin P. A. Violation of the balance of constitutional rights and responsibilities of parents when raising a child, in the case of their separation // Legal science. – 2021. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/narushenie-balansa-konstitutsionnyh-prav-i-obyazannostey-roditeley-pri-vospitanii-rebyonka-v-sluchae-ih-razdelnogo-prozhivaniya (access date: 11.01 .2024).
FAMILY LAW
SERGEEVA Kseniya Alexeevna
student of the Far Eastern Federal University, Vladivostok
THE RATIO OF INSTITUTIONS OF VOLUNTARY MAINTENANCE AND ALIMONY IN DISPUTES ON THE RECOVERY OF ALIMONY
In this work, the author examined the institutions of voluntary maintenance and alimony, studied their relationship and interrelation. In other words, the subject of the study is the legal relations between family members arising from the provision of maintenance to needy family members, in particular their two forms – voluntary and state coercion. The concepts taken into account are the subject of discussion in the scientific literature, but the author has made an attempt to distinguish them. Contradictory views of researchers on the issues taken into account have been revealed, however, the author considers these concepts as “an agreement on the payment of alimony concluded in notarial form” (i.e. voluntary maintenance) and “an obligation established by the court” (i.e. alimony under compulsory procedure, by court decision). The author applied the following research methods – analysis of legislation, doctrinal sources, materials of judicial practice, generalization, deduction. The author provides criteria for distinguishing these concepts and comes to conclusions about their close relationship, especially in the general purpose – the focus on supporting economically vulnerable participants in family relations. The author points out that the categories are not identical, despite the underlying alimony obligation. The study leads to the conclusion that the categories of alimony obligations taken into account relate to each other as equivalent concepts with a common purpose and nature, but in a different way to ensure their fulfillment. The author emphasizes that the concepts are not mutually exclusive in disputes over the recovery of alimony. The presence or absence of an agreement does not affect the right to apply to court for compulsory collection or to amend an existing alimony agreement.
Keywords: family, alimony, alimony obligation, agreement, family disputes, voluntary maintenance, a family member in need, the subject of proving, liability measures, enforcement.
Bibliographic list of articles
1. Family law of Russia: Textbook. for universities / L. M. Pchelintseva. – M.: Publishing house. group NORMA-INFRA-M, 1999. – 663 pp.
2. Avdeeva N.I. Voluntary fulfillment of alimony obligations. Features of legal regulation in the Russian Federation // News of the South-West State University. Series: History and Law. – 2017. – T. 7, No. 4 (25). – pp. 96-101.
3. Letova N.V. Legal nature of agreements on the payment of alimony: problems of substantive and procedural law // Socio-political sciences. – 2020. – T. 10. – No. 4. – P. 111-117.
4. Family and legal status of a child in the Russian Federation / Yu. F. Bespalov. Ed. 2nd, revised and additional – Moscow: Prospekt, 2014. – 240 pp.
5. Fedorova O. A. Determination of the amount of alimony paid for minor children (commentary to paragraph 2 of Article 103 of the RF IC) // Family and housing law. – 2018. – No. 1.
6. Serebryakova A. A. The right of children and parents to receive maintenance // State and law. – 2017. – No. 3. – P. 1-15.
7. Gongalo B. M. Alimony obligation // Family and housing law. – 2016. – No. 5. – P. 15-16.
LABOR LAW
BASILOV Umid Ihtiyor ugli
student of the Far Eastern Federal University, Vladivostok
BERDYKINA Valeria Viktorovna
student of the Far Eastern Federal University, Vladivostok
BRAGA Snezhana Sergeevna
student of the Far Eastern Federal University, Vladivostok
VORONOVA Sofya Alexandrovna
student of the Far Eastern Federal University, Vladivostok
ROSTOTSKIY Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
A COMPARATIVE STUDY OF THE REGULATION OF DISMISSAL IN THE LABOR LAW OF RUSSIA AND CHINA
Within the framework of this study, a comparative analysis of the regulation of dismissal in the labor legislation of the Russian Federation and the People’s Republic of China is carried out. The research focuses on dismissal procedures, considering them in the context of current global trends in the field of labor law. The authors analyze the normative legal acts of both countries, revealing the dynamics of changes and the interaction of international and national norms. Special attention is paid to the analysis of the consequences of dismissal, differences in the understanding of the terms “dismissal” and “termination of an employment contract”, as well as the influence of economic and political factors on the formation of labor legislation. The results highlight the importance of integrating international standards and taking into account the interests of both employees and employers.
Keywords: regulation of dismissal, comparative analysis, labor law, Russia and China, international norms, protection of workers’ rights, dynamics of legislation.
Bibliographic list of articles
1. Shagieva A. A. On the issue of termination of an employment contract with an employee for violation of labor discipline // Modern jurisprudence: current issues, achievements and innovations: collection of articles of the XXVII International Scientific and Practical Conference, Penza, May 05, 2020. – Penza: “Science and Enlightenment” (IP Gulyaev G.Yu.), 2020. – P. 99-102. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=42784957.
2. Trifonov V. G. Termination of an employment contract on the initiative of an employee // Tribune of a scientist. – 2021. – No. 5. – P. 289-295. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=46539771.
3. Makharadze N. S., Veretennikova S. V. Correlation of the categories “termination” and “termination” of an employment contract and “dismissal of an employee” // Main trends in the development of legal science: Materials of the I International Student Scientific and Practical Conference, Khabarovsk, 02– December 6, 2019 / Editorial Board: V.E. Stepenko (chairman) [and others]. – Khabarovsk: Pacific State University, 2020. – P. 256-260. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=42816145.
4. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on July 14, 2022) (as amended and supplemented, entered into force on July 25, 2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_34683/
5. Kolobova S.V., Rukavishnikova O.D. The concept and essence of dismissal from public service // Alley of Science. – 2021. – T. 2. – No. 1 (52). – pp. 419-422. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=45619487.
6. Fatalina A. A. Protection of labor rights of workers in Russia // Bulletin of science and education. – 2020. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zaschita-trudovyh-prav-rabotnikov-v-rossii.
FINANCIAL LAW
BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
DENISYUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
ROZHENTSEVA Arina Pavlovna
student of the Far Eastern Federal University, Vladivostok
SARANCHUK Lina Nikolaevna
student of the Far Eastern Federal University, Vladivostok
TARNOVSKAYA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
INTEGRATING DIGITAL TECHNOLOGIES INTO BUSINESS FINANCIAL MANAGEMENT: STRATEGIES TO IMPROVE PRODUCTIVITY AND STABILITY
The article is devoted to the study of the contribution of digital technologies to the financial management of a business. Special attention is paid to the study of the use of customer relationship management systems (CRM) and integrated software solutions in financial management, including platforms such as 1C: Enterprise and Oracle Financial Services. It examines how these innovations contribute to improving profitability, efficiency of management processes, strengthening customer relationships, as well as improving financial planning and analytics. In addition, the role of digital technologies in forecasting and analyzing financial information, as well as in ensuring the security of financial transactions, is discussed.
Keywords: digital technology integration, business finance management, CRM, financial analytics, accounting, productivity improvement, business technologies, financial data protection.
Bibliographic list of articles
1. Zhilkina A. N. Financial analysis: textbook and workshop for bachelor’s and specialist’s degrees. – M.: Yurayt Publishing House, 2019. – 285 p.
2. Sklyarenko V.K., Prudnikov V.M. Enterprise Economics. – M.: INFRA-M, 2020. – 208 p.
3. Lapusta M. G. Analysis of financial and economic activity of an enterprise: textbook. – M.: Unity, 2021. – 358 p.
4. Bugatin V.D. Enterprise Economics: textbook. – M.: Prospekt, 2018. – 314 p.
5. Shchebarova N. N. Factors that determine the financial stability of an enterprise // Management in modern systems. – 2018. – No. 1. – P. 20-26.
6. Grigoriev K.V. Availability of sources of financing for small and medium-sized enterprises // News of the St. Petersburg State Economic University. – 2022. –No. 1 (133). – P. 161.
7. Brigham, Eugene F. & Ehrhardt, Michael C. Financial Management: Theory and Practice. – Mason, Ohio: Thomson/South-Western, 2005. – [Electronic resource]. – Access mode: https://archive.org/details/financialmanagem00euge.
FINANCIAL LAW
KARTASHOV Alexander Viktorovich
Ph.D. in Law, associate professor of Financial law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FEATURES OF LICENSING OF FINTECH BANKS IN EUROPEAN COUNTRIES
The presented paper examines the approaches used in the process of regulating the activities of financial intermediaries using technologies in the financial market. The author proposes a description of the features of licensing of fintech banks in the countries of the European Union.
Keywords: Financial market, credit organization, non-credit financial organization, Fintech, Fintech-bank.
Bibliographic list of articles
1. Byrne, David M. (2022). “The Digital Ec”onomy and Productivity”. Finance and Economics Discussion Series 2022-038. – Washington: Board of Governors of the Federal Reserve System. P. 16. [Electronic resource]. – Access mode: https://doi.org/10.17016/FEDS.2022.038 (access date: 12/21/2022).
2. Zavolokina L., Dolata M., Schwabe G. The FinTech phenomenon: antecedents of financial innovation perceived by the popular press // Financial Innovation. – 2016. – T. 2. – No. 1. – P. 1-16.
3. Arner D., Barberis J., Buckley R. The evolution of fintech: a new Post-Crisis paradigm? // University of Hong Kong Faculty of Law. 2015. Research Paper No. 2015/0472015. [Electronic resource]. – Access mode: http://www.juliaocoelho.com/wp-content/uploads/2019/05/SSRN-id2676553.pdf (accessed 12/01/2021).
4. Drasch B. J., Schweizer A., Urbach N. Integrating the ‘Troublemakers’: A taxonomy for cooperation between banks and fintechs // Journal of Economics and Business. – 2018. – T. 100. – P. 26-42.
5. Anagnostopoulos, I. Fintech and regtech: Impact on regulators and banks // Journal of Economics and Business. – 2018. – No. 100. – P. 7-25.
6. Gupta, Pranay and Tham, T. Mandy. Fintech: The new DNA of financial services. (2018). 1-546. Research Collection Lee Kong Chian School of Business. [Electronic resource]. – Access mode: https://books.google.ru/books?id=u0eHDwAAQBAJ&pg=PT31&hl=ru&source=gbs_toc_r&cad=2#v=onepage&q&f=false (access date: 27.05 .2023).
7. Kenny, Steve. “An Introduction to Privacy Enhancing Technologies.” Internet Association of Privacy Professionals, May 1, 2008. [Electronic resource]. – Access mode: https://iapp.org/news/a/2008-05-introduction-to-privacy-enhancing-technologies/ (date of access: 05.22.2023).
8. FinTech Innovation Hub. [Electronic resource]. – Access mode: https://www.bafin.de/DE/Aufsicht/FinTech/fintech_node.html;jsessionid=5808CC3540DF794B274D21056CEDC5BA.internet952 (access date: 05/18/2023).
9. Kartashov A.V. Public legal aspects of digitalization of the financial market: monograph. – Tula: Tula State University Publishing House, 2022. – 291 p.
10. Licensing and Regulatory Framework for Digital Banks. January 2022. [Electronic resource]. – Access mode: https://www.sbp.org.pk/bprd/2022/C1-Annex.pdf (access date: 08/18/2023)
11. Licensing Framework for Digital Banks. BNM/RH/PD 030-12. 2020. [Electronic resource]. – Access mode: https://www.bnm.gov.my/documents/20124/938039/20201231_Licensing+Framework+for+Digital+Banks.pdf (access date: 08/25/2023)
12. Policy framework on the regulation, licensing and supervision of digital banks. Alliance for financial inclusion. 2021. [Electronic resource]. – Access mode: https://www.afi-global.org/wp-content/uploads/2021/11/DFSWG-framework_FINAL.pdf (access date: 08/25/2023)
13. FinTech Innovation Hub. [Electronic resource]. – Access mode: https://www.bafin.de/DE/Aufsicht/FinTech/fintech_node.html;jsessionid=5808CC3540DF794B274D21056CEDC5BA.internet952 (access date: 05/18/2023).
14. Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006 /48/EC and 2006/49/EC. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32013L0036 (access time: 10/17/2023).
15. Guide to fit and proper assessments. European Central Bank. December 2021. [Electronic resource]. – Access mode: https://www.bankingsupervision.europa.eu/ecb/pub/pdf/ssm.fit_and_proper_guide_update202112~d66f230eca.en.pdf (access date: 10/12/2023)
FINANCIAL LAW
MARTYNOV Edgar Armanovich
student of the 3rd course of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
THE ROLE OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION IN THE FORMATION AND REGULATION OF THE COUNTRY’S FINANCIAL SYSTEM
This article conducts a comprehensive analysis of the regulatory role of the Central Bank of the Russian Federation in the context of forming and regulating the country’s financial system. Key directions of monetary policy and their impact on economic stability are examined, including banking supervision methods and innovative approaches such as the development of the national payment system and the introduction of the digital ruble. Special attention is given to mechanisms of licensing and rehabilitation of financial institutions with the aim of minimizing systemic risks and enhancing the resilience of financial infrastructure. The authors identify current challenges and propose strategic directions for strengthening the role of the Central Bank of the Russian Federation in the sustainable development of the financial system, as well as analyzing the potential for cooperation with government bodies and the private sector.
Keywords: Central Bank of the Russian Federation, financial system, monetary policy, banking supervision, financial stability, digital ruble, financial supervision, national payment system, systemic risks, economic stability.
Bibliographic list of articles
1. Central Bank of the Russian Federation. Official site. [Electronic resource]. – Access mode: http://www.cbr.ru (date of access: 04/10/2023). – P. 1-5.
2. Ministry of Finance of the Russian Federation. Financial policy and financial markets. [Electronic resource]. – Access mode: http://www.minfin.ru (date of access: 04/12/2023). – pp. 10-15.
3. Ivanov A.I. The role of the Central Bank in the Russian economy. – M.: Finance and Statistics, 2021. – P. 102-150.
4. Smirnova L. V. Monetary policy of the Central Bank of the Russian Federation and its influence on the economy // Bulletin of Economics. – 2022. – No. 3. – P. 45-60.
5. Petrov V. B. Banking supervision and regulation of financial markets // Journal of Banking Law. – 2022. – No. 2. – P. 23-35.
6. Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” dated July 10, 2002 No. 86-FZ, latest edition. – pp. 5-20.
7. Russian economic school. Innovations in the regulation of financial markets: the experience of the Central Bank of the Russian Federation. – M.: NES, 2023. – P. 88-97.
8. Guseva I. Yu. Digital currencies and the future of the Russian financial system // Financial journal. – 2023. – No. 4. – P. 76-89.
9. Ochakovsky V. A., Solovyova A. V., Borodina V. A. Financial mega-regulation in the Russian Federation // Polythematic network electronic scientific journal of the Kuban State Agrarian University. – 2014. – No. 95. – P. 1132-1143.
10. Ochakovsky V. A., Arkhireeva A. S. On the issue of control measures carried out by the Central Bank of the Russian Federation // In the collection: Administrative legislation and the practice of its application: state, trends, efficiency. Materials of the All-Russian Scientific and Practical Conference. – Krasnodar, 2020. – pp. 204-207.
11. Arkhireeva A. S., Nikitina P. S. Control and supervisory function of state power and the role of financial control in its implementation // In the collection: Issues of state and law. Collection of scientific articles. – Krasnodar, 2018. – pp. 86-89.
12. Arkhireeva A. S., Prikhodko E. G. Legal status of the Central Bank of the Russian Federation // Epomen. – 2019. – No. 25. – P. 22-29.
13. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
FINANCIAL LAW
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
KUCHUK Maxim Igorevich
student of the Far Eastern Federal University, Vladivostok
DONSKOY Vasiliy Andreevich
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
NEW HORIZONS FOR SMALL BUSINESSES: STRATEGIES AND CHALLENGES IN THE DIGITAL ECONOMY ERA
This review explores the contribution of small businesses to the dynamically changing digital economy. The focus is on the flexibility and innovative adaptability of small enterprises, their role in integrating the latest technologies and opportunities for growth in the digital age. The key challenges, including financial constraints and difficulties in managing logistics and customer service, faced by these companies in the digital transformation are considered. A special emphasis is placed on changes in marketing strategies and the need for government support to ensure the sustainable development of small businesses in the new economic environment. The results of the study suggest strategic solutions for the development of small businesses in the context of digitalization.
Keywords: small business, digital transformation, innovative technologies, new economy, support for entrepreneurs, marketing strategies, evolution of business processes, enterprise development, economic renewal, overcoming financial obstacles, logistics management, improving customer experience.
Bibliographic list of articles
1. Tapscott D. Blockchain revolution. How Bitcoin security technology is changing world orders, business and finance. – M.: Mann, Ivanov and Ferber, 2017. – 432 p.
2. Schwab K. The Fourth Industrial Revolution. – M.: Eksmo, 2016. – 138 p.
3. Rozanova N. M., Yushin A. V. Mechanism of transformation of the network marketin the digital age // Terra Economicus. – 2015. – T. 13. – No. 1. – P. 73-88.
4. Kunzman A. A. Transformation of the internal and external business environment in the digital economy // Management of economic systems: electronic scientific journal. – 2016. – No. 11. – P. 1.
FINANCIAL LAW
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
MEZIN Maxim Kirillovich
student of the Far Eastern Federal University, Vladivostok
STANKEVICH Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
TOLKACHEV Roman Vladimirovich
student of the Far Eastern Federal University, Vladivostok
Bliznetsov Alexander Sergeevich
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION AND GLOBAL INTERACTION IN THE GLOBAL FINANCIAL SYSTEM
This article provides a detailed analysis of the transformation of the global financial system, from the late 19th century to the present day. The impact of globalization, technological changes, global political shifts and an increased focus on environmentally sustainable financial strategies is being investigated. Special attention is paid to the interaction of national economies in the context of international financial crises, the role of key economic players and the future prospects of the global financial market against the background of current global challenges.
Keywords: global financial system, the impact of globalization, analysis of financial history, securities market, innovative technologies, international political changes, environmentally sustainable financing, international financial crises, economic interdependence, transformation of financial markets.
Bibliographic list of articles
1. Goloshchapov D. N. Globalization of the financial market and inflation. // Finance and credit. – 2009. – No. 5 (341). – pp. 71-74.
2. Sorokoumov V. S., Zharkova Yu. S. Globalization of world financial markets // Problems of science. – 2018. – No. 8 (32). – pp. 38-41.
3. Jafarov M. M., Shatskaya E. Sh. Development of the financial market of Russia, problems and prospects // In the collection of scientific works. In 2 volumes. Under the general editorship of Z. O. Adamanova. – 2019. – P. 517.
4. Zharova A. R. Development of the financial market in the conditions of digitalization of the economy // In the collection of works of teachers, graduate students, undergraduates, students based on the materials of the III Interdepartmental Scientific and Practical Seminar. – 2019. – P. 40.
5. Russian market. Overview of trends 2022-2023 // BCS Express. 2023. Key trends in the Russian economy and stock market in 2022 and forecasts for 2023 are highlighted.
6. 2023 Global economic outlook // McKinsey. 2023. Review of global economic prospects, including risks to global growth and expectations in various markets.
FINANCIAL LAW
ELYAKOV Alexander Lvovich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation; lecturer of the Physical and Technical Institute of the M. K. Ammosov Northeastern Federal University, Yakutsk
PROBLEMS IN THE SYSTEM OF INTERBUDGETARY REGULATION OF HIGHLY SUBSIDIZED REGIONAL BUDGETS AND JUSTIFICATION FOR IMPROVING ITS LEGISLATIVE FRAMEWORK
The article discusses problems in the system of interbudgetary regulation of highly subsidized regional budgets of the Russian Federation. The existing problems of subsidization of the regions of the Russian Federation require at the legislative level to develop and implement effective budgetary and tax mechanisms and methods of fiscal decentralization of interbudgetary relations in order to achieve self-sufficiency of subsidized budgets of the constituent entities of the Federation of the Far Eastern region. It is proposed to improve the legislative basis of fiscal mechanisms for the fair redistribution of tax revenues between the budgets of the budget system of the Russian Federation.
Keywords: interbudgetary relations, budget, federal and regional budgets, subsidies, subsidies, problems, mechanisms, tax revenues, regulating taxes.
Bibliographic list of articles
1. Budget Code of the Russian Federation dated July 31, 1998 No. 145-FZ (as amended on December 19, 2022) // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19702/ (access date: 12/20/2022).
2. Tax Code of the Russian Federation, part 1 (Tax Code of the Russian Federation, part 1) dated July 31, 1998 No. 146-FZ // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19671/ (access date: 20.12.2022).
3. Tax Code of the Russian Federation, part 2 (Tax Code of the Russian Federation, part 2) dated August 5, 2000 No. 117-FZ // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28165/ (access date: 12/20/2022).
4. Tashtamirov M. R. Efficiency of interbudgetary regulation of highly subsidized budgets at the subnational level // Finance: theory and practice. – 2022. – No. 26 (2). – pp. 136-177. DOI: 10.26794/2587-5671-2022-26-2-136-159.
5. Timushev E. N. Intraregional budgetary decentralization: indicators and dynamics // Finance. – 2019. – No. 8. – P. 19-26.
6. Fedosov V. A. Decentralization of budgetary relations in Russia in the context of world trends // Finance and Credit. – 2020. – No. 26 (9). – pp. 2151–2166. DOI: 10.24891/fc.26.9.2151.
TAX LAW
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
ABDULGANIEVA Leila Muradovna
student of the 4th course of the Institute of Law of the Dagestan State University, Makhachkala
SUSTAINABLE DEVELOPMENT OF THE TAX AND COLLECTION SYSTEM OF THE RUSSIAN FEDERATION IN THE CONTEXT OF GLOBAL CHANGES
This article examines the problematic issues of the stability of the tax and fee system of the Russian Federation and the impact of global changes on it. Special attention is paid to solving issues related to the expansion of technology, the fight against tax crimes and tax risks of the state. It is also concluded that it is necessary to adapt to the ongoing global changes. It reflects the need for the state to establish certain guarantees for various segments of the population, as well as to monitor the actions of taxpayers. All this is necessary to harmonize the current system of taxes and fees in the country, as well as to analyze the prospects for its development.
Keywords: system, tax, income, competition, offshore.
Bibliographic list of articles
1. Gromov V.V. Tax competition in Russia at different stages of development of the tax system // Financial journal. – 2020. – T. 12. – No. 1. – P. 41-57. – DOl: 10.31107/2075-1990-2020-1-41-57
2. Tkachenko Yu. I. Prospects for cooperation of the BRICS countries in the development of the digital economy // Greater Eurasia: development, security, cooperation. Yearbook. – 2018 – T. 1. – Part 1. – P. 339-343.
TAX LAW
MAKHMUDOVA Khanipat Muratovna
magister student of the 2nd course of the OZO of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF AVOIDING DOUBLE TAXATION IN RUSSIAN FEDERATION
The article identifies the problems of legal regulation of tax jurisdictions and examines the suspension of international agreements on the avoidance of double taxation, announced unilaterally. The consequences of the actions of “unfriendly” countries when building a system of tax jurisdictions in the Russian Federation have been identified. How can these actions affect domestic businesses that operate in foreign branches. The response measures of the Government of the Russian Federation to these sanctions, the consequences of retaliatory actions for foreign businesses operating in the territory of the Russian Federation are also indicated.
Keywords: tax jurisdiction, tax benefits, residents and non-residents, avoidance of double taxation, international agreements.
Bibliographic list of articles
1. Tax Code of the Russian Federation (Part Two) dated 08/05/2000 No. 117-FZ (as amended on 03/18/2023) (with amendments and additions, entered into force on 04/01/2023) // Access from reference book – legal information “ConsultantPlus”.
2. Order of the Ministry of Finance of Russia dated June 5, 2023 No. 86n “On approval of the List of states and territories that provide preferential tax treatment and (or) do not provide for the disclosure and provision of information when conducting financial transactions (offshore zones)” // Access from references .-legal information “ConsultantPlus”.
3. Decree of the President of the Russian Federation dated 08.08.2023 No. 585 “On the suspension by the Russian Federation of certain provisions of international treaties of the Russian Federation on taxation issues” // Access from reference and legal information “ConsultantPlus”.
4. Zonova A. V., Goryachikh S. P., Pechenkin K. A. taxation of individual entrepreneurs taking into account tax innovations of 2022yes // EGI. 2022. No. 39 (1). pp. 173-177.
5. Khavanova I.A. Tax jurisdiction: the limits of the possible and deferred risks // Journal of Russian Law. 2017. No. 12 (252). pp. 81-91.
6. How the abolition of tax agreements with the West will affect business [Electronic resource]. — Access mode: https://www.rbc.ru/economics/16/03/2023/ (access date: 03/27/2023).
TAX LAW
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
KOZMOV Valeriy Iozisovich
student of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF ADDITIONAL TAX CONTROL MEASURES
The article discusses the problems of carrying out additional tax control measures. The author establishes that the main task of carrying out additional tax measures is to collect additional information necessary for tax authorities to carry out their professional activities. The author examines the key problems of carrying out additional tax measures, which include unfair work of tax authorities, the lack of a clear system for notifying taxpayers about the conduct and results of additional tax measures, etc. The result of the study is the conclusion about the need to modernize the system of additional tax measures in the Russian Federation.
Keywords: tax law, tax audits, additional tax measures, tax measures, legal regulation of tax activities.
Bibliographic list of articles
1. Yushko A. V. The problem of legal understanding in the modern theory of law // Yurist-Pravoved. – 2006. – No. 4 (19). – pp. 106-108.
2. Agababayan V.E., Ochakovsky V.A. Tax control as an element of tax administration in the Russian Federation // Polimatis. – 2018. – No. 9. – pp. 13-18.
3. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
4. Arkhireeva A.S., Kostenko B.Yu. Financial security and the main directions of its provision // Epomen. – 2019. – No. 34. – P. 26-32.
5. Tax control measures. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn77/taxation/reference_work/measures_tax_control/#:~:text=101%20NK%20RF.-,As%20additional%20events%20tax%20control% 20%20may%20be%20requesting%20documents. The above%20list of%20events%20is%20closed. (access date: 10/26/2023).
6. Kurdyuk P.M., Ochakovsky V.A. Some features of the implementation of control powers by the Central Bank of the Russian Federation // Legal Bulletin of Samara University. – 2019. – T. 5. No. 3. – P. 120-125.
7. Bochkovoy A. A., Yushko A. V. Legal assessment of special tax regimes in the Russian Federation // Person. Society. Society. – 2023. – No. 1. – P. 95-99.
8. The authorities abandoned the idea of additional tax audits after complaints from businesses. [Electronic resource]. – Access mode: https://www.forbes.ru/finansy/493008-vlasti-otkazalis-ot-idei-dopolnitel-nyh-nalogovyh-proverok-posle-zalob-biznesa (access date: 10/26/2023).
9. The Federal Tax Service will limit additional inspections during the period of appeal. [Electronic resource]. – Access mode: https://pravo.ru/news/247553/ (date of access: 10/26/2023).
10. Morozova N. A. Generalization of judicial practice related to the violation by the tax authority of the procedure for considering materials of tax control measures. [Electronic resource]. – Access mode: https://arbspor.ru/articles/703/ (date of access: 10/26/2023).
11. Review of judicial practice on issues arising in connection with violations committed by tax authorities when considering tax audit materials. [Electronic resource]. – Access mode: https://11aas.arbitr.ru/node/13575 (date of access: 10.26.2023).
12. Can the Federal Tax Service appoint repeated additional tax control measures? [Electronic resource]. – Access mode: https://its.1c.ru/db/newsprac#content:472341:hdoc (access date: 10.26.2023).
13. Tsykura M. G. Improving the procedure for additional tax control measures as a way to improve the quality of tax administration // Bulletin of Surgut State University. – 2018. – No. 1 (19). – pp. 94-97.
14. Pre-trial settlement of disputes. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn77/apply_fts/pretrial/ (date of access: 10/26/2023).
15. The practice of courts considering cases on pre-trial settlement of tax disputes. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn73/news/activities_fts/4273004/ (access date: 10/26/2023).
ECOLOGICAL LAW
KODOLOVA Alena Vladimirovna
Ph.D. in Law, senior researcher of the Saint-Petersburg Scientific Research Center for Environmental Safety of the Russian Academy of Sciences
LEGISLATION OF THE RUSSIAN FEDERATION ON ENVIRONMENTAL COLLECTION: PROBLEMS AND PROSPECTS
In accordance with the amendments introduced in 2023 to the current waste legislation aimed at forming an effective state regulatory model that determines the maximum return of secondary material resources to economic circulation and minimizing the volume of waste disposal, the concept of environmental collection is included in the legislation, the procedure for calculating it and directing funds has been changed. This article analyzes the above-mentioned changes and judicial practice in collecting environmental fees in order to determine the main trends in legislative regulation and law enforcement problems.
Keywords: environmental collection, extended producer responsibility, production and consumption waste, waste disposal.
Bibliographic list of articles
1. Semshchikov S.E., Kanenkin E.I. Management of municipal solid waste: problems and prospects // Bulletin of the Angarsk State Technical University. – 2013. – No. 19. – P. 203-206.
2. Talaeva O. V. Management of solid municipal waste in the historical aspect and at the present stage // Science without borders. – 2019. – No. 7 (35). – pp. 112-117.
3. Dubovik D. M. Payment for the management of solid municipal waste: analysis of the recalculation problem // Business, management and law. – 2021. – No. 4. – P. 46-51.
4. Masserov D. A., Lomakin A. V. Rational management of solid municipal waste as a factor in economic development and environmental protection // Modern problems of regional development. – 2019. – No. 2. – P. 7.
5. Lipilina A. A. Extended producer responsibility as a mechanism for economic regulation of the plastic waste management system: cross-country analysis // Economic Bulletin of the IPU RAS. – 2022. – T. 3. – No. 4. – P. 10-21.
6. Pavlov N.V. “Legal consequences of the bill “On extended liability of manufacturers and importers of goods and packaging” for recyclers” // Ecologist’s Handbook. – 10/18/2022. – [Electronic resource]. – Access mode: www.profiz.ru/eco/blog/post_9926/?ysclid=lp4f9u0pya351801916 (access date: 11/30/2023).
7. Khludeneva N.I. Defects in legal regulation of environmental protection // SPS ConsultantPlus.
INFORMATION LAW
BAVIN Dmitriy Evgenjevich
student of the Law School of the Far Eastern Federal University, Vladivostok
KUZMINA Karina Sergeevna
student of the Law School of the Far Eastern Federal University, Vladivostok
THE RIGHT TO OBLIVION AS A BALANCE BETWEEN THE WILL OF THE STATE AND THE HUMAN RIGHT TO PRIVACY IN THE FIELD OF HEALTHCARE
The article is devoted to the issues of legal regulation of storage, processing, and transmission of information about the health of citizens. The issue of the implementation of such a constitutional right through the prism of the right to oblivion is no less relevant, in connection with which the article reveals the essence of oblivion in medical law and the possibility of its implementation with sufficient inconsistency. The scientific work also reveals the problems of the applicability of the right to oblivion in the field of healthcare, the possibilities and ways of its introduction into the Russian legal system. The conflict of laws between the right to oblivion and the unity of government to ensure the protection of the interests of society is revealed.
Keywords: constitutional right to privacy, medical law, right to be forgotten, social rating, protection of human and civil rights.
Bibliographic list of articles
1. Constitution of the Russian Federation. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Resolution of the Constitutional Court of July 13, 2022. No. 31-P. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_421790/
3. Federal Law of July 27, 2006 No. 149-FZ (as amended on December 12, 2023) “On information, information technologies and information protection.”
4. Internet resource GDPR. [Electronic resource]. – Access mode: https://ogdpr.eu/ru.
5. “The right to be forgotten: foreign and Russian experience of legal regulation” Pashchenko I. Yu. [Electronic resource]. – Access mode: https://clck.ru/37ZxW6.
6. “The right to health care: constitutional and legal aspect” Mironova O. A. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-na-ohranu-zdorovya-konstitutsionno-pravovoy-aspekt.
INFORMATION LAW
KOSTYUK Sofiya Alexandrovna
bachelor student of the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
LUBYAGIN Oleg Igorevich
Bachelor’s student of the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
ARTIFICIAL INTELLIGENCE: A PROFESSIONAL COMPETITOR OR A MODERN LAWYER’S ASSISTANT
The presented article examines the problem of demand for the legal profession, which arises in connection with the development of artificial intelligence. Particular attention is paid to the role of artificial intelligence in the professional activities of a modern lawyer. In the course of the study, the authors also consider the legal status of artificial intelligence in the Russian Federation, regulatory legal acts regulating issues related to the creation and use of artificial intelligence. The article contains a comparative analysis of the professional advantages and disadvantages of artificial intelligence and a lawyer. In conclusion, the authors propose a way to solve the problems that may arise in connection with the active introduction of artificial intelligence in jurisprudence.
Keywords: artificial intelligence, lawyer, profession, jurisprudence, labor market.
Bibliographic list of articles
1. Arkhipov V.V., Naumov V.B. On some issues of the theoretical foundations for the development of legislation on robotics: aspects of will and legal personality // Law. – 2017. – No. 05. – P. 157-170.
2. Gurko A. Artificial intelligence and copyright: a look into the future // Intellectual property. Copyright and related rights. – 2017. – No. 12. – P. 7-18.
3. Zenin S. S., Kuteynikov D. L., Izhaev O. A. Artificial intelligence and law. From fundamental problems to applied problems. – M.: Prospekt, 2022. – 104 p.
4. Iriskina E. N. Legal aspects of civil liability for causing harm by the actions of a robot as a quasi-subject of civil relations // Humanitarian Informatics. – 2016. – No. 10. – P. 63-72.
5. Naumov V. B., Kamalova G. G. Issues of constructing legal definitions in the field of artificial intelligence // Proceedings of the Institute of State and Law. – 2020. – T. 15. – No. 1. – P. 81-91.
6. Martz J. G. Artificial intelligence is here, get ready! // Catholic University journal of law and technology. – Wash., 2019. – Vol. 28. No. 1. – P. 32-50.
CRIMINAL LAW
GALUSHIN Pavel Viktorovich
Ph.D. in technical sciences, associate professor of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
BEZGACHEV Fyodor Vladimirovich
senior lecturer of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
POSSIBILITIES OF USING EXPLAINABLE ARTIFICIAL INTELLIGENCE TECHNOLOGIES DURING THE INVESTIGATION OF A CRIMINAL CASE
This article discusses the possibilities of using artificial intelligence methods and systems in the process of investigating a criminal case. A brief overview of the possibilities of using such technologies in the investigation and consideration of criminal cases proposed by domestic researchers is given. In particular, the use of generative-adversarial networks in the production of the investigative action “Presentation for identification” and large language models (LLM) for the preparation of procedural documents is considered. In general, the use of artificial intelligence technologies will reduce the amount of routine work by practicing lawyers. A drop in the qualifications of lawyers using artificial neural networks in their activities is indicated as possible risks. The use of explicable artificial intelligence technologies is proposed as a measure to minimize such risks.
Keywords: criminal case, investigative actions, presentation for identification, artificial neural network, generative models, video conferencing, large language models.
Bibliographic list of articles
1. On the development of artificial intelligence in the Russian Federation: decree of the President of the Russian Federation: [dated October 10, 2019 No. 490] // Collection of legislation of the Russian Federation. – 2019. – No. 41. – Art. 5700.
2. Averkin A. N. Explainable artificial intelligence as part of third generation artificial intelligence // Speech technologies. – 2023. – No. 1. – P. 4-10. – EDN ONAIEY.
3. Balalaeva Yu. S. The role of artificial intelligence in identifying and preventing corruption risks in pre-trial proceedings in criminal cases // Current problems of combating corruption in modern conditions: theory and practice: Collection of scientific works of the All-Russian Scientific and Practical Institutechesical conference, Nizhny Novgorod, December 21, 2022 / Edited by S. V. Gorbacheva, M. V. Balalaeva. – Nizhny Novgorod: Nizhny Novgorod Institute of Management – branch of the federal state budgetary educational institution of higher education “Russian Academy of National Economy and Public Administration under the President of the Russian Federation”, 2023. – P. 8-15. – EDN EOSTMZ.
4. Bakhteev D.V. Artificial intelligence in investigative activities: tasks and problems // Forensic Science. – 2020. – No. 9. – P. 3-7.
5. Bezgachev F.V., Galushin P.V. Application of neural network synthesis of persons for carrying out the investigative action “presentation for identification” via video conferencing // Scientific research, development and practical implementation: materials of the VII International Scientific and Practical Conference: at 2 o’clock, Stavropol, January 31, 2022. Volume 1. – Stavropol: Limited Liability Company “Stavropol Publishing House “Paragraph”, 2022. – P. 50-51. – EDN FWGLQO.
6. Kiyaeva E. Yu. Application of artificial intelligence technologies in the production of examinations in criminal cases // Legal order in Russia: problems of improvement: XV All-Russian Conference: collection of articles, Moscow, March 15-19, 2021. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after. V. Ya. Kikotya, 2021. – P. 330-335. – EDN OUBOVL.
7. Kovalev A.K., Panov A.I. Application of pre-trained large language models in tasks of embodied artificial intelligence // Reports of the Russian Academy of Sciences. Mathematics, computer science, management processes. – 2022. – T. 508. No. 1. – P. 94-99. – DOI 10.31857/S268695432207013X. – EDN IKOLKF.
8. Kreines E. M., Novikova N. M., Pospelova I. I. Equilibrium and compromise in multicriteria two-person zero-sum games // Proceedings of the Russian Academy of Sciences. Theory and control systems. – 2020. – No. 6. – P. 60-82. – DOI 10.31857/S0002338820060086. – EDN KPQDIY.
9. Kuznetsov A.V. Digital history and artificial intelligence: prospects and risks of using large language models // New information technologies in education and science. – 2022. – No. 5. – P. 53-57. – DOI 10.17853/2587-6910-2022-05-53-57. – EDN VFYSAN.
10. Malina M. A. The use of artificial intelligence in the administration of justice in criminal cases: problems and prospects // State and Law. – 2022. – No. 1. – P. 91-97. – DOI 10.31857/S102694520018277-5. – EDN VDPSAS.
11. Malina M. A. Digitalization of the Russian criminal process: artificial intelligence for the investigator or instead of the investigator // Russian investigator. – 2021. – No. 2. – P. 29-32. – DOI 10.18572/1812-3783-2021-2-29-32. – EDN RMBHSB.
12. Uzdyaev M. Yu., Levonevsky D. K., Shumskaya O. O., Letenkov M. A. Methods for detecting aggressive users of the information space based on generative adversarial neural networks // Information-measuring and control systems. – 2019. – No. 17 (5). – pp. 60-68.
13. Palieva O. N., Sementsova I. A. The use of artificial intelligence and information technologies during the investigation of criminal cases // Bulletin of Moscow University. S. Yu. Witte. Series 2: Legal sciences. – 2021. – No. 2 (28). – P. 35-40. – DOI 10.21777/2587-9472-2021-2-35-40. – EDN SBTMEE.
14. Prokhorova E. A., Samoroka V. A. Possibilities and prospects for the use of artificial intelligence technologies at the stage of initiating a criminal case // Modern criminal procedural law – lessons from history and problems of further reform. – 2021. – T. 2. No. 1 (3). – P. 80-87. – EDN NYNLBW.
15. Smetanina O. N., Sazonova E. Yu., Andrushko D. Yu. Software and hardware complex for assessing reliability using artificial intelligence // Modern science-intensive technologies. – 2020. – No. 7. – P. 90-97. – DOI 10.17513/snt.38140. – EDN NCVHJV.
16. Sheremetyev I. I. The use of artificial intelligence in the formation of the court composition for consideration of a criminal case // Russian legal system in the conditions of the fourth industrial revolution: Materials of the VI Moscow Legal Forum of the XVI International Scientific and Practical Conference. In 3 parts, Moscow, April 04–06, 2019. Volume Part 3. – Moscow: Limited Liability Company “Prospect”, 2019. – P. 121-129. – EDN GWSFCA.
CRIMINAL LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ON THE ISSUE OF CRIMINAL LIABILITY FOR TAX CRIMES
This article attempts to investigate the formation and subsequent development of the institution of criminal responsibility for the commission of criminal offenses – crimes in the field of taxes and fees. The problematic issues of improving the dispositions of criminal law norms regulating the signs of danger of acts that pose a danger to both the individual in particular and to a wide range of persons in general are revealed, which allows us to formulate prohibited rules of conduct and, accordingly, criminalize criminal offenses in the tax sphere. The author identified has the relationship between tax crimes and the actions of criminals, which consists in increasing the financial capabilities of the latter through the flow of unaccounted-for funds to them.
Keywords: tax, collection, disposition, code, tax crime, tax agent, false information.
Bibliographic list of articles
1. Bagraev S.P. On the concept of tax crime // Financial law. – 2004. – No. 5. – P. 59-60.
2. Types of tax offenses. Theory and practice of application / Ed. A. V. Bryzgalina. – Ekaterinburg, 2004. – 304 p.
3. Zrelov A. P., Krasnov M. V. Tax crimes. – M.: Status-Quo 97, 2004. – 192 p.
4. Kinsburskaya V. A., Yalbulganov A. A. Tax crimes under the legislation of the Russian Federation. Scientific and practical commentary on legislation and judicial practice. – M.: Unity, 2008. – 612 p.
5. Kucherov I. I., Solovyov I. N. Criminal liability for tax crimes. A comment. – M., 2004. – 121 p.
6. Tax law of Russia: Textbook for universities / Rep. ed. Yu. A. Krokhina. – 2nd ed., revised. – M.: Norma, 2004. – 720 p.
CRIMINAL LAW
DOROZHKIN Ivan Olegovich
Military Prosecutor of the Supervision Department of the Military Prosecutor’s Office of the Eastern Military District
ON THE QUESTION OF THE EXPEDIENCY OF INTRODUCING CRIMINAL LIABILITY OF LEGAL ENTITIES
In Russian science, the question of the need to make additions to the criminal legislation regarding the establishment of criminal liability of legal entities has been debated for a long time. The author questions the expediency of introducing norms on criminal liability of legal entities into Russian legislation, since the goals proclaimed by supporters of this concept can be achieved by existing legal means. In substantiation of his position, he draws attention to the sources of the idea of bringing legal entities to criminal responsibility, and also notes the desire of the legislator, even in the field of civil law, to identify a specific person guilty of making decisions implemented by the organization. In addition, the sanctions provided for by foreign criminal codes against legal entities are analyzed and correlated in Russian legislation. Attention is drawn to the fact that the idea of increasing the size of penalties may break down about the impossibility of collecting them.
Keywords: legal entities, criminal liability, piercing of the corporate veil, sanctions
Bibliographic list of articles
1. Balzhinimaeva V.V. Legal entity as a means, method and instrument of committing a crime // Law. Journal of the Higher School of Economics. – 2022. – T. 15. – No. 1. – P. 154-163.
2. Biryukov P. N. Criminal liability of legal entities in EU member states. – Voronezh: VSU Publishing House, 2015. – 319 p.
3. Volozhbenskaya D.I. Case Prest v. Petrodel and the conceptualization of the doctrine of piercing the corporate veil in the UK // Russian Judge. – 2021. – No. 7. – P. 60-64.
4. Demin S. G. Limits of criminal liability of legal entities in Russia: Author’s abstract. …dis. Ph.D. legal sciences. – Krasnodar, 2014. – 25 p.
5. Kachalov V.V. Criminal liability of legal entities: critical analysis of arguments against // Lex russica. – 2016. – No. 12 (121). – pp. 32-40.
6. Minin R.V. Institute of criminal liability of legal entities in Russia: problems of conditionality and regulation: Author’s abstract. dis… cand. legal Sci. – Tyumen, 2008. – 21 p.
7. Sizova V. N. Institute of criminal liability of legal entities in the system of Russian criminal legislation: on the issue of determining the subject // Academic thought. – 2021. – No. 4 (17). – pp. 36-38.
8. Trofimov E. V. US Foreign Corrupt Practices Act of 1977 and international legal initiatives to combat corruption globally: problems of criminalization and administration of dubious transactions of transnational corporations in the 1970s. // Law and politics. – 2019. – No. 2. – P. 30-48.
9. Fedorov A.V. Criminal liability of legal entities and the digital economy // Law and digital economy. – 2021. – No. 1 (11). – pp. 5-12.
10. Fedorov A.V. Criminal liability of legal entities in post-Soviet states. – M.: Yurlitnform, 2022. – 248 p.
CRIMINAL LAW
DYRMA Sergey Valerjevich
senior lecturer of Humanities and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF COUNTERING THEFT AND FRAUD COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The article discusses the concept and features of crimes committed using information and communication technologies. The article considers the criminal and legal characteristics of crimes and frauds committed using information and communication technologies as the most common types of IT crimes. The author identifies the main problems of countering theft and fraud in this category. Based on the studied problematic issues within the framework of the presented topic, as well as the results of an empirical study, the author substantiates the need to improve the activities of the internal affairs of bodies of the Russian Federation in the prevention and disclosure of theft and fraud committed using information and communication technologies in specific areas.
Keywords: theft, fraud, information and communication technologies, legal regulation, extraterritoriality, anonymization, prevention.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // SPS “ConsultantPlus” (date of access: 12/01/2023).
2. On information, information technologies and information protection dated July 27, 2006 No. 149-FZ // SPS “ConsultantPlus” (date of access: 12/02/2023).
3. Alyabyev A. A., Lagutochkin A. V. Problems of implementing operational-search activities in the information space of the Internet // Problems of law enforcement. – 2013. – No. 1. – pp. 66-69.
4. Paramonov A.V., Plotnikova T.V. Prevention of crimes in the field of computer information // Gaps in Russian legislation. – 2019. – No. 4. – pp. 60-63.
CRIMINAL LAW
SAKAEVA Rezeda Ramilevna
lecturer of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
PROBLEMATIC ASPECTS OF DETERMINING THE COMPOSITION OF THE SUBJECT IN ART. 200.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses problematic issues of the concept of “subject of a crime”, provided for in Art. 200.4 of the Criminal Code of the Russian Federation. An analysis of the current legislation and materials of judicial practice in the field of public procurement of goods, works and services is carried out to determine the subject composition. It is concluded that it is necessary to make changes to the current legislation.
Keywords: subject of crime, public procurement, criminal liability for violations in the field of public procurement, contract system, official.
Bibliographic list of articles
1. Accounts Chamber: the potential of the contract system has not yet been revealed. [Electronic resource]. – Access mode: https://ach.gov.ru/checks/12218. (access date: 12/12/2023).
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19 “On judicial practice in cases of abuse of power and exceeding official powers” // Bulletin of the Investigative Committee at the Prosecutor’s Office of the Russian Federation. – No. 4. – 2009.
3. Verdict of the Kurgan City Court No. 1-22/2020 1-693/2019 dated January 27, 2020 No. 1-22/2020. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/5AiTonJKaa14. (access date: 12/13/2023).
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON CRIMINAL LIABILITY FOR INSULT AND SLANDER THROUGH THE PRISM OF PROTECTING NATIONAL INTERESTS
The article examines the issues of possible criminal liability for defamation and insult against the President of the Russian Federation, government or public figures of the Russian Federation. The author examines the modern features of the transformation of Russia’s criminal policy from the perspective of a focus on the comprehensive protection of national interests. Foreign legislation providing for criminal liability for illegal actions discrediting the honor and dignity of heads of state and statesmen has been studied. The directions of improvement of domestic criminal legislation are proposed.
Keywords: crime, national interests, state power, national security, criminal policy, honor, dignity, insult, slander.
Article bibliographic list
1. Report of the Public Chamber of the Russian Federation “On the state of civil society in the Russian Federation for 2023.” – [Electronic resource]. – Access mode:: http://www.oprf.ru/activity_documents. (Date of access: 12/10/2023).
2. Aleksandrov A.I. Philosophy of evil and philosophy of crime: questions of philosophy of law, criminal policy and criminal process. – St. Petersburg, 2013. – 598 p.
3. Minkovsky G. M. On the concept of criminal policy and some problems of its information support // Problems of the sociology of criminal law. Collection of scientific papers. – M., 1982. – P. 66-84
4. Serebrennikova A. V. On the concept of criminal policy: statement of the problem // Business in law. Economic and legal journal. – 2014. – No. 2. – P. 168-170.
5. Martynenko N. E. Criminal policy and criminal law: correlation of concepts // Criminal law: development strategy in the 21st century: collection of materials of the Third International Scientific and Practical Conference; executive editor: A. I. Rarog. – Moscow, 2006. – 365 p.
6. Lechiev R. S. Criminal policy to ensure special military operations and protect the sovereignty of Russia in the new era // Criminological Journal. – 2023. – No. 3. – P. 123-130.
7. Kravchenko I. O. Liberalization and humanization of criminal law policy // All-Russian criminological journal. – 2021. – T. 15. No. 5. – P. 565-577. P. 575.
8. Stupina S.A. On the issue of criminal liability for inciting hatred or enmity, as well as humiliation of human dignity // Activities of law enforcement agencies in modern conditions: Collection of materials of the XXVIII International Scientific and Practical Conference. – Irkutsk, 2023. – pp. 84-87.
9. Criminal Code of the People’s Republic of China / Under the general editorship. prof. A.I. Chuchaeva and prof. A. I. Korobeeva, trans. from Chinese prof. Huang Daoxu. 2nd ed. – M., 2021. – 312 p.
CRIMINAL LAW
CHOCHUEVA Zulfiya Azretalievna
Ph.D. in Law, associate professor, Head of Criminal law and process sub-faculty of the North Caucasus State Academy, Cherkessk
RELATIONSHIP OF DIGITAL TECHNOLOGIES WITH CRIMINAL LEGAL RELATIONS
The modern period of development of law, including criminal law, is inextricably linked with such new phenomena as digital technologies and digital information. The connection between criminal law relations and digital technologies is manifested in the increase in crimes committed in the sphere of cyberspace. Therefore, the analysis of the progressive development of digitalization and its impact on criminal law seems relevant and important. The purpose of the research in this article is to establish a variety of issues that arise in the relationship of digital technologies with criminal law relations, to identify the positive and negative properties of artificial intelligence, which has been so often discussed recently in the scientific community , and is being implemented on a large scale in all spheres of human life. Without going specifically into the criminal acts that are committed through the use of digital tools, the main gaps that require the intervention of the legislator and the doctrine of criminal law have been identified. The solution of these problems, the definition of a uniform legal conceptual framework in the field of digitalization, will allow law enforcement officers to correctly qualify crimes.
Keywords: law, public relations, digital technologies, crime, Internet.
Bibliographic list of articles
1. Arkhipov V.V., Naumov V.B. Artificial intelligence and autonomous devices in the context of law: on the development of Russia’s first law on robotics // Proceedings of SPIIRAS. – 2017. – No. 6. – P. 46-62.
2. Voskobitova L. A. Criminal proceedings and digital technologies: compatibility problems // Lex russica (Russian law). – 2019. – No. 5 (150). – pp. 91-104.
3. Kamyshansky V.P., Koretsky A.V. The concept and legal status of a carrier of artificial intelligence // The power of the law. – 2019. – No. 1 (37). – pp. 42-52.
4. Ponkin I.V., Redkina A.I. Artificial intelligence from the point of view of law // Bulletin of the Russian Peoples’ Friendship University. Series Legal Sciences. – 2018. – T. 22, No. 1. – P. 91-109.
5. Serebrennikova A.V., Lebedev M.V. Criminal law in the era of digital technologies // Union of criminologists and criminologists. – 2020. – No. 4. – P. 65-69.
6. Temirbekov Zh. R. Artificial intelligence and law: a brief overview // Law and State. – 2021. – No. 3 (92). – pp. 142-156.
7. Chernigovskaya T. M. Digitalization and humanity // Global Woman Media. – 2020.
8. Shchelkogonova E. V. Criminal law on-line: theory and practice of digitalization // Technologies of the 21st century in jurisprudence: materials of the All-Russian scientific and practical conference / ed. D.V.BAkhteeva. – 2019. – pp. 177-181.
9. Shchelkonogova E. V. Digital technologies and criminal law: issues of interaction // Bulletin of the Yugra State University. – 2021. – Issue 1 (60). – pp. 105-110.
CRIMINAL LAW
BLIZNETSOV Andrey Sergeevich
student of the Far Eastern Federal University, Vladivostok
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
OSTROZHNIKOV Andrey Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KAN Natalya Andreevna
student of the Far Eastern Federal University, Vladivostok
GULEVICH Margarita Olegovna
student of the Far Eastern Federal University, Vladivostok
TRENDS AND EFFECTIVENESS OF JUSTICE IN RUSSIA: THE STUDY OF PENALTIES FOR FRAUD UNDER ARTICLE 159 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This study is a comprehensive analysis of Russian judicial practice, focusing on article 159 of the Criminal Code concerning fraud. It includes an overview of punishment statistics, paying attention to factors mitigating or aggravating punishment, and evaluates the effectiveness of justice in combating cybercrime. Based on judicial data, the study examines current trends in sentencing and fraud investigations, especially in the field of OT. The analysis reveals the main problems and opportunities for improving the effectiveness of the criminal system in modern Russia.
Keywords: judicial practice, Article 159 of the Criminal Code of the Russian Federation, fraud, cybercrimes, punishments, mitigating and aggravating circumstances, criminal justice, legal statistics, information technology.
Bibliographic list of articles
1. Veklenko V.V. Criminal law. A common part. Publishing house “Urayt”, 2023. – [Electronic resource]. – Access mode: www.urait.ru
2. Pikurov N. I. Exemption from criminal liability with the imposition of a judicial fine: legal nature and prospects for application // Criminal law: development strategy in the 21st century. Materials of the XIV International Scientific and Practical Conference (January 26-27, 2017). – M.: Original layout, 2017. – P. 37-41.
3. Best New Criminal Law Books to Read In 2023 – BookAuthority. – [Electronic resource]. – Access mode: www.bookauthority.org
4. Verina G. V. Differentiation of criminal liability for crimes against property: problems of theory and practice: abstract. dis. Doctor of Law Sci. – Saratov, 2003. – 176 p.
5. Gaukhman L. D., Maksimov S. V. Responsibility for crimes against property. – M.: CenterYurInfor, 2001. – 310 p.
6. Criminal law of Russia. General part: Textbook / Edited by I. E. Zvecharovsky. – M.: Norma, 2018. – 638 p.
CRIMINAL LAW
KAREV Igor Andreevich
student of the Far Eastern Federal University, Vladivostok
MOSKINA Marina Nikolaevna
magister student of the Far Eastern Federal University, Vladivostok
YELOVSKAYA Lika Vladimirovna
student of the Far Eastern Federal University, Vladivostok
BARANOVA Alina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MOISEENKO Daria Ruslanovna
student of the Far Eastern Federal University, Vladivostok
CONSUMER PROTECTION: CRIMINAL LAW ASPECT IN THE RUSSIAN FEDERATION
This article highlights the topic of criminal protection of consumer rights in the context of the Russian Federation, with an emphasis on the analysis of existing legislative norms and judicial practice. Special attention is paid to Article 238 of the Criminal Code of the Russian Federation and its role in ensuring the safety of products and services. The article also explores the relationship between the quality of goods, public health, economic aspects and the impact of international standards on this area.
Keywords: consumer protection, criminal protection, product quality and safety, judicial practice in the Russian Federation, international standards, public health.
Bibliographic list of articles
1. Kuskov A. S., Ivanov I. S. Consumer law. Workshop: textbook for universities – Moscow: Yurayt Publishing House, 2023. – 309 p. – (Higher education).
2. Anisimov A.P., Kozlova M.Yu., Ryzhenkov A.Ya. Civil law of Russia. General part: textbook for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 435 p. – (Higher education).
3. Civil law. Special part in 2 volumes. Volume 2: textbook for secondary vocational education / A. P. AnIsimov, M. Yu. Kozlova, A. Ya. Ryzhenkov, S. A. Charkin. – 7th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 255 p. – (Vocational education).
4. Administrative law of Russia: textbook and workshop for universities / A. I. Stakhov [et al.]; edited by A. I. Stakhov, P. I. Kononov. – 3rd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 484 p. – (Higher education).
5. Golovko E. G. Protection of consumer rights in the Russian Federation: theory and practice. – Moscow: Justitsinform, 2022. – 320 p.
6. Harper J. Consumer Protection Laws in the Globalized World // Journal of Consumer Policy. – 2022. – Vol. 45. – No. 3. – R. 345-368.
7. Smith J. R., Johnson M. W. “Consumer Rights and Product Safety: An International Perspective” // Journal of International Business Studies. – 2021. – Vol. 49. – No. 5. –R. 637-658.
CRIMINAL LAW
KOSTENKO Dmitriy Sergeevich
competitor of the degree of Ph.D. in Law of the St. Petersburg State University
THE ROLE OF THE MODERN SCHOOL OF SOCIAL DEFENSE BY M. ANSEL IN THE ISSUE OF MODERN REFORMS OF THE SYSTEM OF PREVENTIVE MEASURES IN RUSSIA
The article considers the main provisions of the modern school of social defense by M. Ansel and its role in transformation of the system of preventive measures in France. Comparative analysis of the foundations of legal institutions considering preventive measures in the Russian Federation and France leads to the conclusion that there are existing theoretical grounds for further implementation of the policy of humanizing national criminal procedural legislation.
Keywords: precautionary measures, modern school of social defense, Mark Ansel, prohibitions of certain actions, judicial supervision, humanization of the law of criminal procedure.
Bibliographic list of articles
1. Ansel M. New social protection. Humanistic movement in criminal policy: Translation from French / Translation: Lapshina N. S.; Ed. and from the entrance. Art.: Piontkovsky A. A. – M.: Progress, 1970. – 312 p.
2. Golovko L.V. Inquiry and preliminary investigation in the criminal process of France. – M.: Spark, 1995. – 130 p.
3. Cardet S. Le controle judiciaire socio-educatif: 1970-1993, chronique d’une experience qui dure // Revue de science criminelle et de droit pénal compare. – 1994. – No. 3. – P. 504-523.
4. De Vincentiis C. Appunti intorno al procedimento di socializzazione. Riv. Difesa Sociale (Genova). – 1947. – No. 3. – Bl. 285; en 1948. – No. 1-2. – Bl. 45.
CRIMINAL LAW
ROSTOTSKIY Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
BASILOV Umid Ihtiyor ugli
student of the Far Eastern Federal University, Vladivostok
BRAGA Snezhana Sergeevna
student of the Far Eastern Federal University, Vladivostok
BERDYKINA Valeria Viktorovna
student of the Far Eastern Federal University, Vladivostok
VORONOVA Sofya Alexandrovna
student of the Far Eastern Federal University, Vladivostok
REFORMING APPROACHES TO JUVENILE CORRECTION: ANALYSIS AND IMPROVEMENT OF PUNISHMENT SUBSTITUTION MECHANISMS IN THE RUSSIAN FEDERATION
This article deals with the effectiveness of existing mechanisms for the replacement of punishment for juvenile convicts in Russia. Based on the analysis of judicial statistics and the practice of applying the Penal Enforcement Code of the Russian Federation, the imbalance between legislative norms and their implementation in practice is being investigated. Particular attention is paid to the discrepancy between the theoretical provisions and the actual implementation of the law in relation to young people. The article offers recommendations for improving legislation in order to ensure a more humane and fair approach, taking into account age characteristics and the severity of the crimes committed.
Keywords: criminal justice reform, juvenile correction, penal enforcement code, judicial statistics, humanization of law enforcement, analysis of legal practice, differentiation of punishments.
Bibliographic list of articles
1. Matveev S. A., Makarov R. V. “Replacing the unserved part of the punishment with a milder type of punishment: features of theory and practical implementation” // Bulletin of the Mari State University. Series “Historical Sciences. Legal sciences”. – 2016. – No. 1 (5). [Electronic resource]. – Access mode: cyberleninka.ru.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/01/2011 N 1 (as amended on 10/28/2021) “On the judicial practice of applying legislation regulating the features of criminal liabilityity and punishment of minors.” [Electronic resource]. – Access mode: consultant.ru.
3. Babayan S. L. “Issues of replacing the unserved part of the sentence with a milder type of punishment in relation to those sentenced to imprisonment” // Man: crime and punishment. – 2011. – No. 1. [Electronic resource]. – Access mode: cyberleninka.ru.
4. Carcano, Andrea. “Sentencing and the Gravity of the Offense in International Criminal Law”, 51 Int’l & Comp. L.Q. 583, 608 (2002). [Electronic resource]. – Access mode: cambridge.org.
CRIMINAL LAW
SARANCHUK Lina Nikolaevna
student of the Far Eastern Federal University, Vladivostok
TARNOVSKAYA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ROZHENTSEVA Arina Pavlovna
student of the Far Eastern Federal University, Vladivostok
BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
DENISYUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
ARREST REFORM IN RUSSIAN CRIMINAL JUSTICE: ANALYTICAL REVIEW AND PROSPECTS
This article provides an in-depth analytical overview of the role of arrest in the Russian criminal justice system, its recent reforms and future prospects. Based on a comparison with international practice and current changes in legislation, the author explores how arrest affects public perception and the implementation of justice. The article examines the impact of arrest on different age groups, the financing of institutions for the detention of detainees, methods of preventing recidivism, educational initiatives in this area, as well as restrictions on the use of arrest as a sanction.
Keywords: arrest reform, criminal justice, comparative analysis, international experience, legislative changes, public perception, justice.
Bibliographic list of articles
1. Stepashin V. M. Arrest as a type of criminal punishment // Bulletin of Omsk University. Series “Law”. – 2011. – No. 4 (29). – pp. 130-134.
2. Teokharov A.K., Chestnov A.V. Criminal punishment in the form of arrest: problems and prospects // Legal Bulletin of Samara University. – 2020. – T. 6. No. 4. – P. 52-60.
3. Petrukhin I. New Criminal Code: the problem of punishment // Criminal Law. – 1999. – No. 3. – P. 42-44.
4. Federal Law of June 13, 1996 No. 64-FZ “On the implementation of the Criminal Code of the Russian Federation.” – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_10701/.
5. Kehoe A. V. Punishment, Prisons, and Patriarchy: Liberty and Power in the Early American Republic. – NYU Press, 2003.
6. Zedner L. Punishment and security: Patrolling punishment and governance // Punishment & Society. – 2015. – No. 17 (4). – Rr. 436-456.
CRIMINAL LAW
CHAKIEV Murat Akhmedovich
senior lecturer of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
INTERNAL AFFAIRS BODIES AS A SUBJECT OF PREVENTION OF CRIMES AND OTHER OFFENSES AGAINST PERSONS WITH DISABILITIES
The article examines the preventive orientation of the activities of the internal affairs bodies and focuses on the high purpose of the service of district police commissioners in resolving issues of effective prevention of crimes and other offenses. Taking into account a detailed analysis of regulatory legal acts regulating the prevention of offenses, attention is drawn to the need to improve them in order to increase the effectiveness of such activities by properly providing persons with disabilities with a guarantee of protection from criminal encroachments by extending preventive measures mandatory for implementation by district police officers to this category of persons.
Keywords: prevention of crimes; offenses; prevention; disabled person; district police commissioner; internal affairs bodies.
Bibliographic list of articles
1. Bandurka V. B. Different approaches to the interpretation of the concept and essence of an offense // Legal science and practice: history and modernity: collection of materials of the II International Scientific and Practical Conference / MIGUP branch in the Ryazan region; resp. editor I. V. Pantyukhina. Volume Issue 2: Limited Liability Company “Concept Publishing House”, 2014. – P. 17-20.
2. Kachalov V. I., Kachalova O. V., Kachalov V. I. Law enforcement agencies of the Russian Federation: textbook / V. I. Kachalov, O. V. Kachalova; Federal Agency for Education, Moscow State. Industrial University, Institute of Distance Education. – Moscow: MGIU, 2007. – 321 p.
3. Mullakhmetova N. E. Victims of crimes with mental disorders: victimological and criminal procedural aspects // Victimology. – 2017. – No. 2 (12). – P. 46-50.
4. Nosatov Yu. N. Concept of development of the service of local police commissioners of territorial bodies of the Ministry of Internal Affairs of Russia as a management decision of the strategic level // Materials of the International scientific and practical conference “Topical issues of improving the activities of police services and units in the field of protecting public order and public security. Online publication “Academic Thought”. – 2023. – No. 2 (23). – pp. 109-113.
5. Renkas E. V. On the issue of improving the legal regulation of preventive activities of local police officers // Bulletin of Economic Security. – 2018. – No. 1. – P. 165-169.
CRIMINAL LAW
SHADRINA Elena Sergeevna
investigator of the Investigative department for the Leninsky district of the town of Kirov of the Investigative Department of the Investigative Committee of the Russian Federation for the Kirov region, 1st year graduate student of the Faculty of training of scientific and pedagogical personnel and organization of research work of the Moscow Academy of the Investigative Committee
PROBLEMATIC ISSUES OF THE OBJECTIVE SIDE OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 200.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article examines the objective signs of the corpus delicti provided for in Article 200.4 of the Criminal Code of the Russian Federation. The problem of unjustified placement of this article in Chapter 22 of the Criminal Code of the Russian Federation is touched upon. The cases of the use of the concepts of “abuse” and “violation” are investigated, and a conclusion is made about the unsuccessful legal technique used by the legislator in describing the disposition of the crime in question. The concept of major damage is analyzed, the author’s position on the problems arising in connection with the unreasonability of the established amounts of large and especially large damage for the qualification of this crime is formulated.
Keywords: public procurement, scope of procurement, Article 200.4 of the Criminal Code of the Russian Federation, criminal liability, abuse, corpus delicti, damage.
Bibliographic list of articles
1. Abramkin A.D. Criminal legal measures to counteract abuses in the field of procurement of goods, works, services to ensure state or municipal needs: dis. …cand. legal Sci. ― Krasnodar, 2022. – 200 p.
2. Abramkin A.D. Damage as a sign of abuse in the field of procurement of goods, works, services to meet state or municipal needs // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (91). – pp. 52-57.
3. Asnis A. Ya. Novels of the Criminal Code on liability for abuses in the field of public procurement: background and qualification problems // Russian Competition Law and Economics. – 2018. – No. 4. – P. 34-43.
4. Bavsun M.V., Borkov V.N. New criminal law measures for protecting relations in the field of procurement for public needs // Modern law. – 2018. – No. 9. – P. 90-94.
5. Borkov V. N. Abuse in the field of procurement (Article 200.4 of the Criminal Code of the Russian Federation) and fraud // Criminal law. – 2018. – No. 4. – P. 29-32.
6. Borkov V. N. Correlation of abuses in the field of procurement (Article 200.4 of the Criminal Code of the Russian Federation) with other encroachments on state property // Legality. – 2018. – No. 7. – P. 38-42.
7. Veniaminov A.G. Some issues in the investigation of crimes committed in the field of procurement of goods, works and services to ensure state and municipal needs // Russian Investigator. – 2020. – No. 7. – P. 9-13.
8. Gladkikh V.I. Abuses in the field of procurement of goods, works, services to meet state or municipal needs (Article 200.4 of the Criminal Code of the Russian Federation): theoretical analysis // Russian Justice. – 2019. – No. 3. – P. 51-54.
9. Gudkov A.P. Abuses in the field of public procurement (Article 200.4 of the Criminal Code of the Russian Federation): advantages and disadvantages of the legislative novel // Modern science: current problems of theory and practice. Economics and law. –2018. –No. 11. – P. 93-97.
10. Ermolovich Ya. N. Criminal liability for improper execution of the state defense order and violation of the procedure for public procurement // Defense-industrial complex: legal issues. – 2019. – No. 1. – P. 15-26.
11. Any I.A. Defects in the crime under Art. 200.4 of the Criminal Code of the Russian Federation // Court administrator. – 2020. – No. 4. – P. 35-37.
12. Any I.A. On the issue of responsibility for abuses in the sphere of state and municipal procurement // Russian justice. – 2019. – No. 5. – P. 54-56.
13. Any I. A. Criminal legal measuresCombating abuses in the field of procurement of goods, works, services to meet state and municipal needs: dis. …cand. legal Sci. ― Omsk, 2022. – 222 p.
14. Shurpaev Sh. M. Criminal-legal and criminological characteristics of corruption-related crimes in the field of procurement for state and municipal needs: dis. …cand. legal Sci. ― M., 2021. – 297 pp.
15. Yani P. S. Entrepreneurial crimes against property // Legality. – 2017. – No. 1. – P. 46-51.
CRIMINAL LAW
HUYNH Huu Tinh
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; senior lecturer of the People’s Security University of the Ministry of Public Security, Republic of Vietnam
SOME RESTRICTIONS ON CRIMES OF INTERFERENCE WITH JUDICIARY IN THE 2015 CRIMINAL CODE OF VIETNAM
Crimes of infringing on judicial activities are specified in Chapter XXIV of the 2015 Criminal Code, despite the amendments and supplementations on the basis of absorbing international legislative experience, reasonable scientific points of the previous 1999 Criminal Code as well as the practical situation of Vietnam. But the crimes of infringing on judicial activities in the current penal code still have many inadequacies in terms of vocabulary and concepts of acts and so on. This omission leads to a lack of uniformity in crimes handling that violate judicial activities by law enforcement agencies. The article mentions some inadequacies in this group of crimes and proposes directions for improvement.
Keywords: crime, infringement of judicial activities, Сriminal Code of Vietnam 2015.
Bibliographic list of articles
1. Criminal Code of the Socialist Republic of Vietnam 2015
2. Criminal Code of the Socialist Republic of Vietnam 1999
3. Criminal Procedure Code of the Socialist Republic of Vietnam 2015
4. Law on the Organization of Criminal Investigation Agencies of the Socialist Republic of Vietnam 2015
5. Commentary on the Criminal Code of 2015, section on crimes “Chapter XIV. Crimes that impinge on judicial activities.” Dinh Van Que, 2021.
6. Crimes encroaching on judicial activities in the Criminal Code of Vietnam. Nguyen Tat Vien. Justice Publishing. Hanoi, 2016.
CRIMINAL PROCEDURE
AZAROV Vitaliy Vladimirovich
lecturer of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
MILOKUMOVA Alina Alexandrovna
cadet of the 1st platoon of the 2nd course of the Samara Law Institute of the FPS of Russia
PROBLEMS OF TRAINING EMPLOYEES OF THE PENAL ENFORCEMENT SYSTEM TO WORK ON RUSSIAN SOFTWARE IN THE ERA OF DIGITALIZATION OF EDUCATION
The article examines the problems of training employees of the penal enforcement system to work on domestic solutions in the field of information technology and, in general, the transition to Russian software in the era of digitalization in educational organizations of the Federal Penitentiary Service .
Therefore, the purpose of the study is to develop certain recommendations for training employees of the Federal Penitentiary Service of Russia to work on Russian software.
The vast majority of personal computer users are used to using foreign software in their daily lives (activities), for example, the Microsoft Windows operating system with the Microsoft Office office suite, which differs significantly from Russian software.
Integration of reproductive and creative tasks into the educational process is an effective learning measure, since they are focused on mastering the skills of working with the LibreOffice office suite, as well as on consolidating and independently using the acquired skills and knowledge in the future.
Keywords: Russian software, training, employee, professional skills, personal computer, information security.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated March 30, 2022 No. 166 “On measures to ensure technological independence and security of the critical information infrastructure of the Russian Federation.” // www.garant.ru (accessed November 28, 2023).
2. Order of the Ministry of Digital Development, Communications and Mass Communications of the Russian Federation 01/18/2023 N 21 “On approval of Methodological recommendations for the transition to the use of Russian software, including at significant objects of critical information infrastructure of the Russian Federation, and on the implementation of measures aimed at acceleratea new transition of government bodies and organizations to the use of Russian software in the Russian Federation.” // www.garant.ru (accessed November 28, 2023).
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PIVOVAROV Igor Konstantinovich
lawyer of the Crimean Bar Association
CONFISCATION OF VEHICLES FROM CONVICTS UNDER ARTICLES 264.1, 264.2, 264.3 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: THE CONCEPT, CONDITIONS AND PROCEDURE OF APPLICATION
The article considers the type of criminal punishment – confiscation of property of distinguished persons for committing crimes provided for in Articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation. Special attention is paid to the concept of confiscation of vehicles in accordance with paragraph “d” of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation, the procedure for its implementation, the necessary conditions and existing problems in law enforcement practice for its implementation. The legal norm fixed in paragraph “d” of Part 1 of Article 104 of the Criminal Code of the Russian Federation, in connection with the amendments adopted and entered into force on 07/14/2022, fixes the confiscation of a new type of property – a vehicle belonging to the accused provided for in Articles 261.1, 264.2 or 264.3 of the commented Code. Thus, the legislator took the path of tougher penalties for violation of traffic rules. It should be noted that this measure, on the one hand, contributes to the occurrence of real property losses for the guilty person, comparable to his wealth level.
Keywords: confiscation of vehicles, punishment of convicts under Articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation, seizure of vehicles in violation of traffic rules, property.
Bibliographic list of articles
1. Manya V. Confiscation in criminal and administrative law: some issues of legislative technology // Moldova. – 2014. – P. 266.
2. Kubov R. Kh. Types of confiscation of property in criminal legislation // Russian investigator. – 2007. – No. 23. – P. 12-18.
3. Mikhailov V. Confiscation in national and international criminal and criminal procedural law // Legislation. – 2007. – No. 3. – P. 71-78.
4. Vishnyak I. The harm caused by the crime must be compensated // Supervisory activity. Law and order. – 2015. – No. 3. – P. 23-27.
5. Shablinskaya D.V. Special confiscation in criminal law // Legal Journal. – 2007. – No. 2. – P. 34.
6. Samorodsky E. O., Biruk M. S. Automotive technical examination and investigative experiment are integral tools of the investigator in collecting grounds for initiating a criminal case on the grounds of a crime, as provided for by GOST. 264 of the Criminal Code of the Russian Federation // Eurasian Legal Journal. – 2023. – No. 3. – P. 290-293.
7. Appeal resolution of the Ulyanovsk Regional Court dated September 4, 2023 in case No. 22-1638/2023 // Ulyanovsk Regional Court. – [Electronic resource]. – Access mode: http://www.uloblsud.ru/index.php?option=3&id=90&idCard=108285.
CRIMINAL PROCEDURE
DYAKONOVA Viktoriya Viktorovna
Ph.D. in Law, associate professor of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University
ON THE SPECIAL ROLE OF PRINCIPLES IN CRIMINAL PROCEEDINGS AND THE IMPORTANCE OF THEIR SYSTEMATIZATION
This article examines issues related to the system of principles of criminal procedure, enshrined in Chapter 2 of the Code of Criminal Procedure of the Russian Federation, as well as their content. The issues of systematization of fundamental provisions, the attribution of legal provisions to the principles of criminal proceedings, the formulation of criteria of principles based on the concept of principle, respectively, the definition of the concept itself has not only theoretical but also practical significance. Judicial decisions, as well as all criminal proceedings, must comply with the normative provisions enshrined as principles. In addition, all prohibitions and restrictions established in the Code of Criminal Procedure of the Russian Federation should not contradict such provisions. In this regard, it is relevant to study issues related to the system of principles, the concept and content, observation and implementation of principles in both general and special procedures of criminal proceedings. Also, the issue of improving the list of principles of criminal proceedings is relevant by including other normative provisions in it as principles, based on their special significance for the entire criminal proceedings and the fulfillment of the purpose of criminal proceedings.
Keywords: principles of criminal procedure, system of principles, approaches to the concept of principle, signs of principle, analysis of the content of legal norms, compliance with the provisions fixed as principles, constitutional principles , sectoral principles, the importance of systematization of principles, the principle of abuse of procedural rights.
Bibliographic list of articles
1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2017 No. 51 “On the practice of applying legislation when considering criminal cases in the court of first instance (general procedure for legal proceedings)” / SPS “Consultant Plus”.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 5, 2006 No. 60 “On the use by courts of a special procedure for the trial of criminal cases” / ATP “Consultant Plus”.
3. Criminal procedure: a textbook for universities. Ed. V. P. Bozhyeva. 2nd ed. – M.: Spark, 2000. – P. 74.
4. Criminal procedural law of the Russian Federation: textbook / Rep. ed. P. A. Lupinskaya. – M.: Yurist, 2003. – P. 174.
5. Strogovich M. S. Course of the Soviet criminal process. – M., 1968. – T. 1. – P. 124.
6. Dobrovolskaya T. N. Principles of the Soviet criminal process. – M.: Legal. lit., 1971. – P. 10.
7. Vandyshev V.V. System of principles of new criminal proceedings // Current problems of law in Russia and the CIS countries – 2004. Materials of the VI International Scientific and Practical Conference dedicated to the 75th anniversary and memory of Professor Yu. D. Livshits. April 1-2, 2004 – Chelyabinsk: SUSU, 2004. – P. 107.
8. Mikhailovskaya I. B. Goals, functions and principles of Russian criminal proceedings (criminal procedural form). – M.: TK Welby, Prospekt Publishing House, 2003. – P. 110.
9. Bergel J.-L. General theory of law. – M., 2000. – P. 560.
10. Davydov P. M. Principles of the Soviet criminal process. – Sverdlovsk, 1971. – P. 3.
11. Mikhailovskaya I. B. Goals, functions and principles of Russian criminal proceedings (criminal procedural form). – M.: TK Welby, Prospekt Publishing House, 2003. – P. 117.
12. Ibid. – P. 117.
CRIMINAL PROCEDURE
EGOROV Alexander Yurjevich
Ph.D. in Law, associate professor of Judicial activities and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University
ADVERSARIAL PRINCIPLES WHEN EXAMINING THE TESTIMONY OF WITNESSES IN A TRIAL
The article discusses the testimony of a witness in a judicial investigation in criminal proceedings through direct interrogation and through the announcement of protocols of interrogations of witnesses carried out during the preliminary investigation, from the point of view of ensuring the adversarial nature of the criminal process and equality of the parties.
Keywords: adversarial process, equality of parties, judicial investigation, interrogation of a witness, announcement of interrogation protocols.
Bibliographic list of articles
1. Afanasyeva A. A. Problems of forming personal evidence in mixed criminal proceedings // Russian judge. – 2003. – No. 7.
2. Besedin G. E. Announcement of testimony of a witness, victim and defendant in criminal proceedings in Russia: history and modernity // Russian Judge. – 2003. – No. 7.
3. Mashovets A. O. Judicial investigation in criminal proceedings. – M.: Yurlitinform. 2016.
4. Criminal procedure: textbook / Ed. V. S. Balakshina, Yu. V. Kozubenko, A. D. Proshlyakova. – M.: InfotropikMedia, 2016.
5. Criminal procedure: a textbook for universities. 2nd ed. / Under general ed. A. V. Smirnova. – St. Petersburg: Peter, 2006.
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”
JUDICIAL DISCRETION AS A CRITERION FOR THE QUALITY OF CRIMINAL PROCEEDINGS
The article provides the main criteria of criminal proceedings that determine the quality of justice served. Compliance by law enforcement officials with these criteria increases public confidence in the judicial system. The correct and reasonable use of judicial discretion allows the judge to make fair decisions, the mechanism for making which is clear to all participants in the proceedings. Discretion permeates all stages of criminal proceedings, being in a strong relationship with the principles and criteria of judicial proceedings.
Keywords: judicial discretion, quality of justice, criteria oflegal proceedings.
Bibliographic list of articles
1. Abushenko D. B. Judicial discretion in civil and arbitration proceedings. M., 2002.
2. Azarov V. A., Becker T. A. Establishing the truth as the basis for preventing judicial errors in criminal proceedings: monograph. M.: Yurlitinform, 2019.
3. Barak A. Judicial discretion. M., 1999.
4. Vladimirov L. E. The doctrine of criminal evidence. Tula: Autograph, 2000.
5. Gadzhiev G. A. On the principle of proportionality and constitutional cassation. Judge. 2019. No. 7.
6. Galagan I. A., Vasilenko A. V. On the problems of the theory of law enforcement relations // State and Law. 1998. No. 3.
7. Gorevoy E. D. Internal judicial conviction in assessing evidence in criminal cases. M., 2008
8. Gracheva Yu. V. Judicial discretion in the implementation of criminal law norms: problems of lawmaking, theory and practice: abstract. dis. … Doctor of Law. Sci. M., 2011
9. Kant I. What does it mean to navigate in thinking? Per. with him. // Works. At 8t. M., 1994
10. Kvach A. For the analysis of judicial statistics, court sentences will be given // Legal Report June 11, 2019
11. Komissarov K.I. Judicial discretion in Soviet civil proceedings // Soviet state and law. 1969. No. 4.
12. Kornakova S.V., Shcherbakov V.A. Judicial discretion in criminal proceedings // Russian Judge. 2018. No. 10.
13. Kurnosova V.V. Mustyakimova N.R. Manifestation of judicial discretion in the legal systems of our time // Russian Judge. 2019
14. Levchenko O. V., Khuziakhmetov D. M. Limits of judicial discretion in criminal proceedings // Criminologist Library. 2012. No. 2.
15. Litvintseva N. Yu. Legality in criminal proceedings // Siberian criminal procedural and forensic readings. 2016. No. 6 (14)
16. Martyshkin V.N. Judicial discretion during suspended sentence, parole and reconciliation of the parties // Criminal process. 2008. No. 3.
17. Mikhailovskaya I. B. Evaluation of evidence. Criminal process / Ed. I. L. Petrukhina. M., 2001.
18. Novitsky V. A. Theory of Russian procedural proof and law enforcement. Stavropol, 2002.
19. Papkova O. A. Discretion of the court. M., 2005
20. Pokrovsky I. A. Basic problems of civil law. Petrograd. Law, 1917
21. Debate on the abstract of V.K. Sluchevsky. Minutes of meetings of the branches of the St. Petersburg Law Society // Journal of Civil and Criminal Law. 1880
22. Principles of modern Russian criminal proceedings. M., 2015
23. Rarog A.I. Judicial discretion in the application of criminal law // Bulletin of the Nizhny Novgorod University named after. N.I. Lobachevsky. 2003. No. 2
24. Rossinsky S. B. A few words about the purpose of proof in adversarial criminal proceedings // Russian justice. 2015. No. 10.
25. Sarsenov A. M. Judicial discretion in modern legal systems: Dis. … doc. Philosopher Sci. Astana, 2009
26. Judicial discretion in a situation of choice: possibilities and limitations // Judge. 2019. No. 7
27. Criminal process. Problem lectures / Under. ed. V. T. Tomina, I. A. Zinchenko. M.: Yurayt Publishing House, 2013
28. Criminal procedure: textbook / Ed. V. S. Balakshina, Yu. V. Kozubenko, A. D. Proshlyakova. M.: Infotropik Media, 2016
29. Cherdantsev A.F. Interpretation of law and agreement. M., 2003
30. Churyaev V. A. The importance of legal principles in the administration of justice // Judge. 2019. No. 9.
31. Senyakin N. N. Moral foundations of criminal justice in the Russian Federation. Saratov. Publishing house “Saratov State Academy of Law”, 2018.
CRIMINAL PROCEDURE
PRYS Evgeniy Vladimirovich
Ph.D. in Law, professor, professor of Criminal process and criminalistics sub-faculty of the Institute of the Academy of the FPS of Russia, Honored professor of the Academy of the FPS of Russia
GRISHKO Lyudmila Evgenjevna
Ph.D. in Law, associate professor
THE LEGAL STRUCTURE OF THE INSTITUTION OF EXECUTION OF THE SENTENCE AS THE MOST IMPORTANT ACT OF JUSTICE: THE PREREQUISITES FOR THE ORIGIN AND DEVELOPMENT, THE CURRENT STATE AND PROSPECTS FOR IMPROVEMENT
The relevance of the study is determined by the high social significance of the institution of execution of the sentence, in the process of which public opinion, authority and trust are formed not only to the court, but also to all public authorities. This is due to the fact that the execution of a sentence is the most important act of justice, which is based on the constitutional principles of criminal proceedings, representing a complex legal structure. The purpose of the work is a comprehensive study of the institution of execution of the sentence, determination of its effectiveness at each historical stage of development, identifiedation of errors in the structure of the institution, development of proposals for their elimination. To achieve this research goal, the author analyzed the domestic legislation of various years and the legislation of some foreign countries. I got acquainted with the scientific theory and the result of the empirical material of the Institute of execution of the sentence. The article reveals the role and defines the meaning of the terms.
Keywords: constitutional principles of criminal procedure legislation, court, criminal proceedings, justice, elements of legal competition, application practice, scientific doctrine, improvement of the institution, efficiency improvement.
Bibliographic list of articles:
1. Maltsev G.V. Revenge and retribution in ancient law: monograph. – M.: Norma, Infra-M, 2012. – 736 p.
2. Sverdlov M. B. From Russian Law to Russian Truth. – M.: “Legal Literature”, 1988. – 176 pp.
3. Tikhomirov M. N., Epifanov P. P. Cathedral Code of 1649. – M.: Publishing house Mosk. Univ., 1961.
4. Ryzhov D.V. Judicial reform of Peter I in the legislation of the Russian Empire at the beginning of the 13th century // Yurist-Pravoved. – 2017. – No. 3 (82). – pp. 11-16.
5. Lyakh T. A. The emergence and development of the stage of execution of a sentence in domestic criminal procedural law. – Text: immediate // Young scientist. – 2020. – No. 3 (293). – pp. 196-198.
6. Nikolyuk V.V. “Enforcement of a sentence”: a legal phantom or a current legislative structure // IV International Penitentiary Forum “Crime, Punishment, Correction” (to the 140th anniversary of the penal system of Russia, the 85th anniversary of the Academy of the Federal Penitentiary Service of Russia) : Sat. abstract Speeches and reports of participants (Ryazan, November 20-22, 2019): in 10 volumes – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2019. Vol. 1: Materials of the plenary meeting. – 2019. – pp. 88-94.
7. Burmagin S.V. Final and interim judicial decisions in the context of unity and differentiation of judicial proceedings in the criminal process. Current problems of Russian law. – 2019. – No. 9. – P. 97-105.
8. Zarechanskaya T.V. Legal structures in the Criminal Procedure Code of the Russian Federation. – Text: immediate // Young scientist. – 2021. – No. 40 (382). – pp. 100-102.
9. Skvortsova E. V. Problematic issues arising in the practice of courts during the execution of a sentence. – Text: immediate // Young scientist. – 2017. – No. 11 (145). – pp. 375-377.
10. Sumin A. A. The stage of execution of a sentence should not be present in the system of stages of criminal proceedings // Bulletin of Economic Security. – 2019. – No. 1. – P. 79-81.
CRIMINAL PROCEDURE
RAGIMHANOVA Kamilla Tagirovna
lecturer of Information law and Informatics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF CRIMES COMMITTED USING INFORMATION TECHNOLOGY
The article is devoted to the features of crimes committed using information technologies. In accordance with statistics from the Ministry of Internal Affairs of the Russian Federation, it has been revealed that one out of three crimes is committed using information technology. The most common methods of committing crimes using information technologies have been identified. Methods for detecting traces of unauthorized access to automated systems have been identified. Directions for increasing the efficiency of identifying crimes committed on network Internet resources, in places of network communication (social networks, forums, blogs, etc.), as well as network resources with a high potential for posting information of an illegal nature, have been identified.
Keywords: information technologies, computer crimes, traces of crimes in the field of use of information technologies, cybercrimes.
Bibliographic list of articles
1. Vekhov V. B. Fundamentals of forensic teaching on the study and use of computer information and monographs [Text]. – Volgograd: PA Ministry of Internal Affairs of Russia, 2008. – 408 p.
2. Kvyatkovsky K. S. Crimes in the field of computer information, computer crimes and cybercrime: the relationship of concepts // Young scientist. – 2022. – No. 42 (437). – pp. 108-112.
3. Lopatkin T. M., Antsiferova I. V. Features of cybercrime and cybersecurity in the Russian Federation // Challenges of modernity and strategies for the development of society in the conditions of a new reality. – 2023. – P. 180-185.
4. Fedotov N. N. Forensics – computer forensics [Text]. – M.: Legal World, 2007. – 432 p.
5. Shatalov A. S. Development of methodological foundations for investigating crimes committed with the help of computer and network technologies: problems, prospects and trends // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (32). – pp. 7-15.
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF INSTITUTION OF CRIMINAL PROCEEDINGS WHEN DISCLOSING CRIMES AGAINST PROPERTY COMMITTED AT RAILWAY TRANSPORT INFRASTRUCTURE FACILITIES
The article discusses the problematic aspects of initiating a criminal case for the purpose of prompt disclosure and investigation of all possible forms of crime of other people’s property. An analysis of groups of crimes encroaching on private property at railway transport facilities was carried out. A set of actions necessary for the effective investigation of criminal cases of this category has been determined.
Keywords: criminal case, criminal code, railway transport infrastructure facilities, interaction, stages of investigation.
Bibliographic list of articles
1. Order of the Ministry of Internal Affairs of Russia dated March 28, 2015 No. 381 “On the organization of interaction of territorial bodies of the Ministry of Internal Affairs of Russia in railway, water and air transport with other territorial bodies of the Ministry of Internal Affairs of Russia and the delimitation of operational service facilities.”
2. Federal Law of the Russian Federation of August 12, 1995 No. 144-FZ “On operational investigative activities” // SZ RF. – 1995. – No. 33. – Art. 3349.
3. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on October 30, 2018) // Collection of legislation of the Russian Federation. – December 24, 2001. – No. 52 (Part I). – St. 4921.
4. Golovin A. Yu. Basic criminalistic classifications of crimes. 2013. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bazovye-kriminalisticheskie-klassifikatsii-prestupleniy.
5. Gribunov O. P. Theoretical foundations and applied aspects of the disclosure, investigation and prevention of crimes against property committed in transport: dissertation … Doctor of Law: 12.00.12. – Rostov-on-Don, 2016. – pp. 49-51.
6. Zhiryutin V.I. Forensic characteristics of crimes and causation // Current directions in the development of forensic methodology and investigative tactics: materials of the extended meeting of the Academic Council of the All-Union Institute for the Study of Causes and Development of Crime Prevention Measures. – M., 1978. – P. 61-65.
7. Korukhov Yu. G. The importance of forensic characteristics in an investigation // Information Bulletin. based on materials from the Forensic readings “Scientific validity of the forensic characteristics of a crime” of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2000. – No. 17. – P. 14-15.
8. Podolny N.A. Forensic classification of crimes as a means of optimizing the investigation // Criminologist Library. – 2013. – No. 3. – P. 18.
CRIMINAL PROCEDURE
SAFONOV Andrey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic support of expert research sub-faculty of the Educational and Scientific Complex of Forensic Science of the V. Ya. Kikot Moscow University of the MIA of Russia
PROKOPENKO Nadezhda Alexandrovich
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
SPECIFIC FEATURES OF CERTAIN INVESTIGATIVE ACTIONS AT THE INITIAL STAGE OF INVESTIGATION OF CYBERCRIME COMMITTED BY ORGANIZED GROUPS
This article examines selected investigative actions at the initial stage of cybercrime investigations, paying special attention to the challenges posed by the dynamic nature of electronic evidence. The analysis of normative legal acts emphasizes the need for international cooperation in the fight against cybercrime and suggests a strategic shift towards the involvement of information technology specialists in law enforcement agencies. The importance of creating specialized units and increasing the training of investigators to combat the transnational and rapidly evolving nature of cybercrime is highlighted. In addition, the article emphasizes the importance of computer forensics for the preservation of digital evidence. It emphasizes the urgent need to improve the skills of law enforcement officers and establish ongoing cooperation with IT specialists to ensure effective preservation of evidence and identification of remote access channels in the investigation of this type of crime.
Keywords: cybercrime, organized groups, investigative actions, initial stage of investigation, law enforcement agencies, crime detection and investigation, computer systems, electronic information, IT technologies.
Bibliographic list of articles
1. Shevko N. R. Features of detection and investigation of cybercrimes: problems and solutions // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – T. 1. – No. 1. – P. 13-16.
2. Bagmet A. M., Antonov O. Yu., Bychkov V. V. Forensic science. Textbook. In 3 parts. Part 2. Forensic tactics. – M.: Prospekt, 2020. – 240 p.
3. Kryukova N. I., Kosolapova N. V. Forensic science. Tutorial. – M.: Justice, 2019. – 618 p.
4. Kushnirenko S.P., Pristanskov V.D., Nizamov V.Yu. Forensic science. (Bachelor’s degree). Workshop. – M.: Justice, 2019. – 176 p.
5. Kazakova I. O., Kostenko T. A. On the issue of investigating cybercrimes in the Russian Federation // Student Bulletin. – 2019. – No. 22-2 (72). – pp. 98-99.
6. Berova D. M. Investigation of cybercrimes // Gaps in Russian legislation. – 2018. – No. 2. – P. 173-175.
7. Trofimov Z. O. Features of investigative actions at the initial stage of investigation of cybercrimes: domestic and foreign experience // Legal science. –2019. – No. 10. – P. 74-77.
8. Ishchenko E. P., Egorov N. N., Volokhova O. V. Forensics of the XXI century. Development strategy and tactics. Collective monograph / Ed. Ishchenko E. P. – M.: Prospekt, 2018. – 208 p.
CRIMINAL PROCEDURE
GRIGORJEV Anatoliy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
REPYAKH Anastasiya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
DMITRIEVA Alice Igorevna
student of the Far Eastern Federal University, Vladivostok
TIKAKHINA Tatyana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
KLOCHKO Irina Vadimovna
student of the Far Eastern Federal University, Vladivostok
IMPLEMENTATION OF PENAL ENFORCEMENT LEGISLATION IN THE RUSSIAN FEDERATION: ASSESSMENT OF PRACTICES AND REGULATIONS
This article deals with a thorough study of the penal enforcement legislation in the Russian Federation, with an emphasis on the conditions and nuances of serving a sentence through imprisonment. The study includes a detailed analysis of Articles 128 and 129 of the Penal Enforcement Code of the Russian Federation, as well as their relationship with the Criminal Code of the Russian Federation, with special attention to the classification and conditions of detention of convicts. Special attention is paid to the study of colony settlements, their importance in the penal system and conditions for convicts, taking into account their past criminal experience and behavior. The article also discusses aspects of social adaptation and rehabilitation of convicts, seeking to find a balance between humanizing the conditions of serving a sentence and maintaining public safety.
Keywords: Penal Enforcement Code of the Russian Federation, conditions of serving sentences, penal colonies, regulatory framework, reintegration of convicts, Criminal Code of the Russian Federation, correctional system.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // SZ RF. – 1996. – No. 25. – Art. 2954.
2. Order of the Ministry of Justice of the Russian Federation “On approval of the Instructions for sending to a colony-settlement those sentenced to imprisonment, in respect of whom the court has made a decision providing for the independent transfer of the convicted person to the place of serving the sentence” dated April 6, 2009 No. 102 // Bulletin of normative acts of federal executive bodies authorities. – 2009. – No. 15.
3. Criminal Executive Code of the Russian Federation of January 8, 1997 No. 1-FZ // SZ RF. – 1997. – No. 2. – Art. 198.
4. Kozachenko I. Ya., Detkov A. P. Criminal executive law 2nd ed.: textbook for universities. – Ekaterinburg: Yurayt, 2023. – 525 p.
5. Galeotti Mark. The Vory: Russia’s Super Mafia. – New Haven, CT: Yale University Press, 2018. – 344 p.
6. Hasegawa Tsuyoshi. Crime and punishment in The Russian revolution. – Cambridge, MA: Harvard University Press, 2017. – 368 p.
CRIMINAL PROCEDURE
GRITSENKO Nikita Sergeevich
postgraduate student of the Institute of Law of the Siberian Federal University, Krasnoyarsk
DETERMINANTS OF FINAL DECISION-MAKING BY A PANEL OF JUDGES AND JURY IN CRIMINAL PROCEEDINGS
Based on the analysis of criminal procedure legislation, law enforcement practice and scientific literature, the article identifies the following groups of factors (determinants) that influence decision-making in the collegial administration of justice in criminal cases: 1) procedural; 2) administrative; 3) psychological. The author identifies the relevant problems of determining the final decisions taken by the court in collegiateal composition in the administration of justice in criminal cases, and suggests some ways to solve them.
Keywords: determinants (factors) of the verdict, verdict, collegiality, criminal proceedings, professional judges, jurors
Bibliographic list of articles
1. Engalychev V.F., Beloded D.R., Minenko I.F. Psychological context of the jury’s assessment of possible unlawful acts of the defendant // Applied legal psychology. 2021. No. 1 (54). pp. 19-23.
2. Vorotyntseva A. A. et al. History of Russian justice: textbook. a manual for university students studying in the specialty “Jurisprudence” / Ed. N. A. Kolokolova. M.: UNITY-DANA: Law and Law, 2009. 448 p.
3. Kolokolov N. A. Distribution, redistribution of cases in multi-compartment courts: some problems of legal regulation // Russian Judge. 2004. No. 10. P. 4-12.
4. Lykov D. A. Collegial professional consideration of criminal cases: essence and features // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2021. No. 4 (59). pp. 107-112.
5. Osintsev D.V., Domchenko A.S. Ontology of the creational legal process // Russian judge. 2018. No. 12. pp. 11-15.
6. Pichugin V. G. The problem of psychological influence on jurors // Medicine. Sociology. Philosophy. Applied research. 2019. No. 1. P. 159-162
7. Reshetova N. Yu. Psychological aspects of maintaining the prosecution in court with the participation of jurors // Psychological features of participants in criminal proceedings: collection. scientific tr. / Ed. O. D. Sitkovskaya; University of the Prosecutor’s Office of Russia. Federation. M., 2018. pp. 61-73.
8. Tyrichev I.V. Principles of the Soviet criminal process: textbook. allowance / Answer. ed. M. S. Dyachenko. M.: Legal. lit., 1983. 80 p.
9. Yakimovich Yu. K. Election of judges and collegiality of consideration of criminal cases in the Russian Empire, the USSR and the Russian Federation; jury trial or court of sheffens? // Criminal justice. 2014. No. 2 (4). pp. 29-33.
CRIMINAL PROCEDURE
DAURBEKOVA Iman Yaragievna
magister student of the 3rd course of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
YUSUPKADIEVA Sadikat Nurmagomedgadzhievna
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
HISTORICAL BACKGROUND FOR THE FORMATION AND FEATURES OF THE DEVELOPMENT OF THE INSTITUTION OF REOPENING CRIMINAL PROCEEDINGS DUE TO NEW OR NEWLY DISCOVERED CIRCUMSTANCES
In the article, the authors examine the historical background for the formation and features of the development of the institution of resuming criminal proceedings in view of new or newly discovered circumstances in Russia. The institution of reopening criminal proceedings due to new or newly discovered circumstances is an important element of the criminal procedural system of the Russian Federation. The development of this institution in Russia is closely connected with historical and legal changes, as well as with the constant desire to ensure justice and protect the rights of citizens. This institution has a long history, starting with the formation of criminal procedural structures in the country.
Keywords: resumption of criminal proceedings, new circumstances, newly discovered circumstances, exceptional stage of the criminal process, criminal proceedings, prosecutor.
Bibliographic list of articles
1. Vedishchev N.P. Resumption of criminal proceedings due to new or newly discovered circumstances. – M.: Yurlitinform, 2003.
2. Davydov V. A. Resumption of criminal proceedings due to new or newly discovered circumstances: Abstract of a dissertation for the degree of Doctor of Law. – M., 2011.
3. Davydov V. A. Resumption of criminal proceedings due to new or newly discovered circumstances: theory and practice of correcting judicial errors. – M.: Yurayt, 2011.
4. Pisarev A.V. Criminal procedure: a textbook for universities / Ed. B. B. Bulatova, A. M. Baranova. – M.: Yurayt, 2019.
CRIMINAL PROCEDURE
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
IZOTOVA Ekaterina Alexeevna
student of the Far Eastern Federal University, Vladivostok
ZHUK Konstantin Denisovich
student of the Far Eastern Federal University, Vladivostok
FROLOV Vladimir Alexandrovich
student of the Far Eastern Federal University, Vladivostok
VYRDYLINA Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DISCRETION IN THE EVALUATION OF EVIDENCE: ANALYSIS OF THE INFLUENCE OF THE DEFENSE IN CRIMINAL PROCEEDINGS IN RUSSIA
This article is an analytical review devoted to the issues of the discretionary powers of the bar in the context of evaluating evidence in the criminal proceedings of the Russian Federation. Based on the analysis of normative acts, including the Criminal Procedure Code of the Russian Federation and the Law on Advocacy, the article explores how expanded protection opportunities affect the fairness and objectivity of court decisions. The role of the concept of “conscience” in the evaluation of evidence, as well as the relationship between departmental interests and the legality of the process, is considered. Particular attention is paid to the impact of discretion on the balance between the rights of the defense and the duties aimed at ensuring a fair trial.
Keywords: criminal proceedings, discretion in the assessment of evidence, protection in criminal proceedings, legality of court decisions, the Code of Criminal Procedure of the Russian Federation, advocacy, justice in justice, departmental interests , the concept of conscience in law.
Bibliographic list of articles
1. Verenich I.V., Kustov A.M., Proshin V.M. Forensic theory of the mechanism of crime: monograph under scientific. ed. honorable Lawyer of the Russian Federation Dr. legal Sciences A. M. Kustova. – M.: Yurlitinform, 2014. – 640 pp.
2. Sub. 3 p. 4 art. 6 of the Law “On advocacy and the legal profession in the Russian Federation” dated May 31, 2002 No. 63-FZ.
3. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on April 24, 2020).
4. Constitution of the Russian Federation of December 12, 1993 (including amendments dated March 14, 2020 No. 1-FKZ).
5. Solomon P. H. (2005) ‘The criminal procedure code of 2001: will it make Russian justice more fair?’ in Ruling Russia: Law, Crime and Justice in a Changing Society, Pridemore, W. (ed.). Lanham: Rowan and Littlefield, 77-100.
6. Carsten Stahn. A Critical Introduction to International Criminal Law. Cambridge University Press (2018).
CRIMINAL PROCEDURE
KLOCHKO Irina Vadimovna
student of the Far Eastern Federal University, Vladivostok
GRIGORJEV Anatoliy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
DMITRIEVA Alice Igorevna
student of the Far Eastern Federal University, Vladivostok
TIKAKHINA Tatyana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
REPYAKH Anastasiya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
INVESTIGATION OF FALSIFICATION OF OWNERS’ DECISIONS IN APARTMENT BUILDINGS IN RUSSIA
This article presents an in-depth analysis of the falsification of owners’ decisions in apartment buildings in Russia, focusing on the legal, social and economic aspects of this complex problem. The factors contributing to such actions, including legal gaps and difficulties in proving, are being investigated. The article discusses modern methods of combating such violations, including strengthening the legislative framework and the use of new technologies, as well as suggests strategies to improve law enforcement and public control.
Keywords: falsification of decisions, apartment owners, apartment buildings, legal shortcomings, investigative methods, judicial practice, legislative regulation, technological innovations, public control.
Bibliographic list of articles
1. Georgy Malginov, Alexander Radygin, 2021. “State property management in Russia in 2020,” Publications, Gaidar Institute for Economic Policy, revised 2021.
2. Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended on November 21, 2022). – [Electronic resource]. – Access mode: SPS ConsultantPlus.
3. Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ. Part one (ed. dated April 16, 2022). – [Electronic resource]. – Access mode: SPS ConsultantPlus.
4. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 29, 2022). – [Electronic resource]. – Access mode: SPS ConsultantPlus.
5. Federal Law No. 176-FZ dated June 29, 2015 (as amended on December 30, 2021) “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation.”
6. Tyunin V.I. On the issue of liability for the use of a knowingly forged document (Part 3 of Article 327 of the Criminal Code of the Russian Federation) // Criminal Law. – 2019. – No. 4. – P. 103–110.
7. Tyutyunik R.N., Kovyazin M.D., Mazurov D.A. Combating crimes, p.related to the falsification of minutes of the general meeting of owners of apartment buildings // Legality. – 2022. – No. 4.
8. Fraud: A Growing Threat to the Property Management Industry. – National Apartment Association, 2021.
CRIMINAL PROCEDURE
PROVATKINA Valeria Evgenjevna
student of the Law School of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Law School of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
HUMANIZATION OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION
The article is an extensive study aimed at analyzing and arguing for the urgent need for changes in criminal proceedings in order to give them more humane, fair and effective characteristics. The authors of the article emphasize that in conditions of constant dynamics of legal norms and the public context, the procedures of criminal investigation and judicial proceedings may face formalism, bureaucracy and insufficient attention to the rights of defendants. The article examines the key problems faced by the judicial system in the context of the humanization of the criminal process. Analytical reviews of international experience and modern human rights requirements in the context of criminal proceedings are offered. The authors also provide possible solutions to the identified problems based on the principles of humanism and human rights protection.
Keywords: criminal proceedings, humanization, accused, defendant, Criminal Procedure Code of the Russian Federation, human rights and freedoms, equality.
Bibliographic list of articles:
1. Prokofieva S. M. Humanization of criminal proceedings: abstract of thesis. Doctor of Law: 12.00.09. – St. Petersburg, 2002. – 42 p.
2. Antonov I. A. Moral and legal principles of criminal procedural activity: Theoretical ideas and law enforcement practice: abstract of thesis. … Doctor of Law: 12.00.09. – St. Petersburg, 2005. – 45 p.
3. Kurakina Yu. V. Sociocultural aspects and human rights in the context of globalization // Rights and freedoms of man and citizen: theoretical aspects and legal practice: Materials of the annual scientific conference in memory of Professor Felix Mikhailovich Rudinsky on April 25, 2013. – M.: APKiPPRO, 2013. – 404 p.
4. Ilyin I. A. Collected Works. Volume two. Book 1. – M.: Russian Book, 1993. – 398 p.
5. Zoloev A. T. Implementation of the principle of humanism in criminal law // Legal fact. – 2019. – No. 55. – P. 43-45.
6. Latypova E. Yu., Nechaeva E. V. Controversial issues of the content of the principle of humanism in criminal law // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (37). – pp. 355-360.
7. Musaev M. A. The principle of humanism in the implementation of legal responsibility and ensuring respect for the rights and freedoms of man and citizen // Legal science: history and modernity. – 2016. – No. 5. – P. 37-45.
CRIMINAL PRINCIPAL LAW
ASADOV Vatan Vagifovich
Ph.D. in Law, associate professor of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of convicts from society sub-faculty of the Pskov branch of the FPS University of Russia
SHAMSUDINOV Islam Validovich
cadet of the Pskov Branch of the FPS University of Russia
ON THE PROBLEM OF ENSURING THE SAFETY OF EMPLOYEES OF PENAL ENFORCEMENT INSPECTIONS
The article justifies the importance and relevance of studying the problem of ensuring the safety of employees of penitentiary inspections. Based on the results of the study (selective survey of employees of penitentiary inspections), the authors formulated the main threats to the safety of employees. In addition, the authors identify the key factors for ensuring the safety of employees of penitentiary inspections and consistently consider them. The authors of the article pay special attention to the analysis of the criminogenic composition of convicts registered with the penitentiary inspections as one of the factors affecting the safety of employees.
Keywords: penal enforcement inspectorate, an employee of the penal enforcement inspectorate, a convict who is registered with penal enforcement inspections, security.
Bibliographic list of articles
1. Vasiliev F. P. Issues of improving the prevention and prevention of crimes among minors at the present stage // Goals and means of criminal and penal policy in relation tominors: Sat. materials international scientific-practical conf. (Vologda, November 26-27, 2009): at 2 o’clock – Vologda, 2009.
2. Review of the results of the activities of penal inspections in 2022. – M.: FSIN of Russia, 2023.
3. Shamsunov S. Kh, Smirnova Yu. A. On the safety of employees of penal inspections // Law and Law. – 2012. – No. 6. – P. 100.
CRIMINAL PRINCIPAL LAW
DIKAEVA Elina Salmanovna
lecturer of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
PRIORITY DIRECTIONS OF THE INTERNAL AFFAIRS BODIES IN THE PREVENTION OF CRIME OF THOSE CONDITIONALLY RELEASED FROM SERVING A SENTENCE OF IMPRISONMENT
The article is devoted to the problems of ensuring the effectiveness of the activities of the internal affairs bodies for the prevention of crime of those conditionally released from serving a sentence of imprisonment. The prospects for the formation and organization of the effective functioning of the national probation service from 2024 require the development of a special legislative framework for the activities of bodies (institutions) and organizations that are authorized to implement the probation function on the basis of constant interdepartmental interaction and organizational and managerial transformations. It is proposed to adopt a new joint order of the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia on interdepartmental cooperation on crime prevention of persons conditionally released from serving a sentence of imprisonment.
Keywords: prevention, parole, interdepartmental cooperation, the bodies of interior, imprisonment.
Bibliographic list of articles
1. Mayorova S. A. Basic principles and forms of interaction between the police and government agencies in the field of protecting public order and ensuring public safety // Bulletin of the Vladimir Law Institute. 2016. No. 1 (38). pp. 84-89.
2. Order of the Ministry of Justice of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation dated October 4, 2012 No. 190/912 (as amended on January 26, 2017) “On approval of the Regulations for interaction between the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia to prevent the commission of crimes and other offenses” // Rossiyskaya Gazeta. 2012. 26 Oct.
3. Order of the Ministry of Internal Affairs of Russia dated August 24, 2023 No. 619 “On some organizational issues of the activities of the internal affairs bodies of the Russian Federation in crime prevention” // ConsultantPlus.
4. Order of the Ministry of Justice of Russia dated May 20, 2009 No. 142 (as amended on August 22, 2014) “On approval of the Instructions for organizing the execution of punishments and measures of a criminal legal nature without isolation from society” // Rossiyskaya Gazeta. 2009. August 14.
5. Order No. 184/203 dated April 6, 2017 On approval of the Regulations on the interaction of the Main Directorate of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region with the Federal Penitentiary Service of Russia for St. Petersburg and the Leningrad Region on issues of monitoring persons convicted conditionally and to types of punishment not related to imprisonment.
6. An interdepartmental operational and preventive operation “Special Contingent” is taking place in Kalmykia. [Electronic resource]. – Access mode: https://08.fsin.gov.ru/news/detail.php? element (accessed December 20, 2022).
7. Order of the Ministry of Labor and Social Protection of the Russian Federation dated October 27, 2023 No. 779n “On approval of a standard agreement on the interaction of institutions executing punishments in the form of forced labor or imprisonment, and penal inspections with employment service bodies when carrying out activities in the field post-penitentiary probation”. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202310310013 (access date 12/15/2023).
8. Decree of the Government of the Russian Federation dated July 19, 2012 No. 728 (as amended on March 13, 2017) “On the procedure for interaction between the Ministry of Internal Affairs of the Russian Federation and the Federal Penitentiary Service in the implementation of international treaties of the Russian Federation on readmission” (together with the “Rules for interaction of the Ministry of Internal Affairs Affairs of the Russian Federation and the Federal Penitentiary Service in the implementation of international treaties of the Russian Federation on readmission”) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access – 03/17/2022).
9. Passport of the priority program “Reform of control and supervisory activities”, approved by the protocol of the Presidium of the Council under the President of the Russian Federation for Strategic Development and Priority Projects dated December 21, 2016 No. 12 (as amended on March 29, 2018). [Electronic resource]. – Access mode: https://base.garant.ru/71682144 (date of access: 12/20/2022).
10. Fesko D. S. Administrative and legal guarantees of the rights of citizens and organizations in the implementationon state control (supervision): dis. …cand. legal Sci. 12.00.14. Nizhny Novgorod, 2021. P. 171.
CRIMINAL PROCEEDING
MASHOVETS Asiya Okeanovna
Ural State Law University, Ekaterinburg
PROSHLYAKOV Aleksey Dmitrievich
South Ural State Law University, Chelyabinsk
REHABILITATION WITHOUT ACQUITTAL
The article discusses the issue of compensation for harm caused as a result of erroneous classification of the actions of the defendant and the termination of criminal prosecution in court regarding an unconfirmed accusation. The basis for recognition of the right to rehabilitation is, as a rule, an acquittal by the court or the termination of criminal prosecution due to the refusal of the state prosecutor to charge. Judicial practice recognizes the possibility of rehabilitation upon termination of criminal prosecution on part of the charge while simultaneously finding the person guilty of committing another crime. The authors draw attention to the need to improve the rehabilitation mechanism when reclassifying the defendant’s actions in court when excluding the independent accusation brought against him from the scope of the charge.
Keywords: rehabilitation, partial rehabilitation, acquittal, criminal prosecution, independent accusation, necessary defense.
Bibliographic list of articles
1. Kuznetsova A. D. Partial rehabilitation: legislative reinforcement and law enforcement practice // Russian Judge. 2021. No. 5. P. 12-16.
2. Shiplyuk V. A. The circle of persons entitled to rehabilitation in accordance with Chapter 18 of the Code of Criminal Procedure of the Russian Federation (definition problems) // Criminologist. 2013. No. 1 (12). pp. 37-42.
JUDICIAL PROCEEDINGS
GALITSKAYA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
MINACHEV German Rinatovich
magister student of the Far Eastern Federal University, Vladivostok
GERASHCHENKO Nikita Arturovich
magister student of the Far Eastern Federal University, Vladivostok
LYASHEVA Alyona Anatoljevna
student of the Far Eastern Federal University, Vladivostok
POPOVA Valeriya Konstantinovna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF THE DEVELOPMENT OF LEGAL NORMS OF ENFORCEMENT PROCEEDINGS IN THE RUSSIAN EMPIRE
This paper presents a comprehensive analysis of the evolution of the legal norms of enforcement proceedings in the Russian Empire, starting from the era of Peter the Great and up to the reign of Catherine the Great. The study delves into the historical aspects of these transformations, noting the importance of reforms and their impact on the status of persons involved in enforcement proceedings. Special attention is paid to the analysis of key changes aimed at improving the processes of property penalties and the introduction of a balance between rights and obligations. The introduction of bailiff positions and their role in the legal system is considered, as well as an analytical comparison with international practices is carried out, revealing the distinctive features of Russian jurisdiction.
Keywords: development of legal norms, enforcement proceedings, history of Russian law, reforms of Peter the Great, legal innovations of the Catherine era, bailiffs, balance of rights and obligations, the Russian Empire, comparative analysis of legal systems.
Bibliographic list of articles
1. Petition from the bailiff of the Tobolsk Consistory Afanasy Serebrennikov to make his son Mikhail Serebrennikov a sexton // F-I 156. – Op-2. – D. 1517. – P. 23.
2. The case at the request of the son of the retired police officer A. Scriabin to assign him to the Tobolsk spiritual consistory as a watchman // F-I 156. – Op. 7. – D. 2067.
3. Decree of the Tobolsk spiritual consistory on the release of bailiff Fyodor Ushakov to the Dalmatov Assumption Monastery for work // F-I 156. – Op. 3. – D. 73.
4. Personal decree of March 5, 1711 “On the procedure for meetings and office work in the government senate and on the position of chief fiscal // PSZ RI-1. – T. IV. – No. 2319.
5. Brief depiction of processes or litigation // Russian legislation of the 10th–20th centuries: In 9 volumes. Volume 4. Legislation during the formation of absolutism. – M.: Legal literature, 1986. – P. 404-450.
JUDICIAL PROCEEDINGS
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of Samara State University of Economics
KITAEVA Alina Vladimirovna
Ph.D. in Law, associate professor, associate professor of Professional disciplines sub-faculty of the Faculty of Training of State and Municipal Employees of the Samara Law Institute of the FPS of Russia
DAVLETOV Ruslan Railevich
postgraduate student of Theory of law and public law disciplines sub-faculty of the Institute of Law of Samara State University of Economics
GUBAREVA Elena Nikolaevna
student of the 5th course of the Institute of Law of the Samara State University of Economics
ON COMBATING CORRUPTION IN THE DOMESTIC JUDICIAL SYSTEM
Corruption in public authorities is a problem of national security of the state, it affects all spheres of society and is directly related to the trust of citizens in public authorities. Therefore, the fight against this type of corruption is among the priorities of the state to prevent state threats. The article examines the determinants of corruption in the judicial system and the regulatory regulation of the fight against corruption. Statistical data are provided, international anti-corruption cooperation and the approach of the domestic legislator to this problem are investigated.
Keywords: national security, public authorities, judicial system, corruption.
Bibliographic list of articles
1. On anti-corruption: Federal Law No. 273-FZ dated December 25, 2008 (as amended on July 10, 2023) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 10/30/2023).
2. On the status of judges in the Russian Federation: Law of the Russian Federation dated June 26, 1992 No. 3132-I (as amended on July 10, 2023) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 10/30/2023).
3. Model code of ethics and official conduct of civil servants of the Russian Federation and municipal employees: approved by the decision of the presidium of the Council under the President of the Russian Federation for combating corruption dated December 23, 2010 (protocol No. 21) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 10/30/2023).
4. Perception of corruption by the population: current trends, data from VTsIOM surveys / Survey data based on the probabilistic all-Russian Internet panel “VTsIOM-online” and all-Russian telephone public opinion polls “Sputnik”. [Electronic resource]. – Access mode: https://sociodigger.ru/fileadmin/user_upload/2021_10_anti-korrupcia/2021-10_Diagr.pdf_, https://wciom.ru/analytical-reviews/analiticheskii-obzor/korrupcziya-v-rossii-monitoring ( access date: 10/30/2023)
5. Report on the implementation by the Russian Federation of GRECO recommendations within the framework of the fourth round of assessment, dedicated to the topic of preventing corruption in relation to parliamentarians, judges and prosecutors. [Electronic resource]. – Access mode: https://anticor.hse.ru/main/news_page/opublikovan_otchet_o_vypolnenii_rossiey_rekomendatsiy_greko_(access date: 10/30/2023).
6. The capital’s judges did not dare to report their real estate. [Electronic resource]. – Access mode: http://www.yurclub.ru/yur-news/?_(date of access: 10.30.2023).
JUDICIAL PROCEEDINGS
LYASHEVA Alyona Anatoljevna
student of the Far Eastern Federal University, Vladivostok
GALITSKAYA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
MINACHEV German Rinatovich
magister student of the Far Eastern Federal University, Vladivostok
POPOVA Valeriya Konstantinovna
student of the Far Eastern Federal University, Vladivostok
GERASHCHENKO Nikita Arturovich
magister student of the Far Eastern Federal University, Vladivostok
THE ERA OF DIGITAL INNOVATION IN THE JUDICIAL SYSTEM
This article explores the process of digital transformation in the judicial system of the Russian Federation, emphasizing its role in the modern era and as part of the global movement towards digital innovation. She describes the key aspects and stages of the introduction of information and communication technologies in court proceedings, including the early applications of videoconferencing in court proceedings and legislative efforts to simplify procedures through digital documents and online court sessions. The article also highlights how digitalization contributes to improving the accessibility, openness and efficiency of legal proceedings, as well as addresses challenges in the field of cybersecurity and personal data protection.
Keywords: digital innovation, the judicial system of the Russian Federation, information technology, video conferenceing, digital documents, legal reforms, accessibility of the judicial process, transparency of proceedings, cybersecurity.
Bibliographic list of articles
1. Grigoriev V. N., Pobedkin A. V. Digital technologies in criminal proceedings as a means of developing the criminal procedural form. In the collection: Current issues of preliminary investigation: theory and practice. // Materials of the All-Russian Scientific and Practical Conference. – 2019. – pp. 74–83.
2. Voskobitova L. A. Criminal proceedings and digital technologies: compatibility problems // Journal: JUS CRIMINALE. – 2019. – No. 5. – P. 91–104.
3. Kozlova E. I., Kutafin O. E. Electronic justice: problems of theory and practice. – Moscow: Statute, 2019.
4. Cherdantsev A.F. Information technologies in the mechanism of law enforcement. – Moscow: Yurlitinform, 2018.
5. Melnikov V.P. Use of information technologies in the arbitration process. – Moscow: Yurlitinform, 2021.
6. Safaryan S. Yu. Issues of digitalization in the activities of courts of general jurisdiction // Journal “State and Law”. – 2020.
CRIMINALISTICS
VESYOLIN Vasiliy Vladimirovich
senior lecture chair of Criminalistic techniques sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities of the Volgograd Academy of the MIA of Russia
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
SOME PROBLEMATIC ASPECTS OF THE ORGANIZATION OF THE FUNCTIONING OF BALLISTIC RECORDS IN ORDER TO UNCOVER AND INVESTIGATE CRIMES
The article examines some problematic issues of organizing ballistic records in the system of expert and forensic units of the Ministry of Internal Affairs of Russia, and suggests possible solutions to them, allowing to increase the efficiency of technical and forensic support for the detection and investigation of crimes committed with the use of firearms.
Keywords: bullet cartridge collection, automated ballistic identification system, traces of the use of firearms, clones of spent bullets and cartridges, forensic units.
Bibliographic list of articles
1. Gordeev V.F., Ryzhikov D.A. Scientific and technical support for the detection and investigation of crimes // Special forensic technology: collection. reports of the international Scientific. pract. conf. – M., 2017. – pp. 22-24.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PROBLEMS OF DESCRIBING A PERSON’S APPEARANCE IN CRIMINOLOGY
In criminology, one of the main tasks is to determine a person’s appearance based on available data and evidence. However, the problem of describing appearance is becoming more complex and relevant in the light of modern technologies and information manipulation capabilities. In this article, we will look at one of the branches of criminology – habitoscopy, consider some of the problems that specialists face when describing a person’s appearance. We will also describe the main anatomical and functional characteristics of the description of a person.
Keywords: description of appearance; signs of appearance; elements of appearance; identification; habitoscopy; verbal portrait; forensic portrait; identification of a person; appearance of a person.
Bibliographic list of articles
1. Toporkov A. A., Verbal portrait: A practical guide. — M.: Yurist, 1999.
2. Verbal portrait. Signs of describing a person’s appearance. [Electronic resource]. – Access mode: https://studfile.net/preview/9467835/page:19/ (access date: 12/10/23).
3. Snetkov V. A., Vinnichenko I. F., Zhitnikov V. S., Zinin A. M., Ovsyannikova M. N. Forensic description of human appearance: textbook. allowance / Under. ed. V. A. Snetkova. – M.: All-Russian Research Institute of the Ministry of Internal Affairs of the USSR, 1984.
4. Zinin A. M. Identification of personality by appearance (some problematic issues) // Criminal process and criminology at the turn of the century. Academy of Management of the Ministry of Internal Affairs of the Russian Federation. – 2000.
CRIMINALISTICS
MUSALAEVA Zubeida Burakovna
postgraduate student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
YUSUPKADIEVA Sadikat Nurmagomedgadzhievna
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THEORETICAL PROVISIONS OF FORENSIC COMPUTER-TECHNICAL EXAMINATION
The active development of information technology in human everyday life has led to the simultaneous emergence of cybercrime. Forensic computer-technical examination has now become of great relevance as a separate type of engineering and technical examination, which is carried out to assist in the detection and investigation of crimes committed in the digital space. The article discusses the main theoretical principles of forensic computer technical expertise (FCTE), in particular its concept, essence, subject, objects, tasks, goals, and also analyzes the main types of SCTE.
Keywords: forensic examination, criminology, forensic computer forensics, cybercrime.
Bibliographic list of articles
1. Sabelnikova M. A., Abdrakhmanova G. I., Gokhberg L. M., Dudorova O. Yu. et al. Information society in the Russian Federation: statistical collection / Rosstat; National research University “Higher School of Economics”. – M.: National Research University Higher School of Economics, 2018. – P. 13.
2. Statistical collection “State of crime in Russia for January – September 2020” // General Prosecutor’s Office of the Russian Federation. – M., 2020. – pp. 6-7.
3. Statistical collection “The state of crime in Russia for January-December 2015” // FKU GIAC of the Ministry of Internal Affairs of the Russian Federation. – M., 2016.
4. Zubakha V. S., Usov A. I., Saenko G. V., Volkov G. A., Bely S. L., Semikalenova A. I. General provisions for the purpose and production of computer technical expertise: Methodological recommendations. – M.: GU EKTs MIA of Russia, 2000. – P. 25.
5. Shelupanov A. A., Smolina A. R. Forensika. Theory and practice of cybercrime investigation. – M.: Hotline – Telecom, 2020. – P. 13.
6. Semikalenova A. I. Modern problems of determining the object of forensic computer-technical examination // Journal Bulletin of the University named after O. E. Kutafin (MSAL). – 2018. – No. 7 (47). – pp. 111-115.
7. Rossinskaya E. R., Galyashina E. I. Judge’s handbook: forensic examination. – M.: Prospekt, 2023. – P. 378.
8. Andreev B.V., Pak P.N., Horst V.N. Investigation of crimes in the field of computer information. – M.: Yurlitinform, 2001. – P. 65.
9. Rossinskaya E. R., Usov A. I. Forensic computer-technical examination. – M., 2001. – P. 121.
CRIMINALISTICS
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor of Criminalistics 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
FEATURES OF THE INVESTIGATION OF CRIMINAL CASES RELATED TO THE ILLEGAL SALE OF NARCOTIC DRUGS REMOTELY
The authors have attempted to highlight problematic issues of a criminal and criminal procedural nature arising from the investigation of criminal cases related to the illegal sale of narcotic drugs remotely. Typical situations that arise when documenting the illegal activities of an organized group specializing in the illicit trafficking of narcotic drugs using caches are shown. The peculiarity of this type of crime is that they are committed conspiratorially, the participants act through the Internet using anonymous nicknames. The qualification of such acts, the formation of the evidence base is a certain difficulty.
Keywords: organized group, remote way of selling narcotic drugs, conspiracy techniques, use of the Internet, hiding places for bookmarks.
Bibliographic list of articles
1. Korovin N.K. Features of the investigation of illegal drug trafficking using the Internet // International scientific research journal. – 2018. – No. 10-2 (76). – pp. 65-67.
2. Afzaletdinova G. Kh. On the issue of the peculiarities of sales of narcotic drugs and psychotropic substances by an organized group // Society, law, statehood: retrospective and perspective. – 2020. – No. 1. – P. 42-47.
3. Garmanov V. M. Criminal legal assessment of the sale of narcotic drugs, psychotropic substances or their analogues as a single ongoing crime or a set of crimes // Scientific portal of the Ministry of Internal Affairs of Russia. – 2010. – No. 1. – P. 95-100.
4. Erokhin D.V. Some problems of qualification of crimes in the sphere of illegal drug trafficking // Siberian Legal Review. – 2019. – No. 16 (1). – P. 96-102.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006. No. 14 “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances.”
6. Vlasov P. E. Aktuapersonal problems of qualification and investigation of illegal drug trafficking. – M., 2023. – P. 37.
CRIMINALISTICS
OBUKHOV Igor Anatoljevich
Ph.D. in Law, associate professor of Criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
THE USE OF FORENSIC KNOWLEDGE BY DISTRICT POLICE OFFICERS IN THE PREVENTION OF CRIMES OF A TERRORIST NATURE
The article highlights the importance of the work of district police commissioners in the prevention of terrorist crimes. The data on the number of terrorist crimes prevented by law enforcement agencies are given. Attention is focused on the knowledge of the precinct police commissioners of the criminalistic features of the formation of traces indicating the preparation, commission and concealment of traces of crimes. It is pointed out that there are a variety of terrorist crimes that create a wide range of forensic features. The knowledge of the signs of the considered category of crimes by the district police officers is an integral part of their preventive activities. The article also points out the importance of the interaction of district police officers with other services and departments.
Keywords: prevention of terrorist crimes, maintenance of public order and security in the serviced administrative area.
Article bibliographic list
1. Obukhov I. A., Kim D. V. Features of the investigation of crimes of a terrorist nature under the conditions of the legal regime of the counter-terrorist operation: monograph. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2021. – 188 pp.
2. Loginova N. G., Sudnitsyn A. B., Abramova L. L. Interaction of the investigator with the bodies of inquiry: legislative regulation and law enforcement practice: textbook. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2021. – 104 p.
3. Forensic tactics: educational and practical guide / D. L. Kokorin [et al.]. – Ekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – 78 p.
SAFETY AND LAW
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, senior lecturer of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
ABRAMOV Ivan Romanovich
student of the “Information security” training course of the Institute of History and Public Administration of the Ufa University of Science and Technology
SIBAGATULLINA Razilya Munavarovna
Associate Professor of the Department of Economic and Legal Security of the Institute of History and Public Administration of the Ufa University of Science and Technology
INFORMATION SECURITY AND CULTURE IN THE DIGITAL ECONOMY
The relevance of the study lies in the fact that information security, ensuring compliance with technical requirements and standards forms an independent cultural environment of the IT infrastructure of the digital environment, which requires independent research. The object of research is the digital economy. The subject of the study is the cultural environment within the framework of ensuring the security of IT infrastructure. The purpose of the study is to meaningfully consider information security and culture as integral elements of a sustainable IT infrastructure. The article argues that the true significance of this issue is that simply implementing the appropriate tools alone does not provide complete security without a proactive culture that scales adoption, controls, and regularly improves information security. The article examines how organizations form a culture primarily aimed at compliance with information security requirements in IT and how at the same time an understanding is formed that information security and culture are inevitable elements of modern IT infrastructure. This article highlights five main characteristics of organizations whose culture is institutionalized and which form an effective cultural environment of modern IT infrastructure.
Keywords: cultural environment, security, digital environment, digitalization, electronic data.
Bibliographic list of articles
1. Malyuk, A. A. Foreign experience in forming a culture of information security in society / A. A. Malyuk, O. Yu. Polyanskaya // Security of information technologies. – 2016. – T. 23, No. 4. – P. 25-37. – EDN XIELKN.
2. Faizullin F. S. Formation of information culture of economic students / F. S. Faizullin, F. M. Garipova, R. A. Kashapova // Discussion. – 2022. – No. 6(115). – P. 6-16. – DOI 10.46320/2077-7639-2022-6-115-6-16. – EDN URUVMA.
3. Redondo T. The digital economy: Social interaction technologies–an overview. – 2015.
SAFETY AND LAW
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
SVIRIDOV Ruslan Evgenjevich
lecturer of Fire and tactical-special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
SPECIAL MEANS AND LEGAL BASIS FOR THEIR USE
The article examines the legal basis for the use of special means by employees of the penitentiary system and provides statistical data on cases of their use. Based on an analysis of the use of special means, the authors drew conclusions about the importance of using comprehensive measures for their effective use by employees of the penitentiary system. Recommendations are given on how to properly train employees in the lawful use of special equipment. In correctional colonies and prisons, convicts attack employees in connection with the performance of their official duties. The effectiveness of measures to suppress criminal situations largely depends on how prepared employees of institutions are to act in these situations, and the ability to use physical force and special means.
Keywords: special means, employees of the penal system, legal framework, PPE, armor protection, armored vehicles, gas weapons, PR-73M.
Bibliographic list of articles
1. Konarev M. Yu. Problems of civil liability of employees of the Russian penal system for the unlawful use of physical force, special means and weapons, and ways to solve them // Man: crime and punishment. 2017. – T. 25 (1-4). – No. 3. – P. 390-393.
2. Panteleev V. A. Negative factors influencing employees of the penal system when using physical force, special means or weapons // Humanitarian scientific research: network publication. – 2019. – No. 5. [Electronic resource]. – Access mode: https://human.snauka.ru/2019/05/25910.
3. Timoshchuk A. S. Operational and legal issues of ensuring the security of the state and society in the conditions of informatization // Legal issues of ensuring the economic security of the state in the conditions of informatization of society. – Rostov n/d: DSTU, 2018. – P. 385-392.
SAFETY AND LAW
ZHUK Konstantin Denisovich
student of the Far Eastern Federal University, Vladivostok
VYRDYLINA Yulia Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
FROLOV Vladimir Alexandrovich
student of the Far Eastern Federal University, Vladivostok
IZOTOVA Ekaterina Alekseevna
Student of the Far Eastern Federal University
THE ROLE OF THE CSTO AND THE SCO IN ENSURING REGIONAL SECURITY AND COMBATING TRANSNATIONAL THREATS
This article analyzes the activities of the Collective Security Treaty Organization (CSTO) and the Shanghai Cooperation Organization (SCO) in the context of ensuring regional security and countering transnational threats such as terrorism, extremism and drug trafficking. Special attention is paid to analyzing the effectiveness of measures taken by organizations in response to crisis situations, as well as assessing their role in strengthening international cooperation in combating drug trafficking and cybercrime.
Keywords: CSTO, SCO, regional security, transnational threats, terrorism, extremism, drug trafficking, international cooperation, cybercrime, crisis situations.
Bibliographic list of articles
1. Vasilenko V. I., Vasilenko V. V., Poteenko A. G. Shanghai Cooperation Organization in the Regional Security System. Political and legal aspect. Monograph. – M.: Prospekt, 2018. – 192 pp.
2. Dikarev A.D., Lukin A.V. Stone in the foundation of Russian-Chinese friendship. Collection of scientific works in memory of Alexey Fedorovich Mochulsky. – M., 2018. – 301 p.
3. Baranov A. Yu. SCO and US policy in Central Asia. – M.: LAP Lambert Academic Publishing, 2012. – 164 p.
4. Nikitina Yu. A. CSTO and SCO. Models of regionalism in the security sector. – M.: Navona, 2009. – 200 p.
5. Vasilenko V. I., Vasilenko V. V., Poteenko A. G. Shanghai Cooperation Organization in the regional security system (political and legal aspect). – M.: Prospekt, 2014. – 192 p.
SAFETY AND LAW
TOLBOEVA Aisha Rizvanovna
senior lecturer of Administrative, financeial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
VAGABOVA Diana Valerjevna
student of the 2nd course of the direction of Legal Support of National Security of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
INFORMATION CLASSIFIED AS A STATE SECRET: THE CONCEPT AND LIST
This scientific article explores the concept of state secrets and their role in the modern world. The author analyzes the list of information that relates to state secrets and identifies the main categories of such information. Modern challenges related to the definition and protection of state secrets, including privacy issues in the era of digital information, are also considered. In conclusion, recommendations are proposed for the further development of the policy in the field of state secrets.
Keywords: state secret, information about state secrets, the concept of state secrets, list of state secrets.
Bibliographic list of articles
1. Law “On State Secrets” dated July 21, 1993 No. 5485-1 (latest edition).
2. Decree of the President of the Russian Federation dated August 11, 2003 No. 960 (as amended on February 27, 2023) “Issues of the Federal Security Service of the Russian Federation.”
3. Decree of the President of the Russian Federation “On the list of information classified as state secrets” of 1995
4. Korolev A. A. Sokolova S. Yu. Fundamentals of protecting information constituting state secrets // Textbook. – 2006. – P. 90-92.
SAFETY AND LAW
TYCHININA Ekaterina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
MISHCHUK Angelika Igorevna
student of the Far Eastern Federal University, Vladivostok
SELINA Tatyana Olegovna
student of the Far Eastern Federal University, Vladivostok
STEPANOVA Anna Sergeevna
student of the Far Eastern Federal University, Vladivostok
GRISHCHENKO Violetta Viktorovna
student of the Far Eastern Federal University, Vladivostok
DYNAMICS AND CONSEQUENCES OF MODERN PROTEST MOVEMENTS
This article analyzes modern protest movements, their impact on the political arena and the social sphere. The key factors contributing to the emergence and spread of mass protests are under investigation, including socio-economic conditions, the role of information technology and interaction with the international context. Special attention is paid to the analysis of mobilization strategies, as well as the role of youth in these movements. The article is supported by historical examples demonstrating the variety of methods and approaches to organizing protest actions, as well as their consequences for society and the state.
Keywords: protest movements, socio-political transformations, youth and activism, information campaigns, public discontent, reforms and democracy, political conflict, global influences.
Bibliographic list of articles
1. Vinogradova E. A. Information wars in Latin America // Trends and management. – 2014. – No. 4. – P. 372-384.
2. Kurilkin A.V. Evolutionary development of psychological struggle: from propaganda to psychological operations // International relations. – 2014. – No. 3. – P. 472-474.
3. Petrenko A.I. Theoretical foundations of organizing counteraction to the use of an arsenal of forces, means and methods of information-psychological warfare for political purposes // Trends and management. – 2014. – No. 2. – P. 154-167.
4. Karpovich O. G. Color revolutions as a tool for systemic destabilization of political regimes: threats and challenges for Russia // National Security / Nota bene. – 2015. – No. 1. – pp. 73-87.
5. McFaul M. “Ukraine Imports Democracy: External Influences on the Orange Revolution.” // International Security. – 2007. – Vol. 32. – No. 2. – R. 45-83.
SAFETY AND LAW
YANGURAZOVA Zemfira Akhmetovna
Ph.D. in Biological Sciences, Professor, Professor of the Department of Ecology and Life Safety of the Institute of Nature and Man of the Ufa University of Science and Technology
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of the Department of Industrial Safety and Industrial Ecology at the Institute of Chemistry and Emergency Protection 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
SHCHERBAKOV Andrey Timofeevich
magister student of the Ufa State Petroleum Technical University
INDUSTRIAL SAFETY OF PETROCHEMICAL FACILITIES
The petrochemical process is a high-risk process with the potential for accidents, risks and sometimes catastrophes, so safety and risk prevention have always been key issues in the petrochemical industry. The object of study is the petrochemical industry. The subject of the research is industrial safety. This article examines the issue of safety technologies for petrochemical production processes and presents the main industrial safety risks. This article also systematically summarizes the technical problems and problems in the safety technology aspects of petrochemical production, which helps to identify existing shortcomings and identify ideas for further development. It is agreed that petrochemical facilities must have reliable on-site safety monitoring systems, train personnel in safe work practices, and be prepared and effective to respond to incidents.
Keywords: petrochemistry, national economy, industrial safety requirements, danger, risk.
Bibliographic list of articles
1. Global Petrochemicals Market – Growth, Trends, and Forecasts (2023 – 2028).
2. Kulakov P. A. Management of the functioning of petrochemical facilities based on risk management / P. A. Kulakov, A. F. Shishkina, E. M. Karasev // Modern problems of science and education. – 2014. – No. 6. – P. 227. – EDN TGQEYZ.
3. Kirsanov V.V. On the issue of systematization and specification of preventive work to increase the level of industrial safety of enterprises of the petrochemical complex / V.V. Kirsanov // Bulletin of the Kazan Technological University. – 2013. – T. 16, No. 24. – P. 138-142. – EDN RSAZDB.
4. Anoshin E. A. Industrial safety of petrochemical and oil refining industry facilities / E. A. Anoshin, N. A. Pilyaev // Labor safety in industry. – 2007. – No. 9. – P. 17-18. – EDN JTLORJ.
EDAGOGY AND LAW
VLADIMIROV Sergey Konstantinovich
magister student, Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University in Sterlitamak
KAMALETDINOV Rustam Rifgatovich
magister student, Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University in Sterlitamak
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University in Sterlitamak
PROFESSIONALLY ORIENTED TEACHING OF A FOREIGN LANGUAGE IN A TECHNICAL UNIVERSITY
The article analyzes the need for modernization of Russian technical education for training specialists who are able to carry out professional contacts in a foreign language in various fields and situations. The authors considered the purpose of teaching foreign languages in technical universities. It is to achieve a level sufficient for the practical use of a foreign language in professional activities. According to the article, in order to increase the effectiveness of the educational process, teachers should develop new organizational forms and methodological techniques. The emphasis is on a bidirectional educational approach. In addition two approaches have been investigated: English for specific purposes and integrated content language teaching. The article presents possible ways to optimize and modernize the methodology of teaching foreign languages. Much attention is paid to the process of integration of foreign language and professional components necessary for the formation of a competitive graduate-specialist model in the global labor market. It is concluded that a new approach to choosing the content of education involves professionally-oriented teaching of a foreign language.
Keywords: professional activity, educational process, teaching methods, professionally-oriented teaching, competitiveness.
Bibliographic list of articles
1. Davydov V.V. Theory of developmental education / Ross. Academician Education, Psychological Institute, Int. Association “Developmental Education”. – M.: INTOR, 1996. – 544 p.
2. Galskova N. D., Vasilevich A. P., Koryakovtseva N. F., Akimova N. V. Fundamentals of methods of teaching foreign languages. – M.: Knorus, 2017.
3. Abramovich G.V. The concept of foreign language competence as the goal and result of vocational education // Scientific notes. Series: Psychological and pedagogical sciences. – Nezhin: Publishing House of NSU named after. Gogol, 2005. – 257 p.
4. Folomkina S.K. Teaching reading in a foreign language at a non-linguistic university: educational and methodological manual – Ed. 2nd, rev. – Moscow: Higher School, 2005. – 253 p.
5. Latypova E. R., Zufarova Z. Kh. Communication and laws of communioncation at the university. In the collection: Science, society, technology: problems and prospects for interaction in the modern world. Collection of articles of the VII International Scientific and Practical Conference. – Petrozavodsk, 2022. – P. 170-173.
6. Serova T. S. Information, awareness, innovation in education and science [Text]: selected information about the theory of professionally oriented reading and methods of teaching it in higher education: a collection of scientific articles. – Perm: Perm National Publishing House. research Polytechnic University, 2015. – 441 p.
7. Vygotsky L. S. Collected works: in 6 volumes / Ch. ed. A.V. Zaporozhets. – M.: Pedagogy, 1982-1984. – T. 2: Problems of general psychology / Under. ed. V.V. Davydova. – 1982. – 504 pp.
8. Zimnyaya I. A. Psychological aspects of teaching speaking a foreign language [Text]. – Moscow: Enlightenment, 1978. – 159 p.
9. Coyle, D., Deppeler, J., Loreman, T., Smith, R. and Florian, L. Conceptualization, language learning, and language use: An integrated approach. Inclusive pedagogy throughout the curriculum. International prospects for inclusive education, 2015. – 235-258 pp.
EDAGOGY AND LAW
GALLYAMOVA Diana Ayratovna
postgraduate student of Social and political communications sub-faculty of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
KOENIG Anna Yurjevna
magister student of Social and political communications sub-faculty of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
MURATOVA Elvina Venerovna
magister student of Social and political communications sub-faculty of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
SOCIAL AND INNOVATIVE PROCESSES IN MODERN RUSSIA: THE ROLE AND TRENDS OF DEVELOPMENT IN MODERN EDUCATION AND THE FORMATION OF PUBLIC CONSCIOUSNESS
In the modern world, the social sphere consists of certain relationships and conditions that shape the character and behavior of people. It covers the interests of various communities, including labor relations, daily life, culture, health care and social welfare. As society develops, new social principles, behaviors and policies appear, which makes social activities more and more important, therefore, organizations and institutions not only of a particular sphere, but also of any organization interacting with society in any way, need to adapt to the developing world and anticipate future trends.
Keywords: socio-innovative processes, trends in the development of education, scientific and educational centers (REC), advanced engineering schools (PISH), information security, conscious consumption, public consciousness.
Bibliographic list of articles
1. Gareev E. S., Akhmadullin I. I., Valitova N. E., Gabdrakhmanova L. N., Gabdulkhakova R. V., Kozlova Yu. B., Kostyleva E. G. Theory and practice of advertising and relations with by the public. A textbook for students majoring in “Advertising and Public Relations” Part 1. Public relations and advertising: organization, legal and scientific support of professional activities. – Ufa, USPTU Publishing House, 2018. – 345 pp.
2. Gabdulkhakova R.V., Kozlova Yu.B., Grogulenko N.V. The role of Internet communications in promoting the image of the city // Eurasian Legal Journal. – 2021. – No. 01 (152). – pp. 429-431.
3. Kouba M., Kozlova Yu. B. Optimization of means of communication in modern post-industrial society / In the collection: State of the future: current problems of socio-economic and political-legal development, a collection of articles based on the materials of the IV International Scientific and Practical Conference dedicated to the 70th anniversary USPTU. – 2018. – pp. 269-272.
4. Koenig A. Yu., Kozlova Yu. B. Opportunities and prospects of NFT as a current direction of advertising. – Modern PR: theory, practice, education: Proceedings of the XIV International Scientific and Practical Conference on April 28, 2023. – Ufa: USPTU Publishing House, 2023. – pp. 137-140.
5. Borlaug S. B. Moral hazard and adverse selection in research funding: centers of excellence in Norway and Sweden // Science and Public Policy. – 2016. – Vol. 43. – No. 3. – P. 352-362. DOI: 10.1093/scipol/scv048.
EDAGOGY AND LAW
GOVERDOVSKAYA Elena Valentinovna
Ph.D. in pedagogical sciences, professor, Head of Humanitarian disciplines and bioethics sub-faculty, Deputy Director for Continuing Education of the Pyatigorsk Medical and Pharmaceutical Institute
DELARUE Vladimir Vladimirovich
Ph.D. in sociological sciences, professor, professor of General psychology sub-faculty of the Volgograd State Medical University of the Ministry of Health of the Russian Federation
KOVALEVA Marina Dmitrievna
Ph.D. in sociological sciences, professor, professor of Hygiene and ecology sub-faculty of the Volgograd State Medical University of the Ministry of Health of the Russian Federation
INTERIORIZATION OF THE LEGAL CULTURE OF A DOCTOR IN AN EDUCATIONAL ENVIRONMENT
The article examines the problem of forming the legal culture of a doctor in the educational environment of a university as a process of internalization by medical students of the legal status of a doctor. Based on sociological surveys by VTsIOM, the risks of marginalization among young people are demonstrated, due to the low level of legal awareness among approximately every fifth respondent. Analysis of the data from the author’s sociological research revealed a number of risk factors for deviations in the legal culture of future doctors, among which there is an insufficient level of knowledge about regulatory regulation in the field of protecting the health of citizens, a confusion of legal norms and ethical rules, and a belief in the regulatory deficit of a doctor’s rights, as an asymmetry of his legal status. The conclusion is made about the need to integrate legal training into the system of continuing medical professional education as a means of preventing legal conflicts in medicine.
Keywords: legal culture, professional group of doctors, legal status, youth.
Bibliographic list of articles
1. Balyuk G.I. Interrelation of legal culture and socialist democracy. – K.: Knowledge, 1984. – 48 p.
2. Donika A. D. Sociological forecast of youth compliance with modern vectors of state policy. Monograph. – Tambov, 2023. – 88 p.
3. Erokhina A.V. Modern content of autonomy and responsibility in clinical medicine // International Journal of Experimental Education. – 2017. – No. 4-1. – pp. 53-54.
4. Levina S. V. Theoretical aspects of the educational function of law // Intellectual potential of the 21st century: stages of knowledge. – 2010. – No. 1. – P. 346-350.
5. Slavova N. A. Legal culture: concept and functions // Bulletin of the Volga University named after V. N. Tatishchev. – 2020. – No. 3. – Volume 1. – P. 48-55.
6. Omarov R. A. The principle of patient autonomy in clinical medicine // International Journal of Experimental Education. – 2017. – No. 3-2. – P. 218.
7. Shkarin V.V. Volgograd experience of humanitarian education at a medical university // Bioethics. – 2020. – No. 1 (25). – pp. 22-27.
EDAGOGY AND LAW
GULEVICH Margarita Olegovna
student of the Far Eastern Federal University, Vladivostok
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
KUZNETSOV Andrey Sergeevich
student of the Far Eastern Federal University, Vladivostok
OSTROZHNIKOV Andrey Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KAN Natalya Andreevna
student of the Far Eastern Federal University, Vladivostok
SYNERGY OF DIGITAL AND TRADITIONAL MARKETING PRACTICES IN ACADEMIC INSTITUTIONS: NEW HORIZONS AND EFFECTIVENESS
The highlights study of the interaction between modern digital and time-tested traditional marketing methods in the context of academic institutions. The paper examines how the combination of innovative digital tools, including academic blogs, videos and social media, with classic channels such as print media and academic conferences, affects the visibility and influence of scientific institutions. The authors analyze the effectiveness of integrating various marketing approaches to promote scientific achievements and strengthen public relations, as well as identify key factors contributing to successful communication in the modern scientific world.
Keywords: academic marketing, digital communication strategies, academic blogs, videos, social networks, classical marketing, media integration, academic institutions, communication effectiveness.
Bibliographic list of articles
1. Neuberger C., Nuernbergk, C. and Rischke, M. Weblogs und Journalismus: Konkurrenz, Ergänzung oder Integration? // Media Perspective. – 2022. – Vol. 37. – R. 96-113.
2. Mea M. From Science to Policy and Society: Enhancing the Effectiveness of Communication // Frontiers in Marine Science. – 2016. – Vol. 3. – R. 168.
3. Harris, L. and Rea, A. Social Networks: The Future of Marketing for Small Business // Journal of Business Strategy. – 2020. – Vol. 30. – R. 24-31.
4. Ivanov, D. and Petrova, S. Digital Transformation in Retail: Balancing on the Edge of Disruption // Journal of Retail and Consumer Services. – 2021. – Vol. 58. – Article 102287.
5. Smirnova,M. and Nekhoda, E. Corporate Social Responsibility in the Russian Market: Scope and Challenges // Russian Management Journal. – 2018. – Vol. 16. – No. 3. – R. 345-366.
EDAGOGY AND LAW
KRYLOV Sergey Valerjevich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
PEDAGOGICAL BASES OF THE PROCESS OF FORMATION OF PROFESSIONAL COMPETENCE OF THE EMPLOYEES OF THE PS DURING TACTICAL AND SPECIAL TRAINING
The article discusses the need to improve pedagogical methods of tactical teaching and special training in departmental educational institutions of the penal system. The formation of professional competence of the tactical and special orientation of future employees of the penitentiary system is important for the smooth functioning of institutions and bodies in conditions of complexity of the operational situation and the emergence of threats of an emergency nature.
The paper systematizes pedagogical experience and presents methods for improving the efficiency of students’ assimilation of discipline material. It is proposed to use demonstration multimedia materials, classes on the theoretical part having the character of active discussion and conversation, practicing practical skills in conditions of heightened reality, modeling and designing an emergency situation, using real special means of active defense, individual protection, and so on.
The scientific study and understanding of the pedagogical foundations of the process of forming the professional competence of the staff of the penitentiary system during tactical and special training and the development of recommendations for improving the course are of key importance for the successful functioning of the entire penitentiary system and the protection of the employee’s identity from encroachments by the special agent.
Keywords: tactical and special training, teaching methods, pedagogical foundations, professional competence, practical and theoretical classes, individual work, self-education.
Bibliographic list of articles
1. On approval of the Manual on the organization of professional training for employees of the penal system: order of the Ministry of Justice of Russia dated August 27, 2012 No. 169 // Bulletin of normative acts of federal executive authorities. – 2012. – No. 41.
2. On institutions and bodies executing criminal penalties in the form of imprisonment: Law of the Russian Federation of July 21, 1993 No. 5473-I (as amended by Federal Law of December 29, 2022 No. 590-FZ) // Russian newspaper. – January 9. – 2023.
EDAGOGY AND LAW
FOMINA Darya Sergeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
EGOROVA Olga Igorevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
GLADILOVA Elena Alexeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
THE DEVELOPMENT OF TEACHER EDUCATION IN THE ERA OF DIGITALIZATION
Digital technologies have an impact on all areas of social life. The field of education is no exception. The introduction of digital technologies into the educational process has a significant impact on the development of new ways, methods of organizing and optimizing the educational process. This paper examines the stages of development of teacher education in the era of digitalization. Reveals its effectiveness, problematic issues and ways to solve them.
Keywords: pedagogical education, digitalization, digital educational environment, educational process, information and communication technologies.
Bibliographic list of articles
1. Abdrakhmanova G.I., Vasilkovsky S.A., Vishnevsky K.O. et al. Digital economy: 2022: a brief statistical collection. – M.: National Research University “Higher School of Economics”, 2022. – 124 p.
2. Bermus A. G. Current problems of pedagogical education in the era of digital transformation: theoretical review // Pedagogy. Questions of theory and practice Pedagogy. Theory & Practice. 2022. Issue 1. Volume 7. pp. 1-10. Issue 1. Volume 7. P. 1-10.
3. Research of the Russian market of online education and educational technologies. [Electronic resource]. – Access mode: https://edmarket.digital/ (access date: 11/30/2023).
4. The concept and essence of digitalization of the education system. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-suschnost-tsifrovizatsii-sistemy-obrazovaniya (Date of access: 12/01/2023).
5. Spherum. [Electronic resource]. Access mode: https://sferum.ru/?p=start (Access date: 12/01/2023).
6. Digitalization of education in Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru/a/144216 (Access date: 12/03/2023).
7. Digital technologies in education: how modern tools help teachers. [Electronic resource]. – Access mode: https://ioe.hse.ru/digitalineducation (Access date: 12/01/2023).
SPORTS LAW
ASADULLIN Murad Rinatovich
Ph.D. in Law, associate professor of Political science and public relations sub-faculty of the Ufa University of Science and Technology
THEORETICAL ASPECTS OF THE LEGAL FORM OF SPORTS ORGANIZATIONS
The article is devoted to the analysis of general theoretical aspects of building legal entities and their importance for the formation of a system of sports organizations. The author draws attention to the fact that in order to build a system of sports organizations, as well as its effective meaningful use, it is important to rely on the following criteria: a) whether the organization is a legal entity; b) whether it belongs to commercial or non-commercial; c) whether it is a corporation (i.e. whether there is a membership relationship). Non-profit organizations play a special role in the field of sports, the basic rules of which the author pays special attention to. Having studied the criteria for building a system of legal entities, it is concluded that it is important that the composition of the rights and obligations of participants in the relevant corporation be coordinated with the norms of the basic Article 65.2. of the Civil Code of the Russian Federation, which contains a universal list of the rights of participants in any corporation.
Keywords: sport, sports organization, legal entity, organizational and legal form, non-profit organization, corporation.
Bibliographic list of articles
1. Demieva A.G. Civil code as the basis of active economic activity / A.G. Demieva // Exjure. – 2020. – No. 2. – pp. 43-52.
2. Concept of development of civil legislation. – M.: Statute, 2009.
3. Serova O. A. Theoretical, methodological and practical problems of classification of legal entities of modern civil law in Russia: abstract. dis. … doc. legal Sci. – M., 2011. – 67 p.
4. Willems J. H. Expert opinion on the draft chapter four of the Civil Code of the Russian Federation // Bulletin of Civil Law. – 2011. – No. 2. – P. 255-268.
5. Leskova Yu. G. Reforming the institution of a legal entity: issues of applying the rules of the Civil Code of the Russian Federation // Current issues of entrepreneurial and corporate law in Russia and abroad (April 22, 2016). – M.: Justitsinform, 2015. – P. 22-24.
STATE AND LAW
DOVBYSH Saveliy Alexeevich
student of the School of Law of the Far Eastern Federal University, Vladivostok
ZORINA Polina Andreevna
student of the School of Law of the Far Eastern Federal University, Vladivostok
ELECTRONIC JUSTICE IN THE RUSSIAN FEDERATION: HISTORY OF FOUNDATION AND PROSPECTS FOR DEVELOPMENT
The article is devoted to the research of the historical aspect of the development and further improvement of e-justice in the Russian Federation. The authors review the information systems functioning in Russia at the moment in this area. In conclusion, the most actual problems related to the implementation of e-justice in the Russian Federation are formulated. The authors conclude that it is possible to introduce artificial intelligence as an element of e-justice in the process of judicial process as soon as possible.
Keywords: e-justice, information system, the Internet, court.
Bibliographic list of articles
1. Order of the Judicial Department at the Supreme Court of the Russian Federation dated November 26, 2015 No. “On approval of the List of basic concepts and terms used in the regulatory legal acts of the Judicial Department, regulating the use of information and telecommunication technologies in the activities of courts, departments of the Judicial Department in the constituent entities of the Russian Federation and institutions Judicial Department.”
2. Electronic justice: historical and modern aspects of the formation of the regulatory framework (Koscheev N.K.) (“State power and local self-government”, 2023, No. 6).
3. Order of the Judicial Department at the Supreme Court RF dated 03.12.2010 No. 270 “On amendments to the Instructions for judicial records management in the district court.”
4. “Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 28, 2016 No. 252” (as amended on February 20, 2018) “On approval of the Procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document.”< br /> 5. “Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 27, 2016 No. 251 (as amended on November 17, 2021) “On approval of the Procedure for submitting documents to federal courts of general jurisdiction in electronic form, including in the form of an electronic document.””< br /> 6. “The procedure for submitting documents to the Supreme Court of the Russian Federation in electronic form, including in the form of an electronic document” (as amended as of March 20, 2023).
7. “Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 28, 2016 No. 252 (as amended on February 20, 2018) “On approval of the Procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document” (together with “The procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document”).”
8. Introduction of a new software package // Judicial site of the magistrate within the administrative-territorial boundaries of the Sakmarsky district. [Electronic resource]. – Access mode: https://sak.kodms.ru/news/vnedrenie-novogo-programmnogo-kompleksa (date of access: 01/01/2024).
9. Computers will soon replace judges // VESTI.RU [Electronic resource]. – Access mode: https://www.vesti.ru/hitech/article/619618 (date of access: 01/01/2024).
STATE AND LAW
ILIKEEVA Yulia Aidarovna
Associate Professor of the Department of Russian History, Historiography and Source Studies at the Institute of History and Public Administration of the Ufa University of Science and Technology
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
FAYZULLIN Alfred Rafisovich
Master’s student at the Institute of History and Public Administration of the Ufa University of Science and Technology
STATE AND MUNICIPAL MANAGEMENT OF SUSTAINABLE DEVELOPMENT OF THE REGION
The relevance of the study is determined by the fact that at the moment for the Russian Federation, issues related to the management and development of regions play a decisive role in the sustainability of the national economy. The object of research is the national economy. The subject of the study is the sustainable development of regions from the perspective of the management function. The purpose of the study is to consider the substantive aspects of sustainable development of regions. The article reveals that the development of individual regions strongly depends on socio-economic, natural-climatic and cultural-historical conditions. Changes in the economic and social environment, as well as in the structure of Russian society, have led to the fact that many problems that previously stood at the federal level have now moved to the subjective level of the regions. The result of the structural reform of power has been the emergence of a large number of regions that cannot fully use their economic potential, therefore it is necessary to overcome the barriers that prevent the reproduction of depressive processes and develop a management strategy that will make the development of the regions more sustainable and of higher quality.
Keywords: sustainable development, national economy, development strategy, target indicators, quality of life.
Bibliographic list of articles
1. Shibaeva N. A. Program-targeted Management of sustainable development of the water management complex of the region / N. A. Shibaeva, U. A. Parfenenko // Economic development of the region: management, innovation, personnel training. – 2022. – No. 9. – P. 128-132. – EDN FHYWCB.
2. Zhamalov T. I. Management of sustainable development of the biotechnological complex of the region in the system of world-class scientific and educational centers / T. I. Zhamalov, I. R. Khastsaev // Current problems and prospects for economic development: Russian and foreign experience. – 2023. – No. 2 (44). – pp. 38-43. – EDN ENODUB.
3. Konovalenkov S.V. Management of sustainable development of the region in the digital economy / S.V. Konovalenkov // Management of sustainable development. – 2020. – No. 6 (31). – P. 14-22. – EDN PERHXF.
4. Assessing the social and budgetary effect when implementing investment projects of costly type in construction / V. A. Khairullin, E. R. Akhundov, D. V. Kuznetsov, V. N. Zentsov. – Kazan: Limited Liability Company “Buk”, 2021. – 226 p. – ISBN 978-5-00118-689-2. – EDN UJFIKO.
STATE AND LAW
LEE Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
BAKHTINA Victoria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
NAGAI Kira Alexandrovna
student of the Far Eastern Federal University, Vladivostok
GROMCHEVSKAYA Karina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
MICHUROVA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
THE INTERACTION OF GLOBALIZATION AND LOCALIZATION: CURRENT TRENDS AND THEIR IMPACT ON SOCIETY
This article provides a comprehensive analysis of the impact of globalization on various aspects of modern society, focusing on economic, cultural, social and environmental aspects. Exploring the works of famous sociologists, including Ulrich Beck, Zygmunt Bauman and Anthony Giddens, the article highlights the topic of glocalization – the fusion of global and local processes. Special attention is paid to how global processes transform everyday life, while the purpose of the article is to provide a comprehensive analysis of the impact of globalization on the development of modern society.
Keywords: socio-cultural transformations, global-local interaction, economic trends, environmental challenges, risk society, cosmopolitan processes, modern social dynamics.
Bibliographic list of articles
1. Giddens A. Runaway world: How globalization is reshaping our lives. – London: Profile, 1998.
2. Beck U. “Living in the world risk society” // Economy and Society Vol. – 2006. – R. 329-345.
3. Khokhlova, A. “Liquid” everyday life: transformation of cultural practices under globalization conditions. St. Petersburg University // Sociology. – 2013. – No. 1. – R. 95-102.
4. Habibul Haque Khondker, “Glocalization as Globalization: Evolution of a Sociological Concept” // Bangladesh e-Journal of Sociology. – 2004. – Vol. 1. – No. 2. – July.
5. Castells, M. The Rise of the Network Society. – Oxford: Blackwell Publishers, 1996.
6. Sorokin P. A. and Merton R. K. “Social Time: A Methodological and Functional Analysis” // The American Journal of Sociology. – 1937. – Vol. 42. – No. 5. – R. 615-629.
STATE AND LAW
TSELISHCHEVA Tatyana Andreevna
student of the Far Eastern Federal University, Vladivostok
MAGZYANOV Vladislav Petrovich
magister student of the Far Eastern Federal University, Vladivostok
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University, Vladivostok
BOTVINKO Diana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
DOVGUSHEVA Anna Vladimirovna
student of the Far Eastern Federal University, Vladivostok
THE TRANSFORMATION OF CIVIL SOCIETY IN MODERN RUSSIA: DYNAMICS, PROBLEMS AND DEVELOPMENT STRATEGIES
This article provides an in-depth analysis of the evolution of civil society in Russia, with an emphasis on the growing role of public associations. The study is based on sociological data, reflecting the perception and participation of citizens in the activities of these organizations. The key factors shaping civic engagement, as well as the relationship between the public and government agencies, are considered. The article identifies current problems and suggests strategies to strengthen interaction between citizens and government agencies, as well as to increase legal literacy and public activism.
Keywords: evolution of civil society, public associations, social activity, state-public relations, legal awareness.
Bibliographic list of articles
1. Rastimeshina T.V., Antonov F.S. Formation and development of civil society institutions and their interaction with the state // Economic and social-humanitarian studies. – No. 1. – P. 168-180.
2. Interaction between civil society and the state in Russia: legal dimension / Ed. O. I. Tsybulevskaya. – Saratov: Volga Region Institute of Management named after. P. A. Stolypina, 2013. – 404 p.
3. Gavrilenko V.I. On the issue of the concept and essence of civil society: constitutional and legal aspect // Bulletin of the Saratov State Law Academy. – 2013. – No. 4. – P. 139-145.
4. Zyryanov S. G., Lukin A. N. Civil society in modern Russia: main scenarios of formation and development // Society and power. – 2016. – No. 3. – P. 7-16.
5. Putnam R. D. “Making Democracy Work: Civic Traditions in Modern Italy.” – Princeton University Press, 1993. – 280 pp.
6. Keane, J. “Civil Society: Old Images, New Visions.” // Stanford University Press. – 1998. – 224 p.
STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint-Petersburg
NECESSITY OF THE EXISTENCE OF IDEOLOGY IN THE MODERN RUSSIAN STATE
This article provides discussion questions about the need for ideology of modern Russia and real problems of modern Russian ideology; substantiates the importance of ideology for modern Russia; identifies the sources of the new ideology of the Russian Federation; characterizes the ideology that our country needs; shows that Russian ideology should take into account domestic and world experience in order to count on long-term, sustainable and successful development; indicates what aspects can be used as a state ideology; emphasis is placed on the fact that ideology cannot repeat the content errors of the past, nor can it absolutely break with civilizational identity; tasks and theses for the implementation of a new Russian ideology are defined and a formula for ideology is given; key features of the ideology necessary for Russia are outlined; conclusions are drawn that modern ideology should include positive aspects that existed in all previous eras, ideology for Russia should become the ideology of the entire Russian world, integrating the ideology of the national and international ideology.
Keywords: Russian ideology, civilizational identity, sovereignty, patriotism, ideologems, community, identity, Russian world.
Bibliographic list of articles
1. Brzezinski Z. Choice: world domination or global leadership / Transl. from English: E. A. Narochnitskaya, Yu. N. Kobyakov]. – M.: International Relations, 2010. 262 p.
2. Dronov V. T. On the new Russian ideology: pros and cons // News of the Russian State Pedagogical University. – 2010. – No. 137. – P. 144-151.
3. Isaev A.V., Drabkin A.V. The Great Patriotic War 1941-1945. – M.: Yauza, 2023. – 704 p.
POLICY AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Sankt-Petersburg
RUSSIAN POLITICAL ELITE: SOME ASPECTS OF DEVELOPMENT
This article explores the structural changes of political elites. It is indicated that the scientific literature offers a large number of classifications of political elites, and also new terminology appears to designate its individual elements and structural levels. Approaches to solving this problem are analyzed, which makes it possible to reveal the structure of the political elite and introduce specifics into the terminological apparatus of elitology.
The distinctive features of the political elite are indicated: independence; high social status; a significant amount of government power and information; participation in the exercise of power; organizational skills and talent, cohesion, awareness of the interests of the group, a developed network of informal communication, etc.
It is concluded that the political elite of each society in a given period is a community of people differing in personnel, functional affiliation and formal rights. As a consequence, it is impossible to understand the composition of a country’s political elite without studying its institutional structure.
Keywords: political elites, elite features, society, modernity, head of state, environment, democratic state.
Bibliographic list of articles
1. Davidenko A. B. The essence and typology of the political elites of Russia // Student Bulletin. – 2020. – No. 20-7 (118). – pp. 26-27.
2. Zvenyeva A. Blue elite of Russia. – M.: Algorithm, 2017. – 240 p.
3. Kislitsyn S. A. Counter-lites, oppositions and fronts in the political history of Russia. – Moscow: Gostekhizdat, 2015. – 103 p.
4. Kolyadin A. M. Political elite: concept and essence // Legal field of modern economics. – 2016. – No. 7. – P. 45-53.
5. Krasnolutsky G.N. Political alternative to Russia: elitism or elitism? // Management consulting. – 2011. – No. 1. – P. 89-99.
6. Kryshtanovskaya O. V. Anatomy of the Russian elite. – M., 2004. – P. 85-87.
7. Okhotnikov M.A. Transformation and features of political elites in modern Russia // In the collection: Systemic transformation – the basis of sustainable ininnovative development, Collection of articles of the International Scientific and Practical Conference. – Ufa, 2021. – pp. 365-367.
8. Petukhov V. Participatory democracy and political transformation of Russia. – M.: Academia, 2014. – 176 p.
9. Radaev V.V., Shkaratan O.I. Social stratification. – M., 2016. – 368 p.
10. Sklyarova E. A. Origins of the formation of the Western European political elite. // State and municipal management. Scientific notes. SKAGS. – 2020. – No. 1. – P. 220-224.
11. Smirnov G. N. Political science in questions and answers. – M.: Prospekt, 2016. – 288 p.
12. Solovyov A.I. Political science: political theory, political technologies. Textbook for university students. – M.: Aspect Press, 2003. – 167 p.
13. Higley D. Democracy and elites // Polity. – 2006. – No. 2. – P. 22-31.
ECONOMY. RIGHT. SOCIETY
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
HUNAFINA Elena Anatolyevna
Associate Professor of the Department of Economics and Entrepreneurship Bashkir Cooperative Institute (branch) Russian University of Cooperation
GIRFANOVA Irina Naskhetdinovna
Associate Professor of the Department of Economics and Entrepreneurship of the Bashkir Cooperative Institute (branch) Russian University of Cooperation
PLANNED AND COLLECTIVE ECONOMY WITHIN THE FRAMEWORK OF THE THEORY OF SOCIAL ECONOMICS
The relevance of the study is determined by modern problems of market approaches to the organization of economic systems within the framework of the capitalist economic system, which requires a new understanding of the principles of planning and collectivity within the framework of the social economic system. The object of the study is social economics. The subject of the study is planned and collective farming. The purpose of the study is to consider how a planned and collective economy within the framework of a social economy can act as an effective alternative to the market economic mechanism. The article discusses the historical aspects of the emergence of the social economy, centralized and decentralized planning systems. The theory of optimal functioning of the social economy is revealed. It is concluded that collectivism is an important component of the social economy and is not opposed to the development of the individual, but is its prerequisite for realizing the potential of each citizen, in contrast to the market economic mechanism.
Keywords: socialism, collectivism, centralized planning, decentralized planning, state planning.
Bibliographic list of articles
1. Blaug M. The Early Mercantilists: Thomas Mun (1571–1641), Edward Misselden (1608–1634) and Gerard de Malynes (1586–1623) // Books. – 1991.
2. Kletskina O. G. New economic policy: some aspects of modern scientific research / O. G. Kletskina // Bulletin of the Udmurt University. Series History and Philology. – 2021. – T. 31, No. 4. – P. 764-776. – DOI 10.35634/2412-9534-2021-31-4-764-776. – EDN IMYJPO.
3. Myagkova E. M. New economic policy in publications of archival documents of 1991-2021 / E. M. Myagkova, A. V. Repnikov // Vestnik VNIIDAD. – 2021. – No. 5. – P. 70-82. – EDN OTABHT.
4. Pokidchenko M. G. History of the emergence of dirigisme and the prospect of its use in Russia / M. G. Pokidchenko // Philosophy of Economics. – 2017. – No. 2 (110). – pp. 221-229. – EDN ZFBIQT.
5. Novozhilov V.V. Measuring costs and their results in the socialist economy // Application of mathematics in economic research. – 1959. – T. 1. – P. 158.
ECONOMY. RIGHT. SOCIETY
ABRAMOV Ivan Romanovich
student at the Institute of History and Public Administration of the Ufa University of Science and Technology
GIZATULLINA Venera Gabdulkhakovna
Senior Lecturer at the Department of Economic and Legal Security of the Institute of History and Public Administration of the Ufa University of Science and Technology
REDNIKOV Dmitry Valerievich
Senior Lecturer at the Department of Economic and Legal Security of the Institute of History and Public Administration of the Ufa University of Science and Technology
THE CONCEPT OF SOCIAL CAPITAL AND PLANNED ECONOMY
The relevance of this study lies in clarifying the role of social capital as one of the main elements of the process of economic development within the framework of the planned construction of an economic system. The object of research is the economic system. The subject of the study is social capital as a cost indicator of a social community. The study conincludes that economic development is a dynamic social activity that involves material and qualitative changes in the life of a community over a period of time. As part of the process of economic development, structural transformations occur that create the material basis for expanding production capabilities and increasing the productivity of the individual and society. This can be effectively implemented in a similar way to a planned economic system through increased participation in providing basic needs, both material and non-material, to ensure well-being at both the individual and social levels. However, in the Russian economy there are problems associated with the need to identify structural errors and imbalances in various economic sectors.
Keywords: collectivism, civil society, national economy, market, personal benefit.
Bibliographic list of articles
1. Lewis J. Civic tradition & planning processes: a comparative study of two resource communities in Northern Ontario: diss. – University of British Columbia, 2004.
2. Adams A. Social capital and voluntary sports clubs: investigating political contexts and policy frameworks: dis. – Loughborough University, 2009.
3. The main directions of social policy of the Russian Federation as the most important elements of civil law protection of Russian society: achievements and problems / Yu. G. Novichkova, P. A. Ananyin, V. A. Grunina, I. A. Novichkov // Agrarian and Land right. – 2023. – No. 2 (218). – pp. 74-77. – DOI 10.47643/1815-1329_2023_2_74. – EDN ZMOLDF.
4. Sánchez-García E. et al. Cognitive social capital for knowledge absorption in specialized environments: The path to innovation // Heliyon. – 2023. – T. 9. – No. 3.
5. Ravochkin N. N. Socioeconomics and social capital as a subject of philosophical debate / N. N. Ravochkin, R. Z. Mudarisov, N. Kh. Kashaev // Discussion. – 2023. – No. 3 (118). – P. 6-19. – DOI 10.46320/2077-7639-2023-3-118-6-19. – EDN BHZOLK.
ECONOMY. RIGHT. SOCIETY
BARLYBAEV Ural Adigamovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Ufa University of Science and Technology
MUSIN Ural Ramazanovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Ufa University of Science and Technology
NUSRATULLIN Ilmir Vilovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Ufa University of Science and Technology
CREATIVE INDUSTRIES IN THE REGION
The article presents the results of an analysis of the dynamics of the creative economy in the Republic of Bashkortostan. The interest in analyzing the creative industries at the regional level is caused by its state and the growth potential of this sector of the economy, and what trends will be observed there in the coming years. An important limitation in the quantitative assessment of creative industries at the level of a constituent entity of the Russian Federation is determined by the lack of a developed methodological framework for conducting an appropriate analysis of this sector of the regional economy. In this regard, the study used an industry approach to determine the “potential” contribution of creative industries to the socio-economic development of the region. The study revealed that this area has the potential to provide a fairly significant contribution to the socio-economic development of the region. In the Republic of Bashkortostan, an appropriate contribution to socio-economic development can be provided by organizations engaged in professional, scientific and technical activities.
Keywords: creative economy, creative industry, region.
Bibliographic list of articles
1. Gambeeva Yu. N., Smey V. M. The role of creative industries in the socio-economic development of the territory // Bulletin of the Chelyabinsk State University. – 2021. – No. 6 (452). – pp. 89-96.
2. Zalevskaya M. A., Mordanov M. A. State and prospects for the development of creative industries: the experience of Yugra // STAGE: economic theory, analysis, practice. – 2022. – No. 1. – P. 77-91.
3. Koroleva I. B., Sokolova I. L. Creative industries in Russia and the world: state, trends and problems of development management // Baikal Research Journal. – 2022. – T. 13. – No. 3.
4. Development of creative industries in Russia: key indicators / Scientific digest. – No. 1. – [Electronic resource]. – Access mode: https://www.hse.ru/data/2021/08/05/1425538088/Human_Capital_NCMU_Digest_1_Creative_Industries_2021.pdf.
5. Republic of Bashkortostan: statistical reference book. Territorial body of the Federal State Servicestatistics for the Republic of Bashkortostan. – Ufa, May 2023 – [Electronic resource]. – Access mode: https://02.rosstat.gov.ru/.
6. Smirnov S. N., Nikolaenko E. A. Statistics of the creative economy in Russia // Economic and social problems of Russia. – 2022. – No. 4 (52). – pp. 61-76.
7. Shkarina V.S. Features of the development of creative industries in modern economic policy // Public Administration. Electronic newsletter. – 2022. – No. 94. – P. 133-144.
ECONOMY. RIGHT. SOCIETY
GAMILOVA Dilyara Agelamovna
Ph.D. in economical sciences, associate professor, Head of the Ufa High School of Economics and Management of the Ufa State Technical Petroleum University
ILJINA Larisa Aidarovna
Ph.D. in economical sciences, associate professor, professor of Accounting, analysis and economic security sub-faculty of the Samara Economic State University
KARAVAEV Arseniy Alexandrovich
postgraduate student of Accounting, analysis and economic security sub-faculty of the Samara Economic State University
FEATURES OF THE IMPLEMENTATION OF DIGITAL TRANSFORMATION STRATEGIES
The article describes the main types of digital technologies in relation to the resulting effects, describes trends in the implementation of digital transformation strategies in the oil and gas sector, and briefly provides an overview of the current state of companies in terms of ensuring competitiveness through digital solutions.
Keywords: digital transformation, oil and gas complex, smart field.
Bibliographic list of articles
1. Ten indicators included in the assessment of the “digital maturity” of the Industry industry [Ministry of Digital Development of Russia, 2020b].
2. National program “Digital Economy of the Russian Federation”, federal projects “Regulatory Regulation of the Digital Environment” and “Digital Technologies” [Presidium of the Council under the President of the Russian Federation, 2019].
3. Departmental project “Digital Industry” (project) [Ministry of Industry and Trade of Russia, 2020].
4. Action plan (“road map”) “Technet 4.0” (advanced production technologies) of the National Technology Initiative [Presidium of the Council under the President of the Russian Federation, 2017; IWG under the Government Commission, 2021].
5. Digital transformation of industries: starting conditions and priorities: report. to XXII April international scientific conf. on Problems of Economic and Social Development, Moscow, April 13–30. 2021 / G. I. Abdrakhmanova, K. B. Bykhovsky, N. N. et al.; National research University “Higher School of Economics”. – M.: Publishing house. House of the Higher School of Economics, 2021. – 239, [1] p. – ISBN 978-5-7598-2510-4 (in the region). – ISBN 978-5-7598-2270-7 (e-book).
6. Gazprom Neft (2021b). Gazprom Neft Scientific and Technical Cluster in St. Petersburg (date of access: 03/10/2021).
ECONOMY. RIGHT. SOCIETY
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
URAZOVA Laysan Uralovna
assistant at the Department of Public Administration, Institute of History and Public Administration, Ufa University of Science and Technology
REDNIKOV Dmitriy Valerjevich
senior lecturer of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
ECONOMIC GROWTH AND ECONOMIC DEVELOPMENT: THE UNITY OF CONTRADICTIONS
The state of the national economy is characterized, first of all, by economic growth, which, for all its advantages, may not ensure economic development. The object of research is the national economy. The subject of the study is economic growth and economic development as the state of the national economy. The purpose of the study is that the article attempts to theoretically analyze the similarities and differences between economic growth and economic development to determine the possibilities for real growth of the national economy. The article argues that economic growth is determined by a quantitative measure, while economic development covers a broader aspect of the economy, which takes into account not only an increase in production, but also an improvement in the standard of living of citizens. Economic development focuses on socio-economic factors, while a simple quantitative increase in production is less significant, thereby confirming the contradictory relationship between economic growth and economic development.
Keywords:economic growth, economic development, national economy, quantitative indicator, qualitative indicator.
Bibliographic list of articles
1. Kopanev M. Yu. Economic growth and development / M. Yu. Kopanev // World Science. – 2019. – No. 4 (25). – pp. 333-335.
2. Dadashev A. Z. ECONOMIC GROWTH AND ECONOMIC DEVELOPMENT / A. Z. Dadashev // Economics and management: problems, solutions. – 2017. – T. 2, No. 1. – P. 3-5.
3. Andreeva E. G. Economic growth. Models of economic growth / E. G. Andreeva, A. N. Sukhova // Omsk Scientific Bulletin. – 2011. – No. 6 (102). – pp. 46-50.
ECONOMY. RIGHT. SOCIETY
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, Taganrog
THE ROLE OF TRADE ASSOCIATIONS IN INCREASING THE COMPETITIVENESS OF THE EDUCATION SYSTEM AND DEVELOPING THE EXPORT OF EDUCATIONAL SERVICES
Trade unions and associations traditionally act as an important catalyst for increasing the economic sustainability of participating countries and play a major role in the implementation of multilateral cooperation, including in terms of expanding the export of educational services and increasing the competitive advantages of the education system, both of individual participants and within the association. This study, using the example of such unions and associations as BRICS, CIS, EAEU and the Russia-Africa format, examines the main elements of the development of education and increasing the export of educational services that can be implemented within trade associations: providing conditions for the free movement of students and teachers between countries -participants of associations and unions; increasing the quality of education and unifying its results through the development of uniform standards, evaluation criteria and exchange of information on best practices; development of the infrastructure of educational institutions and financing of programs for the export of educational services; expanding the geography of distribution of educational services, creating favorable conditions for educational organizations.
Keywords: trade unions and associations, export of educational services, world economy, cooperation in the field of education and science.
Bibliographic list of articles
1. Pavlov P.V., Zashchitina E.K., Karagodin A.V. Ways and tools for restructuring the Russian economy through development institutions: monograph; South Federal University. – Rostov-on-Don; Taganrog: Southern Federal University Publishing House, 2020. – 267 pp.
2. How will the weight of BRICS increase in the global economy after expansion / RBC Information Portal. [Electronic resource]. – Access mode: https://www.rbc.ru/economics/25/08/2023/64e76eff9a794732ef6cee82?from=copy.
3. BRICS and education: collaborationdevelopment in the field of science and education / International network TV BRICS. [Electronic resource]. – Access mode: https://tvbrics.com/news/brics-i-obrazovanie-sotrudnichestvo-v-sfere-nauki-i-obrazovaniya/.
4. BRICS network university. [Electronic resource]. – Access mode: http://nu-brics.ru.
5. Alekseenko O.A. BRICS Network University and its role in building a new architecture of multilateral interaction in the field of education and science // ALMA MATER (Bulletin of Higher School). – 2017. – No. 9. – P.38-42.
6. Agreement Boosts Academic Mobility Across BRICS Borders // BRICS information portal. [Electronic resource]. – Access mode: http://infobrics.org/post/39418.
7. Krasnova G. State and prospects of multilateral scientific cooperation within the BRICS // Portal of the Russian Council on International Affairs. [Electronic resource]. – Access mode: https://russiancouncil. ru/analytics-and-comments/analytics/sostoyanie-i-perspektivy-mnogostoronnego-nauchnogo-sotrudnichestva-v-ramkakh-briks/?sphrase_id=109038393.
8. Levchenko A. Is Eurasian integration possible in the field of education // Russian Council on International Affairs Portal. [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments /analytics/vozmozhna-li-evraziyskaya-integratsiya-v-sfere-obrazovaniya/.
9. Decision of the Supreme Eurasian Economic Council of December 11, 2020 “On strategic directions for the development of Eurasian economic integration until 2025” // Eurasian Economic Commission. [Electronic resource]. – Access mode: https://eec.eaeunion.org/comis sion/department/dep_razv_integr/strategicheskie-napravleniya-razvitiya.php.
10. Eurasian Network University. [Electronic resource]. – Access mode: https://esuniversity.org.
11. Information on cooperation between the CIS member states in the field of education // Executive Committee of the Commonwealth of Independent States. [Electronic resource]. – Access mode: https://cis.minsk.by/page/6870.
ECONOMY. RIGHT. SOCIETY
KORYAGINA Albina Rafikovna
postgraduate student of the 2nd year of study of the Kazan Cooperative Institute – branch of the Russian University of Cooperation
STRELKOVA Olga Vladimirovna
founder of the marketing agency Business Marketing LLC, Moscow
MARKETING TOOLS FOR ASSESSING EXTERNAL IMPACT ON THE DEVELOPMENT OF TOURIST AREAS
The article examines the possibilities of using marketing tools for assessing external impacts on the development of tourist areas. The role of the tourism and recreational industry in the regions of the North Caucasian Federal District is determined. The results of PEST analysis as a marketing tool for assessing the degree of impact of government regulation of the tourism industry on priority cluster initiatives in the region are presented. The characteristics of the key political, economic, social and technological factors influencing the development of tourist territories of the North Caucasus Federal District are given. Potential ways to level out the external impact of established factors on the development of tourist areas of the North Caucasus Federal District are proposed.
Keywords: PEST analysis, cluster initiatives, marketing tools, development, tourist areas.
Bibliographic list of articles
1. Report “On the development of tourism in the Russian Federation” // Association of Tour Operators. [Electronic resource]. – Access mode: https://www.atorus.ru/node/49927 (access date: 12/11/2023).
2. Unified Federal Register of Travel Agents, Subagents // Ministry of Economic Development of the Russian Federation. [Electronic resource]. – Access mode: https://tourism.gov.ru/agents/ (access date: 12/11/2023).
3. Zaytsev A.G., Spasskaya N.V., Takmakova E.V. The influence of the institutional environment of marketing activities on investments and consumption // Management accounting. – 2017. – No. 4. – P.92-97.
4. Mashegov P. N., Zaitsev A. G., Lebedev M. A. Strategies for the formation of elements of innovative entrepreneurial ecosystems (on the example of engineering support for small innovative enterprises) // Central Russian Bulletin of Social Sciences. – 2016. – T. 11. No. 5. – P. 180-186.
5. Rzaeva R. E., Kulakova L. I. Digital development of the tourism sector // European science. – 2019. – No. 7 (49). – pp. 31-35.
6. Russian Union of Tourism Industry. [Electronic resource]. – Access mode: https://rostourunion.ru/ (access date: 12/11/2023).
7. Federal Law “On Amendments to the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation” dated March 24, 2021 No. 48-FZ (latest edition) // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_380345/ (access date: 12/11/2023).
ECONOMY. LAW. SOCIETY
KUZNETSOV Mikhail Yurjevich
Head of the Department of Residency and Postgraduate Studies at the Scientific Research Institute of Health Organization and Medical Management at the Moscow Department of Health
THE DIGITAL FUTURE OF THE EMPLOYMENT SERVICE
The article discusses the problems of introducing digital technologies in the activities of the employment service. Modern employment services cannot but participate in the global trends of digitalization, and their activities are becoming more technologized. The paper, with reference to a study by the International Labor Organization, shows the types of technologies used to facilitate the provision of services, including traditional telephone and digital call centers for registration and access to information, web applications and online job portals for job selection , as well as social networks such as Facebook and Instagram. It is noted what advantages digital services bring in terms of increasing the efficiency of the employment service within a wide range of its services for the population.
Keywords: unemployed, employment service, training, employment promotion.
Bibliographic list of articles
1. Kuznetsov M. Yu., Ananchenkova P. I. Educational support for women on maternity leave // Labor and social relations. – 2017. – T. 28. – No. 2. – P. 104-115.
2. Popova S. S., Boyko S. A., Gokhshtand E. V., Nedrov A. A., Shevchuk A. R. Digitalization of the employment service // Public Administration. Electronic newsletter. – 2021. – No. 86. – P. 264-283.
3. Sokolov O. S., Kuznetsov M. Yu. Digital services for the unemployed – a new form of employment services (using the example of the “Russia Work” platform) // Labor and Social Relations. – 2023. – T. 34. – No. 1. – P. 54-64.
4. ILO. The Future of Work in the Digital Economy, paper prepared for the Employment Working Group under the 2020 Russian presidency of the BRICS (Geneva). 2020.
5. United Nations. 2020, Report of the UN Economist Network for the UN 75th Anniversary Shaping the Trends of Our Time. [Electronic resource]. – Available at: www.un.org/development/desa/publications/report-of-the-un-economist-network-for-the-un75th-anniversary-shaping-the-trends-of-our-time.html.
ECONOMY. RIGHT. SOCIETY
MASHEGOV Petr Nikolaevich
Ph.D. in economical sciences, professor, professor of V. V. Dick Information management and information and communication technologies sub-faculty of the Moscow University of Finance and Industry “Synergy”
KORYAGIN Vladimir Vladimirovich
postgraduate student of the Moscow University of Finance and Industry “Synergy”
FORMALIZATION OF CRITERIA FOR THE LEVEL OF LOCALIZATION WHEN SELECTING IMPORT SUBSTITUTION PROJECTS
When conducting tenders for state financing, participation in the implementation of state targeted programs providing for various types of preferences, the problem arises of finding a compromise between the desire for maximum localization of production and the possibility of meeting the current needs of the domestic market. The article presents a variant of formalization of localization criteria level aimed at solving this problem. The calculations were performed using the example of import substitution of hemodialysis products.
Keywords: import substitution, localization of production, government regulation.
Bibliographic list of articles
1. Isaeva E. V. Assessing the potential for import substitution of domestic industries and the principle of selecting projects for import substitution // Economic Sciences. – 2018. – No. 169. – P. 58-60.
2. Mashegov P. N., Zaitsev A. G., Lebedev M. A. Strategies for the formation of elements of innovative entrepreneurial ecosystems (on the example of engineering support for small innovative enterprises) // Central Russian Bulletin of Social Sciences. – 2016. – No. 5. – P. 180-186.
3. Zaitsev A.G. Formation of an effective regional marketing system based on the methodology of institutional theory. – Orel, 2010. – 193 pp.
4. Report on the results of the expert analytical event “Monitoring the development of the public and corporate procurement system in the Russian Federation for 2020” (approved by the Board of the Accounts Chamber of the Russian Federation on June 22, 2021 – [Electronic resource]. – Access mode: https:// ach.gov.ru/upload/iblock/123/442w02xo0vq4unq199jwxnr9mpow972c.pdf.
5. Decree of the Government of the Russian Federation dated March 31, 2018 No. 392 “On approval of the Rules for assessing efficiency, features of determining the targeted nature of the use of budget funds aimed at state support of innovation activities, as well as funds from extra-budgetarysources, the return of which is ensured by state guarantees, and the criteria used in carrying out such an assessment.” – [Electronic resource]. – Access mode: http://static.government.ru/media/files/juAraHhQ13voSAhA7cKpmKm1KN2SRg21.pdf.
6. The Ministry of Industry and Trade has determined the priorities of state support in import substitution. – [Electronic resource]. – Access mode: https://opora.ru/news/media-about-us/minpromtorg-opredelil-prioritety-gospodderzhki-v-importozameshchenii/
7. Fund standard, conditions and procedure for selecting projects for financing under the “import substitution” program. Edition 1.0. No. FRPCHORS-006. Chelyabinsk, 2022. – [Electronic resource]. – Access mode: http://frp74.ru/about/files/%D0%A1%D1%82%D0%B0%D0%BD%D0%B4%D0%B0%D1%80%D1%82%20 %D0%A4%D0%BE%D0%BD%D0%B4%D0%B0%20%D0%98%D0%9C%D0%9F%D0%9E%D0%A0%D0%A2%D0%9E %D0%97%D0%90%D0%9C%D0%95%D0%A9%D0%95%D0%9D%D0%98%D0%95.pdf.
8. Analysis of the market for equipment and consumables for hemodialysis equipment in Russia. Analytical report DISCOVERY RESEARCH GROUP. – [Electronic resource]. – Access mode: https://drgroup.ru/535-analiz-rynka-oborudovanija-dlja-gemodializa-v-rossii.html.
9. We do not have import substitution in this area. Dialysis networks – about what awaits the industry and patients. – [Electronic resource]. – Access mode: https://vademec.ru/news/2022/03/04/importozameshcheniya-v-etoy-sfere-u-nas-net-uchastniki-rynka-uslug-dializa-o-tom-chto-zhdet- industry/
10. Bazikov A. A., Zaitsev A. G., Sinyakov D. A., Bazikova V. L. Market economics: theory and practice. – Orel, 2006. – 225 p.
ECONOMY. RIGHT. SOCIETY
NOVICHENKO Anton Igorevich
Ph.D. in technical sciences, associate professor of Technical service of machines and equipment sub-faculty of the Russian State Agrarian University – K. A. Timiryazev Moscow Agricultural Academy
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF DIGITAL ECONOMY FORMATION
The article addresses the pressing issue of the need to develop information security in the context of the emergence of a new economic order. In the context of these changes, the importance of supporting and developing the domestic information security market, as well as the formation of a sustainable digital environment, is discussed in detail. Taking into account the constant updating of information technologies, the digital economy becomes an integral component of the new economic order. As a result, the main problem arises, which is related to ensuring the security of information within this concept.
Keywords: legislation, digital economy, information security, new economic order, artificial intelligence.
Bibliographic list of articles
1. Kharchenko A. A., Konyukhov V. Yu. Digital economy as the economy of the future // Youth Bulletin of ISTU. 2017. No. 3. P. 17.
2. Nazarova O. G., Klimenko A. D. Information security during the formation of the digital economy in Russia // Economics. Sociology. Right. 2020. No. 2 (18). pp. 35-41.
3. Decree of the President of the Russian Federation dated May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date 011/06/2023).
4. Order of the Government of the Russian Federation dated July 28, 2017 No. 1632-r “On approval of the Digital Economy of the Russian Federation program.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date 05/06/2023).
5. Gornostaev V.I. Increasing the efficiency of operating a fleet of machines in environmental management with the help of information expert systems: specialty 05.20.01 “Technologies and means of mechanization of agriculture”: dissertation for the degree of candidate of technical sciences. Moscow, 2018. 202 p.
6. Anisimov A. V., Gornostaev V. I., Novichenko A. I. Study of complex organizational and technological systems in the agro-industrial complex by the method of statistical tests using distributed computing // International scientific conference of young scientists and specialists, dedicated to the 100th anniversary of I.S. Shatilova: Collection of articles, Moscow, June 06–07, 2017. – Moscow: Russian State Agrarian University – Moscow Agricultural Academy named after. K.A. Timiryazeva, 2017. – pp. 317-318.
7. Novichenko A. I., Gornostaev V. I. Solving problems of optimizing the fleet of machines and technological equipment of the agro-industrial complex using multi-agent approach technologies // TSHA Reports: Collection of articles, Moscow, January 01 – 31, 2015. Volume Issue 288, Part II. – Moscow: Russian State Agrarian University – Moscow Agricultural Academy named after. K.A. Timiryazeva, 2016. – pp. 281-284.
8. Gornostaev V.I., Evgrafov V.A., Novichenko A.I. [et al.] Functional modeling of technological systems in problems of assessing the effectiveness of mechanized processes in environmental management // Scientific Review. – 2016. – No. 24. – P. 85-89.
9. Lapina M. A., Bachilo I. L., Ostroushko A. V., Karpukhin D. V., Polyakova T. A. Systematization and electronic coding of functions and powers in the public administration system: monograph. – Moscow: Justice, 2016. – 208 p. – [Electronic resource]. – Access mode: https://book.ru/book/920754 (date of access: 09.13.2023). – Text: electronic.
10. “Action plan in the direction of “Regulatory Regulation” of the program “Digital Economy of the Russian Federation” (approved by the Government Commission on the use of information technologies to improve the quality of life and conditions for doing business (protocol dated December 18, 2017 No. 2)). [Electronic resource]. – Access mode: http://www.consultant.ru (access date 09/06/2023).
11. Gafner V.V. Information security: Textbook. – Rn/D: Phoenix, 2010. – 324 p.
12. “Passport of the national project “National Program “Digital Economy of the Russian Federation” (approved by the Presidium of the Council under the President of the Russian Federation for Strategic Development and National Projects, protocol dated 06/04/2019 No. 7). [Electronic resource]. – Access mode: http://www.consultant.ru (access date 09/06/2023).
13. Vinichenko M.V., Kirillov A.V., Melnichuk A.V., Makushin S.A. Problematic issues in the development of management technologies: monograph. – Moscow: Rusigns, 2017. – 279 p. – [Electronic resource]. – Access mode: https://book.ru/book/921308 (date of access: 09/06/2023). – Text: electronic.
14. Step into the future: artificial intelligence and digital economy. Revolution in management: a new digital economy or a new world of machines: materials of the II International Scientific Forum. Issue 3 / State University of Management. – Moscow: State University Publishing House, 2018. – 486 pp.
15. Silaeva V.V., Muravyova M.A., Nazarova O.G. Problems and prospects for the development of innovation policy at the national and regional levels. In the collection: Modern management style. – Cheboksary. 2016. – pp. 154-172
16. Kupriyanovsky V.P., Namiot D.E., Sinyagov S.A. Cyberphysical systems as the basis of the digital economy // International Journal of Open Information Technologies. – 2016. – T. 4. No. 2. – P. 18-25. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kiber-fizicheskie-sistemy-kak-osnova-tsifrovoy-ekonomiki (date of access: 09/14/2023). – Text: electronic.
17. Rosstandart: Standards in the field of Artificial Intelligence. – [Electronic resource]. – Access mode: https://www.rst.gov.ru/portal/gost/home/standarts/aistandarts (access date: 12/25/2023). – Text: electronic.
ECONOMY. RIGHT. SOCIETY
NURIEV Bulat Damirovich
Ph.D. in philosophical sciences, associate professor of Public and municipal administration sub-faculty of the State University of Management
END-TO-END DIGITAL TECHNOLOGIES IN THE SYSTEM OF RUSSIAN LEGISLATION: BIG DATA AND A DISTRIBUTED REGISTRY SYSTEM (BLOCKCHAIN)
The article analyzes the legislation of the Russian Federation regulating the use of the two most common types of end–to-end digital technologies – big data and blockchain. The author examines the normative legal acts adopted at the federal and regional levels. The paper emphasizes that in Russian legislation, the regulation of the use of big data and blockchain is still fragmented and non-systemic in nature, which requires special attention from specialists in the field of digital law. The author states that at the regional level, regulatory legal acts related to the use of big data and blockchain largely duplicate each other, without taking into account the peculiarities and specifics of the socio-economic development of the territory. Legal norms of different levels of government often contradict each other, thereby violating the system of delegation of authority. The author believes that the lack of a common understanding of the threats posed by digital innovations, non-compliance with the principles of consistency and balance in digital legislation, as well as the presence of discrepancies in the provisions of a number of regulatory legal acts carry serious risks to national security.
Keywords: end-to-end digital technologies, big data, blockchain, digital law, powers of public authorities, digital transformations, lawmaking.
Bibliographic list of articles
1. Smirnov E. N., Pospelov S. V., Nuriev B. D. On the issue of the influence of digital transformations on the regulation of international electronic commerce // Discussion. – 2021. – No. 4. – P.21-28
2. Pospelov S.V. Nuriev B.D. Big data in e-commerce of the European Union: problems of legal regulation // State regulation of the economy: political and economic aspects. Collection of scientific papers based on the materials of the 7th International Scientific and Practical Conference. M.: State University of Managementnia. – 2022. – P.84-89.
3. Decree of the President of the Russian Federation dated July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // https://www.consultant.ru/document/cons_doc_LAW_389271/ (date of access: December 26, 2023).
4. The concept of training teachers for the education system for the period until 2030 was approved. [Electronic resource]. – Access mode: https://www.consultant.ru/law/hotdocs/76083.html (access date: 12/26/2023).
5. Mikhailov S.V., Ponomareva N.V., Prudnikova L.B. Blockchain in the modern understanding // Philosophy of Law – 2019. – No. 1 (88). – P.60-64.
6. Anna Cristina Aguilar Viana. Digital transformation in public administration: from e-Government to digital government // International Journal of digital law. – 2021. – No. 1. – P. 29-44.
7. Development of blockchain technology in Russia in 2023 [Electronic resource]. – Access mode: https://crypto.ru/blokchain-v-rossii/ (access date: 12/26/2023).
8. Decree of the President of the Russian Federation of December 5, 2016 No. 646 “On approval of the Information Security Doctrine of the Russian Federation.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71456224/ (access date: 12/26/2023).
ECONOMY. RIGHT. SOCIETY
SAYGIN Oleg Igorevich
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
KUZNETSOVA Elena Viktorovna
Ph.D. in technical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
ORGANIZATION OF PROJECT WORK FOR THE INTEGRATED OBJECT IN A DENSE URBAN DEVELOPMENT
Designing an object that fits into dense urban development requires careful planning. In conditions of limited space and high demand for real estate, organizing design work becomes a crucial task to ensure the efficiency and functionality of the urban agglomeration. One of the significant advantages of this article is the relevance of the issues being explored. This article will present a system for organizing design work for an object integrated into dense urban development.
Keywords: Urban development, compactness, design, management, analysis.
Bibliographic list of articles
1. Sayadyan T.V., Shumeev P.A., Sheina S.G. Problems of construction of high-rise buildings in conditions of dense urban development [Text] // Current problems of technical sciences in Russia and abroad / Collection of scientific papers based on the results of international scientific and practical conferences. No. 2. Novosibirsk, 2015. P. 127.
2. Kopotilova A. S. Features of construction in conditions of dense urban development [Text] – Young scientist (International scientific journal). 2017. No. 49. Part 1. ISSN 2072-0297.
3. Sotnikov S.N., Simagin V.G., Vershinin V.P. Design and construction of foundations near existing structures [Figure]. M.: Stroyizdat 1986. P. 14.
4. Solovyova I. A., Avdeeva L. A., Khalikova M. A. [etc.]. Feasibility study and project management: textbook. Ufa: Ufa State Petroleum Technical University, 2020. 305 p. – ISBN 978-5-7831-2002-2. – EDN NKBPJC.
5. Griffith A. Control systems in construction [Text]. Samara: Olimp-Business, 2006. 321 p.
ECONOMY. RIGHT. SOCIETY
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economical sciences, professor, professor of Project management sub-faculty of the State University of Management
LUGOVKINA Irina Anatoljevna
postgraduate student of the State University of Management
ANALYSIS OF WORLD EXPERIENCE USING CRYPTOCURRENCY AND ASSESSING THE PROSPECTS OF THE DIGITAL RUBLE IN THE FIELD OF CHARITY
The importance of the active use of digital technologies in the activities of charitable organizations is substantiated. The current state of the cryptocurrency market in different countries of the world and its legislative regulation is analyzed, the process of introducing digital currency and its prerequisites is described. Recommendations are given on the use of the digital ruble in the activities of charitable organizations in order to increase income.
Keywords: charity, charitable organization, digitalization, cryptocurrency, digital ruble.
Bibliographic list of articles
1. The Chainalysis 2023 Geography of Cryptocurrency Report. – [Electronic resource]. – Access mode: https://go.chainalysis.com/geography-of-cryptocurrency-2023.html (access date: 11/18/2023).
2. Cryptopolitan. – [Electronic resource]. – Access mode: https://www.cryptopolitan.com/ru (access date: 11/18/2023).
3. Türkiye is tightening its rulesla cryptocurrencies next year are the main focus of exchanges. – [Electronic resource]. – Access mode: https://cryptodnes.bg/ru/turciq-zatqga-kripto-regulaciite-dogodina-borsite-osnoven-fokus/ (date of access: 11/18/2023).
4. Equated to money. How and why the El Salvadoran authorities use Bitcoin. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/12318537?ysclid=lp5php0ery840031463 (access date: 11/18/2023).
5. “Rise of the central bank digital currencies: drivers, approaches and technologies” Raphael Auer, Giulio Cornelli and Jon Frost. – [Electronic resource]. – Access mode: https://www.bis.org/publ/work880.pdf (date of access: 03.11.2023).
6. Bank of England. – [Electronic resource]. – Access mode: https://www.bankofengland.co.uk/ (access date: 11/18/2023).
7. China is doubling down on its digital currency. – [Electronic resource]. – Access mode: https://www.fpri.org/article/2023/06/china-is-doubling-down-on-its-digital-currency/ (date of access: 11/18/2023).
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economical sciences of the Ufa State Petroleum Technical University
SOZYKIN Alexander Dmitrievich
competitor of the Ufa State Petroleum Technical University
SAFRONOV Danil Yurjevich
competitor of the Ufa State Petroleum Technical University
MODERN DIGITAL SOLUTIONS FOR FINANCIAL AND ECONOMIC JUSTIFICATION IN PROJECT MANAGEMENT
The scientific article discusses the author’s approach to financial and economic modeling of projects, used on the basis of business planning and allowing for automatic calculation of key project performance indicators. The proposed digital solution can also be used to organize post-investment monitoring of the project in order to control financial flows.
Keywords: project management, project, financial and economic modeling, financial model, software module “BusinessPLAN Plus”.
Bibliographic list of articles
1. Aliev V. S. Workshop on business planning using the Project Expert program. – M.: Infra-M., 2017. – 288 p.
2. Luzina E. S., Novikova N. B., Vyguzova K. V. Project management system Project Expert: educational method. allowance. – Ekaterinburg: UrGUPS, 2011 – 80 p.
ECONOMY. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty of the Tyumen Industrial University
CHUMLYAKOVA Darya Vladimirovna
Ph.D. in economical sciences, associate professor of Economics and production organization sub-faculty of the Tyumen Industrial University
IGNATYUK Yuliya Leonidovna
Ph.D., associate professor of Intelligent systems and technologies sub-faculty of the Tyumen Industrial University
INTERNATIONALIZATION OF THE ARCTIC IN THE STRATEGIES OF NON-ARCTIC COUNTRIES
The article is devoted to the research of Arctic relations and prospects for the internationalization of the Arctic. It has been established that non-Arctic countries are increasingly declaring the internationalization of this macro-region. The drivers of this process in the Arctic are the development of natural resources, the development of international coastal infrastructure, shipbuilding, prospects for using the Northern Sea Route, scientific research, etc.
Keywords: Arctic, Northern Sea Route, internationalization, international transport infrastructure, international transport corridors, integration.
Bibliographic list of articles
1. Adamkulova Ch.U., Daminova N.N. Internationalization of small and medium-sized businesses: opportunities and limitations in the context of globalization // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of the Kyrgyz Republic named after Kazy Dikambaev. – 2019. – No. 11. – P. 47-50.
2. Arkhipova V.V. Currency internationalization: analysis of international experience and choice of path for Russia // World Economy and International Relations. – 2022. – T. 66. No. 7. – P. 43-54. – DOI 10.20542/0131-2227-2022-66-7-43-54.
3. Gladun E.F. Nearctic states enter the Arctic. – [Electronic resource]. – Access mode: https://goarctic.ru/work/nearkticheskie-gosudarstva-vykhodyat-v-arktiku/ (date of access: 03/08/2023).
4. Goldin V.I. Arctic geopolitics: modern trends and prospects // Clio. – 2014. – No. 1 (85). – pp. 129-133.
5. Zagorsky A.V. Internationalization of the Arctic // Abstracts for the meeting of the Academic Council of the IMEMO RAS on October 24, 2012 – [Electronic resource]. – Access mode: https://www.imemo.ru/files/File/ru/sc/2012/24102012_tez.pdf (date of access: 03/08/2023).
6. Komleva N. A. Arctic strategy of the Arctic states: general and special // Arctic and North. – 2011. – No. 2. – P. 19-25.
7. Panibratov A. Yu. Strategies for the internationalization of construction companies: prerequisites, directions and prospects // Bulletin of St. Petersburg University. Management. – 2010. – No. 1. – P. 61-86.
8. Petrov M. B., Chumlyakov K. S., Chumlyakova D. V. Instruments for regulating the internationalization of transport communications on the Eurasian continent // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 464-466. – DOI 10.46320/2073-4506-2021-1-152-464-466.
9. Russia and the world: 2023. Economy and foreign policy. Annual forecast / Man. project: A. A. Dynkin, V. G. Baranovsky; resp. ed.: G. I. Machavariani, I. Ya. Kobrinskaya. – Moscow: IMEMO RAS, 2022. – 130 p. – DOI 10.20542/978-5-9535-0568-0.
10. Chumlyakov K. S., Chumlyakova D. V. Internationalization of the Arctic and national interests of the Arctic countries // Fundamental Research. – 2023. – No. 6. – P. 59-63. – DOI 10.17513/fr.43472.
11. Aperyan Ye. The Internationalization of Higher Education in Armenia // Journal of Sociology: Bulletin of Yerevan University. – 2021. – Vol. 12.No. 1 (33). – P. 79-87. – DOI 10.46991/BYSU:F/2021.12.1.079.
ECONOMY. RIGHT. SOCIETY
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, Taganrog
PAVLOV Pavel Vladimirovich
Ph.D. in economic sciences, Ph.D. in Law, professor, professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, Taganrog
TRANSFORMATION OF THE GLOBAL MARKET FOR HIGHER EDUCATION SERVICES UNDER THE INFLUENCE OF CHANGING GEOPOLITICAL CONTOURS
Currently, under the influence of changes in the geopolitical contours in the world, there is a transformation of priorities in the global market of higher education services, including the creation of new educational and scientific centers, the emergence of new integration forms and associations, as well as the redistribution of academic and teaching mobility flows. In this regard, the purpose of the article is to identify and describe the main trends that are currently occurring in the world.
Keywords: global market for higher education services, changing geopolitical contours, world economy.
Bibliographic list of articles
1. Moscovitz H., Harden-Wolfson E. Conceptualizing the new geopolitics of higher education // Conceptualizing the new geopolitics of higher education. Globalization Societies and Education. – 2023. doi 10.1080/14767724.2023.2166465.
2. 2023: A transformative year in global education amid political shifts and geopolitical tensions / MSM Reporter. [Electronic resource]. – Access mode: https://msmreporter.com/2023-a-transformative-year-in-global-education-amid-policy-shifts-and-geopolitical-tensions/
3. Global Flow of Tertiary-Level Students / Institute for statistics UNESCO. [Electronic resource]. – Access mode: https://uis.unesco.org/en/uis-student-flow.
4. By 2023, Russia will increase the quota for foreign students to 30 thousand places / Website of the Ministry of Science and Higher Education of the Russian Federation. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/mezhdunarodnoe-sotrudnichestvo/46932/#:~:text=Number%20places%2C%20allocated%20to foreign%20citizens, did not%20exceed%2018% 20 thousand%20 places.
ECONOMY. RIGHT. SOCIETY
BADI Achraf
postgraduate student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
THE ROLE OF THE PROJECT APPROACH IN MANAGING INNOVATION ACTIVITIES OF ENTERPRISES
The work analyzes four fundamental approaches to the management of innovation: systemic, situational, functional and project-based, from the point of view of the impact of their application on the effectiveness of innovation. Effective mapping between organizational forms of innovation and management approach is also discussed.
Keywords: Innovation activity, competitiveness, system approach, project approach, organizational forms of innovation.
Bibliographic list of articles
1. Poletaev V. E.Business in Russia: innovations and modernization project: Monograph. – M.: INFRA-M, 2018. – 195 p.
ECONOMY. RIGHT. SOCIETY
BAGRAM Alina Alexeevna
student of the Far Eastern Federal University, Vladivostok
PIVKIN Maxim Yurjevich
student of the Far Eastern Federal University, Vladivostok
LOGUNOVA Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Anastasiya Andreevna
student of the Far Eastern Federal University, Vladivostok
NOSIK Dmitriy Evgenjevich
magister student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF THE ENERGY SECTOR THROUGH BLOCKCHAIN AND AI: GLOBAL PERSPECTIVES AND CHALLENGES
This study highlights the role and impact of blockchain and artificial intelligence (AI) on the global energy landscape. The article examines the key innovations and challenges associated with the application of these technologies in the energy sector, focusing on improving energy management, increasing transparency of operations and exploring new ways for innovation. Analyzing examples from different countries, the article evaluates both the current application and the future potential of blockchain and AI in improving the efficiency and security of the energy sector.
Keywords: transformation of the energy sector, blockchain in energy, AI and energy, global trends in energy, innovative energy technologies, energy resource management, security of energy systems, energy efficiency.
Bibliographic list of articles
1. Here’s how AI will accelerate the energy transition | World Economic Forum. [Electronic resource]. – Access mode: https://www.weforum.org/agenda/2021/09/this-is-how-ai-will-accelerate-the-energy-transition/
2. Volkova Yu. S. Big data in the modern world. // Scientific and methodological electronic journal “Concept”. – 2016. – T. 11. – P. 1171-1172
3. Blockchain in the Russian energy sector: advantages and prospects for digitalization of the industry – Bits Media. [Electronic resource]. – Access mode: https://bits.media/blokcheyn-v-rossiyskoy-energetike-preimushchestva-i-perspektivy-tsifrovizatsii-otrasli/
4. Sinyak N. G., Kaklauskas A., Zinkina D. V., Habib A., Sharif N., Bondarenko A. V. Using big data in assessing the economic potential of organizations. // Proceedings of BSTU. Series 5: Economics and management. – 2015. – No. 7. – P. 287
5. Article “Bigdata: The next frontier for innovation, competition and productivity.” [Electronic resource]. – Access mode: https://www.mckinsey.com/capabilities/mckinsey-digital/our-insights/big-data-the-next-frontier-for-innovation.
ECONOMY. RIGHT. SOCIETY
DONSKOY Vasiliy Andreevich
student of the Far Eastern Federal University, Vladivostok
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
KUCHUK Maxim Igorevich
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION USING BLOCKCHAIN: INTEGRATION STRATEGIES AND LEGAL ASPECTS
This article explores innovative block chains, their current state and potential for transformation of various sectors, as well as examines regulatory management strategies. The main focus is on the principles of block chains, their impact on the progress of the digital economy, as well as discussion of standardization and regulatory management strategies necessary for their integration and effective use in a variety of industries. The challenges associated with the incompatibility of various block chain systems are analyzed, and the difficulties faced by legislators and technology specialists in the process of standardization and legislative regulation of this technology are considered.
Keywords: block chains, cryptocurrencies, regulatory management, standardization, digital economy, technological progress, legislation, information security, economic opportunities, innovations.
Bibliographic list of articles
1. Bylinkina E. V. Blockchain: legal regulation and standardization // Law and Politics. – 2020. – No. 9. – P. 143-155.
2. Swan M. Blockchain: scheme of the new economy // Transl. from English – M.: OlympBusiness (Sberbank Library. T. 69). – 2017. – P. 24.
3. Minbaleev A.V., Safronov E.G. Legal nature of blockchain // Bulletin of SUSU. Series: Prain. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-priroda-blokcheyn.
4. Alekseev R. A. Prospects and problems of using blockchain technology in elections in Russia and abroad // Russian political science. – 2018. – No. 4 (9). – pp. 27-32.
5. Casey Michael J., Vigna, Paul. The Age of Cryptocurrencies: How Bitcoin and Blockchain are Changing the World Economy / Per. from English – M.: Alpina Publisher, 2019.
6. Konstantinova V. N. Blockchain in the digital economy: development prospects and legal aspects // Journal “Law and Economics”. – 2019. – No. 6. – P. 22-30.
ECONOMY. RIGHT. SOCIETY
LI Linlin
senior lecturer, Heihei University
SOME PROBLEMS OF CREATING A ZONE OF CROSS-BORDER TOURISM COOPERATION BETWEEN CHINA AND RUSSIA
The zone of cross-border tourism cooperation is a new way of developing cross-border tourism in a new era, which is a unique way of integrating high-quality tourist resources in the border areas of the two countries and jointly delimiting a certain territory for the development of tourism based on stable and harmonious international relations. The Sino-Russian border zone is one of the earliest regions of China where cross-border tourism cooperation began. This article begins with an analysis of the problems existing in the construction of a cross-border tourism cooperation zone between China and Russia, and suggests appropriate countermeasures to solve them. The article is published as part of the scientific project of fundamental and operational expenses of research in the field of higher education in Heilongjiang Province in 2021 on the topic “Research on the way to build a Sino-Russian zone of cross-border tourism cooperation in Heilongjiang Province in the post-epidemic era”, project number: 2021-KYYWF-0712.
Keywords: China-Russia, cross-border tourism cooperation zone, cross-border tourism.
Bibliographic list of articles
1. Wang I-E. Research on the development of Chinese-Russian cross-border tourism in Heilongjiang Province [D]. Master’s thesis from Mudanjiang Normal College. – 2020: 19.
2. Li Fei. Cross-border tourism cooperation zone: a new model for the development of cross-border tourism in development [J]. Science of tourism. – 2013 (10): 15-19.
3. Li Xue. Discussion of the construction of a Chinese-Russian cross-border tourism cooperation zone[J]. Foreign trade and economics. – 2018 (2): 32-35.
4. Sun Shihan. A study of Chinese-Russian cross-border tourism cooperation in the context of high-quality joint construction of the Belt and Road [D]. Master’s thesis from Harbin Normal University. – 2023: 21.
5. Hu Fusheng. Reflections on the construction of a cross-border tourism cooperation zone in the context of the Belt and Road Initiative [J] // Journal of Tourism. – 2017 (5). – P. 1-3.
6. Zhang Guanyu, Shen Xingju, Liu Susanna. Study of international regional tourism cooperation in the context of the construction of the Silk Road Economic Belt[J]. // Journal of Sichuan Normal University (social science publication). – 2015 (3). – pp. 53-58.
ECONOMY. RIGHT. SOCIETY
MAGZYANOV Vladislav Petrovich
magister student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Tatyana Andreevna
student of the Far Eastern Federal University, Vladivostok
BOTVINKO Diana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University, Vladivostok
DOVGUSHEVA Anna Vladimirovna
student of the Far Eastern Federal University, Vladivostok
SBERBANK’S ADAPTATION TO THE NEW ECONOMIC REALITY: STRATEGIES AND SOLUTIONS
This study examines how Sberbank, Russia’s leading financial institution, is adapting to the changing global economic situation and political challenges. Attention is focused on its strategic changes aimed at strengthening the stability of the bank through investing in government bonds and actively supporting small and medium-sized businesses. It highlights reactions to current geopolitical events, including international sanctions and the consequences of the COVID-19 pandemic, and analyzes how these events have affected Sberbank’s investment portfolio and overall strategy, emphasizing its role as a reliable player in the face of economic and political challenges .
Keywords: Sberbank, strategic adaptation, global economic changes, political challenges, government bonds, business support, small and medium-sized businesses, stability in the financial sector, the Russian banking sector, the COVID-19 pandemic.
Bibliographic list of articles
1. External sector statistics. International investment position. © Bank of Russia, 2000-2022. [Electronic resource]. – Access mode: https://cbr.ru/statistics/macro_itm/svs/
2. 100 reliable Russian banks – 2022. Forbes rating | Forbes.ru. [Electronic resource]. – Access mode: https://www.forbes.ru/rating/459867-100-nadeznyh-rossijskih-bankov-2022-rejting-forbes.
3. Bank ratings. Financial ratings. © 2005—2022 Information Agency “Banks.ru”. [Electronic resource]. – Access mode: https://www.banki.ru/banks/ratings/
4. Russian banks could make record profits in 2023 – Russian Сentral Bank | Reuters. [Electronic resource]. – Access mode: https://www.reuters.com/business/finance/russian-banks-could-make-record-profits-2023-russian-entral-bank-2023-11-08/
5. McKinsey’s Global Banking Annual Review 2023: The Great Banking Transition / McKinsey. [Electronic resource]. – Access mode: https://www.mckinsey.com/industries/financial-services/our-insights/global-banking-annual-review.
ECONOMY. RIGHT. SOCIETY
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
BELOUSOV Nikita Alekseevich
student of the Far Eastern Federal University, Vladivostok
KHLYUPOV Ilya Viktorovich
student of the Far Eastern Federal University, Vladivostok
VERKHOTUROVA Darya Alekseevna
student of the Far Eastern Federal University, Vladivostok
VDOVENKOVA Olga Viktorovna
student of the Far Eastern Federal University, Vladivostok
MINIMIZING THE ECONOMIC CONSEQUENCES OF THE GLOBAL ENERGY TRANSITION FOR LARGE ENERGY-INTENSIVE CONSUMERS: STRATEGIES AND SOLUTIONS
This study focuses on the analysis and development of strategies to minimize the economic consequences of the global energy transition for large energy-intensive consumers. It explores the impact of the transition to renewable energy sources and decarbonization strategies on the economic stability and sustainability of such consumers. The paper examines key factors, including technological progress, electricity generation costs, and suggests methods to reduce financial risks, such as mixed financing and public-private partnerships. The study highlights the importance of adapting corporate policy and management in the context of the energy transition.
Keywords: global energy transition, energy-intensive consumers, decarbonization, renewable energy, mixed financing, public-private partnership, sustainable development, corporate adaptation, technological progress, investment risks.
Bibliographic list of articles
1. Liisa Õunmaa. “What are the socio-economic impacts of an energy transition?” United Nations Development Programme. [Electronic resource]. – Access mode: www.undp.org
2. “Energy Transitions in Russia – Climate Strategies.” Climate Strategies. [Electronic resource]. – Access mode: climatestrategies.org
3. “Energy Transition’s Impact on Global GDP.” United Nations Development Programme. [Electronic resource]. – Access mode: www.undp.org
4. “Jobs in the Energy Transition.” United Nations Development Programme. [Electronic resource]. – Access mode: www.undp.org
5. “Just Energy Transitions for Europe and Beyond.” Frontiers Research Topic. [Electronic resource]. – Access mode: www.frontiersin.org.
ECONOMY. RIGHT. SOCIETY
NOSIK Dmitry Evgenievich
magister student of the Far Eastern Federal University, Vladivostok
PIVKIN Maxim Yurjevich
student of the Far Eastern Federal University, Vladivostok
LOGUNOVA Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
BAGRAM Alina Alexeevna
student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Anastasiya Andreevna
student of the Far Eastern Federal University, Vladivostok
THE EVOLUTION OF INTERNATIONAL TRADE IN THE BRICS COUNTRIES: IN-DEPTH ANALYSIS OF CHINA’S INFLUENCE
This review provides an in-depth analysis of the BRICS countries’ international trade, with an emphasis on China’s strategic role. By examining statistical data, the survey identifies key trends and challenges faced by these countries, including the effects of global events such as international sanctions, trade disputes and the COVID-19 pandemic. Particular attention is paid to changes in the trade balance, export-importdynamics, and how China contributes to strengthening BRICS economic ties in the international arena.
Keywords: BRICS, international trade, global economic challenges, sanctions, economic relations, geopolitics, exports, imports.
Bibliographic list of articles
1. Dovydenko V. A. BRICS countries on the world stage: analysis and development prospects. – 2021. – pp. 88–92.
2. Fesenko E. S. BRICS countries in the global economy. – Scythian. Questions of student science. – 2021. – pp. 442-446.
3. Dzilikhov N. S. History of the formation of BRICS // Bulletin of the Russian New University. Series: Man and Society. – 2020. – No. 1. – P. 14-18.
4. Rinchinov A. B. Conceptualization of China’s foreign policy: a product of ambitions or circumstances? // Russian-Chinese studies. – 2021. – T. 5. – No. 3. – P. 160-167.
5. Solovyova V. A., Yagya T. S. Activities of the People’s Republic of China within the framework of BRICS // Russia in the global world. – 2022. – No. 22 (45). – pp. 117-125.
6. Zhang, Y. and Jiang, L. “The Impact of COVID-19 on the Global Trade and Investment Flows: A Closer Look at the BRICS Economies” // Journal of International Trade & Economic Development. – 2021. – Vol. 30.No. 7. – P. 1036-1051.
ECONOMY. RIGHT. SOCIETY
REPYAKH Anastasiya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
GRIGORJEV Anatoliy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
DMITRIEVA Alice Igorevna
student of the Far Eastern Federal University, Vladivostok
KLOCHKO Irina Vadimovna
student of the Far Eastern Federal University, Vladivostok
TIKAKHINA Tatyana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
RISK AND RESOURCE MANAGEMENT STRATEGIES IN RUSSIAN BANKS DURING THE PERIOD OF ECONOMIC CHALLENGES
This article explores how Russian commercial banks are adapting their risk and resource management strategies in response to economic challenges, including the COVID-19 pandemic and geopolitical shifts. The emphasis is on analyzing credit risk, strengthening the capital base and adapting to changing conditions of government regulation. The article highlights the key strategies that have allowed banks to increase their stability and contribute to the stability of the financial system in difficult conditions.
Keywords: risk management strategies, Russian commercial banks, economic challenges, credit risk, capital sustainability, COVID-19, geopolitical changes, financial stability, government regulation.
Bibliographic list of articles
1. Kleparskaya K. Yu. Development of the Russian banking system // Current research. – 2021. – No. 24 (51). – pp. 91-97.
2. Kosivchenko V.K. Banking resources: their formation and use // Current issues of modern science and education. – 2022. – pp. 109-111.
3. Muratova D. B. Features of risk management in commercial banks // Forum. Series: Humanities and economics. – 2022. – No. 3 (26). – pp. 18-23.
4. Peregudova T. A. Influence of factors on the formation of bank resources // Globus. – 2020. – No. 11 (57). – pp. 59-64.
5. Zheleznova A. Yu. Modern trends in the development of the risk management system of a commercial bank in Russia // Modern aspects of the transformation of the financial and credit system. – 2020. – pp. 121-126.
6. Itasheva N.K. Risk management in a bank and determination of market risk // Internauka. – 2022. – No. 19-1 (242). – pp. 62-64.
7. Allen Franklin, and Elena Carletti. Banking and Markets: The Changing Character of European Finance // Journal of Financial Intermediation. – 2014. – Vol. 23. – No. 3. – Рp. 432-451.
8. Gorton Gary and Andrew Metrick. Securitized Banking and the Run-on Repo // Journal of Financial Economics. – 2012. – Vol. 104. – No. 3. – Рp. 425-451.
ECONOMY. RIGHT. SOCIETY
PIVKIN Maxim Yurjevich
student of the Far Eastern Federal University, Vladivostok
NOSIK Dmitry Evgenievich
magister student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Anastasiya Andreevna
student of the Far Eastern Federal University, Vladivostok
BAGRAM Alina Alexeevna
student of the Far Eastern Federal University, Vladivostok
LOGUNOVA Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
THE VERSATILITY OF INSURANCE INTEREST: LEGAL AND ECONOMIC DIMENSIONS IN INSURANCE
This article provides an in-depth analysis of the versatility of insurancece interest and its impact on the insurance industry. The legal basis of the insurance interest and its role in ensuring the effectiveness of insurance policies are considered. Special attention is paid to the study of the impact of insurance interest on the management of moral risks, as well as on the pricing process and the development of insurance products. The article also analyzes the ethical aspects of insurance interest in the context of life and corporate insurance, emphasizing its importance for maintaining responsibility in the insurance business. The material will be useful for insurance professionals, researchers and students interested in the basics and principles of insurance.
Keywords: insurance interest, legal basis of insurance, moral hazard, pricing in insurance, ethics in the insurance industry, risk management, life insurance, corporate insurance.
Bibliographic list of articles
1. Turbina K. E. Modern understanding of property interests // Finance. – 2019. – No. 11. – pp. 13-20.
2. Gurov A.V. Insurable interest and legal fact // Controversial issues. Law. – 2020. – No. 11. – P. 50-80.
3. Braginsky M. I, Vitryansky V. V. Contract law. Book 3. Contracts for the performance of work and provision of services. – M., 2019. – P. 40-81.
4. Abramov V. Yu. The concept of unprofitability of insurance interest in insurance contracts // Economy and Law. – 2021. – No. 6. – P. 50-66.
5. Abramov V. Yu. Significant signs of insurance interest // Legal and legal work in insurance. – 2021. – No. 2. – P. 70-100.
6. Nikulina S.S. The role of insurance interest in the development of insurance services. Bulletin of Economics and Law. – 2020. – No. 4.- P. 95-110.
7. Vaughn, Mark J. Principles of Risk Management, and Insurance. – Cambridge: Cambridge University Press, 2022. – pp. 117-135.
ECONOMY. RIGHT. SOCIETY
SKACHKOVA Margarita Alekseevna
student of the Far Eastern Federal University, Vladivostok
GOMENYUK Maxim Anatoljevich
student of the Far Eastern Federal University, Vladivostok
BASENKO Denis Viktorovich
student of the Far Eastern Federal University, Vladivostok
KLEMENTJEVA Darya Andreevna
student of the Far Eastern Federal University, Vladivostok
VETROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ABENOMICS GROWTH STRATEGY IN THE ERA OF LOW FERTILITY AND POPULATION AGING: ANALYSIS AND PROSPECTS
This study analyzes the growth strategy adopted by the Government of Shinzo Abe in Japan in response to complex demographic challenges, including low fertility and an aging population. The article evaluates the effectiveness of Abenomics and its second phase, which focuses on the labor market, child care and education policies. It discusses how this policy departs from the traditional approaches of conservative/right-wing governments, focusing on investments in human resources and the cycle of growth and distribution. The analysis includes an assessment of previous Japanese governments and discusses how Abe’s policy decisions have adapted to the country’s unique socio-economic conditions.
Keywords: Abenomics, Japan, demographic challenges, low birth rate, aging population, labor market, social policy, economic growth, growth strategy, child care policy.
Bibliographic list of articles
1. Kim Kyu-Pan, Lee Hyung-Keun, Kim Seung-Hyun, Lee Jung-Eun. 2016. “Implementation Performance and Objectives of Abenomics Growth Strategy.” – Sejong: Korea Institute for International Economic Policy.
2. Lee Seung-Ju “The Political Economy of Abenomics: The Political Origins of Political Distinctiveness” // Social Science Research. – 2018. – Vol. 25. No. 4. – R. 95-118.
3. Song Ji-Yeon “Labor Policies for Economic Recovery and Overcoming Labor Shortages,” in “The Abe Era: Japan’s National Strategy” edited by Park Cheol-Hee. – Seoul: Seoul National University Press, 2018. – R. 391-425.
4. Lee Chang-Min “Abenomics Aimed at Escaping Deflation,” in “The Abe Era: Japan’s National Strategy” edited by Park Cheol-Hee. – Seoul: Seoul National University Press, 2018. – R. 237-271.
5. Kwon Soon-Mi. “Policy Shift of the Democratic Party of Japan: From Welfare without Tax Increase to Welfare for Tax Increase” // Korean Party Studies Association Journal. – 2015. – Vol. 14. No. 1. – R. 37-62.
6. Lee Jung-Hwan. “Policy Shift and Division of the Democratic Party of Japan on the Consumption Tax Increase” // Korean Political Science Association Journal. – 2013. – Vol. 47. No. 2. – R. 149-167.
7. Jung Mi-Ae. “The Political Process Surrounding the Expansion of Welfare without Tax Increases by the Democratic Party of Japan” // International Politics Reviews. – 2013. – Vol. 53. No. 1. – R. 185-218.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economical sciences of the Ufa State Petroleum Technical University
MULLASHEV Ural Robertovich
magister student of the Ufa State Petroleum Technical University
IMPROVING THE EFFICIENCY OF OIL COMPANY PROCUREMENT MANAGEMENT IN THE CONTEXT OF DIGITAL BUSINESS TRANSFORMATION
The article presents the results of the development of a methodological approach to assessing the economic efficiency of the introduction of digital technologies and digital solutions in the procurement activities of an oil company.The results were tested on the example of the oil company Gazprom Neft PJSC, whose headquarters is located in St. Petersburg. The results obtained indicate that the introduction of BigData technology into the company’s free inventory management system is effective.
Keywords: economic efficiency, digital technologies, procurement, investment activity, cash flow discounting, efficiency assessment methods.
Bibliographic list of articles
1. Leibert T. B., Khalikova E. A. Formation of a financial model of a business project using project financing tools // Audit and financial analysis. – 2013. – No. 6. – P. 123-129.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Viktor Nikolaevich
Ph.D. in philosophical sciences, professor, professor of the Institute of Continuing Education “Vector of Development” of the M. Akmulla Bashkir State Pedagogical University
AXIOMS OF NEOCLASSICAL PHILOSOPHY
This article defines the axioms of neoclassical philosophy, based on its modern formation and development, identifies the interaction between these axioms, draws attention to the removal of the axioms of classical, non-classical and post-non-classical philosophy in them , examines the relationship of the axioms of neoclassical philosophy with types (forms) of worldview.
Keywords: axioms of neoclassical philosophy, neoclassical philosophy, classical philosophy, non-classical philosophy, post-non-classical philosophy, removal of philosophical axioms, types (forms) of worldview.
Bibliographic list of articles
1. Aristotle. Works in four volumes. T. 2. Ed. Z. N. Mikeladze. – M.: “Thought”, 1978.
2. Bondarenko V. N. On the formation of neoclassical philosophy // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 465-466.
3. Bondarenko V. N. Spiritual meetings with the hero: philosophical and psychological poem. – Ufa: RIC BashSU, 2015.
4. Hegel. Encyclopedia of Philosophical Sciences. T. 1. Science of logic. – M.: “Thought”, 1975.
5. Lossky N. O. Sensual, intellectual and mystical intuition / Comp. A. P. Polyakov; Prepare text and notes R. K Medvedeva. – M.: Republic, 1995.
6. Osho. The path of the mystic. – St. Petersburg: IG “Ves”, 2018.
7. Soviet encyclopedic dictionary / Ch. ed. A. M. Prokhorov. – 4th ed. – M.: Sov. Encyclopedia, 1988.
8. Philosophical Encyclopedic Dictionary / Ch. editor: L. F. Ilyichev, P. N. Fedoseev, S. M. Kovalev, V. G. Panov. – M.: Sov. Encyclopedia, 1983.
PHILOSOPHY. RIGHT. SOCIETY
ABDULAEVA Ilmira Abduragimovna
Ph.D. in philosophical sciences, associate professor, Head of Economics, legal and general education disciplines sub-faculty of the Dagestan State University, branch in Kizlyar
THE PROBLEM OF KNOWING THE ESSENCE OF HUMANITY BY THE EXAMPLE OF EXISTENTIAL AND SOCIOLOGICAL APPROACHES
The article examines a particularly significant and pressing problem of the human in man, the idea of his integrity, the unity of his essence, which permeates the entire history of human development and naturally becomes a fundamental position in the development of scientific approaches . The relevance of the work is due to the existing constant interest in the human problem. There have been different approaches to understanding the problem of knowing the essence of man. In the course of analyzing a number of approaches to identifying the essence of a person, which are grouped according to one or another characteristic that units them, the author proposes to consider in the article the features of the existential and sociological approaches. Keywords: cognition, essence, existentialism, spirituality, imperative, personality, society.
Bibliographic list of articles
1. Descartes R. Works in 2 volumes: Trans. from lat. and fr. T. 2 / Comp., ed. and note. V.V. Sokolova. – M.: Mysl, 1994. – 633p.
2. Sartre J.P. Being and Nothingness: Experience of Phenomenological Ontology / Transl. from French, preface, note. V. I. Kolyadko. – M.: Republic, 2000. – 639 p.
3. Camus A. Rebel Man. – M.: Politizdat, 1990. – P. 25-33
4. Nietzsche F. Thus Spoke Zarathustra. A book for everyone and no one / Trans. with him. Yu. Antonovsky. – M.: AST, 2017. – 416 p.
5. Buber M. I and Thou. – New York, 1971. – P. 63.
6. Florensky P. A. Pillar and Statement of Truth. – M., 1990. – T. 1 (1, 2).
7. Baudrillard J. Simulacra and simulations / [Trans. from fr. A. Kachalova]. – M.: Publishing house “POSTUM”, 2015. – 240 p.
8. Timoshevsky A.V., Savin V.V. Human transgressions: from a person in culture to a culture without a person // Bulletin of St. Petersburg State Institute of Cinematography. – 2020. – No. 1 (42). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transgressii-chelovecheskogo-ot-cheloveka-v-kulture-k-kulture-bez-cheloveka (date of access: 11/17/2023).
9. Heidegger M. Being and time. – M.: Ad Marginem, 1997. – 451 p.
10. Vavilov A.V. Dasein – (non)human in man? // History of philosophy. – 2020. – No. 1. – P. 62-72.
PHILOSOPHY. RIGHT. SOCIETY
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and social and humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
EUTHANASIA IN THE PUBLIC UNDERSTANDING OF RUSSIANS
The article shows the problems of euthanasia in the context of the moral, psychological and socio-legal system of modern Russian society. The conditions for constructing public opinion on euthanasia issues are highlighted, and the humanistic and legal conditions for disclosing this issue are shown. The ongoing research made it possible to identify four focuses of understanding the issues of euthanasia, depending on the level of professional involvement in the problem and philistine judgments; generational and gender differences; as well as territorial characteristics of the perception of the phenomenon of euthanasia. The positive and negative aspects of euthanasia were also highlighted.
Keywords: euthanasia, social and philosophical assessment, psychological conditions, social empathy, legal norms, moral norms.
Bibliographic list of articles
1. Ardashev R. G. Understanding the phenomenon of euthanasia in the public consciousness // Philosophy of health: an integral approach: interuniversity. collection of scientific papers. Issue 12 / Federal State Budgetary Educational Institution of Higher Education ISMU of the Ministry of Health of Russia, Department of Clinical, Social Psychology and Humanities; ed. I. A. Borisov, T. A. Voronova, A. N. Pruzhinin, A. V. Zavyalov. – Irkutsk: IGMU, 2023. – Issue. 12. – pp. 40-45.
2. Ardashev R. G. Euthanasia as a social problem // Global challenges and regional development in the mirror of sociological measurements. Proceedings of the VIII International Scientific and Practical Internet Conference. – Vologda: Vol NC RAS, 2023. – pp. 43-46.
3. Ardashev R. G. Investigation of cases of euthanasia associated with post-criminal suicide // II International book publication of the countries of the Commonwealth of Independent States “BEST TEACHER – 2022”. – Nur-Sultan, 2022. – pp. 35-36.
4. Ardashev R. G. Facts of euthanasia aggravated by post-criminal suicide // Current problems of the modern Russian state and law. Materials of the annual All-Russian scientific and practical conference. Rep. editor S. A. Starostina. – Kaliningrad, 2022. – pp. 14-17.
5. Ardashev R. G., Arkhipova A. N., Turkova V. N. Problematic issues in the investigation of facts of euthanasia associated with post-criminal suicide of murderers // Eurasian Legal Journal. – 2022. – No. 3 (166). – pp. 362-363.
6. Ardashev R. G., Arkhipova A. N., Turkova V. N. Investigation of cases of euthanasia associated with post-criminal suicide of killers // Law and Law. – 2022. – No. 5. – P. 110-112.
7. Polyushkevich O. A. Morality and social identity in prosocial practices // Sociology. – 2023. – No. 1. – P. 79-85.
8. Polyushkevich O. A. Moral choice in the structure of prosocial behavior // Problem of the relationship between natural and social in society and man. – 2020. – No. 11. – P. 127-131.
9. Starodubtseva I. A., Rodionova G. G. Euthanasia as the right to dispose of life: discussion “for” and “against” // Constitutionalism and State Studies. – 2020. – No. 4 (20). – pp. 12-19.
10. Taitorina B. A., Abdukarimova Z. T., Bogatyreva L. B. The phenomenon of euthanasia: ethical, medical and legal aspects // Bulletin of the Kazakh National University. Legal series. – 2020. – T. 93. – No. 1. – P. 12-20.
PHILOSOPHY. RIGHT. SOCIETY
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
OSADCHIY Alexander Alexeevich
postgraduate student of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
FEATURES OF SOCIOCULTURAL RISKS IN THE CONTEXT OF DIGITALIZATION OF SOCIOCULTURAL PRACTICES
The paper examines the social effects and risks of digitalization. Risks have both negative and positive implications in the implementation of sociocultural development scenarios. The risks of digitalization appeared and increased as the expansion of various digital technologies into various sociocultural practices increased. At the first stage of the formation of the information society, the accompanying sociocultural risks were associated with the interpretation of events by the media, the struggle of ideologies and narratives, as well as with the dominance of the “simulacrum” phenomenon. In the knowledge society, the sociocultural risks of digitalization have become actualized in socio-economic practices, in particular in the relations of subjects in the production process, its management and distribution of benefits. In the conditions of intensification of digitalization processes, risks affect everyday practices, value guidelines of a person’s life in society and the personal and existential foundations of his life, including identity.
Keywords: information society, knowledge society, digitalization, mediatization, sociocultural risks, social practices, technology.
Bibliographic list of articles
1. Avdeev E. A., Baklanov I. S., Baklanova O. A. Sociocultural dynamics of modernity: transformation of the communication space of culture // Modern problems of science and education. – 2014. – No. 4. – P. 567.
2. Balyk A. S., Semkina E. N. Globalization, technologization, informatization, digitalization – modern trends transforming society – philosophical understanding of risks and threats // Siberian Anthropological Journal. – 2020. – T. 4. – No. 3. – P. 185-193.
3. Baklanov I. S., Pelevin S. I. Technologies and technological consciousness in the evolution of post-industrialism: from the information society to the knowledge society and digital society // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2022. – No. 1. – P. 60-67.
4. Baklanova O. A., Syomkin A. V., Yugai V. V. Value foundations of sociocultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
5. Gubanova M. A. Transformation of a person in a global network society // Bulletin of the Armavir State Pedagogical University. – 2020. – No. 4. – P. 103-109.
6. Denisenko S.V., Baklanov I.S. Modern philosophy of technology: moral principles // Eurasian Legal Journal. – 2020. – No. 8 (147). – pp. 422-424.
7. Mikeeva O. A. Analysis of methodology and directions of research of modern social reality // Social and humanitarian knowledge. – 2009. – No. 9. – P. 241-247.
8. Pokhilko A.D. Foundations of social self-determination // Humanitarian and socio-economic sciences. – 2010. – No. 3 (52). – pp. 26-29.
9. Shmatko A. A., Pokhilko A. D., Gubanova M. A. Modalities of social transformations // Humanitarian and social sciences. – 2015. – No. 4. – P. 53-62
10. Babushkina D., Votsis A. Disruption, Technology and the Question of (Artificial) identity // AI and Ethics. – 2021. – V. 2. – No. 4. – R. 611-622.
11. Belikova I. P., Ivashova V. A., Baklanova O. A., Lazareva N. V., Semenova L. Factor Model Of Expert Opinions on Risks Assessment for Territorial Development // XIV International Scientific Conference “INTERAGROMASH 2021″. V. 1. Lecture Notes in Networks and Systems, 2022. – R. 861-869.
12. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, Social And Psychological Factors of the Conservative Consumer Towards Legal Cannabis Use-A Review since 2013 // Sustainability. – 2022. – V. 14. – No. 17. – R. 10993.
13. Vinokursky D. L., Mezentseva O. S., Samoylov Ph. V., Ganshin K. Y., Baklanova O. A. Model Predictive Control for Path Planning of UAV Group // IOP Conference Series: Materials Science and Engineering. III International Scientific Conference. – Krasnoyarsk, 2021. – P. 12092.
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
SVIRIDOV Ruslan Evgenjevich
lecturer of Fire and tactical-special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
PREVENTION OF FEAR AND ANXIETY IN CONDITIONS OF SOCIAL CONFLICTS
If you feel irritability, depression, pain, insomnia every day, worry about various symptoms of physical discomfort and cannot lead your daily life happily, are in a bad emotional state, feel deviant manifestations, this means that your spiritual state is not normal, that you expect too much from contingent existence. Nerves, worries, fear, irritability, inability to make the right decisions, poor family relationships, stress, anxiety – all these are signs of modern hectic life. Among various mental disorders, anxiety disorders occupy one of the first places. Psychologists and neuropsychiatric dispensaries cannot track the wave of disorders of mixed etiology (mood disorders, anxiety disorders, disorders associated with alcohol and drug use, intermittent explosive disorder, eating disorders, schizophrenia, psychotic disorders, senile dementia, etc. What can they do the patients themselves?
Keywords: stress, anxiety, irritability, disharmony, deviation, conflict, self-organization, self-control, psychological health of Russians.
Bibliographic list of articles
1. Balabanova M. A. Prevention and therapy of anxiety and fear in preschool children // Bulletin of pedagogy and psychology. – 2012. – No. 1. – P. 18-25.
2. Morozov V. M., Timoshchuk A. S. Moral values and the future of humanity // Bulletin of the Vladimir Law Institute. – 2018. – No. 1 (46). – pp. 180-184.
3. Rozin V. M. Fear and anxiety: the nature of the phenomenon // Psychology and psychotechnics. – 2014. – Doi 10.7256/2070-8955.2014.5.10666.
4. Timoshchuk A. S. Education as a determinant of the ethno-confessional stability of the state // Bulletin of Kostroma State University named after N. A. Nekrasov. Pedagogy series. Psychology. Social work. Juvenology. Sociokinetics. – 2015. – No. 2 (21). – pp. 11-14.
5. Timoshchuk A. S. The role of education in relieving ethno-confessional tensions // Civil self-organization of Russian society. – Vladimir, 2009. – P. 107-114.
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technologies and systems sub-faculty of the Bryansk State Technical University
SOCIO-PHILOSOPHICAL UNDERSTANDING OF THE IMPORTANCE OF APPLYING THE PRINCIPLES OF ERGONOMIC DESIGN IN THE MANUFACTURE OF STONE TOOLS IN THE PERIOD OF COLLECTIVE SOCIETY
The article discusses the issues of socio-philosophical understanding of the feasibility of applying the principles of ergonomic design in the manufacture of stone tools during the period of collective society. Ergonomic design is considered as a phenomenon that contributes to the adaptation of hand-made equipment to the conditions of the natural environment, increasing the chances of human survival and overcoming natural selection. The article raises questions about the need to consider ergonomics and ergonomic design in a broad and narrow sense in order to realize the importance of this phenomenon in the process of social development. Special attention is paid to issues related to the impact of the convenience of using tools in the historical process of formation and evolution of social energy. The considered approach proves the application of empirical testing of tools in the Paleolithic period and as a result of the emergence of the phenomenon of ergonomic design and ergonomics characterized by conscious techniques of processing tools that increase its usability.
Keywords: ergonomic design, ergodesign, biosphere, collective society.
Bibliographic list of articles
1. Demidenko E. S. Noospheric ascent of earthly life. – M., 2003. – P. 143.
2. Dergacheva E. A. Philosophy of technogenic society. – M.: Lenand, 2011. – 216 p.
3. Zinchenko V. P., Munipov V. M. Towards the theory of ergonomics // “Technical Aesthetics”. – 1977. – No. 6.
4. Kuzmenko A. A. Philosophical understanding of the formation of the phenomenon of ergonomics and the principles of ergonomic design (ergodesign) of tools during the period of the collective society // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 381-383.
5. Martynov A.I. M 29 Archeology: Textbook. — 4th ed., rev. and additional – M.: Vyssh. school, 2002. – 439 pp.
6. Moiseev N. N. Universum. Information. Society. – M., 2001. – P. 69.
7. Nazaretyan A.P. Civilization crises in the context of Universal history. – M., 2001. – P. 112.
8. Reimers N. F. Nature management: Dictionary-reference book. – M., 1990. – P. 444.
9. Baena J. P., Navas C. T., Diaz S. P., Bustos-Perez G., & Romagnoli F. To grip or not to grip: An experimental approach for understanding the use of prehensile areas in Mousterian Tools // Boletin de Arqueologia Experimental. – 2016. – No. 11. – R. 200-218
10. Borel A., Cheze L., & Pouydebat E. Sequence analysis of grip and manipulation during tool using tasks: A new method to analyze hand use strategies and examine human specificities // Journal of Archaeological Method and Theory. – 2017. – No. 24. – R. 751-775.
11. Key A. J. M. Integrating mechanical and ergonomic research within functional and morphological analyzes of lithic cutting technology: Key principles and future experimental directions // Ethnoarchaeology. – 2016. – No. 8 (1). – R. 69-89.
12. Key A. J. M., & Lycett S. J. Investigating interrelationships between Lower Palaeolithic stone tool effectiveness and tool user biometric variation: Implications for technological and evolutionary changes // Archaeological and Anthropological Sciences. – 218. – No. 10. – R. 989–1006.
13. Marzke M. W. (1997). Precision grips, hand morphology, and tools // American Journal of Physical Anthropology. – 1997. – No. 102 (1). – R. 91-110.
14. Marzke M. W. Tool making, hand morphology, and fossil hominins. Philosophical Transactions of the Royal Society of London. Series B // Biological Sciences. – 2013. – No. 368 (1630). – R. 20120414.
15. Williams-Hatala E. M., Hatala K. G., Gordon M., Key A., Kasper M., & Kivell T. L. The manual pressures of stone tool behaviors and their implications for the evolution of the human hand // Journal of Human Evolution. – 2018. – No. 119. – R. 14-26.
16. Wynn T. (2021). Ergonomic clusters and displaced affordances in early lithic technology // Adaptive Behavior. – 2021. – No. 29 (2). – R. 181-195.
PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
KYSHTYMOVA Irina Mikhaylovna
Ph.D. in psychological sciences, professor of the Irkutsk State University
KIRILLOVA Kseniya Andreevna
assistant of Sports and outdoor games sub-faculty of the Nizhnevartovsk State University
TOCHIEVA Leila Ibragimovna
senior lecturer of the Ingush State University, Magas
THE VALUES OF TUNING FORK CULTURE AND THEIR ROLE IN THE PROCESSES OF PERSONALITY FORMATION
The concept of “values of tuning fork culture” is considered in a number of semantically similar concepts, its significance is substantiated. The sources of translation of the values of tuning fork culture and the forms of developing work with students in the conditions of the basic educational process are characterized. The content of the concept of “inculturation” is clarified, the data of experimental verification of the hypothesis of its productivity for the processes of personality formation are presented.
Keywords: values, value universals, tuning fork culture, inculturation, value eclecticism, values of tuning fork culture.
Bibliographic list of articles
1. Bratus B. S. General psychological theory of activity and the problem of units of personality analysis // A. N. Leontiev and modern psychology: collection. Art. in memory of A. N. Leontyev / Ed. A. V. Zaporozhets and others – M., 1983. – P. 212-220.
2. Brodsky I. A. Nobel lecture // Selected poems, 1957-1992. – M., 1994. – P. 464-487.
3. Krolevetskaya E. N., Kormakova V. N., Makotrova G. V. [etc.]. Competencies of a teacher of the 21st century: development of polysubjectivity: textbook. allowance. – Belgorod: Publishing House “BelGU” National Research University “BelSU”, 2022. – 256 p.
4. Krolevetskaya E. N. Polysubjectivity of the future teacher: concept and technology of development. – Belgorod: Publishing House “BelGU” National Research University “BelSU”, 2023. – 356 pp.
5. Kyshtymova I. M. Psychosemiotics of creativity. – Irkutsk: ISU Publishing House, 2008. – 579 p.
6. Madzhuga A. G., Vorovshchikov S. G., Golovneva E. V., Salimova R. M. Human tuning fork culture: conceptual approaches to the study of the phenomenon // Perspectives of science and education. – 2019. – No. 6 (42). – pp. 20-30. doi: 10.32744/pse.2019.6.2.
7. Rozin V. M. Personality and its study. – M.: Editorial URSS, 2004. – 232 p.
8. Rubinstein S. L. Being and consciousness. Man and the world. – St. Petersburg: Peter, 2003. – 512 p.
9. Decree of the President of the Russian Federation of November 9, 2022 No. 809 “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values”, ensuring the national security of the Russian Federation, the priority “Protection of traditional Russian spiritual and moral values, culture and historical memory.” – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/405579061/ (access date: 11/12/2023).
10. Earsnsky K.D. Russian school / Comp., preface, commentary. V. O. Gusakova / Rep. ed. O. A. Platonov. – M.: Institute of Russian Civilization, 2015. – 688 p.
11. Feldman Ya. A. Theory of levels and the human model. – M.: Good Word, 2005. – 224 p.
12. Frankl V. Man in search of meaning: collection. – M.: Progress, 1990. – 368 p.
13. Shakhova I. S. Development of patriotism among conscript soldiers during army service // News of the Irkutsk State University. Psychology Series. – T. 25. 2018. – P. 89-103.
14. Kidd M. A. Archetypes, stereotypes and media representation in a multi-cultural society // Procedia Social and Behavioral Sciences. – 2016. – Vol. 236. – R. 25–28. DOI: 10.1016/j.sbspro.2016.12.007.
15. Nagel J. Constructing Ethnicity – Creating and Recreating Ethnic-Identity and Culture // Social Problems. – 1994. – Vol. 41, is. 1. – R. 152–176. DOI: 10.1525/sp.1994.41.1.03x0430n.
PHILOSOPHY. RIGHT. SOCIETY
PETLITSYN Roman Andreevich
postgraduate student of Social and humanitarian disciplines sub-faculty of the North Caucasus Social Institute, Stavropol
KHVOSTOVA Svetlana Grigorievna
postgraduate student of Social and humanitarian sciences sub-faculty of the M. I. Platov South Russian State Polytechnic University (NPI), Novocherkassk
YAKSHIN Sergey Viktorovich
postgraduate student of Social and humanitarian sciences sub-faculty of the M. I. Platov South Russian State Polytechnic University (NPI), Novocherkassk
RISKS OF TECHNOLOGICAL DEVELOPMENT OF SOCIETY: INTERACTION OF INNOVATIONS, TRADITIONS AND SOCIAL NORMS
The article examines the risks that arise in the process of interaction between innovations, traditions and social norms. In the modern world, sociocultural risks of technological development are growing qualitatively and quantitatively, complicating the practices of interaction between innovations, traditions and social norms, and giving rise to many threats and challenges for individuals and society. In the process of the evolution of society and technological development, there is a transfer of social significance from religious norms to moral and legal norms, but this process is uneven. Media technologies, which are the result of technological development, enhance the growth of social myths in modern society. The use of social myths within sociocultural practices has a high risk potential. With the development of technology, the manifestation of positive and negative consequences of sociocultural risks is diversifying.
Keywords: society, risk, social norms, innovation, traditions, technology, social myths.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Balastrova K. N. Specificity of value orientations in the conditions of the formation of a knowledge society // Economic and humanitarian studies of regions. – 2017. – No. 6. – P. 66-69.
3. Beck U. Risk Society. On the way to another Modernity. – M, 2000. – 384 p.
4. Bernyukevich T.V. Technology in culture: the embodiment of the divine and the transformation of the natural (N.F. Fedorov, P.A. Florensky, F. Dessauer) // Postgraduate Bulletin of the Volga Region. – 2020. – No. 7-8. – pp. 31-36.
5. Denisenko S.V., Baklanova O.A., Baklanov I.S. Technology as a factor of social development // Eurasian Legal Journal. – 2020. – No. 8 (147). – pp. 445-447.
6. Dushina T.V., Mikeeva O.A. “Risk society” as a representative model of modern society // Personality. Culture. Society. – 2009. – T. 11. – No. 4 (51-52). – pp. 196-202.
7. Lukyanov G.I. Conceptual justification of risk in the context of social reality // Philosophy and culture. – 2011. – No. 11 (47). – pp. 59-65.
8. Lukyanov G.I., Chernysheva D.S. The concept of risk in the experience of social and philosophical reflection of our time // Vestnik VIEPP. – 2021. – No. 2. – P. 39-44.
9. Tenyakov A.V., Nagapetova A.G., Pokhilko A.D. Traditions, innovations and innovations in sociocultural development // Humanitarian and social sciences. – 2019. – No. 5. – P. 51-60.
10. Habermas Yu. Post-secular society – what is it? // Russian philosophical newspaper. – 2008. – No. 4, 5.
11. Habermas Yu. Between naturalism and religion. Philosophical articles. – M., 2011. – 336 pp.
12. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – R. 41-47.
13. Burlova Yu., Baklanova O. Normative Conditioning of the Consciousness of the Society Subject: Sociocultural Approach // Science Almanac of Black Sea Region Countries. – 2022. – No. 4 (32). – R. 3-9.
14. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclpusiones. – 2020. – V. 7. – No. 4. – R. 362-368.
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in philosophical sciences, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University; associate professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
TRANSFORMATIONS OF COMMUNICATIONS IN THE DIGITAL WORLD: PHILOSOPHICAL ANALYSIS (PART 1)
The article presents a philosophical analysis of changes in communication in the realities of the digital era. To reveal the stated goal, the author turns to the works of classics and modern thinkers. The main vectors of communication transformation have been recorded. At the conclusion of the first part of the work, the interim results of the study are summed up.
Keywords: communication, digitalization, society, technology, intelligence.
Bibliographic list of articles
1. Azaryan D. A., Pronchev G. B. Modern Internet technologies and personal security // Young scientist. – 2016. – No. 3. – P. 61-63.
2. Erokhin V. S., Erokhin N. V. Communication as a social phenomenon // Manuscript. – 2021. – T. 16. – No. 3. – P. 500-504.
3. Erokhin V. S. Trends in the transformation of social practices and personal identification // News of Saratov University. New episode. Series Philosophy. Psychology. Pedagogy. – 2022. – No. 1. – P. 9-13.
4. Zemskaya Yu. N. On changes in the communication landscape in the era of the Internet and social networks // Scientific journal. – 2015. – No. 4. – P. 187-190.
5. Ivanitsky V.V. Communication in animals: theory and facts // Russian Ornithological Journal. – 2009. – T. 18. – No. 470. – P. 407-425.
6. Levin S. M. Narrative approach, fiction and reality // Philosophical Journal. – 2018. – T. 11. – No. 3. – P. 184-187.
7. Nazarchuk A. V. Evolution of the concept of communication in social thought of the 20th century // Bulletin of the Russian Peoples’ Friendship University. Series Philosophy. – 2012. – No. 1. – P. 48-54.
8. Prochnev G. B. Transformation of models of social communication in the digital era // Bulletin of Moscow University. Series 18. Sociology and political science. – 2022. – T. 28. – No. 4. – P. 122-138.
9. Usoltseva N. A., Usoltsev Yu. M. Chat bot as an element of legal reality // Legal science. – 2020. – No. 9. – P. 72-75.
10. Lasswell H. The structure and function of communication in society, the communication of ideas. Institute for Religious and Social Studies, 1948. – P. 37-51.
11. Osipova N. G., Elishev S. O., Pronchev G. B. Mass information media and propaganda mouthpiece as a tool for manipulating and social inequality factor among the young people // Astra Salvensis. – 2018. – Vol. 6. – P. 541-550.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
BAYNAZAROV Irandyk Nailovich
Ph.D. in historical sciences, associate professor, Deputy Dean for educational and scientific work of the Nautical Faculty of the Kamchatka State Technical University
ABOUT SOME ASPECTS OF THE INFLUENCE OF LANGUAGE ON THE STATE OF NATIONAL IDENTITY
The article examines and analyzes some aspects of the influence of language on the state of national identity. For this analysis, the relationship between proficiency in the native language and the presence of national identity was considered. Individual peoples were randomly selected in alphabetical order according to the 2021 Russian Federation Census table. Thus, a significant part of this or that people does not speak their native language, which does not prevent them from identifying themselves as their own people. The analysis showed that national identity does not depend on proficiency in the national language.
Keywords: language, national identity, assimilation, national identity.
Bibliographic list of articles
1. Pythagoras. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38609.
2. Voltaire. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38589.
3. Pushkin A. S. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38519.
4. Turgenev I. S. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38560.
5. Leskov N. S. [Elethrone resource]. – Access mode: https://time365.info/aforizmi/aforizm/38605.
6. Belinsky V. G. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38531.
7. Ushinsky K. D. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/460508.
8. Shpet G. G. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38541.
9. Tolstoy L. N. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/460513.
10. Sholokhov M. A. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38596.
11. Wittgenstein L. J. I. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38571.
12. Lyle Campbell. Historical Linguistics. An Introduction. – Edinburgh: University Press, 2013. – P. 139.
13. Heidegger M. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38591.
14. [Electronic resource]. – Access mode: https://nsportal.ru/ap/library/literaturnoe-tvorchestvo/2015/01/11/pedagogicheskoe-nasledie-narodnogo-poeta#:~:text=In%20comprehensive%20education%20personality%20Mustai, everyone %20moral%20and%20moral%20views.
15. Evening of lyrics. – Moscow: Art, 1965.
16. [Electronic resource]. – Access mode: https://dagpravda.ru/kultura/toboj-zhivu-i-toboj-gorzhus/#:~:text=R.%20Gamzatov%20so%20wrote%20o, world%2C%20and%20I%20grateful %20him.”
17. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/Tom5_tab4_VPN-2020.xlsx.
PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate professor of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University, Krasnodar
SHMATKO Olga Nikolaevna
master’s degree student of the studying “Philosophy” of the North Caucasus Federal University; Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
FACTORS OF FORMATION AND FUNCTIONS OF HISTORICAL CONSCIOUSNESS AS A SOCIO-CULTURAL PHENOMENON
The article conducts a study of the formation factors and specific functions of historical consciousness as a complex phenomenon, including the maintenance and transmission of historical memory, as well as the generation of historical thinking among subjects of society who have the ability to critically perceive the surrounding reality and ongoing processes. Through the process of continuity and social inheritance, subjects of society adopt and transmit the knowledge, values, traditions and experience of previous generations. Historical consciousness participates in the formation of a worldview, supporting and developing cultural systems, preserving cultural memory and facilitating the knowledge of individuals and their groups of the social world. Historical consciousness helps subjects of society, based on understanding their role in historical processes, to create effective strategies for realizing the future.
Keywords: historical consciousness, historical memory, cultural and historical heritage, communication of subjects, identity formation, social philosophy, society.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A. The problem of the subject of historical knowledge: philosophical analysis // Bulletin of the Armavir State Pedagogical University. – 2018. – T. 1. – No. 1. – P. 24-35.
2. Baklanova O. A., Syomkin A. V., Yugai V. V. Value foundations of sociocultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
3. Zolotarev S.P., Smagina G.V. On the question of historical consciousness and tradition: social and philosophical aspect // Kant. – 2023. – No. 2 (47). – pp. 142-149.
4. Zolotarev S.P. Historical consciousness as a form of public consciousness // Bulletin of Kalmyk University. – 2022. – No. 2 (54). – pp. 99-105.
5. Lagunov A. A., Baklanov I. S., Ivanova S. Yu. Christian eschatology and social utopias: on the 100th anniversary of the birth of Protopresbyter Alexander Schmemann // Bulletin of the Russian Peoples’ Friendship University. Series: Philosophy. – 2022. – T. 26. – No. 1. – P. 110-119
6. Pokhilko A.D., Gubanova M.A., Loba V.E., Abdulaeva I.A. Dialogues of socio-historical consciousness // Bulletin of the Armavir State Pedagogical University. – 2023. – No. 1. – P. 173-183.
7. Tufanov E.V., Kravchenko I.N., Shmatko O.N. On some aspects of social life in the process of urbanization of society // Bulletin of Kalmyk University. – 2020. – No. 3 (47). – pp. 52-59.
8. Shmatko A. A. Historical experience in the structure of historicalconsciousness: representation and socio-philosophical reflection // Humanitarian and socio-economic sciences. – 2021. – No. 6 (121). – pp. 27-31.
9. Shmatko A. A., Pokhilko A. D., Gubanova M. A. Modalities of social transformations // Humanitarian and social sciences. – 2015. – No. 4. – P. 53-62.
10. Shmatko O. N. Historical and legal issues of state protection of cultural heritage objects in Russia // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 148-154.
11. Shmatko O. N. The place and role of the museum in the cultural and educational space of the university // Bulletin of the AIC of Stavropol. – 2014. – No. 2 (14). – P. 252-25
12. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – P. 41-47.
13. Baklanov I. S., Baklanova O. A., Shmatko A. A., Gubanova M. A., Pokhilko A. D. The Historical Past as a Factor of Sociocultural Transformation of Postmodernity // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 1. – P. 373-378.
14. Ivashova V. A., Tufanov E. V., Kravchenko I. N., Shmatko O. N., Yurchenko S. N. Preferences for physical education and sport activities among the young people on university campus // Journal of Pharmaceutical Negative Results. – 2022. – Vol. 13. – Special Issue. 6. – P. 947-952.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Olga Igorevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
ZUEVA Elizaveta Konstantinovna
postgraduate student of the direction “Philosophical anthropology, philosophy of culture 47.06.01FF” of the I. S. Turgenev Oryol State University
FOMINA Darya Sergeevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
SOCIAL AND PHILOSOPHICAL ANALYSIS OF THE PROBLEM FIELD AND THE ROLE OF DIGITAL CULTURE IN RUSSIA
The problem of digital culture in Russia is relevant in the modern world due to the rapid development of information technologies and their influence on all spheres of public life. Digital culture covers a wide range of aspects, from access to information and communication to digital skills and the acceptance of digital tools in everyday life. The study of digital culture in Russia requires a systematic approach and attention from the state, educational institutions, cultural institutions and the public in general. Digital culture is of philosophical interest as a new environment in which humanity gains new opportunities, but also faces new challenges and problems that require deep philosophical analysis.
Keywords: digital culture, modern education, philosophical analysis, digitalization, innovation.
Bibliographic list of articles
1. Alekseev A. Yu. Cognitive and anthropological problems in the study of electronic culture // Bulletin of the Faculty of Humanities of ISU. 2014. Vol. 7. pp. 35-40.
2. Bermus A. G. Current problems of pedagogical education in the era of digital transformation: theoretical review // Pedagogy. Questions of theory and practice Pedagogy. Theory & Practice. Issue 1. Volume 7. pp. 1-10. 2022 Issue 1. Volume 7. P. 1-10
3. Research of the Russian market of online education and educational technologies. [Electronic resource]. – Access mode: https://edmarket.digital/ (date of access: 11/30/2023).
4. Dobrinskaya D. E. Sociological understanding of the Internet: theoretical approaches to network research // Bulletin of Moscow University. Ser. 18. Sociology and political science. 2016. No. 3. P. 21-37.
5. The concept and essence of digitalization of the education system. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-suschnost-tsifrovizatsii-sistemy-obrazovaniya (Date of access: 12/01/2023).
6. Spherum. [Electronic resource]. – Access mode: https://sferum.ru/?p=start (Access date: 12/01/2023).
7. Digitalization of education in Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru/a/144216 (Access date: 12/05/2023).
8. Digital technologies in education: how modern tools help teachers. [Electronic resource]. – Access mode: https://ioe.hse.ru/digitalineducation (Access date: 12/01/2023).
PHILOSOPHY. RIGHT. SOCIETY
LARYUSHKIN Sergey Alexandrovich
postgraduate student of Philosophy and theology sub-faculty of the Kozma Minin Nizhny Novgorod State Pedagogical University
VENERATION OF NEW MARTYRS IN THE CONTEXT OF THE IDEALS OF HOLY RUSSIA: ON THE ISSUE OF NATIONAL IDENTIFICATION
The article presents a conceptual analysis of veneration of new martyrs in the context of the idea of Holy Russia. This concept is understood as a national ideal and includes the central Christian aspects (Christocentricity, soteriology, eschatology, deification), implemented in real life in the form of spiritual and moral norms, social ethics and peculiarity of statehood. The peculiar attitude of the Russian people to the veneration of their saints from the times of Ancient Russia to the present day is revealed, and it is shown that conceptually the veneration of the new martyrs preserves the originality, the essence of which is expressed in the fact that in all the spheres of life (ecclesiastical, state, social, domestic, etc.) faith is defended and deification is achieved. In political terms, the central idea of Holy Russia is the “symphony”, the synergy of governing powers, in social terms, Holy Russia assumes the presence of saints and sinners in its conceptual field, so the spiritual feat by the new martyrs is the result of the destruction of all the spiritual & national and internal political constants, and also illustrates the changes in the Christian worldview of the Russian society, acts as a guarantor of the preservation of spiritual and national traditions.
Keywords: Holy Russia, new martyrs, national ideals, originality, sainthood, “symphony” of governing powers, spiritual worldview.
Bibliographic list of articles
1. Beglov A.L. – [Electronic resource]. – Access mode: https://psmb.ru/a/k-osmysleniyu-fenomena-novomuchenikov-i-ispovednikov-rossiyskih.html (access date: 11/22/2023).
2. Lepakhin V.V. The image of holiness: spatial, temporal, religious and historiosophical categories of Holy Rus’. Part 4. – [Electronic resource]. – Access mode: https://pravoslavie.ru/340.html (access date: 11/22/2023).
3. Perevezentsev S.V. Holy Rus’ as the ideal and earthly reality of Russia, expressed in the exploits of saints. Part II. – [Electronic resource]. – Access mode: https://svyatye.online/articles/glavnoe/sergey-perevezentsev-svyataya-rus-kak-ideal-i-zemnaya-realnost-rossii-vyrazhennaya-v-podvigakh-svyat (access date: 12/21/2023 )
4. Perevezentsev S.V. Svyatorusskoe kingdom. The image of Holy Rus’ in Russian history. Second Arzamas Council Meetings (October 16-18, 2003 Righteous of the Russian Land. Historical and local history seminar. Materials / Arzamas State Pedagogical Institute named after A.P. Gaidar. – Arzamas: AGPI. 2003. – 271 p.
5. Fedotov G.P. Saints of Ancient Rus’. – M.: Moscow worker, 1990. – 270 p.
6. Shaposhnikov L. E. Specificity of Russian holiness. Second Arzamas Cathedral Meetings (October 16-18, 2003 Righteous of the Russian Land. Historical and local history seminar. Materials / Arzamas State Pedagogical Institute named after A.P. Gaidar. – Arzamas: AGPI. 2003. – 271 p.
PHILOSOPHY. RIGHT. SOCIETY
TOLKACHEV Roman Vladimirovich
student of the Far Eastern Federal University, Vladivostok
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
BLIZNETSOV Alexander Sergeevich
student of the Far Eastern Federal University, Vladivostok
STANKEVICH Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MEZIN Maxim Kirillovich
student of the Far Eastern Federal University, Vladivostok
EURASIANISM IN THE MODERN CONTEXT: FROM GUMILEV’S PASSIONARITY TO THE POLITICS OF MULTIPOLARITY
This article highlights the evolution of the idea of Eurasianism from the beginning of the 20th century to the present, with a special focus on the philosophy of Lev Gumilev and the influence of his theory of passion on the formation of neo-Eurasianism. The influence of these ideas on Russian domestic and foreign policy, as well as on the general direction of geopolitical development in the post-Soviet space, is considered. Both the support of these ideas from political leaders and criticism from the scientific community are analyzed. Special attention is paid to the role of neo-Eurasianism in creating a multipolar world and a pragmatic approach to the integration of post-Soviet states.
Keywords: Eurasianism, Lev Gumilev, passionarity, neo-Eurasianism, geopolitics, multipolar world, Russia, post-Soviet space, pragmatic Eurasianism.
Bibliographic list of articles
1. Berdyaev N. A. Slavophilism and the Slavic idea // Fate of Russia (Experiments on the psychology of war and nationality) / Coproduction, introductory article and comments by A. A. Galaktionov. – M.: G. A. Leman and S. I. Sakharov, 1918. – P. 135-142. — 240 s.
2. Andreev V.F. Northern Guard of Rus’: Essays on the history of medieval Novgorod. – L.: Lenizdat, 1989. – ISBN 5-289-00256-1.
3. Galaktionov A. A., Nikandrov P. F. Slavophilism, its national sources and place in the history of Russian thought // Questions of Philosophy. – 1966. – No. 3.
4. Sobolev A.V. Eurasianism // New philosophical encyclopedia: in 4 volumes / Institute of Philosophy RAS; National social-scientific fund; Pred. scientific-ed. Council V. S. Stepin. – M.: Mysl, 2000-2001. — ISBN 5-244-00961-3.
5. Laruelle M. “Russia as a civilization: The imperialist ideology of neo-Eurasians” // Russian politics and international relations. – 2008.
PHILOSOPHY. RIGHT. SOCIETY
FOMIN Andrey Alexandrovich
postgraduate student of Cultural studies and fine arts sub-faculty of the Ivanovo State University, Shuya branch
THE EVOLUTION OF IDEAS ABOUT ETHOS AND ITS MODERN INTERPRETATION
One of the serious challenges of our time is extreme moral relativism, a system of double standards. It is extremely important to return to the spiritual constitutive, which actualizes the appeal to the concept of ethos. The article traces the evolution of the understanding of the ethnos. A reasonable conclusion is made not only about the polysemanticity of the term, but also the need to clarify it. The gradual complication of the term in the history of philosophical thought is stated, while the globality of the ethos is questioned, although its universality is not rejected. The author comes to the conclusion about the importance of defining a national ethos, first of all, the ethos of the Russian warrior.
Keywords: ethos, ethics, moral values, ethos of the Russian warrior.
Bibliographic list of articles
1. Liddell H. G., Scott R. A Greek-English Lexicon // Revised by Sir Henry Stuart Jones. – Oxford: Clarendon Press, 1996.
2. Platonov-Polyakov R. S. Semantics of the word “ἦθος” in ancient Greek culture of the 8th – 4th centuries. // Ethical thought. – 2015. – T. 15. – No. 2. – P. 26-52.
3. Golik N.V. The mystery of ethos // Religion and morality in the secular world: Materials of a scientific conference. – SPb.: SPb. Philosophical Society, 2001. – P. 86.
4. Guseinov A. A. Great moralists. – M.: Republic, 1995. – 350 p.
5. Gompertz T. Greek thinkers. – St. Petersburg: Aletheia, 1999. – T. 1. – 606 pp.
6. Schwartz E. Ethik der Griechen. – Stuttgart: K. F. Koehler Verlag, 1951. – 269 s.
7. Aristotle. Nicomachean Ethics. – M.: Berlin: Direct-Media, 2020. – 222 p.
8. Golik N.V. Ethos and its rhythm. // Social analytics of rhythm. Collection of conference materials. – St. Petersburg: St. Petersburg Philosophical Society, 2001. – P. 36.
9. Losev A.F. History of ancient aesthetics: in 8 vols. T. 5. – Kharkov: Folio; M.: AST, 2000. – 960 pp.
10. Mill J. St. System of syllogistic and inductive logic: Statement of the principles of proof in connection with methods of scientific research. – M.: LENAND, 2011. – 832 p.
11. Avdeeva I. A. Ethos as an ethical and philosophical problem in the context of modern research // Bulletin of TSU. – 2013. – Issue. 7. – pp. 250-256.
12. Weber M. Selected works. – M.: Progress, 1990. – 808 p.
13. Sheler M. Selected works. – M.: Gnosis, 1994. – 490 pp.
14. Merton R. K. The Sociology of science. Theoretical and Empirical Investigations/Ed. By N.W. Storer. – Chicago: Univ. of Chicago Press, 1973. – 609 p.
15. Storer N. W. Introduction // Merton R.K. The Sociology of science. Theoretical and Empirical Investigations/Ed. By N.W. Storer. – Chicago: University of Chicago Press, 1973. – Pp. xi-xxxi.
16. Demina N.V. The concept of the ethos of science: Merton and others in search of the social geometry of norms // Sociological Journal. – 2005. – No. 4. – P. 5-47.
17. Lazar M. G. Ethos of science in the sociology of R. Merton: fate and status in science studies // Sociology of science and technology. – 2010. – T. 1. – No. 4. – P. 124-139.
18. Ziman J. Prometheus bond. Science in a dynamic steady state. – Cambridge: Cambr. Univ. Press, 1994. – 289 p.
19. Geertz K. Interpretation of cultures. – M.: ROSSPEN, 2004. – 560 p.
20. Paleev R. Different images of man (Maria Ossovskaya vs Max Weber) // Philosophical anthropology. – 2017. – T. 3. – No. 1. – P. 64-79.
21. Ossovskaya M. Knight and bourgeois: Studies in the history of morality. – M.: Progress, 1987. – 528 p.
22. Ancel E. Ethos and history. – M.: Mysl, 1988. – 126 p.
23. Plakhov V. D. Russia: ethological culture and modernity // Humanitarian culture as a factor in the transformation of Russia: Materials of the international scientific and practical conference. – St. Petersburg: SPbGUP, 1998. – P. 120-122.
24. Guseinov A. A. Is a global society possible without a global ethos? // Humanitarian culture as factor of transformation of Russia: Materials of the international scientific and practical conference. – St. Petersburg: SPbGUP, 1998. – pp. 57-59.
25. Guseinov A. A. Philosophy. Morality. Policy. – M.: Akademkniga, 2002. – 300 pp.
26. Neklessa A. I. Ethos of the global world. – [Electronic resource]. – Access mode: https://archipelag.ru/geoeconomics/global/challenge/etos (access date: 12/03/2023).
27. Apresyan R. G. Professional, applied and practical ethics. – [Electronic resource]. – Access mode: https://iphras.ru/uplfile/ethics/RC/ed/kaunas/apr.html#_ftnref3 (date of access: 12/03/2023).
28. Smirnov G. S., Smirnov D. G. Ethos of (self) limitations: noospheric aspectization // Ethical studies. – 2020. – Br. 5. – Book. 3. – pp. 210-222.
29. Didov P.V. Military ethos in the Orthodox tradition: dis. …cand. Philosopher Sci. – St. Petersburg: RGPU, 2014. – 135 p.
30. Koroteev S.V. Ethos of St. Petersburg: dis. …cand. Philosopher Sci. – St. Petersburg: RGPU, 2007. 178 p.
31. Avdeeva I. A. Ethos as an ethical and philosophical problem in the context of modern research // Bulletin of TSU. – 2013. – Issue. 7. – pp. 250-256.
32. Koval E. V. Ethos of the information society: abstract. dis. …cand. Philosopher Sci. – Saransk, 2011.
33. Grigorieva D. D. Modern social modes of ethos representation: advertising: dis. …cand. Philosopher Sci. – Tver, 2018. – 158 p.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
BAYNAZAROV Irandyk Nailovich
Ph.D. in historical sciences, associate professor, Deputy Dean for educational and scientific work of the Nautical Faculty of the Kamchatka State Technical University
ANALYSIS OF THE CURRENT STATE OF NATIONAL IDENTITY OF THE PEOPLES OF THE RUSSIAN FEDERATION ACCORDING TO THE RESULTS OF THE 2021 POPULATION CENSUS
The article examines and analyzes the current state of national identity based on the results of the 2021 census in the Russian Federation. Thus, census data showed that almost 17 million citizens of the country demonstrate a lack of national identity. Possible reasons for this phenomenon are the globalization of the information space and the possibilities of Internet communications. In addition, the abolition of the indication of nationality in the Russian passport played a role. Also, the erosion of national identity was influenced by the so-called double identity, contrary to the traditional definition of nationality by the father or mother of the child in mixed families.
Keywords: national identity, assimilation, national identity, population census.
Bibliographic list of articles
1. Etymological dictionary of the Russian language = Russisches etymologisches Wörterbuch: in 4 volumes / author-comp. M. Vasmer; lane sleep idop. member cor. ANSSSR O. N. Trubacheva.- Ed. 2nd, erased – M.: Progress, 1986. – T.I: E – Male. – P. 158.
A. R. Chattaev:
Public contract is a tool for effective management of public assets. Public procurement and business
Interview with Azamat Ruslanovich Chattaev, Candidate of Legal Sciences, Associate Professor of the Department of Civil Law and Process of the ANO VO “Business Career Institute”, Moscow, founder and director law firm “Chattaev Protection”.
EURASIAN INTEGRATION
KHALIPOV Sergey Vasiljevich
Ph.D. in Law, associate professor, Head of the Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of Russia
RUSSIA’S CUSTOMS TARIFF REGULATION IN THE EURASIAN ECONOMIC UNION
The article provides a legal analysis of customs tariff regulation of foreign trade in goods. Acts of international trade law, law of the Eurasian Economic Union, of legislation of the Russian Federation are considered. The reasons for similarity of customs and customs tariff regulation are pointed out. The shortcomings of the regulatory framework for application of customs duties are noted. Definitions of customs tariff regulation of the Union and Russia are backed up and formulated. Specific measures of customs tariff regulation for import and export customs duties are listed. The competence and possibilities of the Russian Federation for using customs tariff measures in the context of membership in the Union are shown. Attention is paid to retaliatory measures in the form of increased rates of import customs duties. It is discussed that they are different from measures of customs tariff regulation and that there is no target connection with the Common Customs Tariff of the Eurasian Economic Union.
Keywords: customs tariff regulation, import and export customs duties, Common Customs Tariff of the Eurasian Economic Union, tariff exemptions, tariff quotas, tariff preferences, retaliatory measures, anti-dumping and countervailing duties, non-tariff measures, the law of the World Trade Organization, General Agreement on Tariffs and Trade.
Bibliographic list of articles
1. Alexandrova L.I. The role of customs authorities in the regulation of foreign economic activity. Current problems of foreign economic activity in the Russian Federation / Ed. ed. Levaeva L. A., Kolesnikova R. A. – M.: VAVT, 2020. – P. 22-23.
2. Alferev T. P. Financial and legal regulation of customs tariff activities as a source of formation of the budget of the Russian Federation: dis. …cand. legal Sci. – M., 2014. – P. 52.
3. Dedusenko A. S. International trade law (concept, principles and basic institutions): dis. …cand. legal Sci. – Rostov-on-Don, 2006. – 225 p.
4. Kozyrin A. N. Legal regulation of the customs tariff mechanism (comparative legal research): dis. … doc. legal Sci. – M, 1994. – 404 p.
5. International classification of non-tariff measures. UN Publishing House UNCTAD. 2019. 94 pp.
6. Law of the World Trade Organization (WTO): textbook / Ed. ed. V. M. Shumilov and I. M. Lifshits. – M.: KNORUS, 2023. – 252 p.
7. Tyurina N. E. Public interest in international trade law: dis. … doc. legal Sci. – Kazan, 2015. – 443 pp.
8. Khalipov S.V. Economic neutrality of international customs law. Russian Foreign Economic Bulletin. – 2022. – No. 1. – P. 53-65.
9. Khapilin S. A. Development of Eurasian economic integration based on the modernization of the customs regulation mechanism: dis. … doc. econ. Sci. – Rostov-on-Don, 2015. – 510 pp.
10. Shumilov V. M. International economic law in the context of globalization of the world economy (problems of theory and practice): dis. … doc. legal Sci. – M., 2001. – 400 p.
EURASIAN INTEGRATION
KAZAKOV Nikita Andreevich
postgraduate student of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology, lecturer at the UUSiT College
AKHTYAMOVA Evgeniya Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
SCIENTIFIC RESEARCH OF THE HUMAN GENOME WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION
Human genome research and biomedicine are relevant and promising fields of science, as well as one of the most important areas in the world community, in particular in the Eurasian Economic Union. This article analyzes the legislative acts of the member states of the Union, which will highlight similar and different characteristics. This will help to note the current state in the legal regulation of this area, as well as highlight problematic aspects. The results of the research conducted may have wide practical significance, which will improve the quality of medical care and improve the level of health of citizens.
Methods: comparisons, descriptions and interpretations, dialectical, formal-logical, structural-system analysis and synthesis.
Keywords: human genome, biomedicine, biomedical cell products, EAEU.
Bibliographic list of articles
1. Kilchevsky, A. V., Lemesh V. A., Sycheva E. A. Development of genomic biotechnologies in the Republic of Belarus: achievements and prospects // Molecular and Applied Genetics. 2014. T. 18. pp. 7-19. EDN ZDFWGD.
2. Symanovich A. A. Preparation and characterization of biomedical cell products based on hepatocytes and mesenchymal stem cells differentiated in the hepatogenic direction: abstract. dis. …cand. honey. Sci. Minsk: Minsk Scientific and Practical Center for Surgery, Transplantology and Hematology, 2019
3. Akilzhanova A. R., Kozhamkulov U. A., Kairov U. E., Rakhimova S. E., Akhmetova A. Z., Erezhepov D. A., Molkenov A. B., Abilova Zh. M., Zhumadilov Zh. Sh. Study of genetic variants associated with hypertension, obesity and diabetes in individuals of the Kazakh population for subsequent study of the relationships between genetic variants and the metabolome // Science and Health. 2016. No. 4. P. 30-42.
4. Kairov U., Molkenov A., Sharip A., Rakhimova S., Seidualy M., Ri A., Kozhamkulov U., Zhabagin M., Kim Ji, Lee J.H., Terwilliger J.D., Seo J. S., Zhumadilov Z., Akilzhanova A. Whole-genome sequencing and analysis of genomic variants of Kazakhs. [Electronic resource]. – Access mode: https://www.frontiersin.org/articles/10.3389/fgene.2022.902804/full (access date: 12/13/2023).
5. Kashirkina A. A. Eurasian Economic Union: expansion of borders and legal reality // Journal of Russian Law. 2016. No. 11 (239). pp. 160-170. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evraziyskiy-ekonomicheskiy-soyuz-rashshirenie-granits-i-pravovaya-realnost (date of access: 12/14/2023).
EURASIAN INTEGRATION
KHALIPOV Sergey Vasilyevich
Ph.D. in Law, Associate Professor, Head of Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation, associate professor of International transport and logistics sub-faculty of the Moscow State Institute of International Relations (University ) of the MFA of Russia
THEORY AND PRACTICE OF SUB-NORMATIVE REGULATION OF FOREIGN TRADE IN GOODS IN THE EURASIAN ECONOMIC UNION
The article considers the scientific category of sub-normativity and its application in public law regulation of foreign trade in goods. The theoretical views on sub-normative regulation of public relations are reviewed. Individual characteristics of sub-normativity are emphasized. The legal framework of the Eurasian Economic Union, national legislation on customs regulation allowing to build up an individual legal procedure for the movement of specific types of goods across the customs border, are analyzed. The possibilities for foreign trade business to choose customs operations and procedures are demonstrated. Attention is paid to the creative application of legislation by state authorities. The main directions of sub-normative activity of customs authorities in the field of improvement of customs control and simplification of customs operations are shown.
Keywords: the law of the Eurasian Economic Union, sub-normative regulation, creative application of law, foreign trade in goods, customs declaring procedure, prohibitions and restrictions, Foreign Economic Activities Commodity Nomenclature of the Eurasian Economic Union, customs operations and customs procedures, customs control.
Bibliographic list of articles
1. Alekseev S.S. The mechanism of legal regulation in a socialist state. – M.: Legal. lit., 1966. – 187 p.
2. Ionicheva V. N. Client-oriented mechanisms for implementing state policy in the customs sector: Abstract of thesis. dis. …cand. econ. Sci. – M., 2013. – 25 p.
3. Kartashov V. N. Institute of analogy in Soviet law (Theory issues): Textbook. allowance / Ed. prof. N. I. Matuzova: Institute of higher education. and Wednesday specialist. education of the RSFSR. Sarat. legal Institute named after D.I. Kursky. – Saratov. 1976. – 61 p.
4. Kulapov V. L. Subnormative legal regulation as a means of overcoming the defectiveness of normative regulation. The human world: normative dimension: collection of proceedings of the international scientific conference. – Saratov: Publishing house of the State Educational Institution of Higher Professional Education “Saratov State Academy of Law”, 2010. – 288 pp.
5. Lazarev V. A., Voronov V.I. International logistics: textbook. – M.: Knorus, 2024. – 236 p.
6. Mednaya Yu. V. Subnormative legal regulation of public relations: dis. …cand. legal Sci. – Saratov, 2008. – 231 p.
7. Suleymanov Z. E. Concept of development of customs and logistics systems under risk conditions: Author’s abstract. dis. … doc. econ. – M., 2019. – 51 p.
8. Theory of State and Law: Textbook / Ed. V. K. Babaeva. – M.: Yurist, 2003. – 592 p.
9. Fedorenko R.V. Development of outsourcing of services in the customs sector: Author’s abstract. dis. …cand. econ. Sci. – Saratov, 2008. – 22 p.
10. Khalipov S.V. Customs law: questions and answers: educational and practical guide. – M.: Direct-Media, 2023. – 164 p.
INTERNATIONAL LAW
NIGMATULLIN Rishat Vakhidovich
Ph.D. in Law, professor, Head of International law and international relations sub-faculty, Deputy Director for International Activities and Public Relations of the Institute of Law of the Ufa University of Science and Technologies
NAZARZOD Behruz Rustam
Third Secretary of the Consulate General of the Republic of Tajikistan in Ufa
CONSULAR RELATIONS AS A FACTOR IN ENSURING INTERSTATE RELATIONS BETWEEN THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN
Consular relations play an important role in modern international relations, ensuring the rights of citizens of different countries in the implementation of official, business and personal contacts. The establishment of consular offices of the Republic of Tajikistan in the cities of the Russian Federation contributes to the development of trade, economic, cultural and scientific contacts between the constituent entities of Russia and the regions of Tajikistan. The Republic of Bashkortostan makes a significant contribution to the development of interstate relations between the two countries, actually being an actor of public diplomacy.
Keywords: Russian Federation, Republic of Tajikistan, Republic of Bashkortostan, Consulate General, cooperation, foreign economic relations.
Bibliographic list of articles
1. Dolgov V.I. Representative offices of the Russian Ministry of Foreign Affairs on the territory of the Russian Federation / V.I. Dolgov // Law and management. XXI Century. – 2011. – No. 4 (21). – pp. 100–106.
2. Nigmatullin R.V., Suleymanova R.R., Nazarzoda B.R. On the prospects for cooperation between the Russian Federation and the Republic of Tajikistan in the field of education // Eurasian Legal Journal. – 2023. – No. 18 (183). – pp. 19–22.
INTERNATIONAL LAW
ABDULLAEVA Khadizhat Abdulkadyrovna
Ph.D. in Law, associate professor of Economic, legal and general educational disciplines sub-faculty of the branch of the Dagestan State University”, branch in Kizlyar
ABDULAEVA Ilmira Abduragimovna
Ph.D. in philosophical sciences, associate professor, Head of Economic, legal and general educational disciplines sub-faculty of the branch of the Dagestan State University”, branch in Kizlyar
INTERNATIONAL STANDARDS OF HUMAN AND CIVIL RIGHTS TO INFORMATION AND THEIR DEVELOPMENT IN THE LEGISLATION OF VARIOUS STATES
The article examines the study of international human rights standards for information and their development in the legislation of different states. The right of access to information is of particular importance in the context of the development of the information society in the modern world. The introduction of information technologies in all spheres of the life of the state and society necessitates the study of theoretical and practical aspects of the implementation of the human right to access information. The tendency to increase the role of information in the life of society ensures the level of development of the state, which depends on the possibility of mastering information, the effectiveness of its use for the benefit of man. There are scientific studies in the legal literature where the right to access information is considered an independent constitutional right and its relationship with the right to information is not studied. It seems illogical to consider exclusively the right of access to information, since a comprehensive study of it can be carried out only if its interaction and correlation with the right to information are analyzed.
Keywords: the right to access information, overcoming the conflict between natural and positive law, the importance of information for humanity, international standards of human and civil rights to information, dissemination of information on the Internet .
Bibliographic list of articles
1. Agapov A. B. Problems of legal regulation of information relations in Russia // State and Law. – 2003. – No. 4. – P. 125-126.
2. Belevskaya Yu. A. Information as an object of legal regulation of constitutional rights of man and citizen // Constitutional and municipal law. – 2007. – No. 12. – P. 15-17.
3. Birkinshaw P European public law: Achievement and problem. – The Hague, Kluwer. Second edition, 2014. – 659 pp.
4. Ishchenko E. P., Toporkov A. A. Forensics: textbook / ed. E. P. Ishchenko. – M., 2010. – P. 377.
5. Kretova E. A. On the issue of information as an object of public law // Law and Politics. – M., 2007. – P. 124.
6. Korotkova M. V. The place of the constitutional right of a person and a citizen to information in the system of constitutional rights // Bulletin of the Saratov State Law Academy. – 2012. – No. 4. – P. 59-63.
7. Korotkova M. V. The place of the constitutional right of a person and a citizen to information in the system of constitutional rights // Bulletin of the Saratov State Law Academy. – 2012. – No. 4. – P. 60
8. Kuznetsov D. A. Genesis of organizational and technical support of the Internet in the aspect of its legal regulation // History of State and Law. – 2008. – No. 1. – P. 5-7.
9. Right to access information. Access to open information / Answer. ed. I. Yu. Bogdanovskaya. – M.: JSC “Yustitsinform”, 2009. – P. 19.
10. Constitution of the Russian Federation: // SPS ConsultantPlus. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 11/22/2023).
11. Statute of the Council of Europe (ETS N 1) (Adopted in London on 05/05/1949). [Electronic resource]. – Access mode: https://base.garant.ru/2540600/ (access date: 12/02/2023).
12. Okinawa Charter for the Global Information Society [Electronic resource]: adopted July 22. 2000 by the leaders of the G8 countries // UNESCO website. [Electronic resource]. – Access mode: http://www.unesco.org/new/fileadmin/MULTIMEDIA/FIELD/Tashkent/pdf/okinawa_charter_ru.doc (access date: 11/19/2023).
13. Human rights and legal proceedings. Collection of international documents. – 2007. – P. 12.
14. Constitutions of the states of the American continent: In 3 volumes – M.: Foreign publishing house. lit., 2006. – T. 1. – P. 49-53.
15. “Universal Declaration of Human Rights” (adopted by the UN General Assembly on December 10, 1948). [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 11/12/2023).
16. Collection of legislation on constitutional (state) law of the Russian Federation. – Rostov-n/D.; M.: Phoenix, Zeus, 2007. – pp. 347-348.
17. Official website of the Federal Service for Supervision of Communications, Information Technologies and Mass Communications. [Electronic resource]. – Access mode: http://zapret-info.gov.ru/(access date 11/22/2023).
18. [Electronic resource]. – Access mode: http://2017.russianintemetforum.ru/news/1298/ (access date: 11/21/2023).
INTERNATIONAL LAW
LEBEDEVA Yana Igorevna
researcher of the Human Rights Sector of the Institute of State and Law of the Russian Academy of Sciences
NATIONAL AND EUROPEAN IDENTITY IN THE LEGAL ORDER OF THE EUROPEAN UNION
Summary
The article analyzes the evolution of the concepts of national and European identity, and their relationship in the EU legal order. The European Union is nowadays an international organization that proclaims the existence of certain values that constitute its identity. The content of the European identity was quite clearly defined first in the organization’s political and then legally binding acts. Throughout the history of European integration, Member States have repeatedly declared their shared values, which has become the main prerequisite for the formation of a common European identity. A turning point in this regard is the introduction of the notion of national identity in the Maastricht, which was not defined in any way, but proclaimed to be different from the Union-wide concept. Moreover, as a result of the competing positions of the EU Court of Justice and the constitutional courts of Member States, the notion of national identity has become very controversial and mosaic. In part, Member States saw an introduction of national identity clause in the constituent treaties as an opportunity to preserve sovereign powers and to apply Union law selectively. Although the concept of national identity has since been considerably clarified in the text of the Lisbon Treaty, and the ECJ has resolved several cases relating to it, its legal content in the Union law, without considering the positions of some supreme courts of the Member States , continues to be very abstract.
Keywords: supranationality, European Union, European law, European identity, European values, national identity, state sovereignty
Bibliographic list of articles
1. Möckli D. European Foreign Policy During the Cold War: Heath, Brandt, Pompidou and the Dream of Political Unity. London, New York: I.B. Tauris, 2009.
2. Schroeder W. The Rule of Law as a Value in the Sense of Article 2 TEU: What Does It Mean and Imply? // Defending Checks and Balances in EU Member States / Ed. by A. von Bogdand, and others. Berlin: Springer, 2013.
3. Mangiameli, S. The European Union and the Identity of Member States // L’Europe en Formation. 2013. No. 3. P. 151-168.
4. Konstadinides T. The Constitutionalization of National Identity in EU Law and Its Implications. [Electronic resource]. – Access mode: https://ssrn.com/abstract=2318972.
5. Toggenburg G. Cultural Diversity at the Background of the European Debate on Values – An Introduction // European Values and Diversity / Ed. by F. Palermo, G. Toggenburg. Bolzano: EURAC, 2003.
6. Wouters J. From an Economic Community to a Union of Values: The Emergence of the EU’s Commitment to Human Rights // The European Union and Human Rights: Law and Policy / J. Wouter, and others. Oxford: Oxford University Press, 2020.
7. Klabbers J. Sui Generis? The European Union as an International Organization // A Companion to European Union Law and International Law (First Edition) / Ed. by D. Patterson, A. Södersten. Oxford: Wiley, 2016.
INTERNATIONAL LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
MODERN CHALLENGES OF ENSURING THE MECHANISM OF INTERNATIONAL LEGAL PROTECTION OF THE OZONE LAYER
The article is devoted to the study of the legal foundations and the legal mechanism for ensuring the international legal protection of the ozone layer. It is concluded that, according to the current international legal framework, there is no international independent body with control and supervision functions, as well as the possibility of conducting international investigations for violations of the provisions of the Vienna Convention “On the Protection of the Ozone” Layer” and the Montreal Protocol thereto, entails the possibility of a significant excess of the destructive impact on the ozone layer by many States, deliberately underestimating the final values to the limits established by an international agreement. In addition, there is no unified legal approach to the establishment of international legal liability for violation of the provisions on the protection of the ozone layer. The legal, organizational and political difficulties identified in the study in ensuring the mechanism of international legal protection of the ozone layer do not allow for a harmonious, effective and cohesive struggle of States in solving a transnational environmental problem.
Keywords: environmental accident, environmental disaster, protection of the atmosphere, ozone layer, international legal responsibility, ozone hole, frion.
Bibliographic list of articles
1. Ermola M. S., Chervyakovskaya E. G. Legal concept of the ozone layer // Modern conditions of integration processes in science and education: Collection of articles on the results of the International Scientific and Practical Conference, Kazan, April 21, 2023. – Sterlitamak: Limited Liability Company “Agency for International Research”, 2023. – P. 110-112.
2. Yusupova Z. A., Mukhametgareeva N. M. On the Issue of the Effectiveness of International Environmental Law // Rule of law: theory and practice. – 2020. – T. 4 (62). Part 2. – pp. 157-164.
INTERNATIONAL LAW
TULUPOVA Elena Olegovna
Ph.D. in political sciences, associate professor of Theory of state and law sub-faculty of the Ufa University of the Sciences and Technology
DEMIDOVA Tatyana Konstantinovna
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty of the Ufa University of the Sciences and Technology
INTERNATIONAL LAW: DIFFICULTIES OF APPLICATION AT THE PRESENT STAGE
Currently, international law is experiencing enormous difficulties. The norms of this industry are ignored by a number of countries; many of the existing norms are interpreted in favor of the powerful, giving them double meaning. Basic principles – the basis of all international contacts – are seriously violated or simply ignored. All this undoubtedly leads to destabilization in the international arena. Meanwhile, international law is only a tool and it should be in the hands of those who know how to use it correctly, without violating the rights of other subjects of international relations.
Keywords: international law, problems, prospects, challenges, principles and norms.
Bibliographic list of articles
1. Law of international organizations: textbook for universities / A. Kh. Abashidze [etc.]; edited by A. Kh. Abashidze. — 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 565 p. — (Higher education).
INTERNATIONAL LAW
BATURINA Elena Viktorovna
adjunct of the Facultyof Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
INTERNATIONAL LEGAL AND INSTITUTIONAL FOUNDATIONS OF THE CONCEPT OF FORMING A COMMON SPACE SECURITY AT THE REGIONAL LEVEL
The article examines the issues of the emergence in international legal relations of the category “common space security”, as well as related concepts in relation to cooperation between member states of the European union (EU) in areas that have the most important common interests. Development researched integration processes in order to improve operational efficiency police authorities, justice, justice in order to create a common security space EU.
In addition, the article revealed prerequisites and trends for the formation of a common security space in post-Soviet space. In this regard, the issues of creating systems regional collective security of the Commonwealth of Independent States. Particular attention is paid to the problem of ensuring joint security of Russia and the republics of Abkhazia and South Ossetia.
Keywords: common security space, integration, space of freedom, justice, regional security, harmonization of national legislation, cooperation, balance interests.
Bibliographic list of articles
1. European Union in the 21st century: a time of testing / Ed. O. Yu. Potemkina, N. Yu. Kaveshnikova, N. B. Kondratyeva. – M.: The whole world, 2012. – 658 p.
2. Voynikov V.V. Police and legal cooperation in criminal cases: legal aspects // Russia-EU relations on the threshold of change. Liber Amicorum in honor of Professor L. M. Entin. – M.: Axiom Publishing House, 2009. – 560 pp.
3. Voynikov V.V. The crisis in Europe and the problem of reforming legislation in the sphere of the European space of freedom, security and justice // Greater Europe in a global world: new challenges – new solutions / Ed. Al. A. Gromyko. – M.: Institute of Europe RAS, 2013 – pp. 82-93.
4. Kobets P. N. Legal regulation of cooperation between law enforcement agencies of the CIS member states in the fight against human trafficking // Innovative science. – 2017. – T. 2. No. 3. – P. 259.
INTERNATIONAL LAW
BOLOTOVA Altynai Bolotovna
Far East Golden Bridge Co., Limited
ANTI-FOREIGN SANCTIONS LAW OF THE PRC IN THE CONTEXT OF US UNILATERAL ECONOMIC SANCTIONS
The pretext of “threats” serves as a justification for the widespread use of unilateral economic sanctions of the USA. China responds to this by enacting the Anti-Foreign Sanctions Law of the People’s Republic of China, ensuring the right to take “countermeasures” as recognized by international law. While achieving some success, there are still pressing issues to be addressed, such as further clarifying the division of enforcement responsibilities and better reconciling the compatibility of countermeasures under this law with China’s international treaty obligations. This article provides a comprehensive analysis of the Anti-Foreign Sanctions Law of the PRC. The document delves into the legal status and authorization of the Anti-Foreign Sanctions Law, outlining its provisions, application scenarios, and the scope of countermeasures.
Keywords: U.S. unilateral economic sanctions, institutional systems, legality, countermeasures, Anti-Foreign Sanctions Law of the People’s Republic of China.
Bibliography
1. Ma Xin, Xu Zhaoying: “U.S. Financial Sanctions on Russia”, “American Studies”, Issue 5, 2015. 5 期).
2. U.S. International Trade Commission, “Overview and Analysis of Current US Unilateral Economic Sanctions.” [Electronic resouce]. – Access mode: http://www.usitc.gov/publications/docs/pubs/332/PUB3124.
3. Li Bojun: “Research on the Principle of Non-Interference in Internal Affairs – Analysis of International Law and International Relations”, PhD thesis of Wuhan University, April 2005) 关系分析”,武汉大学博士论文,2005年4月).
4. Peng Yue: “Security Exception Issues in the Sino-US Trade War”, “Journal of Wuhan University”, Issue 1, 2019 ,2019年第1期).
INTERNATIONAL LAW
GU Wensho
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
RESOLUTION OF DENUNCIATION DISPUTES IN INTERNATIONAL TREATIES
Based on the analysis of actual court cases regarding denunciation, the author presents a study on the resolution of disputes related to denunciation in international treaties. By examining the legal positions, the author focuses on the resolution of disputes in bilateral investment treaties as the main example of conflict resolutiontion. The author analyzes the approaches of tribunals and commentators after denunciation in the case of bilateral investment treaties, the consideration of claims by international filed courts between the denunciation of the treaty by a state and the date of its withdrawal. Using methods of studying judicial practice and applying case law, the author examines the decision of the International Court of Justice on the territorial and maritime dispute between Nicaragua and Colombia, the denunciation of the American Convention by Trinidad and Tobago, as well as its consequences for Venezuela’s obligations under the competence of the Commission, and the jurisdiction of the Court. The author reaches the following conclusions. There are significant differences in the approaches of tribunals and commentators to issues of consent to the treaty and jurisdiction after its rejection. In the case of bilateral investment treaties, it is necessary to consider the subject matter of the investment agreement before reaching a conclusion for dispute resolution. In any case, the dispute must be resolved before the expiration of the term of the bilateral investment treaty. In the case of Trinidad and Tobago, in accordance with previous court decisions, after the termination of the international treaty by these countries, the court retains jurisdiction to consider cases arising from facts that occurred before the denunciation came into effect. In the case of Venezuela, the author concludes that after the denunciation comes into effect, Venezuela will remain bound by the obligations under the Convention. Based on the results of the court cases, the author concludes that the denouncing state, regarding a breach of the treaty that occurred before the denunciation came into effect, is obliged to comply with the court’s decision and report on the implementation of the court’s decision on interim measures.
Keywords: bilateral investment treaties, Vienna Convention, international treaties, denunciation.
Bibliographic list of articles
1. Brownley Y., Ed.: Tunkin G.I., Petr.: Andrianov S.N. International law: 2 books. – M., 1977. – Book. 1. – 385 p.
2. Voitovich S. A. Distinction between some international legal and civil legal aspects in international investment arbitration // Law. – 2014. – No. 4. – P. 74-79.
3. Garmoza A.P. Arbitration on the basis of international investment agreements: issues of competence. – M.: Infotropik Media, 2012.
4. Efremov L.V. On some issues of application of international treaties on mutual provision of legal assistance in the work of arbitration courts // Bulletin of the Arbitration Court of the Russian Federation. – 2012 – No. 3. – P. 13-17.
5. Korolev M. A. On the issue of the relationship between customary and conventional norms regarding the influence of changed circumstances on the force of an international treaty // MZhMP. – 2013. – No. 3. – P. 12-16.
6. Kurdyukov G.I., Makarova T.N. Law of International Treaties: Textbook. – Kazan, 2010. – 26 p.
7. Talalaev A. N. International treaties in the modern world // Issues of the law of international treaties in the light of the work of the UN Vienna Convention. – M., 2012.
8. Tiunov O. I. The principle of compliance with treaties in international law. – Perm, 2008. – 206 p.
9. Ushakov N. A. Law of international treaties // International law. – M.: “Yurist”, 2012. – P. 212-221.
10. Townsend J. M. The Initiation of Arbitration Proceedings: “My Story Had Been Longer” // ICSID Review – Foreign Investment Law Journal. – 1998. – No. 21. – P. 21-26.
11. Marcelo G. Kohen & Sarah Heathcote, 1969 Vienna Convention, Article 42, Validity and Continuity in Force of Treaties, in The Vienna Convention on the Law of Treaties: A Commentary 1015, 1019–20.
12. Schreuer H. Christoph. The ICSID Convention. A Commentary. – Cambridge, the United Kingdom: Cambridge University Press, 2001.
13. 霍尔吉•孔德西, 熊卫静. [Holgui Condesi, Xiong Weijing]. 最终的决定权:宪法对话与美洲人权法院[Last word: constitutional dialogue and the Inter-American Court of Human Rights] //人权. [Human Right]. – 2021. – No. 3. – P. 170.
INTERNATIONAL LAW
VERETELNIKOVA Polina Pavlovna
student of the Far Eastern Federal University, Vladivostok
ERSHOVA Anna Alexandrovna
student of the Far Eastern Federal University, Vladivostok
KOTIK Anastasiya Olegovna
student of the Far Eastern Federal University, Vladivostok
MASLOV Pavel Nikolaevich
student of the Far Eastern Federal University, Vladivostok
YAROSH Darya Romanovna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF POLITICAL TRADITIONS
The article examines the evolution of the main political traditions – conservatism, liberalism and socialism – and their interaction in the modern political landscape. The author analyzes how these ideologies adapt and blend to form new hybrid forms, such as egalitarian conservative nationalism. Special attention is paid to the impact of globalization, neoliberalism and nationalist tendencies on traditional political structures and their subsequent transformation.
Keywords: conservatism, liberalism, socialism, egalitarian conservative nationalism, political traditions, neoliberalism, nationalism, globalization, political coalitions.
Bibliographic list of articles
1. A. Downs. An economic theory of political action in a democracy // Journal of Political Economy. – 1957. – Vol. 65. – R. 135-150.
2. Matthew H. C. G., McKibbin R. I. and Kay J. A. The franchise factor in the rise of the Labor party // The English Historical Review. – 1976. – Vol. 91. No. 361. – R. 723-752.
3. Oakeshott M. ‘On being conservative’, in Rationalism and Politics and Other Essays. – London: Methuen, 1962.
4. Marquand D. Mammon’s Kingdom: An Essay on Britain, Now, London, Allen Lane, 2014.
INTERNATIONAL LAW
GOMENYUK Viktoriya Anatoljevna
student of the Far Eastern Federal University, Vladivostok
KIRILYUK Anton Vitalievich
student of the Far Eastern Federal University, Vladivostok
KHOLOD Egor Konstantinovich
student of the Far Eastern Federal University, Vladivostok
BURNOS Adelina Viktorovna
student of the Far Eastern Federal University, Vladivostok
NESINA Alina Maksimovna
student of the Far Eastern Federal University, Vladivostok
THE EVOLUTION OF PUBLIC DIPLOMACY: A HISTORICAL OVERVIEW AND MODERN PERSPECTIVES
This study is a comprehensive analysis of the development of public diplomacy (PD) from the beginning of the 20th century to the present. The key concepts and models of PD are considered, including daily, strategic and sustainable communications, as well as the transition from information to relational PD. The influence of international events and technological changes on methods and approaches in public diplomacy is studied. Special attention is paid to the role of the media and social networks in shaping the international image of states. The study also touches on current trends and challenges faced by public diplomacy practitioners in the context of globalization and digitalization.
Keywords: public diplomacy, international relations, media communications, social networks, globalization, information diplomacy, relational diplomacy, international image.
Bibliographic list of articles
1. Anholt S. “Public diplomacy competitive identity: Where’s the link?” In Golan, G., Yang, S., & Kinsey, D. (Eds.), International public relations and public diplomacy. – New York: Peter Lang, 2015. – R. 189-209.
2. Anholt S. Brand new justice: The upside of global marketing. – Oxford: Butterworth, 2003.
3. Anholt, S. “Forward” // Journal of Brand Management. – 2002. – No. 9 (4-5). – R. 229-239.
4. Abbott K. & Snidal D. “Why states act through formal international organizations” // Journal of Conflict Resolution. – 1998. – No. 42 (1). – R. 3-32.
5. Axelrod, R. & Keohane, R. “Achieving cooperation under anarchy: Strategies and institutions.” In Kenneth, O. (ed.), Cooperation under anarchy. – Princeton: Princeton University Press, 1986. – R. 226-254.
6. Ayhan K. Rethinking Korea’s middle power diplomacy as a nation branding project // Korea Observer. – 2019. – No. 50 (1). – R. 1–24.
7. Bennett, L. “Toward a theory of press-state relations in the U.S.” // Journal of Communication. – 1990. – No. 40 (2). – R. 103-125.
8. Choi, G. People, public diplomacy in the age of fourth industrial revolution. – Seoul: Gwangjin Munhwasa, 2018.
9. Coombs W. (2012). Ongoing crisis communication (3rd ed.). Thousand Oaks, CA: Sage.
INTERNATIONAL LAW
ERSHOVA Anna Alexandrovna
student of the Far Eastern Federal University, Vladivostok
MASLOV Pavel Nikolaevich
student of the Far Eastern Federal University, Vladivostok
KOTIK Anastasiya Olegovna
student of the Far Eastern Federal University, Vladivostok
YAROSH Darya Romanovna
student of the Far Eastern Federal University, Vladivostok
VERETELNIKOVA Polina Pavlovna
student of the Far Eastern Federal University, Vladivostok
CHINA’S RISING ECONOMIC POWER AND ITS IMPACT ON THE INTERNATIONAL ORDER
The article examines the impact of China’s rapidly growing militiaary power on the international order and global geopolitical equilibrium. The article analyzes the development of Chinese military strategy and defense investments after the Cold War, especially in the context of the regional confrontation with the United States of America. The consequences of China’s ambitious military initiatives, including the strengthening of its military presence in the South China Sea and the “One Belt, One Road” strategy, are being considered. The article highlights China’s strategic positioning and its impact on existing international relations and military balances.
Keywords: China, military power, international order, South China Sea, United States of America, defense strategy, regional confrontation, global geo equilibriumpolitical, “One Belt, one Road”.
Bibliographic list of articles
1. Kim Kwan-Ok. Study on the US-China Trade War: Focusing on the Analysis of Protectionist Trade Policies of the Trump Administration // International Politics Studies. – 2018. – Vol. 21. – No. 1.
2. Kim Jae-Chul. China and the World: Internationalism, Nationalism, and Foreign Policy. – Paju: Hanul, 2017.
3. Kim Jae-Chul. Equality, the Trade Conflict with the United States, and China’s Dilemma // Middle and Small Studies. – 2019. – Vol. 43. – No. 2. – R. 7-35.
4. Korea Institute for International Economic Policy. 2017. “Retrospect and Prospect on the 15th Anniversary of China’s Accession to the WTO,” KIEP Beijing Office Briefing, [Accessed on January 22, 2020].
5. Guo Shuyong & Ding Weihang. 2019. On the ‘Unprecedented Great Changes in a Century’: The Era’s Connotation and Governance Logic. Social Sciences, Issue 9.
6. Ruan Zongze. 2019. Looking at China-US Relations Beyond the Power Transition Misconception. Global Times, December 24.
INTERNATIONAL LAW
ZHURMAN Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
CHEREMISINA Kristina Maksimovna
student of the Far Eastern Federal University, Vladivostok
PUCHKIN Dmitriy Konstantinovich
magister student of the Far Eastern Federal University, Vladivostok
YUDINA Darya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
magister student of the Far Eastern Federal University, Vladivostok
THE IMPACT OF THE DYNAMICS OF THE CHINESE YUAN EXCHANGE RATE ON INTERNATIONAL TRADE
This article provides an in-depth analysis of the interaction between the Chinese yuan exchange rate and international trade. The study revealed a long-term co-integration relationship between the exchange rate and international trade, emphasizing the importance of strengthening the yuan as a significant factor in economic interactions. The main results indicate that the strengthening of the yuan contributes to an increase in imports while reducing exports, with an exchange rate elasticity of 0.2556 for exports and 1.7648 for imports. However, despite these changes, the strengthening of the yuan has no noticeable effect on improving the trade surplus, which may be due to the dominant role of trade processing in the Liaoning economy. This study offers a new perspective on the role of the exchange rate in international trade and highlights the complexity of interconnections in the global economic environment.
Keywords: exchange rate, Chinese yuan, international trade, Chinese economy, exports, imports, global economy, currency volatility, industry analysis, macroeconomic trends.
Bibliographic list of articles
1. Li Hongbin & Ma Hong, et al. “The impact of the RMB exchange rate on imports and exports of enterprises: an empirical test on a Chinese enterprise,” Journal of Financial Research. – 2011. – No. 2. – P. 21-16.
2. Lu Xiangqian and Dai Guoqiang The impact of fluctuations in the real exchange rate of the yuan on Chinese imports and exports: 1994-2003 // Journal of Economic Research. – 2005. – No. 5. – P. 31-39.
3. Singh T. India’s trade balance: the role of income and exchange rates // Journal of Policy Modeling. – 2002. – No. 24 (5). – pp. 437-452.
4. Shen Guobing, Yang Yi. The relationship between the RMB real effective exchange rate and the balance of payments in China—an analysis based on monthly data 1990-2004. // Journal of the Nanjing CPC Party Institute and the Nanjing Administrative Institute. – 2005. – No. 5. – P. 11-16. (in Chinese)
5. Rose A. K. & Yellen J. L. (1989). Is there a J-curve? // Journal of Monetary Economics. – 1989. – No. 24. – P. 53-68.
6. Rahman M. & Mustafa M. Dances of the real US dollar exchange rate and the real US trade balance // Letters on Applied Economics. – 1996. – No. 3 (12).
7. HowThakker H. S. & Magee S. P. Income and price elasticities in world trade // Review of Economics and Statistics. – 1969. – No. 51 (2). – pp. 111-125.
INTERNATIONAL LAW
KIRILYUK Anton Vitalievich
student of the Far Eastern Federal University, Vladivostok
BURNOS Adelina Viktorovna
student of the Far Eastern Federal University, Vladivostok
KHOLOD Egor Konstantinovich
student of the Far Eastern Federal University, Vladivostok
GOMENYUK Viktoriya Anatoljevna
student of the Far Eastern Federal University, Vladivostok
NESINA Alina Maksimovna
student of the Far Eastern Federal University, Vladivostok
ANALYSIS OF LEGAL AND INSURANCE ASPECTS OF MARITIME CARGO TRANSPORTATION
This article provides a comprehensive analysis of the legal and insurance aspects related to maritime transport. The role of the bill of lading as a key document in maritime transportation is considered, special attention is paid to the analysis of unknown words and conditions in the bill of lading and their legal meaning. The focus is on international rules and legislation governing maritime transport, including the Hague, Hague-Visby and Hamburg Rules. Special attention is paid to marine insurance, including hull insurance and ship owners liability insurance (P&I insurance), as well as the role of insurance in risk management in maritime transportation.
Keywords: maritime transport, bill of lading, international maritime law, unknown words and conditions, insurance in maritime transport, Hamburg rules, P&I insurance, risk management in maritime transport.
Bibliographic list of articles
1. Lee Won Chong. Beginning of the insurance period in marine cargo insurance // Journal of the Korean Society of Maritime Law. – 2019. – Volume 41. – No. 1.
2. Chan Sang-kyun. Limitation of liability of the sea carrier for packaging // Journal of the Korean Society of Maritime Law. – 2004. – Volume 26. – No. 2.
3. Park Se Min. Comparative analysis of the provisions of the COOP ship collision insurance policy and the standard ship insurance policy of 1983 // Journal of the Korean Society of Maritime Law. – 2017. – Volume 39. – No. 1.
4. Choi Jung Hyun. Directions for the development of Korean maritime law // Journal of the Korean Society of Maritime Law. – 2009. – Volume 31. – No. 1.
5. Lee Ki-soo and Shin Chan-seop. International law of commercial transactions. – 7th edition. Sechan Publishing House, 2019.
6. Insurance law. – 5th edition. Pakyeonsa Publishing House, 2020.
7. Carol Murray. Schmithoff’s Export Trade: The Law and Practice of International Trade. 11th edition. Sweet & Maxwell, 2009.
8. Kim Sang Man and Kim Jongho. Legal effect of an unknown condition in a bill of lading in accordance with international rules // North Carolina Journal of International Law. – 2016. – Volume 42. – No. 1.
INTERNATIONAL LAW
KUTSEPALOVA Valeriya Sergeevna
student of the Far Eastern Federal University, Vladivostok
MASTYUKOVA Irina Igorevna
student of the Far Eastern Federal University, Vladivostok
BABICHEVA Anastasiya Sergeevna
student of the Far Eastern Federal University, Vladivostok
VINOGRADOVA Sofya Alekseevna
student of the Far Eastern Federal University, Vladivostok
PESTRETSOV Ivan Vyacheslavovich
student of the Far Eastern Federal University, Vladivostok
CONCEPTS AND CHARACTERISTICS OF PUBLIC AND LOCAL DIPLOMACY
This article examines the development and key aspects of public and local diplomacy in the context of modern international relations. The main attention is paid to the evolution of the concepts of public and local diplomacy, their significance in the context of globalization and technological changes. New forms of international interaction and cooperation arising from the active participation of various levels of government and non-state actors in the international arena are analyzed.
Keywords: public diplomacy, local diplomacy, international relations, globalization, international cooperation, urban diplomacy, parallel diplomacy, subnational diplomacy.
Bibliographic list of articles
1. Kim Sang-bae. (2013). “Theories of Public Diplomacy of Middle Powers: A Perspective of Attraction and Network”. In “Public Diplomacy of Middle Powers”, pp. 11-46.
2. Kim Jun-hyung. (2018). “The Beginning and the Path Forward for ‘People’s Diplomacy'”. In “Public Diplomacy of Middle Powers”, Jeju Peace Research Institute. No. 2018-07/08/09: 3-6.
3. Song Gi-don. (2016). “Institutionalization of City Diplomacy through International Organizations of Local Governments: A Case Study of the United Cities and Local Governments (UCLG)”. “Korean Journal of Local Government & Administration Studies”. 30(4): 113-138.
4. Song Gi-don. (2017). “International Organizations of Local Governments, Leverage for City Diplomacy Strategy: Focusing on UCLG (United Cities and Local Governments)”. “Globalized Cities”. Seoul Research Institute. Vol.18: 54-67.
5. Lee Kwang-seok & Kim Yong-chan. (2010). “The Current Status and Challenges for the Reestablishment of International Administration: Focusing on International Administration Education and Research in Korea.” Seoul Administrative Society Winter Conference Proceedings. pp. 197-216.
6. Ha Young-sun & Namgung Gon (Eds.). (2012). “Transformation of World Politics”. 2nd Edition. Eulyoo Publishing.
7. Ministry of Foreign Affairs of the Republic of Korea, National Diplomacy Center. [Electronic resource]. – Access mode: http://www.mofa.go.kr/www/wpge/m_2094.
8. Acuto, Michele et al. (2018). “Toward City Diplomacy: Assessing Capacity in Select Global Cities.” Chicago Council on Global Affairs.
INTERNATIONAL LAW
MASTYUKOVA Irina Igorevna
student of the Far Eastern Federal University, Vladivostok
BABICHEVA Anastasiya Sergeevna
student of the Far Eastern Federal University, Vladivostok
PESTRETSOV Ivan Vyacheslavovich
student of the Far Eastern Federal University, Vladivostok
KUTSEPALOVA Valeriya Sergeevna
student of the Far Eastern Federal University, Vladivostok
VINOGRADOVA Sofya Alekseevna
student of the Far Eastern Federal University, Vladivostok
DYNAMICS OF INTERACTION BETWEEN INTERNATIONAL LAW AND INTERNATIONAL RELATIONS: ANALYSIS OF THE DISPUTE OVER THE DOKDO/TAKESHIMA
This article explores the complex interaction between international law and international relations, analyzes the example of the dispute between South Korea and Japan over the Dokdo Islands/Takeshima. The article highlights the evolution of the perception of international law and its role in international relations since the middle of the 20th century. Special attention is paid to the concept of “effective occupation” and its application within the framework of international law, as well as the legal and political aspects of the disputed issue of sovereignty over the islands are analyzed.
Keywords: international law, international relations, dispute over the Dokdo/Takeshima, effective occupation, sovereignty, international disputes, territorial claims.
Bibliographic list of articles
1. Oona A. Hathaway and Harold Hongju Koh, Foundations of International Law, and Politics. -New York, NY: Foundation Press, 2005. – R. 1-3.
2. Yasuaki Onuma, “Law and Politics in the International Community,” Law and Politics in the International Community-100 Years of Japan and International Law 1 [in Japanese]. -Tokyo: Sanseito, 2001, – R. 1-34.
3. Yasuaki Onuma. Inter-civilizational Law: Cases and Materials. – Tokyo: Toshinto, 1996. – R. 26-27.
4. Kim Chai-Hyung. Sovereignty over Dokdo in the San Francisco Peace Treaty // Korean Journal of International Law 52. – 2007. – No. 3. – R. 103-124.
5. Shigeki Sakamoto. Maritime Boundary Delimitation and Territorial Disputes [in Japanese], International Law of Maritime Boundary Delimitation, eds. Shinya Murase and Junichi Eto. -Tokyo: Toshinto, 2008. – R. 57.
6. Kim Charn-Kiu. Dokdo Is Our Territory // Segye Times. – 2009. – January 7.
7. Korea Herald, September 10, 2012.
8. Letter of Exchange on the Bringing of the Dokdo Issue before the ICJ, October 28, 1954.
9. Bogaturov A. International Relations Theory: A Russian View. – Moscow: MGIMO-University, 2010.
10. Sarah E. Mendelson and John K. Glenn, eds. The Power and Limits of NGOs: A Critical Look at Building Democracy in Eastern Europe and Eurasia. – New York: Columbia University Press, 2002.
INTERNATIONAL LAW
SKAZIN Nikita Andreevich
magister student of the Far Eastern Federal University, Vladivostok
BRYKOVA Darya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
KARAGODINA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
RYMAR Boris Nikolaevich
student of the Far Eastern Federal University, Vladivostok
SVISTAK Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
THE FEDERAL RESERVE SYSTEM AND ITS INSTITUTIONAL RELATIONS: AN ANALYSIS OF POLITICAL INDEPENDENCE AND RESPONSIBILITY
The article analyzes the position of the US Federal Reserve System (FRS) in the context of its institutional relations and political independence. The historical development and changes in legislation defining the structure and functioning of the Federal Reserve are considered. Special attention is paid to the interaction of the Fed with the executive and legislative authorities, as well as aspects of political responsibility and control. The key moments in the history of the Federal Reserve affecting its operational independence and relationship with the federal government are analyzed.
Keywords: Federal Reserve system, political independence, institutional relations, monetary policy, federal government, legislative power, executive power, control and responsibility.
Bibliographic list of articles
1. Binder, S., & Spindel, M. (2019). Independence and the Fed. [Electronic resource]. – Access mode: www.ncbi.nlm.nih.gov
2. Conti-Brown, P. (2015). The Institutions of Federal Reserve Independence. Yale University. An analysis of the mechanisms through which the Federal Reserve shapes national and global economic policy.
3. Conti-Brown, P. (2015). The Power and Independence of the Federal Reserve. [Electronic resource]. – Access mode: www.semanticscholar.org.
4. Smirnova E. A. Monetary policy of the US Federal Reserve System: continuity and innovation. – Moscow: Publishing House “Economy”, 2018.
5. Ivanov V.V., & Petrova I. S. The US Federal Reserve System and its role in the global financial system. – St. Petersburg: St. Petersburg State University Publishing House, 2019.
6. Kuznetsova O. V. The Federal Reserve System and its Impact on the World Economy. – Moscow: Infra-M, 2020.
INTERNATIONAL LAW
UTVA Irina Sergeevna
student of the Far Eastern Federal University, Vladivostok
RUBAN Polina Olegovna
student of the Far Eastern Federal University, Vladivostok
“VIRTUAL” STATES AS AN ATYPICAL SUBJECT OF INTERNATIONAL LAW
The article considers such an atypical subject of international law as “virtual” states and indicates the possibility of their recognition in science. The existing “virtual states” are indicated, their history and current situation are revealed. The authors indicate the signs characterizing microstates as a state in the usual sense, as well as problems arising from the uncertainty of international law, the openness of the list of its subjects and the uncertainty of the legal status of “virtual” states. The analysis of the existence of “virtual” states in the legal aspect, as well as the ways of their development, is given.
Keywords: subject of international law, “virtual” states, microstates, international law.
Bibliographic list of articles
1. Chertilin V. S. “Virtual” states as subjects of international law // XIV All-Russian Conference on National and International Law. – 2019. – No. 341.1/8. – pp. 112-214.
INTERNATIONAL LAW
CHEREMISINA Kristina Maksimovna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
magister student of the Far Eastern Federal University, Vladivostok
PUCHKIN Dmitriy Konstantinovich
magister student of the Far Eastern Federal University, Vladivostok
YUDINA Darya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
ZHURMAN Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
THE PROCESS OF ADAPTING RUSSIAN LABOR LAWS TO INTERNATIONAL STANDARDS
This article touches on the topic of the transformation of Russian labor legislation under the influence of international standards. She analyzes the historical path that Russia has paved in integrating global labor standards, from the post-revolutionary period to the present day. Special attention is paid to the impact of the conventions of the International Labor Organization (ILO), the socio-economic changes introduced and the current challenges faced by labor legislation in the era of globalization and the changing world order.
Keywords: global labor standards, labor law reforms, Russian labor laws, the impact of the ILO, socio-economic transformations, the era of globalization, workers’ rights, legislative changes.
Bibliographic list of articles
1. Labor Code of the Russian Federation dated December 30December 2001 No. 197-FZ (latest edition).
2. Kozlova E. I., Kutafin O. E. Constitutional law of Russia: Textbook. – M.: Yurist, 2006.
3. Rybakov V. A. International labor law. – M.: Beck, 1998.
4. Trebilcock, A. The International Labor Organization and the Quest for Social Justice, 1919-2009. – Ithaca: Cornell University Press, 2009.
5. Sinyushina O. F. History of the emergence of the employment contract // Young scientist. — 2020. — No. 48 (338). — pp. 338-341.
6. Livshits R.Z. Labor legislation of Russia. Legislative acts and comments / R. Z. Livshits, O. S. Khokhryakova // Profstroy. – 1993. – P. 170.
7. Code of Labor Laws of the RSFSR of December 9, 1971 // Gazette of the Supreme Soviet of the RSFSR. – 1971. – No. 50. – Art. 1007.
INTERNATIONAL LAW
PRIDANTSEVA Darya Sergeevna
postgraduate student of International law sub-faculty of the Moscow State Institute of International Relations (University) of the MFA of Russia
THE CONCEPT AND REGULATORY REGULATION OF CONSULAR ASSISTANCE IN RUSSIAN LAW
This scientific article is devoted to the analysis of the concept and legal nature of consular protection in the context of national law. The article considers key aspects of consular protection, its significance and functions, and also compares the approaches of various Russian scientists to determine the legal nature of the institution. Special attention is paid to the analysis of Russian legislation, including new editions of laws, as well as the Concept of Foreign Policy of the Russian Federation 2023. This article is considered not only the most basic federal laws governing consular assistance in Russian law, but also those that either indirectly regulate the institution or are not always mentioned in textbooks.
Keywords: consular assistance, consular functions, history of development of the institute of consular assistance, consular officers, consular protection.
Bibliographic list of articles
1. Blishchenko I.P. Diplomatic law: Textbook. Benefit. – M.: Higher school, 1990.
2. Bobylev G.V. Consular law: Textbook. Benefit. – M.: MGIMO-University, 2007.
3. Vedel I. A. Diplomatic protection and consular assistance in international law. – M.: Prospekt, 2018.
4. Durdenevsky V. N. Consular conventions and treaties of the USSR 1957-1959. // Soviet Yearbook of International Law. – 1961. – M.: USSR Academy of Sciences, 1962.
5. Ilyin Yu. D. Main trends in the development of consular law. – M.: Legal. literature, 1969.
6. Kolosov Yu. M. Current international law: Textbook / Kolosov Yu. M., Krivchikova E. S. – M.: Publishing house. Moscow International Law Association (IAL), 2002.
7. Lapin G. E. Consular service: Textbook. allowance. – M.: International Relations, 2012.
8. Lebedeva O. V. Consular service of the Russian Federation at the present stage: Textbook. manual for university students. – M.: Aspect Press Publishing House, 2018.
9. Nagieva A. A. Diplomatic protection: Textbook. – M., 2019.
10. Plotnikova O. V. Consular relations and consular law: Textbook for universities. – M.: Publishing group NORMA-INFRA M, 1999.
11. Popov V.I. Modern diplomacy: theory and practice: diplomacy – science and art / Diplomatic acad. Russian Foreign Ministry. – Ed. 2nd, add. – M.: International Relations, 2010.
12. Torkunov A.V. Diplomatic service. Monograph / Ed. A.V. Torkunova. – M.: “Russian Political Encyclopedia” (ROSSPEN), 2002.
13. Bezborodov Yu. S. Rec. on the book: Vedel I.A. Diplomatic protection and consular assistance in international law. Diplomatic protection and consular assistance in international law. – M.: Prospekt, 2018. – 176 p. // Electronic supplement to the Russian Legal Journal. – 2020. – No. 1.
14. Adzhikhalilova Z. M. Main directions and methods of diplomatic and consular protection of human rights // Young scientist. – 2023. – No. 31 (478).
15. Vedel I. A. Some questions about measures and means of diplomatic protection // Russian legal journal. – 2013. – No. 6 (93).
16. Vedel I. A. Diplomatic protection and consular assistance: the relationship between international and domestic legal regulation // Russian Legal Journal. – 2015. – No. 2 (101).
17. Nagieva A. A. Personal immunity of employees of a diplomatic mission: current international legal issues // Moscow Journal of International Law. – 2022. – No. 1.
18. Nagieva A. A. Trends in the development of consular relations of the Russian Federation with the CIS member states // Electronic supplement to the Russian Legal Journal. – 2023. – No. 1.
19. Omirbay J. The roles of honorary consuls in modern diplomatic relations // Law and power. – 2023. – No. 1.
20. Cherednichenko E. A. Features of the legal status of the implementation of deactivities of consular institutions // Student Forum. – 2019. – No. 41-3 (92). – pp. 46-49.
21. Official website of the Ministry of Foreign Affairs of the Russian Federation. – [Electronic resource]. – Access mode: http://www.mid.ru/ru/activity/review.
22. Official website of the Consular Department of the Russian Ministry of Foreign Affairs. – [Electronic resource]. – Access mode: https://www.kdmid.ru.
INTERNATIONAL PRIVATE LAW
GALEEVA Alina Almirovna
Chief Specialist of the Human Resources Department of the Prosecutor’s Office of the Republic of Bashkortostan
DEMIDOVA Tatyana Konstantinovna
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty of the Ufa University of the Sciences and Technology
VASILJEV Alexander Viktorovich
Ph.D. in political sciences, associate professor, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University, associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of the Sciences and Technology
RUSSIA’S ROLE IN THE ECONOMIC AND POLITICAL DEVELOPMENT OF CENTRAL ASIA: TRADE, ENERGY AND SECURITY
This article examines the role and influence of Russia on the economic and political development of the countries of Central Asia. The authors analyze in detail the dynamics of trade relations, energy projects and infrastructure investments of Russia in the region, emphasizing its importance in strengthening economic stability and cooperation in Central Asia.
The article also touches on issues of regional security and Russia’s role in maintaining stability and combating challenges, such as Islamist infiltration and drug trafficking, as well as in managing migration flows.
Keywords: geopolitical dynamics, Russian economic role in the region, energy strategies, regional security, trade relations, economic interaction, Russian influence.
Bibliographic list of articles
1. Tsygankov A. P. Russia’s foreign policy: change and continuity in national identity. Rowman & Littlefield, 2016.
2. Laruelle M. Russian Policy on Central Asia and the Role of Russian Nationalism. Silk Road Papers. Central Asia and Caucasus Institute. Washington, D.C., 2008.
3. Crane K., Peterson D. J. and Oliker O. Russian Investment in the Commonwealth of Independent States // Eurasian Geography and Economics. – 2005. – Vol. 46. – No. 6. – R. 405-444.
INTERNATIONAL PRIVATE LAW
STRUGOVETS Liliya Alexandrovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, lawyer
LEGISLATIVE INITIATIVES OF THE EAEU IN THE SPHERE OF CLIMATE PROTECTION
The article deals with the legislative initiatives of the EAEU countries aimed at climate protection. It reveals the importance of international cooperation in achieving sustainable development goals, analyzes the effectiveness of existing legislation aimed at climate protection, suggests ways to improve the legislative framework of the EAEU, as well as ways to identify and manage potential risks that lead to changes in policy and legislation on climate protection.
Keywords: climate change, legislative initiatives, carbon emission reduction, decarbonisation, sustainable development, climate legislation, climate governance.
Bibliographic list of articles
1. Glazyev S. Yu. On the strategic directions of development of the EAEU // Eurasian integration: economics, law, politics. – 2020. – No. 1 (31). – P. 11-30.
2. Efimtseva T.V. Some approaches to solving energy and environmental issues in the legislation of integration associations (on the example of the European Union and the Eurasian Economic Union) // Lex russica. – 2019. – No. 8. – P. 164-178.
3. Zakharin A. N., Kolesnikova K. V. Integration of legal regulation of rational environmental management and environmental protection in the legislation of the EAEU: state and prospects // Humanitarian and legal studies. – 2020. – No. 3. – P. 135-142.
4. Klepach A. N. Strategic initiatives and prospects for interaction between the EAEU countries in the fight against climate change and environmental challenges. Report by VEB Institute of Analysis and Expertise, 2021. – 50 pp.
5. Cleandrov M. I. Fundamentals of legal regulation of “green” financing in Russia and the European Union / M. I. Cleandrov, E. E. Frolova, E. P. Ermakova. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2021. – 74 p.
6. Kurbanov E. A., Fominykh A. E. Climate problems and ecologistsand in the interaction of the European Union and Russia: prospects for scientific and educational cooperation // West – East. 2019. – No. 12. – P. 175-187.
7. Myasnikovich M., Kovalev V. New pages of integration in the Eurasian Economic Union // “Russia in global politics”. – 2023. – T. XXI. No. 2. – pp. 207-218.
8. Samtsova D. Trends and promising directions of the “green” economy in the EAEU countries // Bulletin of the Kyrgyz National University named after Zhusup Balasagyn. – 2021. – No. 2 (106). – pp. 154-161.
9. Skobelev D., Volosatova A., Guseva T., Panova S. Application of the concept of the best available technologies in various green financing systems: international experience and prospects for use in the member states of the Eurasian Economic Union. “Green” integration and the formation of a single sustainable development space in the EAEU format // Bulletin of Eurasian Science. – 2022. – T. XIV. No. 2. – P. 19.
INTERNATIONAL PRIVATE LAW
BIKCHENTEEVA Sophia Rashidovna
fourth year bachelor’s degree student of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
GLINSHCHIKOVA Tatyana Vadimovna
PhD in Law, associate professor, associate professor of Private and business law sub-faculty of the I. T. Trubilin Kuban State Agricultural University
ROMANENKO Alina Andreevna
fourth year bachelor’s degree student of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
THE THEORY OF CHARACTERISTIC EXECUTION AS THE MAIN CRITERION FOR DETERMINING THE APPLICABLE LAW IN MODERN RUSSIAN AND FOREIGN CONFLICT OF LAWS
The author of the scientific article analyzes the Russian and foreign conflict of laws in terms of the issue of choosing the applicable law to regulate legal relations in which an agreement on such has not been reached. It was concluded that the theory of characteristic execution was gradually “introduced” into European law, and the conflict of laws bindings were modified. Speaking about domestic legislation, the process of transition from the use of the conflict of laws binding “place of performance of the obligation” to the theory of characteristic performance was abrupt. However, the criterion of characteristic performance is one of the main ones that allows you to balance strict rules and dispositive principles.
Keywords: theory of characteristic execution, applicable law, conflict of laws binding, agreement.
Bibliographic list of articles
1. Glinshchikova T.V., Vinogradov D.A. Development of international legal regulation of maritime carrier liability // Problems of economics and legal practice. – 2021. – T. 17. – No. 3.
2. Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [Electronic resource] – Access mode: http://eulaw.edu.ru/documents/legislation/ collision/dogovornoe.htm.
3. Novikova T.V. Formation of the principle of the closest connection in international private law // Bulletin of Omsk University. Series “Law”. – 2021. – T. 18. – No. 1. – P. 35-46.
INTERNATIONAL PRIVATE LAW
VERKHOTUROVA Darya Alekseevna
student of the Far Eastern Federal University, Vladivostok
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
VDOVENKOVA Olga Viktorovna
student of the Far Eastern Federal University, Vladivostok
BELOUSOV Nikita Alekseevich
student of the Far Eastern Federal University, Vladivostok
KHLYUPOV Ilya Viktorovich
student of the Far Eastern Federal University, Vladivostok
TRANSFORMING GLOBAL GOVERNANCE: REFORM OF THE INTERNATIONAL ECONOMIC SYSTEM IN THE ERA OF SUSTAINABLE DEVELOPMENT
This article examines the need for deep reform of the international economic system in the context of modern global challenges such as climate change and sustainable development. The relationship between current economic structures and inefficiency in solving global problems is being investigated. The role of international financial institutions, such as the IMF and multilateral development banks, in ensuring sustainable development and combating climate change is analyzed. Concrete steps are proposed to reform global governance, including strengthening international cooperation and coordination, as well as developing new financial mechanisms and strategies to support sustainable development.
Keywords: sustainable development, international economic governance, IMF reform, climate change, global governance, multilateral ddevelopment banks, global cooperation, economic systems, international finance, sustainability policy.
Bibliographic list of articles
1. Brundtland, G.H. (ed., 1987). Report of the World Commission on Environment and Development: Our Common Future. United Nations.
2. Connell, C.M. (2014). Monetary Reform and the Bellagio Group. Routledge.
3. De Larosière, J. (2022). En finir avec le règne de l’illusion financière. Pour une croissance réelle. Odile Jacob.
4. Georgiou, C. Corporate power and the resolution of the Eurozone crisis, in Politique Européenne. – 2022. – Vol. 77. – R. 66.
5. Andrews, D. (2021). Reallocating SDRs to Multilateral Development Banks or other Prescribed Holders of SDRs. Center for Global Development. [Electronic resource]. – Access mode: https://www.cgdev.org/publication/reallocating-sdrs-multilateral-development-banks-or-other-prescribed-holders-sdrs.
INTERNATIONAL PRIVATE LAW
KUNGUROVA Alexandra Alexandrovna
student of the Far Eastern Federal University, Vladivostok
KAZIMOV Amin Ilyasovich
student of the Far Eastern Federal University, Vladivostok
GORYACHKINA Maria Mikhaylovna
student of the Far Eastern Federal University, Vladivostok
TUROV Stepan Evgenjevich
student of the Far Eastern Federal University, Vladivostok
SOFRINA Alina Alekseevna
student of the Far Eastern Federal University, Vladivostok
REFORM OF THE INTERNATIONAL MONETARY SYSTEM: THE ROLE AND PROSPECTS OF SPECIAL DRAWING RIGHTS (SDR)
This article examines the role of Special Drawing Rights (SDRs) in the context of the reform of the international monetary system (IMS). SDR, as an instrument of the International Monetary Fund (IMF), was originally intended to support global liquidity and financial stability. Given the economic challenges of recent decades, including the global financial crises and the COVID-19 pandemic, it becomes obvious that the SDR functions need to be rethought and expanded. The article analyzes potential ways to reform the Ministry of Internal Affairs, with an emphasis on using the SDR as a tool to support sustainable development, reduce global economic inequality and strengthen global economic cooperation.
Keywords: special drawing rights, International Monetary Fund, international monetary system, global liquidity, financial stability, sustainable development, economic inequality, global cooperation, financial crises.
Bibliographic list of articles
1. Kaul I., Grunberg I. and Stern M. A. Global Public Good: International Cooperation in the 21st Century. – Oxford: University Press, 1999.
2. Masini F. Time for a Next Generation Africa // Perspectives on Federalism. – 2022. – Vol. 14. – No. 1, 1.
3. Pigou A.C. (1920). The Economics of Welfare. MacMillan.
4. C. (2021). The systemic instability of ballooning Global Liquidity as a symptom of the worsening of the Triffin Dilemma. Robert Triffin International Paper.
INTERNATIONAL PRIVATE LAW
TUROV Stepan Evgenjevich
student of the Far Eastern Federal University, Vladivostok
KUNGUROVA Alexandra Alexandrovna
student of the Far Eastern Federal University, Vladivostok
GORYACHKINA Maria Mikhaylovna
student of the Far Eastern Federal University, Vladivostok
SOFRINA Alina Alekseevna
student of the Far Eastern Federal University, Vladivostok
KAZIMOV Amin Ilyasovich
student of the Far Eastern Federal University, Vladivostok
LEGAL ASPECTS OF INTERNATIONAL TRANSPORT LIABILITY: ANALYSIS OF THE HAGUE, HAGUE-VISBY, HAMBURG AND ROTTERDAM RULES
This article discusses key aspects of the international rules for the carriage of goods by sea, including The Hague, Hague-Visby, Hamburg and Rotterdam Rules. The main focus is on analyzing the liability of carriers and the use of letters of guarantee for damaged goods (Letter of Indemnity, LOI) in the context of these rules. The article provides an in-depth analysis of the limitations of liability established by international agreements and examines the legal force and practical application of LOI in international trade.
Keywords: Hague rules, Hamburg rules, Rotterdam rules, letter of guarantee, letter of indemnity, international trade, carrier’s liability, legal aspects of transportation.
Bibliographic list of articles
1. Kim Inhyun. Comparative study of maritime transport law of the USA and Korea // Journal of the Korean Maritime Societyskogo law. – 2004. – Volume 26. – Issue 2.
2. Kim Inhyun. Changes and significance of the 2007 edition of the Maritime Part of the Commercial Law // Journal of the Korean Society of Maritime Law. – Volume 31. – Issue 1. Korean Society of Maritime Law, 2009.
3. Kim Inhyun. Legal aspects of the substitution of the insurer and the effect of ignorance clauses in the bill of lading (Decision of the Supreme Court of September 7, 2017, case 2017다234217). Research of commercial judicial precedent. Volume 31. Issue 4. Korean Society of Commercial Litigation, 2018.
4. Kim Inhyun. Maritime law. 5th edition, 법문사, 2018.
5. Kim Sangman. A study of the applicability of packaging liability limitations to ocean carriers issuing bills of lading with insufficient information. Study of international trade law. Volume 19. Issue 2. Korean Society of International Trade Law, 2010.
EUROPEAN LAW
KARAGODINA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
SKAZIN Nikita Andreevich
magister student of the Far Eastern Federal University, Vladivostok
BRYKOVA Darya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
SVISTAK Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
RYMAR Boris Nikolaevich
student of the Far Eastern Federal University, Vladivostok
ECONOMIC AND MONETARY UNION IN EUROPE: INSTITUTIONAL TRANSITIONS AND POLITICAL CHALLENGES
This article examines the evolution of the Economic and Monetary Union (EMU) in Europe, with special emphasis on institutional transitions and political challenges that have arisen in the process of its development. The main focus is on analyzing the transition from Werner’s initial ideas to Delors’ concept, discussing the problem of central bank independence and the impact of national policies on the EU’s overall economic strategy. Both historical and modern aspects of the EMU are analyzed, emphasizing the complexities and trade-offs associated with the integration of various economic policies into a single European space.
Keywords: Economic and Monetary Union, European Union, institutional changes, political challenges, central bank independence, national economic policy, integration, Werner report, Delors report.
Bibliographic list of articles
1. Beck T., Cull R., & Jerome A. T. Bank Privatization and Performance: Empirical Evidence from Nigeria. // World Bank Policy Research Working Paper. – 2005. – No. 3511.
2. Frankel J., & Romer D. Does Trade Cause Growth // American Economic Review. – 1999. – No. 89. – R. 379-399.
3. Aghion P., Caroli E., & Garcia-Penalosa C. Inequality and Economic Growth: The Perspective of the New Growth Theories // Journal of Economic Literature. – 1999. – Vol. 37. No. 4. – R. 1615-1660.
4. Williamson O. The New Institutional Economics: Taking Stock, Looking Ahead // The Journal of Economic Literature. – 2000. – Vol. 38. No. 3. – R. 595-613.
5. Nissanke M., & Sindzingre A. Institutional Foundations for Shared Growth in Sub-Saharan Africa // African Development Review. – 2006. – Vol. 18. No. 3. – R. 353-391.
6. Adebiyi M. A., & Babatope-Obasa B. (2004). Institutional Framework, Interest Rate Policy and the Financing of the Nigerian Manufacturing Sub-Sector. Paper presented at the African Development and Poverty Reduction: The Macro-Micro Linkage Forum.
7. Honohan P., & Beck T. (2007). Making Finance Work for Africa. World Bank Publications; The World Bank, No. 6626, March.
THEORY OF STATE AND LAW
AZAROV Vitaliy Vladimirovich
lecturer of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
THE PROBLEM OF DIGITAL LEGISLATION IN THE INFORMATION SPACE OF THE RUSSIAN FEDERATION
The article examines the problems of digital relations in the Russian Federation. The purpose of the study is to analyze the problems of digital legislation and propose ways to solve them.
Two main legal acts were considered and analyzed, according to which it was revealed that the object of regulation is any information, and not only that which is accessed exclusively on the Internet, the existence of which presupposes human interaction within cyberspace.
Virtual relationships incorporate the relations of existing branches of law, which indicates their universality, complexity, but at the same time deprives them of a potential chance to accurately determine the object of legal regulation and leave these relations currently only in the plane of the branch oflegislation, the system of legislation from normative legal acts regulating aspects of the relations under consideration.
Legislation in the field of digital technologies is still under development and requires constant updating and adaptation to new conditions. In this regard, the development of the so-called “Digital Code” in the field of legislation will meet the requirements of digital relationships in information technology in the Russian Federation.
Keywords: space, technologies, information, information security, legislation, relationships.
Bibliographic list of articles
1. Kovalenko A. Yu. Complex branches of law at the present stage of development of the Russian legal system // News of the Irkutsk State Economic Academy. – 2013. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompleksnye-otrasli-prava-na-sovremennom-etape-razvitiya-sistemy-rossiyskogo-prava (date of access: 11/13/2023).
THEORY OF STATE AND LAW
PROTOPOPOVA Tatyana Vitaljevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University
TARKOVA Irina Alexandrovna
student of the 3rd course of the direction “Jurisprudence” of the Institute of Law of the Siberian Federal University
FAME AS A LEGAL CATEGORY
The modern world possesses complex sociocultural aspects, including the concepts of popularity and fame. This article explores the legal aspects of fame in the Russian Federation, highlighting its role in legal relations. The focus is on differentiating between popularity and fame, while also examining their interrelation through the prism of various explanatory dictionaries of the Russian language. Within the framework of cultural-philosophical sources, the moral and social aspects of popularity are discussed. Different authors approach this phenomenon from various perspectives, addressing questions of deserved fame, greatness, and moral foundations. In recent years, fame has become a separate subject of research; contemporary authors pay attention to its widespread recognition and prevalence among a large audience.
Keywords: fame, popularity, glory, recognition, legal category, legal regulation, welfare.
Bibliographic list of articles
1. Blinkova I. S. The phenomenon of popularity in the performing arts: cultural aspect. Based on materials from children’s musical theater: dis. …cand. Philol. Sciences: 24.00.01. – Tambov, 1999. – 176 p.
2. Verkholetov M. A. On the relationship between rights to commercial designations and other means of individualization // Mari Legal Bulletin. – No. 1 (12). – 2015. – pp. 105-111.
3. Gavrilov E. P. Commentary on paragraph 9 of Article 1483 of the Civil Code of the Russian Federation // Patents and licenses. – 2017. – No. 8. – P. 2-10.
4. Kant I. Anthropology from a pragmatic point of view. – St. Petersburg: Nauka, 1999. – 471 p.
5. Machiavelli N. The Sovereign. Reflections on the first decade of Titus Livius. – M.: AST, 2008. – 461 p.
6. Montaigne M. Experiments: in 3 books, comp., preface, trans. from fr. A. S. Bobovich. – Kaliningrad: Amber Tale, 1997. – Book. 1. – 304 pp.
7. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. 4th ed. – M., 1997. – 939 p.
THEORY OF STATE AND LAW
PRYS Irina Evgenjevna
Ph.D. in Law, associate professor of Theory of state and law, international and European law sub-faculty of the Academy of the FPS of Russia
FUNDAMENTALS OF PROFESSIONAL AND PEDAGOGICAL ACTIVITY IN THE PROCESS OF TEACHING GENERAL THEORETICAL LEGAL DISCIPLINES IN THE CONTEXT OF DEPARTMENTAL EDUCATION
The author of the article reveals the foundations and prospects for the development of professional-pedagogical activity, which are realized in the process of teaching general theoretical disciplines in the conditions of departmental education. The relevant activity became part of the state program of the year of teacher and mentor announced by the President in 2003. The professional activity of a teacher has been analyzed from the moment of its inception to the present day. The author, in order to increase its effectiveness, makes suggestions and recommendations. Reveals its role and importance in general for educational activities nowadays.
Keywords: Teacher, mentor, educational process, president, higher education, trainees, discipline, society, program, requirements, skills, knowledge, skills, practice.
Bibliographic list of articles
1. Prys E. V. Law enforcement activities of the prosecutor’s office of the Russian Federation and foreign countries: training manualbee. – Ryazan, 2018.
2. Aleshugina E. A., Vaganova O. I., Prokhorova M. P. Methods and means of assessing the educational results of university students // Problems of modern pedagogical education. – 2018. – No. 59-3. – pp. 13-16.
3. Loshkareva D. A., Aleshugina E. A., Vaganova O. I., Kutepova L. I. Contextual approach to professional education // Problems of modern pedagogical education. – 2018. – No. 58-3. C. – 169-172.
4. Lapova A.V., Koldina M.I., Peskova N.V. Forecasting activity of a teacher of vocational training // Problems of modern pedagogical education. – 2018. – No. 59-4. – pp. 44-47.
THEORY OF STATE AND LAW
ROMANOVSKAYA Lyubava Rostislavovna
Ph.D. in Law, associate professor of Constitutional and municipal law sub-faculty of the Faculty of Law of the N. I. Lobachevskiy Nizhny Novgorod State University
AI AND HUMAN RIGHTS: PROBLEMS OF CORRELATION
The article is devoted to topical issues of the evolution of the concept of human rights in the era of artificial intelligence. Three aspects of the correlation of these categories are considered: the benefits for ensuring and protecting human rights from the introduction of AI technologies, possible risks and dangers, the problem of determining the legal personality of AI (its carrier, unit). In the context of the universal legal regulation of the use of AI, a general analysis of the EU Law on Artificial Intelligence (AI Act) is given. It is concluded that it is necessary to unite the efforts of the entire world community to solve the problems arising from the introduction of AI technologies and the predicted emergence of a “strong” AI capable of cognitive thinking, independent goal-setting and autonomy.
Keywords: human rights, artificial intelligence, information society, cybersecurity, “electronic person”, digital human rights.
Bibliographic list of articles
1. Human rights in the era of Artificial Intelligence: Europe as a creator of international standards in the field of artificial intelligence. – [Electronic resource]. – Access mode: https://rpspress.ru/news/834/?ysclid=lp5rjjc8pa888153081 (date of access: 11/15/2023).
2. The European Parliament voted for a law regulating artificial intelligence. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6043737 (date of access: 11/15/2023).
3. Decree of the President of the Russian Federation of October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” // SZ RF, October 14, 2019 – No. 41. – Art. 5700.
4. Varlamova N.V. Digital rights – a new generation of human rights? // Proceedings of the Institute of State and Law of the RAS. – 2019. – T. 14. – No. 4. – P. 12.
5. Mainstreaming Digital human rights in cities. – [Electronic resource]. – Access mode: https://unhabitat.org/programme/people-centered-smart-cities/digital-human-rights (access date: 11/17/2023).
6. Federal Law No. 259-FZ “On attracting investments using investment platforms and on introducing amendments to certain legislative acts of the Russian Federation.” – [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=102579815.
7. Buryanov M. S. Global digital human rights in the context of the risks of digitalization // Century of Globalization. – 2020. – No. 3 (35). – P. 65.
8. EU AI Act: first regulation on artificial intelligence. – [Electronic resource]. – Access mode: https://www.europarl.europa.eu/news/en/headlines/society/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence/ (access date: 20.11.2023) .
9. Quote. by: Morhat P. M. Legal personality of artificial intelligence in the field of intellectual property law: civil legal problems: dis. … doc. legal Sci. – M., 2018. – P. 244.
10. Morhat P. M. Legal personality of an artificial intelligence unit: some civil law approaches // Bulletin of Kostroma State University. – 2018. – T. 24. – No. 3. – P. 280-283.
THEORY OF STATE AND LAW
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk; Deputy Chairman of Irkutsk City No. 2 Territorial Election Commission (Oktyabrsky district)
DIGITAL SERVICES FOR PARTICIPANTS IN THE ELECTORAL PROCESS AS A GUARANTEE OF THE REALIZATION OF CONSTITUTIONAL RIGHTS OF CITIZENS
The article presents an overview and analysis of modern digital technologies being introduced into the modern electoral process today, characterizing the modernization of modern processes in the political life of the country. The need fordigital improvement of the electoral process for the implementation of the constitutional rights of citizens to vote is noted. The prospects for the formation and development of new electronic services in the upcoming presidential elections of the Russian Federation are being investigated and noted. The worth, advantages and importance of the electronic evolution of the electoral process for the digital interaction of citizens and the state are noted.
Keywords: constitutional rights of citizens, active suffrage, right of choice, absenteeism, electorate, digital technologies, digitalization, digital transformation, remote electronic voting.
Bibliographic list of articles
1. Podshivalov V. E. Comparative analysis of the structure and legal technology of acts of electoral legislation of the Russian Federation, France and Canada // Academic legal journal. – 2022. – No. 3. – P. 42
2. Minnikes I. V. History of elections: voter and subjective electoral law // Academic legal journal. – 2020. – No. 1. – P. 42.
3. Anufrieva A. A., Krasnodubskaya K. S. Digital transformation and assessment of the “digital maturity” of the public administration system of a constituent entity of the Russian Federation // Baikal research journal. – 2023. – No. 3. – P. 1073.
THEORY OF STATE AND LAW
SHICHKO Alexandr Romanovich
student of the Law School of the Far Eastern Federal University, Vladivostok
SHICHKO Alexey Romanovich
student of the Law School of the Far Eastern Federal University, Vladivostok
SURKOV Artyom Nikolaevich
student of the Law School of the Far Eastern Federal University, Vladivostok
ARTEMYEV Roman Dmitrievich
student of the Law School of the Far Eastern Federal University, Vladivostok
SIGNS AND GROUNDS FOR LEGAL LIABILITY
Responsibility is of an unfavorable nature, implemented in a certain procedural form. The negative and positive meanings of legal liability are considered: a conclusion is made about the correctness of the first. The grounds for the emergence of objective and subjective legal liability are outlined. Broad, narrow and atypical approaches to understanding the grounds of subjective legal liability are considered.
Keywords: legal responsibility, positive legal responsibility, retrospective legal liability, factual, material, procedural grounds for legal liability.
Bibliographic list of articles
1. Baranov V. M. Theory of legal responsibility. – N. Novgorod: Publishing house Nizhegorod. legal Institute of the Ministry of Internal Affairs of the Russian Federation, 1998.
2. Bratus S.N. Legal responsibility and legality (essay on theory): edition. – Moscow: Legal. lit., 1976. – 208 pp.
3. Gorlach M. Yu. Rights and obligations of subjects of legal liability in modern Russian legislation: specialty 12.00.01 “theory and history of law and state; history of legal doctrines”: author’s abstract. dis. …cand. legal sciences; Moscow Academy of the Ministry of Internal Affairs of Russia. – Moscow, 2002. – 20 p.
4. Grigoryan G. M. Legal responsibility – responsibility for an offense // Issues of judicial reform: law, economics, management. – 2009. – No. 1. – P. 7-10.
5. Ivanova O. M. Foundations, goals and objectives of legal responsibility: specialty 12.00.01 “theory and history of law and state; history of doctrines about law and state”: author’s abstract. dis. …cand. legal sciences; Samara Humanitarian Academy. – Samara, 2009. – 22 p.
6. Krasnov M. A. Legal responsibility is an integral legal phenomenon // Soviet State and Law. – 1984. – No. 3. – P. 73-77.
7. Kuzmin I. A. Grounds for the emergence of legal liability as a general theoretical problem: approaches and judgments // Siberian Legal Bulletin. – 2012. – No. 4. – P. 3-10.
8. Malein N. S. Offense: concept, reasons, responsibility: edition. – Moscow: Legal. lit., 1985. – 192 pp.
9. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – Moscow: Yurist, 2004. – 245 p.
10. Morozova L. A. Theory of state and law: textbook. – Moscow: Eksmo, 2010. – 384 p.
11. Pyanov N. A. Current problems of the theory of state and law: textbook. Benefit. – Irkutsk: Irkut Publishing House. University, 2011. – 254 pp.
12. Falkina T. Yu. Forms of implementation of law and the mechanism for their implementation: specialty 12.00.01 “theory and history of law and state; history of doctrines about law and state”: author’s abstract. dis. …cand. legal sciences; Ural Law Institute of the Ministry of Internal Affairs of Russia. – N. Novgorod, 2007. – 25 p.
THEORY OF STATE AND LAW
HE Zhendong
lecturer, Heihe University
NING Yanhong
researcher, Heihe University,
LI Honghong
lecturer, Heihe University
MECHANISMS FOR LEGAL PROTECTION OF THE RIGHTS AND INTERESTS OF CHINESE MIGRANTS RESIDING INRUSSIA WITHIN THE FRAMEWORK OF THE “ONE BELT AND ONE ROAD” INITIATIVE
In the new period, as the partnership between China and Russia strengthens, the number of Chinese migrants living in Russia is increasing. According to statistics from the Federation of Overseas Chinese Associations in Europe (FOCAE), the total number of Chinese citizens living in Russia in recent years is about 300,000. Chinese migrants living in Russia play an important role in the construction of the Belt and Road. However, due to a lack of understanding of Russian legislation, linguistic and cultural communication, cultural differences between East and West, conflicts of sovereign jurisdiction and other reasons, migrants living in Russia cannot fully realize their rights and interests. Therefore, it is necessary to build a mechanism for legal protection of the rights and interests of Chinese migrants living in Russia against the backdrop of the Belt and Road. The main content of this article is to study the systematization and institutionalization of the mechanism for protecting the rights and interests of Chinese migrants living in Russia from the point of view of judicial practice and legislation, as well as to consider the system for protecting the rights and interests of Chinese migrants living in Russia. This work is published as part of the project of key topics for the study of economic and social development of Heilongjiang Province in 2023 on the topic “Research on the mechanism of legal protection of the rights and interests of Chinese migrants living in Russia within the framework of the Belt and Road Initiative.” Project number: 23366
Keywords: “One Belt and One Road”, Chinese migrants, protection of rights and interests, legal protection mechanisms, Russia, China.
Bibliographic list of articles
1. Jiang Xiaoli, Chen Sping. On the protection of the rights and interests of Chinese abroad as subjects of special rights. // Journal of Quanzhou Normal Institute. – 2022-02-15.
2. Jiang Xinmiao, Liu Yang. Solving the dilemma of the rule of law in protecting the rights and interests of Chinese citizens abroad within the framework of the Belt and Road // Journal of Northwestern University (publication on philosophy and social sciences). – 2020-12-2.
3. Jia Yuming. Creation and improvement of a mechanism for bilateral cooperation between China and Russia in the judicial sphere. // Newspaper “People’s Court”. – 2008-06-11.
THEORY OF STATE AND LAW
YALOVENKO Tatyana Vasiljevna
Ph.D. in Law, associate professor, Deputy Head of Theory and history of law and state sub-faculty of the Volgograd Academy of the MIA of Russia
THE INFLUENCE OF MODERN MEDIA ON THE FORMATION OF A PERSON’S WORLDVIEW
The purpose of the work is determined by the role of the mass media in public life, the global challenges of our time to establish boundaries between reliable and false information provided by the mass media. Predicting the consequences of using diverse information is becoming an increasingly difficult task, as individual and collective consciousness face difficulties in perceiving and processing information diversity.
Keywords: mass media, formation of a worldview, impact of mass media, legal information.
Bibliographic list of articles
1. Iskenderova S. D. Sociocultural aspects of the functioning of mass media // International scientific review. – 2020. – No. 1 (42). – P. 30.
2. Khopryachkova E. Yu., Mentyukova M. A. Deliberate dissemination of deliberately false information in the media and the Internet // Innovative jurisprudence: questions of theory and practice: collection. scientific work. by mother intl. scientific-practical conference: April 28, 2022 / Ministry of Science and Higher Education; Federal State Budgetary Educational Institution of Higher Education “Tambov State Technical University”; Law Institute. – Tambov, 2022. – P. 170.
3. Duvanskaya M.K., Zavyalova A.S. Media and the public: features of the influence of the media on business communication // Formation of the humanitarian environment at the university: innovative educational technologies. Competence-based approach. – 2023. – T. 1. – P. 314-318.
THEORY OF STATE AND LAW
AKSYUTENKOV Vladislav Olegovich
magister student of the 2nd course in the field of training 40.04.01 – Jurisprudence, “Public International Law, European law” of the A. I. Herzen Russian State Pedagogical University
THE IDEA OF ARCHITECTURAL SYMBOLISM AS A REFLECTION OF STATEHOOD
The article examines the relationship of architectural symbolism as a reflection of statehood through the prism of the history of law and Ancient Rome, religion and philosophy. The author of the study analyzes various buildings and structures of Ancient Rome, as well as the hisstory of the emergence of St. Petersburg from the point of view of semiotics.
Keywords: construction contract, Ancient Rome, contract of employment, architecture, semiotics.
Bibliographic list of articles
1. Town Planning Code of the Russian Federation (as amended on August 4, 2023) (version valid from September 1, 2023) // Rossiyskaya Gazeta, No. 290, 12/30/2004
2. Civil Code of the Russian Federation (part two) (Articles 454-1109) (as amended on July 24, 2023) // Rossiyskaya Gazeta, No. 23, 02/06/1996
3. Bible. Books of the Holy Scriptures of the Old and New Testaments, Publishing Council of the Russian Orthodox Church. M., 2023. 956 pp.
4. Justinian’s Digests / Translation from Latin; Rep. ed. L. L. Kofanov. T. III. 2nd ed., rev. M.: Statute, 2018. 780 pp.
5. Ten books about architecture / Vitruvius; Per. F.A. Petrovsky. M.: Publishing house “Azbuka”, 2006. P. 320.
6. Philosophy: Encyclopedic Dictionary. M.: Gardariki. Edited by A.A. Ivina. 2004. 1072 p.
7. Koch Wilfried. Encyclopedia of architectural styles. A classic work on European architecture from antiquity to modern times. M.: ZAO BMM, 2008. 528 p.
8. Roman private law: I. B. Novitsky [and others]; responsible editors I. B. Novitsky, I. S. Peretersky. M.: Yurayt Publishing House, 2023. 607 pp.
9. Lotman Yu. M. Inside thinking worlds // Semiosphere. St. Petersburg: Art of St. Petersburg, 2010. 753 pp.
10. Lotman Yu. M. About the semiosphere // Yu. M. Lotman. Selected articles: in 3 volumes. T. 1. Tallinn: “Alexandra”, 1992. 479 pp.
11. Markuzon V.F., Mikhailov B.P. General history of architecture. In 12 volumes. T. 2. Architecture of the Ancient World. M.: Stroyizdat, 1973. 711 p.
12. Solovyov N.K. Historical interior design in Russia: a textbook for universities. 2nd ed. M.: Yurayt Publishing House, 2023. 272 p.
13. Auguste Chauzy. General history of architecture. From prehistory to the Renaissance. M.: AST, 2022, 1136 pp.
14. Shtaerman E. M. Crisis of ancient culture. M.: Nauka, 1975. 183 pp.
15. Bart Ehrman. The triumph of Christianity. How a banned religion turned the world upside down. M.: Eksmo-Press, 2019. 384 p.
THEORY OF STATE AND LAW
GOMENYUK Maxim Anatoljevich
student of the Far Eastern Federal University, Vladivostok
KLEMENTJEVA Darya Andreevna
student of the Far Eastern Federal University, Vladivostok
SKACHKOVA Margarita Alekseevna
student of the Far Eastern Federal University, Vladivostok
BASENKO Denis Viktorovich
student of the Far Eastern Federal University, Vladivostok
VETROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
STRUCTURAL TRANSFORMATIONS OF POWER IN NORTH KOREA DURING THE KIM JONG UN ERA: AN ANALYSIS OF THE TRANSITION FROM “MILITARY POLICY” TOWARDS “PARTY POLITICS”
This study examines the changes in North Korea’s power structure during the reign of Kim Jong Un, with an emphasis on the transition from the “military policy” of previous years to the strengthening of the role of the Workers’ Party of Korea. The transformations in the relations between the party, the government and the army are analyzed, as well as the impact of these changes on the political structure and identity of the state. The study includes an empirical analysis using the network analysis method to assess current power dynamics.
Keywords: Kim Jong Un, North Korea, party politics, military policy, structural transformations, Labor Party of Korea, network analysis, political system.
Bibliographic list of articles
1. Kang Chae Young. “Rethinking the characteristics of the North Korean economic system: ‘Bureaucratic market economy'” // Journal of the Korean Political Science Society. – 2018. – Volume 52. No. 5. – P. 141-169.
2. Kim Gabsik. “The management system of Kim Jong-un and the relationship between the party, government and army” // Korea and international politics. – 2014. – Volume 30. No. 1. – P. 29-64.
3. Kim Geunsik. “Changes in the relationship between the party, government and army in North Korea during the era of Kim Jong Il: Main aspects of changes in the control system” // Journal of the Korean Political Science Society. – 2002. – Volume 36. No. 2. – P. 349-365.
4. Kim Chang Hee. Changes and the importance of political power in North Korea: Relations between the Workers’ Party of Korea and government agencies // Region and the World. – 2018. – Volume 42. No. 1. – P. 75-98.
5. Park Youngja. Managerial actions and the dominant alliance in the era of Kim Jong Un // Defense Research. – 2013. – Volume 56. No. 2. – P. 71-96.
6. Kim Insu. Developing an Index of Commitment to Kim Jong Un among the North Korean Elite: Changes in Local Leadership Personnel Following the Purge of Jang Song Thaek // Edinsyours and the world. – Volume 9. No. 1. – P. 131-161.
7. Ko Yuhwan. Building Kim Jong Un’s legacy and changes in North Korean leadership: Shifting power from the army to the party // Journal of the Korean Political Science Society. – 2011. – Volume 45. No. 5. – P. 175-192.
8. Rue Gilge. 2001. “Institutionalizing the ‘Exceptional State’: Trends in State Militarization and the Expanding Role of the Army,” in Studies on the Changing Character of the State in North Korea: The Strengthening of the ‘Exceptional State,’ edited by Choi Wang-gyu (Seoul: Hanul Academy).
HISTORY OF STATE AND LAW
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
INTERNATIONAL LEGAL MEANS OF ENSURING THE FOREIGN POLICY INTERESTS OF MEDIEVAL PSKOV: HISTORICAL CONDITIONS OF ORIGIN AND DEVELOPMENT
The article discusses the problems of the development of medieval legislation of the Pskov Veche Republic in the context of the border situation of the latter and the international legal means of protecting its jurisdiction in cross-border relations caused by this circumstance. Based on the analysis of international acts of medieval Pskov, his contribution to the development of domestic practice of ensuring the foreign policy interests of our country in this era is under investigation.
Keywords: urban republic, cross-border trade, legal regulation, judicial instrument, border, conflict, collision, international arbitration, jurisdiction.
Bibliographic list of articles
1. Vasiliev S.V. Pskov Judicial Charter and the First Lithuanian Statute: Experience in a comparative study of the terminology of legislative monuments. – M.: Quadriga, 2011. – 128 p.
2. Hanseatic documents on the history of Novgorod and Pskov, 1392-1409. / Comp., preparation, preface. and comment. P. V. Lukina, S. V. Polekhova, E. R. Squires. – M.; St. Petersburg: Nestor-History, 2021. – 264 pp.
3. Certificates of Veliky Novgorod and Pskov. – M.: Publishing House of the USSR Academy of Sciences, 1949. – 407 p.
4. Egorov A. Lord, what a big city! Exactly Paris! // Homeland. – 2012. – No. 2. – P. 51-54.
5. Egorov A. On the near border // Rodina. – 2008. – No. 7. – P. 93-96.
6. Egorov A. No claims stated // Rodina. – 2014. – No. 11. – P. 130.
7. Egorov A. M. Irregular formations in the history of law enforcement // Law enforcement agencies of Russia: problems of formation and interaction: Materials of a scientific and practical conference with international participation, Pskov, November 11–12, 2021. – Pskov: Pskov branch of the Academy of the Federal Penitentiary Service of Russia, 2022. – P. 84-88.
8. Egorov A. M. Legal acts of medieval Pskov as a source on the history of international relations of the XIV-XV centuries. // Current problems of the financial history of the country: Materials of the international scientific-practical conference, highlighting the 450th year of the Civil Code of the Republic of Belarus and the 100th year of issuing the first book of the collection – Polotsk-Vitebsk antiquity, Vitebsk, October 06–07, 2011. – Vitebsk: Vitebsk State University named after. P. M. Masherova, 2011. – P. 20-23.
9. Egorov A. M. Medieval justice and foreigners in the north-west of Rus’ // Rodina. – 2003. – No. 12. – P. 80.
10. Egorov A. M. Rivalry of members of the Hanseatic League for leadership in cross-border trade on the Baltic Sea in the Middle Ages // Eurasian Legal Journal. – 2019. – No. 4 (131). – pp. 93-94.
11. Egorov A. M. Cross-border aspects of the political and legal development of the city republic of medieval Pskov // History of State and Law. – 2013. – No. 1. – P. 12-14.
12. Egorov A. M., Egorov I. A. Dynastic conflicts and their influence on the foreign policy of medieval Rus’ in the era of Alexander Nevsky // From Alexander Nevsky to the present day: lessons from history: Materials of the VIII International Alexander Nevsky Readings, Pskov, 08 –09 June 2017 / Pskov State University. – Pskov: Pskov State University, 2017. – P. 35-41.
13. Kazakova N. A. Russian-Livonian and Russian-Hansean relations. – L.: Publishing house “Nauka”, 1975. – 359 p.
14. Pskov Chronicles. (Complete collection of Russian chronicles. T. V. Issue 1.). – M., 2003. – 148 p.
HISTORY OF STATE AND LAW
RYABOV Sergey Ivanovich
Ph.D. in historical sciences, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
NOBLE LAND OWNERSHIP ON THE DON: PREREQUISITES AND CONDITIONS OF OCCURRENCE
The article offers the author’s view on the prerequisites and conditions for the emergence of noble land ownership as a new form of private property among the Don Cossacks. The inclusion of the Land of the Don army into the legal space of the Russian Empire, the special status of the military service class and the privileges of the Don Cossacks, the skillful exploitation of the labor of the non-military class allowed the most prominent military officials and rich Cossacks to acquire hereditary nobility, equalizing their rights with the Russian nobility.
Keywords: land ownership, nobility, history, Don Cossacks, private property.
Bibliographic list of articles
1. Vetchinkin V.N. Essay on land ownership on the Don in connection with the development of land surveying. – Novocherkassk, 1874.
2. Savelov L. M. Don noble families: Vol. I. – M., 1902.
3. Savelov L. M. Don nobility: Vol. II. – M., 1914.
4. Savelyev E. P. White slavery on the Don: to the fiftieth anniversary of the liberation of the Don peasants. – Novocherkassk, 1911.
5. Pronshtein A.P. Don Land in the 18th century. – Rostov-n/D, 1961.
6. Korshikov N. S. Noble land ownership on the Don. – Rostov n/d, 1997.
7. Korshikov N. S. Land and freedom: Reforming land use on the Don in the first half of the 19th century. – Rostov-n/D, 1994.
8. Land in the destinies of the Don Cossack: a collection of historical and legal acts of 1704-1919. / Comp. N. Korshikov. – Rostov-n/D, 1998.
9. Korshikov N. S. Nobles and Counts Platov. – Rostov-n/D, 2004.
10. Ryabov S.I. Don land in the 17th century. – Volgograd, 1993.
11. Complete collection of laws of the Russian Empire (PSZRI). T. 24. – St. Petersburg, 1830. – No. 17. – 638 pp.
12. Complete collection of laws of the Russian Empire (PSZRI). T. 25. – St. Petersburg, 1830. – No. 18. – 673 pp.
HISTORY OF STATE AND LAW
TOVSULTANOV Rustam Alkhazurovich
Ph.D. in historical sciences, associate professor of Modern and contemporary history sub-faculty of the A. A. Kadyrov Chechen State University, Grozny
TOVSULTANOVA Malika Sharipovna
senior lecturer of Foreign languages of the Chechen state pedagogical university, Grozny
GALIMOVA Liliya Nadipovna
Ph.D. in historical sciences, professor of SGBN-1 “History” of the N. E. Bauman Moscow State Technical University (National Research University)
PROBLEMS OF INDEPENDENCE OF A NUMBER OF REGIONS OF THE POST-SOVIET SPACE
The relevance of the scientific article is due to the fact that, starting with the collapse of the USSR, in some republics that are part of it, the process of separation of some territories and de facto their non-recognition by the international community for several decades begins. A study was carried out to trace all the specific features that led, after the collapse of the USSR, to the formation of quasi-states (the formation of which was caused by the ill-conceived policies of both the Russian Empire and Bolshevik Russia) , and the distinctive features of state-forming territories from recognized states were characterized. It is stated that in each individual case it is necessary to analyze all the circumstances of recognition of the (in)dependence of a number of territories of the post-Soviet space, taking into account the norms of international law.
Keywords: quasi-state, post-Soviet space, collapse of the USSR, recognition of the state, UN, international law.
Bibliographic list of articles
1. Aliyev N. Nagorno-Karabakh: separatism and the legitimacy of elections // Central Asia and the Caucasus. – 2005. – No. 5 (41). – pp. 128-134.
2. Anchabadze Yu. D. From the history of the development of encyclopedics in the Republic of Abkhazia // Modern Russian regional encyclopedics: place and role in society, development prospects: materials of the All-Russian scientific and practical conference with international participation. – Ufa: Bashkir Encyclopedia, 2019. – pp. 25-30
3. Berdegulova L. A. Quasi-states in the post-Soviet space: historical and legal research: abstract. dis. …cand. legal Sci. – Vladimir, 2007. – 22 p.
4. Gatikoeva N.P. Overcoming cultural trauma and the formation of state identity of the Republic of South Ossetia // Health as a sociocultural phenomenon: materials of the 1st electronic international scientific conference. – Kazan: Kazan State University of Culture and Arts, 2011. – P. 117-124.
5. Kachmazova I. R. Prospects for the future development of the Republic of South Ossetia: independence or entry into the Russian Federation? // Bulletin of the Vladikavkaz Scientific Center. – 2013. – T. 13. No. 2. – P. 15-18.
6. Kvacheva P. I., Petrova S. V. Political and legal status of an unrecognized state in the modern world: historical and legal aspect (on the example of the Republic of Abkhazia) // Bulletin of Perm University. Legal sciences (Vestnik Permskogo universiteta. JUridicheskie nauki). – 2017. – No. 35. – P. 56-65.
7. Litvinenko V. T. Political processes of formation of statehood in Abkhazia, South Ossetia and Transnistria in the context of securityConcerns for the safety of Russian citizens living in these republics: author’s abstract. dis. … Dr. Polit. Sci. – Rostov-n/D., 2010. – 55 p.
8. Materials and notes on the issue of ownership and property rights of the descendants of His Serene Highness Prince Mikhail Shervashidze, the last ruler of Abkhazia. – Verdun, 1913. – pp. 5-7
9. Nurieva I.T. Nagorno-Karabakh is a native Azerbaijani territory // Current issues of social sciences: sociology, political science, philosophy, history. – 2016. – No. 57. – P. 51-56.
10. Reshetnikova V. A., Badyul E. A. Transnistria: the history of the origin and existence of an unrecognized state // Young scientist. – 2016. – No. 23 (127). – pp. 389-393.
11. Tadtaev T.V. South Ossetia in 1920 (part II) // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2016. – No. 2. – P. 75-80.
12. Shamba S. M. Russia – Abkhazia: history and modernity // Bulletin of MGIMO University. – 2010. – No. 3 (12). – pp. 9-13.
13. Shevchuk N.V. Peacemaking in Transnistria: unlearned lessons: analytical note. – M.: Non-profit partnership “Russian International Affairs Council”, 2020. – 10 p.
CONSTITUTIONAL LAW
ALIEVA Khalisat Telmanovna
Magister student of the 2nd year, full-time of education of Institute of Law of the Dagestan State University, Makhachkala
MAGOMED Tagirovich Dibirov
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
MODERN PROBLEMS OF LEGAL REGULATION OF MEDIA ACTIVITIES DURING THE ELECTION PERIOD
The scientific article discusses the current problems of legal regulation of media activities during the electoral processes in the Russian Federation. The media plays an important role in the information space, especially during election periods, where access to objective and reliable information is a key factor in ensuring free and fair elections. The article deals with three main problems: restriction of freedom of speech and censorship, unequal access to media resources, and insufficient control over the reliability of information. The main aspects of legislation related to the work of the media during the election period are discussed, as well as possible solutions to these problems are proposed. The authors of the article propose strengthening mechanisms for monitoring compliance with freedom of speech and media independence, developing clear criteria for allocating media time between candidates and creating special bodies to combat disinformation.
Keywords: freedom of speech, censorship, media resources, reliability of information, legislation, electoral processes, the Russian Federation.
Bibliographic list of articles
1. Androsova M.V., Strakhova K.A. Issues of legal regulation of election campaigning using the media // Current issues of economic sciences, law and management: collection of materials of the XX-th international intramural scientific and practical conference, Moscow, February 20, 2023. – Moscow: Scientific Publishing Center “Empire”, 2023. – P. 5-7.
2. Bulatsev T. A. Problems of legal regulation of access of candidates and electoral associations to the media during the election campaign // Current problems of law: Collection of scientific articles of undergraduates. Volume Issue 9. – Vladikavkaz: North Caucasus Mining and Metallurgical Institute (State Technological University), 2021. – P. 26-33.
3. Gazimagamadova D. M. Legal regulation of the activities of the media // Science, society, culture: problems and prospects of interaction in the modern world: collection of articles of the VI All-Russian Scientific and Practical Conference, Petrozavodsk, January 06, 2022. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I. I.), 2022. – P. 159-163.
4. Radionova O. A. Modern problems of legal regulation of media activities during the election period // Current issues of legal science and practice: materials of the III All-Russian scientific and practical conference with student participation, Khabarovsk, May 30, 2022. – Khabarovsk: Pacific State University, 2022. – P. 149-152.
CONSTITUTIONAL LAW
AKHMEDOV Said Mirzoevich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
SARKAROVA Jamilya Salikhovna
Ph.D. in pedagogical sciences, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE CONSTITUTIONAL AND LEGAL STATUS OF THE PROSECUTOR’S OFFICE AFTER THE ADOPTION OF AMENDMENTS TO THE 2020 CONSTITUTION
The article is devoted to the analysis of the constitutional and legal status of the Prosecutor’s Office of the Russian Federation in connection with the adoption of amendments to the Constitution of Russia in 2020. The study is based on a comparative legal analysis of the provisions of article 129 of the Basic Law of the country as amended in 2014 and 2020. It is established that the amendments touched upon the concept of the prosecutor’s office, the organizational and legal foundations of its activities. The authors conclude that with the adoption of the amendments, the place and role of the prosecutor’s office in the system of public authority have not become more clear and defined.
Keywords: prosecutor’s office, constitutional and legal status, amendments to the Constitution, prosecutor’s supervision, legality.
Bibliographic list of articles
1. Amirbekov K.I. Constitutional doctrine on the status, structure and functions of the Russian prosecutor’s office in modern conditions // Constitutional and municipal law. – 2023. – No. 7. – P. 23-27.
2. Romanov E. B. Constitutional doctrine as one of the types of sources of the science of constitutional law // Bulletin of Tomsk State University. – 2010. – No. 330. – P. 109-111.
3. Lobachev D. A. The new edition of Article 129 of the Constitution of the Russian Federation “corrected” the Federal Law “On the Prosecutor’s Office of the Russian Federation” // Judicial power and criminal process. – 2021. – No. 1. – P. 88-93.
4. Aleva-German E. A. A. Multifunctionality of the Prosecutor’s Office of the Russian Federation as a principle of its organization and activities // Current problems of Russian law. – 2022. – No. 4. – P. 170-181.
5. Smirnov A.F. Uncertainty of wording in the Federal Law “On the Prosecutor’s Office of the Russian Federation” // Current problems of Russian law. – 2020. – December. – T. 15. – No. 12 (121). – pp. 174-180.
6. Aleva-German E. A. A. On consolidating the multifunctionality of the Russian prosecutor’s office in the text of Article 129 of the updated Constitution of the Russian Federation // System of functions of the prosecutor’s office of the Russian Federation (Sukharev readings): collection. materials VI All-Russian. scientific-practical conf. (Moscow, October 9, 2020) / General. ed. O. S. Kapinus; under scientific ed. A. Yu. Vinokurova; comp. I. A. Vaskina, N. A. Kulakova, A. S. Semenov; University of the Prosecutor’s Office of the Russian Federation. – M., 2021. – pp. 68-73.
7. Lobachev D. A. The Constitution of the Russian Federation as a vector for the development of the prosecutor’s office // Bulletin of the Samara Legal Institute. – 2020. – No. 3 (39). – pp. 42-47.
8. Shobukhin V. Yu. Constitutional regulation of the status of the prosecutor’s office of the Russian Federation: problems, trends and prospects for changing Art. 129 of the Constitution of the Russian Federation // State power and local self-government. – 2020. – No. 4. – pp. 26-29.
9. Bezmelnitsyn S. N. Transformation of the constitutional and legal status of the prosecutor’s office according to the Constitution of the Russian Federation // Young scientist. International scientific journal. – 2022. – No. 9 (404). – pp. 69-71.
CONSTITUTIONAL LAW
ILJINA Olga Yurjevna
Ph.D. in Law, associate professor of the Faculty of Law of the M. K. Ammosov Northeastern Federal University, Yakutsk
ENSURING SOCIAL PARTNERSHIP WITH INDIGENOUS PEOPLES OF THE NORTH AS A CONSTITUTIONAL RESPONSIBILITY OF THE STATE WHEN MAKING DECISIONS IN THE FIELD OF PROTECTION AND RATIONAL USE OF NATURAL RESOURCES
The article reveals the role of the constitutional idea of social partnership with indigenous peoples of the North in the implementation of state policy in the field of protection and rational use of natural resources. The author comes to the conclusion that there is a constitutional obligation of the state to ensure social partnership in the development of natural resources as a system of relationships between indigenous peoples (representatives of indigenous peoples), corporations, government bodies, local governments, aimed at ensuring the coordination of the interests of government, business and communities of indigenous peoples in the field of natural resources relations and other relations directly related to them.
Keywords: natural resources, natural resource rights of indigenous peoples of the North, co-management in the field of natural resources, co-management of indigenous peoples of the North during the industrial development of the territories of their original residence.
Bibliographic list of articles
1. Baburin S. N. Constitutionalization of social partnership for the sake of sustainable development of the modern world // Global dialogue on sustainable development goals: legal dimension: to the 75th anniversary of the UN: collection. materials International scientific-pract. conf. / Rep. ed. T. A. Soshnikova. – M.: Publishing house Mosk. humanitarian University, 2020. – pp. 24–29.
2. Blankenagel A. Constitutions, collective identity and constitutional identity: where should we go? // Comparative constitutional review. – 2022. – No. 1 (146). – pp. 43-75.
3. Kryazhkov V. A. Public authorities and northern peoples: constitutional and legal problems of relations in the sphere of co-government // in the book. Arctic regions of Russia: problems of parliamentarism, representation and regional identity. From tribal communities to the parliament of Yamal. – pp. 74-86.
4. Mamut L. S. The State as a People Organized in a Public Authority Way // Journal of Russian Law. – 2000. – No. 3. – P. 88-100.
5. Pimenova O. Natural resource rights of indigenous peoples and judicial practice of their observance in Canada // Comparative constitutional review. – 2022. – No. 4 (149). – pp. 89-109.
6. Tikhomirov Yu. A. State: monograph. – M., 2013. – P. 50.
7. Chebotarev G. N., Gladun E. F. Co-government of the indigenous peoples of the North with Arctic territories during the period of their industrial development // Journal of Russian Law. – 2015. – No. 5. – P. 52.
8. Chirkin V. E. Modern state. – M., 2001. – P. 294.
9. Chirkin V. E. Socioeconomic paradigm of the Russian Constitution of 1993: pros and cons // Journal of Russian Law. – 2018. – No. 7. – P. 5-15.
ADMINISTRATIVE LAW
ANDRYUSHCHENKO Tatyana Ivanovna
Ph.D. in Law, Head of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
MIKHAYLOV Mikhail Yakovlevich
senior lecturer of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
ADMINISTRATIVE SUPERVISION OF PERSONS RELEASED FROM PRISON AS ONE OF THE MEASURES OF SOCIAL AND LEGAL CONTROL
The article examines the elements of administrative supervision of persons released from prison as one of the measures of social and legal control and its role in preventing recidivism as part of general crime. In order to improve legislation in the field of prevention of recidivism and increase the effectiveness of preventive work with supervised persons by subjects of prevention, it is proposed to form a comprehensive branch of law combining norms ensuring the prevention of crime, the core of which would be a legislative act of an intersectoral nature.
Keywords: administrative supervision, administrative restrictions, administrative responsibility, crime prevention, supervised person, police.
Bibliographic list of articles
1. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ.
2. “Criminal Executive Code” dated 01/08/1997 No. 1-FZ.
3. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ.
4. “Code of Administrative Proceedings of the Russian Federation” dated 03/08/2015 No. 21-FZ.
5. Federal Law of 04/06/2011 No. 64-FZ “On administrative supervision of persons released from prison.”
6. Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 No. 15 “On some issues that arise when courts consider cases of administrative supervision of persons released from prison.”
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 24, 2016 No. 21 “On judicial practice in cases of crimes under Article 314.1 of the Criminal Code of the Russian Federation.”
8. Order of the Ministry of Internal Affairs of Russia dated 07/08/2011 No. 818 “On the Procedure for implementing administrative supervision over persons released from prison.”
9. Order of the Ministry of Justice of Russia, the Ministry of Internal Affairs of Russia dated October 4, 2012 No. 190/912 “On approval of the Regulations for interaction between the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia to prevent the commission of crimes and other offenses by persons registered with penal inspections.”
10. Batysheva I. V. Cruel treatment of minors: qualification issues // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (36). – pp. 52-54.
11. Melikhov A.I. The importance of operational investigative activities of internal affairs bodies for a unified system of prevention // Philosophy of Law. – 2022. – No. 3 (102). – pp. 81-87.
12. Ogorodnikova E. G., Andryushchenko T. I., Shevchuk I. V. Actions of police officers when identifying an administrative offense under Art. 14.17.1 of the Code of the Russian Federation on Administrative Offenses // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (45). – pp. 33-37.
ADMINISTRATIVE LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE CONCEPT AND CLASSIFICATION OF THE NORMS OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES
This article attempts to study the fundamental concepts in administrative and tort legislation. The norms of the legislation of the Russian Federation on administrative offenses are under investigation.
The author proposes to give an original definition of the administrative-tort norm, characterizing it as a multi-type legal prescription.
Using the well-known criteria for classifying administrative and tort norms, the researcher differentiates them by the nature of the prescriptions contained in the norms, and also reveals the nature of the internal relationships between legal norms.
It is noted that despite the well-established opinion of modern jurists about the classical structure of a legal norm, there is a view that the triune integrity of the elements is not inherent in all norms of law, therefore, the norms of law operate in parallel, the structure of which consists of a different set of components.
Keywords: administrative-tort norm, hypothesis, disposition, sanction, norms-principles, norms-definitions, organizing norms, conflict of laws norms.
Bibliographic list of articles
1. Alekseev S.S. Collected works in 10 volumes – Volume 3. Problems of the theory of law: a course of lectures. – M.: Statute, 2010. – 781 p.
2. Astanin A.V. Hypothesis as an element of a legal norm: abstract. dis. …cand. legal sciences; Sarat. state acad. rights. – Saratov, 2004. – 21 p.
3. Baranov A.V. System-defining specialized norms of modern Russian law: abstract. dis. …cand. legal Sciences: 12.00.01; Omsk State University named after F.M. Dostoevsky. – Omsk, 2017. – 26 p.
4. Ilalutdinov A.I. The structure of the rule of law: monograph. – Kazan: Center for Innovative Technologies, 2013. – 247 pp.
5. Klepikov S.N. Principles of establishing administrative responsibility under the legislation of the Russian Federation and foreign countries // Current problems of Russian law. – 2015. – No. 11. – P. 103-110.
6. Kozlov Yu. M. Administrative law: textbook. – M.: Lawyer, 1999. – 320 p.
7. Malakhov S. A. Contents and features of the system of legislation of the Russian Federation on administrative offenses // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (93). – pp. 112-117.
8. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – 5th ed. – M.: Publishing House “Delo” RANEPA, 2020. – 528 p.
9. Piskunova O. V. Functions of the norms of Russian law: abstract. dis. …cand. legal Sciences: 12.00.01; Sarat. state legal acad. – Saratov, 2013. – 26 p.
10. Rogacheva O. S. Efficiency of norms of administrative and tort law: abstract. dis. … doc. legal Sci. – Voronezh, 2012. – 50 p.
11. Tregubova E. V. Administrative legal prohibition: concept, purpose, signs in the anti-corruption mechanism // Administrative and municipal law. – 2010. – No. 6. – P. 84-89.
ADMINISTRATIVE LAW
MUSAEVA Gulbariyat Magomedrasulovna
Ph.D. in Law, associate professor of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
AGAMURADOVA Aniyat Tagirovna
magister student of the 3rd course of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
REVISION OF DECISIONS IN CASES OF ADMINISTRATIVE OFFENSES: FEATURES AND TIMING
The article examines the stage of revision of rulings in cases of administrative offenses, examines the features and examines the regulatory and legal support of this process. The article also examines the problems faced by applicants in the process of reviewing rulings in cases of administrative offenses. The relevance of the study is due to the fact that at the present stage of development of the legal system of the Russian Federation there is an urgent need to improve its outdated components, in particular rulings on cases of administrative offenses.
Keywords: resolution on administrative offenses, proceedings in cases of administrative offenses, appeal, revision of resolutions on administrative offenses.
Bibliographic list of articles
1. Knyazeva I. N. Features of the stage of review of cases of administrative offenses // Bulletin of the South Ural State University. Series: Law. – 2006.
2. Tiunova N.V. Current problems of reviewing cases of administrative offenses in the supervisory order // Bulletin of the Prikamsky Social Institute. – 2018. – No. 2 (80).
3. Tsukanov N. N., Zheleznyak N. S.: The stage of review of resolutions and decisions in cases of administrative offenses to the issue of expediencyimagery of habitual features // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (31).
ADMINISTRATIVE LAW
MISHCHUK Angelika Igorevna
student of the Far Eastern Federal University, Vladivostok
STEPANOVA Anna Sergeevna
student of the Far Eastern Federal University, Vladivostok
SELINA Tatyana Olegovna
student of the Far Eastern Federal University, Vladivostok
TYCHININA Ekaterina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
GRISHCHENKO Violetta Viktorovna
student of the Far Eastern Federal University, Vladivostok
REGULATION OF CONSUMER PROTECTION THROUGH ADMINISTRATIVE MEASURES IN RUSSIA
This article analyzes the key component of the Russian legal system – the use of administrative measures to protect consumer rights. We explore how the law enforcement practice in this area is shaped through regulations, statistics and current events. Special attention is paid to the problems of the quality of goods and services, misleading practices, as well as other key aspects affecting consumer protection, and trends and prospects for the development of these mechanisms are considered.
Keywords: regulation of consumer rights, administrative measures, quality of goods and services, consumer protection, law enforcement in Russia, analysis of legislation, statistical review.
Bibliographic list of articles
1. Galitskaya A. A. Responsibility of the customer and supplier (contractor, performer) for non-fulfillment or improper fulfillment of obligations under the contract // Bulletin of the Academy of Law and Management. – 2018. – No. 3 (52).
2. Korabelsky V. E. Peculiarities of collecting a fine under the law on the protection of consumer rights: judicial practice // International Journal of Humanities and Natural Sciences. – 2022. – No. 1-2.
3. Dementyev V. P., Rumyantseva L. A. Responsibility for violation of consumer rights: problems of theory and practice // Law and Economics. – 2019. – No. 9.
4. State Committee for Standardization of the Russian Federation. Fundamentals of consumer protection legislation. – Moscow: Standards Publishing House, 2021.
5. Popov S. A. Protection of consumer rights in Russia: legislation and practice. – Moscow: Publishing house “Legal Literature”, 2020.
6. European Consumer Center (ECC) Network. Consumer Protection in Europe: Overview of Key EU Legislation and National Laws. Brussels: ECC-Net, 2021.
7. Federal Trade Commission. Consumer Protection Basics: A Handbook for Your Business. – Washington, D.C.: Federal Trade Commission, 2022.
ADMINISTRATIVE LAW
TOLBOEVA Aisha Rizvanovna
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
KURAEV Ramazan Muradovich
student of State law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE FEDERAL SECURITY SERVICE AS A GUARANTOR OF THE PROTECTION OF STATE SECRETS
In modern public relations, subject to the rapid rate of variability of the world order, given the high importance of the institution of state secrets, it is necessary to regularly study the legal regime in the field of protection of “secret” information , to analyze the degree of protection of society from criminal prosecution (when a person violates the law governing the use of information related to state secrets). In the modern world, it is necessary to constantly identify gaps and contradictions in legislation, as well as its direct improvement. The purpose of analyzing the legal regulation of the protection of state secrets is to identify contradictions, “vagueness” in the wording in the legislative sphere.
Keywords: state secret, disclosure of state secrets, system of protection of state secrets, legal act.
Bibliographic list of articles
1. Law “On State Secrets” dated July 21, 1993 No. 5485-1 (latest edition).
2. Decree of the President of the Russian Federation dated August 11, 2003 No. 960 (as amended on February 27, 2023) “Issues of the Federal Security Service of the Russian Federation.”
3. Decree of the President of the Russian Federation “On the list of information classified as state secrets” of 1995
4. Korolev A. A., Sokolova S. Yu. Fundamentals of protecting information that constitutes state secrets. Tutorial. – 2006. – P. 90-92.
ADMINISTRATIVE PROCEEDINGS
TOROSYAN Yuriy Esailovich
postgraduate student of the A. A. Khmyrov Faculty of Law of theKuban State University
ON THE ISSUE OF LEGAL REGULATION OF DIGITAL TECHNOLOGIES IN ADMINISTRATIVE PROCEEDINGS
Digital technologies are being actively introduced into the Russian justice system. Of course, this process has a positive impact on the quality, effectiveness and accessibility of justice. Within the framework of this work, the essence of the term “digital technologies” and “digitalization” is revealed. The classification of the types of digital technologies used in administrative proceedings is considered. The advantages of digitalization in the framework of justice are given. The regulatory and departmental acts regulating the use of digital technologies in administrative proceedings are considered. The disadvantages of digital technologies used in administrative proceedings are analyzed, and possible options for eliminating shortcomings are proposed.
Keywords: administrative proceedings, digital technologies, digitalization, GAS Justice, electronic document management, web conference.
Bibliographic list of articles
1. Makhina S.N., Zavyalova I.S. Digitalization of administrative proceedings as a factor in increasing the effectiveness and efficiency of the implementation of government functions: Russian and foreign experience // Journal of Administrative Litigation. 2020. No. 4. pp. 13-17.
2. On approval of the Explanations (methodological recommendations) for the development of regional projects within the framework of federal projects of the national program “Digital Economy of the Russian Federation”: Order of the Ministry of Telecom and Mass Communications of Russia dated 08/01/2018 No. 428 // SPS “ConsultantPlus” (date of access: 01/09/2024).
3. Code of Administrative Proceedings of the Russian Federation dated 03/08/2015 No. 21-FZ // SZ RF. 03/09/2015. No. 10. Art. 1391.
4. On approval of the Instructions for judicial records management in the district court: Order of the Judicial Department at the Supreme Court dated 04/29/2003 No. 36 // ATP “ConsultantPlus” (date of appeal: 01/09/2024).
5. Instructions for office work in the Supreme Court of the Russian Federation: Order of the Chairman of the Supreme Court of the Russian Federation dated 05/08/2015 No. 32-P // SPS “ConsultantPlus” (date of circulation: 01/09/2024).
6. On approval of the Procedure for submitting documents to federal courts of general jurisdiction in electronic form, including in the form of an electronic document: Order of the Judicial Department at the Supreme Court dated December 27, 2016 No. 251 // SPS “ConsultantPlus” (date of appeal: 01/09/2024) .
7. On information, information technologies and information protection: federation. Law of July 27, 2006 No. 149-FZ // SPS “ConsultantPlus” (date of access: 01/09/2024).
8. On technical regulation: federal. Law of December 27, 2002 No. 184-FZ // SPS “ConsultantPlus” (date of access: 01/09/2024).
9. On electronic digital signature”: federation. Law of 04/06/2011 No. 63-FZ // SPS “ConsultantPlus” (date of access: 01/09/2024).
10. On approval of the Regulations for posting information on the activities of federal courts of general jurisdiction, federal arbitration courts, magistrates and bodies of the judicial community on the Internet information and telecommunications network and the Regulations for posting information on the activities of the Judicial Department at the Supreme Court of the Russian Federation, departments of the Judicial Department in the constituent entities of the Russian Federation Federations in the information and telecommunications network Internet: Order of the Judicial Department at the Supreme Court of the Russian Federation dated November 2, 2015 No. 335 // ATP “ConsultantPlus” (date of appeal: 01/09/2024).
MUNICIPAL LAW
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University, Vladivostok
BAVIN Dmitriy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
LOCAL SELF-GOVERNMENT AS A LEVEL OF PUBLIC AUTHORITY
In this paper, the authors aim to understand whether local government is a public authority. In the field of local self-government, this problem is projected in the form of disputes about the independent nature of self-government and its inevitable dependence on state power. The article considers two approaches to constitutional amendments. The first approach boils down to the fact that local government cannot be a level of public authority. And representatives of the second approach, on the contrary, are convinced that local self-government is inseparable from public authority, and that the amendments contribute to strengthening the connection between the state and the population of the country. Analyzing the arguments of researchers in this field, the authors question some points of view and come to their own opinion.
Keywords: local government, public authority, public authorities, independence, amendments.
Article bibliographic list
1. Andreeva L. A., Visnap N. E., Trukhina I. N. Local self-governmentboard as the foundation of public power // Bulletin of the Novgorod branch of RANEPA. – 2015. – T. 2. No. 4-2 (2). – pp. 84-94. – EDN VDLPEF.
2. Elkina A.V., Fayzullin I.T. Local self-government as a form of public power in decisions of the constitutional court of the Russian Federation // Municipality: economics and management. – 2021. – No. 1 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mestnoe-samoupravlenie-kak-forma-publichnoy-vlasti-v-resheniyah-konstitutsionnogo-suda-rossiyskoy-federatsii (date of access: 12.12.2023).
3. Zazulina M. R. Integrating into the system: local self-government in the conditions of the new federal reform // Bulletin of Kemerovo State University. Series: Political, sociological and economic sciences. – 2022. – No. 3 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vstroitsya-v-sistemu-mestnoe-samoupravlenie-v-usloviyah-novoy-federalnoy-reformy (access date: 12/13/2023).
4. Zekiev V. A. Technocratization of local government. [Electronic resource]. – Access mode: https://zakon.ru/blog/2021/12/17/tehnokratizaciya_mestnogo_samoupravleniya.
5. Myndrescu O.I. Local self-government as an institution of public authority and civil society // Science through the prism of time. – 2021. – No. 6 (51). – pp. 25-29. – EDN TKRIDN.
6. Naumkina V.V. Correlation of the concepts of the system of public power and the structure of public power // Power and society: history, current state and development trends: Collection of materials of the All-Russian scientific and practical conference, Abakan, April 21, 2023 / Scientific. ed. V.V. Naumkina, resp. ed. V. N. Kozlova. – Abakan: Khakass State University named after. N. F. Katanova, 2023. – P. 3-4. – EDN ZYRYCZ.
7. Uporov I.V., Grishay E.V., Popov M.Yu. Local self-government in Russia on the threshold of change: there are questions to the bill // Humanitarian, socio-economic and social sciences. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mestnoe-samoupravlenie-v-rossii-na-poroge-peremen-k-zakonoproektu-est-voprosy (date of access: 12/09/2023).
8. Fatyanov A. A. Problems of the concept of public power: the place of executive power in a unified system of public power // Current problems of protecting individual rights: Russian and foreign experience: Proceedings of the interuniversity scientific and practical conference, Moscow, February 20, 2023 / Edited by I R. Shikuly [and others]. – Moscow: Publishing House “Saratov Source”, 2023. – P. 118-122. – EDN ITXQLB.
CIVIL LAW
VASEVA Irina Sergeevna
Ph.D. in historical sciences, senior lecturer of Civil law disciplines sub-faculty of the Perm Institute of the FPS of Russia
ON THE ISSUE OF THE ACTIVITIES OF TERRITORIAL BODIES, AUTHORIZED REPRESENTATIVES OF THE PRESIDENT OF THE RUSSIAN FEDERATION
The article discusses the main provisions of the activities of territorial bodies, plenipotentiary representatives of the President of the Russian Federation. To fully understand the legal nature and nature of such bodies, it is necessary to analyze the general principles of the activities of executive authorities. Such principles are enshrined in relevant regulatory legal acts and are the result of managerial and administrative practice and theory.
Keywords: federal district, territorial executive authority, institute of plenipotentiaries of the President of the Russian Federation, plenipotentiary representative of the President of the Russian Federation, legal status of territorial bodies of federal districts.
Bibliographic list of articles
1. Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993. // Parliamentary newspaper. – 2009. – No. 4.
2. Alekhin A.P., Karmolitsky A.A. Administrative law of Russia. – M.: IKD “Zertsalo-M”, 2017. – P. 129.
3. Federal Law No. 1-FZ of December 14, 2021 “On the general principles of the organization of public power in the constituent entities of the Russian Federation” Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru
4. Pankova O. V. New system and structure of executive authorities: reference book. Benefit. – M.: WoltersKluwer, 2018. – P. 148.
5. Cherkasov K.V. Public administration at the level of the federal district: administrative and legal research. Diss. … doc. legal Sci. – M., 2016.
6. Decree of the President of the Russian Federation dated June 4, 2001 No. 644 “On some issues of the Ministry of Internal Affairs of the Russian Federation” // Collection of legislation of the Russian Federation. 2001. No. 24. Art. 2416.
7. Decree of the President of the Russian Federation dated May 5, 2014 No. 300 “On some issues of the Ministry of Internal Affairs of the Russian Federation” // Collection of legislation of the Russian Federation. 05/12/2014. No. 19. Art. 2396.
CIVIL LAW
GLINSHCHIKOVA Tatiana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
KUBOV Amir Adamovich
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
ZHEGET Vladimir Sergeevich
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
APPLICATION OF THE PRINCIPLE OF AUTONOMY OF WILL IN THE REGULATION OF PROPERTY RELATIONS OF SPOUSES
The article raises the problems arising in the implementation of the principle of autonomy of the will in the regulation of cross-border property relations of spouses. The authors focus on the conditions and features of the application of the principle of autonomy of will in the field of regulation of international property relations of spouses. It is indicated that family relations may be burdened by the presence of a foreign element: a subject or the location of an object on the territory of a foreign state. However, in this case, problems may arise in determining the applicable law. On the basis of certain provisions (norms) of family legislation, the problems of applying the principle of autonomy of the will in regulating the property relations of spouses are demonstrated. The authors in their work raise the issue of the need to amend the provisions of the conflict of laws rule of Article 161 of the RF IC, which raises the issue of choosing the applicable law when including a prenuptial agreement or an agreement on the payment of alimony. The conclusion is formulated about the need to regulate at the legislative level the form of agreement on the applicable law to the property relations of spouses.
Keywords: property relations of spouses, the principle of autonomy of will, agreement on applicable law, cross-border relations.
Bibliographic list of articles
1. Glinshchikova T.V. International legal regulation of factoring activities // Essays on the latest cameralistics. – 2012. – No. 2. – pp. 42-44.
2. Getman-Pavlova I.V., Kasatkina A.S. Problems of conflict of laws regulation of marriage and family relations in international private law of Russia // Law. Journal of the Higher School of Economics. – 2017. – No. 3. P. 92-110.
3. Marysheva N. I., Muratova O. I. Marriage agreement in private international law: legal regulation in Russia and the EU // Journal of Russian Law. – 2014. – No. 6. – pp. 101-111.
4. Tagaeva S. N. Legal regulation of marriage relations in private international law: abstract. dis. …cand. legal Sci. – Bishkek, 2007. – 73 p.
CIVIL LAW
KRYLOVA Ekaterina Vladimirovna
senior lecturer of Civil law sub-faculty of the Saratov State Law Academy
REGIONAL BRAND: POSING THE QUESTION
The paper considers a new marketing tool for balanced territorial development in Russia – a regional brand. The conceptual framework, scientific interpretations of the brand category and the regional brand are analyzed; its connection with regional identity, patriotism and the image of the territory is demonstrated. A comparison of this means of individualization with a geographical indication, the name of the place of origin of goods and a trademark is carried out. The conclusion is made about the importance of regional brands for the socio-economic and socio-cultural development of the regions.
Keywords: brand, regional brand, territory, identity, branding.
Bibliographic list of articles
1. Anholt S. Branding: the road to the world market. – M.: Kudits-Obraz, 2004. – 290 p.
2. Kotler F. Marketing management. – St. Petersburg: PETER, 2010. – 186 p.
3. Hankinson G. Relational network brands: Towards a conceptual model of place brands // Journal of Vacation Marketing. – 2004. – Vol. 10 No. 2. – Pp. 109-121.
4. Aaker D., Jochimsteiler. E. Brand leadership: a new branding concept. – M.: Grebennikov Publishing House, 2003. – 374 p.
5. Kapferer J.-N. Brand forever: creation, development, support of brand value / Transl. from English E. V. Vinogradova; under. total ed. V. N. Domnina. – M.: Vershina, 2017. – 448 p.
6. Rudaya E. Fundamentals of brand management. – M.: Aspect Press, 2006. – 254 p.
7. Gavrilova Z.V. Branding as an element of market sustainability of a modern enterprise // Marketing in Russia and abroad. – 2008. – No. 3 (65). – pp. 3-9.
8. Savelyeva O. O. Sociology of advertising influence. – M.: RIP-holding. 2006. – 283 pp.
9. Kalashnikova E. A., Zinina O. V. Tools for assessing the innovative potential of a university // Bulletin of KrasGAU. – 2012. – No. 11 (74). – pp. 259-264.
10. CatLer F. et al. Attracting investments, enterprises, residents and tourists to cities, communes, regions and countries of Europe // Advertiser: theory and practice. – 2005. – No. 2. – P. 45-49.
11. Olentsova Yu. A. Corporate culture // Economic security: legal, economic, environmental aspects. collection of scientific papers of the International Scientific and Practical Conference. – 2017. – pp. 8-11.
12. Vazhenina I. S. Image, reputation and territory brand: monograph. – Ekaterinburg, 2013. – 406 p.
13. Selyukov M.V., Shalygina N.P., Skachkov R.A., Kurach E.V. Formation of a competitive brand of the region // Fundamental Research. – 2011. – No. 8-3. – pp. 702-708.
CIVIL LAW
REZYAPOVA Guzel Fratovna
Ph.D. in philosophical sciences, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
COMMERCIAL CONCESSION AGREEMENT: PROBLEMS OF LEGAL REGULATION IN THE RUSSIAN FEDERATION
The article deals with the actual problems of legal regulation of a commercial concession agreement in the context of the development of entrepreneurship and the expansion of civil turnover of goods, works and services in the Russian Federation. The correlation of the regulation of this contract with the basic provisions of civil law and the current regulatory legal acts is carried out. The article analyzes the legal features of the commercial concession (franchising) agreement, the subject matter, subject matter and scope of the transferred rights under the agreement in modern conditions. Some problems arising in connection with the conclusion, modification, cancellation and termination of the contract are identified. The legal consequences of a commercial concession (franchising) agreement in the event of its termination or invalidation in court are under investigation. The article suggests ways to improve the norms of civil legislation governing this institution of law.
Keywords: contract, commercial concession agreement, franchising, state registration, trademark, brand name, modification, termination and termination of the contract.
Bibliographic list of articles
1. Avilova G. E. Commercial concession. – M., 2022. – P. 28.
2. Bagdasaryan A. F. Commercial concession agreement (franchising) // Civil legal problems of concluding an agreement. – M.: Statute, 2009. – 224 p.
3. Boboev D.K. Commercial concession agreements under the legislation of the Republic of Tajikistan: abstract of thesis. … candidate of legal sciences. – Dushanbe, 2010. – 25 pp.
4. Bondarenko V. P. Features of the commercial concession agreement and its legal regulation. Abstract for the academic degree of Candidate of Legal Sciences. – M., 2013. – P. 5.
5. Bondarenko D. P. Legal regulation of a commercial concession agreement in Russian law: abstract of thesis. … candidate of legal sciences. – Moscow, 2013. – 26 p.
6. Braginsky M.I., Vitryansky V.V. Contract law. Book three. Contracts for the performance of work and provision of services. – M.: Statute, 2002. – P. 977.
7. Gaboev S.S. Prospects for the legal regulation of commercial concessions: dissertation for the degree of candidate of legal sciences. – M.: 2008. – 166 p.
8. Gelashvili E.V. Commercial concession agreement: abstract of thesis. … candidate of legal sciences. – Krasnodar, 2007. – 23 p.
9. Mesyashnaya N.V. Legal issues of the formation of franchising in Russia: dissertation for the degree of candidate of legal sciences. – M.: 2000. – P. 19.
10. Orlova O. A. Commercial concession agreement under Russian and foreign legislation: dissertation for the degree of candidate of legal sciences. – Saratov, 2003. – P. 9.
11. Certain types of obligations in private international law / V. N. Borisov, N. V. Vlasova, N. G. Doronina and others; resp. ed. N. G. Doronina, I. O. Khlestova. 2nd ed., revised. and additional – M.: IZiSP, INFRA-M, 2014. – 352 p.
12. Slanova A. V. Commercial concession agreements in civil law of the Russian Federation: abstract of thesis. … candidate of legal sciences. – Krasnodar, 2006. – 23 p.
13. Sukhanova E. A. Civil law: Textbook: In 4 volumes. T. 4 / Ed. E. A. Sukhanova. – M.: Wolters Kluwer, 2011. – P. 32 @@ Tabastaeva Yu., Stauber P. Franchising in Russia: legal regulation and current judicial practice // Economics and Law. – 2007. – No. 7. – P. 34 – 35.
14. Tabarov N. A. Civil law regulation of the provision of exclusive rights under a commercial concession agreement: dis. …cand. legal Sci. – Dushanbe, 2015. – P. 132.
15. Trakhtengerd L. A. Commercial concession agreement (New concept) // Economy and Law. – 2007. – No. 4. – P. 33.
16. Shulga D. V. Regulation of a commercial concession (franchising) agreement in the civil law of Russia: didissertation… candidate of legal sciences. – Volgograd, 2005. – 169 p.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
MEDIATION AS ONE OF THE POSSIBILITIES FOR PRE-TRIAL SETTLEMENT OF A DISPUTE BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
This article explores the role and significance of mediation in the field of plastic surgery. The authors analyzed specific aspects of the mediation process, focusing on the wishes and requirements of patients, medical conditions, and financial and insurance factors. The main conclusion is the need for an integrated approach to mediation, which includes taking into account the interests of all parties, as well as factors that may influence the final result. The article examines in detail the wishes and requirements of patients as a key element of the mediation process in plastic surgery. The authors draw attention to the fact that misunderstanding or incorrect interpretation of these requirements and wishes can cause legal disputes and conflicts. At the same time, medical aspects, such as the qualifications of doctors and the specifics of surgical interventions, have a decisive influence on the outcome of mediation. Financial and insurance aspects are also important components of the mediation process. The article emphasizes the importance of taking these aspects into account when resolving conflicts and disputes in the field of plastic surgery through mediation. , the article provides valuable material for specialists working in the field of plastic surgery and mediation, as well as for anyone Thus interested in effective conflict resolution in this area. The comprehensive approach proposed by the authors allows for a deeper understanding of the mechanisms and principles of mediation in plastic surgery and creates the basis for the development of effective strategies and methods for resolving disputes in this area.
Keywords: mediation, plastic surgery, patients, medical aspects, financial aspects, insurance, legal disputes, conflicts, conflict resolution, integrated approach
Bibliographic list of articles
1. Antonova N. L., Merenkov A. V. Body as a project: design practices. Bulletin of the Perm National Research Polytechnic University // Socio-economic sciences. 2019. No. 2. P. 8-20.
2. Harutyunyan A. A. Mediation in criminal proceedings. M.: Infotropik Media, 2013. P. 200.
3. Aslyamova K. R. Problems of regulating legal relations in the field of plastic surgery // Scientific achievements and discoveries. 2018. pp. 156-159.
4. Bobrovskaya O. N., Ziganurova Z. Z. Novels in the legal regulation of relations arising in the field of aesthetic surgery // Medical law: theory and practice. 2019. No. 5 (1). pp. 111-115.
5. Werner E. Mediation as a way of out-of-court settlement of a dispute. Mediation as one of the methods of alternative dispute resolution. // Law. Kz. [Electronic resource], 2018.
6. Golub O. Yu. Prospects for the development of mediation // News of Saratov University. New episode. Series: sociology, political science. – 2017. – pp. 33-37. [Electronic resource]. – Access mode https://cyberleninka.ru/article/n/perspektivy-razvitiyamediatsii-v-rossii/viewer
7. Kopytkova N. V. Legal regulation of the provision of services in the field of plastic surgery // News of the Gomel State University. F. Skorina. 2016. No. 2 (95). pp. 83-87.
8. Manturova N. E., Kochubey V. V., Kochubey A. V. Competence of plastic surgeons // Bulletin of the Russian State Medical University. 2018. No. 2. P. 70. DOI: 10.24075/brsmu.2018.023
9. Popadenko E. V. Application of conciliation procedures (mediation) in criminal proceedings. M.: Yurlitinform, 2010
10. Popova Yu. A., Ilyushnikov D. S. Main forms of application of mediation: pre-trial and judicial // Power of the Law. 2016. No. 4. P. 47.
11. Streltsova E. G. Organization of mediation as an element of state policy in the sphere of protection of rights and interests (based on Russian historical and modern foreign experience) // Bulletin of civil process. 2012. No. 6. P. 47-56.
12. Mustafin D. Mediation as an alternative method of dispute resolution. // Law. Kz., 2017. [Electronic resource]. – Access mode: https://www.zakon.kz/4851117-mediacija-kak-alternativnyjj-sposob.html/
CIVIL LAW
MOZHENKO Nikita Sergeevich
student of the Law School Far Eastern Federal University, Vladivostok
THE PRINCIPLE OF ADVERSARIAL NATURE OF CIVIL PROCEEDINGS IN THE RUSSIAN FEDERATION
The relevance of the topic is due to the fact that social relations are constantly developing, and legal principles are rarely subject to change, unlike ordinary norms of law. The artickle analyzes the adversarial principle of civil procedural law, namely its normative fixation, content elements, characteristic features, positions of scientists, gaps in legal regulation, ways to eliminate gaps, own conclusions. There is an analysis of some issues of judicial practice, which can be further regulated. The author also emphasizes the possibility and necessity of eliminating some gaps.
Keywords: principle, adversarial nature, civil procedure, civil proceedings, civil procedural law, civil procedure code.
Bibliographic list of articles
1. Argunov A.V. Civil process in Russia and France: principles of adversarial and optional // Bulletin of VSU. – Series: Law. – 2022. – No. 1 (48). – pp. 43-51.
2. Kovalenko A. G. Civil process: textbook / Ed. Doctor of Law, Prof. A. G. Kovalenko, Doctor of Law prof. A. A. Mokhova, Doctor of Law, Prof. P. M. Filippova. – Moscow: Law firm “CONTRACT”; “INFRA-M”, 2008. – 448 pp.
3. Reshetnikov I.V. Civil process: textbook / I.V. Reshetnikov, V.V. Yarkov. – Moscow: Norma: INFRA-M, 2016. – 304 p.
4. Magomedova K.K. Electronic justice: problems and prospects for development in Russia // Legal Bulletin of the Dagestan State University. – 2021. – No. 4. – P. 145-152.
5. Sentsov I. A. Prosecutor in adversarial civil proceedings in Russia // Vestnik VGU. – Series: Law. – 2021. – No. 4 (47). – pp. 140-146.
6. Greshnova N. A. Theoretical analysis of the participation of a representative in civil proceedings as a condition for ensuring the principle of adversarial proceedings and protection of personal interests of citizens // Humanitarian, socio-economic and social sciences. – 2020. – No. 10. – P. 117-119.
CIVIL LAW
NIKOLAENKO Natalya Sergeevna
student of the 4th 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
DERENDYAEVA Sofiya Dmitrievna
student of the 4th 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
COMPARATIVE LEGAL ANALYSIS OF AN ENGINEERING CONTRACT
The article studies the concept of engineering in the legal sense of the word, the legal nature of the contractual structure for the implementation of engineering activities, and addresses issues of legal regulation of contract relations, their distinctive features and characteristics. A legal comparative analysis and characteristics of engineering regulation in various foreign countries are carried out. International acts related to issues of regulation of engineering are considered. In conclusion, the article draws general conclusions about the state of legal regulation of engineering activities in the world, identifies problem areas and the importance of establishing legal certainty in this matter.
Keywords: contract law, engineering, engineering activities, engineering contract, technical contract, work contract.
Bibliographic list of articles
1. Ivanov S.V. Development of cooperation between Russia and China in the mining industry // Problems of modern economics. Eurasian international scientific and analytical journal. – 2011. – No. 4 (40). – pp. 102-105.
2. Engineering services market – growth, trends, covid-19 impact, and forecast (2022-2027). [Electronic resource]. – Access mode: https://www.mordorintelligence.com/industry-reports/engineering-services-market.
3. Ivanova S.V., Sotnikov A.V., Taranovskaya E.V. Trends in the market for engineering services // Russian Foreign Economic Bulletin. – 2022. – No. 8. – P. 54-60.
4. Veretennikova I. I., Efimova I. N., Kovaleva T. N. Cash flows as a basis for the analysis of financial investments of an organization // Innovations in the agro-industrial complex: problems and prospects. – 2014. – No. 1. – P. 27-35.
CIVIL LAW
PRONINA Yuliya Olegovna
Ph.D. in economical sciences, associate professor of Civil law sub-faculty of the Southwestern State University, Kursk
LEGAL REGULATION OF DIGITAL INNOVATIONS USING THE EXAMPLE OF A SMART CONTRACT AS A CONTRACTUAL ASPECT OF E-COMMERCE
The author carried out work to analyze the current legislation regulating e-commerce. The work examines smart contracts as digital innovations. The article was the result of the author’s scientific work on the legal regulation of digital innovation.
Keywords: smart contract, digital innovation, contractual relations, civil turnover, legal regulation, e-commerce, distributed registry technologies, online commerce.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/56957
2. [Electronic resource]. – Access mode: http://www.pravo.gov.ru
3. [Electronic resource]. – Access mode: https://www.fintechru.org/directions/raspredelennyy-reestr/
4. Report for public consultation. Development of distributed ledger technology. Bank of Russia. December 2017. [Electronic resource]. – Access mode: https://www.cbr.ru/content/document/file/36007/reestr_survey.pdf (access date: 12.12.2023).
5. Ivneva E. V., Kavshbaya L. L. Smart contracts: prerequisites for digitalization of the business environment // Olympic legacy and large-scale events: impact on the economy, ecology and sociocultural sphere of host destinations: materials of the XIII International Scientific and Practical Conference, Sochi , May 18–20, 2023 / Sochi State University. – Sochi: Sochi State University, 2023. – P. 263-266. – EDN NEIUSH.
6. Prepared by specialists of JSC “Consultant Plus” What is a smart contract and how to conclude it // SPS ConsultantPlus. 2022.
7. Russian newspaper.” – No. 172. – 08/07/2019.
8. Russian newspaper.” – No. 173. – 06.08.2020.
9. Collection of legislation of the Russian Federation dated November 2, 2020 No. 44 art. 7003.
10. Collection of legislation of the Russian Federation dated January 2, 2023 No. 1 (Part III) Art. 476.
11. Collection of legislation of the Russian Federation.” – 10.15.2018. – No. 42 (part II). – Art. 6480.
CIVIL LAW
PLESHAKOVA Inna Nikolaevna
senior lecturer of Labor law sub-faculty of the V. F. Yakovleva Ural State Law University
MATERNAL (FAMILY) CAPITAL AS AN ATYPICAL TYPE OF SOCIAL SECURITY
The article examines the institution of maternal (family) capital as an atypical type of social security in the Russian Federation. The very concept of maternal (family) capital is subject to scientific discussion, and the opinions of scientists on the issue under study are discussed. The author gives a legal description of maternal (family) capital through the prism of non-characteristic features for other social provision, and explains the development of social security that is atypical in law.
Keywords: maternal (family) capital, social benefits, type of social security, development of atypical.
Bibliographic list of articles
1. Agashev D.V. Sustainability and structure of social security provision // Lex Russia. – 2017. – No. 4 (125). – pp. 133-143.
2. Arakcheev V.S. On the issue of the legal nature of “maternity capital” // Legal problems of strengthening Russian statehood: Coll. articles. Part 42 / Ed. B. L. Haskelberg, V. M. Lebedev, G. L. Osokina. – Tomsk: Tomsk State University Publishing House, 2009. – P. 156-158.
3. Baryshnikova T. Yu. Maternity capital as a special type of social security: family law and civil law aspects // Bulletin of labor law and social security law. – 2010. – No. 5.
4. Baryshnikova T. Yu. Maternity capital as a special type of social security: family law and civil law aspects // Bulletin of labor law and discussion rights: Sat. scientific tr. Vol. 5: Optimization of intersectoral connections of labor law and social security law / Ed. A. M. Lushnikova, M. V. Lushnikova. – Yaroslavl: YarSU, 2010. – P. 52-64.
5. Blagodir A. L. On the question of the structure of the Special Part of Social Security Law // Bulletin of Perm University. Legal sciences. – 2011. – No. 3 (13). – P.158-163.
6. Butenko E. I. The concept and signs of need in the law of social security // Russian legal journal. – 2010. – No. 1. – P. 195-202.
7. Guseva T. S. Theoretical and legal problems of the system of social payments associated with the conceptual apparatus used by the legislator // News of the Penza Pedagogical University. V. G. Belinsky. Social Sciences. – 2011. – No. 24. – P. 109-112.
8. Guseva T. S. Maternal (family) capital: ways to increase the efficiency of legal regulation // Family and housing law. – 2012. – No. 6.
9. Istomina E. A., Fedorova M. Yu. Legal mechanism for managing social risks: Monograph. – Ekaterinburg: Russian Academy of National Economy and Public Administration under the President of the Russian Federation, 2018. – 240 p. – ISBN 978-5-8056-0344-1. – EDN DETKIO.
10. Istomina E. A., Fedorova M. Yu. Legal status of citizens as subjects of social risk management // Bulletin of Perm University. Legal sciences. – 2020. – No. 49. – P. 576-603. – DOI 10.17072/1995-4190-2020-49-576-603. – EDN OFKWGU.
11. Istomina E. A. The expediency of social provision in the context of the economic interests of citizens and the state // Perm Legal Almanac. – 2020. – No. 3. – P. 514-525. – EDN PWUZAA.
12. CorsaneNkova Yu. B. Some problems of legal regulation of the provision of maternity capital // Current state of legislation and science of labor law and social security law: materials of the 6th International Scientific and Practical Conference, November 3-9, 2010 / Rep. ed. K. N. Gusova. – Moscow, 2010.
13. Korsanenkova Yu. B. Identification of the role of intersectoral connections in the process of interpreting the norms of social security law // Law and State: Theory and Practice. – pp. 149-151.
14. Korsanenkova, Yu. B. Identification of the role of intersectoral connections in the process of interpreting the norms of social security law. 2020. – No. 2 (182). – P. 151.
15. Korsanenkova Yu. B. Social support with children in the Russian Federation: reality and prospects: monograph. – M.: Wolters Kluwer, 2010. – 208 p.
16. Merkulova A. V. Maternal capital: questions of theory and practice // Scientific notes of the Oryol State University. – 2011. – No. 6.
17. Nesmeyanova S. E. Kalinina E. G. The concept of vulnerability of individual groups of persons: international and national experience // Russian law: education, practice, science. – 2017. – No. 4. – P. 7-12.
18. Ponomarev D. E. Genesis and essence of legal construction: dis. …cand. legal Sci. – Ekaterinburg, 2005.
19. Social security law in Russia / Ed. D. V. Agasheva, V. S. Arakcheeva. – Tomsk, 2015. – P. 3-47.
20. Puzyreva A. A. Limits of the use of private law structures in social security law: dis. …cand. legal Sci. – Ekaterinburg, 2020.
21. Sadikov O. N. Atypical institutions in Soviet civil law // Soviet State and Law. – 1979. – No. 2. – P. 32-39.
CIVIL LAW
PUKHART Alexander Askoldovich
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
SIBILEV Ilya Andreevich
postgraduate student of the 2nd year of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL REGULATION OF PROBLEMATIC ISSUES RELATED TO THE FUNCTIONING OF ARTIFICIAL INTELLIGENCE SYSTEMS IN THE RUSSIAN FEDERATION
The article discusses current issues of legal regulation of the artificial intelligence systems functioning in the Russian Federation. The main problem areas are defined, which legal regulation in the current legislation has gaps. The authors propose draft amendments to the legislation of the Russian Federation, touching upon topical issues of legal regulation of artificial intelligence systems. Minor amendments to the general provisions on intellectual property, modification of the design of the contract of author’s order, as well as the proposed mechanism of liability for damage caused by artificial intelligence are considered.
Keywords: intellectual property, artificial intelligence, copyright, copyright objects, civil liability.
Bibliographic list of articles
1. Tesla driver dies in first fatal crash while using autopilot mode. [Electronic resource]. – Access mode: https://www.theguardian.com/technology/2016/jun/30/tesla-autopilot-death-self-driving-car-elon-musk (accessed November 15, 2023)
2. Gaivoronskaya Ya. V., Galchun E. A. Harm caused by artificial intelligence: aspects of responsibility and legal personality // Advances in Law Studies. 2021. No. 4. P. 76-80. DOI: https://doi.org/10.29039/2409-5087-2021-9-4-76-80.
3. Martyanova E. Yu. On the issue of determining the subject of authorship in relation to works created by artificial intelligence // Perm Legal Almanac. 2019. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-opredelenii-subekta-avtorstva-v-otnoshenii-proizvedeniy-sozdannyh-iskusstvennym-intellektom (date of access: 12/10/2023).
4. Medvedev A.I. Legal aspects of artificial intelligence and related technologies // Journal of the Intellectual Rights Court. December 2022. Issue. 4 (38). pp. 48–63.DOI: 10.58741/23134852_2022_4_48.
5. Filipova I.A., Koroteev V.D. The future of artificial intelligence: an object or a subject of law? // Journal of Digital Technologies and Law. 2023. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/buduschee-iskusstvennogo-intellekta-obekt-ili-subekt-prava (date of access: 11/10/2023).
6. Khisamova Z. I., Begishev I. R. Legal regulation of artificial intelligence // Baikal Research Journal. 2019. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoe-regulirovanie-iskusstvennogo-intellekta (access date: 12/02/2023).
CIVIL LAW
SAYFULLINA Mariya Ivanovna
postgraduate student of Theory of state and law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
BALABANOVA Olga Olegovna
magister student of Civil law and process sub-faculty of the N. I. Lobachevskiy Nizhny Novgorod State University
CIVIL LAW CONTRACT: CONCEPT, LEGAL NATURE (HISTORICAL, LEGAL AND CIVIL ASPECTS)
The authors of the scientific work begin their research by studying the concept of “civil law contract”, the history of its development and its formation as a category of law. Revealing the essence of the civil law institution, the authors note that to date there has not been developed a unified approach to the interpretation of the term under study. The authors of this study conclude that the contract in question is a civil law category, since it acts as a universal regulator of civil legal relations arising at the conclusion of the contract.
Keywords: civil law contract, transaction, legal fact, legal relationship, civil law category, functions, legal nature.
Bibliographic list of articles
1. Berdnikov V.G. Functions of the contract” // Proceedings of VYUZI. – M., 1971. – T. X. – 83 p.
2. Bykov A.G. The main functions of a business contract and its role in the national economy // Economic law. – M., 1977. – 319 p.
3. Vitryansky V.V. General provisions on the contract // Codification of Russian private law (edited by P.V. Krasheninnikov). – M., 2017 – 312 pp.
4. Gongalo B.M. Civil law. – M., 2017. T. 2 – 544 pp.
5. Zavidov B. D. General provisions and individual features of obligatory legal relations. The essence of the obligation and the grounds for its occurrence in the Civil Code // Lawyer. – 2003. – No. 1. – P. 27-33.
6. Illarionova T. I. Civil law: textbook. for universities Part 1. – M.: Norma, 2002. – 545 pp.
7. Ioffe O. S. Law of Obligations. – M: Legal. lit., 1975.
8. Kazantsev M.F. On the question of the general theory of legal contract // Antinomies. – 1999. – No. 1. – P. 15-45.
9. Ivanov V.V. General issues of contract theory. – M.: URSS, 2000. – 158 p.
10. Kazantsev M.F. Contractual regulation. Civilistic concept: a textbook for universities. — 2nd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 393 p.
11. Krasavchikov O. A. Soviet civil law. T. 1. – M., 1985. – 578 p.
12. Kukolnik V. G. Russian private civil law. – St. Petersburg, 1815. – 285 p.
13. Meyer D.I. Russian civil law. – M.: Statute, 2003. – 603 p.
14. Morozova L. A. Contract as a universal legal structure // Legal technology. – 2013. – No. 7. – P. 510-512.
15. Pobedonostsev K.P. Course of civil law. Part 3: Agreements and obligations. – St. Petersburg, 1896. – P. 3.
16. Puginsky B.I. Theory and practice of contractual regulation. – M.: IKD “Zertsalo-M”, 2008. – 224 p.
17. Radishchev A. N. Draft civil code. PSS. T. 3. – M.-L., 1938-1954. – pp. 179-180.
18. Satina E. A. Essence, meaning and functions of a civil contract // Bulletin of TSU. – 2014. – No. 7. – P. 35-42.
19. Sukhanov E.A. Civil law: textbook. – M.: Statute, 2020. – 457 p.
20. Terlaich G. A brief guide to the systematic knowledge of civil private law in Russia. Part 2. – St. Petersburg, 1810. – 47 p.
21. Tomsinov V. A. The concept of an agreement in the draft civil code of the Russian Empire of the late XIX – early XX centuries // Vest. Moscow un-ta. – 2018. – No. 5. – P. 3-25.
22. Halfina R. O. The meaning and essence of the agreement in Soviet civil law. – M., 1954. – 453 pp.
23. Shchennikova L. V. On contract law, its prospects and the design of a civil contract // Legislation. – 2003. – No. 5. – P. 18-21.
CIVIL LAW
BAKHTINA Victoria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
LEE Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
GROMCHEVSKAYA Karina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
NAGAI Kira Alexandrovna
student of the Far Eastern Federal University, Vladivostok
MICHUROVA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
EVOLUTION AND SYNCHRONIZATION IN THE LEGAL FIELD: ANALYSIS OF THE DEVELOPMENT OF PRELIMINARY AGREEMENTS IN RUSSIA AND THEIR COMPLIANCE WITH INTERNATIONAL STANDARDS
This article examines the evolution of preliminary agreements in Russia, from the pre-revolutionary era to the present, with an emphasis on their compliance with international standards. The author analyzes the changes in the regulatory regulation of these agreements, the specifics of their enforcement, and the impact of the introduction of new provisions in the Civil Code of the RussianFederation. The article also includes a comparative analysis with international practices, highlighting the key trends and transformations taking place in the Russian legal field in the context of global legal trends.
Keywords: development of preliminary agreements, synchronization with international standards, the Civil Code of the Russian Federation, pre-revolutionary law, global legal trends, legal evolution, comparative analysis, legal innovations, history of jurisprudence.
Bibliographic list of articles
1. Serova Yu. G. Institute of sales in Russian law of the 18th-19th centuries: abstract. dis. …cand. legal Sci. – Nizhny Novgorod, 2007.
2. Sinaisky V.I. Russian civil law. – Kyiv: Printing house A. M. Ponomarev p.u. I. I. Vrublevsky, 1912. – 427 pp.
3. Pobedonostsev K.P. Course of civil law. Part three: Agreements and obligations. – SPb.: Type. A. A. Kraevsky, 1880. – 629 pp.
4. Kokorin I. S. The relationship between the preliminary and organizational agreement // Tsarskoye Selo Readings. – 2012. – N XVI. – pp. 125-134.
5. Shershenevich G. F. Textbook of Russian civil law. In 2 volumes. Volume 2. – M.: Statute, 2005. – 460 pp.
6. Savelyev A.I. Theory of Obligations: Current State and Development Prospects. – Moscow: Publishing House “Norma”, 2021. – 288 p.
7. Vinogradova P. V. Responsibility for violation of obligations in private international law. – Moscow: Legal literature, 2020. – 352 p.
CIVIL LAW
BARANOVA Alina Sergeevna
student of the Far Eastern Federal University, Vladivostok
KAREV Igor Andreevich
student of the Far Eastern Federal University, Vladivostok
MOISEENKO Daria Ruslanovna
student of the Far Eastern Federal University, Vladivostok
YELOVSKAYA Lika Vladimirovna
student of the Far Eastern Federal University, Vladivostok
MOSKINA Marina Nikolaevna
magister student of the Far Eastern Federal University, Vladivostok
ANALYSIS AND COMPARISON OF THE LABOR LAWS OF RUSSIA AND CHINA: LAYOFFS AND LABOR RELATIONS MANAGEMENT
This article is an analytical review and comparison of the labor laws of the Russian Federation and the People’s Republic of China. Attention is focused on the analysis of the criteria for the dismissal of employees, the regulation of the internal labor order, the norms of working time and rest, as well as on ways to maintain labor discipline. The study identifies key similarities and differences in approaches to labor relations management, reflecting the cultural, economic and political characteristics of each country. The results can be useful for determining the directions of development of labor legislation in both countries.
Keywords: labor law, criteria for dismissal, working hours and rest, labor discipline, labor relations management.
Bibliographic list of articles
1. Porokh N. Yu. Comparative legal study of labor legislation of Russia and the People’s Republic of China // Alley of Science. – 2021. – No. 10. – P. 698-704.
2. Daurbekov A. S. Contents of the employment contract in China // Social and political sciences. – 2018. – No. 4. – P. 147-150.
3. Law of the People’s Republic of China “On Employment Contracts” // Asia Business Information Portal. – 2022. [Electronic resource]. – Access mode: https://asia-business.ru/law/law3/dogovor.
4. Law of the People’s Republic of China “On Labor” // Information portal Asia Business. – 2022. [Electronic resource]. – Access mode: https://asiabusiness.ru/law/law3/trud.
5. Termination and termination of an employment contract in China // Information portal “Legal assistance in China”. – 2022. [Electronic resource]. – Access mode: https://chinahelp.me/work/rastorzhenie-i-prekrashhenie-trudovogo-dogovora-v-knr.
6. Li Huanyu. Labor Law of China: Current State and Development Prospects // Journal of International Law and International Relations. – 2020. – No. 3. – P. 112-117.
7. Jonathan Smith. Trends in the development of labor legislation in modern Russia // Russian Journal of Labor Law. – 2021. – No. 2. – P. 45-52.
CIVIL LAW
BLIZNETSOV Alexander Sergeevich
student of the Far Eastern Federal University, Vladivostok
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
MEZIN Maxim Kirillovich
student of the Far Eastern Federal University, Vladivostok
TOLKACHEV Roman Vladimirovich
student of the Far Eastern Federal University, Vladivostok
STANKEVICH Arina Sergeevna
student of the Far Eastern Federal Universityrsity, Vladivostok
THE EVOLUTION OF FAMILY LAW IN RUSSIA
This analytical review presents a historical analysis of family law in Russia, covering the period from Ancient Russia to the present day. The review includes a study of the most important stages in the development of family law, including the influence of Christian and Byzantine traditions, the transition to secular management of marital relations after 1917, and modern aspects of the Family Code of the Russian Federation. The focus is on the analysis of changes in the divorce process, issues of equality of spouses and protection of children’s rights, which allows for a better understanding of the dynamics of family law in Russia.
Keywords: history of family law, development of legislation, secular and religious influence, divorce, Family Code of the Russian Federation, protection of children’s rights, equality of spouses.
Bibliographic list of articles
1. Manakova S. M. Institute of divorce: legal nature and problems of legal regulation // Young scientist. – 2021. – No. 50 (392). – pp. 259–262.
2. Kravchenko E. V. Comparative analysis of family legal norms based on monuments of ancient Russian law // YuP. – 2020. – No. 4 (71). – pp. 61-65.
3. Dubrovskaya T.V. On the issue of legal regulation of divorce in Russia // Rule of law: theory and practice. – 2019. – No. 2 (56). – pp. 18-21.
4. Dementieva T. Yu. Termination and dissolution of marriage according to ancient Russian law // Vestnik VUiT. – 2021. – No. 2 (78). – pp. 14-18.
5. Vorobyova I.V. Conceptual ideas about divorce // Bulletin of the Russian State University for the Humanities. Series “Economics. Control. Right”. – 2020. – No. 9 (131). – pp. 6-9.
6. Family Code of the Russian Federation: federal. Law [dated December 29, 1995 No. 223-FZ (with subsequent amendments and additions)] // Collection. legislation of the Russian Federation. – 1996.- No. 1.- Art. 16.
7. Glendon, Mary Ann. Comparative Family Law: Anglo-American Responses to a Changing World Order // Harvard Journal of Law & Public Policy. – Vol. 22. – 1999. – R. 753-775.
8. Chicherov A.I. Development of family law in Russia and foreign countries: historical and legal aspect. – Moscow: Legal literature, 2018. – 320 pp.
CIVIL LAW
VORONOVA Sofya Alexandrovna
student of the Far Eastern Federal University, Vladivostok
BRAGA Snezhana Sergeevna
student of the Far Eastern Federal University, Vladivostok
BERDYKINA Valeriya Viktorovna
student of the Far Eastern Federal University, Vladivostok
ROSTOTSKIY Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
BASILOV Umid Ihtiyor ugli
student of the Far Eastern Federal University, Vladivostok
THE EVOLUTION AND PROBLEMS OF INTELLECTUAL PROPERTY RIGHTS IN RUSSIA: A HISTORICAL OVERVIEW AND CURRENT TRENDS
This article provides a comprehensive look at the history and current state of intellectual property rights in Russia. It begins with an analysis of the first privilege granted in 1698, and covers important legislative milestones up to the latest decisions of the Supreme Court of the Russian Federation. The main focus is on the challenges faced by the field of intellectual property rights, including the problems of classification, application of laws, ensuring a balance between the rights of authors and public interests, as well as integration into the international context in the context of globalization and digitalization.
Keywords: evolution of intellectual property rights, legislative reforms, copyright and patent law, law enforcement, globalization, digital era.
Bibliographic list of articles
1. Aleksandrova E. A., Shelengovsky P. G. Copyright, its development and consolidation in Russian legislation // Academic journalism. – 2017. – No. 6. – P. 48.
2. Zimin V. A. Legal nature of intellectual rights under the legislation of the Russian Federation: dis. …cand. legal Sciences: 12.00.03. – Moscow, 2015. – pp. 32-33.
3. Civil Code of the Russian Federation of October 21, 1994. Part 1. (as amended on December 5, 2022) // Collection of legislation of the Russian Federation. – 1996. – No. 32. – Art. 3301.
4. Civil Code of the Russian Federation of October 21, 1994. Part 4. (as amended on December 5, 2022) // Collection of legislation of the Russian Federation. – 2006. – No. 52. – Art. 5496.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Rossiyskaya Gazeta. – 2019. – No. 96.
6. Landes, W. M., & Posner, R. A. The Economic Structure of Intellectual Property Law. – Harvard University Press, 2003. – ISBN 0674012046.
7. Braginsky M.I., Vitryansky V.V. Contract law. Book Four:Agreements on the transfer of intellectual rights. – M.: Statute, 2019. – ISBN 978-5-8354-0897-3.
CIVIL LAW
GAYDUK Vyacheslav Alexandrovich
student of the Far Eastern Federal University, Vladivostok
ZHEVLAKOVA Darya Maksimovna
student of the Far Eastern Federal University, Vladivostok
GAVRILCHENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
KONOPLITSKAYA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MALACHEVSKAYA Taisiya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
THE ROLE OF CONTROLLING PERSONS IN BANKRUPTCY: RESPONSIBILITY AND LEGAL ASSESSMENT
This article provides an in-depth analysis of the role of controlling persons in bankruptcy processes in Russia, with an emphasis on their legal responsibility. Various aspects of their influence are under investigation, including internal and external responsibilities, as well as features of delicate liability in the context of Russian legislation. The latest changes in laws, their impact on court decisions are highlighted, as well as statistical trends and cases of prosecution in the field of bankruptcy are discussed, which underlines the importance of the topic in the modern legal environment of Russia.
Keywords: legal responsibility in bankruptcy, control of debtors, internal and external responsibility, delicate responsibility, legislative changes, judicial practice, trends in bankruptcy.
Bibliographic list of articles
1. Suvorov E. D. Subsidiary liability for the debtor’s obligations in the bankruptcy process: issues of law enforcement // Law. – 2013. – No. 12.
2. Savinykh V. A. Subsidiary liability: economic content and legal essence // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2012. – No. 12.
3. Lomakin D., Gentovt O. Responsibility of controlling persons: legal nature and mechanism of attraction to it // Economy and Law. – 2016. – No. 1.
4. 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 // SPS “ConsultantPlus”.
5. Materials of the round table “Subsidiary liability of owners of a bankrupt company: how does this institution work?” // Corporate strategies. Supplement to the weekly “Economy and Life”. – 2017. – No. 15.
6. Shipanova Yulia. Subsidiary liability of controlling persons in bankruptcy // Student theses. National Research University Higher School of Economics, 2019.
7. Ermilov V. B. Responsibility of controlling persons in the event of bankruptcy of the debtor // SHS Web of Conferences, Russian Academy of Intellectual Property. – Moscow, 2021.
CIVIL LAW
GORSHKOV Dmitriy Alexandrovich
General Director of “Gorshkov and Partners” Law Firm, competitor of Business law sub-faculty of the Russian State University for the Humanities
THE RATIO OF COLLATERAL MANAGEMENT AGREEMENTS AND SIMPLE PARTNERSHIPS
The formulation of such a scientific task as comparing a pledge management agreement and a simple partnership agreement is due not so much to the kinship of the compared structures as to the need to clarify the reasons for the legislative decision set out in paragraph 6 of Article 356 of the Civil Code of the Russian Federation. The paper considers the characteristic differences between the institutions of collateral management and a simple partnership. It is concluded that it is permissible to abandon the subsidiary application of the rules on simple partnership to the rights and obligations of creditors-mortgages among themselves.
Keywords: pledge management agreement, simple partnership, pledgee, syndicated lending, collateral obligations.
Bibliographic list of articles
1. Pevzner A. A. Novels of civil law regulation of the plurality of mortgagees // Law and Management. XXI Century. – 2016. – No. 2 (39). – P. 118.
2. The concept of private and public law: Collective monograph / Ed. V. I. Ivanova, Yu. S. Kharitonova. – M.: Unity-Dana, 2013. – 175 pp
3. Shcherbacheva L. V. Management of the right of pledge // Public service and personnel. – 2015. – No. 1. – P. 59.
4. Contract and obligation law (general part) article-by-article commentary to articles 307-453 of the Civil Code of the Russian Federation / V. V. Baybak, R. S. Bevzenko, O. A. Belyaeva and others; resp. ed. A. G. Karapetov. – M.: M-Logos, 2017. Electronic edition. Edition 1.0. 1120 pp. (author of the commentary to Article 356 of the Civil Code of the Russian Federation – R. S. Bevzenko).
5.Belov V. A. What has changed in the Civil Code?: practical. allowance. – M.: Yurayt, 2014. – 183 pp.
6. Gravin D.I. Syndicated lending in Russian and English law // Journal of Russian Law. – 2013. – No. 12. – P. 105.
7. Goreva A. A. Simple partnership agreement and its types: Russian law in the comparative legal aspect // Bulletin of civil law. – 2020. – 3 6. – P. 30-66.
8. Vavin N. G. Issues of civil law: Legal situation of civil partnerships // Law and Life. – M., 1926. – Book. 1. – P. 33.
9. Kachalova A. V. Legal features of concluding agreements on the provision of syndicated loans // Legislation. – 2006. – No. 2. – P. 57-64.
10. Civil law: Textbook: In 2 volumes / Answer. ed. E. A. Sukhanov. – M., 2000. – T. II. – P. 313.
11. Vasilevskaya L. Yu. Legal qualification of the collateral management agreement // Law. – 2016. – No. 3. – P. 41.
12. Makovsky A.L. Own experience is an expensive school // Current problems of private law: Sat. Art. to the anniversary of P. V. Krasheninnikov (Moscow – Ekaterinburg, June 21, 2014) / Ed. V.V. Vitryansky, S.Yu. Golovina, B.M. Gongalo and others – M., 2014. – P. 127.
13. Soviet civil law. T. 2 / Ed. V. A. Ryasentseva. – M., 1965. – P. 314 (author of the chapter – A.I. Maslyaev).
14. Civil Code of the Russian Federation: Pledge. Change of persons in an obligation. Article-by-article commentary to § 3 of Chapter 23 and Chapter 24 / Ed. P. V. Krasheninnikova. – M., 2014. – P. 124 (the author of the commentary on article 356 is O. A. Ruzakova).
CIVIL LAW
GROMCHEVSKAYA Karina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
LEE Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
MICHUROVA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
BAKHTINA Victoria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
NAGAI Kira Alexandrovna
student of the Far Eastern Federal University, Vladivostok
EVOLUTION AND STRATEGIC IMPORTANCE OF DISTRIBUTION AGREEMENTS IN GLOBAL COMMERCLE: LEGAL AND ECONOMIC ANALYSIS
This article provides an in-depth analysis of distribution agreements, with an emphasis on their strategic importance in the context of global commerce. Their development, legal aspects and impact on international trade are investigation. The focus is on the characteristics of distribution agreements, including exclusivity, the rights and obligations of participants, as well as the impact of globalization and technological innovations on their functioning. The authors analyze changes in the legislative environment affecting distribution networks and discuss current economic trends affecting the distribution of goods and services. The purpose of the article is to identify the key elements that determine the success and development directions of distribution agreements in various sectors of the economy.
Keywords: strategic importance of distribution agreements, global commerce, legal and economic aspects, technological innovations, international legislation, exclusive rights, globalization, judicial practice, economic changes.
Bibliographic list of articles
1. Borisova A. B. Distribution agreement // Journal of Russian Law. – 2005. – No. 3 (99). – pp. 56-64.
2. Kazberova O. M. Analysis of the distribution system and its role in the implementation of corporate strategy // Economic analysis: theory and practice. – 2012. – No. 14. – P. 44-50.
3. Andreeva S. A. Qualification of a distribution agreement under Russian law and delimitation from related contractual structures // Competition law. – 2013. – No. 3. – P. 10-15.
4. Errors in the agreement with the exclusive rights of the distributor in 2023 // Criminal lawyer. – 01/04/2023. [Electronic resource]. – Access mode: dmitriisazonov.ru.
5. International Distributor Agreements: Explained // Becker International Law. – 06/10/2019. [Electronic resource]. – Access mode: beckerinternationallaw.com.
CIVIL LAW
DOVGUSHEVA Anna Vladimirovna
student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Tatyana Andreevna
student of the Far Eastern Federal University, Vladivostok
MAGZYANOV Vladislav Petrovich
magister student of the Far Eastern Federal University, Vladivostok
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University, Vladivostok
BOTVINKO Diana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
PRIVACY MANAGEMENT IN THE DIGITAL AGE
This article provides a comprehensive analysis of Russian legislation and judicial practice in the context of privacy management and personal data protection. The emphasis is on the consideration of important court cases concerning the illegal use of personal information, taking into account the activities of the media and their relationship with government agencies. The influence and role of the Supreme Court of the Russian Federation in the formation of legal standards are investigated, as well as the consequences of new legislative initiatives for data processing companies are analyzed. The article aims to identify current problems and directions of development in this area, highlighting the importance of finding a balance between individual rights and the interests of public and private organizations.
Keywords: privacy management, personal data protection, Russian legislation, court decisions, digital security, the Supreme Court of the Russian Federation, interaction with the media, Roskomnadzor, data processing, personal rights.
Bibliographic list of articles
1. Yakovets E. N. The originality of the composition of protected confidential information // Law and cybersecurity. – 2021. – No. 2. – P. 51-58.
2. Federal Law “On Personal Data”: Scientific and practical commentary. – ed. A. A. Priezzhevoy. – No. 11. Russian newspaper. – 2015.
3. Federal Law of July 27, 2006 No. 152 “On Personal Data”.
4. Stanskova U. M. Shafikova G. Kh. Correlation between the constitutional right of an employee to private life and the employer’s right to obtain information about the employee // Bulletin of the South Ural State University. – 2016. – No. 13.
5. Petrov A. Ya. On the personal data of an employee: the current state of legal regulation // Labor Law. – 2018. – No. 4. – P.1-3.
6. Lushnikov A. M. Personal data as a type of information in labor law: problems of theory and practice // Law. – 2011. – No. 10. – P. 46
7. Krivonogov M. S. Legal regime of biometric personal data // Problems of modern science and education. – 2015. – No. 10. – P. 5.
8. Chernyaeva D. V. Legal regulation of employee personal data: experience of Europe and the USA // Issues of labor law. – 2007. – No. 3. – P. 33-35.
9. Miraev A.G. The concept of personal data in the Russian Federation and the European Union. CyberLeninka.
CIVIL LAW
YELOVSKAYA Lika Vladimirovna
student of the Far Eastern Federal University, Vladivostok
KAREV Igor Andreevich
student of the Far Eastern Federal University, Vladivostok
MOSKINA Marina Nikolaevna
magister student of the Far Eastern Federal University, Vladivostok
MOISEENKO Daria Ruslanovna
student of the Far Eastern Federal University, Vladivostok
BARANOVA Alina Sergeevna
student of the Far Eastern Federal University, Vladivostok
REGULATORY INSTRUMENTS IN MODERN RUSSIAN LEGISLATION: ASSESSMENT AND IMPLEMENTATION
This paper examines the application and theoretical aspects of regulatory instruments in the Russian legal context. The study includes an analysis of the concepts of “motivation” and “stimulation” and their role in various fields such as demography, information technology, education and the social sphere. The focus is on studying the effects of the family support program and tax preferences for IT companies, illustrating the impact of regulatory instruments on socio-economic processes in the country. The paper analyzes both the positive and negative sides of these mechanisms, including potential risks and the need to ensure a financial balance.
Keywords: regulatory instruments, incentives, demographic initiatives, family support, IT sector, tax preferences, social well-being, education policy.
Bibliographic list of articles
1. Sheindlin B.V. On the nature of the official role of Soviet socialist law // Questions of the Soviet state and law. – Leningrad University Publishing House, 1955. – P. 59
2. Revina S. N. On legal regulation and legal influence // Bulletin of the Nizhny Novgorod Academy of the Ministry of Foreign Affairs of Russia. – 2012. – No. 1 (17). – P. 48
3. Malko A.V. Incentives and restrictions in law: monograph. 2nd ed., revised, and add. // Lawyer. – 2004. – P. 60.
4. Bakhrakh D. N. Encouragement in the activities of public administration // Journal of Russian Law. – 2006. – No. 7.
5. Hirsch A. J. Legal Incentives and Behavioral Economics // Journal of Legal Studies. – 2021. – Vol. 50. – No. 1. – P. 79-102
6. Pavlovsky A.V., Petrova A.A. Modern trends in the development of legal regulation in the Russian Federation // Journal of Legal Research.- 2018. – No. 4. – P. 112-118.
CIVIL LAW
IZOTOVA Ekaterina Alexeevna
student of the Far Eastern Federal University, Vladivostok
VYRDYLINA Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
ZHUK Konstantin Denisovich
student of the Far Eastern Federal University, Vladivostok
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
FROLOV Vladimir Alexandrovich
student of the Far Eastern Federal University, Vladivostok
DYNAMICS AND CHALLENGES IN INTELLECTUAL PROPERTY REGULATION IN RUSSIA
This article provides a detailed overview of the current situation and future trends in the field of intellectual property protection in the Russian Federation. The development and difficulties arising in the context of legal regulation of intellectual property in conditions of constant technological and social change are investigated. The focus is on the main problems, such as the gap between technological development and legislative reaction, ambiguity in judicial practice and the impact of global standards on national legislation. Special attention is paid to the analysis of court cases concerning intellectual property rights, and current and future problems in the field of intellectual property protection in Russia are considered.
Keywords: intellectual property, legislative adaptation, judicial uncertainty, technological innovations, copyright, international influence, digital piracy.
Bibliographic list of articles
1. Polyakova Yu. A., Vorobyova O. A., Ivanov A. I. Protection of intellectual property and legitimate interests of the copyright holder // Baltic Humanitarian Journal. – 2019. – No. 2. – P. 160-165.
2. Chertakova E. M. Legal problems of improving the protection of intellectual property in the Russian Federation // Karelian scientific journal. – 2019. – No. 4. – P. 24-28.
3. Kopyev Alexey Vladimirovich. Name as a means of individualization of goods (works, services) in entrepreneurial activity // Legal Concept. – 2017. – No. 1. – P. 119-124.
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” – Access from the reference legal system “ConsultantPlus”.
5. Civil Code of the Russian Federation, part 4 (Civil Code of the Russian Federation, part 4) – Access from the reference legal system “ConsultantPlus”.
6. Ediev R. A. Stages of formation of political and legal norms for the protection of intellectual property // State and municipal management. Scientific notes. – 2020. – No. 1. – P. 247-253.
7. DLA Piper. Intellectual Property Rights in Modern Warfare and Russia’s Approach to IP Law in Times of Conflict. Accessed from the DLA Piper legal reference system. – 2022.
8. World Intellectual Property Indicators Report. Worldwide Trademark Filing Soars in 2020 Despite the Global Pandemic. Accessed from World Intellectual Property Organization (WIPO). – 2021.
CIVIL LAW
ZHEVLAKOVA Darya Maksimovna
student of the Far Eastern Federal University, Vladivostok
GAYDUK Vyacheslav Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KONOPLITSKAYA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MALACHEVSKAYA Taisiya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
GAVRILCHENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF MANAGEMENT STRATEGIES: FROM HIERARCHY TO BUSINESS INNOVATION
In the rapidly changing business world, where adaptation and flexibility become essential for success, rethinking management strategies turns out to be an important element. This article analyzes the transition from traditional, hierarchical management methods to more flexible and adaptive approaches, focusing on key aspects of changes in communication, teamwork and the use of technology.
Keywords: management strategies, hierarchical approaches, innovative approaches, adaptability, business strategies, flexibility in management, technological integration, team effectiveness.
Bibliographic list of articles
1. Rudakova L. V. Features of the development of a company’s management system in a digital economy // Financial business. – 2022. – No. 9 (231). – pp. 33-35.
2. Akmaeva R.I., Lunev A.P., Mineva O.K. Development of management from a traditional management system to self-learning and self-governing organizations // KAspian region: politics, economics, culture. – 2015. – No. 2 (43). – pp. 223-230.
3. Otstavnov S. S., Otstavnov N. S., Breusov A. V. Improving the organization’s management system: traditional and promising tools in the process of startup evolution // Innovations in management. – 2017. – No. 4 (14). – pp. 56-63.
4. Stepanyan T. M. Main problems of transformation of traditional personnel management systems // Personnel management – a component of organization development. Collection of articles based on the materials of the scientific and practical conference. Russian University of Transport (MIIT). – M., 2022. – P. 96-104.
5. Mintzberg H. The structuring of organizations: A synthesis of the research. – Prentice-Hall, 1979.
CIVIL LAW
KRIVONOSOVA Sofya Andreevna
student at the Law School of the Far Eastern Federal University, Vladivostok
SAVVATEEV Sergey Vladimirovich
student at the Law School of the Far Eastern Federal University, Vladivostok
SHICHKO Alexey Romanovich
student at the Law School of the Far Eastern Federal University, Vladivostok
ARTEMYEV Roman Dmitrievich
student of the Law School of the Far Eastern Federal University, Vladivostok
HISTORICAL DEVELOPMENT AND CURRENT STATE OF THE INSTITUTION OF COMPENSATION FOR MORAL DAMAGE
The formation of the institution of moral harm in the Russian state is analyzed, starting with Russian Pravda, Code of Laws of Ivan III and Code of Laws of Ivan VI, and ending with our time. Justifications for the reasons for reforming this institution are given. In particular, the historical cause-and-effect relationship of the formation of norms and rules on compensation for moral damage was traced. Some problems that currently exist in the legislation of the Russian Federation regarding the definition of the concept and the establishment of the amount of compensation are formulated.
Keywords: formation of the institution of moral harm, compensation for moral harm, problems of the institution of moral harm.
Bibliographic list of articles
1. Gatsky M. A. Moral harm: the magnitude of suffering and the amount of compensation. – Moscow: Publishing house MGOU, 2007. – 172 p.
2. Kuznetsova O. V. Compensation for moral harm: a practical guide. – Moscow: Justitsinform, 2009. – 67 p.
3. Khusnutdinova S. A. History of the emergence and development of the institution of compensation for moral harm in Russian law // Young scientist. – 2015. – No. 23 (103). – pp. 793-794.
CIVIL LAW
KUDINOV Maxim Valerjevich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
CLOSED-END MUTUAL INVESTMENT FUND AS AN OBJECT OF ENTREPRENEURIAL ACTIVITY
The article considers closed-end mutual funds as instruments of collective investment in the business segment. The author examines the current situation of closed-end funds in the financial market. In addition, the analysis of the legal status of this financial instrument from the point of view of the tax legislation of the Russian Federation is carried out, as well as its significance for entrepreneurial activity is revealed.
Keywords: closed-end mutual investment fund, entrepreneurial activity, business, tax, Bank of Russia, investor, shareholders.
Bibliographic list of articles
1. Abysov R.V. On the current state of the market of closed-end mutual investment funds in the Russian Federation // Man. Society. Society. – 2023. – No. 6. – P. 209-213.
2. Bukharov A. E. Structuring innovative projects using closed mutual investment funds // Drucker Bulletin. – 2022. – No. 5 (49). – pp. 210-220.
3. Gorin D.V. Subsidiary liability of members of a closed-end mutual investment fund // Modern scientific research: current issues, achievements and innovations: Collection of articles of the XXXIII International Scientific and Practical Conference, Penza, June 10, 2023. – Penza: Science and Enlightenment (IP Gulyaev G.Yu.), 2023. – P. 128-130.
4. Pavlova A. V. Commercial real estate and closed mutual real estate investment funds as objects of private investment in 2021 // Economics, entrepreneurship and law. – 2021. – T. 11. No. 5. – P. 1245-1270.
5. Shaimardanov T. R., Pogodin A. V. Closed mutual investment funds as a way of investing and structuring assets. Development of closed-end mutual funds in Russia and advantages in comparison with other mutual investment funds // Universum: economics and jurisprudence. – 2022. – No. 10 (97). – pp. 22-27.
CIVIL LAW
KUZNETSOV Dmitry Alekseevich
postgraduate student of Civil and corporate law sub-facultyof the St. Petersburg State Economic University (SPBGEU)
EVALUATION CATEGORIES IN LEGISLATION SUBORDINATED TO THE FEDERAL ANTIMONOPOLY SERVICE OF RUSSIA AND ECONOMIC JUSTICE: PROBLEMS OF APPLICATION (USING THE EXAMPLE OF THE CATEGORY “INSIGNIFICANCE”)
This article examines the problems of evaluation categories related to antimonopoly legislation, using the example of a traditional category for administrative law and well-known to administrative law and practitioners in the form of “insignificance”, demonstrates the gap the application of evaluation categories in cases involving antimonopoly authorities.
Keywords: evaluation categories, insignificance, competition law, administrative law, arbitration proceedings.
Bibliographic list of articles
1. Barmina O. N. Valuation categories have the right: based on judicial and arbitration practice. // Arbitration and civil process. – 2019. – No. 2. – P. 21-24.
2. Bershitsky E. E. Legal certainty and evaluation categories. – M.: Logos, 2021. – 154 p.
3. Vaipan A.V., Gabov A.V., Egorova M.A., Kinyov A.Yu., Petrov D.A. Economic concentration: experience in economic and legal research of market and legal structures: monograph / Responsible. ed. Doctor of Law M.A. Egorova. – M.: Justitsinform. 2016. – 552 pp.
4. Golubtsov V. G. Evaluation concepts in Russian codifications of civil law // Lex Russica (Russian law). – 2019. – No. 8. – P. 47-50.
5. Milsky A. S. The insignificance of the offense in the legislation of the Russian Federation on advertising. // Administrative law and process. – 2018. – No. 8. – pp. 53-57.
6. Rekhtina I.V. Bolovnev M.A. Types of assessment categories in the civil process. // Modern law. – 2019. – No. 6. – P. 99-103.
7. Ryasina A. S. Development of scientific ideas about assessment categories in Russian law // Russian justice. – 2020. – No. 6. – P. 4-7.
8. Sergeeva O. Yu. Noyaanova A. A. Valuation concepts in the arbitration process. // Arbitration and civil process. – 2013. – No. 6. – P. 2-6.
9. Smirnova M. G. Principles of law and evaluative categories: problems of correlation. // Principles of civil, arbitration and administrative proceedings: problems of theory and practice: collection of scientific articles / Comp. and ed. L.V. Voitovich. – St. Petersburg: Asterion, 2021 – 522 pp.
10. Titov E. E. Administrative responsibility for violations of the antimonopoly legislation of the Russian Federation. // Author’s abstract. dis. for the degree of Ph.D. – Ekaterinburg, 2015. –26 sec.
CIVIL LAW
KUCHUK Maxim Igorevich
student of the Far Eastern Federal University, Vladivostok
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
DONSKOY Vasiliy Andreevich
student of the Far Eastern Federal University, Vladivostok
ETHICAL AND LEGAL DILEMMAS IN ORGAN TRANSPLANTATION: A COMPARATIVE ANALYSIS OF WORLD PRACTICES AND RUSSIAN REALITY
This article provides a comprehensive analysis of ethical and legal issues related to organ and tissue transplantation. Central attention is paid to comparing approaches to donation in different countries, including studying the differences between international and Russian legislation. Important topics are discussed, such as the legal regulation of donation after death, ethical dilemmas and social aspects faced by the medical community and society. Special attention is paid to the study of various donation models, including the system of presumptive consent in France and the system of active consent in Germany, as well as the progressive approach introduced in the UK with the adoption of the “Max and Keira Law” . The article also examines how a variety of legislative approaches affect the effectiveness of donation programs and meeting the needs of recipients, taking into account moral and ethical norms and human rights.
Keywords: organ transplantation, legal aspects, ethics of transplantation, international practices, Law on burial, ethical dilemmas, social responsibility, Russian and world legislation, “Max and Keira’s Law”.
Bibliographic list of articles
1. Draft Federal Law “On Human Organ Donation and Transplantation”. [Electronic resource]. – Access mode: https://minzdrav.gov.ru/documents/8145
2. Without warning. Doctors legally remove a patient’s organs. 04/08/2015 [Electronic resource]. – Access mode: https://lenta.ru/articles/2015/04/08/transplantation/
3. Kudashova Tatyana Gennadievna O pcitizens have the right to dispose of their organs and tissues // News of OGAU. – 2012. – No. 36-1. – P. 260. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-prave-grazhdan-rasporyazhatsya-svoimi-organami-i-tkanyami.
4. “Civil Code of France (Napoleonic Code)” dated March 21, 1804 (as amended and supplemented as of September 1, 2011) // from the “International Law” information bank.
5. Bunyatova F. D. Types of testamentary dispositions in French civil law. – (Inheritance of certain types of property). – Text: direct // Inheritance law. – 2012. – No. 4. – P. 44-46.
6. Schroth U. Criminal legal framework of donation in Germany // Modern medical law. Collection of scientific papers. – M.: Publishing House INION RAS, 2003. – P. 339-348.
CIVIL LAW
KRIVONOSOVA Sofya Andreevna
student of the Law School of the Far Eastern Federal University, Vladivostok
SURKOV Artyom Nikolaevich
student of the Law School of the Far Eastern Federal University, Vladivostok
SAVVATEEV Sergey Vladimirovich
student of the Law School of the Far Eastern Federal University, Vladivostok
ARTEMYEV Roman Dmitrievich
student of the Law School of the Far Eastern Federal University, Vladivostok
GROUNDS FOR COMPENSATION FOR MORAL DAMAGE
In the article, compensation for moral damage is considered as a measure of legal liability. Four reasons for its occurrence were also identified; it was indicated that they must be present all together, otherwise liability does not arise, with only a few exceptions provided for by the legislation of the Russian Federation.
Keywords: measure of responsibility, grounds for compensation for moral damage, illegality, harm, causation, guilt.
Bibliographic list of articles
1. Burtsev A. A. Compensation for moral harm: concept and features // Bulletin of modern research. – 2018. – No. 9.4 (24). – pp. 384-386.
2. Kuznetsova O. V. Compensation for moral harm: a practical guide. – Moscow: Justitsinform, 2009. – 67 p.
3. Abramova E. N., Averchenko N. N. [et al.] Civil law: textbook / Ed. A. P. Sergeeva. – 2nd ed., revised. and additional – Moscow: Prospekt, 2020. – 1041 p.
4. Ezhova E. V. Compensation for moral damage, features of its compensation // New science: Problems and prospects. – 2017. – T. 1. No. 3. – P. 203-206.
CIVIL LAW
MAKLETSOVA Irina Kirillovna
postgraduate student of Civil law sub-faculty of the Saratov State Law Academy
ELECTRONIC AND NON-ELECTRONIC PROCUREMENT FOR STATE AND MUNICIPAL NEEDS
The article discusses the features of electronic and non-electronic procurement to meet state and municipal needs. Thus, for more than 10 years, the priority task of state policy has been the digitalization of procurement and the transition to electronic procedures, however, the current military and political situation in the world, as well as the sanctions policy on the part of unfriendly states, forces us to change the course of openness of the contract system to “closeness” of procurement by conducting them in non-electronic form. Based on the analysis, the author formulated the terms electronic and non-electronic procurement, which are proposed to be fixed at the legislative level.
Keywords: digitalization, electronic and non-electronic public procurement, contract system.
Bibliographic list of articles
1. Kholkina N. A., Shvets A. V. Development of digitalization of the contract system in the field of procurement // Financial markets and banks. 2019. No. 2.
2. Khanin S.V., Saberova M.Sh. The principle of openness and transparency in the legislation on the contract system // Legal technology. 2020. No. 14.
3. Shmeleva M. V. Electronic procurement as a way to protect public interests // Legal Concept. 2019. No. 4.
4. Yuzefovich Zh. Yu., Pereverzeva N. A. Legal guarantees for the implementation of the principles of the contract system in the sphere of procurement of goods, works, services for state and municipal needs // BGZh. 2018. No. 3 (24).
5. Titova G. G. Civil law role of the electronic trading platform in determining the supplier of goods for public needs // Agrarian and land law. 2019. No. 4 (172). pp. 12-15.
CIVIL LAW
MALACHEVSKAYA Taisiya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
KONOPLITSKAYA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
GAYDUK Vyacheslav Alexandrovich
student of the Far Eastn Federal University, Vladivostok
GAVRILCHENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
ZHEVLAKOVA Darya Maksimovna
student of the Far Eastern Federal University, Vladivostok
HARMONIZATION OF GLOBAL AUDITING STANDARDS: GLOBAL CHALLENGES AND DEVELOPMENT STRATEGIES
In the era of globalization, financial markets are becoming increasingly interconnected, which underscores the need to harmonize auditing standards at the international level. The effectiveness and reliability of financial reporting are becoming key factors for ensuring transparency and trust in the international economy. The implementation of International Standards on Auditing (ISA) is an integral part of this process aimed at harmonizing accounting and auditing practices worldwide. The study focuses on the influence of major international financial institutions such as the IMF and the EU on the process of unification of auditing standards, and analyzes the difficulties and obstacles faced by developing countries in adapting to these standards. The role of educational programs and audit reforms in improving the competencies of specialists and increasing the effectiveness of national audit institutions is emphasized.
Keywords: global auditing standards, ISA, International Monetary Fund, integration of financial markets, educational programs in auditing, national audit institutions, financial reporting, economic development.
Bibliographic list of articles
1. Galkina E.V. Accounting and audit. – M.: KnoRus, 2018. – P. 448.
2. Brykova N.V. Fundamentals of accounting, taxes and audit: Textbook. – M.: Academia, 2017. – P. 77.
3. Suvorova S.P. International auditing standards // S.P. Suvorova, N.V. Parushina, E.V. Galkina. – M.: Infra-M, Forum, 2017. – P. 320.
4. Serebryakova T. Yu. Theory and methodology of end-to-end internal control. – M.: INFRA-M, 2016. – P. 328.
5. IAASB. Handbook of International Quality Management, Auditing, Review, Other Assurance, and Related Services Pronouncements. 2022 Edition. – New York: IAASB, 2023.
6. Pugachev V.V. International audit standards. 2nd edition, revised and expanded. – M.: Business and Service, 2009.
CIVIL LAW
NIKOLAENKO Natalya Sergeevna
student of the 4th 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
DERENDYAEVA Sofiya Dmitrievna
student of the 4th 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 ENGINEERING SERVICES AND THEIR DIRECT IMPACT ON THE RUSSIAN ECONOMY
The article provides a legal analysis of engineering services, which are one of the supporting factors for the growth of the national economy of the Russian Federation. A number of problematic issues that arise when including engineering contracts are considered. The use of engineering structures in agreements between participants in civil transactions and their significance in the economic life of society as a type of economic activity are studied.
Keywords: engineering, engineering services, engineering operations, construction, comparative legal analysis.
Bibliographic list of articles
1. Rybets D.V. Stages of development of engineering (engineering and consulting) services on the world market // Russian Foreign Economic Bulletin. – 2016. – No. 1. – P. 101-111.
2. Lyukshin A. M. Agreement for the provision of engineering services // Business, management and law. – 2010. – pp. 130-138.
3. Draft Federal Law “On Engineering and State Support of Engineering Activities in the Russian Federation” (prepared by the Union of Mechanical Engineers of Russia). [Electronic resource]. – Access mode: https://tass.ru/ekonomika/695219.
4. Concept of the Federal Law “On Engineering Activities in the Russian Federation” (under the general editorship of I. V. Meshcherin). [Electronic resource]. – Access mode: http://archiv.nop.ru/upload/iblock /4e7//
5. Russia in numbers 2020. Rosstat. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/GOyirKPV/Rus_2020.pdf.
6. Fedotova N. L., Solovyeva E. B., Vtorov V. B., Yun L. G. Implementing Sino-Russian educational programs for training Chinese engineers // Integration of education. – 2019. – No. 2 (95). – pp. 164-181.
7. Cooperation between Russian Helicopters and Avicopter. [Electronic resource]. – Access mode: https://www.aex.ru/m/news/2019/6/5/198194/.
8. Sokolova E. S., Leontyeva L. S., Shkarina V. S. Prospects for RussiaThai cooperation on technology exchange in the field of digitalization: current trends and development paths // Scientific result. Economic research. – 2022. – No. 2. – P. 13-22.
CIVIL LAW
MOZHENKO Nikita Sergeevich
student of the Law School Far Eastern Federal University, Vladivostok
THE PRINCIPLE OF DISPOSITIVENESS OF CIVIL PROCEEDINGS OF THE RUSSIAN FEDERATION
The article analyzes the principle of dispositiveness of civil procedural law, namely its normative fixation, content elements, characteristic features, positions of scientists, gaps in legal regulation, ways to eliminate gaps, own conclusions. The topic is relevant, because there is a constant development of social relations, which should be regulated not only by ordinary norms, but also by principles, which are quite rarely subject to change. It also highlights the possibility and need to address some gaps. Comparative-legal and formal-legal methods made up the methodological base. The general scientific methods of analysis, synthesis and system approach are also used.
Keywords: principle, dispositiveness, civil procedure, civil litigation, civil procedural law, civil procedural code.
Bibliographic list of articles
1. Vaskovsky E.V. Course in civil procedure: Subjects and objects of the process, procedural relations and actions: textbook. – Moscow: Statute. – 2016. – 303 pp.
2. Musina V. A., Chechina N. A., Chechota D. M. Civil process: textbook. – M.: Pboyul Grizhenko. – 2001. – 544 p.
3. Shakaryan M. S. Civil procedural law: textbook. – Moscow: Prospekt, 2004. – 584 p.
4. Kuras T. L. The principle of dispositivity in the Russian civil process: modern and historical aspects // Siberian Legal Bulletin. – 2022. – No. 3 (98). – pp. 69-77.
5. Konusova V. T. The role and forms of participation of the prosecutor in civil proceedings in the context of the new Civil Procedure Code. – [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=38385956&pos=6;-106#pos=6;-106.
6. Skryabin S.V., Akimbekova S.A., Ler S.M. Participation of the prosecutor in the judicial process: comparative legal analysis. – [Electronic resource]. – Access mode: https://docplayer.ru/46722676-Uchastie-prokurora-v-grazhdanskom-processe-sravnitelno-pravovoy-analiz-1.html.
7. Seytova Zh. The role of the prosecutor in civil proceedings. – [Electronic resource]. – Access mode: 185.107.174.154:8080/bitstream/handle/7171/142/2016-03-41 43.pdf?sequence=1&isAllowed=y.
8. Ospanova A. S. Participation of the prosecutor in civil proceedings in the light of the implementation of the Nation Plan – 100 concrete steps. – [Electronic resource]. – Access mode: http://infozakon.kz/gov/1630-uchastie-prokurora-vgrazhdanskom-processe-v-svete-ispolneniya-plana-nacii-100-konkretnyhshagov.html.
9. Akimbekova S. A., Maksatov N. R. Interaction between the court and the prosecutor’s office: issues of theory and practice // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2021. – No. 1 (64). – pp. 91-97.
CIVIL LAW
OSTROZHNIKOV Andrey Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KAN Natalya Andreevna
student of the Far Eastern Federal University, Vladivostok
BLIZNETSOV Andrey Sergeevich
student of the Far Eastern Federal University, Vladivostok
GULEVICH Margarita Olegovna
student of the Far Eastern Federal University, Vladivostok
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
DIFFERENTIATION OF THE GROUNDS OF CIVIL LEGAL PERSONALITY
This article analyzes the time and legal limitations of civil legal capacity within the framework of Russian legislation. The key provisions of the Civil Code of the Russian Federation are studied, with an emphasis on legal capacity from the moment of birth, including a discussion of the legal status of the embryo and the specifics of protecting the rights of an individual after her death. The article focuses on the study of the norms governing the rights of the embryo and extraordinary cases where legal capacity can be applied even after the death of a person, covering issues such as posthumous marriages and the protection of the personal non-property rights of the deceased. The importance of a new look at the definition of civil legal capacity and its impact on the status of an individual as a participant in civil relations is emphasized, and the need for further research in this area is highlighted.
Keywords: civil legal capacity, the Civil Code of the Russian Federation, the legal status of the embryo, posthumous marriages, protection of personal rights after death, the beginning and end of legal capacity.
Bibliographic list of articles
1. Kaminskaya E.I. Personal non-property rights of the author: renunciation of unnecessary illusions or loss of values? // In the book: Current issues of Russian private law: Sat. Art., dedicated to the 80th anniversary of the birth of V. A. Dozortsev. – M., 2008. – P. 224-260.
2. Polich S. B. Some features of the legal personality of persons – participants in civil and family relations // Bulletin of Perm University. Legal sciences. – 2018. – Issue. 42. – pp. 664-684.
3. Civil Code of the Russian Federation. Part one of November 30, 1994 No. 51-FZ // SZ RF. – 1994. – No. 32. – Art. 3301.
4. Civil Code of the Russian Federation. Part three of November 26, 2001 No. 146-FZ // Ross. gas. – 2001. – November 28
CIVIL LAW
SARANCHUK Lina Nikolaevna
student of the Far Eastern Federal University, Vladivostok
DENISYUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
ROZHENTSEVA Arina Pavlovna
student of the Far Eastern Federal University, Vladivostok
BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
TARNOVSKAYA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF LABOR RELATIONS AND LEGISLATION IN RUSSIA
This article provides a detailed analysis of the transformation of labor relations and legislation in Russia from antiquity to the present day. The development of labor standards is investigative, starting from the early medieval era and ending with an analysis of the modern Labor Code of the Russian Federation. The article examines important political, economic, and social changes affecting the formation of labor legislation, including the impact of globalization, technological progress, and the introduction of international standards. The article focuses on the need to adapt legislation to the changing conditions of our time and examines the future prospects for the development of labor law in the context of global trends.
Keywords: labor relations, legislation, Russia, historical development, globalization, technological progress, international standards, Labor Code of the Russian Federation, social interaction, economic changes.
Bibliographic list of articles
1. Code of Labor Laws of the RSFSR of December 9, 1971 // Gazette of the Supreme Soviet of the RSFSR. – 1971. – No. 50. – Art. 1007.
2. Code of Labor Laws of the RSFSR of November 9, 1922 // Collection. legalization of the RSFSR. – 1922. – No. 70. – Art. 903.
3. Livshits R.Z. Labor legislation of Russia. Legislative acts and comments / R. Z. Livshits, O. S. Khokhryakova // Profstroy. – 1993. – P. 170.
4. Sinyushina O. F. History of the employment contract // Young scientist. – 2020. – No. 48 (338). – pp. 338–341.
5. Tal L. S. Industrial law // Moscow Commercial Institute. Review of teaching for the 1915/1916 academic year. I. Economic department. – M., 1915; Essays on industrial law. – M., 1916.
6. Labor Law in Russia: Recent Developments and New Challenges. – Cambridge Scholars Publishing.
7. Global Employment and Labor Law Update for 2023. – Eversheds Sutherland.
CIVIL LAW
SIDOROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ZOLOTUKHINA Darya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
SUKHANOVA Darya Igorevna
student of the Far Eastern Federal University, Vladivostok
ZYRYANOVA Anastasiya Alekseevna
student of the Far Eastern Federal University, Vladivostok
TRUSHKOV Ivan Igorevich
magister student of the Far Eastern Federal University, Vladivostok
REFORMING WORK PROCESSES: ASSESSING THE IMPACT OF REMOTE WORK ON RUSSIAN LEGISLATION
This article presents an analysis of changes in work processes related to the transition to remote work and their impact on the Labor Code of the Russian Federation. The main focus is on facilitating labor protection standards for remote workers and adjusting the terms of employment contracts. Both positive and negative aspects of these changes are considered, including possible legal difficulties, technological adaptations, social and psychological issues, as well as economic consequences for the labor market. The article offers a comprehensive look at the consequences of these reforms and their impact on labor processes in the country.
Keywords: remote work, reforms of the labor legislation of the Russian Federation, legal difficulties, labor protection standards, technological reform, labor market, social and psychological issues, economic consequences.
Bibliographic list of articles
1. Federal Law of December 8, 2020 No. 407-FZ “On amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and the temporary transfer of an employee to remote (remote) work at the initiative of the employer in exceptional cases.”< br /> 2. Letter of the Ministry of Labor of the Russian Federation dated June 9, 2017 No. 14–2\OOG-4733.
3. “Labor Code of the Russian Federation” dated December 30, 2001 No. 197-FZ (as amended on April 30, 2021) (with amendments and additions, entered into force on May 1, 2021).
4. Report “Key Insights from The 2023 State of Remote Work” on buffer.com.
CIVIL LAW
SUKHANOVA Darya Igorevna
student of the Far Eastern Federal University, Vladivostok
SIDOROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ZYRYANOVA Anastasiya Alekseevna
student of the Far Eastern Federal University, Vladivostok
ZOLOTUKHINA Darya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
TRUSHKOV Ivan Igorevich
magister student of the Far Eastern Federal University, Vladivostok
NEW HORIZONS IN PERSONAL DATA PROTECTION: REVISION OF RUSSIAN LEGISLATION IN THE DIGITAL AGE
This article is an in-depth analysis and critical revision of Russian legislation in the field of personal data, with an emphasis on its adaptation to modern technological trends. The authors highlight the weaknesses of the Federal Law “On Personal Data”, discussing the problems associated with marketing violations and insufficient protection of the rights of data subjects. Special attention is paid to the impact of new technologies such as big data and artificial intelligence on the current legal environment. In the final part of the article, proposals are presented to modernize legislation, strengthen control mechanisms and raise public awareness of the importance of personal data protection.
Keywords: personal data protection, legislative reform, digital technologies, legal shortcomings, big data, artificial intelligence, liability for violations, information security.
Bibliographic list of articles
1. Vlasova N.V., Gracheva S.A., Meshcheryakova M.A. et al. Legal space and people: monograph / Rep. ed. Yu. A. Tikhomirov, E. V. Pulyaeva, N. I. Khludeneva // Institute of Legislation and Comparative Law under the Government of the Russian Federation. – 2013.
2. Elin V. M. The importance of civil law mechanisms for protecting computer information in the conditions of the information society // Problems of information security. Computer systems. – 2015. – No. 1. – P. 74-82.
3. Federal Law “On Personal Data” dated July 27, 2006 No. 152-FZ (latest edition) – Access from SPS “ConsultantPlus”.
4. Solove D. J. & Hartzog W. The FTC and the New Common Law of Privacy. Columbia Law Review. – 2014. – Vol. 114. – No. 3. – P. 583-676. – Provides an analysis of the US Federal Trade Commission’s activities in the field of personal data protection, exploring the formation of new legal norms.
5. Gorbatova E. Yu. Main aspects of regulation of personal data processing in the European Union // Legislation and Economics. – 2020. – No. 2. – P. 52-59. – Examines the specifics of European Union legislation in the field of personal data, including the General Data Protection Regulation (GDPR).
CIVIL LAW
TRUSHKOV Ivan Igorevich
magister student of the Far Eastern Federal University, Vladivostok
ZOLOTUKHINA Darya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
SIDOROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ZYRYANOVA Anastasiya Alekseevna
student of the Far Eastern Federal University, Vladivostok
SUKHANOVA Darya Igorevna
student of the Far Eastern Federal University, Vladivostok
INTELLECTUAL PROPERTY RIGHTS PROTECTION IN THE CONTEXT OF GLOBALIZATION: AN ANALYSIS OF RUSSIAN PRACTICE
This article provides an in-depth analysis of intellectual property rights protection in Russia, especially in the context of globalization and technological change. It studies the problems and uncertainties in legislation and judicial practice, emphasizing the importance of adapting to new economics andtechnological realities. The article also examines the impact of international norms on the Russian intellectual property system and suggests strategies to improve the current situation.
Keywords: intellectual property protection, Russian legislation, lawsuits, globalization, technological innovations, international coherence, knowledge economy.
Bibliographic list of articles
1. Chertakova E. M. Legal problems of improving the protection of intellectual property in the Russian Federation // Karelian scientific journal. – 2019. – No. 4. – P. 24-28.
2. Ediev R. A. Stages of formation of political and legal norms for the protection of intellectual property // State and municipal management. Scientific notes. – 2020. – No. 1. – P. 247-253.
3. Kopyev A.V. Name as a means of individualization of goods (works, services) in entrepreneurial activity // Legal Concept. – 2017. – No. 1. – P. 119-124.
4. Polyakova Yu. A. Vorobyova O. A. Ivanov A. I. Protection of intellectual property and legitimate interests of the copyright holder // Baltic Humanitarian Journal. – 2019. – No. 2. – P. 160-165.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” – Access from the reference legal system “ConsultantPlus”.
6. Civil Code of the Russian Federation, part 4 (Civil Code of the Russian Federation, part 4) – Access from the legal reference system “ConsultantPlus”.
7. Barglovsky A.V. Intellectual rights in the digital era: challenges and prospects // Journal of Law and Economics. – 2021. – No. 6. – P. 42–49.
CIVIL LAW
UTVA Irina Sergeevna
student of the Far Eastern Federal University, Vladivostok
RUBAN Polina Olegovna
student of the Far Eastern Federal University, Vladivostok
THE ART OF NEURAL NETWORKS AS AN OBJECT OF DIGITAL LAW: LEGAL UNCERTAINTY.
The article examines the art of neural networks as a digital phenomenon. The regulation of legal relations in the field of art creation by neural networks both in foreign countries and in the Russian Federation is revealed. The authors analyzed the legislation of the countries, identified differences in the understanding of the subject of copyright, pointed out the need for the development of legislation in the field of regulation of digital relations in the field of digital law. The provisions of the legal doctrine on the belonging of the art of neural networks to the objects of digital law and neural networks themselves to the subjects of digital law are presented, as well as their own position on this issue is given.
Keywords: digital law, neural network, neural network art, object of digital law, subject of digital law.
Bibliographic list of articles:
1. Ishutin A.V., Kosarimov S.V., Chikirka E.V. “Neural art” as an object of copyright // Social innovations and social sciences. – Moscow: INION RAS, 2021. – No. 1. – P. 133-144.
2. Safin R. R., Maskin K. A. Legal regulation of copyright objects created using a “neural network” // Legal regulation of intellectual property and innovative activity: collection. articles of the scientific and methodological seminar. – Moscow: Prospekt, 2018. – 157 p.
3. Sinelnikova V. N., Revinsky O. V. Rights to the results of artificial intelligence // Copyright. – 2017. – No. 4. –S. 24-27.
4. Andres Guadamuz. The monkey selfie: copyright lessons for originality in photographs and internet jurisdiction. // Internet Policy Review. – 2016. – No. 5 (1). [Electronic resource]. – Access mode: https://policyreview.info/articles/analysis/monkey-selfie-copyright-lessons-originality-photographs-and-internet-jurisdiction (date of access: 12/12/23).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
PAYMENT OF THE STATE FEE WHEN SUBMITTING A PATIENT’S STATEMENT OF CLAIM TO THE PLASTIC SURGERY CLINIC
The article analyzes the risks associated with plastic surgery for citizens, the grounds for applying to the courts with claims to plastic surgery clinics. The concept and essence of the state duty on civil cases, the amount of the state duty on claims against plastic surgery clinics, including in the presence of several interrelated property methods, are disclosed. The composition of the patients’ claims contained in the statements of claim is investigated. Examples from judicial practice in this category of cases are given.
Keywords: plastic surgery, statement of claim, state duty, property claim, moral damage, court.
Bibliographic list of articlesok
1. Abdusalamova M. Sh., Kutuev T. F. State duty as a legal category // Bulletin of the Penza State University. 2020. No. 4 (32).
CIVIL PROCEDURE
MAKSIMCHUK Maxim Vyacheslavovich
senior lecturer of Civil law disciplines sub-faculty of the Perm Institute of the FPS of Russia
LEGAL ASPECTS OF OPTIMIZATION OF TAXATION OF ENTERPRISES
The article examines such a function of the branch of arbitration procedural law as an educational function, substantiates its objective existence among other functions of the industry, analyzes arbitration procedural legislation for the presence of norms in it that have an educational effect on the will and consciousness of the subjects of the arbitration process, on their moral and ethical quality.
Keywords: educational function of law, arbitration process.
Bibliographic list of articles
1. Baitin M.I. On the principles and functions of law: new points // Jurisprudence. 2000. No. 3. P. 4-16.
2. Filimonov V.D. Protective function of criminal law. St. Petersburg, 2003. 198 pp.
3. Radko T. N. Theory of functions of law. Monograph. M., 2014. 295 pp.
4. Radko T. N. Functions of law // General theory of law / Ed. V. K. Babaeva. N. Novgorod, 1993. 513 pp.
5. Mashukova E. M., Ulezko G. S., Miroshnichenko F. V. The essence and content of the educational function of law in the totality of directions of the legal influence of the state on public relations // Law and State: Theory and Practice. 2023. No. 7 (223). pp. 355-357.
6. Civil process: Textbook. Third edition, revised and expanded // Ed. V.A. Musina, N. A. Chechina, D. M. Chechota. M., PBOYUL Grizhenko, 2001. 544 p.
7. Skobelev V.P. Problems of motivation of judicial decisions in civil procedural law of the Republic of Belarus // Bulletin of civil process. 2012. No. 3. P. 181.
CIVIL PROCEDURE
PRASKOVYIN Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
THE QUESTION OF ADMISSIBILITY OF FORECLOSURE ON THE DEBTOR’S ONLY DWELLING WITHIN THE FRAMEWORK OF INSOLVENCY (BANKRUPTCY) CASES
The article analyzes the doctrinal provisions, norms of the legislation of the Russian Federation on bankruptcy and the positions of arbitration courts that resolve the issue of the possibility of including the debtor’s only home in the bankruptcy estate within the framework of bankruptcy proceedings. It is pointed out that there are no legislative criteria for luxury housing in order not to apply executive immunity. It is proposed to change the approaches of arbitration courts when determining the expediency of foreclosure on a single housing from the point of view of replenishment of the bankruptcy estate.
Keywords: bankruptcy, abuse of right, luxury housing, debtor, executive immunity, arbitration manager.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation dated May 14, 2012 No. 11-P “In the case of verifying the constitutionality of the provisions of the second paragraph of the first part of Article 446 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens F. Kh. Gumerova and Yu. A. Shikunov.” – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
2. Ruling of the Volga District Arbitration Court dated August 17, 2023 in case No. a55-1978/2018. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
3. Resolution of the Arbitration Court of the Volga District dated May 18, 2023 in case No. A65-16285/2020. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
4. Nemova A. V. Executive immunity of the only home of a debtor-citizen in an insolvency (bankruptcy) case: the problem of determining the limits // Family and housing law. – 2022. – No. 4. – P. 43-45
5. Ruling of the Arbitration Court of the Samara Region dated February 5, 2021 in case No. A55-12291/2018. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
6. Kazaryan K. G. Extension of executive immunity to the debtor’s residential premises in a bankruptcy case // Arbitration disputes. – 2023. – No. 2(102). – P. 3.
7. Resolution of the Arbitration Court of the Northwestern District dated October 12, 2022 in case No. A56-9727/2020. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
8. Zholshieva Zh. Collection of the only housing, or How executive immunity works // Banking Review. Application “FinLegal”. – 2022. – No. 1. – [Electronic resource]. – Access mode: SPS “Consultant Plus” (date of access: 12/24/2023).
FAMILY LAW
SERGEEVA Kseniya Alexeevna
student of the Far Eastern Federal University, Vladivostok
THE PRACTICE OF THE MOTHER’S PRIORITY IN CASES OF DETERMINING THE CHILD’S PLACE OF RESIDENCE: TRUTH OR FICTION?
Equality of rights and obligations of parents, established by the legislation of the Russian Federation and recognized by law enforcement practice as a fundamental principle of family law, is a “stumbling block” in cases of determining the place of residence of a child with one of the parents. The practice of prioritizing the mother over the father, based on the provision on the possibility of separating the child from the mother only in exceptional circumstances, is depressing. The author discusses the unfairness of the application of principle 6 of the Declaration of the Rights of the Child, adopted by UN General Assembly Resolution 1386 (XIV) of November 20, 1959, and the need to make decisions on such cases without relying on the gender of the parents if the child is over 6 years old.
Keywords: family, mother’s priority, parenting, determination of the child’s place of residence, family disputes, judicial practice.
Bibliographic list of articles
1. Kopelyanskaya S. E. Protection of the rights of the child in the Soviet court: practical work. allowance. – M., 1936.
2. Masevich M. G. Basic rights and responsibilities of parents and children in the Soviet state. – Alma-Ata, 1958.
3. Tyo V.V. Distinctive features of the functions of the father and mother in the upbringing of the child’s personality // Bulletin of Science. – 2021. – No. 6 (39). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otlichitelnye-osobennosti-funktsiy-ottsa-i-materi-v-vospitanii-lichnosti-rebyonka (date of access: 12/20/2023).
4. Yulusova O. V. The image of the mother in the perception of boys and girls: a comparative analysis // Scientific and methodological electronic journal Concept. – 2013. – T. 3. – P. 1716-1720.
5. Filippova G. G. Psychology of motherhood. – St. Petersburg, 2000. – P. 31-53.
6. Posse E. A. Legal regulation of non-property relations in Soviet family law: abstract. dis. …cand. legal Sci. – L., 1953.
7. Ilyinskaya I. M. Judicial consideration of disputes about the right to raise children. – M.: Gosyurizdat, 1960.
8. Review of judicial practice in considering certain categories of cases arising from family legal relations: approved by the Presidium of the Orenburg Regional Court 10.7256/2409-7136.2016.8.19824.
9. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 10, 2016 No. 5-КГ16-67.
10. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated December 19, 2017 No. 18-КГ17-181.
11. Decision of the Prikubansky District Court of Krasnodar (Krasnodar Territory) dated May 18, 2015 in case No. 2-5487/2015. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/B0dsnH65EDHA/
12. Decision of the Khabarovsk District Court of the Khabarovsk Territory dated November 2, 2018 in case No. 2-894/2018.
13. Decision of the Leninsky District Court of Saratov dated November 28, 2018 in case No. 2-4459/2018.
14. Decision of the Khimki City Court of the Moscow Region dated January 23, 2019 in case No. 2-7566/2018.
15. Decision of the Novovyatsky District Court of the city of Kirov dated February 18, 2019 in case No. 2-164/2019.
16. Shchelkin P. A. Violation of the balance of constitutional rights and responsibilities of parents when raising a child, in the case of their separation // Legal science. – 2021. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/narushenie-balansa-konstitutsionnyh-prav-i-obyazannostey-roditeley-pri-vospitanii-rebyonka-v-sluchae-ih-razdelnogo-prozhivaniya (access date: 11.01 .2024).
FAMILY LAW
SERGEEVA Kseniya Alexeevna
student of the Far Eastern Federal University, Vladivostok
THE RATIO OF INSTITUTIONS OF VOLUNTARY MAINTENANCE AND ALIMONY IN DISPUTES ON THE RECOVERY OF ALIMONY
In this work, the author examined the institutions of voluntary maintenance and alimony, studied their relationship and interrelation. In other words, the subject of the study is the legal relations between family members arising from the provision of maintenance to needy family members, in particular their two forms – voluntary and state coercion. The concepts taken into account are the subject of discussion in the scientific literature, but the author has made an attempt to distinguish them. Contradictory views of researchers on the issues taken into account have been revealed, however, the author considers these concepts as “an agreement on the payment of alimony concluded in notarial form” (i.e. voluntary maintenance) and “an obligation established by the court” (i.e. alimony under compulsory procedure, by court decision). The author applied the following research methods – analysis of legislation, doctrinal sources, materials of judicial practice, generalization, deduction. The author provides criteria for distinguishing these concepts and comes to conclusions about their close relationship, especially in the general purpose – the focus on supporting economically vulnerable participants in family relations. The author points out that the categories are not identical, despite the underlying alimony obligation. The study leads to the conclusion that the categories of alimony obligations taken into account relate to each other as equivalent concepts with a common purpose and nature, but in a different way to ensure their fulfillment. The author emphasizes that the concepts are not mutually exclusive in disputes over the recovery of alimony. The presence or absence of an agreement does not affect the right to apply to court for compulsory collection or to amend an existing alimony agreement.
Keywords: family, alimony, alimony obligation, agreement, family disputes, voluntary maintenance, a family member in need, the subject of proving, liability measures, enforcement.
Bibliographic list of articles
1. Family law of Russia: Textbook. for universities / L. M. Pchelintseva. – M.: Publishing house. group NORMA-INFRA-M, 1999. – 663 pp.
2. Avdeeva N.I. Voluntary fulfillment of alimony obligations. Features of legal regulation in the Russian Federation // News of the South-West State University. Series: History and Law. – 2017. – T. 7, No. 4 (25). – pp. 96-101.
3. Letova N.V. Legal nature of agreements on the payment of alimony: problems of substantive and procedural law // Socio-political sciences. – 2020. – T. 10. – No. 4. – P. 111-117.
4. Family and legal status of a child in the Russian Federation / Yu. F. Bespalov. Ed. 2nd, revised and additional – Moscow: Prospekt, 2014. – 240 pp.
5. Fedorova O. A. Determination of the amount of alimony paid for minor children (commentary to paragraph 2 of Article 103 of the RF IC) // Family and housing law. – 2018. – No. 1.
6. Serebryakova A. A. The right of children and parents to receive maintenance // State and law. – 2017. – No. 3. – P. 1-15.
7. Gongalo B. M. Alimony obligation // Family and housing law. – 2016. – No. 5. – P. 15-16.
LABOR LAW
BASILOV Umid Ihtiyor ugli
student of the Far Eastern Federal University, Vladivostok
BERDYKINA Valeria Viktorovna
student of the Far Eastern Federal University, Vladivostok
BRAGA Snezhana Sergeevna
student of the Far Eastern Federal University, Vladivostok
VORONOVA Sofya Alexandrovna
student of the Far Eastern Federal University, Vladivostok
ROSTOTSKIY Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
A COMPARATIVE STUDY OF THE REGULATION OF DISMISSAL IN THE LABOR LAW OF RUSSIA AND CHINA
Within the framework of this study, a comparative analysis of the regulation of dismissal in the labor legislation of the Russian Federation and the People’s Republic of China is carried out. The research focuses on dismissal procedures, considering them in the context of current global trends in the field of labor law. The authors analyze the normative legal acts of both countries, revealing the dynamics of changes and the interaction of international and national norms. Special attention is paid to the analysis of the consequences of dismissal, differences in the understanding of the terms “dismissal” and “termination of an employment contract”, as well as the influence of economic and political factors on the formation of labor legislation. The results highlight the importance of integrating international standards and taking into account the interests of both employees and employers.
Keywords: regulation of dismissal, comparative analysis, labor law, Russia and China, international norms, protection of workers’ rights, dynamics of legislation.
Bibliographic list of articles
1. Shagieva A. A. On the issue of termination of an employment contract with an employee for violation of labor discipline // Modern jurisprudence: current issues, achievements and innovations: collection of articles of the XXVII International Scientific and Practical Conference, Penza, May 05, 2020. – Penza: “Science and Enlightenment” (IP Gulyaev G.Yu.), 2020. – P. 99-102. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=42784957.
2. Trifonov V. G. Termination of an employment contract on the initiative of an employee // Tribune of a scientist. – 2021. – No. 5. – P. 289-295. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=46539771.
3. Makharadze N. S., Veretennikova S. V. Correlation of the categories “termination” and “termination” of an employment contract and “dismissal of an employee” // Main trends in the development of legal science: Materials of the I International Student Scientific and Practical Conference, Khabarovsk, 02– December 6, 2019 / Editorial Board: V.E. Stepenko (chairman) [and others]. – Khabarovsk: Pacific State University, 2020. – P. 256-260. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=42816145.
4. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on July 14, 2022) (as amended and supplemented, entered into force on July 25, 2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_34683/
5. Kolobova S.V., Rukavishnikova O.D. The concept and essence of dismissal from public service // Alley of Science. – 2021. – T. 2. – No. 1 (52). – pp. 419-422. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=45619487.
6. Fatalina A. A. Protection of labor rights of workers in Russia // Bulletin of science and education. – 2020. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zaschita-trudovyh-prav-rabotnikov-v-rossii.
FINANCIAL LAW
BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
DENISYUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
ROZHENTSEVA Arina Pavlovna
student of the Far Eastern Federal University, Vladivostok
SARANCHUK Lina Nikolaevna
student of the Far Eastern Federal University, Vladivostok
TARNOVSKAYA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
INTEGRATING DIGITAL TECHNOLOGIES INTO BUSINESS FINANCIAL MANAGEMENT: STRATEGIES TO IMPROVE PRODUCTIVITY AND STABILITY
The article is devoted to the study of the contribution of digital technologies to the financial management of a business. Special attention is paid to the study of the use of customer relationship management systems (CRM) and integrated software solutions in financial management, including platforms such as 1C: Enterprise and Oracle Financial Services. It examines how these innovations contribute to improving profitability, efficiency of management processes, strengthening customer relationships, as well as improving financial planning and analytics. In addition, the role of digital technologies in forecasting and analyzing financial information, as well as in ensuring the security of financial transactions, is discussed.
Keywords: digital technology integration, business finance management, CRM, financial analytics, accounting, productivity improvement, business technologies, financial data protection.
Bibliographic list of articles
1. Zhilkina A. N. Financial analysis: textbook and workshop for bachelor’s and specialist’s degrees. – M.: Yurayt Publishing House, 2019. – 285 p.
2. Sklyarenko V.K., Prudnikov V.M. Enterprise Economics. – M.: INFRA-M, 2020. – 208 p.
3. Lapusta M. G. Analysis of financial and economic activity of an enterprise: textbook. – M.: Unity, 2021. – 358 p.
4. Bugatin V.D. Enterprise Economics: textbook. – M.: Prospekt, 2018. – 314 p.
5. Shchebarova N. N. Factors that determine the financial stability of an enterprise // Management in modern systems. – 2018. – No. 1. – P. 20-26.
6. Grigoriev K.V. Availability of sources of financing for small and medium-sized enterprises // News of the St. Petersburg State Economic University. – 2022. –No. 1 (133). – P. 161.
7. Brigham, Eugene F. & Ehrhardt, Michael C. Financial Management: Theory and Practice. – Mason, Ohio: Thomson/South-Western, 2005. – [Electronic resource]. – Access mode: https://archive.org/details/financialmanagem00euge.
FINANCIAL LAW
KARTASHOV Alexander Viktorovich
Ph.D. in Law, associate professor of Financial law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FEATURES OF LICENSING OF FINTECH BANKS IN EUROPEAN COUNTRIES
The presented paper examines the approaches used in the process of regulating the activities of financial intermediaries using technologies in the financial market. The author proposes a description of the features of licensing of fintech banks in the countries of the European Union.
Keywords: Financial market, credit organization, non-credit financial organization, Fintech, Fintech-bank.
Bibliographic list of articles
1. Byrne, David M. (2022). “The Digital Ec”onomy and Productivity”. Finance and Economics Discussion Series 2022-038. – Washington: Board of Governors of the Federal Reserve System. P. 16. [Electronic resource]. – Access mode: https://doi.org/10.17016/FEDS.2022.038 (access date: 12/21/2022).
2. Zavolokina L., Dolata M., Schwabe G. The FinTech phenomenon: antecedents of financial innovation perceived by the popular press // Financial Innovation. – 2016. – T. 2. – No. 1. – P. 1-16.
3. Arner D., Barberis J., Buckley R. The evolution of fintech: a new Post-Crisis paradigm? // University of Hong Kong Faculty of Law. 2015. Research Paper No. 2015/0472015. [Electronic resource]. – Access mode: http://www.juliaocoelho.com/wp-content/uploads/2019/05/SSRN-id2676553.pdf (accessed 12/01/2021).
4. Drasch B. J., Schweizer A., Urbach N. Integrating the ‘Troublemakers’: A taxonomy for cooperation between banks and fintechs // Journal of Economics and Business. – 2018. – T. 100. – P. 26-42.
5. Anagnostopoulos, I. Fintech and regtech: Impact on regulators and banks // Journal of Economics and Business. – 2018. – No. 100. – P. 7-25.
6. Gupta, Pranay and Tham, T. Mandy. Fintech: The new DNA of financial services. (2018). 1-546. Research Collection Lee Kong Chian School of Business. [Electronic resource]. – Access mode: https://books.google.ru/books?id=u0eHDwAAQBAJ&pg=PT31&hl=ru&source=gbs_toc_r&cad=2#v=onepage&q&f=false (access date: 27.05 .2023).
7. Kenny, Steve. “An Introduction to Privacy Enhancing Technologies.” Internet Association of Privacy Professionals, May 1, 2008. [Electronic resource]. – Access mode: https://iapp.org/news/a/2008-05-introduction-to-privacy-enhancing-technologies/ (date of access: 05.22.2023).
8. FinTech Innovation Hub. [Electronic resource]. – Access mode: https://www.bafin.de/DE/Aufsicht/FinTech/fintech_node.html;jsessionid=5808CC3540DF794B274D21056CEDC5BA.internet952 (access date: 05/18/2023).
9. Kartashov A.V. Public legal aspects of digitalization of the financial market: monograph. – Tula: Tula State University Publishing House, 2022. – 291 p.
10. Licensing and Regulatory Framework for Digital Banks. January 2022. [Electronic resource]. – Access mode: https://www.sbp.org.pk/bprd/2022/C1-Annex.pdf (access date: 08/18/2023)
11. Licensing Framework for Digital Banks. BNM/RH/PD 030-12. 2020. [Electronic resource]. – Access mode: https://www.bnm.gov.my/documents/20124/938039/20201231_Licensing+Framework+for+Digital+Banks.pdf (access date: 08/25/2023)
12. Policy framework on the regulation, licensing and supervision of digital banks. Alliance for financial inclusion. 2021. [Electronic resource]. – Access mode: https://www.afi-global.org/wp-content/uploads/2021/11/DFSWG-framework_FINAL.pdf (access date: 08/25/2023)
13. FinTech Innovation Hub. [Electronic resource]. – Access mode: https://www.bafin.de/DE/Aufsicht/FinTech/fintech_node.html;jsessionid=5808CC3540DF794B274D21056CEDC5BA.internet952 (access date: 05/18/2023).
14. Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006 /48/EC and 2006/49/EC. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32013L0036 (access time: 10/17/2023).
15. Guide to fit and proper assessments. European Central Bank. December 2021. [Electronic resource]. – Access mode: https://www.bankingsupervision.europa.eu/ecb/pub/pdf/ssm.fit_and_proper_guide_update202112~d66f230eca.en.pdf (access date: 10/12/2023)
FINANCIAL LAW
MARTYNOV Edgar Armanovich
student of the 3rd course of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
THE ROLE OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION IN THE FORMATION AND REGULATION OF THE COUNTRY’S FINANCIAL SYSTEM
This article conducts a comprehensive analysis of the regulatory role of the Central Bank of the Russian Federation in the context of forming and regulating the country’s financial system. Key directions of monetary policy and their impact on economic stability are examined, including banking supervision methods and innovative approaches such as the development of the national payment system and the introduction of the digital ruble. Special attention is given to mechanisms of licensing and rehabilitation of financial institutions with the aim of minimizing systemic risks and enhancing the resilience of financial infrastructure. The authors identify current challenges and propose strategic directions for strengthening the role of the Central Bank of the Russian Federation in the sustainable development of the financial system, as well as analyzing the potential for cooperation with government bodies and the private sector.
Keywords: Central Bank of the Russian Federation, financial system, monetary policy, banking supervision, financial stability, digital ruble, financial supervision, national payment system, systemic risks, economic stability.
Bibliographic list of articles
1. Central Bank of the Russian Federation. Official site. [Electronic resource]. – Access mode: http://www.cbr.ru (date of access: 04/10/2023). – P. 1-5.
2. Ministry of Finance of the Russian Federation. Financial policy and financial markets. [Electronic resource]. – Access mode: http://www.minfin.ru (date of access: 04/12/2023). – pp. 10-15.
3. Ivanov A.I. The role of the Central Bank in the Russian economy. – M.: Finance and Statistics, 2021. – P. 102-150.
4. Smirnova L. V. Monetary policy of the Central Bank of the Russian Federation and its influence on the economy // Bulletin of Economics. – 2022. – No. 3. – P. 45-60.
5. Petrov V. B. Banking supervision and regulation of financial markets // Journal of Banking Law. – 2022. – No. 2. – P. 23-35.
6. Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” dated July 10, 2002 No. 86-FZ, latest edition. – pp. 5-20.
7. Russian economic school. Innovations in the regulation of financial markets: the experience of the Central Bank of the Russian Federation. – M.: NES, 2023. – P. 88-97.
8. Guseva I. Yu. Digital currencies and the future of the Russian financial system // Financial journal. – 2023. – No. 4. – P. 76-89.
9. Ochakovsky V. A., Solovyova A. V., Borodina V. A. Financial mega-regulation in the Russian Federation // Polythematic network electronic scientific journal of the Kuban State Agrarian University. – 2014. – No. 95. – P. 1132-1143.
10. Ochakovsky V. A., Arkhireeva A. S. On the issue of control measures carried out by the Central Bank of the Russian Federation // In the collection: Administrative legislation and the practice of its application: state, trends, efficiency. Materials of the All-Russian Scientific and Practical Conference. – Krasnodar, 2020. – pp. 204-207.
11. Arkhireeva A. S., Nikitina P. S. Control and supervisory function of state power and the role of financial control in its implementation // In the collection: Issues of state and law. Collection of scientific articles. – Krasnodar, 2018. – pp. 86-89.
12. Arkhireeva A. S., Prikhodko E. G. Legal status of the Central Bank of the Russian Federation // Epomen. – 2019. – No. 25. – P. 22-29.
13. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
FINANCIAL LAW
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
KUCHUK Maxim Igorevich
student of the Far Eastern Federal University, Vladivostok
DONSKOY Vasiliy Andreevich
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
NEW HORIZONS FOR SMALL BUSINESSES: STRATEGIES AND CHALLENGES IN THE DIGITAL ECONOMY ERA
This review explores the contribution of small businesses to the dynamically changing digital economy. The focus is on the flexibility and innovative adaptability of small enterprises, their role in integrating the latest technologies and opportunities for growth in the digital age. The key challenges, including financial constraints and difficulties in managing logistics and customer service, faced by these companies in the digital transformation are considered. A special emphasis is placed on changes in marketing strategies and the need for government support to ensure the sustainable development of small businesses in the new economic environment. The results of the study suggest strategic solutions for the development of small businesses in the context of digitalization.
Keywords: small business, digital transformation, innovative technologies, new economy, support for entrepreneurs, marketing strategies, evolution of business processes, enterprise development, economic renewal, overcoming financial obstacles, logistics management, improving customer experience.
Bibliographic list of articles
1. Tapscott D. Blockchain revolution. How Bitcoin security technology is changing world orders, business and finance. – M.: Mann, Ivanov and Ferber, 2017. – 432 p.
2. Schwab K. The Fourth Industrial Revolution. – M.: Eksmo, 2016. – 138 p.
3. Rozanova N. M., Yushin A. V. Mechanism of transformation of the network marketin the digital age // Terra Economicus. – 2015. – T. 13. – No. 1. – P. 73-88.
4. Kunzman A. A. Transformation of the internal and external business environment in the digital economy // Management of economic systems: electronic scientific journal. – 2016. – No. 11. – P. 1.
FINANCIAL LAW
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
MEZIN Maxim Kirillovich
student of the Far Eastern Federal University, Vladivostok
STANKEVICH Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
TOLKACHEV Roman Vladimirovich
student of the Far Eastern Federal University, Vladivostok
Bliznetsov Alexander Sergeevich
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION AND GLOBAL INTERACTION IN THE GLOBAL FINANCIAL SYSTEM
This article provides a detailed analysis of the transformation of the global financial system, from the late 19th century to the present day. The impact of globalization, technological changes, global political shifts and an increased focus on environmentally sustainable financial strategies is being investigated. Special attention is paid to the interaction of national economies in the context of international financial crises, the role of key economic players and the future prospects of the global financial market against the background of current global challenges.
Keywords: global financial system, the impact of globalization, analysis of financial history, securities market, innovative technologies, international political changes, environmentally sustainable financing, international financial crises, economic interdependence, transformation of financial markets.
Bibliographic list of articles
1. Goloshchapov D. N. Globalization of the financial market and inflation. // Finance and credit. – 2009. – No. 5 (341). – pp. 71-74.
2. Sorokoumov V. S., Zharkova Yu. S. Globalization of world financial markets // Problems of science. – 2018. – No. 8 (32). – pp. 38-41.
3. Jafarov M. M., Shatskaya E. Sh. Development of the financial market of Russia, problems and prospects // In the collection of scientific works. In 2 volumes. Under the general editorship of Z. O. Adamanova. – 2019. – P. 517.
4. Zharova A. R. Development of the financial market in the conditions of digitalization of the economy // In the collection of works of teachers, graduate students, undergraduates, students based on the materials of the III Interdepartmental Scientific and Practical Seminar. – 2019. – P. 40.
5. Russian market. Overview of trends 2022-2023 // BCS Express. 2023. Key trends in the Russian economy and stock market in 2022 and forecasts for 2023 are highlighted.
6. 2023 Global economic outlook // McKinsey. 2023. Review of global economic prospects, including risks to global growth and expectations in various markets.
FINANCIAL LAW
ELYAKOV Alexander Lvovich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation; lecturer of the Physical and Technical Institute of the M. K. Ammosov Northeastern Federal University, Yakutsk
PROBLEMS IN THE SYSTEM OF INTERBUDGETARY REGULATION OF HIGHLY SUBSIDIZED REGIONAL BUDGETS AND JUSTIFICATION FOR IMPROVING ITS LEGISLATIVE FRAMEWORK
The article discusses problems in the system of interbudgetary regulation of highly subsidized regional budgets of the Russian Federation. The existing problems of subsidization of the regions of the Russian Federation require at the legislative level to develop and implement effective budgetary and tax mechanisms and methods of fiscal decentralization of interbudgetary relations in order to achieve self-sufficiency of subsidized budgets of the constituent entities of the Federation of the Far Eastern region. It is proposed to improve the legislative basis of fiscal mechanisms for the fair redistribution of tax revenues between the budgets of the budget system of the Russian Federation.
Keywords: interbudgetary relations, budget, federal and regional budgets, subsidies, subsidies, problems, mechanisms, tax revenues, regulating taxes.
Bibliographic list of articles
1. Budget Code of the Russian Federation dated July 31, 1998 No. 145-FZ (as amended on December 19, 2022) // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19702/ (access date: 12/20/2022).
2. Tax Code of the Russian Federation, part 1 (Tax Code of the Russian Federation, part 1) dated July 31, 1998 No. 146-FZ // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19671/ (access date: 20.12.2022).
3. Tax Code of the Russian Federation, part 2 (Tax Code of the Russian Federation, part 2) dated August 5, 2000 No. 117-FZ // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28165/ (access date: 12/20/2022).
4. Tashtamirov M. R. Efficiency of interbudgetary regulation of highly subsidized budgets at the subnational level // Finance: theory and practice. – 2022. – No. 26 (2). – pp. 136-177. DOI: 10.26794/2587-5671-2022-26-2-136-159.
5. Timushev E. N. Intraregional budgetary decentralization: indicators and dynamics // Finance. – 2019. – No. 8. – P. 19-26.
6. Fedosov V. A. Decentralization of budgetary relations in Russia in the context of world trends // Finance and Credit. – 2020. – No. 26 (9). – pp. 2151–2166. DOI: 10.24891/fc.26.9.2151.
TAX LAW
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
ABDULGANIEVA Leila Muradovna
student of the 4th course of the Institute of Law of the Dagestan State University, Makhachkala
SUSTAINABLE DEVELOPMENT OF THE TAX AND COLLECTION SYSTEM OF THE RUSSIAN FEDERATION IN THE CONTEXT OF GLOBAL CHANGES
This article examines the problematic issues of the stability of the tax and fee system of the Russian Federation and the impact of global changes on it. Special attention is paid to solving issues related to the expansion of technology, the fight against tax crimes and tax risks of the state. It is also concluded that it is necessary to adapt to the ongoing global changes. It reflects the need for the state to establish certain guarantees for various segments of the population, as well as to monitor the actions of taxpayers. All this is necessary to harmonize the current system of taxes and fees in the country, as well as to analyze the prospects for its development.
Keywords: system, tax, income, competition, offshore.
Bibliographic list of articles
1. Gromov V.V. Tax competition in Russia at different stages of development of the tax system // Financial journal. – 2020. – T. 12. – No. 1. – P. 41-57. – DOl: 10.31107/2075-1990-2020-1-41-57
2. Tkachenko Yu. I. Prospects for cooperation of the BRICS countries in the development of the digital economy // Greater Eurasia: development, security, cooperation. Yearbook. – 2018 – T. 1. – Part 1. – P. 339-343.
TAX LAW
MAKHMUDOVA Khanipat Muratovna
magister student of the 2nd course of the OZO of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF AVOIDING DOUBLE TAXATION IN RUSSIAN FEDERATION
The article identifies the problems of legal regulation of tax jurisdictions and examines the suspension of international agreements on the avoidance of double taxation, announced unilaterally. The consequences of the actions of “unfriendly” countries when building a system of tax jurisdictions in the Russian Federation have been identified. How can these actions affect domestic businesses that operate in foreign branches. The response measures of the Government of the Russian Federation to these sanctions, the consequences of retaliatory actions for foreign businesses operating in the territory of the Russian Federation are also indicated.
Keywords: tax jurisdiction, tax benefits, residents and non-residents, avoidance of double taxation, international agreements.
Bibliographic list of articles
1. Tax Code of the Russian Federation (Part Two) dated 08/05/2000 No. 117-FZ (as amended on 03/18/2023) (with amendments and additions, entered into force on 04/01/2023) // Access from reference book – legal information “ConsultantPlus”.
2. Order of the Ministry of Finance of Russia dated June 5, 2023 No. 86n “On approval of the List of states and territories that provide preferential tax treatment and (or) do not provide for the disclosure and provision of information when conducting financial transactions (offshore zones)” // Access from references .-legal information “ConsultantPlus”.
3. Decree of the President of the Russian Federation dated 08.08.2023 No. 585 “On the suspension by the Russian Federation of certain provisions of international treaties of the Russian Federation on taxation issues” // Access from reference and legal information “ConsultantPlus”.
4. Zonova A. V., Goryachikh S. P., Pechenkin K. A. taxation of individual entrepreneurs taking into account tax innovations of 2022yes // EGI. 2022. No. 39 (1). pp. 173-177.
5. Khavanova I.A. Tax jurisdiction: the limits of the possible and deferred risks // Journal of Russian Law. 2017. No. 12 (252). pp. 81-91.
6. How the abolition of tax agreements with the West will affect business [Electronic resource]. — Access mode: https://www.rbc.ru/economics/16/03/2023/ (access date: 03/27/2023).
TAX LAW
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
KOZMOV Valeriy Iozisovich
student of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF ADDITIONAL TAX CONTROL MEASURES
The article discusses the problems of carrying out additional tax control measures. The author establishes that the main task of carrying out additional tax measures is to collect additional information necessary for tax authorities to carry out their professional activities. The author examines the key problems of carrying out additional tax measures, which include unfair work of tax authorities, the lack of a clear system for notifying taxpayers about the conduct and results of additional tax measures, etc. The result of the study is the conclusion about the need to modernize the system of additional tax measures in the Russian Federation.
Keywords: tax law, tax audits, additional tax measures, tax measures, legal regulation of tax activities.
Bibliographic list of articles
1. Yushko A. V. The problem of legal understanding in the modern theory of law // Yurist-Pravoved. – 2006. – No. 4 (19). – pp. 106-108.
2. Agababayan V.E., Ochakovsky V.A. Tax control as an element of tax administration in the Russian Federation // Polimatis. – 2018. – No. 9. – pp. 13-18.
3. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
4. Arkhireeva A.S., Kostenko B.Yu. Financial security and the main directions of its provision // Epomen. – 2019. – No. 34. – P. 26-32.
5. Tax control measures. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn77/taxation/reference_work/measures_tax_control/#:~:text=101%20NK%20RF.-,As%20additional%20events%20tax%20control% 20%20may%20be%20requesting%20documents. The above%20list of%20events%20is%20closed. (access date: 10/26/2023).
6. Kurdyuk P.M., Ochakovsky V.A. Some features of the implementation of control powers by the Central Bank of the Russian Federation // Legal Bulletin of Samara University. – 2019. – T. 5. No. 3. – P. 120-125.
7. Bochkovoy A. A., Yushko A. V. Legal assessment of special tax regimes in the Russian Federation // Person. Society. Society. – 2023. – No. 1. – P. 95-99.
8. The authorities abandoned the idea of additional tax audits after complaints from businesses. [Electronic resource]. – Access mode: https://www.forbes.ru/finansy/493008-vlasti-otkazalis-ot-idei-dopolnitel-nyh-nalogovyh-proverok-posle-zalob-biznesa (access date: 10/26/2023).
9. The Federal Tax Service will limit additional inspections during the period of appeal. [Electronic resource]. – Access mode: https://pravo.ru/news/247553/ (date of access: 10/26/2023).
10. Morozova N. A. Generalization of judicial practice related to the violation by the tax authority of the procedure for considering materials of tax control measures. [Electronic resource]. – Access mode: https://arbspor.ru/articles/703/ (date of access: 10/26/2023).
11. Review of judicial practice on issues arising in connection with violations committed by tax authorities when considering tax audit materials. [Electronic resource]. – Access mode: https://11aas.arbitr.ru/node/13575 (date of access: 10.26.2023).
12. Can the Federal Tax Service appoint repeated additional tax control measures? [Electronic resource]. – Access mode: https://its.1c.ru/db/newsprac#content:472341:hdoc (access date: 10.26.2023).
13. Tsykura M. G. Improving the procedure for additional tax control measures as a way to improve the quality of tax administration // Bulletin of Surgut State University. – 2018. – No. 1 (19). – pp. 94-97.
14. Pre-trial settlement of disputes. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn77/apply_fts/pretrial/ (date of access: 10/26/2023).
15. The practice of courts considering cases on pre-trial settlement of tax disputes. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn73/news/activities_fts/4273004/ (access date: 10/26/2023).
ECOLOGICAL LAW
KODOLOVA Alena Vladimirovna
Ph.D. in Law, senior researcher of the Saint-Petersburg Scientific Research Center for Environmental Safety of the Russian Academy of Sciences
LEGISLATION OF THE RUSSIAN FEDERATION ON ENVIRONMENTAL COLLECTION: PROBLEMS AND PROSPECTS
In accordance with the amendments introduced in 2023 to the current waste legislation aimed at forming an effective state regulatory model that determines the maximum return of secondary material resources to economic circulation and minimizing the volume of waste disposal, the concept of environmental collection is included in the legislation, the procedure for calculating it and directing funds has been changed. This article analyzes the above-mentioned changes and judicial practice in collecting environmental fees in order to determine the main trends in legislative regulation and law enforcement problems.
Keywords: environmental collection, extended producer responsibility, production and consumption waste, waste disposal.
Bibliographic list of articles
1. Semshchikov S.E., Kanenkin E.I. Management of municipal solid waste: problems and prospects // Bulletin of the Angarsk State Technical University. – 2013. – No. 19. – P. 203-206.
2. Talaeva O. V. Management of solid municipal waste in the historical aspect and at the present stage // Science without borders. – 2019. – No. 7 (35). – pp. 112-117.
3. Dubovik D. M. Payment for the management of solid municipal waste: analysis of the recalculation problem // Business, management and law. – 2021. – No. 4. – P. 46-51.
4. Masserov D. A., Lomakin A. V. Rational management of solid municipal waste as a factor in economic development and environmental protection // Modern problems of regional development. – 2019. – No. 2. – P. 7.
5. Lipilina A. A. Extended producer responsibility as a mechanism for economic regulation of the plastic waste management system: cross-country analysis // Economic Bulletin of the IPU RAS. – 2022. – T. 3. – No. 4. – P. 10-21.
6. Pavlov N.V. “Legal consequences of the bill “On extended liability of manufacturers and importers of goods and packaging” for recyclers” // Ecologist’s Handbook. – 10/18/2022. – [Electronic resource]. – Access mode: www.profiz.ru/eco/blog/post_9926/?ysclid=lp4f9u0pya351801916 (access date: 11/30/2023).
7. Khludeneva N.I. Defects in legal regulation of environmental protection // SPS ConsultantPlus.
INFORMATION LAW
BAVIN Dmitriy Evgenjevich
student of the Law School of the Far Eastern Federal University, Vladivostok
KUZMINA Karina Sergeevna
student of the Law School of the Far Eastern Federal University, Vladivostok
THE RIGHT TO OBLIVION AS A BALANCE BETWEEN THE WILL OF THE STATE AND THE HUMAN RIGHT TO PRIVACY IN THE FIELD OF HEALTHCARE
The article is devoted to the issues of legal regulation of storage, processing, and transmission of information about the health of citizens. The issue of the implementation of such a constitutional right through the prism of the right to oblivion is no less relevant, in connection with which the article reveals the essence of oblivion in medical law and the possibility of its implementation with sufficient inconsistency. The scientific work also reveals the problems of the applicability of the right to oblivion in the field of healthcare, the possibilities and ways of its introduction into the Russian legal system. The conflict of laws between the right to oblivion and the unity of government to ensure the protection of the interests of society is revealed.
Keywords: constitutional right to privacy, medical law, right to be forgotten, social rating, protection of human and civil rights.
Bibliographic list of articles
1. Constitution of the Russian Federation. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Resolution of the Constitutional Court of July 13, 2022. No. 31-P. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_421790/
3. Federal Law of July 27, 2006 No. 149-FZ (as amended on December 12, 2023) “On information, information technologies and information protection.”
4. Internet resource GDPR. [Electronic resource]. – Access mode: https://ogdpr.eu/ru.
5. “The right to be forgotten: foreign and Russian experience of legal regulation” Pashchenko I. Yu. [Electronic resource]. – Access mode: https://clck.ru/37ZxW6.
6. “The right to health care: constitutional and legal aspect” Mironova O. A. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-na-ohranu-zdorovya-konstitutsionno-pravovoy-aspekt.
INFORMATION LAW
KOSTYUK Sofiya Alexandrovna
bachelor student of the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
LUBYAGIN Oleg Igorevich
Bachelor’s student of the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
ARTIFICIAL INTELLIGENCE: A PROFESSIONAL COMPETITOR OR A MODERN LAWYER’S ASSISTANT
The presented article examines the problem of demand for the legal profession, which arises in connection with the development of artificial intelligence. Particular attention is paid to the role of artificial intelligence in the professional activities of a modern lawyer. In the course of the study, the authors also consider the legal status of artificial intelligence in the Russian Federation, regulatory legal acts regulating issues related to the creation and use of artificial intelligence. The article contains a comparative analysis of the professional advantages and disadvantages of artificial intelligence and a lawyer. In conclusion, the authors propose a way to solve the problems that may arise in connection with the active introduction of artificial intelligence in jurisprudence.
Keywords: artificial intelligence, lawyer, profession, jurisprudence, labor market.
Bibliographic list of articles
1. Arkhipov V.V., Naumov V.B. On some issues of the theoretical foundations for the development of legislation on robotics: aspects of will and legal personality // Law. – 2017. – No. 05. – P. 157-170.
2. Gurko A. Artificial intelligence and copyright: a look into the future // Intellectual property. Copyright and related rights. – 2017. – No. 12. – P. 7-18.
3. Zenin S. S., Kuteynikov D. L., Izhaev O. A. Artificial intelligence and law. From fundamental problems to applied problems. – M.: Prospekt, 2022. – 104 p.
4. Iriskina E. N. Legal aspects of civil liability for causing harm by the actions of a robot as a quasi-subject of civil relations // Humanitarian Informatics. – 2016. – No. 10. – P. 63-72.
5. Naumov V. B., Kamalova G. G. Issues of constructing legal definitions in the field of artificial intelligence // Proceedings of the Institute of State and Law. – 2020. – T. 15. – No. 1. – P. 81-91.
6. Martz J. G. Artificial intelligence is here, get ready! // Catholic University journal of law and technology. – Wash., 2019. – Vol. 28. No. 1. – P. 32-50.
CRIMINAL LAW
GALUSHIN Pavel Viktorovich
Ph.D. in technical sciences, associate professor of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
BEZGACHEV Fyodor Vladimirovich
senior lecturer of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
POSSIBILITIES OF USING EXPLAINABLE ARTIFICIAL INTELLIGENCE TECHNOLOGIES DURING THE INVESTIGATION OF A CRIMINAL CASE
This article discusses the possibilities of using artificial intelligence methods and systems in the process of investigating a criminal case. A brief overview of the possibilities of using such technologies in the investigation and consideration of criminal cases proposed by domestic researchers is given. In particular, the use of generative-adversarial networks in the production of the investigative action “Presentation for identification” and large language models (LLM) for the preparation of procedural documents is considered. In general, the use of artificial intelligence technologies will reduce the amount of routine work by practicing lawyers. A drop in the qualifications of lawyers using artificial neural networks in their activities is indicated as possible risks. The use of explicable artificial intelligence technologies is proposed as a measure to minimize such risks.
Keywords: criminal case, investigative actions, presentation for identification, artificial neural network, generative models, video conferencing, large language models.
Bibliographic list of articles
1. On the development of artificial intelligence in the Russian Federation: decree of the President of the Russian Federation: [dated October 10, 2019 No. 490] // Collection of legislation of the Russian Federation. – 2019. – No. 41. – Art. 5700.
2. Averkin A. N. Explainable artificial intelligence as part of third generation artificial intelligence // Speech technologies. – 2023. – No. 1. – P. 4-10. – EDN ONAIEY.
3. Balalaeva Yu. S. The role of artificial intelligence in identifying and preventing corruption risks in pre-trial proceedings in criminal cases // Current problems of combating corruption in modern conditions: theory and practice: Collection of scientific works of the All-Russian Scientific and Practical Institutechesical conference, Nizhny Novgorod, December 21, 2022 / Edited by S. V. Gorbacheva, M. V. Balalaeva. – Nizhny Novgorod: Nizhny Novgorod Institute of Management – branch of the federal state budgetary educational institution of higher education “Russian Academy of National Economy and Public Administration under the President of the Russian Federation”, 2023. – P. 8-15. – EDN EOSTMZ.
4. Bakhteev D.V. Artificial intelligence in investigative activities: tasks and problems // Forensic Science. – 2020. – No. 9. – P. 3-7.
5. Bezgachev F.V., Galushin P.V. Application of neural network synthesis of persons for carrying out the investigative action “presentation for identification” via video conferencing // Scientific research, development and practical implementation: materials of the VII International Scientific and Practical Conference: at 2 o’clock, Stavropol, January 31, 2022. Volume 1. – Stavropol: Limited Liability Company “Stavropol Publishing House “Paragraph”, 2022. – P. 50-51. – EDN FWGLQO.
6. Kiyaeva E. Yu. Application of artificial intelligence technologies in the production of examinations in criminal cases // Legal order in Russia: problems of improvement: XV All-Russian Conference: collection of articles, Moscow, March 15-19, 2021. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after. V. Ya. Kikotya, 2021. – P. 330-335. – EDN OUBOVL.
7. Kovalev A.K., Panov A.I. Application of pre-trained large language models in tasks of embodied artificial intelligence // Reports of the Russian Academy of Sciences. Mathematics, computer science, management processes. – 2022. – T. 508. No. 1. – P. 94-99. – DOI 10.31857/S268695432207013X. – EDN IKOLKF.
8. Kreines E. M., Novikova N. M., Pospelova I. I. Equilibrium and compromise in multicriteria two-person zero-sum games // Proceedings of the Russian Academy of Sciences. Theory and control systems. – 2020. – No. 6. – P. 60-82. – DOI 10.31857/S0002338820060086. – EDN KPQDIY.
9. Kuznetsov A.V. Digital history and artificial intelligence: prospects and risks of using large language models // New information technologies in education and science. – 2022. – No. 5. – P. 53-57. – DOI 10.17853/2587-6910-2022-05-53-57. – EDN VFYSAN.
10. Malina M. A. The use of artificial intelligence in the administration of justice in criminal cases: problems and prospects // State and Law. – 2022. – No. 1. – P. 91-97. – DOI 10.31857/S102694520018277-5. – EDN VDPSAS.
11. Malina M. A. Digitalization of the Russian criminal process: artificial intelligence for the investigator or instead of the investigator // Russian investigator. – 2021. – No. 2. – P. 29-32. – DOI 10.18572/1812-3783-2021-2-29-32. – EDN RMBHSB.
12. Uzdyaev M. Yu., Levonevsky D. K., Shumskaya O. O., Letenkov M. A. Methods for detecting aggressive users of the information space based on generative adversarial neural networks // Information-measuring and control systems. – 2019. – No. 17 (5). – pp. 60-68.
13. Palieva O. N., Sementsova I. A. The use of artificial intelligence and information technologies during the investigation of criminal cases // Bulletin of Moscow University. S. Yu. Witte. Series 2: Legal sciences. – 2021. – No. 2 (28). – P. 35-40. – DOI 10.21777/2587-9472-2021-2-35-40. – EDN SBTMEE.
14. Prokhorova E. A., Samoroka V. A. Possibilities and prospects for the use of artificial intelligence technologies at the stage of initiating a criminal case // Modern criminal procedural law – lessons from history and problems of further reform. – 2021. – T. 2. No. 1 (3). – P. 80-87. – EDN NYNLBW.
15. Smetanina O. N., Sazonova E. Yu., Andrushko D. Yu. Software and hardware complex for assessing reliability using artificial intelligence // Modern science-intensive technologies. – 2020. – No. 7. – P. 90-97. – DOI 10.17513/snt.38140. – EDN NCVHJV.
16. Sheremetyev I. I. The use of artificial intelligence in the formation of the court composition for consideration of a criminal case // Russian legal system in the conditions of the fourth industrial revolution: Materials of the VI Moscow Legal Forum of the XVI International Scientific and Practical Conference. In 3 parts, Moscow, April 04–06, 2019. Volume Part 3. – Moscow: Limited Liability Company “Prospect”, 2019. – P. 121-129. – EDN GWSFCA.
CRIMINAL LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ON THE ISSUE OF CRIMINAL LIABILITY FOR TAX CRIMES
This article attempts to investigate the formation and subsequent development of the institution of criminal responsibility for the commission of criminal offenses – crimes in the field of taxes and fees. The problematic issues of improving the dispositions of criminal law norms regulating the signs of danger of acts that pose a danger to both the individual in particular and to a wide range of persons in general are revealed, which allows us to formulate prohibited rules of conduct and, accordingly, criminalize criminal offenses in the tax sphere. The author identified has the relationship between tax crimes and the actions of criminals, which consists in increasing the financial capabilities of the latter through the flow of unaccounted-for funds to them.
Keywords: tax, collection, disposition, code, tax crime, tax agent, false information.
Bibliographic list of articles
1. Bagraev S.P. On the concept of tax crime // Financial law. – 2004. – No. 5. – P. 59-60.
2. Types of tax offenses. Theory and practice of application / Ed. A. V. Bryzgalina. – Ekaterinburg, 2004. – 304 p.
3. Zrelov A. P., Krasnov M. V. Tax crimes. – M.: Status-Quo 97, 2004. – 192 p.
4. Kinsburskaya V. A., Yalbulganov A. A. Tax crimes under the legislation of the Russian Federation. Scientific and practical commentary on legislation and judicial practice. – M.: Unity, 2008. – 612 p.
5. Kucherov I. I., Solovyov I. N. Criminal liability for tax crimes. A comment. – M., 2004. – 121 p.
6. Tax law of Russia: Textbook for universities / Rep. ed. Yu. A. Krokhina. – 2nd ed., revised. – M.: Norma, 2004. – 720 p.
CRIMINAL LAW
DOROZHKIN Ivan Olegovich
Military Prosecutor of the Supervision Department of the Military Prosecutor’s Office of the Eastern Military District
ON THE QUESTION OF THE EXPEDIENCY OF INTRODUCING CRIMINAL LIABILITY OF LEGAL ENTITIES
In Russian science, the question of the need to make additions to the criminal legislation regarding the establishment of criminal liability of legal entities has been debated for a long time. The author questions the expediency of introducing norms on criminal liability of legal entities into Russian legislation, since the goals proclaimed by supporters of this concept can be achieved by existing legal means. In substantiation of his position, he draws attention to the sources of the idea of bringing legal entities to criminal responsibility, and also notes the desire of the legislator, even in the field of civil law, to identify a specific person guilty of making decisions implemented by the organization. In addition, the sanctions provided for by foreign criminal codes against legal entities are analyzed and correlated in Russian legislation. Attention is drawn to the fact that the idea of increasing the size of penalties may break down about the impossibility of collecting them.
Keywords: legal entities, criminal liability, piercing of the corporate veil, sanctions
Bibliographic list of articles
1. Balzhinimaeva V.V. Legal entity as a means, method and instrument of committing a crime // Law. Journal of the Higher School of Economics. – 2022. – T. 15. – No. 1. – P. 154-163.
2. Biryukov P. N. Criminal liability of legal entities in EU member states. – Voronezh: VSU Publishing House, 2015. – 319 p.
3. Volozhbenskaya D.I. Case Prest v. Petrodel and the conceptualization of the doctrine of piercing the corporate veil in the UK // Russian Judge. – 2021. – No. 7. – P. 60-64.
4. Demin S. G. Limits of criminal liability of legal entities in Russia: Author’s abstract. …dis. Ph.D. legal sciences. – Krasnodar, 2014. – 25 p.
5. Kachalov V.V. Criminal liability of legal entities: critical analysis of arguments against // Lex russica. – 2016. – No. 12 (121). – pp. 32-40.
6. Minin R.V. Institute of criminal liability of legal entities in Russia: problems of conditionality and regulation: Author’s abstract. dis… cand. legal Sci. – Tyumen, 2008. – 21 p.
7. Sizova V. N. Institute of criminal liability of legal entities in the system of Russian criminal legislation: on the issue of determining the subject // Academic thought. – 2021. – No. 4 (17). – pp. 36-38.
8. Trofimov E. V. US Foreign Corrupt Practices Act of 1977 and international legal initiatives to combat corruption globally: problems of criminalization and administration of dubious transactions of transnational corporations in the 1970s. // Law and politics. – 2019. – No. 2. – P. 30-48.
9. Fedorov A.V. Criminal liability of legal entities and the digital economy // Law and digital economy. – 2021. – No. 1 (11). – pp. 5-12.
10. Fedorov A.V. Criminal liability of legal entities in post-Soviet states. – M.: Yurlitnform, 2022. – 248 p.
CRIMINAL LAW
DYRMA Sergey Valerjevich
senior lecturer of Humanities and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF COUNTERING THEFT AND FRAUD COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The article discusses the concept and features of crimes committed using information and communication technologies. The article considers the criminal and legal characteristics of crimes and frauds committed using information and communication technologies as the most common types of IT crimes. The author identifies the main problems of countering theft and fraud in this category. Based on the studied problematic issues within the framework of the presented topic, as well as the results of an empirical study, the author substantiates the need to improve the activities of the internal affairs of bodies of the Russian Federation in the prevention and disclosure of theft and fraud committed using information and communication technologies in specific areas.
Keywords: theft, fraud, information and communication technologies, legal regulation, extraterritoriality, anonymization, prevention.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // SPS “ConsultantPlus” (date of access: 12/01/2023).
2. On information, information technologies and information protection dated July 27, 2006 No. 149-FZ // SPS “ConsultantPlus” (date of access: 12/02/2023).
3. Alyabyev A. A., Lagutochkin A. V. Problems of implementing operational-search activities in the information space of the Internet // Problems of law enforcement. – 2013. – No. 1. – pp. 66-69.
4. Paramonov A.V., Plotnikova T.V. Prevention of crimes in the field of computer information // Gaps in Russian legislation. – 2019. – No. 4. – pp. 60-63.
CRIMINAL LAW
SAKAEVA Rezeda Ramilevna
lecturer of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
PROBLEMATIC ASPECTS OF DETERMINING THE COMPOSITION OF THE SUBJECT IN ART. 200.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses problematic issues of the concept of “subject of a crime”, provided for in Art. 200.4 of the Criminal Code of the Russian Federation. An analysis of the current legislation and materials of judicial practice in the field of public procurement of goods, works and services is carried out to determine the subject composition. It is concluded that it is necessary to make changes to the current legislation.
Keywords: subject of crime, public procurement, criminal liability for violations in the field of public procurement, contract system, official.
Bibliographic list of articles
1. Accounts Chamber: the potential of the contract system has not yet been revealed. [Electronic resource]. – Access mode: https://ach.gov.ru/checks/12218. (access date: 12/12/2023).
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19 “On judicial practice in cases of abuse of power and exceeding official powers” // Bulletin of the Investigative Committee at the Prosecutor’s Office of the Russian Federation. – No. 4. – 2009.
3. Verdict of the Kurgan City Court No. 1-22/2020 1-693/2019 dated January 27, 2020 No. 1-22/2020. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/5AiTonJKaa14. (access date: 12/13/2023).
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON CRIMINAL LIABILITY FOR INSULT AND SLANDER THROUGH THE PRISM OF PROTECTING NATIONAL INTERESTS
The article examines the issues of possible criminal liability for defamation and insult against the President of the Russian Federation, government or public figures of the Russian Federation. The author examines the modern features of the transformation of Russia’s criminal policy from the perspective of a focus on the comprehensive protection of national interests. Foreign legislation providing for criminal liability for illegal actions discrediting the honor and dignity of heads of state and statesmen has been studied. The directions of improvement of domestic criminal legislation are proposed.
Keywords: crime, national interests, state power, national security, criminal policy, honor, dignity, insult, slander.
Article bibliographic list
1. Report of the Public Chamber of the Russian Federation “On the state of civil society in the Russian Federation for 2023.” – [Electronic resource]. – Access mode:: http://www.oprf.ru/activity_documents. (Date of access: 12/10/2023).
2. Aleksandrov A.I. Philosophy of evil and philosophy of crime: questions of philosophy of law, criminal policy and criminal process. – St. Petersburg, 2013. – 598 p.
3. Minkovsky G. M. On the concept of criminal policy and some problems of its information support // Problems of the sociology of criminal law. Collection of scientific papers. – M., 1982. – P. 66-84
4. Serebrennikova A. V. On the concept of criminal policy: statement of the problem // Business in law. Economic and legal journal. – 2014. – No. 2. – P. 168-170.
5. Martynenko N. E. Criminal policy and criminal law: correlation of concepts // Criminal law: development strategy in the 21st century: collection of materials of the Third International Scientific and Practical Conference; executive editor: A. I. Rarog. – Moscow, 2006. – 365 p.
6. Lechiev R. S. Criminal policy to ensure special military operations and protect the sovereignty of Russia in the new era // Criminological Journal. – 2023. – No. 3. – P. 123-130.
7. Kravchenko I. O. Liberalization and humanization of criminal law policy // All-Russian criminological journal. – 2021. – T. 15. No. 5. – P. 565-577. P. 575.
8. Stupina S.A. On the issue of criminal liability for inciting hatred or enmity, as well as humiliation of human dignity // Activities of law enforcement agencies in modern conditions: Collection of materials of the XXVIII International Scientific and Practical Conference. – Irkutsk, 2023. – pp. 84-87.
9. Criminal Code of the People’s Republic of China / Under the general editorship. prof. A.I. Chuchaeva and prof. A. I. Korobeeva, trans. from Chinese prof. Huang Daoxu. 2nd ed. – M., 2021. – 312 p.
CRIMINAL LAW
CHOCHUEVA Zulfiya Azretalievna
Ph.D. in Law, associate professor, Head of Criminal law and process sub-faculty of the North Caucasus State Academy, Cherkessk
RELATIONSHIP OF DIGITAL TECHNOLOGIES WITH CRIMINAL LEGAL RELATIONS
The modern period of development of law, including criminal law, is inextricably linked with such new phenomena as digital technologies and digital information. The connection between criminal law relations and digital technologies is manifested in the increase in crimes committed in the sphere of cyberspace. Therefore, the analysis of the progressive development of digitalization and its impact on criminal law seems relevant and important. The purpose of the research in this article is to establish a variety of issues that arise in the relationship of digital technologies with criminal law relations, to identify the positive and negative properties of artificial intelligence, which has been so often discussed recently in the scientific community , and is being implemented on a large scale in all spheres of human life. Without going specifically into the criminal acts that are committed through the use of digital tools, the main gaps that require the intervention of the legislator and the doctrine of criminal law have been identified. The solution of these problems, the definition of a uniform legal conceptual framework in the field of digitalization, will allow law enforcement officers to correctly qualify crimes.
Keywords: law, public relations, digital technologies, crime, Internet.
Bibliographic list of articles
1. Arkhipov V.V., Naumov V.B. Artificial intelligence and autonomous devices in the context of law: on the development of Russia’s first law on robotics // Proceedings of SPIIRAS. – 2017. – No. 6. – P. 46-62.
2. Voskobitova L. A. Criminal proceedings and digital technologies: compatibility problems // Lex russica (Russian law). – 2019. – No. 5 (150). – pp. 91-104.
3. Kamyshansky V.P., Koretsky A.V. The concept and legal status of a carrier of artificial intelligence // The power of the law. – 2019. – No. 1 (37). – pp. 42-52.
4. Ponkin I.V., Redkina A.I. Artificial intelligence from the point of view of law // Bulletin of the Russian Peoples’ Friendship University. Series Legal Sciences. – 2018. – T. 22, No. 1. – P. 91-109.
5. Serebrennikova A.V., Lebedev M.V. Criminal law in the era of digital technologies // Union of criminologists and criminologists. – 2020. – No. 4. – P. 65-69.
6. Temirbekov Zh. R. Artificial intelligence and law: a brief overview // Law and State. – 2021. – No. 3 (92). – pp. 142-156.
7. Chernigovskaya T. M. Digitalization and humanity // Global Woman Media. – 2020.
8. Shchelkogonova E. V. Criminal law on-line: theory and practice of digitalization // Technologies of the 21st century in jurisprudence: materials of the All-Russian scientific and practical conference / ed. D.V.BAkhteeva. – 2019. – pp. 177-181.
9. Shchelkonogova E. V. Digital technologies and criminal law: issues of interaction // Bulletin of the Yugra State University. – 2021. – Issue 1 (60). – pp. 105-110.
CRIMINAL LAW
BLIZNETSOV Andrey Sergeevich
student of the Far Eastern Federal University, Vladivostok
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
OSTROZHNIKOV Andrey Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KAN Natalya Andreevna
student of the Far Eastern Federal University, Vladivostok
GULEVICH Margarita Olegovna
student of the Far Eastern Federal University, Vladivostok
TRENDS AND EFFECTIVENESS OF JUSTICE IN RUSSIA: THE STUDY OF PENALTIES FOR FRAUD UNDER ARTICLE 159 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This study is a comprehensive analysis of Russian judicial practice, focusing on article 159 of the Criminal Code concerning fraud. It includes an overview of punishment statistics, paying attention to factors mitigating or aggravating punishment, and evaluates the effectiveness of justice in combating cybercrime. Based on judicial data, the study examines current trends in sentencing and fraud investigations, especially in the field of OT. The analysis reveals the main problems and opportunities for improving the effectiveness of the criminal system in modern Russia.
Keywords: judicial practice, Article 159 of the Criminal Code of the Russian Federation, fraud, cybercrimes, punishments, mitigating and aggravating circumstances, criminal justice, legal statistics, information technology.
Bibliographic list of articles
1. Veklenko V.V. Criminal law. A common part. Publishing house “Urayt”, 2023. – [Electronic resource]. – Access mode: www.urait.ru
2. Pikurov N. I. Exemption from criminal liability with the imposition of a judicial fine: legal nature and prospects for application // Criminal law: development strategy in the 21st century. Materials of the XIV International Scientific and Practical Conference (January 26-27, 2017). – M.: Original layout, 2017. – P. 37-41.
3. Best New Criminal Law Books to Read In 2023 – BookAuthority. – [Electronic resource]. – Access mode: www.bookauthority.org
4. Verina G. V. Differentiation of criminal liability for crimes against property: problems of theory and practice: abstract. dis. Doctor of Law Sci. – Saratov, 2003. – 176 p.
5. Gaukhman L. D., Maksimov S. V. Responsibility for crimes against property. – M.: CenterYurInfor, 2001. – 310 p.
6. Criminal law of Russia. General part: Textbook / Edited by I. E. Zvecharovsky. – M.: Norma, 2018. – 638 p.
CRIMINAL LAW
KAREV Igor Andreevich
student of the Far Eastern Federal University, Vladivostok
MOSKINA Marina Nikolaevna
magister student of the Far Eastern Federal University, Vladivostok
YELOVSKAYA Lika Vladimirovna
student of the Far Eastern Federal University, Vladivostok
BARANOVA Alina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MOISEENKO Daria Ruslanovna
student of the Far Eastern Federal University, Vladivostok
CONSUMER PROTECTION: CRIMINAL LAW ASPECT IN THE RUSSIAN FEDERATION
This article highlights the topic of criminal protection of consumer rights in the context of the Russian Federation, with an emphasis on the analysis of existing legislative norms and judicial practice. Special attention is paid to Article 238 of the Criminal Code of the Russian Federation and its role in ensuring the safety of products and services. The article also explores the relationship between the quality of goods, public health, economic aspects and the impact of international standards on this area.
Keywords: consumer protection, criminal protection, product quality and safety, judicial practice in the Russian Federation, international standards, public health.
Bibliographic list of articles
1. Kuskov A. S., Ivanov I. S. Consumer law. Workshop: textbook for universities – Moscow: Yurayt Publishing House, 2023. – 309 p. – (Higher education).
2. Anisimov A.P., Kozlova M.Yu., Ryzhenkov A.Ya. Civil law of Russia. General part: textbook for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 435 p. – (Higher education).
3. Civil law. Special part in 2 volumes. Volume 2: textbook for secondary vocational education / A. P. AnIsimov, M. Yu. Kozlova, A. Ya. Ryzhenkov, S. A. Charkin. – 7th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 255 p. – (Vocational education).
4. Administrative law of Russia: textbook and workshop for universities / A. I. Stakhov [et al.]; edited by A. I. Stakhov, P. I. Kononov. – 3rd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 484 p. – (Higher education).
5. Golovko E. G. Protection of consumer rights in the Russian Federation: theory and practice. – Moscow: Justitsinform, 2022. – 320 p.
6. Harper J. Consumer Protection Laws in the Globalized World // Journal of Consumer Policy. – 2022. – Vol. 45. – No. 3. – R. 345-368.
7. Smith J. R., Johnson M. W. “Consumer Rights and Product Safety: An International Perspective” // Journal of International Business Studies. – 2021. – Vol. 49. – No. 5. –R. 637-658.
CRIMINAL LAW
KOSTENKO Dmitriy Sergeevich
competitor of the degree of Ph.D. in Law of the St. Petersburg State University
THE ROLE OF THE MODERN SCHOOL OF SOCIAL DEFENSE BY M. ANSEL IN THE ISSUE OF MODERN REFORMS OF THE SYSTEM OF PREVENTIVE MEASURES IN RUSSIA
The article considers the main provisions of the modern school of social defense by M. Ansel and its role in transformation of the system of preventive measures in France. Comparative analysis of the foundations of legal institutions considering preventive measures in the Russian Federation and France leads to the conclusion that there are existing theoretical grounds for further implementation of the policy of humanizing national criminal procedural legislation.
Keywords: precautionary measures, modern school of social defense, Mark Ansel, prohibitions of certain actions, judicial supervision, humanization of the law of criminal procedure.
Bibliographic list of articles
1. Ansel M. New social protection. Humanistic movement in criminal policy: Translation from French / Translation: Lapshina N. S.; Ed. and from the entrance. Art.: Piontkovsky A. A. – M.: Progress, 1970. – 312 p.
2. Golovko L.V. Inquiry and preliminary investigation in the criminal process of France. – M.: Spark, 1995. – 130 p.
3. Cardet S. Le controle judiciaire socio-educatif: 1970-1993, chronique d’une experience qui dure // Revue de science criminelle et de droit pénal compare. – 1994. – No. 3. – P. 504-523.
4. De Vincentiis C. Appunti intorno al procedimento di socializzazione. Riv. Difesa Sociale (Genova). – 1947. – No. 3. – Bl. 285; en 1948. – No. 1-2. – Bl. 45.
CRIMINAL LAW
ROSTOTSKIY Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
BASILOV Umid Ihtiyor ugli
student of the Far Eastern Federal University, Vladivostok
BRAGA Snezhana Sergeevna
student of the Far Eastern Federal University, Vladivostok
BERDYKINA Valeria Viktorovna
student of the Far Eastern Federal University, Vladivostok
VORONOVA Sofya Alexandrovna
student of the Far Eastern Federal University, Vladivostok
REFORMING APPROACHES TO JUVENILE CORRECTION: ANALYSIS AND IMPROVEMENT OF PUNISHMENT SUBSTITUTION MECHANISMS IN THE RUSSIAN FEDERATION
This article deals with the effectiveness of existing mechanisms for the replacement of punishment for juvenile convicts in Russia. Based on the analysis of judicial statistics and the practice of applying the Penal Enforcement Code of the Russian Federation, the imbalance between legislative norms and their implementation in practice is being investigated. Particular attention is paid to the discrepancy between the theoretical provisions and the actual implementation of the law in relation to young people. The article offers recommendations for improving legislation in order to ensure a more humane and fair approach, taking into account age characteristics and the severity of the crimes committed.
Keywords: criminal justice reform, juvenile correction, penal enforcement code, judicial statistics, humanization of law enforcement, analysis of legal practice, differentiation of punishments.
Bibliographic list of articles
1. Matveev S. A., Makarov R. V. “Replacing the unserved part of the punishment with a milder type of punishment: features of theory and practical implementation” // Bulletin of the Mari State University. Series “Historical Sciences. Legal sciences”. – 2016. – No. 1 (5). [Electronic resource]. – Access mode: cyberleninka.ru.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/01/2011 N 1 (as amended on 10/28/2021) “On the judicial practice of applying legislation regulating the features of criminal liabilityity and punishment of minors.” [Electronic resource]. – Access mode: consultant.ru.
3. Babayan S. L. “Issues of replacing the unserved part of the sentence with a milder type of punishment in relation to those sentenced to imprisonment” // Man: crime and punishment. – 2011. – No. 1. [Electronic resource]. – Access mode: cyberleninka.ru.
4. Carcano, Andrea. “Sentencing and the Gravity of the Offense in International Criminal Law”, 51 Int’l & Comp. L.Q. 583, 608 (2002). [Electronic resource]. – Access mode: cambridge.org.
CRIMINAL LAW
SARANCHUK Lina Nikolaevna
student of the Far Eastern Federal University, Vladivostok
TARNOVSKAYA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ROZHENTSEVA Arina Pavlovna
student of the Far Eastern Federal University, Vladivostok
BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
DENISYUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
ARREST REFORM IN RUSSIAN CRIMINAL JUSTICE: ANALYTICAL REVIEW AND PROSPECTS
This article provides an in-depth analytical overview of the role of arrest in the Russian criminal justice system, its recent reforms and future prospects. Based on a comparison with international practice and current changes in legislation, the author explores how arrest affects public perception and the implementation of justice. The article examines the impact of arrest on different age groups, the financing of institutions for the detention of detainees, methods of preventing recidivism, educational initiatives in this area, as well as restrictions on the use of arrest as a sanction.
Keywords: arrest reform, criminal justice, comparative analysis, international experience, legislative changes, public perception, justice.
Bibliographic list of articles
1. Stepashin V. M. Arrest as a type of criminal punishment // Bulletin of Omsk University. Series “Law”. – 2011. – No. 4 (29). – pp. 130-134.
2. Teokharov A.K., Chestnov A.V. Criminal punishment in the form of arrest: problems and prospects // Legal Bulletin of Samara University. – 2020. – T. 6. No. 4. – P. 52-60.
3. Petrukhin I. New Criminal Code: the problem of punishment // Criminal Law. – 1999. – No. 3. – P. 42-44.
4. Federal Law of June 13, 1996 No. 64-FZ “On the implementation of the Criminal Code of the Russian Federation.” – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_10701/.
5. Kehoe A. V. Punishment, Prisons, and Patriarchy: Liberty and Power in the Early American Republic. – NYU Press, 2003.
6. Zedner L. Punishment and security: Patrolling punishment and governance // Punishment & Society. – 2015. – No. 17 (4). – Rr. 436-456.
CRIMINAL LAW
CHAKIEV Murat Akhmedovich
senior lecturer of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
INTERNAL AFFAIRS BODIES AS A SUBJECT OF PREVENTION OF CRIMES AND OTHER OFFENSES AGAINST PERSONS WITH DISABILITIES
The article examines the preventive orientation of the activities of the internal affairs bodies and focuses on the high purpose of the service of district police commissioners in resolving issues of effective prevention of crimes and other offenses. Taking into account a detailed analysis of regulatory legal acts regulating the prevention of offenses, attention is drawn to the need to improve them in order to increase the effectiveness of such activities by properly providing persons with disabilities with a guarantee of protection from criminal encroachments by extending preventive measures mandatory for implementation by district police officers to this category of persons.
Keywords: prevention of crimes; offenses; prevention; disabled person; district police commissioner; internal affairs bodies.
Bibliographic list of articles
1. Bandurka V. B. Different approaches to the interpretation of the concept and essence of an offense // Legal science and practice: history and modernity: collection of materials of the II International Scientific and Practical Conference / MIGUP branch in the Ryazan region; resp. editor I. V. Pantyukhina. Volume Issue 2: Limited Liability Company “Concept Publishing House”, 2014. – P. 17-20.
2. Kachalov V. I., Kachalova O. V., Kachalov V. I. Law enforcement agencies of the Russian Federation: textbook / V. I. Kachalov, O. V. Kachalova; Federal Agency for Education, Moscow State. Industrial University, Institute of Distance Education. – Moscow: MGIU, 2007. – 321 p.
3. Mullakhmetova N. E. Victims of crimes with mental disorders: victimological and criminal procedural aspects // Victimology. – 2017. – No. 2 (12). – P. 46-50.
4. Nosatov Yu. N. Concept of development of the service of local police commissioners of territorial bodies of the Ministry of Internal Affairs of Russia as a management decision of the strategic level // Materials of the International scientific and practical conference “Topical issues of improving the activities of police services and units in the field of protecting public order and public security. Online publication “Academic Thought”. – 2023. – No. 2 (23). – pp. 109-113.
5. Renkas E. V. On the issue of improving the legal regulation of preventive activities of local police officers // Bulletin of Economic Security. – 2018. – No. 1. – P. 165-169.
CRIMINAL LAW
SHADRINA Elena Sergeevna
investigator of the Investigative department for the Leninsky district of the town of Kirov of the Investigative Department of the Investigative Committee of the Russian Federation for the Kirov region, 1st year graduate student of the Faculty of training of scientific and pedagogical personnel and organization of research work of the Moscow Academy of the Investigative Committee
PROBLEMATIC ISSUES OF THE OBJECTIVE SIDE OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 200.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article examines the objective signs of the corpus delicti provided for in Article 200.4 of the Criminal Code of the Russian Federation. The problem of unjustified placement of this article in Chapter 22 of the Criminal Code of the Russian Federation is touched upon. The cases of the use of the concepts of “abuse” and “violation” are investigated, and a conclusion is made about the unsuccessful legal technique used by the legislator in describing the disposition of the crime in question. The concept of major damage is analyzed, the author’s position on the problems arising in connection with the unreasonability of the established amounts of large and especially large damage for the qualification of this crime is formulated.
Keywords: public procurement, scope of procurement, Article 200.4 of the Criminal Code of the Russian Federation, criminal liability, abuse, corpus delicti, damage.
Bibliographic list of articles
1. Abramkin A.D. Criminal legal measures to counteract abuses in the field of procurement of goods, works, services to ensure state or municipal needs: dis. …cand. legal Sci. ― Krasnodar, 2022. – 200 p.
2. Abramkin A.D. Damage as a sign of abuse in the field of procurement of goods, works, services to meet state or municipal needs // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (91). – pp. 52-57.
3. Asnis A. Ya. Novels of the Criminal Code on liability for abuses in the field of public procurement: background and qualification problems // Russian Competition Law and Economics. – 2018. – No. 4. – P. 34-43.
4. Bavsun M.V., Borkov V.N. New criminal law measures for protecting relations in the field of procurement for public needs // Modern law. – 2018. – No. 9. – P. 90-94.
5. Borkov V. N. Abuse in the field of procurement (Article 200.4 of the Criminal Code of the Russian Federation) and fraud // Criminal law. – 2018. – No. 4. – P. 29-32.
6. Borkov V. N. Correlation of abuses in the field of procurement (Article 200.4 of the Criminal Code of the Russian Federation) with other encroachments on state property // Legality. – 2018. – No. 7. – P. 38-42.
7. Veniaminov A.G. Some issues in the investigation of crimes committed in the field of procurement of goods, works and services to ensure state and municipal needs // Russian Investigator. – 2020. – No. 7. – P. 9-13.
8. Gladkikh V.I. Abuses in the field of procurement of goods, works, services to meet state or municipal needs (Article 200.4 of the Criminal Code of the Russian Federation): theoretical analysis // Russian Justice. – 2019. – No. 3. – P. 51-54.
9. Gudkov A.P. Abuses in the field of public procurement (Article 200.4 of the Criminal Code of the Russian Federation): advantages and disadvantages of the legislative novel // Modern science: current problems of theory and practice. Economics and law. –2018. –No. 11. – P. 93-97.
10. Ermolovich Ya. N. Criminal liability for improper execution of the state defense order and violation of the procedure for public procurement // Defense-industrial complex: legal issues. – 2019. – No. 1. – P. 15-26.
11. Any I.A. Defects in the crime under Art. 200.4 of the Criminal Code of the Russian Federation // Court administrator. – 2020. – No. 4. – P. 35-37.
12. Any I.A. On the issue of responsibility for abuses in the sphere of state and municipal procurement // Russian justice. – 2019. – No. 5. – P. 54-56.
13. Any I. A. Criminal legal measuresCombating abuses in the field of procurement of goods, works, services to meet state and municipal needs: dis. …cand. legal Sci. ― Omsk, 2022. – 222 p.
14. Shurpaev Sh. M. Criminal-legal and criminological characteristics of corruption-related crimes in the field of procurement for state and municipal needs: dis. …cand. legal Sci. ― M., 2021. – 297 pp.
15. Yani P. S. Entrepreneurial crimes against property // Legality. – 2017. – No. 1. – P. 46-51.
CRIMINAL LAW
HUYNH Huu Tinh
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; senior lecturer of the People’s Security University of the Ministry of Public Security, Republic of Vietnam
SOME RESTRICTIONS ON CRIMES OF INTERFERENCE WITH JUDICIARY IN THE 2015 CRIMINAL CODE OF VIETNAM
Crimes of infringing on judicial activities are specified in Chapter XXIV of the 2015 Criminal Code, despite the amendments and supplementations on the basis of absorbing international legislative experience, reasonable scientific points of the previous 1999 Criminal Code as well as the practical situation of Vietnam. But the crimes of infringing on judicial activities in the current penal code still have many inadequacies in terms of vocabulary and concepts of acts and so on. This omission leads to a lack of uniformity in crimes handling that violate judicial activities by law enforcement agencies. The article mentions some inadequacies in this group of crimes and proposes directions for improvement.
Keywords: crime, infringement of judicial activities, Сriminal Code of Vietnam 2015.
Bibliographic list of articles
1. Criminal Code of the Socialist Republic of Vietnam 2015
2. Criminal Code of the Socialist Republic of Vietnam 1999
3. Criminal Procedure Code of the Socialist Republic of Vietnam 2015
4. Law on the Organization of Criminal Investigation Agencies of the Socialist Republic of Vietnam 2015
5. Commentary on the Criminal Code of 2015, section on crimes “Chapter XIV. Crimes that impinge on judicial activities.” Dinh Van Que, 2021.
6. Crimes encroaching on judicial activities in the Criminal Code of Vietnam. Nguyen Tat Vien. Justice Publishing. Hanoi, 2016.
CRIMINAL PROCEDURE
AZAROV Vitaliy Vladimirovich
lecturer of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
MILOKUMOVA Alina Alexandrovna
cadet of the 1st platoon of the 2nd course of the Samara Law Institute of the FPS of Russia
PROBLEMS OF TRAINING EMPLOYEES OF THE PENAL ENFORCEMENT SYSTEM TO WORK ON RUSSIAN SOFTWARE IN THE ERA OF DIGITALIZATION OF EDUCATION
The article examines the problems of training employees of the penal enforcement system to work on domestic solutions in the field of information technology and, in general, the transition to Russian software in the era of digitalization in educational organizations of the Federal Penitentiary Service .
Therefore, the purpose of the study is to develop certain recommendations for training employees of the Federal Penitentiary Service of Russia to work on Russian software.
The vast majority of personal computer users are used to using foreign software in their daily lives (activities), for example, the Microsoft Windows operating system with the Microsoft Office office suite, which differs significantly from Russian software.
Integration of reproductive and creative tasks into the educational process is an effective learning measure, since they are focused on mastering the skills of working with the LibreOffice office suite, as well as on consolidating and independently using the acquired skills and knowledge in the future.
Keywords: Russian software, training, employee, professional skills, personal computer, information security.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated March 30, 2022 No. 166 “On measures to ensure technological independence and security of the critical information infrastructure of the Russian Federation.” // www.garant.ru (accessed November 28, 2023).
2. Order of the Ministry of Digital Development, Communications and Mass Communications of the Russian Federation 01/18/2023 N 21 “On approval of Methodological recommendations for the transition to the use of Russian software, including at significant objects of critical information infrastructure of the Russian Federation, and on the implementation of measures aimed at acceleratea new transition of government bodies and organizations to the use of Russian software in the Russian Federation.” // www.garant.ru (accessed November 28, 2023).
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PIVOVAROV Igor Konstantinovich
lawyer of the Crimean Bar Association
CONFISCATION OF VEHICLES FROM CONVICTS UNDER ARTICLES 264.1, 264.2, 264.3 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: THE CONCEPT, CONDITIONS AND PROCEDURE OF APPLICATION
The article considers the type of criminal punishment – confiscation of property of distinguished persons for committing crimes provided for in Articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation. Special attention is paid to the concept of confiscation of vehicles in accordance with paragraph “d” of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation, the procedure for its implementation, the necessary conditions and existing problems in law enforcement practice for its implementation. The legal norm fixed in paragraph “d” of Part 1 of Article 104 of the Criminal Code of the Russian Federation, in connection with the amendments adopted and entered into force on 07/14/2022, fixes the confiscation of a new type of property – a vehicle belonging to the accused provided for in Articles 261.1, 264.2 or 264.3 of the commented Code. Thus, the legislator took the path of tougher penalties for violation of traffic rules. It should be noted that this measure, on the one hand, contributes to the occurrence of real property losses for the guilty person, comparable to his wealth level.
Keywords: confiscation of vehicles, punishment of convicts under Articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation, seizure of vehicles in violation of traffic rules, property.
Bibliographic list of articles
1. Manya V. Confiscation in criminal and administrative law: some issues of legislative technology // Moldova. – 2014. – P. 266.
2. Kubov R. Kh. Types of confiscation of property in criminal legislation // Russian investigator. – 2007. – No. 23. – P. 12-18.
3. Mikhailov V. Confiscation in national and international criminal and criminal procedural law // Legislation. – 2007. – No. 3. – P. 71-78.
4. Vishnyak I. The harm caused by the crime must be compensated // Supervisory activity. Law and order. – 2015. – No. 3. – P. 23-27.
5. Shablinskaya D.V. Special confiscation in criminal law // Legal Journal. – 2007. – No. 2. – P. 34.
6. Samorodsky E. O., Biruk M. S. Automotive technical examination and investigative experiment are integral tools of the investigator in collecting grounds for initiating a criminal case on the grounds of a crime, as provided for by GOST. 264 of the Criminal Code of the Russian Federation // Eurasian Legal Journal. – 2023. – No. 3. – P. 290-293.
7. Appeal resolution of the Ulyanovsk Regional Court dated September 4, 2023 in case No. 22-1638/2023 // Ulyanovsk Regional Court. – [Electronic resource]. – Access mode: http://www.uloblsud.ru/index.php?option=3&id=90&idCard=108285.
CRIMINAL PROCEDURE
DYAKONOVA Viktoriya Viktorovna
Ph.D. in Law, associate professor of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University
ON THE SPECIAL ROLE OF PRINCIPLES IN CRIMINAL PROCEEDINGS AND THE IMPORTANCE OF THEIR SYSTEMATIZATION
This article examines issues related to the system of principles of criminal procedure, enshrined in Chapter 2 of the Code of Criminal Procedure of the Russian Federation, as well as their content. The issues of systematization of fundamental provisions, the attribution of legal provisions to the principles of criminal proceedings, the formulation of criteria of principles based on the concept of principle, respectively, the definition of the concept itself has not only theoretical but also practical significance. Judicial decisions, as well as all criminal proceedings, must comply with the normative provisions enshrined as principles. In addition, all prohibitions and restrictions established in the Code of Criminal Procedure of the Russian Federation should not contradict such provisions. In this regard, it is relevant to study issues related to the system of principles, the concept and content, observation and implementation of principles in both general and special procedures of criminal proceedings. Also, the issue of improving the list of principles of criminal proceedings is relevant by including other normative provisions in it as principles, based on their special significance for the entire criminal proceedings and the fulfillment of the purpose of criminal proceedings.
Keywords: principles of criminal procedure, system of principles, approaches to the concept of principle, signs of principle, analysis of the content of legal norms, compliance with the provisions fixed as principles, constitutional principles , sectoral principles, the importance of systematization of principles, the principle of abuse of procedural rights.
Bibliographic list of articles
1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2017 No. 51 “On the practice of applying legislation when considering criminal cases in the court of first instance (general procedure for legal proceedings)” / SPS “Consultant Plus”.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 5, 2006 No. 60 “On the use by courts of a special procedure for the trial of criminal cases” / ATP “Consultant Plus”.
3. Criminal procedure: a textbook for universities. Ed. V. P. Bozhyeva. 2nd ed. – M.: Spark, 2000. – P. 74.
4. Criminal procedural law of the Russian Federation: textbook / Rep. ed. P. A. Lupinskaya. – M.: Yurist, 2003. – P. 174.
5. Strogovich M. S. Course of the Soviet criminal process. – M., 1968. – T. 1. – P. 124.
6. Dobrovolskaya T. N. Principles of the Soviet criminal process. – M.: Legal. lit., 1971. – P. 10.
7. Vandyshev V.V. System of principles of new criminal proceedings // Current problems of law in Russia and the CIS countries – 2004. Materials of the VI International Scientific and Practical Conference dedicated to the 75th anniversary and memory of Professor Yu. D. Livshits. April 1-2, 2004 – Chelyabinsk: SUSU, 2004. – P. 107.
8. Mikhailovskaya I. B. Goals, functions and principles of Russian criminal proceedings (criminal procedural form). – M.: TK Welby, Prospekt Publishing House, 2003. – P. 110.
9. Bergel J.-L. General theory of law. – M., 2000. – P. 560.
10. Davydov P. M. Principles of the Soviet criminal process. – Sverdlovsk, 1971. – P. 3.
11. Mikhailovskaya I. B. Goals, functions and principles of Russian criminal proceedings (criminal procedural form). – M.: TK Welby, Prospekt Publishing House, 2003. – P. 117.
12. Ibid. – P. 117.
CRIMINAL PROCEDURE
EGOROV Alexander Yurjevich
Ph.D. in Law, associate professor of Judicial activities and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University
ADVERSARIAL PRINCIPLES WHEN EXAMINING THE TESTIMONY OF WITNESSES IN A TRIAL
The article discusses the testimony of a witness in a judicial investigation in criminal proceedings through direct interrogation and through the announcement of protocols of interrogations of witnesses carried out during the preliminary investigation, from the point of view of ensuring the adversarial nature of the criminal process and equality of the parties.
Keywords: adversarial process, equality of parties, judicial investigation, interrogation of a witness, announcement of interrogation protocols.
Bibliographic list of articles
1. Afanasyeva A. A. Problems of forming personal evidence in mixed criminal proceedings // Russian judge. – 2003. – No. 7.
2. Besedin G. E. Announcement of testimony of a witness, victim and defendant in criminal proceedings in Russia: history and modernity // Russian Judge. – 2003. – No. 7.
3. Mashovets A. O. Judicial investigation in criminal proceedings. – M.: Yurlitinform. 2016.
4. Criminal procedure: textbook / Ed. V. S. Balakshina, Yu. V. Kozubenko, A. D. Proshlyakova. – M.: InfotropikMedia, 2016.
5. Criminal procedure: a textbook for universities. 2nd ed. / Under general ed. A. V. Smirnova. – St. Petersburg: Peter, 2006.
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”
JUDICIAL DISCRETION AS A CRITERION FOR THE QUALITY OF CRIMINAL PROCEEDINGS
The article provides the main criteria of criminal proceedings that determine the quality of justice served. Compliance by law enforcement officials with these criteria increases public confidence in the judicial system. The correct and reasonable use of judicial discretion allows the judge to make fair decisions, the mechanism for making which is clear to all participants in the proceedings. Discretion permeates all stages of criminal proceedings, being in a strong relationship with the principles and criteria of judicial proceedings.
Keywords: judicial discretion, quality of justice, criteria oflegal proceedings.
Bibliographic list of articles
1. Abushenko D. B. Judicial discretion in civil and arbitration proceedings. M., 2002.
2. Azarov V. A., Becker T. A. Establishing the truth as the basis for preventing judicial errors in criminal proceedings: monograph. M.: Yurlitinform, 2019.
3. Barak A. Judicial discretion. M., 1999.
4. Vladimirov L. E. The doctrine of criminal evidence. Tula: Autograph, 2000.
5. Gadzhiev G. A. On the principle of proportionality and constitutional cassation. Judge. 2019. No. 7.
6. Galagan I. A., Vasilenko A. V. On the problems of the theory of law enforcement relations // State and Law. 1998. No. 3.
7. Gorevoy E. D. Internal judicial conviction in assessing evidence in criminal cases. M., 2008
8. Gracheva Yu. V. Judicial discretion in the implementation of criminal law norms: problems of lawmaking, theory and practice: abstract. dis. … Doctor of Law. Sci. M., 2011
9. Kant I. What does it mean to navigate in thinking? Per. with him. // Works. At 8t. M., 1994
10. Kvach A. For the analysis of judicial statistics, court sentences will be given // Legal Report June 11, 2019
11. Komissarov K.I. Judicial discretion in Soviet civil proceedings // Soviet state and law. 1969. No. 4.
12. Kornakova S.V., Shcherbakov V.A. Judicial discretion in criminal proceedings // Russian Judge. 2018. No. 10.
13. Kurnosova V.V. Mustyakimova N.R. Manifestation of judicial discretion in the legal systems of our time // Russian Judge. 2019
14. Levchenko O. V., Khuziakhmetov D. M. Limits of judicial discretion in criminal proceedings // Criminologist Library. 2012. No. 2.
15. Litvintseva N. Yu. Legality in criminal proceedings // Siberian criminal procedural and forensic readings. 2016. No. 6 (14)
16. Martyshkin V.N. Judicial discretion during suspended sentence, parole and reconciliation of the parties // Criminal process. 2008. No. 3.
17. Mikhailovskaya I. B. Evaluation of evidence. Criminal process / Ed. I. L. Petrukhina. M., 2001.
18. Novitsky V. A. Theory of Russian procedural proof and law enforcement. Stavropol, 2002.
19. Papkova O. A. Discretion of the court. M., 2005
20. Pokrovsky I. A. Basic problems of civil law. Petrograd. Law, 1917
21. Debate on the abstract of V.K. Sluchevsky. Minutes of meetings of the branches of the St. Petersburg Law Society // Journal of Civil and Criminal Law. 1880
22. Principles of modern Russian criminal proceedings. M., 2015
23. Rarog A.I. Judicial discretion in the application of criminal law // Bulletin of the Nizhny Novgorod University named after. N.I. Lobachevsky. 2003. No. 2
24. Rossinsky S. B. A few words about the purpose of proof in adversarial criminal proceedings // Russian justice. 2015. No. 10.
25. Sarsenov A. M. Judicial discretion in modern legal systems: Dis. … doc. Philosopher Sci. Astana, 2009
26. Judicial discretion in a situation of choice: possibilities and limitations // Judge. 2019. No. 7
27. Criminal process. Problem lectures / Under. ed. V. T. Tomina, I. A. Zinchenko. M.: Yurayt Publishing House, 2013
28. Criminal procedure: textbook / Ed. V. S. Balakshina, Yu. V. Kozubenko, A. D. Proshlyakova. M.: Infotropik Media, 2016
29. Cherdantsev A.F. Interpretation of law and agreement. M., 2003
30. Churyaev V. A. The importance of legal principles in the administration of justice // Judge. 2019. No. 9.
31. Senyakin N. N. Moral foundations of criminal justice in the Russian Federation. Saratov. Publishing house “Saratov State Academy of Law”, 2018.
CRIMINAL PROCEDURE
PRYS Evgeniy Vladimirovich
Ph.D. in Law, professor, professor of Criminal process and criminalistics sub-faculty of the Institute of the Academy of the FPS of Russia, Honored professor of the Academy of the FPS of Russia
GRISHKO Lyudmila Evgenjevna
Ph.D. in Law, associate professor
THE LEGAL STRUCTURE OF THE INSTITUTION OF EXECUTION OF THE SENTENCE AS THE MOST IMPORTANT ACT OF JUSTICE: THE PREREQUISITES FOR THE ORIGIN AND DEVELOPMENT, THE CURRENT STATE AND PROSPECTS FOR IMPROVEMENT
The relevance of the study is determined by the high social significance of the institution of execution of the sentence, in the process of which public opinion, authority and trust are formed not only to the court, but also to all public authorities. This is due to the fact that the execution of a sentence is the most important act of justice, which is based on the constitutional principles of criminal proceedings, representing a complex legal structure. The purpose of the work is a comprehensive study of the institution of execution of the sentence, determination of its effectiveness at each historical stage of development, identifiedation of errors in the structure of the institution, development of proposals for their elimination. To achieve this research goal, the author analyzed the domestic legislation of various years and the legislation of some foreign countries. I got acquainted with the scientific theory and the result of the empirical material of the Institute of execution of the sentence. The article reveals the role and defines the meaning of the terms.
Keywords: constitutional principles of criminal procedure legislation, court, criminal proceedings, justice, elements of legal competition, application practice, scientific doctrine, improvement of the institution, efficiency improvement.
Bibliographic list of articles:
1. Maltsev G.V. Revenge and retribution in ancient law: monograph. – M.: Norma, Infra-M, 2012. – 736 p.
2. Sverdlov M. B. From Russian Law to Russian Truth. – M.: “Legal Literature”, 1988. – 176 pp.
3. Tikhomirov M. N., Epifanov P. P. Cathedral Code of 1649. – M.: Publishing house Mosk. Univ., 1961.
4. Ryzhov D.V. Judicial reform of Peter I in the legislation of the Russian Empire at the beginning of the 13th century // Yurist-Pravoved. – 2017. – No. 3 (82). – pp. 11-16.
5. Lyakh T. A. The emergence and development of the stage of execution of a sentence in domestic criminal procedural law. – Text: immediate // Young scientist. – 2020. – No. 3 (293). – pp. 196-198.
6. Nikolyuk V.V. “Enforcement of a sentence”: a legal phantom or a current legislative structure // IV International Penitentiary Forum “Crime, Punishment, Correction” (to the 140th anniversary of the penal system of Russia, the 85th anniversary of the Academy of the Federal Penitentiary Service of Russia) : Sat. abstract Speeches and reports of participants (Ryazan, November 20-22, 2019): in 10 volumes – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2019. Vol. 1: Materials of the plenary meeting. – 2019. – pp. 88-94.
7. Burmagin S.V. Final and interim judicial decisions in the context of unity and differentiation of judicial proceedings in the criminal process. Current problems of Russian law. – 2019. – No. 9. – P. 97-105.
8. Zarechanskaya T.V. Legal structures in the Criminal Procedure Code of the Russian Federation. – Text: immediate // Young scientist. – 2021. – No. 40 (382). – pp. 100-102.
9. Skvortsova E. V. Problematic issues arising in the practice of courts during the execution of a sentence. – Text: immediate // Young scientist. – 2017. – No. 11 (145). – pp. 375-377.
10. Sumin A. A. The stage of execution of a sentence should not be present in the system of stages of criminal proceedings // Bulletin of Economic Security. – 2019. – No. 1. – P. 79-81.
CRIMINAL PROCEDURE
RAGIMHANOVA Kamilla Tagirovna
lecturer of Information law and Informatics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF CRIMES COMMITTED USING INFORMATION TECHNOLOGY
The article is devoted to the features of crimes committed using information technologies. In accordance with statistics from the Ministry of Internal Affairs of the Russian Federation, it has been revealed that one out of three crimes is committed using information technology. The most common methods of committing crimes using information technologies have been identified. Methods for detecting traces of unauthorized access to automated systems have been identified. Directions for increasing the efficiency of identifying crimes committed on network Internet resources, in places of network communication (social networks, forums, blogs, etc.), as well as network resources with a high potential for posting information of an illegal nature, have been identified.
Keywords: information technologies, computer crimes, traces of crimes in the field of use of information technologies, cybercrimes.
Bibliographic list of articles
1. Vekhov V. B. Fundamentals of forensic teaching on the study and use of computer information and monographs [Text]. – Volgograd: PA Ministry of Internal Affairs of Russia, 2008. – 408 p.
2. Kvyatkovsky K. S. Crimes in the field of computer information, computer crimes and cybercrime: the relationship of concepts // Young scientist. – 2022. – No. 42 (437). – pp. 108-112.
3. Lopatkin T. M., Antsiferova I. V. Features of cybercrime and cybersecurity in the Russian Federation // Challenges of modernity and strategies for the development of society in the conditions of a new reality. – 2023. – P. 180-185.
4. Fedotov N. N. Forensics – computer forensics [Text]. – M.: Legal World, 2007. – 432 p.
5. Shatalov A. S. Development of methodological foundations for investigating crimes committed with the help of computer and network technologies: problems, prospects and trends // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (32). – pp. 7-15.
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
FEATURES OF INSTITUTION OF CRIMINAL PROCEEDINGS WHEN DISCLOSING CRIMES AGAINST PROPERTY COMMITTED AT RAILWAY TRANSPORT INFRASTRUCTURE FACILITIES
The article discusses the problematic aspects of initiating a criminal case for the purpose of prompt disclosure and investigation of all possible forms of crime of other people’s property. An analysis of groups of crimes encroaching on private property at railway transport facilities was carried out. A set of actions necessary for the effective investigation of criminal cases of this category has been determined.
Keywords: criminal case, criminal code, railway transport infrastructure facilities, interaction, stages of investigation.
Bibliographic list of articles
1. Order of the Ministry of Internal Affairs of Russia dated March 28, 2015 No. 381 “On the organization of interaction of territorial bodies of the Ministry of Internal Affairs of Russia in railway, water and air transport with other territorial bodies of the Ministry of Internal Affairs of Russia and the delimitation of operational service facilities.”
2. Federal Law of the Russian Federation of August 12, 1995 No. 144-FZ “On operational investigative activities” // SZ RF. – 1995. – No. 33. – Art. 3349.
3. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on October 30, 2018) // Collection of legislation of the Russian Federation. – December 24, 2001. – No. 52 (Part I). – St. 4921.
4. Golovin A. Yu. Basic criminalistic classifications of crimes. 2013. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bazovye-kriminalisticheskie-klassifikatsii-prestupleniy.
5. Gribunov O. P. Theoretical foundations and applied aspects of the disclosure, investigation and prevention of crimes against property committed in transport: dissertation … Doctor of Law: 12.00.12. – Rostov-on-Don, 2016. – pp. 49-51.
6. Zhiryutin V.I. Forensic characteristics of crimes and causation // Current directions in the development of forensic methodology and investigative tactics: materials of the extended meeting of the Academic Council of the All-Union Institute for the Study of Causes and Development of Crime Prevention Measures. – M., 1978. – P. 61-65.
7. Korukhov Yu. G. The importance of forensic characteristics in an investigation // Information Bulletin. based on materials from the Forensic readings “Scientific validity of the forensic characteristics of a crime” of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2000. – No. 17. – P. 14-15.
8. Podolny N.A. Forensic classification of crimes as a means of optimizing the investigation // Criminologist Library. – 2013. – No. 3. – P. 18.
CRIMINAL PROCEDURE
SAFONOV Andrey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic support of expert research sub-faculty of the Educational and Scientific Complex of Forensic Science of the V. Ya. Kikot Moscow University of the MIA of Russia
PROKOPENKO Nadezhda Alexandrovich
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
SPECIFIC FEATURES OF CERTAIN INVESTIGATIVE ACTIONS AT THE INITIAL STAGE OF INVESTIGATION OF CYBERCRIME COMMITTED BY ORGANIZED GROUPS
This article examines selected investigative actions at the initial stage of cybercrime investigations, paying special attention to the challenges posed by the dynamic nature of electronic evidence. The analysis of normative legal acts emphasizes the need for international cooperation in the fight against cybercrime and suggests a strategic shift towards the involvement of information technology specialists in law enforcement agencies. The importance of creating specialized units and increasing the training of investigators to combat the transnational and rapidly evolving nature of cybercrime is highlighted. In addition, the article emphasizes the importance of computer forensics for the preservation of digital evidence. It emphasizes the urgent need to improve the skills of law enforcement officers and establish ongoing cooperation with IT specialists to ensure effective preservation of evidence and identification of remote access channels in the investigation of this type of crime.
Keywords: cybercrime, organized groups, investigative actions, initial stage of investigation, law enforcement agencies, crime detection and investigation, computer systems, electronic information, IT technologies.
Bibliographic list of articles
1. Shevko N. R. Features of detection and investigation of cybercrimes: problems and solutions // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – T. 1. – No. 1. – P. 13-16.
2. Bagmet A. M., Antonov O. Yu., Bychkov V. V. Forensic science. Textbook. In 3 parts. Part 2. Forensic tactics. – M.: Prospekt, 2020. – 240 p.
3. Kryukova N. I., Kosolapova N. V. Forensic science. Tutorial. – M.: Justice, 2019. – 618 p.
4. Kushnirenko S.P., Pristanskov V.D., Nizamov V.Yu. Forensic science. (Bachelor’s degree). Workshop. – M.: Justice, 2019. – 176 p.
5. Kazakova I. O., Kostenko T. A. On the issue of investigating cybercrimes in the Russian Federation // Student Bulletin. – 2019. – No. 22-2 (72). – pp. 98-99.
6. Berova D. M. Investigation of cybercrimes // Gaps in Russian legislation. – 2018. – No. 2. – P. 173-175.
7. Trofimov Z. O. Features of investigative actions at the initial stage of investigation of cybercrimes: domestic and foreign experience // Legal science. –2019. – No. 10. – P. 74-77.
8. Ishchenko E. P., Egorov N. N., Volokhova O. V. Forensics of the XXI century. Development strategy and tactics. Collective monograph / Ed. Ishchenko E. P. – M.: Prospekt, 2018. – 208 p.
CRIMINAL PROCEDURE
GRIGORJEV Anatoliy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
REPYAKH Anastasiya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
DMITRIEVA Alice Igorevna
student of the Far Eastern Federal University, Vladivostok
TIKAKHINA Tatyana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
KLOCHKO Irina Vadimovna
student of the Far Eastern Federal University, Vladivostok
IMPLEMENTATION OF PENAL ENFORCEMENT LEGISLATION IN THE RUSSIAN FEDERATION: ASSESSMENT OF PRACTICES AND REGULATIONS
This article deals with a thorough study of the penal enforcement legislation in the Russian Federation, with an emphasis on the conditions and nuances of serving a sentence through imprisonment. The study includes a detailed analysis of Articles 128 and 129 of the Penal Enforcement Code of the Russian Federation, as well as their relationship with the Criminal Code of the Russian Federation, with special attention to the classification and conditions of detention of convicts. Special attention is paid to the study of colony settlements, their importance in the penal system and conditions for convicts, taking into account their past criminal experience and behavior. The article also discusses aspects of social adaptation and rehabilitation of convicts, seeking to find a balance between humanizing the conditions of serving a sentence and maintaining public safety.
Keywords: Penal Enforcement Code of the Russian Federation, conditions of serving sentences, penal colonies, regulatory framework, reintegration of convicts, Criminal Code of the Russian Federation, correctional system.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // SZ RF. – 1996. – No. 25. – Art. 2954.
2. Order of the Ministry of Justice of the Russian Federation “On approval of the Instructions for sending to a colony-settlement those sentenced to imprisonment, in respect of whom the court has made a decision providing for the independent transfer of the convicted person to the place of serving the sentence” dated April 6, 2009 No. 102 // Bulletin of normative acts of federal executive bodies authorities. – 2009. – No. 15.
3. Criminal Executive Code of the Russian Federation of January 8, 1997 No. 1-FZ // SZ RF. – 1997. – No. 2. – Art. 198.
4. Kozachenko I. Ya., Detkov A. P. Criminal executive law 2nd ed.: textbook for universities. – Ekaterinburg: Yurayt, 2023. – 525 p.
5. Galeotti Mark. The Vory: Russia’s Super Mafia. – New Haven, CT: Yale University Press, 2018. – 344 p.
6. Hasegawa Tsuyoshi. Crime and punishment in The Russian revolution. – Cambridge, MA: Harvard University Press, 2017. – 368 p.
CRIMINAL PROCEDURE
GRITSENKO Nikita Sergeevich
postgraduate student of the Institute of Law of the Siberian Federal University, Krasnoyarsk
DETERMINANTS OF FINAL DECISION-MAKING BY A PANEL OF JUDGES AND JURY IN CRIMINAL PROCEEDINGS
Based on the analysis of criminal procedure legislation, law enforcement practice and scientific literature, the article identifies the following groups of factors (determinants) that influence decision-making in the collegial administration of justice in criminal cases: 1) procedural; 2) administrative; 3) psychological. The author identifies the relevant problems of determining the final decisions taken by the court in collegiateal composition in the administration of justice in criminal cases, and suggests some ways to solve them.
Keywords: determinants (factors) of the verdict, verdict, collegiality, criminal proceedings, professional judges, jurors
Bibliographic list of articles
1. Engalychev V.F., Beloded D.R., Minenko I.F. Psychological context of the jury’s assessment of possible unlawful acts of the defendant // Applied legal psychology. 2021. No. 1 (54). pp. 19-23.
2. Vorotyntseva A. A. et al. History of Russian justice: textbook. a manual for university students studying in the specialty “Jurisprudence” / Ed. N. A. Kolokolova. M.: UNITY-DANA: Law and Law, 2009. 448 p.
3. Kolokolov N. A. Distribution, redistribution of cases in multi-compartment courts: some problems of legal regulation // Russian Judge. 2004. No. 10. P. 4-12.
4. Lykov D. A. Collegial professional consideration of criminal cases: essence and features // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2021. No. 4 (59). pp. 107-112.
5. Osintsev D.V., Domchenko A.S. Ontology of the creational legal process // Russian judge. 2018. No. 12. pp. 11-15.
6. Pichugin V. G. The problem of psychological influence on jurors // Medicine. Sociology. Philosophy. Applied research. 2019. No. 1. P. 159-162
7. Reshetova N. Yu. Psychological aspects of maintaining the prosecution in court with the participation of jurors // Psychological features of participants in criminal proceedings: collection. scientific tr. / Ed. O. D. Sitkovskaya; University of the Prosecutor’s Office of Russia. Federation. M., 2018. pp. 61-73.
8. Tyrichev I.V. Principles of the Soviet criminal process: textbook. allowance / Answer. ed. M. S. Dyachenko. M.: Legal. lit., 1983. 80 p.
9. Yakimovich Yu. K. Election of judges and collegiality of consideration of criminal cases in the Russian Empire, the USSR and the Russian Federation; jury trial or court of sheffens? // Criminal justice. 2014. No. 2 (4). pp. 29-33.
CRIMINAL PROCEDURE
DAURBEKOVA Iman Yaragievna
magister student of the 3rd course of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
YUSUPKADIEVA Sadikat Nurmagomedgadzhievna
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
HISTORICAL BACKGROUND FOR THE FORMATION AND FEATURES OF THE DEVELOPMENT OF THE INSTITUTION OF REOPENING CRIMINAL PROCEEDINGS DUE TO NEW OR NEWLY DISCOVERED CIRCUMSTANCES
In the article, the authors examine the historical background for the formation and features of the development of the institution of resuming criminal proceedings in view of new or newly discovered circumstances in Russia. The institution of reopening criminal proceedings due to new or newly discovered circumstances is an important element of the criminal procedural system of the Russian Federation. The development of this institution in Russia is closely connected with historical and legal changes, as well as with the constant desire to ensure justice and protect the rights of citizens. This institution has a long history, starting with the formation of criminal procedural structures in the country.
Keywords: resumption of criminal proceedings, new circumstances, newly discovered circumstances, exceptional stage of the criminal process, criminal proceedings, prosecutor.
Bibliographic list of articles
1. Vedishchev N.P. Resumption of criminal proceedings due to new or newly discovered circumstances. – M.: Yurlitinform, 2003.
2. Davydov V. A. Resumption of criminal proceedings due to new or newly discovered circumstances: Abstract of a dissertation for the degree of Doctor of Law. – M., 2011.
3. Davydov V. A. Resumption of criminal proceedings due to new or newly discovered circumstances: theory and practice of correcting judicial errors. – M.: Yurayt, 2011.
4. Pisarev A.V. Criminal procedure: a textbook for universities / Ed. B. B. Bulatova, A. M. Baranova. – M.: Yurayt, 2019.
CRIMINAL PROCEDURE
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
IZOTOVA Ekaterina Alexeevna
student of the Far Eastern Federal University, Vladivostok
ZHUK Konstantin Denisovich
student of the Far Eastern Federal University, Vladivostok
FROLOV Vladimir Alexandrovich
student of the Far Eastern Federal University, Vladivostok
VYRDYLINA Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DISCRETION IN THE EVALUATION OF EVIDENCE: ANALYSIS OF THE INFLUENCE OF THE DEFENSE IN CRIMINAL PROCEEDINGS IN RUSSIA
This article is an analytical review devoted to the issues of the discretionary powers of the bar in the context of evaluating evidence in the criminal proceedings of the Russian Federation. Based on the analysis of normative acts, including the Criminal Procedure Code of the Russian Federation and the Law on Advocacy, the article explores how expanded protection opportunities affect the fairness and objectivity of court decisions. The role of the concept of “conscience” in the evaluation of evidence, as well as the relationship between departmental interests and the legality of the process, is considered. Particular attention is paid to the impact of discretion on the balance between the rights of the defense and the duties aimed at ensuring a fair trial.
Keywords: criminal proceedings, discretion in the assessment of evidence, protection in criminal proceedings, legality of court decisions, the Code of Criminal Procedure of the Russian Federation, advocacy, justice in justice, departmental interests , the concept of conscience in law.
Bibliographic list of articles
1. Verenich I.V., Kustov A.M., Proshin V.M. Forensic theory of the mechanism of crime: monograph under scientific. ed. honorable Lawyer of the Russian Federation Dr. legal Sciences A. M. Kustova. – M.: Yurlitinform, 2014. – 640 pp.
2. Sub. 3 p. 4 art. 6 of the Law “On advocacy and the legal profession in the Russian Federation” dated May 31, 2002 No. 63-FZ.
3. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on April 24, 2020).
4. Constitution of the Russian Federation of December 12, 1993 (including amendments dated March 14, 2020 No. 1-FKZ).
5. Solomon P. H. (2005) ‘The criminal procedure code of 2001: will it make Russian justice more fair?’ in Ruling Russia: Law, Crime and Justice in a Changing Society, Pridemore, W. (ed.). Lanham: Rowan and Littlefield, 77-100.
6. Carsten Stahn. A Critical Introduction to International Criminal Law. Cambridge University Press (2018).
CRIMINAL PROCEDURE
KLOCHKO Irina Vadimovna
student of the Far Eastern Federal University, Vladivostok
GRIGORJEV Anatoliy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
DMITRIEVA Alice Igorevna
student of the Far Eastern Federal University, Vladivostok
TIKAKHINA Tatyana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
REPYAKH Anastasiya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
INVESTIGATION OF FALSIFICATION OF OWNERS’ DECISIONS IN APARTMENT BUILDINGS IN RUSSIA
This article presents an in-depth analysis of the falsification of owners’ decisions in apartment buildings in Russia, focusing on the legal, social and economic aspects of this complex problem. The factors contributing to such actions, including legal gaps and difficulties in proving, are being investigated. The article discusses modern methods of combating such violations, including strengthening the legislative framework and the use of new technologies, as well as suggests strategies to improve law enforcement and public control.
Keywords: falsification of decisions, apartment owners, apartment buildings, legal shortcomings, investigative methods, judicial practice, legislative regulation, technological innovations, public control.
Bibliographic list of articles
1. Georgy Malginov, Alexander Radygin, 2021. “State property management in Russia in 2020,” Publications, Gaidar Institute for Economic Policy, revised 2021.
2. Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended on November 21, 2022). – [Electronic resource]. – Access mode: SPS ConsultantPlus.
3. Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ. Part one (ed. dated April 16, 2022). – [Electronic resource]. – Access mode: SPS ConsultantPlus.
4. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 29, 2022). – [Electronic resource]. – Access mode: SPS ConsultantPlus.
5. Federal Law No. 176-FZ dated June 29, 2015 (as amended on December 30, 2021) “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation.”
6. Tyunin V.I. On the issue of liability for the use of a knowingly forged document (Part 3 of Article 327 of the Criminal Code of the Russian Federation) // Criminal Law. – 2019. – No. 4. – P. 103–110.
7. Tyutyunik R.N., Kovyazin M.D., Mazurov D.A. Combating crimes, p.related to the falsification of minutes of the general meeting of owners of apartment buildings // Legality. – 2022. – No. 4.
8. Fraud: A Growing Threat to the Property Management Industry. – National Apartment Association, 2021.
CRIMINAL PROCEDURE
PROVATKINA Valeria Evgenjevna
student of the Law School of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Law School of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
HUMANIZATION OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION
The article is an extensive study aimed at analyzing and arguing for the urgent need for changes in criminal proceedings in order to give them more humane, fair and effective characteristics. The authors of the article emphasize that in conditions of constant dynamics of legal norms and the public context, the procedures of criminal investigation and judicial proceedings may face formalism, bureaucracy and insufficient attention to the rights of defendants. The article examines the key problems faced by the judicial system in the context of the humanization of the criminal process. Analytical reviews of international experience and modern human rights requirements in the context of criminal proceedings are offered. The authors also provide possible solutions to the identified problems based on the principles of humanism and human rights protection.
Keywords: criminal proceedings, humanization, accused, defendant, Criminal Procedure Code of the Russian Federation, human rights and freedoms, equality.
Bibliographic list of articles:
1. Prokofieva S. M. Humanization of criminal proceedings: abstract of thesis. Doctor of Law: 12.00.09. – St. Petersburg, 2002. – 42 p.
2. Antonov I. A. Moral and legal principles of criminal procedural activity: Theoretical ideas and law enforcement practice: abstract of thesis. … Doctor of Law: 12.00.09. – St. Petersburg, 2005. – 45 p.
3. Kurakina Yu. V. Sociocultural aspects and human rights in the context of globalization // Rights and freedoms of man and citizen: theoretical aspects and legal practice: Materials of the annual scientific conference in memory of Professor Felix Mikhailovich Rudinsky on April 25, 2013. – M.: APKiPPRO, 2013. – 404 p.
4. Ilyin I. A. Collected Works. Volume two. Book 1. – M.: Russian Book, 1993. – 398 p.
5. Zoloev A. T. Implementation of the principle of humanism in criminal law // Legal fact. – 2019. – No. 55. – P. 43-45.
6. Latypova E. Yu., Nechaeva E. V. Controversial issues of the content of the principle of humanism in criminal law // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (37). – pp. 355-360.
7. Musaev M. A. The principle of humanism in the implementation of legal responsibility and ensuring respect for the rights and freedoms of man and citizen // Legal science: history and modernity. – 2016. – No. 5. – P. 37-45.
CRIMINAL PRINCIPAL LAW
ASADOV Vatan Vagifovich
Ph.D. in Law, associate professor of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of convicts from society sub-faculty of the Pskov branch of the FPS University of Russia
SHAMSUDINOV Islam Validovich
cadet of the Pskov Branch of the FPS University of Russia
ON THE PROBLEM OF ENSURING THE SAFETY OF EMPLOYEES OF PENAL ENFORCEMENT INSPECTIONS
The article justifies the importance and relevance of studying the problem of ensuring the safety of employees of penitentiary inspections. Based on the results of the study (selective survey of employees of penitentiary inspections), the authors formulated the main threats to the safety of employees. In addition, the authors identify the key factors for ensuring the safety of employees of penitentiary inspections and consistently consider them. The authors of the article pay special attention to the analysis of the criminogenic composition of convicts registered with the penitentiary inspections as one of the factors affecting the safety of employees.
Keywords: penal enforcement inspectorate, an employee of the penal enforcement inspectorate, a convict who is registered with penal enforcement inspections, security.
Bibliographic list of articles
1. Vasiliev F. P. Issues of improving the prevention and prevention of crimes among minors at the present stage // Goals and means of criminal and penal policy in relation tominors: Sat. materials international scientific-practical conf. (Vologda, November 26-27, 2009): at 2 o’clock – Vologda, 2009.
2. Review of the results of the activities of penal inspections in 2022. – M.: FSIN of Russia, 2023.
3. Shamsunov S. Kh, Smirnova Yu. A. On the safety of employees of penal inspections // Law and Law. – 2012. – No. 6. – P. 100.
CRIMINAL PRINCIPAL LAW
DIKAEVA Elina Salmanovna
lecturer of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
PRIORITY DIRECTIONS OF THE INTERNAL AFFAIRS BODIES IN THE PREVENTION OF CRIME OF THOSE CONDITIONALLY RELEASED FROM SERVING A SENTENCE OF IMPRISONMENT
The article is devoted to the problems of ensuring the effectiveness of the activities of the internal affairs bodies for the prevention of crime of those conditionally released from serving a sentence of imprisonment. The prospects for the formation and organization of the effective functioning of the national probation service from 2024 require the development of a special legislative framework for the activities of bodies (institutions) and organizations that are authorized to implement the probation function on the basis of constant interdepartmental interaction and organizational and managerial transformations. It is proposed to adopt a new joint order of the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia on interdepartmental cooperation on crime prevention of persons conditionally released from serving a sentence of imprisonment.
Keywords: prevention, parole, interdepartmental cooperation, the bodies of interior, imprisonment.
Bibliographic list of articles
1. Mayorova S. A. Basic principles and forms of interaction between the police and government agencies in the field of protecting public order and ensuring public safety // Bulletin of the Vladimir Law Institute. 2016. No. 1 (38). pp. 84-89.
2. Order of the Ministry of Justice of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation dated October 4, 2012 No. 190/912 (as amended on January 26, 2017) “On approval of the Regulations for interaction between the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia to prevent the commission of crimes and other offenses” // Rossiyskaya Gazeta. 2012. 26 Oct.
3. Order of the Ministry of Internal Affairs of Russia dated August 24, 2023 No. 619 “On some organizational issues of the activities of the internal affairs bodies of the Russian Federation in crime prevention” // ConsultantPlus.
4. Order of the Ministry of Justice of Russia dated May 20, 2009 No. 142 (as amended on August 22, 2014) “On approval of the Instructions for organizing the execution of punishments and measures of a criminal legal nature without isolation from society” // Rossiyskaya Gazeta. 2009. August 14.
5. Order No. 184/203 dated April 6, 2017 On approval of the Regulations on the interaction of the Main Directorate of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region with the Federal Penitentiary Service of Russia for St. Petersburg and the Leningrad Region on issues of monitoring persons convicted conditionally and to types of punishment not related to imprisonment.
6. An interdepartmental operational and preventive operation “Special Contingent” is taking place in Kalmykia. [Electronic resource]. – Access mode: https://08.fsin.gov.ru/news/detail.php? element (accessed December 20, 2022).
7. Order of the Ministry of Labor and Social Protection of the Russian Federation dated October 27, 2023 No. 779n “On approval of a standard agreement on the interaction of institutions executing punishments in the form of forced labor or imprisonment, and penal inspections with employment service bodies when carrying out activities in the field post-penitentiary probation”. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202310310013 (access date 12/15/2023).
8. Decree of the Government of the Russian Federation dated July 19, 2012 No. 728 (as amended on March 13, 2017) “On the procedure for interaction between the Ministry of Internal Affairs of the Russian Federation and the Federal Penitentiary Service in the implementation of international treaties of the Russian Federation on readmission” (together with the “Rules for interaction of the Ministry of Internal Affairs Affairs of the Russian Federation and the Federal Penitentiary Service in the implementation of international treaties of the Russian Federation on readmission”) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access – 03/17/2022).
9. Passport of the priority program “Reform of control and supervisory activities”, approved by the protocol of the Presidium of the Council under the President of the Russian Federation for Strategic Development and Priority Projects dated December 21, 2016 No. 12 (as amended on March 29, 2018). [Electronic resource]. – Access mode: https://base.garant.ru/71682144 (date of access: 12/20/2022).
10. Fesko D. S. Administrative and legal guarantees of the rights of citizens and organizations in the implementationon state control (supervision): dis. …cand. legal Sci. 12.00.14. Nizhny Novgorod, 2021. P. 171.
CRIMINAL PROCEEDING
MASHOVETS Asiya Okeanovna
Ural State Law University, Ekaterinburg
PROSHLYAKOV Aleksey Dmitrievich
South Ural State Law University, Chelyabinsk
REHABILITATION WITHOUT ACQUITTAL
The article discusses the issue of compensation for harm caused as a result of erroneous classification of the actions of the defendant and the termination of criminal prosecution in court regarding an unconfirmed accusation. The basis for recognition of the right to rehabilitation is, as a rule, an acquittal by the court or the termination of criminal prosecution due to the refusal of the state prosecutor to charge. Judicial practice recognizes the possibility of rehabilitation upon termination of criminal prosecution on part of the charge while simultaneously finding the person guilty of committing another crime. The authors draw attention to the need to improve the rehabilitation mechanism when reclassifying the defendant’s actions in court when excluding the independent accusation brought against him from the scope of the charge.
Keywords: rehabilitation, partial rehabilitation, acquittal, criminal prosecution, independent accusation, necessary defense.
Bibliographic list of articles
1. Kuznetsova A. D. Partial rehabilitation: legislative reinforcement and law enforcement practice // Russian Judge. 2021. No. 5. P. 12-16.
2. Shiplyuk V. A. The circle of persons entitled to rehabilitation in accordance with Chapter 18 of the Code of Criminal Procedure of the Russian Federation (definition problems) // Criminologist. 2013. No. 1 (12). pp. 37-42.
JUDICIAL PROCEEDINGS
GALITSKAYA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
MINACHEV German Rinatovich
magister student of the Far Eastern Federal University, Vladivostok
GERASHCHENKO Nikita Arturovich
magister student of the Far Eastern Federal University, Vladivostok
LYASHEVA Alyona Anatoljevna
student of the Far Eastern Federal University, Vladivostok
POPOVA Valeriya Konstantinovna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF THE DEVELOPMENT OF LEGAL NORMS OF ENFORCEMENT PROCEEDINGS IN THE RUSSIAN EMPIRE
This paper presents a comprehensive analysis of the evolution of the legal norms of enforcement proceedings in the Russian Empire, starting from the era of Peter the Great and up to the reign of Catherine the Great. The study delves into the historical aspects of these transformations, noting the importance of reforms and their impact on the status of persons involved in enforcement proceedings. Special attention is paid to the analysis of key changes aimed at improving the processes of property penalties and the introduction of a balance between rights and obligations. The introduction of bailiff positions and their role in the legal system is considered, as well as an analytical comparison with international practices is carried out, revealing the distinctive features of Russian jurisdiction.
Keywords: development of legal norms, enforcement proceedings, history of Russian law, reforms of Peter the Great, legal innovations of the Catherine era, bailiffs, balance of rights and obligations, the Russian Empire, comparative analysis of legal systems.
Bibliographic list of articles
1. Petition from the bailiff of the Tobolsk Consistory Afanasy Serebrennikov to make his son Mikhail Serebrennikov a sexton // F-I 156. – Op-2. – D. 1517. – P. 23.
2. The case at the request of the son of the retired police officer A. Scriabin to assign him to the Tobolsk spiritual consistory as a watchman // F-I 156. – Op. 7. – D. 2067.
3. Decree of the Tobolsk spiritual consistory on the release of bailiff Fyodor Ushakov to the Dalmatov Assumption Monastery for work // F-I 156. – Op. 3. – D. 73.
4. Personal decree of March 5, 1711 “On the procedure for meetings and office work in the government senate and on the position of chief fiscal // PSZ RI-1. – T. IV. – No. 2319.
5. Brief depiction of processes or litigation // Russian legislation of the 10th–20th centuries: In 9 volumes. Volume 4. Legislation during the formation of absolutism. – M.: Legal literature, 1986. – P. 404-450.
JUDICIAL PROCEEDINGS
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of Samara State University of Economics
KITAEVA Alina Vladimirovna
Ph.D. in Law, associate professor, associate professor of Professional disciplines sub-faculty of the Faculty of Training of State and Municipal Employees of the Samara Law Institute of the FPS of Russia
DAVLETOV Ruslan Railevich
postgraduate student of Theory of law and public law disciplines sub-faculty of the Institute of Law of Samara State University of Economics
GUBAREVA Elena Nikolaevna
student of the 5th course of the Institute of Law of the Samara State University of Economics
ON COMBATING CORRUPTION IN THE DOMESTIC JUDICIAL SYSTEM
Corruption in public authorities is a problem of national security of the state, it affects all spheres of society and is directly related to the trust of citizens in public authorities. Therefore, the fight against this type of corruption is among the priorities of the state to prevent state threats. The article examines the determinants of corruption in the judicial system and the regulatory regulation of the fight against corruption. Statistical data are provided, international anti-corruption cooperation and the approach of the domestic legislator to this problem are investigated.
Keywords: national security, public authorities, judicial system, corruption.
Bibliographic list of articles
1. On anti-corruption: Federal Law No. 273-FZ dated December 25, 2008 (as amended on July 10, 2023) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 10/30/2023).
2. On the status of judges in the Russian Federation: Law of the Russian Federation dated June 26, 1992 No. 3132-I (as amended on July 10, 2023) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 10/30/2023).
3. Model code of ethics and official conduct of civil servants of the Russian Federation and municipal employees: approved by the decision of the presidium of the Council under the President of the Russian Federation for combating corruption dated December 23, 2010 (protocol No. 21) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 10/30/2023).
4. Perception of corruption by the population: current trends, data from VTsIOM surveys / Survey data based on the probabilistic all-Russian Internet panel “VTsIOM-online” and all-Russian telephone public opinion polls “Sputnik”. [Electronic resource]. – Access mode: https://sociodigger.ru/fileadmin/user_upload/2021_10_anti-korrupcia/2021-10_Diagr.pdf_, https://wciom.ru/analytical-reviews/analiticheskii-obzor/korrupcziya-v-rossii-monitoring ( access date: 10/30/2023)
5. Report on the implementation by the Russian Federation of GRECO recommendations within the framework of the fourth round of assessment, dedicated to the topic of preventing corruption in relation to parliamentarians, judges and prosecutors. [Electronic resource]. – Access mode: https://anticor.hse.ru/main/news_page/opublikovan_otchet_o_vypolnenii_rossiey_rekomendatsiy_greko_(access date: 10/30/2023).
6. The capital’s judges did not dare to report their real estate. [Electronic resource]. – Access mode: http://www.yurclub.ru/yur-news/?_(date of access: 10.30.2023).
JUDICIAL PROCEEDINGS
LYASHEVA Alyona Anatoljevna
student of the Far Eastern Federal University, Vladivostok
GALITSKAYA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
MINACHEV German Rinatovich
magister student of the Far Eastern Federal University, Vladivostok
POPOVA Valeriya Konstantinovna
student of the Far Eastern Federal University, Vladivostok
GERASHCHENKO Nikita Arturovich
magister student of the Far Eastern Federal University, Vladivostok
THE ERA OF DIGITAL INNOVATION IN THE JUDICIAL SYSTEM
This article explores the process of digital transformation in the judicial system of the Russian Federation, emphasizing its role in the modern era and as part of the global movement towards digital innovation. She describes the key aspects and stages of the introduction of information and communication technologies in court proceedings, including the early applications of videoconferencing in court proceedings and legislative efforts to simplify procedures through digital documents and online court sessions. The article also highlights how digitalization contributes to improving the accessibility, openness and efficiency of legal proceedings, as well as addresses challenges in the field of cybersecurity and personal data protection.
Keywords: digital innovation, the judicial system of the Russian Federation, information technology, video conferenceing, digital documents, legal reforms, accessibility of the judicial process, transparency of proceedings, cybersecurity.
Bibliographic list of articles
1. Grigoriev V. N., Pobedkin A. V. Digital technologies in criminal proceedings as a means of developing the criminal procedural form. In the collection: Current issues of preliminary investigation: theory and practice. // Materials of the All-Russian Scientific and Practical Conference. – 2019. – pp. 74–83.
2. Voskobitova L. A. Criminal proceedings and digital technologies: compatibility problems // Journal: JUS CRIMINALE. – 2019. – No. 5. – P. 91–104.
3. Kozlova E. I., Kutafin O. E. Electronic justice: problems of theory and practice. – Moscow: Statute, 2019.
4. Cherdantsev A.F. Information technologies in the mechanism of law enforcement. – Moscow: Yurlitinform, 2018.
5. Melnikov V.P. Use of information technologies in the arbitration process. – Moscow: Yurlitinform, 2021.
6. Safaryan S. Yu. Issues of digitalization in the activities of courts of general jurisdiction // Journal “State and Law”. – 2020.
CRIMINALISTICS
VESYOLIN Vasiliy Vladimirovich
senior lecture chair of Criminalistic techniques sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities of the Volgograd Academy of the MIA of Russia
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
SOME PROBLEMATIC ASPECTS OF THE ORGANIZATION OF THE FUNCTIONING OF BALLISTIC RECORDS IN ORDER TO UNCOVER AND INVESTIGATE CRIMES
The article examines some problematic issues of organizing ballistic records in the system of expert and forensic units of the Ministry of Internal Affairs of Russia, and suggests possible solutions to them, allowing to increase the efficiency of technical and forensic support for the detection and investigation of crimes committed with the use of firearms.
Keywords: bullet cartridge collection, automated ballistic identification system, traces of the use of firearms, clones of spent bullets and cartridges, forensic units.
Bibliographic list of articles
1. Gordeev V.F., Ryzhikov D.A. Scientific and technical support for the detection and investigation of crimes // Special forensic technology: collection. reports of the international Scientific. pract. conf. – M., 2017. – pp. 22-24.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PROBLEMS OF DESCRIBING A PERSON’S APPEARANCE IN CRIMINOLOGY
In criminology, one of the main tasks is to determine a person’s appearance based on available data and evidence. However, the problem of describing appearance is becoming more complex and relevant in the light of modern technologies and information manipulation capabilities. In this article, we will look at one of the branches of criminology – habitoscopy, consider some of the problems that specialists face when describing a person’s appearance. We will also describe the main anatomical and functional characteristics of the description of a person.
Keywords: description of appearance; signs of appearance; elements of appearance; identification; habitoscopy; verbal portrait; forensic portrait; identification of a person; appearance of a person.
Bibliographic list of articles
1. Toporkov A. A., Verbal portrait: A practical guide. — M.: Yurist, 1999.
2. Verbal portrait. Signs of describing a person’s appearance. [Electronic resource]. – Access mode: https://studfile.net/preview/9467835/page:19/ (access date: 12/10/23).
3. Snetkov V. A., Vinnichenko I. F., Zhitnikov V. S., Zinin A. M., Ovsyannikova M. N. Forensic description of human appearance: textbook. allowance / Under. ed. V. A. Snetkova. – M.: All-Russian Research Institute of the Ministry of Internal Affairs of the USSR, 1984.
4. Zinin A. M. Identification of personality by appearance (some problematic issues) // Criminal process and criminology at the turn of the century. Academy of Management of the Ministry of Internal Affairs of the Russian Federation. – 2000.
CRIMINALISTICS
MUSALAEVA Zubeida Burakovna
postgraduate student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
YUSUPKADIEVA Sadikat Nurmagomedgadzhievna
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THEORETICAL PROVISIONS OF FORENSIC COMPUTER-TECHNICAL EXAMINATION
The active development of information technology in human everyday life has led to the simultaneous emergence of cybercrime. Forensic computer-technical examination has now become of great relevance as a separate type of engineering and technical examination, which is carried out to assist in the detection and investigation of crimes committed in the digital space. The article discusses the main theoretical principles of forensic computer technical expertise (FCTE), in particular its concept, essence, subject, objects, tasks, goals, and also analyzes the main types of SCTE.
Keywords: forensic examination, criminology, forensic computer forensics, cybercrime.
Bibliographic list of articles
1. Sabelnikova M. A., Abdrakhmanova G. I., Gokhberg L. M., Dudorova O. Yu. et al. Information society in the Russian Federation: statistical collection / Rosstat; National research University “Higher School of Economics”. – M.: National Research University Higher School of Economics, 2018. – P. 13.
2. Statistical collection “State of crime in Russia for January – September 2020” // General Prosecutor’s Office of the Russian Federation. – M., 2020. – pp. 6-7.
3. Statistical collection “The state of crime in Russia for January-December 2015” // FKU GIAC of the Ministry of Internal Affairs of the Russian Federation. – M., 2016.
4. Zubakha V. S., Usov A. I., Saenko G. V., Volkov G. A., Bely S. L., Semikalenova A. I. General provisions for the purpose and production of computer technical expertise: Methodological recommendations. – M.: GU EKTs MIA of Russia, 2000. – P. 25.
5. Shelupanov A. A., Smolina A. R. Forensika. Theory and practice of cybercrime investigation. – M.: Hotline – Telecom, 2020. – P. 13.
6. Semikalenova A. I. Modern problems of determining the object of forensic computer-technical examination // Journal Bulletin of the University named after O. E. Kutafin (MSAL). – 2018. – No. 7 (47). – pp. 111-115.
7. Rossinskaya E. R., Galyashina E. I. Judge’s handbook: forensic examination. – M.: Prospekt, 2023. – P. 378.
8. Andreev B.V., Pak P.N., Horst V.N. Investigation of crimes in the field of computer information. – M.: Yurlitinform, 2001. – P. 65.
9. Rossinskaya E. R., Usov A. I. Forensic computer-technical examination. – M., 2001. – P. 121.
CRIMINALISTICS
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor of Criminalistics 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
FEATURES OF THE INVESTIGATION OF CRIMINAL CASES RELATED TO THE ILLEGAL SALE OF NARCOTIC DRUGS REMOTELY
The authors have attempted to highlight problematic issues of a criminal and criminal procedural nature arising from the investigation of criminal cases related to the illegal sale of narcotic drugs remotely. Typical situations that arise when documenting the illegal activities of an organized group specializing in the illicit trafficking of narcotic drugs using caches are shown. The peculiarity of this type of crime is that they are committed conspiratorially, the participants act through the Internet using anonymous nicknames. The qualification of such acts, the formation of the evidence base is a certain difficulty.
Keywords: organized group, remote way of selling narcotic drugs, conspiracy techniques, use of the Internet, hiding places for bookmarks.
Bibliographic list of articles
1. Korovin N.K. Features of the investigation of illegal drug trafficking using the Internet // International scientific research journal. – 2018. – No. 10-2 (76). – pp. 65-67.
2. Afzaletdinova G. Kh. On the issue of the peculiarities of sales of narcotic drugs and psychotropic substances by an organized group // Society, law, statehood: retrospective and perspective. – 2020. – No. 1. – P. 42-47.
3. Garmanov V. M. Criminal legal assessment of the sale of narcotic drugs, psychotropic substances or their analogues as a single ongoing crime or a set of crimes // Scientific portal of the Ministry of Internal Affairs of Russia. – 2010. – No. 1. – P. 95-100.
4. Erokhin D.V. Some problems of qualification of crimes in the sphere of illegal drug trafficking // Siberian Legal Review. – 2019. – No. 16 (1). – P. 96-102.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006. No. 14 “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances.”
6. Vlasov P. E. Aktuapersonal problems of qualification and investigation of illegal drug trafficking. – M., 2023. – P. 37.
CRIMINALISTICS
OBUKHOV Igor Anatoljevich
Ph.D. in Law, associate professor of Criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
THE USE OF FORENSIC KNOWLEDGE BY DISTRICT POLICE OFFICERS IN THE PREVENTION OF CRIMES OF A TERRORIST NATURE
The article highlights the importance of the work of district police commissioners in the prevention of terrorist crimes. The data on the number of terrorist crimes prevented by law enforcement agencies are given. Attention is focused on the knowledge of the precinct police commissioners of the criminalistic features of the formation of traces indicating the preparation, commission and concealment of traces of crimes. It is pointed out that there are a variety of terrorist crimes that create a wide range of forensic features. The knowledge of the signs of the considered category of crimes by the district police officers is an integral part of their preventive activities. The article also points out the importance of the interaction of district police officers with other services and departments.
Keywords: prevention of terrorist crimes, maintenance of public order and security in the serviced administrative area.
Article bibliographic list
1. Obukhov I. A., Kim D. V. Features of the investigation of crimes of a terrorist nature under the conditions of the legal regime of the counter-terrorist operation: monograph. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2021. – 188 pp.
2. Loginova N. G., Sudnitsyn A. B., Abramova L. L. Interaction of the investigator with the bodies of inquiry: legislative regulation and law enforcement practice: textbook. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2021. – 104 p.
3. Forensic tactics: educational and practical guide / D. L. Kokorin [et al.]. – Ekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – 78 p.
SAFETY AND LAW
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, senior lecturer of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
ABRAMOV Ivan Romanovich
student of the “Information security” training course of the Institute of History and Public Administration of the Ufa University of Science and Technology
SIBAGATULLINA Razilya Munavarovna
Associate Professor of the Department of Economic and Legal Security of the Institute of History and Public Administration of the Ufa University of Science and Technology
INFORMATION SECURITY AND CULTURE IN THE DIGITAL ECONOMY
The relevance of the study lies in the fact that information security, ensuring compliance with technical requirements and standards forms an independent cultural environment of the IT infrastructure of the digital environment, which requires independent research. The object of research is the digital economy. The subject of the study is the cultural environment within the framework of ensuring the security of IT infrastructure. The purpose of the study is to meaningfully consider information security and culture as integral elements of a sustainable IT infrastructure. The article argues that the true significance of this issue is that simply implementing the appropriate tools alone does not provide complete security without a proactive culture that scales adoption, controls, and regularly improves information security. The article examines how organizations form a culture primarily aimed at compliance with information security requirements in IT and how at the same time an understanding is formed that information security and culture are inevitable elements of modern IT infrastructure. This article highlights five main characteristics of organizations whose culture is institutionalized and which form an effective cultural environment of modern IT infrastructure.
Keywords: cultural environment, security, digital environment, digitalization, electronic data.
Bibliographic list of articles
1. Malyuk, A. A. Foreign experience in forming a culture of information security in society / A. A. Malyuk, O. Yu. Polyanskaya // Security of information technologies. – 2016. – T. 23, No. 4. – P. 25-37. – EDN XIELKN.
2. Faizullin F. S. Formation of information culture of economic students / F. S. Faizullin, F. M. Garipova, R. A. Kashapova // Discussion. – 2022. – No. 6(115). – P. 6-16. – DOI 10.46320/2077-7639-2022-6-115-6-16. – EDN URUVMA.
3. Redondo T. The digital economy: Social interaction technologies–an overview. – 2015.
SAFETY AND LAW
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
SVIRIDOV Ruslan Evgenjevich
lecturer of Fire and tactical-special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
SPECIAL MEANS AND LEGAL BASIS FOR THEIR USE
The article examines the legal basis for the use of special means by employees of the penitentiary system and provides statistical data on cases of their use. Based on an analysis of the use of special means, the authors drew conclusions about the importance of using comprehensive measures for their effective use by employees of the penitentiary system. Recommendations are given on how to properly train employees in the lawful use of special equipment. In correctional colonies and prisons, convicts attack employees in connection with the performance of their official duties. The effectiveness of measures to suppress criminal situations largely depends on how prepared employees of institutions are to act in these situations, and the ability to use physical force and special means.
Keywords: special means, employees of the penal system, legal framework, PPE, armor protection, armored vehicles, gas weapons, PR-73M.
Bibliographic list of articles
1. Konarev M. Yu. Problems of civil liability of employees of the Russian penal system for the unlawful use of physical force, special means and weapons, and ways to solve them // Man: crime and punishment. 2017. – T. 25 (1-4). – No. 3. – P. 390-393.
2. Panteleev V. A. Negative factors influencing employees of the penal system when using physical force, special means or weapons // Humanitarian scientific research: network publication. – 2019. – No. 5. [Electronic resource]. – Access mode: https://human.snauka.ru/2019/05/25910.
3. Timoshchuk A. S. Operational and legal issues of ensuring the security of the state and society in the conditions of informatization // Legal issues of ensuring the economic security of the state in the conditions of informatization of society. – Rostov n/d: DSTU, 2018. – P. 385-392.
SAFETY AND LAW
ZHUK Konstantin Denisovich
student of the Far Eastern Federal University, Vladivostok
VYRDYLINA Yulia Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
FROLOV Vladimir Alexandrovich
student of the Far Eastern Federal University, Vladivostok
IZOTOVA Ekaterina Alekseevna
Student of the Far Eastern Federal University
THE ROLE OF THE CSTO AND THE SCO IN ENSURING REGIONAL SECURITY AND COMBATING TRANSNATIONAL THREATS
This article analyzes the activities of the Collective Security Treaty Organization (CSTO) and the Shanghai Cooperation Organization (SCO) in the context of ensuring regional security and countering transnational threats such as terrorism, extremism and drug trafficking. Special attention is paid to analyzing the effectiveness of measures taken by organizations in response to crisis situations, as well as assessing their role in strengthening international cooperation in combating drug trafficking and cybercrime.
Keywords: CSTO, SCO, regional security, transnational threats, terrorism, extremism, drug trafficking, international cooperation, cybercrime, crisis situations.
Bibliographic list of articles
1. Vasilenko V. I., Vasilenko V. V., Poteenko A. G. Shanghai Cooperation Organization in the Regional Security System. Political and legal aspect. Monograph. – M.: Prospekt, 2018. – 192 pp.
2. Dikarev A.D., Lukin A.V. Stone in the foundation of Russian-Chinese friendship. Collection of scientific works in memory of Alexey Fedorovich Mochulsky. – M., 2018. – 301 p.
3. Baranov A. Yu. SCO and US policy in Central Asia. – M.: LAP Lambert Academic Publishing, 2012. – 164 p.
4. Nikitina Yu. A. CSTO and SCO. Models of regionalism in the security sector. – M.: Navona, 2009. – 200 p.
5. Vasilenko V. I., Vasilenko V. V., Poteenko A. G. Shanghai Cooperation Organization in the regional security system (political and legal aspect). – M.: Prospekt, 2014. – 192 p.
SAFETY AND LAW
TOLBOEVA Aisha Rizvanovna
senior lecturer of Administrative, financeial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
VAGABOVA Diana Valerjevna
student of the 2nd course of the direction of Legal Support of National Security of Administrative, financial and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
INFORMATION CLASSIFIED AS A STATE SECRET: THE CONCEPT AND LIST
This scientific article explores the concept of state secrets and their role in the modern world. The author analyzes the list of information that relates to state secrets and identifies the main categories of such information. Modern challenges related to the definition and protection of state secrets, including privacy issues in the era of digital information, are also considered. In conclusion, recommendations are proposed for the further development of the policy in the field of state secrets.
Keywords: state secret, information about state secrets, the concept of state secrets, list of state secrets.
Bibliographic list of articles
1. Law “On State Secrets” dated July 21, 1993 No. 5485-1 (latest edition).
2. Decree of the President of the Russian Federation dated August 11, 2003 No. 960 (as amended on February 27, 2023) “Issues of the Federal Security Service of the Russian Federation.”
3. Decree of the President of the Russian Federation “On the list of information classified as state secrets” of 1995
4. Korolev A. A. Sokolova S. Yu. Fundamentals of protecting information constituting state secrets // Textbook. – 2006. – P. 90-92.
SAFETY AND LAW
TYCHININA Ekaterina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
MISHCHUK Angelika Igorevna
student of the Far Eastern Federal University, Vladivostok
SELINA Tatyana Olegovna
student of the Far Eastern Federal University, Vladivostok
STEPANOVA Anna Sergeevna
student of the Far Eastern Federal University, Vladivostok
GRISHCHENKO Violetta Viktorovna
student of the Far Eastern Federal University, Vladivostok
DYNAMICS AND CONSEQUENCES OF MODERN PROTEST MOVEMENTS
This article analyzes modern protest movements, their impact on the political arena and the social sphere. The key factors contributing to the emergence and spread of mass protests are under investigation, including socio-economic conditions, the role of information technology and interaction with the international context. Special attention is paid to the analysis of mobilization strategies, as well as the role of youth in these movements. The article is supported by historical examples demonstrating the variety of methods and approaches to organizing protest actions, as well as their consequences for society and the state.
Keywords: protest movements, socio-political transformations, youth and activism, information campaigns, public discontent, reforms and democracy, political conflict, global influences.
Bibliographic list of articles
1. Vinogradova E. A. Information wars in Latin America // Trends and management. – 2014. – No. 4. – P. 372-384.
2. Kurilkin A.V. Evolutionary development of psychological struggle: from propaganda to psychological operations // International relations. – 2014. – No. 3. – P. 472-474.
3. Petrenko A.I. Theoretical foundations of organizing counteraction to the use of an arsenal of forces, means and methods of information-psychological warfare for political purposes // Trends and management. – 2014. – No. 2. – P. 154-167.
4. Karpovich O. G. Color revolutions as a tool for systemic destabilization of political regimes: threats and challenges for Russia // National Security / Nota bene. – 2015. – No. 1. – pp. 73-87.
5. McFaul M. “Ukraine Imports Democracy: External Influences on the Orange Revolution.” // International Security. – 2007. – Vol. 32. – No. 2. – R. 45-83.
SAFETY AND LAW
YANGURAZOVA Zemfira Akhmetovna
Ph.D. in Biological Sciences, Professor, Professor of the Department of Ecology and Life Safety of the Institute of Nature and Man of the Ufa University of Science and Technology
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of the Department of Industrial Safety and Industrial Ecology at the Institute of Chemistry and Emergency Protection 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
SHCHERBAKOV Andrey Timofeevich
magister student of the Ufa State Petroleum Technical University
INDUSTRIAL SAFETY OF PETROCHEMICAL FACILITIES
The petrochemical process is a high-risk process with the potential for accidents, risks and sometimes catastrophes, so safety and risk prevention have always been key issues in the petrochemical industry. The object of study is the petrochemical industry. The subject of the research is industrial safety. This article examines the issue of safety technologies for petrochemical production processes and presents the main industrial safety risks. This article also systematically summarizes the technical problems and problems in the safety technology aspects of petrochemical production, which helps to identify existing shortcomings and identify ideas for further development. It is agreed that petrochemical facilities must have reliable on-site safety monitoring systems, train personnel in safe work practices, and be prepared and effective to respond to incidents.
Keywords: petrochemistry, national economy, industrial safety requirements, danger, risk.
Bibliographic list of articles
1. Global Petrochemicals Market – Growth, Trends, and Forecasts (2023 – 2028).
2. Kulakov P. A. Management of the functioning of petrochemical facilities based on risk management / P. A. Kulakov, A. F. Shishkina, E. M. Karasev // Modern problems of science and education. – 2014. – No. 6. – P. 227. – EDN TGQEYZ.
3. Kirsanov V.V. On the issue of systematization and specification of preventive work to increase the level of industrial safety of enterprises of the petrochemical complex / V.V. Kirsanov // Bulletin of the Kazan Technological University. – 2013. – T. 16, No. 24. – P. 138-142. – EDN RSAZDB.
4. Anoshin E. A. Industrial safety of petrochemical and oil refining industry facilities / E. A. Anoshin, N. A. Pilyaev // Labor safety in industry. – 2007. – No. 9. – P. 17-18. – EDN JTLORJ.
EDAGOGY AND LAW
VLADIMIROV Sergey Konstantinovich
magister student, Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University in Sterlitamak
KAMALETDINOV Rustam Rifgatovich
magister student, Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University in Sterlitamak
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University in Sterlitamak
PROFESSIONALLY ORIENTED TEACHING OF A FOREIGN LANGUAGE IN A TECHNICAL UNIVERSITY
The article analyzes the need for modernization of Russian technical education for training specialists who are able to carry out professional contacts in a foreign language in various fields and situations. The authors considered the purpose of teaching foreign languages in technical universities. It is to achieve a level sufficient for the practical use of a foreign language in professional activities. According to the article, in order to increase the effectiveness of the educational process, teachers should develop new organizational forms and methodological techniques. The emphasis is on a bidirectional educational approach. In addition two approaches have been investigated: English for specific purposes and integrated content language teaching. The article presents possible ways to optimize and modernize the methodology of teaching foreign languages. Much attention is paid to the process of integration of foreign language and professional components necessary for the formation of a competitive graduate-specialist model in the global labor market. It is concluded that a new approach to choosing the content of education involves professionally-oriented teaching of a foreign language.
Keywords: professional activity, educational process, teaching methods, professionally-oriented teaching, competitiveness.
Bibliographic list of articles
1. Davydov V.V. Theory of developmental education / Ross. Academician Education, Psychological Institute, Int. Association “Developmental Education”. – M.: INTOR, 1996. – 544 p.
2. Galskova N. D., Vasilevich A. P., Koryakovtseva N. F., Akimova N. V. Fundamentals of methods of teaching foreign languages. – M.: Knorus, 2017.
3. Abramovich G.V. The concept of foreign language competence as the goal and result of vocational education // Scientific notes. Series: Psychological and pedagogical sciences. – Nezhin: Publishing House of NSU named after. Gogol, 2005. – 257 p.
4. Folomkina S.K. Teaching reading in a foreign language at a non-linguistic university: educational and methodological manual – Ed. 2nd, rev. – Moscow: Higher School, 2005. – 253 p.
5. Latypova E. R., Zufarova Z. Kh. Communication and laws of communioncation at the university. In the collection: Science, society, technology: problems and prospects for interaction in the modern world. Collection of articles of the VII International Scientific and Practical Conference. – Petrozavodsk, 2022. – P. 170-173.
6. Serova T. S. Information, awareness, innovation in education and science [Text]: selected information about the theory of professionally oriented reading and methods of teaching it in higher education: a collection of scientific articles. – Perm: Perm National Publishing House. research Polytechnic University, 2015. – 441 p.
7. Vygotsky L. S. Collected works: in 6 volumes / Ch. ed. A.V. Zaporozhets. – M.: Pedagogy, 1982-1984. – T. 2: Problems of general psychology / Under. ed. V.V. Davydova. – 1982. – 504 pp.
8. Zimnyaya I. A. Psychological aspects of teaching speaking a foreign language [Text]. – Moscow: Enlightenment, 1978. – 159 p.
9. Coyle, D., Deppeler, J., Loreman, T., Smith, R. and Florian, L. Conceptualization, language learning, and language use: An integrated approach. Inclusive pedagogy throughout the curriculum. International prospects for inclusive education, 2015. – 235-258 pp.
EDAGOGY AND LAW
GALLYAMOVA Diana Ayratovna
postgraduate student of Social and political communications sub-faculty of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
KOENIG Anna Yurjevna
magister student of Social and political communications sub-faculty of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
MURATOVA Elvina Venerovna
magister student of Social and political communications sub-faculty of the Institute of Oil and Gas Business of the Ufa State Petroleum Technical University
SOCIAL AND INNOVATIVE PROCESSES IN MODERN RUSSIA: THE ROLE AND TRENDS OF DEVELOPMENT IN MODERN EDUCATION AND THE FORMATION OF PUBLIC CONSCIOUSNESS
In the modern world, the social sphere consists of certain relationships and conditions that shape the character and behavior of people. It covers the interests of various communities, including labor relations, daily life, culture, health care and social welfare. As society develops, new social principles, behaviors and policies appear, which makes social activities more and more important, therefore, organizations and institutions not only of a particular sphere, but also of any organization interacting with society in any way, need to adapt to the developing world and anticipate future trends.
Keywords: socio-innovative processes, trends in the development of education, scientific and educational centers (REC), advanced engineering schools (PISH), information security, conscious consumption, public consciousness.
Bibliographic list of articles
1. Gareev E. S., Akhmadullin I. I., Valitova N. E., Gabdrakhmanova L. N., Gabdulkhakova R. V., Kozlova Yu. B., Kostyleva E. G. Theory and practice of advertising and relations with by the public. A textbook for students majoring in “Advertising and Public Relations” Part 1. Public relations and advertising: organization, legal and scientific support of professional activities. – Ufa, USPTU Publishing House, 2018. – 345 pp.
2. Gabdulkhakova R.V., Kozlova Yu.B., Grogulenko N.V. The role of Internet communications in promoting the image of the city // Eurasian Legal Journal. – 2021. – No. 01 (152). – pp. 429-431.
3. Kouba M., Kozlova Yu. B. Optimization of means of communication in modern post-industrial society / In the collection: State of the future: current problems of socio-economic and political-legal development, a collection of articles based on the materials of the IV International Scientific and Practical Conference dedicated to the 70th anniversary USPTU. – 2018. – pp. 269-272.
4. Koenig A. Yu., Kozlova Yu. B. Opportunities and prospects of NFT as a current direction of advertising. – Modern PR: theory, practice, education: Proceedings of the XIV International Scientific and Practical Conference on April 28, 2023. – Ufa: USPTU Publishing House, 2023. – pp. 137-140.
5. Borlaug S. B. Moral hazard and adverse selection in research funding: centers of excellence in Norway and Sweden // Science and Public Policy. – 2016. – Vol. 43. – No. 3. – P. 352-362. DOI: 10.1093/scipol/scv048.
EDAGOGY AND LAW
GOVERDOVSKAYA Elena Valentinovna
Ph.D. in pedagogical sciences, professor, Head of Humanitarian disciplines and bioethics sub-faculty, Deputy Director for Continuing Education of the Pyatigorsk Medical and Pharmaceutical Institute
DELARUE Vladimir Vladimirovich
Ph.D. in sociological sciences, professor, professor of General psychology sub-faculty of the Volgograd State Medical University of the Ministry of Health of the Russian Federation
KOVALEVA Marina Dmitrievna
Ph.D. in sociological sciences, professor, professor of Hygiene and ecology sub-faculty of the Volgograd State Medical University of the Ministry of Health of the Russian Federation
INTERIORIZATION OF THE LEGAL CULTURE OF A DOCTOR IN AN EDUCATIONAL ENVIRONMENT
The article examines the problem of forming the legal culture of a doctor in the educational environment of a university as a process of internalization by medical students of the legal status of a doctor. Based on sociological surveys by VTsIOM, the risks of marginalization among young people are demonstrated, due to the low level of legal awareness among approximately every fifth respondent. Analysis of the data from the author’s sociological research revealed a number of risk factors for deviations in the legal culture of future doctors, among which there is an insufficient level of knowledge about regulatory regulation in the field of protecting the health of citizens, a confusion of legal norms and ethical rules, and a belief in the regulatory deficit of a doctor’s rights, as an asymmetry of his legal status. The conclusion is made about the need to integrate legal training into the system of continuing medical professional education as a means of preventing legal conflicts in medicine.
Keywords: legal culture, professional group of doctors, legal status, youth.
Bibliographic list of articles
1. Balyuk G.I. Interrelation of legal culture and socialist democracy. – K.: Knowledge, 1984. – 48 p.
2. Donika A. D. Sociological forecast of youth compliance with modern vectors of state policy. Monograph. – Tambov, 2023. – 88 p.
3. Erokhina A.V. Modern content of autonomy and responsibility in clinical medicine // International Journal of Experimental Education. – 2017. – No. 4-1. – pp. 53-54.
4. Levina S. V. Theoretical aspects of the educational function of law // Intellectual potential of the 21st century: stages of knowledge. – 2010. – No. 1. – P. 346-350.
5. Slavova N. A. Legal culture: concept and functions // Bulletin of the Volga University named after V. N. Tatishchev. – 2020. – No. 3. – Volume 1. – P. 48-55.
6. Omarov R. A. The principle of patient autonomy in clinical medicine // International Journal of Experimental Education. – 2017. – No. 3-2. – P. 218.
7. Shkarin V.V. Volgograd experience of humanitarian education at a medical university // Bioethics. – 2020. – No. 1 (25). – pp. 22-27.
EDAGOGY AND LAW
GULEVICH Margarita Olegovna
student of the Far Eastern Federal University, Vladivostok
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
KUZNETSOV Andrey Sergeevich
student of the Far Eastern Federal University, Vladivostok
OSTROZHNIKOV Andrey Alexandrovich
student of the Far Eastern Federal University, Vladivostok
KAN Natalya Andreevna
student of the Far Eastern Federal University, Vladivostok
SYNERGY OF DIGITAL AND TRADITIONAL MARKETING PRACTICES IN ACADEMIC INSTITUTIONS: NEW HORIZONS AND EFFECTIVENESS
The highlights study of the interaction between modern digital and time-tested traditional marketing methods in the context of academic institutions. The paper examines how the combination of innovative digital tools, including academic blogs, videos and social media, with classic channels such as print media and academic conferences, affects the visibility and influence of scientific institutions. The authors analyze the effectiveness of integrating various marketing approaches to promote scientific achievements and strengthen public relations, as well as identify key factors contributing to successful communication in the modern scientific world.
Keywords: academic marketing, digital communication strategies, academic blogs, videos, social networks, classical marketing, media integration, academic institutions, communication effectiveness.
Bibliographic list of articles
1. Neuberger C., Nuernbergk, C. and Rischke, M. Weblogs und Journalismus: Konkurrenz, Ergänzung oder Integration? // Media Perspective. – 2022. – Vol. 37. – R. 96-113.
2. Mea M. From Science to Policy and Society: Enhancing the Effectiveness of Communication // Frontiers in Marine Science. – 2016. – Vol. 3. – R. 168.
3. Harris, L. and Rea, A. Social Networks: The Future of Marketing for Small Business // Journal of Business Strategy. – 2020. – Vol. 30. – R. 24-31.
4. Ivanov, D. and Petrova, S. Digital Transformation in Retail: Balancing on the Edge of Disruption // Journal of Retail and Consumer Services. – 2021. – Vol. 58. – Article 102287.
5. Smirnova,M. and Nekhoda, E. Corporate Social Responsibility in the Russian Market: Scope and Challenges // Russian Management Journal. – 2018. – Vol. 16. – No. 3. – R. 345-366.
EDAGOGY AND LAW
KRYLOV Sergey Valerjevich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
PEDAGOGICAL BASES OF THE PROCESS OF FORMATION OF PROFESSIONAL COMPETENCE OF THE EMPLOYEES OF THE PS DURING TACTICAL AND SPECIAL TRAINING
The article discusses the need to improve pedagogical methods of tactical teaching and special training in departmental educational institutions of the penal system. The formation of professional competence of the tactical and special orientation of future employees of the penitentiary system is important for the smooth functioning of institutions and bodies in conditions of complexity of the operational situation and the emergence of threats of an emergency nature.
The paper systematizes pedagogical experience and presents methods for improving the efficiency of students’ assimilation of discipline material. It is proposed to use demonstration multimedia materials, classes on the theoretical part having the character of active discussion and conversation, practicing practical skills in conditions of heightened reality, modeling and designing an emergency situation, using real special means of active defense, individual protection, and so on.
The scientific study and understanding of the pedagogical foundations of the process of forming the professional competence of the staff of the penitentiary system during tactical and special training and the development of recommendations for improving the course are of key importance for the successful functioning of the entire penitentiary system and the protection of the employee’s identity from encroachments by the special agent.
Keywords: tactical and special training, teaching methods, pedagogical foundations, professional competence, practical and theoretical classes, individual work, self-education.
Bibliographic list of articles
1. On approval of the Manual on the organization of professional training for employees of the penal system: order of the Ministry of Justice of Russia dated August 27, 2012 No. 169 // Bulletin of normative acts of federal executive authorities. – 2012. – No. 41.
2. On institutions and bodies executing criminal penalties in the form of imprisonment: Law of the Russian Federation of July 21, 1993 No. 5473-I (as amended by Federal Law of December 29, 2022 No. 590-FZ) // Russian newspaper. – January 9. – 2023.
EDAGOGY AND LAW
FOMINA Darya Sergeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
EGOROVA Olga Igorevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
GLADILOVA Elena Alexeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
THE DEVELOPMENT OF TEACHER EDUCATION IN THE ERA OF DIGITALIZATION
Digital technologies have an impact on all areas of social life. The field of education is no exception. The introduction of digital technologies into the educational process has a significant impact on the development of new ways, methods of organizing and optimizing the educational process. This paper examines the stages of development of teacher education in the era of digitalization. Reveals its effectiveness, problematic issues and ways to solve them.
Keywords: pedagogical education, digitalization, digital educational environment, educational process, information and communication technologies.
Bibliographic list of articles
1. Abdrakhmanova G.I., Vasilkovsky S.A., Vishnevsky K.O. et al. Digital economy: 2022: a brief statistical collection. – M.: National Research University “Higher School of Economics”, 2022. – 124 p.
2. Bermus A. G. Current problems of pedagogical education in the era of digital transformation: theoretical review // Pedagogy. Questions of theory and practice Pedagogy. Theory & Practice. 2022. Issue 1. Volume 7. pp. 1-10. Issue 1. Volume 7. P. 1-10.
3. Research of the Russian market of online education and educational technologies. [Electronic resource]. – Access mode: https://edmarket.digital/ (access date: 11/30/2023).
4. The concept and essence of digitalization of the education system. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-suschnost-tsifrovizatsii-sistemy-obrazovaniya (Date of access: 12/01/2023).
5. Spherum. [Electronic resource]. Access mode: https://sferum.ru/?p=start (Access date: 12/01/2023).
6. Digitalization of education in Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru/a/144216 (Access date: 12/03/2023).
7. Digital technologies in education: how modern tools help teachers. [Electronic resource]. – Access mode: https://ioe.hse.ru/digitalineducation (Access date: 12/01/2023).
SPORTS LAW
ASADULLIN Murad Rinatovich
Ph.D. in Law, associate professor of Political science and public relations sub-faculty of the Ufa University of Science and Technology
THEORETICAL ASPECTS OF THE LEGAL FORM OF SPORTS ORGANIZATIONS
The article is devoted to the analysis of general theoretical aspects of building legal entities and their importance for the formation of a system of sports organizations. The author draws attention to the fact that in order to build a system of sports organizations, as well as its effective meaningful use, it is important to rely on the following criteria: a) whether the organization is a legal entity; b) whether it belongs to commercial or non-commercial; c) whether it is a corporation (i.e. whether there is a membership relationship). Non-profit organizations play a special role in the field of sports, the basic rules of which the author pays special attention to. Having studied the criteria for building a system of legal entities, it is concluded that it is important that the composition of the rights and obligations of participants in the relevant corporation be coordinated with the norms of the basic Article 65.2. of the Civil Code of the Russian Federation, which contains a universal list of the rights of participants in any corporation.
Keywords: sport, sports organization, legal entity, organizational and legal form, non-profit organization, corporation.
Bibliographic list of articles
1. Demieva A.G. Civil code as the basis of active economic activity / A.G. Demieva // Exjure. – 2020. – No. 2. – pp. 43-52.
2. Concept of development of civil legislation. – M.: Statute, 2009.
3. Serova O. A. Theoretical, methodological and practical problems of classification of legal entities of modern civil law in Russia: abstract. dis. … doc. legal Sci. – M., 2011. – 67 p.
4. Willems J. H. Expert opinion on the draft chapter four of the Civil Code of the Russian Federation // Bulletin of Civil Law. – 2011. – No. 2. – P. 255-268.
5. Leskova Yu. G. Reforming the institution of a legal entity: issues of applying the rules of the Civil Code of the Russian Federation // Current issues of entrepreneurial and corporate law in Russia and abroad (April 22, 2016). – M.: Justitsinform, 2015. – P. 22-24.
STATE AND LAW
DOVBYSH Saveliy Alexeevich
student of the School of Law of the Far Eastern Federal University, Vladivostok
ZORINA Polina Andreevna
student of the School of Law of the Far Eastern Federal University, Vladivostok
ELECTRONIC JUSTICE IN THE RUSSIAN FEDERATION: HISTORY OF FOUNDATION AND PROSPECTS FOR DEVELOPMENT
The article is devoted to the research of the historical aspect of the development and further improvement of e-justice in the Russian Federation. The authors review the information systems functioning in Russia at the moment in this area. In conclusion, the most actual problems related to the implementation of e-justice in the Russian Federation are formulated. The authors conclude that it is possible to introduce artificial intelligence as an element of e-justice in the process of judicial process as soon as possible.
Keywords: e-justice, information system, the Internet, court.
Bibliographic list of articles
1. Order of the Judicial Department at the Supreme Court of the Russian Federation dated November 26, 2015 No. “On approval of the List of basic concepts and terms used in the regulatory legal acts of the Judicial Department, regulating the use of information and telecommunication technologies in the activities of courts, departments of the Judicial Department in the constituent entities of the Russian Federation and institutions Judicial Department.”
2. Electronic justice: historical and modern aspects of the formation of the regulatory framework (Koscheev N.K.) (“State power and local self-government”, 2023, No. 6).
3. Order of the Judicial Department at the Supreme Court RF dated 03.12.2010 No. 270 “On amendments to the Instructions for judicial records management in the district court.”
4. “Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 28, 2016 No. 252” (as amended on February 20, 2018) “On approval of the Procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document.”< br /> 5. “Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 27, 2016 No. 251 (as amended on November 17, 2021) “On approval of the Procedure for submitting documents to federal courts of general jurisdiction in electronic form, including in the form of an electronic document.””< br /> 6. “The procedure for submitting documents to the Supreme Court of the Russian Federation in electronic form, including in the form of an electronic document” (as amended as of March 20, 2023).
7. “Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 28, 2016 No. 252 (as amended on February 20, 2018) “On approval of the Procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document” (together with “The procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document”).”
8. Introduction of a new software package // Judicial site of the magistrate within the administrative-territorial boundaries of the Sakmarsky district. [Electronic resource]. – Access mode: https://sak.kodms.ru/news/vnedrenie-novogo-programmnogo-kompleksa (date of access: 01/01/2024).
9. Computers will soon replace judges // VESTI.RU [Electronic resource]. – Access mode: https://www.vesti.ru/hitech/article/619618 (date of access: 01/01/2024).
STATE AND LAW
ILIKEEVA Yulia Aidarovna
Associate Professor of the Department of Russian History, Historiography and Source Studies at the Institute of History and Public Administration of the Ufa University of Science and Technology
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
FAYZULLIN Alfred Rafisovich
Master’s student at the Institute of History and Public Administration of the Ufa University of Science and Technology
STATE AND MUNICIPAL MANAGEMENT OF SUSTAINABLE DEVELOPMENT OF THE REGION
The relevance of the study is determined by the fact that at the moment for the Russian Federation, issues related to the management and development of regions play a decisive role in the sustainability of the national economy. The object of research is the national economy. The subject of the study is the sustainable development of regions from the perspective of the management function. The purpose of the study is to consider the substantive aspects of sustainable development of regions. The article reveals that the development of individual regions strongly depends on socio-economic, natural-climatic and cultural-historical conditions. Changes in the economic and social environment, as well as in the structure of Russian society, have led to the fact that many problems that previously stood at the federal level have now moved to the subjective level of the regions. The result of the structural reform of power has been the emergence of a large number of regions that cannot fully use their economic potential, therefore it is necessary to overcome the barriers that prevent the reproduction of depressive processes and develop a management strategy that will make the development of the regions more sustainable and of higher quality.
Keywords: sustainable development, national economy, development strategy, target indicators, quality of life.
Bibliographic list of articles
1. Shibaeva N. A. Program-targeted Management of sustainable development of the water management complex of the region / N. A. Shibaeva, U. A. Parfenenko // Economic development of the region: management, innovation, personnel training. – 2022. – No. 9. – P. 128-132. – EDN FHYWCB.
2. Zhamalov T. I. Management of sustainable development of the biotechnological complex of the region in the system of world-class scientific and educational centers / T. I. Zhamalov, I. R. Khastsaev // Current problems and prospects for economic development: Russian and foreign experience. – 2023. – No. 2 (44). – pp. 38-43. – EDN ENODUB.
3. Konovalenkov S.V. Management of sustainable development of the region in the digital economy / S.V. Konovalenkov // Management of sustainable development. – 2020. – No. 6 (31). – P. 14-22. – EDN PERHXF.
4. Assessing the social and budgetary effect when implementing investment projects of costly type in construction / V. A. Khairullin, E. R. Akhundov, D. V. Kuznetsov, V. N. Zentsov. – Kazan: Limited Liability Company “Buk”, 2021. – 226 p. – ISBN 978-5-00118-689-2. – EDN UJFIKO.
STATE AND LAW
LEE Maxim Viktorovich
student of the Far Eastern Federal University, Vladivostok
BAKHTINA Victoria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
NAGAI Kira Alexandrovna
student of the Far Eastern Federal University, Vladivostok
GROMCHEVSKAYA Karina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
MICHUROVA Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
THE INTERACTION OF GLOBALIZATION AND LOCALIZATION: CURRENT TRENDS AND THEIR IMPACT ON SOCIETY
This article provides a comprehensive analysis of the impact of globalization on various aspects of modern society, focusing on economic, cultural, social and environmental aspects. Exploring the works of famous sociologists, including Ulrich Beck, Zygmunt Bauman and Anthony Giddens, the article highlights the topic of glocalization – the fusion of global and local processes. Special attention is paid to how global processes transform everyday life, while the purpose of the article is to provide a comprehensive analysis of the impact of globalization on the development of modern society.
Keywords: socio-cultural transformations, global-local interaction, economic trends, environmental challenges, risk society, cosmopolitan processes, modern social dynamics.
Bibliographic list of articles
1. Giddens A. Runaway world: How globalization is reshaping our lives. – London: Profile, 1998.
2. Beck U. “Living in the world risk society” // Economy and Society Vol. – 2006. – R. 329-345.
3. Khokhlova, A. “Liquid” everyday life: transformation of cultural practices under globalization conditions. St. Petersburg University // Sociology. – 2013. – No. 1. – R. 95-102.
4. Habibul Haque Khondker, “Glocalization as Globalization: Evolution of a Sociological Concept” // Bangladesh e-Journal of Sociology. – 2004. – Vol. 1. – No. 2. – July.
5. Castells, M. The Rise of the Network Society. – Oxford: Blackwell Publishers, 1996.
6. Sorokin P. A. and Merton R. K. “Social Time: A Methodological and Functional Analysis” // The American Journal of Sociology. – 1937. – Vol. 42. – No. 5. – R. 615-629.
STATE AND LAW
TSELISHCHEVA Tatyana Andreevna
student of the Far Eastern Federal University, Vladivostok
MAGZYANOV Vladislav Petrovich
magister student of the Far Eastern Federal University, Vladivostok
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University, Vladivostok
BOTVINKO Diana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
DOVGUSHEVA Anna Vladimirovna
student of the Far Eastern Federal University, Vladivostok
THE TRANSFORMATION OF CIVIL SOCIETY IN MODERN RUSSIA: DYNAMICS, PROBLEMS AND DEVELOPMENT STRATEGIES
This article provides an in-depth analysis of the evolution of civil society in Russia, with an emphasis on the growing role of public associations. The study is based on sociological data, reflecting the perception and participation of citizens in the activities of these organizations. The key factors shaping civic engagement, as well as the relationship between the public and government agencies, are considered. The article identifies current problems and suggests strategies to strengthen interaction between citizens and government agencies, as well as to increase legal literacy and public activism.
Keywords: evolution of civil society, public associations, social activity, state-public relations, legal awareness.
Bibliographic list of articles
1. Rastimeshina T.V., Antonov F.S. Formation and development of civil society institutions and their interaction with the state // Economic and social-humanitarian studies. – No. 1. – P. 168-180.
2. Interaction between civil society and the state in Russia: legal dimension / Ed. O. I. Tsybulevskaya. – Saratov: Volga Region Institute of Management named after. P. A. Stolypina, 2013. – 404 p.
3. Gavrilenko V.I. On the issue of the concept and essence of civil society: constitutional and legal aspect // Bulletin of the Saratov State Law Academy. – 2013. – No. 4. – P. 139-145.
4. Zyryanov S. G., Lukin A. N. Civil society in modern Russia: main scenarios of formation and development // Society and power. – 2016. – No. 3. – P. 7-16.
5. Putnam R. D. “Making Democracy Work: Civic Traditions in Modern Italy.” – Princeton University Press, 1993. – 280 pp.
6. Keane, J. “Civil Society: Old Images, New Visions.” // Stanford University Press. – 1998. – 224 p.
STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint-Petersburg
NECESSITY OF THE EXISTENCE OF IDEOLOGY IN THE MODERN RUSSIAN STATE
This article provides discussion questions about the need for ideology of modern Russia and real problems of modern Russian ideology; substantiates the importance of ideology for modern Russia; identifies the sources of the new ideology of the Russian Federation; characterizes the ideology that our country needs; shows that Russian ideology should take into account domestic and world experience in order to count on long-term, sustainable and successful development; indicates what aspects can be used as a state ideology; emphasis is placed on the fact that ideology cannot repeat the content errors of the past, nor can it absolutely break with civilizational identity; tasks and theses for the implementation of a new Russian ideology are defined and a formula for ideology is given; key features of the ideology necessary for Russia are outlined; conclusions are drawn that modern ideology should include positive aspects that existed in all previous eras, ideology for Russia should become the ideology of the entire Russian world, integrating the ideology of the national and international ideology.
Keywords: Russian ideology, civilizational identity, sovereignty, patriotism, ideologems, community, identity, Russian world.
Bibliographic list of articles
1. Brzezinski Z. Choice: world domination or global leadership / Transl. from English: E. A. Narochnitskaya, Yu. N. Kobyakov]. – M.: International Relations, 2010. 262 p.
2. Dronov V. T. On the new Russian ideology: pros and cons // News of the Russian State Pedagogical University. – 2010. – No. 137. – P. 144-151.
3. Isaev A.V., Drabkin A.V. The Great Patriotic War 1941-1945. – M.: Yauza, 2023. – 704 p.
POLICY AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Sankt-Petersburg
RUSSIAN POLITICAL ELITE: SOME ASPECTS OF DEVELOPMENT
This article explores the structural changes of political elites. It is indicated that the scientific literature offers a large number of classifications of political elites, and also new terminology appears to designate its individual elements and structural levels. Approaches to solving this problem are analyzed, which makes it possible to reveal the structure of the political elite and introduce specifics into the terminological apparatus of elitology.
The distinctive features of the political elite are indicated: independence; high social status; a significant amount of government power and information; participation in the exercise of power; organizational skills and talent, cohesion, awareness of the interests of the group, a developed network of informal communication, etc.
It is concluded that the political elite of each society in a given period is a community of people differing in personnel, functional affiliation and formal rights. As a consequence, it is impossible to understand the composition of a country’s political elite without studying its institutional structure.
Keywords: political elites, elite features, society, modernity, head of state, environment, democratic state.
Bibliographic list of articles
1. Davidenko A. B. The essence and typology of the political elites of Russia // Student Bulletin. – 2020. – No. 20-7 (118). – pp. 26-27.
2. Zvenyeva A. Blue elite of Russia. – M.: Algorithm, 2017. – 240 p.
3. Kislitsyn S. A. Counter-lites, oppositions and fronts in the political history of Russia. – Moscow: Gostekhizdat, 2015. – 103 p.
4. Kolyadin A. M. Political elite: concept and essence // Legal field of modern economics. – 2016. – No. 7. – P. 45-53.
5. Krasnolutsky G.N. Political alternative to Russia: elitism or elitism? // Management consulting. – 2011. – No. 1. – P. 89-99.
6. Kryshtanovskaya O. V. Anatomy of the Russian elite. – M., 2004. – P. 85-87.
7. Okhotnikov M.A. Transformation and features of political elites in modern Russia // In the collection: Systemic transformation – the basis of sustainable ininnovative development, Collection of articles of the International Scientific and Practical Conference. – Ufa, 2021. – pp. 365-367.
8. Petukhov V. Participatory democracy and political transformation of Russia. – M.: Academia, 2014. – 176 p.
9. Radaev V.V., Shkaratan O.I. Social stratification. – M., 2016. – 368 p.
10. Sklyarova E. A. Origins of the formation of the Western European political elite. // State and municipal management. Scientific notes. SKAGS. – 2020. – No. 1. – P. 220-224.
11. Smirnov G. N. Political science in questions and answers. – M.: Prospekt, 2016. – 288 p.
12. Solovyov A.I. Political science: political theory, political technologies. Textbook for university students. – M.: Aspect Press, 2003. – 167 p.
13. Higley D. Democracy and elites // Polity. – 2006. – No. 2. – P. 22-31.
ECONOMY. RIGHT. SOCIETY
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
HUNAFINA Elena Anatolyevna
Associate Professor of the Department of Economics and Entrepreneurship Bashkir Cooperative Institute (branch) Russian University of Cooperation
GIRFANOVA Irina Naskhetdinovna
Associate Professor of the Department of Economics and Entrepreneurship of the Bashkir Cooperative Institute (branch) Russian University of Cooperation
PLANNED AND COLLECTIVE ECONOMY WITHIN THE FRAMEWORK OF THE THEORY OF SOCIAL ECONOMICS
The relevance of the study is determined by modern problems of market approaches to the organization of economic systems within the framework of the capitalist economic system, which requires a new understanding of the principles of planning and collectivity within the framework of the social economic system. The object of the study is social economics. The subject of the study is planned and collective farming. The purpose of the study is to consider how a planned and collective economy within the framework of a social economy can act as an effective alternative to the market economic mechanism. The article discusses the historical aspects of the emergence of the social economy, centralized and decentralized planning systems. The theory of optimal functioning of the social economy is revealed. It is concluded that collectivism is an important component of the social economy and is not opposed to the development of the individual, but is its prerequisite for realizing the potential of each citizen, in contrast to the market economic mechanism.
Keywords: socialism, collectivism, centralized planning, decentralized planning, state planning.
Bibliographic list of articles
1. Blaug M. The Early Mercantilists: Thomas Mun (1571–1641), Edward Misselden (1608–1634) and Gerard de Malynes (1586–1623) // Books. – 1991.
2. Kletskina O. G. New economic policy: some aspects of modern scientific research / O. G. Kletskina // Bulletin of the Udmurt University. Series History and Philology. – 2021. – T. 31, No. 4. – P. 764-776. – DOI 10.35634/2412-9534-2021-31-4-764-776. – EDN IMYJPO.
3. Myagkova E. M. New economic policy in publications of archival documents of 1991-2021 / E. M. Myagkova, A. V. Repnikov // Vestnik VNIIDAD. – 2021. – No. 5. – P. 70-82. – EDN OTABHT.
4. Pokidchenko M. G. History of the emergence of dirigisme and the prospect of its use in Russia / M. G. Pokidchenko // Philosophy of Economics. – 2017. – No. 2 (110). – pp. 221-229. – EDN ZFBIQT.
5. Novozhilov V.V. Measuring costs and their results in the socialist economy // Application of mathematics in economic research. – 1959. – T. 1. – P. 158.
ECONOMY. RIGHT. SOCIETY
ABRAMOV Ivan Romanovich
student at the Institute of History and Public Administration of the Ufa University of Science and Technology
GIZATULLINA Venera Gabdulkhakovna
Senior Lecturer at the Department of Economic and Legal Security of the Institute of History and Public Administration of the Ufa University of Science and Technology
REDNIKOV Dmitry Valerievich
Senior Lecturer at the Department of Economic and Legal Security of the Institute of History and Public Administration of the Ufa University of Science and Technology
THE CONCEPT OF SOCIAL CAPITAL AND PLANNED ECONOMY
The relevance of this study lies in clarifying the role of social capital as one of the main elements of the process of economic development within the framework of the planned construction of an economic system. The object of research is the economic system. The subject of the study is social capital as a cost indicator of a social community. The study conincludes that economic development is a dynamic social activity that involves material and qualitative changes in the life of a community over a period of time. As part of the process of economic development, structural transformations occur that create the material basis for expanding production capabilities and increasing the productivity of the individual and society. This can be effectively implemented in a similar way to a planned economic system through increased participation in providing basic needs, both material and non-material, to ensure well-being at both the individual and social levels. However, in the Russian economy there are problems associated with the need to identify structural errors and imbalances in various economic sectors.
Keywords: collectivism, civil society, national economy, market, personal benefit.
Bibliographic list of articles
1. Lewis J. Civic tradition & planning processes: a comparative study of two resource communities in Northern Ontario: diss. – University of British Columbia, 2004.
2. Adams A. Social capital and voluntary sports clubs: investigating political contexts and policy frameworks: dis. – Loughborough University, 2009.
3. The main directions of social policy of the Russian Federation as the most important elements of civil law protection of Russian society: achievements and problems / Yu. G. Novichkova, P. A. Ananyin, V. A. Grunina, I. A. Novichkov // Agrarian and Land right. – 2023. – No. 2 (218). – pp. 74-77. – DOI 10.47643/1815-1329_2023_2_74. – EDN ZMOLDF.
4. Sánchez-García E. et al. Cognitive social capital for knowledge absorption in specialized environments: The path to innovation // Heliyon. – 2023. – T. 9. – No. 3.
5. Ravochkin N. N. Socioeconomics and social capital as a subject of philosophical debate / N. N. Ravochkin, R. Z. Mudarisov, N. Kh. Kashaev // Discussion. – 2023. – No. 3 (118). – P. 6-19. – DOI 10.46320/2077-7639-2023-3-118-6-19. – EDN BHZOLK.
ECONOMY. RIGHT. SOCIETY
BARLYBAEV Ural Adigamovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Ufa University of Science and Technology
MUSIN Ural Ramazanovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Ufa University of Science and Technology
NUSRATULLIN Ilmir Vilovich
Ph.D. in economical sciences, associate professor of Project management and business administration sub-faculty of the Ufa University of Science and Technology
CREATIVE INDUSTRIES IN THE REGION
The article presents the results of an analysis of the dynamics of the creative economy in the Republic of Bashkortostan. The interest in analyzing the creative industries at the regional level is caused by its state and the growth potential of this sector of the economy, and what trends will be observed there in the coming years. An important limitation in the quantitative assessment of creative industries at the level of a constituent entity of the Russian Federation is determined by the lack of a developed methodological framework for conducting an appropriate analysis of this sector of the regional economy. In this regard, the study used an industry approach to determine the “potential” contribution of creative industries to the socio-economic development of the region. The study revealed that this area has the potential to provide a fairly significant contribution to the socio-economic development of the region. In the Republic of Bashkortostan, an appropriate contribution to socio-economic development can be provided by organizations engaged in professional, scientific and technical activities.
Keywords: creative economy, creative industry, region.
Bibliographic list of articles
1. Gambeeva Yu. N., Smey V. M. The role of creative industries in the socio-economic development of the territory // Bulletin of the Chelyabinsk State University. – 2021. – No. 6 (452). – pp. 89-96.
2. Zalevskaya M. A., Mordanov M. A. State and prospects for the development of creative industries: the experience of Yugra // STAGE: economic theory, analysis, practice. – 2022. – No. 1. – P. 77-91.
3. Koroleva I. B., Sokolova I. L. Creative industries in Russia and the world: state, trends and problems of development management // Baikal Research Journal. – 2022. – T. 13. – No. 3.
4. Development of creative industries in Russia: key indicators / Scientific digest. – No. 1. – [Electronic resource]. – Access mode: https://www.hse.ru/data/2021/08/05/1425538088/Human_Capital_NCMU_Digest_1_Creative_Industries_2021.pdf.
5. Republic of Bashkortostan: statistical reference book. Territorial body of the Federal State Servicestatistics for the Republic of Bashkortostan. – Ufa, May 2023 – [Electronic resource]. – Access mode: https://02.rosstat.gov.ru/.
6. Smirnov S. N., Nikolaenko E. A. Statistics of the creative economy in Russia // Economic and social problems of Russia. – 2022. – No. 4 (52). – pp. 61-76.
7. Shkarina V.S. Features of the development of creative industries in modern economic policy // Public Administration. Electronic newsletter. – 2022. – No. 94. – P. 133-144.
ECONOMY. RIGHT. SOCIETY
GAMILOVA Dilyara Agelamovna
Ph.D. in economical sciences, associate professor, Head of the Ufa High School of Economics and Management of the Ufa State Technical Petroleum University
ILJINA Larisa Aidarovna
Ph.D. in economical sciences, associate professor, professor of Accounting, analysis and economic security sub-faculty of the Samara Economic State University
KARAVAEV Arseniy Alexandrovich
postgraduate student of Accounting, analysis and economic security sub-faculty of the Samara Economic State University
FEATURES OF THE IMPLEMENTATION OF DIGITAL TRANSFORMATION STRATEGIES
The article describes the main types of digital technologies in relation to the resulting effects, describes trends in the implementation of digital transformation strategies in the oil and gas sector, and briefly provides an overview of the current state of companies in terms of ensuring competitiveness through digital solutions.
Keywords: digital transformation, oil and gas complex, smart field.
Bibliographic list of articles
1. Ten indicators included in the assessment of the “digital maturity” of the Industry industry [Ministry of Digital Development of Russia, 2020b].
2. National program “Digital Economy of the Russian Federation”, federal projects “Regulatory Regulation of the Digital Environment” and “Digital Technologies” [Presidium of the Council under the President of the Russian Federation, 2019].
3. Departmental project “Digital Industry” (project) [Ministry of Industry and Trade of Russia, 2020].
4. Action plan (“road map”) “Technet 4.0” (advanced production technologies) of the National Technology Initiative [Presidium of the Council under the President of the Russian Federation, 2017; IWG under the Government Commission, 2021].
5. Digital transformation of industries: starting conditions and priorities: report. to XXII April international scientific conf. on Problems of Economic and Social Development, Moscow, April 13–30. 2021 / G. I. Abdrakhmanova, K. B. Bykhovsky, N. N. et al.; National research University “Higher School of Economics”. – M.: Publishing house. House of the Higher School of Economics, 2021. – 239, [1] p. – ISBN 978-5-7598-2510-4 (in the region). – ISBN 978-5-7598-2270-7 (e-book).
6. Gazprom Neft (2021b). Gazprom Neft Scientific and Technical Cluster in St. Petersburg (date of access: 03/10/2021).
ECONOMY. RIGHT. SOCIETY
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
URAZOVA Laysan Uralovna
assistant at the Department of Public Administration, Institute of History and Public Administration, Ufa University of Science and Technology
REDNIKOV Dmitriy Valerjevich
senior lecturer of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
ECONOMIC GROWTH AND ECONOMIC DEVELOPMENT: THE UNITY OF CONTRADICTIONS
The state of the national economy is characterized, first of all, by economic growth, which, for all its advantages, may not ensure economic development. The object of research is the national economy. The subject of the study is economic growth and economic development as the state of the national economy. The purpose of the study is that the article attempts to theoretically analyze the similarities and differences between economic growth and economic development to determine the possibilities for real growth of the national economy. The article argues that economic growth is determined by a quantitative measure, while economic development covers a broader aspect of the economy, which takes into account not only an increase in production, but also an improvement in the standard of living of citizens. Economic development focuses on socio-economic factors, while a simple quantitative increase in production is less significant, thereby confirming the contradictory relationship between economic growth and economic development.
Keywords:economic growth, economic development, national economy, quantitative indicator, qualitative indicator.
Bibliographic list of articles
1. Kopanev M. Yu. Economic growth and development / M. Yu. Kopanev // World Science. – 2019. – No. 4 (25). – pp. 333-335.
2. Dadashev A. Z. ECONOMIC GROWTH AND ECONOMIC DEVELOPMENT / A. Z. Dadashev // Economics and management: problems, solutions. – 2017. – T. 2, No. 1. – P. 3-5.
3. Andreeva E. G. Economic growth. Models of economic growth / E. G. Andreeva, A. N. Sukhova // Omsk Scientific Bulletin. – 2011. – No. 6 (102). – pp. 46-50.
ECONOMY. RIGHT. SOCIETY
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, Taganrog
THE ROLE OF TRADE ASSOCIATIONS IN INCREASING THE COMPETITIVENESS OF THE EDUCATION SYSTEM AND DEVELOPING THE EXPORT OF EDUCATIONAL SERVICES
Trade unions and associations traditionally act as an important catalyst for increasing the economic sustainability of participating countries and play a major role in the implementation of multilateral cooperation, including in terms of expanding the export of educational services and increasing the competitive advantages of the education system, both of individual participants and within the association. This study, using the example of such unions and associations as BRICS, CIS, EAEU and the Russia-Africa format, examines the main elements of the development of education and increasing the export of educational services that can be implemented within trade associations: providing conditions for the free movement of students and teachers between countries -participants of associations and unions; increasing the quality of education and unifying its results through the development of uniform standards, evaluation criteria and exchange of information on best practices; development of the infrastructure of educational institutions and financing of programs for the export of educational services; expanding the geography of distribution of educational services, creating favorable conditions for educational organizations.
Keywords: trade unions and associations, export of educational services, world economy, cooperation in the field of education and science.
Bibliographic list of articles
1. Pavlov P.V., Zashchitina E.K., Karagodin A.V. Ways and tools for restructuring the Russian economy through development institutions: monograph; South Federal University. – Rostov-on-Don; Taganrog: Southern Federal University Publishing House, 2020. – 267 pp.
2. How will the weight of BRICS increase in the global economy after expansion / RBC Information Portal. [Electronic resource]. – Access mode: https://www.rbc.ru/economics/25/08/2023/64e76eff9a794732ef6cee82?from=copy.
3. BRICS and education: collaborationdevelopment in the field of science and education / International network TV BRICS. [Electronic resource]. – Access mode: https://tvbrics.com/news/brics-i-obrazovanie-sotrudnichestvo-v-sfere-nauki-i-obrazovaniya/.
4. BRICS network university. [Electronic resource]. – Access mode: http://nu-brics.ru.
5. Alekseenko O.A. BRICS Network University and its role in building a new architecture of multilateral interaction in the field of education and science // ALMA MATER (Bulletin of Higher School). – 2017. – No. 9. – P.38-42.
6. Agreement Boosts Academic Mobility Across BRICS Borders // BRICS information portal. [Electronic resource]. – Access mode: http://infobrics.org/post/39418.
7. Krasnova G. State and prospects of multilateral scientific cooperation within the BRICS // Portal of the Russian Council on International Affairs. [Electronic resource]. – Access mode: https://russiancouncil. ru/analytics-and-comments/analytics/sostoyanie-i-perspektivy-mnogostoronnego-nauchnogo-sotrudnichestva-v-ramkakh-briks/?sphrase_id=109038393.
8. Levchenko A. Is Eurasian integration possible in the field of education // Russian Council on International Affairs Portal. [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments /analytics/vozmozhna-li-evraziyskaya-integratsiya-v-sfere-obrazovaniya/.
9. Decision of the Supreme Eurasian Economic Council of December 11, 2020 “On strategic directions for the development of Eurasian economic integration until 2025” // Eurasian Economic Commission. [Electronic resource]. – Access mode: https://eec.eaeunion.org/comis sion/department/dep_razv_integr/strategicheskie-napravleniya-razvitiya.php.
10. Eurasian Network University. [Electronic resource]. – Access mode: https://esuniversity.org.
11. Information on cooperation between the CIS member states in the field of education // Executive Committee of the Commonwealth of Independent States. [Electronic resource]. – Access mode: https://cis.minsk.by/page/6870.
ECONOMY. RIGHT. SOCIETY
KORYAGINA Albina Rafikovna
postgraduate student of the 2nd year of study of the Kazan Cooperative Institute – branch of the Russian University of Cooperation
STRELKOVA Olga Vladimirovna
founder of the marketing agency Business Marketing LLC, Moscow
MARKETING TOOLS FOR ASSESSING EXTERNAL IMPACT ON THE DEVELOPMENT OF TOURIST AREAS
The article examines the possibilities of using marketing tools for assessing external impacts on the development of tourist areas. The role of the tourism and recreational industry in the regions of the North Caucasian Federal District is determined. The results of PEST analysis as a marketing tool for assessing the degree of impact of government regulation of the tourism industry on priority cluster initiatives in the region are presented. The characteristics of the key political, economic, social and technological factors influencing the development of tourist territories of the North Caucasus Federal District are given. Potential ways to level out the external impact of established factors on the development of tourist areas of the North Caucasus Federal District are proposed.
Keywords: PEST analysis, cluster initiatives, marketing tools, development, tourist areas.
Bibliographic list of articles
1. Report “On the development of tourism in the Russian Federation” // Association of Tour Operators. [Electronic resource]. – Access mode: https://www.atorus.ru/node/49927 (access date: 12/11/2023).
2. Unified Federal Register of Travel Agents, Subagents // Ministry of Economic Development of the Russian Federation. [Electronic resource]. – Access mode: https://tourism.gov.ru/agents/ (access date: 12/11/2023).
3. Zaytsev A.G., Spasskaya N.V., Takmakova E.V. The influence of the institutional environment of marketing activities on investments and consumption // Management accounting. – 2017. – No. 4. – P.92-97.
4. Mashegov P. N., Zaitsev A. G., Lebedev M. A. Strategies for the formation of elements of innovative entrepreneurial ecosystems (on the example of engineering support for small innovative enterprises) // Central Russian Bulletin of Social Sciences. – 2016. – T. 11. No. 5. – P. 180-186.
5. Rzaeva R. E., Kulakova L. I. Digital development of the tourism sector // European science. – 2019. – No. 7 (49). – pp. 31-35.
6. Russian Union of Tourism Industry. [Electronic resource]. – Access mode: https://rostourunion.ru/ (access date: 12/11/2023).
7. Federal Law “On Amendments to the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation” dated March 24, 2021 No. 48-FZ (latest edition) // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_380345/ (access date: 12/11/2023).
ECONOMY. LAW. SOCIETY
KUZNETSOV Mikhail Yurjevich
Head of the Department of Residency and Postgraduate Studies at the Scientific Research Institute of Health Organization and Medical Management at the Moscow Department of Health
THE DIGITAL FUTURE OF THE EMPLOYMENT SERVICE
The article discusses the problems of introducing digital technologies in the activities of the employment service. Modern employment services cannot but participate in the global trends of digitalization, and their activities are becoming more technologized. The paper, with reference to a study by the International Labor Organization, shows the types of technologies used to facilitate the provision of services, including traditional telephone and digital call centers for registration and access to information, web applications and online job portals for job selection , as well as social networks such as Facebook and Instagram. It is noted what advantages digital services bring in terms of increasing the efficiency of the employment service within a wide range of its services for the population.
Keywords: unemployed, employment service, training, employment promotion.
Bibliographic list of articles
1. Kuznetsov M. Yu., Ananchenkova P. I. Educational support for women on maternity leave // Labor and social relations. – 2017. – T. 28. – No. 2. – P. 104-115.
2. Popova S. S., Boyko S. A., Gokhshtand E. V., Nedrov A. A., Shevchuk A. R. Digitalization of the employment service // Public Administration. Electronic newsletter. – 2021. – No. 86. – P. 264-283.
3. Sokolov O. S., Kuznetsov M. Yu. Digital services for the unemployed – a new form of employment services (using the example of the “Russia Work” platform) // Labor and Social Relations. – 2023. – T. 34. – No. 1. – P. 54-64.
4. ILO. The Future of Work in the Digital Economy, paper prepared for the Employment Working Group under the 2020 Russian presidency of the BRICS (Geneva). 2020.
5. United Nations. 2020, Report of the UN Economist Network for the UN 75th Anniversary Shaping the Trends of Our Time. [Electronic resource]. – Available at: www.un.org/development/desa/publications/report-of-the-un-economist-network-for-the-un75th-anniversary-shaping-the-trends-of-our-time.html.
ECONOMY. RIGHT. SOCIETY
MASHEGOV Petr Nikolaevich
Ph.D. in economical sciences, professor, professor of V. V. Dick Information management and information and communication technologies sub-faculty of the Moscow University of Finance and Industry “Synergy”
KORYAGIN Vladimir Vladimirovich
postgraduate student of the Moscow University of Finance and Industry “Synergy”
FORMALIZATION OF CRITERIA FOR THE LEVEL OF LOCALIZATION WHEN SELECTING IMPORT SUBSTITUTION PROJECTS
When conducting tenders for state financing, participation in the implementation of state targeted programs providing for various types of preferences, the problem arises of finding a compromise between the desire for maximum localization of production and the possibility of meeting the current needs of the domestic market. The article presents a variant of formalization of localization criteria level aimed at solving this problem. The calculations were performed using the example of import substitution of hemodialysis products.
Keywords: import substitution, localization of production, government regulation.
Bibliographic list of articles
1. Isaeva E. V. Assessing the potential for import substitution of domestic industries and the principle of selecting projects for import substitution // Economic Sciences. – 2018. – No. 169. – P. 58-60.
2. Mashegov P. N., Zaitsev A. G., Lebedev M. A. Strategies for the formation of elements of innovative entrepreneurial ecosystems (on the example of engineering support for small innovative enterprises) // Central Russian Bulletin of Social Sciences. – 2016. – No. 5. – P. 180-186.
3. Zaitsev A.G. Formation of an effective regional marketing system based on the methodology of institutional theory. – Orel, 2010. – 193 pp.
4. Report on the results of the expert analytical event “Monitoring the development of the public and corporate procurement system in the Russian Federation for 2020” (approved by the Board of the Accounts Chamber of the Russian Federation on June 22, 2021 – [Electronic resource]. – Access mode: https:// ach.gov.ru/upload/iblock/123/442w02xo0vq4unq199jwxnr9mpow972c.pdf.
5. Decree of the Government of the Russian Federation dated March 31, 2018 No. 392 “On approval of the Rules for assessing efficiency, features of determining the targeted nature of the use of budget funds aimed at state support of innovation activities, as well as funds from extra-budgetarysources, the return of which is ensured by state guarantees, and the criteria used in carrying out such an assessment.” – [Electronic resource]. – Access mode: http://static.government.ru/media/files/juAraHhQ13voSAhA7cKpmKm1KN2SRg21.pdf.
6. The Ministry of Industry and Trade has determined the priorities of state support in import substitution. – [Electronic resource]. – Access mode: https://opora.ru/news/media-about-us/minpromtorg-opredelil-prioritety-gospodderzhki-v-importozameshchenii/
7. Fund standard, conditions and procedure for selecting projects for financing under the “import substitution” program. Edition 1.0. No. FRPCHORS-006. Chelyabinsk, 2022. – [Electronic resource]. – Access mode: http://frp74.ru/about/files/%D0%A1%D1%82%D0%B0%D0%BD%D0%B4%D0%B0%D1%80%D1%82%20 %D0%A4%D0%BE%D0%BD%D0%B4%D0%B0%20%D0%98%D0%9C%D0%9F%D0%9E%D0%A0%D0%A2%D0%9E %D0%97%D0%90%D0%9C%D0%95%D0%A9%D0%95%D0%9D%D0%98%D0%95.pdf.
8. Analysis of the market for equipment and consumables for hemodialysis equipment in Russia. Analytical report DISCOVERY RESEARCH GROUP. – [Electronic resource]. – Access mode: https://drgroup.ru/535-analiz-rynka-oborudovanija-dlja-gemodializa-v-rossii.html.
9. We do not have import substitution in this area. Dialysis networks – about what awaits the industry and patients. – [Electronic resource]. – Access mode: https://vademec.ru/news/2022/03/04/importozameshcheniya-v-etoy-sfere-u-nas-net-uchastniki-rynka-uslug-dializa-o-tom-chto-zhdet- industry/
10. Bazikov A. A., Zaitsev A. G., Sinyakov D. A., Bazikova V. L. Market economics: theory and practice. – Orel, 2006. – 225 p.
ECONOMY. RIGHT. SOCIETY
NOVICHENKO Anton Igorevich
Ph.D. in technical sciences, associate professor of Technical service of machines and equipment sub-faculty of the Russian State Agrarian University – K. A. Timiryazev Moscow Agricultural Academy
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF DIGITAL ECONOMY FORMATION
The article addresses the pressing issue of the need to develop information security in the context of the emergence of a new economic order. In the context of these changes, the importance of supporting and developing the domestic information security market, as well as the formation of a sustainable digital environment, is discussed in detail. Taking into account the constant updating of information technologies, the digital economy becomes an integral component of the new economic order. As a result, the main problem arises, which is related to ensuring the security of information within this concept.
Keywords: legislation, digital economy, information security, new economic order, artificial intelligence.
Bibliographic list of articles
1. Kharchenko A. A., Konyukhov V. Yu. Digital economy as the economy of the future // Youth Bulletin of ISTU. 2017. No. 3. P. 17.
2. Nazarova O. G., Klimenko A. D. Information security during the formation of the digital economy in Russia // Economics. Sociology. Right. 2020. No. 2 (18). pp. 35-41.
3. Decree of the President of the Russian Federation dated May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date 011/06/2023).
4. Order of the Government of the Russian Federation dated July 28, 2017 No. 1632-r “On approval of the Digital Economy of the Russian Federation program.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date 05/06/2023).
5. Gornostaev V.I. Increasing the efficiency of operating a fleet of machines in environmental management with the help of information expert systems: specialty 05.20.01 “Technologies and means of mechanization of agriculture”: dissertation for the degree of candidate of technical sciences. Moscow, 2018. 202 p.
6. Anisimov A. V., Gornostaev V. I., Novichenko A. I. Study of complex organizational and technological systems in the agro-industrial complex by the method of statistical tests using distributed computing // International scientific conference of young scientists and specialists, dedicated to the 100th anniversary of I.S. Shatilova: Collection of articles, Moscow, June 06–07, 2017. – Moscow: Russian State Agrarian University – Moscow Agricultural Academy named after. K.A. Timiryazeva, 2017. – pp. 317-318.
7. Novichenko A. I., Gornostaev V. I. Solving problems of optimizing the fleet of machines and technological equipment of the agro-industrial complex using multi-agent approach technologies // TSHA Reports: Collection of articles, Moscow, January 01 – 31, 2015. Volume Issue 288, Part II. – Moscow: Russian State Agrarian University – Moscow Agricultural Academy named after. K.A. Timiryazeva, 2016. – pp. 281-284.
8. Gornostaev V.I., Evgrafov V.A., Novichenko A.I. [et al.] Functional modeling of technological systems in problems of assessing the effectiveness of mechanized processes in environmental management // Scientific Review. – 2016. – No. 24. – P. 85-89.
9. Lapina M. A., Bachilo I. L., Ostroushko A. V., Karpukhin D. V., Polyakova T. A. Systematization and electronic coding of functions and powers in the public administration system: monograph. – Moscow: Justice, 2016. – 208 p. – [Electronic resource]. – Access mode: https://book.ru/book/920754 (date of access: 09.13.2023). – Text: electronic.
10. “Action plan in the direction of “Regulatory Regulation” of the program “Digital Economy of the Russian Federation” (approved by the Government Commission on the use of information technologies to improve the quality of life and conditions for doing business (protocol dated December 18, 2017 No. 2)). [Electronic resource]. – Access mode: http://www.consultant.ru (access date 09/06/2023).
11. Gafner V.V. Information security: Textbook. – Rn/D: Phoenix, 2010. – 324 p.
12. “Passport of the national project “National Program “Digital Economy of the Russian Federation” (approved by the Presidium of the Council under the President of the Russian Federation for Strategic Development and National Projects, protocol dated 06/04/2019 No. 7). [Electronic resource]. – Access mode: http://www.consultant.ru (access date 09/06/2023).
13. Vinichenko M.V., Kirillov A.V., Melnichuk A.V., Makushin S.A. Problematic issues in the development of management technologies: monograph. – Moscow: Rusigns, 2017. – 279 p. – [Electronic resource]. – Access mode: https://book.ru/book/921308 (date of access: 09/06/2023). – Text: electronic.
14. Step into the future: artificial intelligence and digital economy. Revolution in management: a new digital economy or a new world of machines: materials of the II International Scientific Forum. Issue 3 / State University of Management. – Moscow: State University Publishing House, 2018. – 486 pp.
15. Silaeva V.V., Muravyova M.A., Nazarova O.G. Problems and prospects for the development of innovation policy at the national and regional levels. In the collection: Modern management style. – Cheboksary. 2016. – pp. 154-172
16. Kupriyanovsky V.P., Namiot D.E., Sinyagov S.A. Cyberphysical systems as the basis of the digital economy // International Journal of Open Information Technologies. – 2016. – T. 4. No. 2. – P. 18-25. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kiber-fizicheskie-sistemy-kak-osnova-tsifrovoy-ekonomiki (date of access: 09/14/2023). – Text: electronic.
17. Rosstandart: Standards in the field of Artificial Intelligence. – [Electronic resource]. – Access mode: https://www.rst.gov.ru/portal/gost/home/standarts/aistandarts (access date: 12/25/2023). – Text: electronic.
ECONOMY. RIGHT. SOCIETY
NURIEV Bulat Damirovich
Ph.D. in philosophical sciences, associate professor of Public and municipal administration sub-faculty of the State University of Management
END-TO-END DIGITAL TECHNOLOGIES IN THE SYSTEM OF RUSSIAN LEGISLATION: BIG DATA AND A DISTRIBUTED REGISTRY SYSTEM (BLOCKCHAIN)
The article analyzes the legislation of the Russian Federation regulating the use of the two most common types of end–to-end digital technologies – big data and blockchain. The author examines the normative legal acts adopted at the federal and regional levels. The paper emphasizes that in Russian legislation, the regulation of the use of big data and blockchain is still fragmented and non-systemic in nature, which requires special attention from specialists in the field of digital law. The author states that at the regional level, regulatory legal acts related to the use of big data and blockchain largely duplicate each other, without taking into account the peculiarities and specifics of the socio-economic development of the territory. Legal norms of different levels of government often contradict each other, thereby violating the system of delegation of authority. The author believes that the lack of a common understanding of the threats posed by digital innovations, non-compliance with the principles of consistency and balance in digital legislation, as well as the presence of discrepancies in the provisions of a number of regulatory legal acts carry serious risks to national security.
Keywords: end-to-end digital technologies, big data, blockchain, digital law, powers of public authorities, digital transformations, lawmaking.
Bibliographic list of articles
1. Smirnov E. N., Pospelov S. V., Nuriev B. D. On the issue of the influence of digital transformations on the regulation of international electronic commerce // Discussion. – 2021. – No. 4. – P.21-28
2. Pospelov S.V. Nuriev B.D. Big data in e-commerce of the European Union: problems of legal regulation // State regulation of the economy: political and economic aspects. Collection of scientific papers based on the materials of the 7th International Scientific and Practical Conference. M.: State University of Managementnia. – 2022. – P.84-89.
3. Decree of the President of the Russian Federation dated July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // https://www.consultant.ru/document/cons_doc_LAW_389271/ (date of access: December 26, 2023).
4. The concept of training teachers for the education system for the period until 2030 was approved. [Electronic resource]. – Access mode: https://www.consultant.ru/law/hotdocs/76083.html (access date: 12/26/2023).
5. Mikhailov S.V., Ponomareva N.V., Prudnikova L.B. Blockchain in the modern understanding // Philosophy of Law – 2019. – No. 1 (88). – P.60-64.
6. Anna Cristina Aguilar Viana. Digital transformation in public administration: from e-Government to digital government // International Journal of digital law. – 2021. – No. 1. – P. 29-44.
7. Development of blockchain technology in Russia in 2023 [Electronic resource]. – Access mode: https://crypto.ru/blokchain-v-rossii/ (access date: 12/26/2023).
8. Decree of the President of the Russian Federation of December 5, 2016 No. 646 “On approval of the Information Security Doctrine of the Russian Federation.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71456224/ (access date: 12/26/2023).
ECONOMY. RIGHT. SOCIETY
SAYGIN Oleg Igorevich
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
KUZNETSOVA Elena Viktorovna
Ph.D. in technical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
ORGANIZATION OF PROJECT WORK FOR THE INTEGRATED OBJECT IN A DENSE URBAN DEVELOPMENT
Designing an object that fits into dense urban development requires careful planning. In conditions of limited space and high demand for real estate, organizing design work becomes a crucial task to ensure the efficiency and functionality of the urban agglomeration. One of the significant advantages of this article is the relevance of the issues being explored. This article will present a system for organizing design work for an object integrated into dense urban development.
Keywords: Urban development, compactness, design, management, analysis.
Bibliographic list of articles
1. Sayadyan T.V., Shumeev P.A., Sheina S.G. Problems of construction of high-rise buildings in conditions of dense urban development [Text] // Current problems of technical sciences in Russia and abroad / Collection of scientific papers based on the results of international scientific and practical conferences. No. 2. Novosibirsk, 2015. P. 127.
2. Kopotilova A. S. Features of construction in conditions of dense urban development [Text] – Young scientist (International scientific journal). 2017. No. 49. Part 1. ISSN 2072-0297.
3. Sotnikov S.N., Simagin V.G., Vershinin V.P. Design and construction of foundations near existing structures [Figure]. M.: Stroyizdat 1986. P. 14.
4. Solovyova I. A., Avdeeva L. A., Khalikova M. A. [etc.]. Feasibility study and project management: textbook. Ufa: Ufa State Petroleum Technical University, 2020. 305 p. – ISBN 978-5-7831-2002-2. – EDN NKBPJC.
5. Griffith A. Control systems in construction [Text]. Samara: Olimp-Business, 2006. 321 p.
ECONOMY. RIGHT. SOCIETY
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economical sciences, professor, professor of Project management sub-faculty of the State University of Management
LUGOVKINA Irina Anatoljevna
postgraduate student of the State University of Management
ANALYSIS OF WORLD EXPERIENCE USING CRYPTOCURRENCY AND ASSESSING THE PROSPECTS OF THE DIGITAL RUBLE IN THE FIELD OF CHARITY
The importance of the active use of digital technologies in the activities of charitable organizations is substantiated. The current state of the cryptocurrency market in different countries of the world and its legislative regulation is analyzed, the process of introducing digital currency and its prerequisites is described. Recommendations are given on the use of the digital ruble in the activities of charitable organizations in order to increase income.
Keywords: charity, charitable organization, digitalization, cryptocurrency, digital ruble.
Bibliographic list of articles
1. The Chainalysis 2023 Geography of Cryptocurrency Report. – [Electronic resource]. – Access mode: https://go.chainalysis.com/geography-of-cryptocurrency-2023.html (access date: 11/18/2023).
2. Cryptopolitan. – [Electronic resource]. – Access mode: https://www.cryptopolitan.com/ru (access date: 11/18/2023).
3. Türkiye is tightening its rulesla cryptocurrencies next year are the main focus of exchanges. – [Electronic resource]. – Access mode: https://cryptodnes.bg/ru/turciq-zatqga-kripto-regulaciite-dogodina-borsite-osnoven-fokus/ (date of access: 11/18/2023).
4. Equated to money. How and why the El Salvadoran authorities use Bitcoin. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/12318537?ysclid=lp5php0ery840031463 (access date: 11/18/2023).
5. “Rise of the central bank digital currencies: drivers, approaches and technologies” Raphael Auer, Giulio Cornelli and Jon Frost. – [Electronic resource]. – Access mode: https://www.bis.org/publ/work880.pdf (date of access: 03.11.2023).
6. Bank of England. – [Electronic resource]. – Access mode: https://www.bankofengland.co.uk/ (access date: 11/18/2023).
7. China is doubling down on its digital currency. – [Electronic resource]. – Access mode: https://www.fpri.org/article/2023/06/china-is-doubling-down-on-its-digital-currency/ (date of access: 11/18/2023).
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economical sciences of the Ufa State Petroleum Technical University
SOZYKIN Alexander Dmitrievich
competitor of the Ufa State Petroleum Technical University
SAFRONOV Danil Yurjevich
competitor of the Ufa State Petroleum Technical University
MODERN DIGITAL SOLUTIONS FOR FINANCIAL AND ECONOMIC JUSTIFICATION IN PROJECT MANAGEMENT
The scientific article discusses the author’s approach to financial and economic modeling of projects, used on the basis of business planning and allowing for automatic calculation of key project performance indicators. The proposed digital solution can also be used to organize post-investment monitoring of the project in order to control financial flows.
Keywords: project management, project, financial and economic modeling, financial model, software module “BusinessPLAN Plus”.
Bibliographic list of articles
1. Aliev V. S. Workshop on business planning using the Project Expert program. – M.: Infra-M., 2017. – 288 p.
2. Luzina E. S., Novikova N. B., Vyguzova K. V. Project management system Project Expert: educational method. allowance. – Ekaterinburg: UrGUPS, 2011 – 80 p.
ECONOMY. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty of the Tyumen Industrial University
CHUMLYAKOVA Darya Vladimirovna
Ph.D. in economical sciences, associate professor of Economics and production organization sub-faculty of the Tyumen Industrial University
IGNATYUK Yuliya Leonidovna
Ph.D., associate professor of Intelligent systems and technologies sub-faculty of the Tyumen Industrial University
INTERNATIONALIZATION OF THE ARCTIC IN THE STRATEGIES OF NON-ARCTIC COUNTRIES
The article is devoted to the research of Arctic relations and prospects for the internationalization of the Arctic. It has been established that non-Arctic countries are increasingly declaring the internationalization of this macro-region. The drivers of this process in the Arctic are the development of natural resources, the development of international coastal infrastructure, shipbuilding, prospects for using the Northern Sea Route, scientific research, etc.
Keywords: Arctic, Northern Sea Route, internationalization, international transport infrastructure, international transport corridors, integration.
Bibliographic list of articles
1. Adamkulova Ch.U., Daminova N.N. Internationalization of small and medium-sized businesses: opportunities and limitations in the context of globalization // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of the Kyrgyz Republic named after Kazy Dikambaev. – 2019. – No. 11. – P. 47-50.
2. Arkhipova V.V. Currency internationalization: analysis of international experience and choice of path for Russia // World Economy and International Relations. – 2022. – T. 66. No. 7. – P. 43-54. – DOI 10.20542/0131-2227-2022-66-7-43-54.
3. Gladun E.F. Nearctic states enter the Arctic. – [Electronic resource]. – Access mode: https://goarctic.ru/work/nearkticheskie-gosudarstva-vykhodyat-v-arktiku/ (date of access: 03/08/2023).
4. Goldin V.I. Arctic geopolitics: modern trends and prospects // Clio. – 2014. – No. 1 (85). – pp. 129-133.
5. Zagorsky A.V. Internationalization of the Arctic // Abstracts for the meeting of the Academic Council of the IMEMO RAS on October 24, 2012 – [Electronic resource]. – Access mode: https://www.imemo.ru/files/File/ru/sc/2012/24102012_tez.pdf (date of access: 03/08/2023).
6. Komleva N. A. Arctic strategy of the Arctic states: general and special // Arctic and North. – 2011. – No. 2. – P. 19-25.
7. Panibratov A. Yu. Strategies for the internationalization of construction companies: prerequisites, directions and prospects // Bulletin of St. Petersburg University. Management. – 2010. – No. 1. – P. 61-86.
8. Petrov M. B., Chumlyakov K. S., Chumlyakova D. V. Instruments for regulating the internationalization of transport communications on the Eurasian continent // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 464-466. – DOI 10.46320/2073-4506-2021-1-152-464-466.
9. Russia and the world: 2023. Economy and foreign policy. Annual forecast / Man. project: A. A. Dynkin, V. G. Baranovsky; resp. ed.: G. I. Machavariani, I. Ya. Kobrinskaya. – Moscow: IMEMO RAS, 2022. – 130 p. – DOI 10.20542/978-5-9535-0568-0.
10. Chumlyakov K. S., Chumlyakova D. V. Internationalization of the Arctic and national interests of the Arctic countries // Fundamental Research. – 2023. – No. 6. – P. 59-63. – DOI 10.17513/fr.43472.
11. Aperyan Ye. The Internationalization of Higher Education in Armenia // Journal of Sociology: Bulletin of Yerevan University. – 2021. – Vol. 12.No. 1 (33). – P. 79-87. – DOI 10.46991/BYSU:F/2021.12.1.079.
ECONOMY. RIGHT. SOCIETY
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, Taganrog
PAVLOV Pavel Vladimirovich
Ph.D. in economic sciences, Ph.D. in Law, professor, professor of Business economy sub-faculty of the Institute of Management in Economics, Ecological and Social Systems of the Southern Federal University, Taganrog
TRANSFORMATION OF THE GLOBAL MARKET FOR HIGHER EDUCATION SERVICES UNDER THE INFLUENCE OF CHANGING GEOPOLITICAL CONTOURS
Currently, under the influence of changes in the geopolitical contours in the world, there is a transformation of priorities in the global market of higher education services, including the creation of new educational and scientific centers, the emergence of new integration forms and associations, as well as the redistribution of academic and teaching mobility flows. In this regard, the purpose of the article is to identify and describe the main trends that are currently occurring in the world.
Keywords: global market for higher education services, changing geopolitical contours, world economy.
Bibliographic list of articles
1. Moscovitz H., Harden-Wolfson E. Conceptualizing the new geopolitics of higher education // Conceptualizing the new geopolitics of higher education. Globalization Societies and Education. – 2023. doi 10.1080/14767724.2023.2166465.
2. 2023: A transformative year in global education amid political shifts and geopolitical tensions / MSM Reporter. [Electronic resource]. – Access mode: https://msmreporter.com/2023-a-transformative-year-in-global-education-amid-policy-shifts-and-geopolitical-tensions/
3. Global Flow of Tertiary-Level Students / Institute for statistics UNESCO. [Electronic resource]. – Access mode: https://uis.unesco.org/en/uis-student-flow.
4. By 2023, Russia will increase the quota for foreign students to 30 thousand places / Website of the Ministry of Science and Higher Education of the Russian Federation. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/mezhdunarodnoe-sotrudnichestvo/46932/#:~:text=Number%20places%2C%20allocated%20to foreign%20citizens, did not%20exceed%2018% 20 thousand%20 places.
ECONOMY. RIGHT. SOCIETY
BADI Achraf
postgraduate student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technological University
THE ROLE OF THE PROJECT APPROACH IN MANAGING INNOVATION ACTIVITIES OF ENTERPRISES
The work analyzes four fundamental approaches to the management of innovation: systemic, situational, functional and project-based, from the point of view of the impact of their application on the effectiveness of innovation. Effective mapping between organizational forms of innovation and management approach is also discussed.
Keywords: Innovation activity, competitiveness, system approach, project approach, organizational forms of innovation.
Bibliographic list of articles
1. Poletaev V. E.Business in Russia: innovations and modernization project: Monograph. – M.: INFRA-M, 2018. – 195 p.
ECONOMY. RIGHT. SOCIETY
BAGRAM Alina Alexeevna
student of the Far Eastern Federal University, Vladivostok
PIVKIN Maxim Yurjevich
student of the Far Eastern Federal University, Vladivostok
LOGUNOVA Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Anastasiya Andreevna
student of the Far Eastern Federal University, Vladivostok
NOSIK Dmitriy Evgenjevich
magister student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF THE ENERGY SECTOR THROUGH BLOCKCHAIN AND AI: GLOBAL PERSPECTIVES AND CHALLENGES
This study highlights the role and impact of blockchain and artificial intelligence (AI) on the global energy landscape. The article examines the key innovations and challenges associated with the application of these technologies in the energy sector, focusing on improving energy management, increasing transparency of operations and exploring new ways for innovation. Analyzing examples from different countries, the article evaluates both the current application and the future potential of blockchain and AI in improving the efficiency and security of the energy sector.
Keywords: transformation of the energy sector, blockchain in energy, AI and energy, global trends in energy, innovative energy technologies, energy resource management, security of energy systems, energy efficiency.
Bibliographic list of articles
1. Here’s how AI will accelerate the energy transition | World Economic Forum. [Electronic resource]. – Access mode: https://www.weforum.org/agenda/2021/09/this-is-how-ai-will-accelerate-the-energy-transition/
2. Volkova Yu. S. Big data in the modern world. // Scientific and methodological electronic journal “Concept”. – 2016. – T. 11. – P. 1171-1172
3. Blockchain in the Russian energy sector: advantages and prospects for digitalization of the industry – Bits Media. [Electronic resource]. – Access mode: https://bits.media/blokcheyn-v-rossiyskoy-energetike-preimushchestva-i-perspektivy-tsifrovizatsii-otrasli/
4. Sinyak N. G., Kaklauskas A., Zinkina D. V., Habib A., Sharif N., Bondarenko A. V. Using big data in assessing the economic potential of organizations. // Proceedings of BSTU. Series 5: Economics and management. – 2015. – No. 7. – P. 287
5. Article “Bigdata: The next frontier for innovation, competition and productivity.” [Electronic resource]. – Access mode: https://www.mckinsey.com/capabilities/mckinsey-digital/our-insights/big-data-the-next-frontier-for-innovation.
ECONOMY. RIGHT. SOCIETY
DONSKOY Vasiliy Andreevich
student of the Far Eastern Federal University, Vladivostok
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
KUCHUK Maxim Igorevich
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION USING BLOCKCHAIN: INTEGRATION STRATEGIES AND LEGAL ASPECTS
This article explores innovative block chains, their current state and potential for transformation of various sectors, as well as examines regulatory management strategies. The main focus is on the principles of block chains, their impact on the progress of the digital economy, as well as discussion of standardization and regulatory management strategies necessary for their integration and effective use in a variety of industries. The challenges associated with the incompatibility of various block chain systems are analyzed, and the difficulties faced by legislators and technology specialists in the process of standardization and legislative regulation of this technology are considered.
Keywords: block chains, cryptocurrencies, regulatory management, standardization, digital economy, technological progress, legislation, information security, economic opportunities, innovations.
Bibliographic list of articles
1. Bylinkina E. V. Blockchain: legal regulation and standardization // Law and Politics. – 2020. – No. 9. – P. 143-155.
2. Swan M. Blockchain: scheme of the new economy // Transl. from English – M.: OlympBusiness (Sberbank Library. T. 69). – 2017. – P. 24.
3. Minbaleev A.V., Safronov E.G. Legal nature of blockchain // Bulletin of SUSU. Series: Prain. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-priroda-blokcheyn.
4. Alekseev R. A. Prospects and problems of using blockchain technology in elections in Russia and abroad // Russian political science. – 2018. – No. 4 (9). – pp. 27-32.
5. Casey Michael J., Vigna, Paul. The Age of Cryptocurrencies: How Bitcoin and Blockchain are Changing the World Economy / Per. from English – M.: Alpina Publisher, 2019.
6. Konstantinova V. N. Blockchain in the digital economy: development prospects and legal aspects // Journal “Law and Economics”. – 2019. – No. 6. – P. 22-30.
ECONOMY. RIGHT. SOCIETY
LI Linlin
senior lecturer, Heihei University
SOME PROBLEMS OF CREATING A ZONE OF CROSS-BORDER TOURISM COOPERATION BETWEEN CHINA AND RUSSIA
The zone of cross-border tourism cooperation is a new way of developing cross-border tourism in a new era, which is a unique way of integrating high-quality tourist resources in the border areas of the two countries and jointly delimiting a certain territory for the development of tourism based on stable and harmonious international relations. The Sino-Russian border zone is one of the earliest regions of China where cross-border tourism cooperation began. This article begins with an analysis of the problems existing in the construction of a cross-border tourism cooperation zone between China and Russia, and suggests appropriate countermeasures to solve them. The article is published as part of the scientific project of fundamental and operational expenses of research in the field of higher education in Heilongjiang Province in 2021 on the topic “Research on the way to build a Sino-Russian zone of cross-border tourism cooperation in Heilongjiang Province in the post-epidemic era”, project number: 2021-KYYWF-0712.
Keywords: China-Russia, cross-border tourism cooperation zone, cross-border tourism.
Bibliographic list of articles
1. Wang I-E. Research on the development of Chinese-Russian cross-border tourism in Heilongjiang Province [D]. Master’s thesis from Mudanjiang Normal College. – 2020: 19.
2. Li Fei. Cross-border tourism cooperation zone: a new model for the development of cross-border tourism in development [J]. Science of tourism. – 2013 (10): 15-19.
3. Li Xue. Discussion of the construction of a Chinese-Russian cross-border tourism cooperation zone[J]. Foreign trade and economics. – 2018 (2): 32-35.
4. Sun Shihan. A study of Chinese-Russian cross-border tourism cooperation in the context of high-quality joint construction of the Belt and Road [D]. Master’s thesis from Harbin Normal University. – 2023: 21.
5. Hu Fusheng. Reflections on the construction of a cross-border tourism cooperation zone in the context of the Belt and Road Initiative [J] // Journal of Tourism. – 2017 (5). – P. 1-3.
6. Zhang Guanyu, Shen Xingju, Liu Susanna. Study of international regional tourism cooperation in the context of the construction of the Silk Road Economic Belt[J]. // Journal of Sichuan Normal University (social science publication). – 2015 (3). – pp. 53-58.
ECONOMY. RIGHT. SOCIETY
MAGZYANOV Vladislav Petrovich
magister student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Tatyana Andreevna
student of the Far Eastern Federal University, Vladivostok
BOTVINKO Diana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University, Vladivostok
DOVGUSHEVA Anna Vladimirovna
student of the Far Eastern Federal University, Vladivostok
SBERBANK’S ADAPTATION TO THE NEW ECONOMIC REALITY: STRATEGIES AND SOLUTIONS
This study examines how Sberbank, Russia’s leading financial institution, is adapting to the changing global economic situation and political challenges. Attention is focused on its strategic changes aimed at strengthening the stability of the bank through investing in government bonds and actively supporting small and medium-sized businesses. It highlights reactions to current geopolitical events, including international sanctions and the consequences of the COVID-19 pandemic, and analyzes how these events have affected Sberbank’s investment portfolio and overall strategy, emphasizing its role as a reliable player in the face of economic and political challenges .
Keywords: Sberbank, strategic adaptation, global economic changes, political challenges, government bonds, business support, small and medium-sized businesses, stability in the financial sector, the Russian banking sector, the COVID-19 pandemic.
Bibliographic list of articles
1. External sector statistics. International investment position. © Bank of Russia, 2000-2022. [Electronic resource]. – Access mode: https://cbr.ru/statistics/macro_itm/svs/
2. 100 reliable Russian banks – 2022. Forbes rating | Forbes.ru. [Electronic resource]. – Access mode: https://www.forbes.ru/rating/459867-100-nadeznyh-rossijskih-bankov-2022-rejting-forbes.
3. Bank ratings. Financial ratings. © 2005—2022 Information Agency “Banks.ru”. [Electronic resource]. – Access mode: https://www.banki.ru/banks/ratings/
4. Russian banks could make record profits in 2023 – Russian Сentral Bank | Reuters. [Electronic resource]. – Access mode: https://www.reuters.com/business/finance/russian-banks-could-make-record-profits-2023-russian-entral-bank-2023-11-08/
5. McKinsey’s Global Banking Annual Review 2023: The Great Banking Transition / McKinsey. [Electronic resource]. – Access mode: https://www.mckinsey.com/industries/financial-services/our-insights/global-banking-annual-review.
ECONOMY. RIGHT. SOCIETY
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
BELOUSOV Nikita Alekseevich
student of the Far Eastern Federal University, Vladivostok
KHLYUPOV Ilya Viktorovich
student of the Far Eastern Federal University, Vladivostok
VERKHOTUROVA Darya Alekseevna
student of the Far Eastern Federal University, Vladivostok
VDOVENKOVA Olga Viktorovna
student of the Far Eastern Federal University, Vladivostok
MINIMIZING THE ECONOMIC CONSEQUENCES OF THE GLOBAL ENERGY TRANSITION FOR LARGE ENERGY-INTENSIVE CONSUMERS: STRATEGIES AND SOLUTIONS
This study focuses on the analysis and development of strategies to minimize the economic consequences of the global energy transition for large energy-intensive consumers. It explores the impact of the transition to renewable energy sources and decarbonization strategies on the economic stability and sustainability of such consumers. The paper examines key factors, including technological progress, electricity generation costs, and suggests methods to reduce financial risks, such as mixed financing and public-private partnerships. The study highlights the importance of adapting corporate policy and management in the context of the energy transition.
Keywords: global energy transition, energy-intensive consumers, decarbonization, renewable energy, mixed financing, public-private partnership, sustainable development, corporate adaptation, technological progress, investment risks.
Bibliographic list of articles
1. Liisa Õunmaa. “What are the socio-economic impacts of an energy transition?” United Nations Development Programme. [Electronic resource]. – Access mode: www.undp.org
2. “Energy Transitions in Russia – Climate Strategies.” Climate Strategies. [Electronic resource]. – Access mode: climatestrategies.org
3. “Energy Transition’s Impact on Global GDP.” United Nations Development Programme. [Electronic resource]. – Access mode: www.undp.org
4. “Jobs in the Energy Transition.” United Nations Development Programme. [Electronic resource]. – Access mode: www.undp.org
5. “Just Energy Transitions for Europe and Beyond.” Frontiers Research Topic. [Electronic resource]. – Access mode: www.frontiersin.org.
ECONOMY. RIGHT. SOCIETY
NOSIK Dmitry Evgenievich
magister student of the Far Eastern Federal University, Vladivostok
PIVKIN Maxim Yurjevich
student of the Far Eastern Federal University, Vladivostok
LOGUNOVA Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
BAGRAM Alina Alexeevna
student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Anastasiya Andreevna
student of the Far Eastern Federal University, Vladivostok
THE EVOLUTION OF INTERNATIONAL TRADE IN THE BRICS COUNTRIES: IN-DEPTH ANALYSIS OF CHINA’S INFLUENCE
This review provides an in-depth analysis of the BRICS countries’ international trade, with an emphasis on China’s strategic role. By examining statistical data, the survey identifies key trends and challenges faced by these countries, including the effects of global events such as international sanctions, trade disputes and the COVID-19 pandemic. Particular attention is paid to changes in the trade balance, export-importdynamics, and how China contributes to strengthening BRICS economic ties in the international arena.
Keywords: BRICS, international trade, global economic challenges, sanctions, economic relations, geopolitics, exports, imports.
Bibliographic list of articles
1. Dovydenko V. A. BRICS countries on the world stage: analysis and development prospects. – 2021. – pp. 88–92.
2. Fesenko E. S. BRICS countries in the global economy. – Scythian. Questions of student science. – 2021. – pp. 442-446.
3. Dzilikhov N. S. History of the formation of BRICS // Bulletin of the Russian New University. Series: Man and Society. – 2020. – No. 1. – P. 14-18.
4. Rinchinov A. B. Conceptualization of China’s foreign policy: a product of ambitions or circumstances? // Russian-Chinese studies. – 2021. – T. 5. – No. 3. – P. 160-167.
5. Solovyova V. A., Yagya T. S. Activities of the People’s Republic of China within the framework of BRICS // Russia in the global world. – 2022. – No. 22 (45). – pp. 117-125.
6. Zhang, Y. and Jiang, L. “The Impact of COVID-19 on the Global Trade and Investment Flows: A Closer Look at the BRICS Economies” // Journal of International Trade & Economic Development. – 2021. – Vol. 30.No. 7. – P. 1036-1051.
ECONOMY. RIGHT. SOCIETY
REPYAKH Anastasiya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
GRIGORJEV Anatoliy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
DMITRIEVA Alice Igorevna
student of the Far Eastern Federal University, Vladivostok
KLOCHKO Irina Vadimovna
student of the Far Eastern Federal University, Vladivostok
TIKAKHINA Tatyana Alexandrovna
student of the Far Eastern Federal University, Vladivostok
RISK AND RESOURCE MANAGEMENT STRATEGIES IN RUSSIAN BANKS DURING THE PERIOD OF ECONOMIC CHALLENGES
This article explores how Russian commercial banks are adapting their risk and resource management strategies in response to economic challenges, including the COVID-19 pandemic and geopolitical shifts. The emphasis is on analyzing credit risk, strengthening the capital base and adapting to changing conditions of government regulation. The article highlights the key strategies that have allowed banks to increase their stability and contribute to the stability of the financial system in difficult conditions.
Keywords: risk management strategies, Russian commercial banks, economic challenges, credit risk, capital sustainability, COVID-19, geopolitical changes, financial stability, government regulation.
Bibliographic list of articles
1. Kleparskaya K. Yu. Development of the Russian banking system // Current research. – 2021. – No. 24 (51). – pp. 91-97.
2. Kosivchenko V.K. Banking resources: their formation and use // Current issues of modern science and education. – 2022. – pp. 109-111.
3. Muratova D. B. Features of risk management in commercial banks // Forum. Series: Humanities and economics. – 2022. – No. 3 (26). – pp. 18-23.
4. Peregudova T. A. Influence of factors on the formation of bank resources // Globus. – 2020. – No. 11 (57). – pp. 59-64.
5. Zheleznova A. Yu. Modern trends in the development of the risk management system of a commercial bank in Russia // Modern aspects of the transformation of the financial and credit system. – 2020. – pp. 121-126.
6. Itasheva N.K. Risk management in a bank and determination of market risk // Internauka. – 2022. – No. 19-1 (242). – pp. 62-64.
7. Allen Franklin, and Elena Carletti. Banking and Markets: The Changing Character of European Finance // Journal of Financial Intermediation. – 2014. – Vol. 23. – No. 3. – Рp. 432-451.
8. Gorton Gary and Andrew Metrick. Securitized Banking and the Run-on Repo // Journal of Financial Economics. – 2012. – Vol. 104. – No. 3. – Рp. 425-451.
ECONOMY. RIGHT. SOCIETY
PIVKIN Maxim Yurjevich
student of the Far Eastern Federal University, Vladivostok
NOSIK Dmitry Evgenievich
magister student of the Far Eastern Federal University, Vladivostok
TSELISHCHEVA Anastasiya Andreevna
student of the Far Eastern Federal University, Vladivostok
BAGRAM Alina Alexeevna
student of the Far Eastern Federal University, Vladivostok
LOGUNOVA Anastasiya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
THE VERSATILITY OF INSURANCE INTEREST: LEGAL AND ECONOMIC DIMENSIONS IN INSURANCE
This article provides an in-depth analysis of the versatility of insurancece interest and its impact on the insurance industry. The legal basis of the insurance interest and its role in ensuring the effectiveness of insurance policies are considered. Special attention is paid to the study of the impact of insurance interest on the management of moral risks, as well as on the pricing process and the development of insurance products. The article also analyzes the ethical aspects of insurance interest in the context of life and corporate insurance, emphasizing its importance for maintaining responsibility in the insurance business. The material will be useful for insurance professionals, researchers and students interested in the basics and principles of insurance.
Keywords: insurance interest, legal basis of insurance, moral hazard, pricing in insurance, ethics in the insurance industry, risk management, life insurance, corporate insurance.
Bibliographic list of articles
1. Turbina K. E. Modern understanding of property interests // Finance. – 2019. – No. 11. – pp. 13-20.
2. Gurov A.V. Insurable interest and legal fact // Controversial issues. Law. – 2020. – No. 11. – P. 50-80.
3. Braginsky M. I, Vitryansky V. V. Contract law. Book 3. Contracts for the performance of work and provision of services. – M., 2019. – P. 40-81.
4. Abramov V. Yu. The concept of unprofitability of insurance interest in insurance contracts // Economy and Law. – 2021. – No. 6. – P. 50-66.
5. Abramov V. Yu. Significant signs of insurance interest // Legal and legal work in insurance. – 2021. – No. 2. – P. 70-100.
6. Nikulina S.S. The role of insurance interest in the development of insurance services. Bulletin of Economics and Law. – 2020. – No. 4.- P. 95-110.
7. Vaughn, Mark J. Principles of Risk Management, and Insurance. – Cambridge: Cambridge University Press, 2022. – pp. 117-135.
ECONOMY. RIGHT. SOCIETY
SKACHKOVA Margarita Alekseevna
student of the Far Eastern Federal University, Vladivostok
GOMENYUK Maxim Anatoljevich
student of the Far Eastern Federal University, Vladivostok
BASENKO Denis Viktorovich
student of the Far Eastern Federal University, Vladivostok
KLEMENTJEVA Darya Andreevna
student of the Far Eastern Federal University, Vladivostok
VETROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
ABENOMICS GROWTH STRATEGY IN THE ERA OF LOW FERTILITY AND POPULATION AGING: ANALYSIS AND PROSPECTS
This study analyzes the growth strategy adopted by the Government of Shinzo Abe in Japan in response to complex demographic challenges, including low fertility and an aging population. The article evaluates the effectiveness of Abenomics and its second phase, which focuses on the labor market, child care and education policies. It discusses how this policy departs from the traditional approaches of conservative/right-wing governments, focusing on investments in human resources and the cycle of growth and distribution. The analysis includes an assessment of previous Japanese governments and discusses how Abe’s policy decisions have adapted to the country’s unique socio-economic conditions.
Keywords: Abenomics, Japan, demographic challenges, low birth rate, aging population, labor market, social policy, economic growth, growth strategy, child care policy.
Bibliographic list of articles
1. Kim Kyu-Pan, Lee Hyung-Keun, Kim Seung-Hyun, Lee Jung-Eun. 2016. “Implementation Performance and Objectives of Abenomics Growth Strategy.” – Sejong: Korea Institute for International Economic Policy.
2. Lee Seung-Ju “The Political Economy of Abenomics: The Political Origins of Political Distinctiveness” // Social Science Research. – 2018. – Vol. 25. No. 4. – R. 95-118.
3. Song Ji-Yeon “Labor Policies for Economic Recovery and Overcoming Labor Shortages,” in “The Abe Era: Japan’s National Strategy” edited by Park Cheol-Hee. – Seoul: Seoul National University Press, 2018. – R. 391-425.
4. Lee Chang-Min “Abenomics Aimed at Escaping Deflation,” in “The Abe Era: Japan’s National Strategy” edited by Park Cheol-Hee. – Seoul: Seoul National University Press, 2018. – R. 237-271.
5. Kwon Soon-Mi. “Policy Shift of the Democratic Party of Japan: From Welfare without Tax Increase to Welfare for Tax Increase” // Korean Party Studies Association Journal. – 2015. – Vol. 14. No. 1. – R. 37-62.
6. Lee Jung-Hwan. “Policy Shift and Division of the Democratic Party of Japan on the Consumption Tax Increase” // Korean Political Science Association Journal. – 2013. – Vol. 47. No. 2. – R. 149-167.
7. Jung Mi-Ae. “The Political Process Surrounding the Expansion of Welfare without Tax Increases by the Democratic Party of Japan” // International Politics Reviews. – 2013. – Vol. 53. No. 1. – R. 185-218.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economical sciences of the Ufa State Petroleum Technical University
MULLASHEV Ural Robertovich
magister student of the Ufa State Petroleum Technical University
IMPROVING THE EFFICIENCY OF OIL COMPANY PROCUREMENT MANAGEMENT IN THE CONTEXT OF DIGITAL BUSINESS TRANSFORMATION
The article presents the results of the development of a methodological approach to assessing the economic efficiency of the introduction of digital technologies and digital solutions in the procurement activities of an oil company.The results were tested on the example of the oil company Gazprom Neft PJSC, whose headquarters is located in St. Petersburg. The results obtained indicate that the introduction of BigData technology into the company’s free inventory management system is effective.
Keywords: economic efficiency, digital technologies, procurement, investment activity, cash flow discounting, efficiency assessment methods.
Bibliographic list of articles
1. Leibert T. B., Khalikova E. A. Formation of a financial model of a business project using project financing tools // Audit and financial analysis. – 2013. – No. 6. – P. 123-129.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Viktor Nikolaevich
Ph.D. in philosophical sciences, professor, professor of the Institute of Continuing Education “Vector of Development” of the M. Akmulla Bashkir State Pedagogical University
AXIOMS OF NEOCLASSICAL PHILOSOPHY
This article defines the axioms of neoclassical philosophy, based on its modern formation and development, identifies the interaction between these axioms, draws attention to the removal of the axioms of classical, non-classical and post-non-classical philosophy in them , examines the relationship of the axioms of neoclassical philosophy with types (forms) of worldview.
Keywords: axioms of neoclassical philosophy, neoclassical philosophy, classical philosophy, non-classical philosophy, post-non-classical philosophy, removal of philosophical axioms, types (forms) of worldview.
Bibliographic list of articles
1. Aristotle. Works in four volumes. T. 2. Ed. Z. N. Mikeladze. – M.: “Thought”, 1978.
2. Bondarenko V. N. On the formation of neoclassical philosophy // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 465-466.
3. Bondarenko V. N. Spiritual meetings with the hero: philosophical and psychological poem. – Ufa: RIC BashSU, 2015.
4. Hegel. Encyclopedia of Philosophical Sciences. T. 1. Science of logic. – M.: “Thought”, 1975.
5. Lossky N. O. Sensual, intellectual and mystical intuition / Comp. A. P. Polyakov; Prepare text and notes R. K Medvedeva. – M.: Republic, 1995.
6. Osho. The path of the mystic. – St. Petersburg: IG “Ves”, 2018.
7. Soviet encyclopedic dictionary / Ch. ed. A. M. Prokhorov. – 4th ed. – M.: Sov. Encyclopedia, 1988.
8. Philosophical Encyclopedic Dictionary / Ch. editor: L. F. Ilyichev, P. N. Fedoseev, S. M. Kovalev, V. G. Panov. – M.: Sov. Encyclopedia, 1983.
PHILOSOPHY. RIGHT. SOCIETY
ABDULAEVA Ilmira Abduragimovna
Ph.D. in philosophical sciences, associate professor, Head of Economics, legal and general education disciplines sub-faculty of the Dagestan State University, branch in Kizlyar
THE PROBLEM OF KNOWING THE ESSENCE OF HUMANITY BY THE EXAMPLE OF EXISTENTIAL AND SOCIOLOGICAL APPROACHES
The article examines a particularly significant and pressing problem of the human in man, the idea of his integrity, the unity of his essence, which permeates the entire history of human development and naturally becomes a fundamental position in the development of scientific approaches . The relevance of the work is due to the existing constant interest in the human problem. There have been different approaches to understanding the problem of knowing the essence of man. In the course of analyzing a number of approaches to identifying the essence of a person, which are grouped according to one or another characteristic that units them, the author proposes to consider in the article the features of the existential and sociological approaches. Keywords: cognition, essence, existentialism, spirituality, imperative, personality, society.
Bibliographic list of articles
1. Descartes R. Works in 2 volumes: Trans. from lat. and fr. T. 2 / Comp., ed. and note. V.V. Sokolova. – M.: Mysl, 1994. – 633p.
2. Sartre J.P. Being and Nothingness: Experience of Phenomenological Ontology / Transl. from French, preface, note. V. I. Kolyadko. – M.: Republic, 2000. – 639 p.
3. Camus A. Rebel Man. – M.: Politizdat, 1990. – P. 25-33
4. Nietzsche F. Thus Spoke Zarathustra. A book for everyone and no one / Trans. with him. Yu. Antonovsky. – M.: AST, 2017. – 416 p.
5. Buber M. I and Thou. – New York, 1971. – P. 63.
6. Florensky P. A. Pillar and Statement of Truth. – M., 1990. – T. 1 (1, 2).
7. Baudrillard J. Simulacra and simulations / [Trans. from fr. A. Kachalova]. – M.: Publishing house “POSTUM”, 2015. – 240 p.
8. Timoshevsky A.V., Savin V.V. Human transgressions: from a person in culture to a culture without a person // Bulletin of St. Petersburg State Institute of Cinematography. – 2020. – No. 1 (42). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transgressii-chelovecheskogo-ot-cheloveka-v-kulture-k-kulture-bez-cheloveka (date of access: 11/17/2023).
9. Heidegger M. Being and time. – M.: Ad Marginem, 1997. – 451 p.
10. Vavilov A.V. Dasein – (non)human in man? // History of philosophy. – 2020. – No. 1. – P. 62-72.
PHILOSOPHY. RIGHT. SOCIETY
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and social and humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
EUTHANASIA IN THE PUBLIC UNDERSTANDING OF RUSSIANS
The article shows the problems of euthanasia in the context of the moral, psychological and socio-legal system of modern Russian society. The conditions for constructing public opinion on euthanasia issues are highlighted, and the humanistic and legal conditions for disclosing this issue are shown. The ongoing research made it possible to identify four focuses of understanding the issues of euthanasia, depending on the level of professional involvement in the problem and philistine judgments; generational and gender differences; as well as territorial characteristics of the perception of the phenomenon of euthanasia. The positive and negative aspects of euthanasia were also highlighted.
Keywords: euthanasia, social and philosophical assessment, psychological conditions, social empathy, legal norms, moral norms.
Bibliographic list of articles
1. Ardashev R. G. Understanding the phenomenon of euthanasia in the public consciousness // Philosophy of health: an integral approach: interuniversity. collection of scientific papers. Issue 12 / Federal State Budgetary Educational Institution of Higher Education ISMU of the Ministry of Health of Russia, Department of Clinical, Social Psychology and Humanities; ed. I. A. Borisov, T. A. Voronova, A. N. Pruzhinin, A. V. Zavyalov. – Irkutsk: IGMU, 2023. – Issue. 12. – pp. 40-45.
2. Ardashev R. G. Euthanasia as a social problem // Global challenges and regional development in the mirror of sociological measurements. Proceedings of the VIII International Scientific and Practical Internet Conference. – Vologda: Vol NC RAS, 2023. – pp. 43-46.
3. Ardashev R. G. Investigation of cases of euthanasia associated with post-criminal suicide // II International book publication of the countries of the Commonwealth of Independent States “BEST TEACHER – 2022”. – Nur-Sultan, 2022. – pp. 35-36.
4. Ardashev R. G. Facts of euthanasia aggravated by post-criminal suicide // Current problems of the modern Russian state and law. Materials of the annual All-Russian scientific and practical conference. Rep. editor S. A. Starostina. – Kaliningrad, 2022. – pp. 14-17.
5. Ardashev R. G., Arkhipova A. N., Turkova V. N. Problematic issues in the investigation of facts of euthanasia associated with post-criminal suicide of murderers // Eurasian Legal Journal. – 2022. – No. 3 (166). – pp. 362-363.
6. Ardashev R. G., Arkhipova A. N., Turkova V. N. Investigation of cases of euthanasia associated with post-criminal suicide of killers // Law and Law. – 2022. – No. 5. – P. 110-112.
7. Polyushkevich O. A. Morality and social identity in prosocial practices // Sociology. – 2023. – No. 1. – P. 79-85.
8. Polyushkevich O. A. Moral choice in the structure of prosocial behavior // Problem of the relationship between natural and social in society and man. – 2020. – No. 11. – P. 127-131.
9. Starodubtseva I. A., Rodionova G. G. Euthanasia as the right to dispose of life: discussion “for” and “against” // Constitutionalism and State Studies. – 2020. – No. 4 (20). – pp. 12-19.
10. Taitorina B. A., Abdukarimova Z. T., Bogatyreva L. B. The phenomenon of euthanasia: ethical, medical and legal aspects // Bulletin of the Kazakh National University. Legal series. – 2020. – T. 93. – No. 1. – P. 12-20.
PHILOSOPHY. RIGHT. SOCIETY
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
OSADCHIY Alexander Alexeevich
postgraduate student of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
FEATURES OF SOCIOCULTURAL RISKS IN THE CONTEXT OF DIGITALIZATION OF SOCIOCULTURAL PRACTICES
The paper examines the social effects and risks of digitalization. Risks have both negative and positive implications in the implementation of sociocultural development scenarios. The risks of digitalization appeared and increased as the expansion of various digital technologies into various sociocultural practices increased. At the first stage of the formation of the information society, the accompanying sociocultural risks were associated with the interpretation of events by the media, the struggle of ideologies and narratives, as well as with the dominance of the “simulacrum” phenomenon. In the knowledge society, the sociocultural risks of digitalization have become actualized in socio-economic practices, in particular in the relations of subjects in the production process, its management and distribution of benefits. In the conditions of intensification of digitalization processes, risks affect everyday practices, value guidelines of a person’s life in society and the personal and existential foundations of his life, including identity.
Keywords: information society, knowledge society, digitalization, mediatization, sociocultural risks, social practices, technology.
Bibliographic list of articles
1. Avdeev E. A., Baklanov I. S., Baklanova O. A. Sociocultural dynamics of modernity: transformation of the communication space of culture // Modern problems of science and education. – 2014. – No. 4. – P. 567.
2. Balyk A. S., Semkina E. N. Globalization, technologization, informatization, digitalization – modern trends transforming society – philosophical understanding of risks and threats // Siberian Anthropological Journal. – 2020. – T. 4. – No. 3. – P. 185-193.
3. Baklanov I. S., Pelevin S. I. Technologies and technological consciousness in the evolution of post-industrialism: from the information society to the knowledge society and digital society // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2022. – No. 1. – P. 60-67.
4. Baklanova O. A., Syomkin A. V., Yugai V. V. Value foundations of sociocultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
5. Gubanova M. A. Transformation of a person in a global network society // Bulletin of the Armavir State Pedagogical University. – 2020. – No. 4. – P. 103-109.
6. Denisenko S.V., Baklanov I.S. Modern philosophy of technology: moral principles // Eurasian Legal Journal. – 2020. – No. 8 (147). – pp. 422-424.
7. Mikeeva O. A. Analysis of methodology and directions of research of modern social reality // Social and humanitarian knowledge. – 2009. – No. 9. – P. 241-247.
8. Pokhilko A.D. Foundations of social self-determination // Humanitarian and socio-economic sciences. – 2010. – No. 3 (52). – pp. 26-29.
9. Shmatko A. A., Pokhilko A. D., Gubanova M. A. Modalities of social transformations // Humanitarian and social sciences. – 2015. – No. 4. – P. 53-62
10. Babushkina D., Votsis A. Disruption, Technology and the Question of (Artificial) identity // AI and Ethics. – 2021. – V. 2. – No. 4. – R. 611-622.
11. Belikova I. P., Ivashova V. A., Baklanova O. A., Lazareva N. V., Semenova L. Factor Model Of Expert Opinions on Risks Assessment for Territorial Development // XIV International Scientific Conference “INTERAGROMASH 2021″. V. 1. Lecture Notes in Networks and Systems, 2022. – R. 861-869.
12. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, Social And Psychological Factors of the Conservative Consumer Towards Legal Cannabis Use-A Review since 2013 // Sustainability. – 2022. – V. 14. – No. 17. – R. 10993.
13. Vinokursky D. L., Mezentseva O. S., Samoylov Ph. V., Ganshin K. Y., Baklanova O. A. Model Predictive Control for Path Planning of UAV Group // IOP Conference Series: Materials Science and Engineering. III International Scientific Conference. – Krasnoyarsk, 2021. – P. 12092.
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
SVIRIDOV Ruslan Evgenjevich
lecturer of Fire and tactical-special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
PREVENTION OF FEAR AND ANXIETY IN CONDITIONS OF SOCIAL CONFLICTS
If you feel irritability, depression, pain, insomnia every day, worry about various symptoms of physical discomfort and cannot lead your daily life happily, are in a bad emotional state, feel deviant manifestations, this means that your spiritual state is not normal, that you expect too much from contingent existence. Nerves, worries, fear, irritability, inability to make the right decisions, poor family relationships, stress, anxiety – all these are signs of modern hectic life. Among various mental disorders, anxiety disorders occupy one of the first places. Psychologists and neuropsychiatric dispensaries cannot track the wave of disorders of mixed etiology (mood disorders, anxiety disorders, disorders associated with alcohol and drug use, intermittent explosive disorder, eating disorders, schizophrenia, psychotic disorders, senile dementia, etc. What can they do the patients themselves?
Keywords: stress, anxiety, irritability, disharmony, deviation, conflict, self-organization, self-control, psychological health of Russians.
Bibliographic list of articles
1. Balabanova M. A. Prevention and therapy of anxiety and fear in preschool children // Bulletin of pedagogy and psychology. – 2012. – No. 1. – P. 18-25.
2. Morozov V. M., Timoshchuk A. S. Moral values and the future of humanity // Bulletin of the Vladimir Law Institute. – 2018. – No. 1 (46). – pp. 180-184.
3. Rozin V. M. Fear and anxiety: the nature of the phenomenon // Psychology and psychotechnics. – 2014. – Doi 10.7256/2070-8955.2014.5.10666.
4. Timoshchuk A. S. Education as a determinant of the ethno-confessional stability of the state // Bulletin of Kostroma State University named after N. A. Nekrasov. Pedagogy series. Psychology. Social work. Juvenology. Sociokinetics. – 2015. – No. 2 (21). – pp. 11-14.
5. Timoshchuk A. S. The role of education in relieving ethno-confessional tensions // Civil self-organization of Russian society. – Vladimir, 2009. – P. 107-114.
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technologies and systems sub-faculty of the Bryansk State Technical University
SOCIO-PHILOSOPHICAL UNDERSTANDING OF THE IMPORTANCE OF APPLYING THE PRINCIPLES OF ERGONOMIC DESIGN IN THE MANUFACTURE OF STONE TOOLS IN THE PERIOD OF COLLECTIVE SOCIETY
The article discusses the issues of socio-philosophical understanding of the feasibility of applying the principles of ergonomic design in the manufacture of stone tools during the period of collective society. Ergonomic design is considered as a phenomenon that contributes to the adaptation of hand-made equipment to the conditions of the natural environment, increasing the chances of human survival and overcoming natural selection. The article raises questions about the need to consider ergonomics and ergonomic design in a broad and narrow sense in order to realize the importance of this phenomenon in the process of social development. Special attention is paid to issues related to the impact of the convenience of using tools in the historical process of formation and evolution of social energy. The considered approach proves the application of empirical testing of tools in the Paleolithic period and as a result of the emergence of the phenomenon of ergonomic design and ergonomics characterized by conscious techniques of processing tools that increase its usability.
Keywords: ergonomic design, ergodesign, biosphere, collective society.
Bibliographic list of articles
1. Demidenko E. S. Noospheric ascent of earthly life. – M., 2003. – P. 143.
2. Dergacheva E. A. Philosophy of technogenic society. – M.: Lenand, 2011. – 216 p.
3. Zinchenko V. P., Munipov V. M. Towards the theory of ergonomics // “Technical Aesthetics”. – 1977. – No. 6.
4. Kuzmenko A. A. Philosophical understanding of the formation of the phenomenon of ergonomics and the principles of ergonomic design (ergodesign) of tools during the period of the collective society // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 381-383.
5. Martynov A.I. M 29 Archeology: Textbook. — 4th ed., rev. and additional – M.: Vyssh. school, 2002. – 439 pp.
6. Moiseev N. N. Universum. Information. Society. – M., 2001. – P. 69.
7. Nazaretyan A.P. Civilization crises in the context of Universal history. – M., 2001. – P. 112.
8. Reimers N. F. Nature management: Dictionary-reference book. – M., 1990. – P. 444.
9. Baena J. P., Navas C. T., Diaz S. P., Bustos-Perez G., & Romagnoli F. To grip or not to grip: An experimental approach for understanding the use of prehensile areas in Mousterian Tools // Boletin de Arqueologia Experimental. – 2016. – No. 11. – R. 200-218
10. Borel A., Cheze L., & Pouydebat E. Sequence analysis of grip and manipulation during tool using tasks: A new method to analyze hand use strategies and examine human specificities // Journal of Archaeological Method and Theory. – 2017. – No. 24. – R. 751-775.
11. Key A. J. M. Integrating mechanical and ergonomic research within functional and morphological analyzes of lithic cutting technology: Key principles and future experimental directions // Ethnoarchaeology. – 2016. – No. 8 (1). – R. 69-89.
12. Key A. J. M., & Lycett S. J. Investigating interrelationships between Lower Palaeolithic stone tool effectiveness and tool user biometric variation: Implications for technological and evolutionary changes // Archaeological and Anthropological Sciences. – 218. – No. 10. – R. 989–1006.
13. Marzke M. W. (1997). Precision grips, hand morphology, and tools // American Journal of Physical Anthropology. – 1997. – No. 102 (1). – R. 91-110.
14. Marzke M. W. Tool making, hand morphology, and fossil hominins. Philosophical Transactions of the Royal Society of London. Series B // Biological Sciences. – 2013. – No. 368 (1630). – R. 20120414.
15. Williams-Hatala E. M., Hatala K. G., Gordon M., Key A., Kasper M., & Kivell T. L. The manual pressures of stone tool behaviors and their implications for the evolution of the human hand // Journal of Human Evolution. – 2018. – No. 119. – R. 14-26.
16. Wynn T. (2021). Ergonomic clusters and displaced affordances in early lithic technology // Adaptive Behavior. – 2021. – No. 29 (2). – R. 181-195.
PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
KYSHTYMOVA Irina Mikhaylovna
Ph.D. in psychological sciences, professor of the Irkutsk State University
KIRILLOVA Kseniya Andreevna
assistant of Sports and outdoor games sub-faculty of the Nizhnevartovsk State University
TOCHIEVA Leila Ibragimovna
senior lecturer of the Ingush State University, Magas
THE VALUES OF TUNING FORK CULTURE AND THEIR ROLE IN THE PROCESSES OF PERSONALITY FORMATION
The concept of “values of tuning fork culture” is considered in a number of semantically similar concepts, its significance is substantiated. The sources of translation of the values of tuning fork culture and the forms of developing work with students in the conditions of the basic educational process are characterized. The content of the concept of “inculturation” is clarified, the data of experimental verification of the hypothesis of its productivity for the processes of personality formation are presented.
Keywords: values, value universals, tuning fork culture, inculturation, value eclecticism, values of tuning fork culture.
Bibliographic list of articles
1. Bratus B. S. General psychological theory of activity and the problem of units of personality analysis // A. N. Leontiev and modern psychology: collection. Art. in memory of A. N. Leontyev / Ed. A. V. Zaporozhets and others – M., 1983. – P. 212-220.
2. Brodsky I. A. Nobel lecture // Selected poems, 1957-1992. – M., 1994. – P. 464-487.
3. Krolevetskaya E. N., Kormakova V. N., Makotrova G. V. [etc.]. Competencies of a teacher of the 21st century: development of polysubjectivity: textbook. allowance. – Belgorod: Publishing House “BelGU” National Research University “BelSU”, 2022. – 256 p.
4. Krolevetskaya E. N. Polysubjectivity of the future teacher: concept and technology of development. – Belgorod: Publishing House “BelGU” National Research University “BelSU”, 2023. – 356 pp.
5. Kyshtymova I. M. Psychosemiotics of creativity. – Irkutsk: ISU Publishing House, 2008. – 579 p.
6. Madzhuga A. G., Vorovshchikov S. G., Golovneva E. V., Salimova R. M. Human tuning fork culture: conceptual approaches to the study of the phenomenon // Perspectives of science and education. – 2019. – No. 6 (42). – pp. 20-30. doi: 10.32744/pse.2019.6.2.
7. Rozin V. M. Personality and its study. – M.: Editorial URSS, 2004. – 232 p.
8. Rubinstein S. L. Being and consciousness. Man and the world. – St. Petersburg: Peter, 2003. – 512 p.
9. Decree of the President of the Russian Federation of November 9, 2022 No. 809 “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values”, ensuring the national security of the Russian Federation, the priority “Protection of traditional Russian spiritual and moral values, culture and historical memory.” – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/405579061/ (access date: 11/12/2023).
10. Earsnsky K.D. Russian school / Comp., preface, commentary. V. O. Gusakova / Rep. ed. O. A. Platonov. – M.: Institute of Russian Civilization, 2015. – 688 p.
11. Feldman Ya. A. Theory of levels and the human model. – M.: Good Word, 2005. – 224 p.
12. Frankl V. Man in search of meaning: collection. – M.: Progress, 1990. – 368 p.
13. Shakhova I. S. Development of patriotism among conscript soldiers during army service // News of the Irkutsk State University. Psychology Series. – T. 25. 2018. – P. 89-103.
14. Kidd M. A. Archetypes, stereotypes and media representation in a multi-cultural society // Procedia Social and Behavioral Sciences. – 2016. – Vol. 236. – R. 25–28. DOI: 10.1016/j.sbspro.2016.12.007.
15. Nagel J. Constructing Ethnicity – Creating and Recreating Ethnic-Identity and Culture // Social Problems. – 1994. – Vol. 41, is. 1. – R. 152–176. DOI: 10.1525/sp.1994.41.1.03x0430n.
PHILOSOPHY. RIGHT. SOCIETY
PETLITSYN Roman Andreevich
postgraduate student of Social and humanitarian disciplines sub-faculty of the North Caucasus Social Institute, Stavropol
KHVOSTOVA Svetlana Grigorievna
postgraduate student of Social and humanitarian sciences sub-faculty of the M. I. Platov South Russian State Polytechnic University (NPI), Novocherkassk
YAKSHIN Sergey Viktorovich
postgraduate student of Social and humanitarian sciences sub-faculty of the M. I. Platov South Russian State Polytechnic University (NPI), Novocherkassk
RISKS OF TECHNOLOGICAL DEVELOPMENT OF SOCIETY: INTERACTION OF INNOVATIONS, TRADITIONS AND SOCIAL NORMS
The article examines the risks that arise in the process of interaction between innovations, traditions and social norms. In the modern world, sociocultural risks of technological development are growing qualitatively and quantitatively, complicating the practices of interaction between innovations, traditions and social norms, and giving rise to many threats and challenges for individuals and society. In the process of the evolution of society and technological development, there is a transfer of social significance from religious norms to moral and legal norms, but this process is uneven. Media technologies, which are the result of technological development, enhance the growth of social myths in modern society. The use of social myths within sociocultural practices has a high risk potential. With the development of technology, the manifestation of positive and negative consequences of sociocultural risks is diversifying.
Keywords: society, risk, social norms, innovation, traditions, technology, social myths.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Balastrova K. N. Specificity of value orientations in the conditions of the formation of a knowledge society // Economic and humanitarian studies of regions. – 2017. – No. 6. – P. 66-69.
3. Beck U. Risk Society. On the way to another Modernity. – M, 2000. – 384 p.
4. Bernyukevich T.V. Technology in culture: the embodiment of the divine and the transformation of the natural (N.F. Fedorov, P.A. Florensky, F. Dessauer) // Postgraduate Bulletin of the Volga Region. – 2020. – No. 7-8. – pp. 31-36.
5. Denisenko S.V., Baklanova O.A., Baklanov I.S. Technology as a factor of social development // Eurasian Legal Journal. – 2020. – No. 8 (147). – pp. 445-447.
6. Dushina T.V., Mikeeva O.A. “Risk society” as a representative model of modern society // Personality. Culture. Society. – 2009. – T. 11. – No. 4 (51-52). – pp. 196-202.
7. Lukyanov G.I. Conceptual justification of risk in the context of social reality // Philosophy and culture. – 2011. – No. 11 (47). – pp. 59-65.
8. Lukyanov G.I., Chernysheva D.S. The concept of risk in the experience of social and philosophical reflection of our time // Vestnik VIEPP. – 2021. – No. 2. – P. 39-44.
9. Tenyakov A.V., Nagapetova A.G., Pokhilko A.D. Traditions, innovations and innovations in sociocultural development // Humanitarian and social sciences. – 2019. – No. 5. – P. 51-60.
10. Habermas Yu. Post-secular society – what is it? // Russian philosophical newspaper. – 2008. – No. 4, 5.
11. Habermas Yu. Between naturalism and religion. Philosophical articles. – M., 2011. – 336 pp.
12. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – R. 41-47.
13. Burlova Yu., Baklanova O. Normative Conditioning of the Consciousness of the Society Subject: Sociocultural Approach // Science Almanac of Black Sea Region Countries. – 2022. – No. 4 (32). – R. 3-9.
14. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclpusiones. – 2020. – V. 7. – No. 4. – R. 362-368.
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in philosophical sciences, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University; associate professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
TRANSFORMATIONS OF COMMUNICATIONS IN THE DIGITAL WORLD: PHILOSOPHICAL ANALYSIS (PART 1)
The article presents a philosophical analysis of changes in communication in the realities of the digital era. To reveal the stated goal, the author turns to the works of classics and modern thinkers. The main vectors of communication transformation have been recorded. At the conclusion of the first part of the work, the interim results of the study are summed up.
Keywords: communication, digitalization, society, technology, intelligence.
Bibliographic list of articles
1. Azaryan D. A., Pronchev G. B. Modern Internet technologies and personal security // Young scientist. – 2016. – No. 3. – P. 61-63.
2. Erokhin V. S., Erokhin N. V. Communication as a social phenomenon // Manuscript. – 2021. – T. 16. – No. 3. – P. 500-504.
3. Erokhin V. S. Trends in the transformation of social practices and personal identification // News of Saratov University. New episode. Series Philosophy. Psychology. Pedagogy. – 2022. – No. 1. – P. 9-13.
4. Zemskaya Yu. N. On changes in the communication landscape in the era of the Internet and social networks // Scientific journal. – 2015. – No. 4. – P. 187-190.
5. Ivanitsky V.V. Communication in animals: theory and facts // Russian Ornithological Journal. – 2009. – T. 18. – No. 470. – P. 407-425.
6. Levin S. M. Narrative approach, fiction and reality // Philosophical Journal. – 2018. – T. 11. – No. 3. – P. 184-187.
7. Nazarchuk A. V. Evolution of the concept of communication in social thought of the 20th century // Bulletin of the Russian Peoples’ Friendship University. Series Philosophy. – 2012. – No. 1. – P. 48-54.
8. Prochnev G. B. Transformation of models of social communication in the digital era // Bulletin of Moscow University. Series 18. Sociology and political science. – 2022. – T. 28. – No. 4. – P. 122-138.
9. Usoltseva N. A., Usoltsev Yu. M. Chat bot as an element of legal reality // Legal science. – 2020. – No. 9. – P. 72-75.
10. Lasswell H. The structure and function of communication in society, the communication of ideas. Institute for Religious and Social Studies, 1948. – P. 37-51.
11. Osipova N. G., Elishev S. O., Pronchev G. B. Mass information media and propaganda mouthpiece as a tool for manipulating and social inequality factor among the young people // Astra Salvensis. – 2018. – Vol. 6. – P. 541-550.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
BAYNAZAROV Irandyk Nailovich
Ph.D. in historical sciences, associate professor, Deputy Dean for educational and scientific work of the Nautical Faculty of the Kamchatka State Technical University
ABOUT SOME ASPECTS OF THE INFLUENCE OF LANGUAGE ON THE STATE OF NATIONAL IDENTITY
The article examines and analyzes some aspects of the influence of language on the state of national identity. For this analysis, the relationship between proficiency in the native language and the presence of national identity was considered. Individual peoples were randomly selected in alphabetical order according to the 2021 Russian Federation Census table. Thus, a significant part of this or that people does not speak their native language, which does not prevent them from identifying themselves as their own people. The analysis showed that national identity does not depend on proficiency in the national language.
Keywords: language, national identity, assimilation, national identity.
Bibliographic list of articles
1. Pythagoras. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38609.
2. Voltaire. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38589.
3. Pushkin A. S. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38519.
4. Turgenev I. S. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38560.
5. Leskov N. S. [Elethrone resource]. – Access mode: https://time365.info/aforizmi/aforizm/38605.
6. Belinsky V. G. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38531.
7. Ushinsky K. D. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/460508.
8. Shpet G. G. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38541.
9. Tolstoy L. N. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/460513.
10. Sholokhov M. A. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38596.
11. Wittgenstein L. J. I. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38571.
12. Lyle Campbell. Historical Linguistics. An Introduction. – Edinburgh: University Press, 2013. – P. 139.
13. Heidegger M. [Electronic resource]. – Access mode: https://time365.info/aforizmi/aforizm/38591.
14. [Electronic resource]. – Access mode: https://nsportal.ru/ap/library/literaturnoe-tvorchestvo/2015/01/11/pedagogicheskoe-nasledie-narodnogo-poeta#:~:text=In%20comprehensive%20education%20personality%20Mustai, everyone %20moral%20and%20moral%20views.
15. Evening of lyrics. – Moscow: Art, 1965.
16. [Electronic resource]. – Access mode: https://dagpravda.ru/kultura/toboj-zhivu-i-toboj-gorzhus/#:~:text=R.%20Gamzatov%20so%20wrote%20o, world%2C%20and%20I%20grateful %20him.”
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PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate professor of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University, Krasnodar
SHMATKO Olga Nikolaevna
master’s degree student of the studying “Philosophy” of the North Caucasus Federal University; Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
FACTORS OF FORMATION AND FUNCTIONS OF HISTORICAL CONSCIOUSNESS AS A SOCIO-CULTURAL PHENOMENON
The article conducts a study of the formation factors and specific functions of historical consciousness as a complex phenomenon, including the maintenance and transmission of historical memory, as well as the generation of historical thinking among subjects of society who have the ability to critically perceive the surrounding reality and ongoing processes. Through the process of continuity and social inheritance, subjects of society adopt and transmit the knowledge, values, traditions and experience of previous generations. Historical consciousness participates in the formation of a worldview, supporting and developing cultural systems, preserving cultural memory and facilitating the knowledge of individuals and their groups of the social world. Historical consciousness helps subjects of society, based on understanding their role in historical processes, to create effective strategies for realizing the future.
Keywords: historical consciousness, historical memory, cultural and historical heritage, communication of subjects, identity formation, social philosophy, society.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A. The problem of the subject of historical knowledge: philosophical analysis // Bulletin of the Armavir State Pedagogical University. – 2018. – T. 1. – No. 1. – P. 24-35.
2. Baklanova O. A., Syomkin A. V., Yugai V. V. Value foundations of sociocultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
3. Zolotarev S.P., Smagina G.V. On the question of historical consciousness and tradition: social and philosophical aspect // Kant. – 2023. – No. 2 (47). – pp. 142-149.
4. Zolotarev S.P. Historical consciousness as a form of public consciousness // Bulletin of Kalmyk University. – 2022. – No. 2 (54). – pp. 99-105.
5. Lagunov A. A., Baklanov I. S., Ivanova S. Yu. Christian eschatology and social utopias: on the 100th anniversary of the birth of Protopresbyter Alexander Schmemann // Bulletin of the Russian Peoples’ Friendship University. Series: Philosophy. – 2022. – T. 26. – No. 1. – P. 110-119
6. Pokhilko A.D., Gubanova M.A., Loba V.E., Abdulaeva I.A. Dialogues of socio-historical consciousness // Bulletin of the Armavir State Pedagogical University. – 2023. – No. 1. – P. 173-183.
7. Tufanov E.V., Kravchenko I.N., Shmatko O.N. On some aspects of social life in the process of urbanization of society // Bulletin of Kalmyk University. – 2020. – No. 3 (47). – pp. 52-59.
8. Shmatko A. A. Historical experience in the structure of historicalconsciousness: representation and socio-philosophical reflection // Humanitarian and socio-economic sciences. – 2021. – No. 6 (121). – pp. 27-31.
9. Shmatko A. A., Pokhilko A. D., Gubanova M. A. Modalities of social transformations // Humanitarian and social sciences. – 2015. – No. 4. – P. 53-62.
10. Shmatko O. N. Historical and legal issues of state protection of cultural heritage objects in Russia // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 148-154.
11. Shmatko O. N. The place and role of the museum in the cultural and educational space of the university // Bulletin of the AIC of Stavropol. – 2014. – No. 2 (14). – P. 252-25
12. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – P. 41-47.
13. Baklanov I. S., Baklanova O. A., Shmatko A. A., Gubanova M. A., Pokhilko A. D. The Historical Past as a Factor of Sociocultural Transformation of Postmodernity // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 1. – P. 373-378.
14. Ivashova V. A., Tufanov E. V., Kravchenko I. N., Shmatko O. N., Yurchenko S. N. Preferences for physical education and sport activities among the young people on university campus // Journal of Pharmaceutical Negative Results. – 2022. – Vol. 13. – Special Issue. 6. – P. 947-952.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Olga Igorevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
ZUEVA Elizaveta Konstantinovna
postgraduate student of the direction “Philosophical anthropology, philosophy of culture 47.06.01FF” of the I. S. Turgenev Oryol State University
FOMINA Darya Sergeevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
SOCIAL AND PHILOSOPHICAL ANALYSIS OF THE PROBLEM FIELD AND THE ROLE OF DIGITAL CULTURE IN RUSSIA
The problem of digital culture in Russia is relevant in the modern world due to the rapid development of information technologies and their influence on all spheres of public life. Digital culture covers a wide range of aspects, from access to information and communication to digital skills and the acceptance of digital tools in everyday life. The study of digital culture in Russia requires a systematic approach and attention from the state, educational institutions, cultural institutions and the public in general. Digital culture is of philosophical interest as a new environment in which humanity gains new opportunities, but also faces new challenges and problems that require deep philosophical analysis.
Keywords: digital culture, modern education, philosophical analysis, digitalization, innovation.
Bibliographic list of articles
1. Alekseev A. Yu. Cognitive and anthropological problems in the study of electronic culture // Bulletin of the Faculty of Humanities of ISU. 2014. Vol. 7. pp. 35-40.
2. Bermus A. G. Current problems of pedagogical education in the era of digital transformation: theoretical review // Pedagogy. Questions of theory and practice Pedagogy. Theory & Practice. Issue 1. Volume 7. pp. 1-10. 2022 Issue 1. Volume 7. P. 1-10
3. Research of the Russian market of online education and educational technologies. [Electronic resource]. – Access mode: https://edmarket.digital/ (date of access: 11/30/2023).
4. Dobrinskaya D. E. Sociological understanding of the Internet: theoretical approaches to network research // Bulletin of Moscow University. Ser. 18. Sociology and political science. 2016. No. 3. P. 21-37.
5. The concept and essence of digitalization of the education system. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-suschnost-tsifrovizatsii-sistemy-obrazovaniya (Date of access: 12/01/2023).
6. Spherum. [Electronic resource]. – Access mode: https://sferum.ru/?p=start (Access date: 12/01/2023).
7. Digitalization of education in Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru/a/144216 (Access date: 12/05/2023).
8. Digital technologies in education: how modern tools help teachers. [Electronic resource]. – Access mode: https://ioe.hse.ru/digitalineducation (Access date: 12/01/2023).
PHILOSOPHY. RIGHT. SOCIETY
LARYUSHKIN Sergey Alexandrovich
postgraduate student of Philosophy and theology sub-faculty of the Kozma Minin Nizhny Novgorod State Pedagogical University
VENERATION OF NEW MARTYRS IN THE CONTEXT OF THE IDEALS OF HOLY RUSSIA: ON THE ISSUE OF NATIONAL IDENTIFICATION
The article presents a conceptual analysis of veneration of new martyrs in the context of the idea of Holy Russia. This concept is understood as a national ideal and includes the central Christian aspects (Christocentricity, soteriology, eschatology, deification), implemented in real life in the form of spiritual and moral norms, social ethics and peculiarity of statehood. The peculiar attitude of the Russian people to the veneration of their saints from the times of Ancient Russia to the present day is revealed, and it is shown that conceptually the veneration of the new martyrs preserves the originality, the essence of which is expressed in the fact that in all the spheres of life (ecclesiastical, state, social, domestic, etc.) faith is defended and deification is achieved. In political terms, the central idea of Holy Russia is the “symphony”, the synergy of governing powers, in social terms, Holy Russia assumes the presence of saints and sinners in its conceptual field, so the spiritual feat by the new martyrs is the result of the destruction of all the spiritual & national and internal political constants, and also illustrates the changes in the Christian worldview of the Russian society, acts as a guarantor of the preservation of spiritual and national traditions.
Keywords: Holy Russia, new martyrs, national ideals, originality, sainthood, “symphony” of governing powers, spiritual worldview.
Bibliographic list of articles
1. Beglov A.L. – [Electronic resource]. – Access mode: https://psmb.ru/a/k-osmysleniyu-fenomena-novomuchenikov-i-ispovednikov-rossiyskih.html (access date: 11/22/2023).
2. Lepakhin V.V. The image of holiness: spatial, temporal, religious and historiosophical categories of Holy Rus’. Part 4. – [Electronic resource]. – Access mode: https://pravoslavie.ru/340.html (access date: 11/22/2023).
3. Perevezentsev S.V. Holy Rus’ as the ideal and earthly reality of Russia, expressed in the exploits of saints. Part II. – [Electronic resource]. – Access mode: https://svyatye.online/articles/glavnoe/sergey-perevezentsev-svyataya-rus-kak-ideal-i-zemnaya-realnost-rossii-vyrazhennaya-v-podvigakh-svyat (access date: 12/21/2023 )
4. Perevezentsev S.V. Svyatorusskoe kingdom. The image of Holy Rus’ in Russian history. Second Arzamas Council Meetings (October 16-18, 2003 Righteous of the Russian Land. Historical and local history seminar. Materials / Arzamas State Pedagogical Institute named after A.P. Gaidar. – Arzamas: AGPI. 2003. – 271 p.
5. Fedotov G.P. Saints of Ancient Rus’. – M.: Moscow worker, 1990. – 270 p.
6. Shaposhnikov L. E. Specificity of Russian holiness. Second Arzamas Cathedral Meetings (October 16-18, 2003 Righteous of the Russian Land. Historical and local history seminar. Materials / Arzamas State Pedagogical Institute named after A.P. Gaidar. – Arzamas: AGPI. 2003. – 271 p.
PHILOSOPHY. RIGHT. SOCIETY
TOLKACHEV Roman Vladimirovich
student of the Far Eastern Federal University, Vladivostok
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
BLIZNETSOV Alexander Sergeevich
student of the Far Eastern Federal University, Vladivostok
STANKEVICH Arina Sergeevna
student of the Far Eastern Federal University, Vladivostok
MEZIN Maxim Kirillovich
student of the Far Eastern Federal University, Vladivostok
EURASIANISM IN THE MODERN CONTEXT: FROM GUMILEV’S PASSIONARITY TO THE POLITICS OF MULTIPOLARITY
This article highlights the evolution of the idea of Eurasianism from the beginning of the 20th century to the present, with a special focus on the philosophy of Lev Gumilev and the influence of his theory of passion on the formation of neo-Eurasianism. The influence of these ideas on Russian domestic and foreign policy, as well as on the general direction of geopolitical development in the post-Soviet space, is considered. Both the support of these ideas from political leaders and criticism from the scientific community are analyzed. Special attention is paid to the role of neo-Eurasianism in creating a multipolar world and a pragmatic approach to the integration of post-Soviet states.
Keywords: Eurasianism, Lev Gumilev, passionarity, neo-Eurasianism, geopolitics, multipolar world, Russia, post-Soviet space, pragmatic Eurasianism.
Bibliographic list of articles
1. Berdyaev N. A. Slavophilism and the Slavic idea // Fate of Russia (Experiments on the psychology of war and nationality) / Coproduction, introductory article and comments by A. A. Galaktionov. – M.: G. A. Leman and S. I. Sakharov, 1918. – P. 135-142. — 240 s.
2. Andreev V.F. Northern Guard of Rus’: Essays on the history of medieval Novgorod. – L.: Lenizdat, 1989. – ISBN 5-289-00256-1.
3. Galaktionov A. A., Nikandrov P. F. Slavophilism, its national sources and place in the history of Russian thought // Questions of Philosophy. – 1966. – No. 3.
4. Sobolev A.V. Eurasianism // New philosophical encyclopedia: in 4 volumes / Institute of Philosophy RAS; National social-scientific fund; Pred. scientific-ed. Council V. S. Stepin. – M.: Mysl, 2000-2001. — ISBN 5-244-00961-3.
5. Laruelle M. “Russia as a civilization: The imperialist ideology of neo-Eurasians” // Russian politics and international relations. – 2008.
PHILOSOPHY. RIGHT. SOCIETY
FOMIN Andrey Alexandrovich
postgraduate student of Cultural studies and fine arts sub-faculty of the Ivanovo State University, Shuya branch
THE EVOLUTION OF IDEAS ABOUT ETHOS AND ITS MODERN INTERPRETATION
One of the serious challenges of our time is extreme moral relativism, a system of double standards. It is extremely important to return to the spiritual constitutive, which actualizes the appeal to the concept of ethos. The article traces the evolution of the understanding of the ethnos. A reasonable conclusion is made not only about the polysemanticity of the term, but also the need to clarify it. The gradual complication of the term in the history of philosophical thought is stated, while the globality of the ethos is questioned, although its universality is not rejected. The author comes to the conclusion about the importance of defining a national ethos, first of all, the ethos of the Russian warrior.
Keywords: ethos, ethics, moral values, ethos of the Russian warrior.
Bibliographic list of articles
1. Liddell H. G., Scott R. A Greek-English Lexicon // Revised by Sir Henry Stuart Jones. – Oxford: Clarendon Press, 1996.
2. Platonov-Polyakov R. S. Semantics of the word “ἦθος” in ancient Greek culture of the 8th – 4th centuries. // Ethical thought. – 2015. – T. 15. – No. 2. – P. 26-52.
3. Golik N.V. The mystery of ethos // Religion and morality in the secular world: Materials of a scientific conference. – SPb.: SPb. Philosophical Society, 2001. – P. 86.
4. Guseinov A. A. Great moralists. – M.: Republic, 1995. – 350 p.
5. Gompertz T. Greek thinkers. – St. Petersburg: Aletheia, 1999. – T. 1. – 606 pp.
6. Schwartz E. Ethik der Griechen. – Stuttgart: K. F. Koehler Verlag, 1951. – 269 s.
7. Aristotle. Nicomachean Ethics. – M.: Berlin: Direct-Media, 2020. – 222 p.
8. Golik N.V. Ethos and its rhythm. // Social analytics of rhythm. Collection of conference materials. – St. Petersburg: St. Petersburg Philosophical Society, 2001. – P. 36.
9. Losev A.F. History of ancient aesthetics: in 8 vols. T. 5. – Kharkov: Folio; M.: AST, 2000. – 960 pp.
10. Mill J. St. System of syllogistic and inductive logic: Statement of the principles of proof in connection with methods of scientific research. – M.: LENAND, 2011. – 832 p.
11. Avdeeva I. A. Ethos as an ethical and philosophical problem in the context of modern research // Bulletin of TSU. – 2013. – Issue. 7. – pp. 250-256.
12. Weber M. Selected works. – M.: Progress, 1990. – 808 p.
13. Sheler M. Selected works. – M.: Gnosis, 1994. – 490 pp.
14. Merton R. K. The Sociology of science. Theoretical and Empirical Investigations/Ed. By N.W. Storer. – Chicago: Univ. of Chicago Press, 1973. – 609 p.
15. Storer N. W. Introduction // Merton R.K. The Sociology of science. Theoretical and Empirical Investigations/Ed. By N.W. Storer. – Chicago: University of Chicago Press, 1973. – Pp. xi-xxxi.
16. Demina N.V. The concept of the ethos of science: Merton and others in search of the social geometry of norms // Sociological Journal. – 2005. – No. 4. – P. 5-47.
17. Lazar M. G. Ethos of science in the sociology of R. Merton: fate and status in science studies // Sociology of science and technology. – 2010. – T. 1. – No. 4. – P. 124-139.
18. Ziman J. Prometheus bond. Science in a dynamic steady state. – Cambridge: Cambr. Univ. Press, 1994. – 289 p.
19. Geertz K. Interpretation of cultures. – M.: ROSSPEN, 2004. – 560 p.
20. Paleev R. Different images of man (Maria Ossovskaya vs Max Weber) // Philosophical anthropology. – 2017. – T. 3. – No. 1. – P. 64-79.
21. Ossovskaya M. Knight and bourgeois: Studies in the history of morality. – M.: Progress, 1987. – 528 p.
22. Ancel E. Ethos and history. – M.: Mysl, 1988. – 126 p.
23. Plakhov V. D. Russia: ethological culture and modernity // Humanitarian culture as a factor in the transformation of Russia: Materials of the international scientific and practical conference. – St. Petersburg: SPbGUP, 1998. – P. 120-122.
24. Guseinov A. A. Is a global society possible without a global ethos? // Humanitarian culture as factor of transformation of Russia: Materials of the international scientific and practical conference. – St. Petersburg: SPbGUP, 1998. – pp. 57-59.
25. Guseinov A. A. Philosophy. Morality. Policy. – M.: Akademkniga, 2002. – 300 pp.
26. Neklessa A. I. Ethos of the global world. – [Electronic resource]. – Access mode: https://archipelag.ru/geoeconomics/global/challenge/etos (access date: 12/03/2023).
27. Apresyan R. G. Professional, applied and practical ethics. – [Electronic resource]. – Access mode: https://iphras.ru/uplfile/ethics/RC/ed/kaunas/apr.html#_ftnref3 (date of access: 12/03/2023).
28. Smirnov G. S., Smirnov D. G. Ethos of (self) limitations: noospheric aspectization // Ethical studies. – 2020. – Br. 5. – Book. 3. – pp. 210-222.
29. Didov P.V. Military ethos in the Orthodox tradition: dis. …cand. Philosopher Sci. – St. Petersburg: RGPU, 2014. – 135 p.
30. Koroteev S.V. Ethos of St. Petersburg: dis. …cand. Philosopher Sci. – St. Petersburg: RGPU, 2007. 178 p.
31. Avdeeva I. A. Ethos as an ethical and philosophical problem in the context of modern research // Bulletin of TSU. – 2013. – Issue. 7. – pp. 250-256.
32. Koval E. V. Ethos of the information society: abstract. dis. …cand. Philosopher Sci. – Saransk, 2011.
33. Grigorieva D. D. Modern social modes of ethos representation: advertising: dis. …cand. Philosopher Sci. – Tver, 2018. – 158 p.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
BAYNAZAROV Irandyk Nailovich
Ph.D. in historical sciences, associate professor, Deputy Dean for educational and scientific work of the Nautical Faculty of the Kamchatka State Technical University
ANALYSIS OF THE CURRENT STATE OF NATIONAL IDENTITY OF THE PEOPLES OF THE RUSSIAN FEDERATION ACCORDING TO THE RESULTS OF THE 2021 POPULATION CENSUS
The article examines and analyzes the current state of national identity based on the results of the 2021 census in the Russian Federation. Thus, census data showed that almost 17 million citizens of the country demonstrate a lack of national identity. Possible reasons for this phenomenon are the globalization of the information space and the possibilities of Internet communications. In addition, the abolition of the indication of nationality in the Russian passport played a role. Also, the erosion of national identity was influenced by the so-called double identity, contrary to the traditional definition of nationality by the father or mother of the child in mixed families.
Keywords: national identity, assimilation, national identity, population census.
Bibliographic list of articles
1. Etymological dictionary of the Russian language = Russisches etymologisches Wörterbuch: in 4 volumes / author-comp. M. Vasmer; lane sleep idop. member cor. ANSSSR O. N. Trubacheva.- Ed. 2nd, erased – M.: Progress, 1986. – T.I: E – Male. – P. 158.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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